DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Solid and Hazardous Waste Commission/Hazardous Materials and Waste Management Division HAZARDOUS WASTE - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES 6 CCR 1007-3 Part 264 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _______________________________________________________________________________ PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES Subpart A - General Sec.

264.1 Purpose, scope and applicability.

264.2 [Reserved]

264.3 Relationship to interim status standards.

264.4 Imminent hazard action.

Subpart B - General Facility Standards

264.10 Applicability.

264.11 Identification number.

264.12 Required notices.

264.13 General waste analysis.

264.14 Security.

264.15 General inspection requirements.

264.16 Personnel training.

264.17 General requirements for ignitable, reactive, or incompatible wastes.

264.18 Installation standards.

264.19 Construction quality assurance program.

Subpart C - Preparedness and Prevention

264.30 Applicability.

264.31 Design and operation of facility.

264.32 Required equipment.

264.33 Testing and maintenance of equipment.

264.34 Access to communications or alarm system.

264.35 Required aisle space.

264.36 [Reserved]

264.37 Arrangements with local authorities.

Subpart D - Contingency Plan and Emergency Procedures

264.50 Applicability.

264.51 Purpose and implementation of contingency plan.

264.52 Content of contingency plan.

264.53 Copies of contingency plan.

264.54 Amendment of contingency plan.

264.55 Emergency coordinator.

264.56 Emergency procedures.

Subpart E - Manifest System, Recordkeeping and Reporting

264.70 Applicability.

264.71 Use of manifest system.

264.72 Manifest discrepancies.

264.73 Operating record.

264.74 Availability, retention, and disposition of records.

264.75 Biennial report.

264.76 Unmanifested waste report.

264.77 Additional reports.

Subpart F - Ground-Water Protection

264.90 Applicability.

264.91 Required programs.

264.92 Ground-water protection standard.

264.93 Hazardous Constituents.

264.94 Concentration limits.

264.95 Point of compliance.

264.96 Compliance period.

264.97 General ground-water monitoring requirements.

264.98 Detection monitoring program.

264.99 Compliance monitoring program.

264.100 Corrective action program.

264.101 Corrective action for solid waste management units.

264.102-264.109 [Reserved] Subpart G - Closure and Post-Closure

264.110 Applicability.

264.111 Closure performance standard.

264.112 Closure plan; amendment of plan.

264.113 Closure; time allowed for closure.

264.114 Disposal or decontamination of equipment, structures and soils.

264.115 Certification of closure.

264.116 Survey plat.

264.117 Post-closure care and use of property.

264.118 Post-closure plan; amendment of plan.

264.119 Post-closure notices.

264.120 Certification of completion of post-closure care.

Subpart H - [Reserved] Subpart I - Use and Management of Containers

264.170 Applicability.

264.171 Condition of containers.

264.172 Compatibility of waste with containers.

264.173 Management of containers.

264.174 Inspections.

264.175 Containment.

264.176 Special requirements for ignitable or reactive waste.

264.177 Special requirements for incompatible wastes.

264.178 Closure.

264.179 Air emission standards.

Subpart J - Tanks

264.190 Applicability.

264.191 Assessment of existing tank system's integrity.

264.192 Design and installation of new tank systems or components.

264.193 Containment and detection of releases.

264.194 General operating requirements.

264.195 Inspections.

264.196 Response to leaks or spills and disposition of leaking or unfit-for-use tank systems.

264.197 Closure and post-closure care.

264.198 Special requirements for ignitable or reactive waste.

264.199 Special requirements for incompatible wastes.

264.200 Air emission standards.

Subpart K - Surface Impoundments.

264.220 Applicability.

264.221 Design and operating requirements.

264.222 Action leakage rate.

264.223 Response actions.

264.224-264.225 [Reserved]

264.226 Monitoring and inspection.

264.227 Emergency repairs; contingency plans.

264.228 Closure and post-closure care.

264.229 Special requirements for ignitable or reactive waste.

264.230 Special requirements for incompatible wastes.

264.231 Special requirements for hazardous wastes F020, F021, F022, F023, F026,and F027.

264.232 Air emission standards.

264.233-264.249 [Reserved] Subpart L - Waste Piles

264.250 Applicability.

264.251 Design and operating requirements.

264.252 Action leakage rate.

264.253 Response actions.

264.254 Monitoring and inspection.

263.255 [Reserved]

264.256 Special requirements for ignitable or reactive waste.

264.257 Special requirements for incompatible wastes.

264.258 Closure and post-closure care.

264.259 Special requirements for hazardous wastes F020, F021, F022, F023, F026, and F027. 264.260-264.269 [Reserved] Subpart M - Land Treatment

264.270 Applicability.

264.271 Treatment program.

264.272 Treatment demonstration.

264.273 Design and operating requirements.

264.274-264.275 [Reserved]

264.276 Food-chain crops.

264.277 [Reserved]

264.278 Unsaturated zone monitoring.

264.279 Recordkeeping.

264.280 Closure and post-closure care.

264.281 Special requirements for ignitable or reactive waste.

264.282 Special requirements for incompatible wastes.

264.283 Special requirements for hazardous wastes F020, F021, F022, F023, F026, and F027. 264.284-264.299 (Reserved] Subpart N - Landfills

264.300 Applicability.

264.301 Design and operating requirements.

264.302 Action leakage rate.

264.303 Monitoring and inspection.

264.304 Response actions.

264.305-264.308 [Reserved]

264.309 Surveying and recordkeeping.

264.310 Closure and post-closure care.

264.311 [Reserved]

264.312 Special requirements for ignitable or reactive waste.

264.313 Special requirements for incompatible wastes.

264.314 Special requirements for bulk and containerized liquids.

264.315 Special requirements for containers.

264.316 Disposal of small containers of hazardous waste in overpacked drums (lab packs).

264.317 Special requirements for hazardous wastes F020, F021, F022, F023, F026, and F027. 264.318-264.339 [Reserved] Subpart O -Incinerators, Boilers and Industrial Furnaces

264.340 Applicability.

264.341 Waste analysis.

264.342 Risk based performance standards for hazardous constituents.

264.343 Performance standards to control particulate matter.

264.344 Performance standards to control emissions of metallic compounds.

264.345 Standards to control hydrogen chloride and chlorine gas emissions.

264.346 Permit standards for burners.

264.347 Regulation of residues.

264.348 Appendices I-XIII

264.349-264.399 [Reserved] Subparts P - R [Reserved] Subpart S - Corrective Action

264.550 Applicability of Corrective Action Management Unit (CAMU) regulations.

264.551 Grandfathered Corrective Action Management Unit (CAMU) regulations.

264.552 Corrective Action Management Units (CAMU).

264.553 Temporary Units (TU).

264.554 Staging piles.

Subparts T - V [Reserved] Subpart W - Drip Pads

264.570 Applicability.

264.571 Assessment of existing drip pad integrity.

264.572 Design and installation of new drip pads.

264.573 Design and operating requirements.

264.574 Inspections.

264.575 Closure.

Subpart X - Miscellaneous Units

264.600 Applicability.

264.601 Environmental performance standards.

264.602 Monitoring, analysis, inspection, response, reporting, and corrective action.

264.603 Post-closure care.

Subpart AA - Air Emission Standards for Process Vents

264.1030 Applicability.

264.1031 Definitions.

264.1032 Standards: Process vents.

264.1033 Standards: Closed-vent systems and control devices.

264.1034 Test methods and procedures.

264.1035 Recordkeeping requirements.

264.1036 Reporting requirements.

264.1037-264.1049 [Reserved] Subpart BB - Air Emission Standards for Equipment Leaks

264.1050 Applicability.

264.1051 Definitions.

264.1052 Standards: Pumps in light liquid service.

264.1053 Standards: Compressors.

264.1054 Standards: Pressure relief devices in gas/vapor service.

264.1055 Standards: Sampling connecting systems.

264.1056 Standards: Open-ended valves or lines.

264.1057 Standards: Valves in gas/vapor service or in light liquid service.

264.1058 Standards: Pumps and valves in heavy liquid service, pressure relief devices in light liquid or heavy liquid service, and flanges and other connectors.

264.1059 Standards: Delay of repair.

264.1060 Standards: Closed-vent systems and control devices.

264.1061 Alternative standards for valves in gas/vapor service or in light liquid service: percentage of valves allowed to leak.

264.1062 Alternative standards for valves in gas/vapor service or in light liquid service: skip period leak detection and repair.

264.1063 Test methods and procedures.

264.1064 Recordkeeping requirements.

264.1065 Reporting requirements.

264.1066-264.1079 [Reserved] Subpart CC - Air Emission Standards for Tanks, Surface Impoundments, and Containers

264.1080 Applicability.

264.1081 Definitions.

264.1082 Standards: General.

264.1083 Waste determination procedures.

264.1084 Standards: Tanks.

264.1085 Standards: Surface impoundments.

264.1086 Standards: Containers.

264.1087 Standards: Closed-vent systems and control devices.

264.1088 Inspection and monitoring requirements.

264.1089 Recordkeeping requirements.

264.1090 Reporting requirements.

264.1091 [Reserved]

Subpart DD - Containment Buildings

264.1100 Applicability.

264.1101 Design and operating standards.

264.1102 Closure and post-closure care.

264.1103-264.1110 [Reserved] 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 §

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) 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 § 262.14 of these regulations.

(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.

(3) A generator accumulating waste on site in compliance with §§ 262.14, 262.15, 262.16, or

262.17 of these regulations.

(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.

(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).

(7) [Reserved] (8) (i) Except as provided in paragraph (g)(8)(ii) of this section, a person engaged in treatment or containment activities during immediate response to any of the following situations:

1. (A) A discharge of a hazardous waste;
   1. (B) An imminent and substantial threat of a discharge of hazardous waste;
      1. (C) A discharge of a material which, when discharged, becomes a hazardous waste.

(ii) An owner or operator of a facility otherwise regulated by this part must comply with all applicable requirements of Subparts C and D.

(iii) Any person who is covered by paragraph (g)(8)(i) of this section and who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this part.

(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.

(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.

(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.

(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.

(i) Batteries as described in § 273.2(a) of these regulations;

(ii) Pesticides as described in § 273.2(b) of these regulations;

(iii) Mercury-containing devices as described in § 273.2(c) of these regulations;

(iv) Aerosol cans as described in § 273.2(d) of these regulations;

(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;

(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;

(3) Prevent people who are unaware of the danger from entering, and minimize the possibility for unauthorized people or livestock to enter onto the active portion of the remediation waste management site, unless the owner or operator can demonstrate to the Director that:

(i) Physical contact with the waste, structures, or equipment within the active portion of the remediation waste management site will not injure people or livestock who may enter the active portion of the remediation waste management site; and (ii) Disturbance of the waste or equipment by people or livestock who enter onto the active portion of the remediation waste management site, will not cause a violation of the requirements of this part;

(4) Inspect the remediation waste management site for malfunctions, deterioration, operator errors, and discharges that may be causing, or may lead to, a release of hazardous waste constituents to the environment, or a threat to human health. The owner or operator must conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment, and must remedy the problem before it leads to a human health or environmental hazard. Where a hazard is imminent or has already occurred, the owner/operator must take remedial action immediately;

(5) Provide personnel with classroom or on-the-job training on how to perform their duties in a way that ensures the remediation waste management site complies with the requirements of this part, and on how to respond effectively to emergencies;

(6) Take precautions to prevent accidental ignition or reaction of ignitable or reactive waste, and prevent threats to human health and the environment from ignitable, reactive and incompatible waste;

(7) For remediation waste management sites subject to regulation under subparts I through O and subpart X of this part, the owner/operator must design, construct, operate, and maintain a unit within a 100-year floodplain to prevent washout of any hazardous waste by a 100-year flood, unless the owner/operator can meet the demonstration of § 264.18(b) of these regulations;

(8) Not place any non-containerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine or cave;

(9) Develop and maintain a construction quality assurance program for all surface impoundments, waste piles and 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;

(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;

(11) Designate at least one employee, either on the facility premises or on call (that is, available to respond to an emergency by reaching the facility quickly), to coordinate all emergency response measures. This emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan;

(12) Develop, maintain and implement a plan to meet the requirements in paragraphs (j)(2) through (j)(6) and (j)(9) through (J)(10) of this section; and (13) Maintain records documenting compliance with paragraphs (j)(1) through (j)(12) of this section. (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) The owner or operator of a facility that is arranging or has arranged to receive hazardous waste subject to Part 262, Subpart H from a foreign source must submit the following required notices:

(1) As per § 262.84(b), for imports where the competent authority of the country of export does not require the foreign exporter to submit to it a notification proposing export and obtain consent from EPA and the competent authorities for the countries of transit, such owner or operator of the facility, if acting as the importer, must provide notification of the proposed transboundary movement in English to EPA using the allowable methods listed in § 262.84(b)(1) at least 60 days before the first shipment is expected to depart the country of export. The notification may cover up to one year of shipments of wastes having similar physical and chemical characteristics, the same United Nations classification, the same RCRA waste codes and OECD waste codes, and being sent from the same foreign exporter.

(2) As per § 262.84(d)(2)(xv), a copy of the movement document bearing all required signatures within three (3) working days of receipt of the shipment to the foreign exporter; to the competent authorities of the countries of export and transit that control the shipment as an export and transit shipment of hazardous waste respectively; and on or after December 31, 2017, to EPA electronically using EPA's Waste Import Export Tracking System (WIETS), or its successor system. The original of the signed movement document must be maintained at the facility for at least three (3) years. The owner or operator of a facility may satisfy this recordkeeping requirement by retaining electronically submitted documents in the facility's account on EPA's Waste Import Export Tracking System (WIETS), or its successor system, provided that copies are readily available for viewing and production if requested by any EPA or authorized state inspector. No owner or operator of a facility may be held liable for the inability to produce the documents for inspection under this section if the owner or operator of a facility can demonstrate that the inability to produce the document is due exclusively to technical difficulty with EPA's Waste Import Export Tracking System (WIETS), or its successor system for which the owner or operator of a facility bears no responsibility.

(3) As per § 262.84(f)(4), if the facility has physical control of the waste and it must be sent to an alternate facility or returned to the country of export, such owner or operator of the facility must inform EPA, using the allowable methods listed in § 262.84(b)(1) of the need to return or arrange alternate management of the shipment.

(4) As per § 262.84(g), such owner or operator shall:

(i) Send copies of the signed and dated confirmation of recovery or disposal, as soon as possible, but no later than thirty days after completing recovery or disposal on the waste in the shipment and no later than one calendar year following receipt of the waste, to the foreign exporter, to the competent authority of the country of export that controls the shipment as an export of hazardous waste, and for shipments recycled or disposed of on or after December 31, 2017, to EPA electronically using EPA's Waste Import Export Tracking System (WIETS), or its successor system.

(ii) If the facility performed any of recovery operations R12, R13, or RC16, or disposal operations D13 through D15, or DC17, promptly send copies of the confirmation of recovery or disposal that it receives from the final recovery or disposal facility within one year of shipment delivery to the final recovery or disposal facility that performed one of recovery operations R1 through R11, or RC16, or one of disposal operations D1 through D12, or DC15 to DC16, to the competent authority of the country of export that controls the shipment as an export of hazardous waste, and on or after December 31, 2017, to EPA electronically using EPA's Waste Import Export Tracking System (WIETS), or its successor system. The recovery and disposal operations in this paragraph are defined in § 262.81 (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) 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.

(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.

[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:

(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.

(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) 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);

(2) The test methods which will be used to test for these parameters;

(3) The sampling method which will be used to obtain a representative sample of the waste to be analyzed. A representative sample may be obtained using either:

(i) One of the sampling methods described in Appendix I of Part 261 of these regulations; or (ii) An equivalent sampling method.

(4) The frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up to date; and (5) For off-site facilities, the waste analyses that hazardous waste generators have agreed to supply.

(6) Where applicable, the methods that will be used to meet the additional waste analysis requirements for specific waste management methods as specified in § § 264.17, 264.314, 264.341, 264.l034(d), 264.1063(d), 264.1083, and 268.7 of these regulations.

(7) For surface impoundments exempted from land disposal restrictions under § 268.4(a), the procedures and schedules for:

(i) The sampling of impoundment contents;

(ii) The analysis of test data; and;

(iii) The annual removal of residues which are not delisted under § 260.22 of these regulations or which exhibit a characteristic of hazardous waste and either:

1. (A) Do not meet applicable treatment standards of Part 268, Subpart D; or (B) Where no treatment standards have been established:
   1. (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).

(8) For owners and operators seeking an exemption to die air emission standards of Subpart CC in accordance with § 264.1082:

(i) If direct measurement is used for the waste determination, the procedures and schedules for waste sampling and analysis, and the results of the analysis of test data to verity the exemption.

(ii) If knowledge of the waste is used for the waste determination, any information prepared by the facility owner or operator or by the generator of the hazardous waste, if the waste is received from 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) The procedures which will be used to determine the identity of each movement of waste managed at the facility; and (2) The sampling method which will be used to obtain a representative sample of the waste to be identified, if the identification method includes sampling.

(3) The procedures that the owner or operator of an off-site landfill receiving containerized hazardous waste will use to determine whether a hazardous waste generator or treater has added a biodegradable sorbent to the waste in the container. § 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) 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) A 24-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the active portion of the facility; or (2) (i) An artificial or natural barrier (e.g., a fence in good repair or a fence combined with a cliff), which completely surrounds the active portion of the facility; and (ii) A means to control entry, at all times, through the gates or other entrances to the active portion of the facility (e.g., an attendant, television monitors, locked entrance, or controlled roadway access to the facility).

(c) Unless the owner or operator has made a successful demonstration under paragraphs (a)(1) and (a)(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) The owner or operator must develop and follow a written schedule for inspecting monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting, or responding to environmental or human health hazards.

(2) He/she must keep this schedule at the facility.

(3) The schedule must identify the types of problems (e.g., malfunctions or deterioration) which are to be looked for during the inspection (e.g., inoperative sump pump, leaking fitting, eroding dike, etc.).

(4) The frequency of inspection may vary for the items on the schedule. However, the frequency should be based on the rate of deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, malfunction, or operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, must be inspected daily when in use. At a minimum, the inspection schedule must include the items and frequencies called for in §§ 264.174, 264.193, 264.195, 264.226, 264.254, 264.278, 264.303, 264.347, 264.602, 264.1033, 264.1052, 264.1053, 264.1058, and 264.1083 through 264.1089 of this part, where applicable. Part 100 of these regulations requires the inspection schedule to be submitted with part B of the permit application. The Department will evaluate the schedule along with the rest of the application to ensure that it adequately protects human health and the environment. As part of this review, the Department may modify or amend the schedule as may be necessary.] (5) (Reserved)

(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) 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.

(2) This program must be directed by a person trained in hazardous waste management procedures, and must include instruction which teaches facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed.

(3) At a minimum, the training program must be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including, where applicable:

(i) Procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment;

(ii) Key parameters for automatic waste feed cut-off systems;

(iii) Communications or alarm systems;

(iv) Response to fires or explosions;

(v) Response to ground-water contamination incidents;

(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) The job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job;

(2) A written job description for each position listed under paragraph (d)(1) of this section. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but must include the requisite skill, education, or other qualifications, and duties of employees assigned to each position;

(3) A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under paragraph (d)(1) of this section;

(4) Records that document that the training or job experience required under paragraphs (a), (b), and (c) of this section has been given to, and completed by, facility personnel.

(e) Training records on current personnel must be kept until closure of the facility; training records on former employees must be kept for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.

§ 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) Generate extreme heat or pressure, fire or explosions, or violent reactions;

(2) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health or the environment;

(3) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;

(4) Damage the structural integrity of the device or facility;

(5) Through other like means threaten human health or the environment.

(c) When required to comply with paragraph (a) or (b) of this section, the owner or operator must document that compliance. This documentation may be based on references to published scientific or engineering literature, data from trial tests (e.g., bench scale or pilot scale tests), waste analyses (as specified in § 264.13), or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions. § 264.18 Installation Standards.

(a) Seismic considerations.

(1) Portions of new facilities where treatment, storage, or disposal of hazardous waste will be conducted must not be located within 1000 feet of a fault which has had displacement in Holocene time.

(2) As used in paragraph (a)(1) of this section:

(i) “Fault” means a fracture along which rocks on one side have been displaced with respect to those on the other side.

(ii) “Displacement” means the relative movement of any two sides of a fault measured in any direction.

(iii) “Holocene” means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene to the present.

(b) Floodplains.

(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;

(2) New facilities for disposal shall not be located within the 100-year floodplain.

(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.

(ii) “Washout” means the movement of hazardous waste from the active portion of the facility as a result of flooding.

(iii) “100-year flood” means a flood that has a one percent chance of being 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) A construction quality assurance (CQA) program is required for all surface impoundment, waste pile, and landfill units that are required to comply with § § 264.221(c) and (d), 264.251(c) and (d), and 264.301(c) and (d). The program must ensure that the constructed unit meets or exceeds all design criteria and specifications in the permit. The program must be developed and implemented under the direction of a CQA officer who is a registered professional engineer.

(2) The CQA program must address the following physical components, where applicable:

(i) Foundations;

(ii) Dikes;

(iii) Low-permeability soil liners;

(iv) Geomembranes (flexible membrane liners);

(v) Leachate collection and removal systems and leak detection systems; and (vi) Final cover systems.

(b) Written CQA plan. The owner or operator of units subject to the CQA program under paragraph (a) of this section must develop and implement a written CQA plan. The plan must identify steps 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) Identification of applicable units, and a description of how they will be constructed, (2) Identification of key personnel in the development and implementation of the CQA plan, and CQA officer qualifications.

(3) A description of inspection and sampling activities for all unit components identified in paragraph (a)(2) of this section, including observations and tests that will be used before, during, and after construction to ensure that the construction materials and the installed unit components meet the design specifications. The description must cover: Sampling size and locations; frequency of testing; data evaluation procedures; acceptance and rejection criteria for construction materials; plans for implementing corrective measures; and data or other information to be recorded and retained in the operating record under § 264.73.

(c) Contents of program.

(1) The CQA program must include observations, inspections, tests, and measurements sufficient to ensure:

(i) Structural stability and integrity of all components of the unit identified in paragraph (a)(2) of this section;

(ii) Proper construction of all components of the liners, leachate collection and removal system, leak detection system, and final cover system, according to permit specifications and good engineering practices, and proper installation of all components (e.g., pipes) according to design specifications;

(iii) Conformity of all materials used with design and other material specifications under § § 264.221, 264.251, and 264.301.

(2) The CQA program shall include test fills for compacted soil liners, using the same compaction methods as in the full scale unit, to ensure that the liners are constructed to meet the hydraulic conductivity requirements of § § 264.221(c)(1)(i)(B), 264.251(c)(1)(i)(B), and 264.301(c)(1)(i)(B) in the field. Compliance with the hydraulic conductivity requirements must be verified by using in-situ testing on the constructed test fill. The 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)(1)(i)(B), 264.251(c)(1)(i)(B), and 264.301(c)(1)(i)(B) in the field.

(d) Certification. Waste shall not be received in a unit subject to § 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(1)(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) 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.

(2) The plan shall specify the required equipment and the required availability and training of facility personnel.

(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.

(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.

(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:

(a) An internal communications of alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;

(b) A device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams;

(c) Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and (d) Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems. § 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) 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;

(2) Where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority;

(3) Agreements with State emergency response teams, emergency response contractors, and equipment suppliers; and (4) Arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the facility.

(b) Where State or local authorities decline 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 (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. The owner or operator may develop one contingency plan which meets all regulatory requirements. The Department recommends that the plan be based on the National Response Teams’ Integrated Contingency Plan Guidance (“One Plan” ). When modifications are made to non-RCRA provisions in an integrated contingency plan, the changes do not trigger the need for a RCRA permit modification.

(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:

(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:

(a) The facility permit is revised;

(b) The plan fails in an emergency;

(c) The facility changes-in its design, construction, operation, maintenance, or other circumstances-in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency, (d) The list of emergency coordinators changes; or (e) The list of emergency equipment changes.

§ 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) 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) 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:

(i) Name and telephone number of reporter;

(ii) Name and address of facility;

(iii) Time and type of incident (e.g., release, fire);

(iv) Name and quantity of material(s) involved, to the extent known;

(v) The extent of injuries, if any; and (vi) The possible hazards to human health, or the environment, outside the facility.

(e) During an emergency, the emergency coordinator must take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous waste at the facility. These measures must include, where applicable, stopping processes and operations, collecting and containing release waste, and removing or isolating containers.

(f) If the facility stops operations in response to a fire, explosion, or release, the emergency coordinator must monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.

(g) Immediately after an emergency, the emergency coordinator must provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility.

(h) The emergency coordinator must ensure that, in the affected area(s) of the facility:

(1) No waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed; and (2) All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.

(i) The owner or operator must notify the 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) Name, address, and telephone number of the owner or operator;

(2) Name, address, and telephone number of the facility;

(3) Date, time, and type of incident (e.g., fire, explosion);

(4) Name and quantity of material(s) involved;

(5) 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.

(a) 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(b) only applies to permittees who treat, store or dispose of hazardous wastes on site where such wastes were generated.

(b) The revised manifest form and procedures in § § 260.10, 261.7, 264.70, 264.71, 264.72, and 264.76 of these regulations shall not apply until September 5, 2006. The manifest form and procedures contained in § § 260.10, 261.7, 264.70, 264.71, 264.72, and 264.76 of these regulations at the time of the May 2006 rulemaking hearing shall be applicable until September 5, 2006.

§ 264.71 Use of manifest system.

(a) (1) If a facility receives hazardous waste accompanied by a manifest, the owner, operator or his/her agent must sign and date the manifest as indicated in paragraph (a)(2) of this section to certify that the hazardous waste covered by the manifest was received, that the hazardous waste was received except as noted in the discrepancy space of the manifest, or that the hazardous waste was rejected as noted in the manifest discrepancy space.

(2) If a facility receives a hazardous waste shipment accompanied by a manifest, the owner, operator or his/her agent must:

(i) Sign and date, by hand, each copy of the manifest;

(ii) Note any discrepancies (as defined in § 264.72(a)) in the manifest on each copy of the manifest;

(iii) Immediately give the transporter at least one copy of the manifest;

(iv) Within 30 days of delivery, send a copy (Page 3) of the manifest to the generator; and (v) Within 30 days of delivery, send the top copy (Page 1) of the manifest to the national e-Manifest system for purposes of data entry and processing. In lieu of mailing this paper copy to EPA, the owner or operator may transmit to the EPA system an image file of Page 1 of the manifest, or both a data string file and the image file corresponding to Page 1 of the manifest. Any data or image files transmitted to EPA under this paragraph must be submitted in data file and image file formats that are acceptable to EPA and that are supported by EPA's electronic reporting requirements and by the electronic manifest system.

(vi) Retain at the facility a copy of each manifest for at least three years from the date of delivery.

(3) The owner or operator of a facility receiving hazardous waste subject to Part 262, Subpart H from a foreign source must:

(i) Additionally list the relevant consent number from consent documentation supplied by EPA to the facility for each waste listed on the manifest, matched to the relevant list number for the waste from block 9b. If additional space is needed, the owner or operator should use a Continuation Sheet(s) (EPA Form 8700-22A); and (ii) Send a copy of the manifest within thirty (30) days of delivery to EPA using the addresses listed in § 262.82(e) until the facility can submit such a copy to the e- Manifest system per paragraph (a)(2)(v) of this section.

(b) If a facility receives, from a rail or water (bulk shipment) transporter, hazardous waste which is accompanied by a shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator's certification, and signatures), the owner or operator, or his/her agent, must:

(1) Sign and date each copy of the manifest or shipping paper (if the manifest has not been received) to certify that the hazardous waste covered by the manifest or shipping paper was received;

(2) Note any significant discrepancies (as defined in § 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.

(3) Immediately give the rail or water (bulk shipment) transporter at least one copy of the manifest or shipping paper (if the manifest has not been received);

(4) Within 30 days after the delivery, send a copy of the signed and dated manifest or a signed and dated copy of the shipping paper (if the manifest has not been received within 30 days after delivery) 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. The provisions of §§ 262.15, 262.16, and 262.17 of these regulations are applicable to the on-site accumulation of hazardous wastes by generators. Therefore, the provisions of §§ 262.15, 262.16, and 262.17 of these regulations only apply to owners or operators who are shipping hazardous waste which they generated at that facility or operating as a large quantity generator consolidating hazardous waste from very small quantity generators under § 262.17(f).

(d) As per § 262.84(d)(2)(xv), within three (3) working days of the receipt of a shipment subject to Part 262, Subpart H, the owner or operator of a facility must provide a copy of the movement document bearing all required signatures to the foreign exporter; to the competent authorities of the countries of export and transit that control the shipment as an export and transit of hazardous waste respectively; and on or after December 31, 2017, to EPA electronically using EPA's Waste Import Export Tracking System (WIETS), or its successor system. The original copy of the movement document must be maintained at the facility for at least three (3) years from the date of signature. The owner or operator of a facility may satisfy this recordkeeping requirement by retaining electronically submitted documents in the facility's account on EPA's Waste Import Export Tracking System (WIETS), or its successor system, provided that copies are readily available for viewing and production if requested by any EPA or authorized state inspector. No owner or operator of a facility may be held liable for the inability to produce the documents for inspection under this section if the owner or operator of a facility can demonstrate that the inability to produce the document is due exclusively to technical difficulty with EPA's Waste Import Export Tracking System (WIETS), or its successor system, for which the owner or operator of a facility bears no responsibility.

(e) A facility must determine whether the consignment state for a shipment regulates any additional wastes (beyond those regulated Federally) as hazardous wastes under its state hazardous waste program. Facilities must also determine whether the consignment state or generator state requires the facility to submit any copies of the manifest to these states.

(f) Legal equivalence to paper manifests. Electronic manifests that are obtained, completed, and transmitted in accordance with § 262.20(a)(3) of these regulations, and used in accordance with this section in lieu of the paper manifest form are the legal equivalent of paper manifest forms bearing handwritten signatures, and satisfy for all purposes any requirement in these regulations to obtain, complete, sign, provide, use, or retain a manifest.

(1) Any requirement in these regulations for the owner or operator of a facility to sign a manifest or manifest certification by hand, or to obtain a handwritten signature, is satisfied by signing with or obtaining a valid and enforceable electronic signature within the meaning of 40 CFR § 262.25.

(2) Any requirement in these regulations to give, provide, send, forward, or to return to another person a copy of the manifest is satisfied when a copy of an electronic manifest is transmitted to the other person.

(3) Any requirement in these regulations for a manifest to accompany a hazardous waste shipment is satisfied when a copy of an electronic manifest is accessible during transportation and forwarded to the person or persons who are scheduled to receive delivery of the waste shipment.

(4) Any requirement in these regulations for an owner or operator to keep or retain a copy of each manifest is satisfied by the retention of the facility's electronic manifest copies in its account on the national e-Manifest system, provided that such copies are readily available for viewing and production if requested by any EPA or authorized state inspector.

(5) No owner or operator may be held liable for the inability to produce an electronic manifest for inspection under this section if the owner or operator can demonstrate that the inability to produce the electronic manifest is due exclusively to a technical difficulty with the national electronic manifest system for which the owner or operator bears no responsibility.

(g) An owner or operator may participate in the national electronic manifest system either by accessing the national electronic manifest system from the owner's or operator's electronic equipment, or by accessing the national electronic manifest system from portable equipment brought to the owner's or operator's site by the transporter who delivers the waste shipment to the facility.

(h) Special procedures applicable to replacement manifests. If a facility receives hazardous waste that is accompanied by a paper replacement manifest for a manifest that was originated electronically, the following procedures apply to the delivery of the hazardous waste by the final transporter:

(1) Upon delivery of the hazardous waste to the designated facility, the owner or operator must sign and date each copy of the paper replacement manifest by hand in Item 20 (Designated Facility Certification of Receipt) and note any discrepancies in Item 18 (Discrepancy Indication Space) of the paper replacement manifest, (2) The owner or operator of the facility must give back to the final transporter one copy of the paper replacement manifest, (3) Within 30 days of delivery of the waste to the designated facility, the owner or operator of the facility must send one signed and dated copy of the paper replacement manifest to the generator, and send an additional signed and dated copy of the paper replacement manifest to the national electronic manifest system, and (4) The owner or operator of the facility must retain at the facility one copy of the paper replacement manifest for at least three years from the date of delivery.

(i) Special procedures applicable to electronic signature methods undergoing tests. If an owner or operator using an electronic manifest signs this manifest electronically using an electronic signature method which is undergoing pilot or demonstration tests aimed at demonstrating the practicality or legal dependability of the signature method, then the owner or operator shall also sign with an ink signature the facility's certification of receipt or discrepancies on the printed copy of the manifest provided by the transporter. Upon executing its ink signature on this printed copy, the owner or operator shall retain this original copy among its records for at least 3 years from the date of delivery of the waste.

(j) Imposition of user fee for electronic manifest use. An owner or operator who is a user of the national electronic manifest format may be assessed a user fee by EPA for the origination or processing of each electronic manifest. An owner or operator may also be assessed a user fee by EPA for the collection and processing of paper manifest copies that owners or operators must submit to the electronic manifest system operator under § 264.71(a)(2)(v). EPA shall maintain and update from time-to-time the current schedule of electronic manifest system user fees, which shall be determined based on current and projected system costs and level of use of the national electronic manifest system. The current schedule of electronic manifest user fees shall be published as an appendix to 40 CFR Part 262.

(k) Electronic manifest signatures. Electronic manifest signatures shall meet the criteria described in 40 CFR § 262.25.

§ 264.72 Manifest Discrepancies.

(a) Manifest discrepancies are:

(1) Significant differences (as defined by paragraph (b) of this section) between the quantity or type of hazardous waste designated on the manifest or shipping paper, and the quantity and type of hazardous waste a facility actually receives;

(2) Rejected wastes, which may be a full or partial shipment of hazardous waste that the TSDF cannot accept; or (3) Container residues, which are residues that exceed the quantity limits for “empty” containers set forth in § 261.7(b) of these regulations.

(b) Significant differences in quantity are: For bulk waste, variations greater than 10 percent in weight; for batch waste, any variation in piece count, such as a discrepancy of one drum in a truckload. Significant differences 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.

(c) Upon discovering a significant difference in quantity or type, the owner or operator must attempt to reconcile the discrepancy with the waste generator or transporter (e.g., with telephone conversations). If the discrepancy is not resolved within 15 days after receiving the waste, the owner or operator must immediately submit to the Department a letter describing the discrepancy and attempts to reconcile it, and a copy of the manifest or shipping paper at issue.

(d) (1) Upon rejecting waste or identifying a container residue that exceeds the quantity limits for “empty” containers set forth in § 261.7(b) of these regulations, the facility must consult with the generator prior to forwarding the waste to another facility that can manage the waste. If it is impossible to locate an alternative facility that can receive the waste, the facility may return the rejected waste or residue to the generator. The facility must send the waste to the alternative facility or to the generator within 60 days of the rejection or the container residue identification.

(2) While the facility is making arrangements for forwarding rejected wastes or residues to another facility under this section, it must ensure that either the delivering transporter retains custody of the waste, or, the facility must provide for secure, temporary custody of the waste, pending delivery of the waste to the first transporter designated on the manifest prepared under paragraph (e) or (f) of this section.

(e) Except as provided in paragraph (e)(7) of this section, for full or partial load rejections and residues that are to be sent off-site to an alternate facility, the facility is required to prepare a new manifest in accordance with § 262.20(a) of these regulations and the following instructions:

(1) Write the generator's U.S. EPA ID number in Item 1 of the new manifest. Write the generator's name and mailing address in Item 5 of the new manifest. If the mailing address is different from the generator's site address, then write the generator's site address in the designated space for Item 5.

(2) Write the name of the alternate designated facility and the facility's U.S. EPA ID number in the designated facility block (Item 8) of the new manifest.

(3) Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional Information Block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment.

(4) Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in the Discrepancy Block of the old manifest (Item 18a).

(5) Write the DOT description for the rejected load or the residue in Item 9 (U.S. DOT Description) of the new manifest and write the container types, quantity, and volume(s) of waste.

(6) Sign the Generator's/Offeror's Certification to certify, as the offeror of the shipment, that the waste has been properly packaged, marked and labeled and is in proper condition for transportation, and mail a signed copy of the manifest to the generator identified in Item 5 of the new manifest.

(7) For full load rejections that are made while the transporter remains present at the facility, the facility may forward the rejected shipment to the alternate facility by completing Item 18b of the original manifest and supplying the information on the next destination facility in the Alternate Facility space. The facility must retain a copy of this manifest for its records, and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility must use a new manifest and comply with paragraphs (e)(1), (2), (3), (4), (5), and (6) of this section.

(f) Except as provided in paragraph (f)(7) of this section, for rejected wastes and residues that must be sent back to the generator, the facility is required to prepare a new manifest in accordance with § 262.20(a) of these regulations and the following instructions:

(1) Write the facility's U.S. EPA ID number in Item 1 of the new manifest. Write the facility’s name and mailing address in Item 5 of the new manifest. If the mailing address is different from the facility’s site address, then write the facility’s site address in the designated space for Item 5 of the new manifest.

(2) Write the name of the initial generator and the generator's U.S. EPA ID number in the designated facility block (Item 8) of the new manifest.

(3) Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional Information Block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment.

(4) Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in the Discrepancy Block of the old manifest (Item 18a).

(5) Write the DOT description for the rejected load or the residue in Item 9 (U.S. DOT Description) of the new manifest and write the container types, quantity, and volume(s) of waste.

(6) Sign the Generator's/Offeror's Certification to certify, as offeror of the shipment, that the waste has been properly packaged, marked and labeled and is in proper condition for transportation.

(7) For full load rejections that are made while the transporter remains at the facility, the facility may return the shipment to the generator with the original manifest by completing Item 18a and 18b of the manifest and supplying the generator's information in the Alternate Facility space. The facility must retain a copy for its records and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility must use a new manifest and comply with paragraphs (f)(1), (2), (3), (4), (5), (6) and (8) of this section.

(8) For full or partial load rejections and container residues contained in non-empty containers that are returned to the generator, the facility must also comply with the exception reporting requirements in § 262.42(a).

(g) If a facility rejects a waste or identifies a container residue that exceeds the quantity limits for “empty” containers set forth in § 261.7(b) of these regulations after it has signed, dated, and returned a copy of the manifest to the delivering transporter or to the generator, the facility must amend its copy of the manifest to indicate the rejected wastes or residues in the discrepancy space of the amended manifest. The facility must also copy the manifest tracking number from Item 4 of the new manifest to the Discrepancy space of the amended manifest, and must re-sign and date the manifest to certify to the information as amended. The facility must retain the amended manifest for at least three years from the date of amendment, and must within 30 days, send a copy of the amended manifest to the transporter and generator that received copies prior to their being amended.

§ 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 for five years unless noted as follows:

(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 of this part. This information must be maintained in the operating record until closure of the facility;

(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. This information must be maintained in the operating record until closure of the facility; (Comment: See § 261.119 for related requirements.)

(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.

(4) Summary reports and details of all incidents that require implementing the contingency plan as specified in § 264.56(j);

(5) Records and results of inspections as required by § 264.15(d) (except these data need be kept only three years);

(6) Monitoring, testing or analytical data, and corrective action where required by Subpart F of this part and § § 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. Maintain in the operating record for five years, except for records and results pertaining to ground- water monitoring and cleanup which must be maintained in the operating record until closure of the facility.

(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. This information must be maintained in the operating record until closure of the facility.

(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.

(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). This information must be maintained in the operating record until closure of the facility.

(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;

(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;

(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.

(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.

(17) Any records required under § 264 .1(j)(13) of these regulations.

(18) Monitoring, testing or analytical data where required by § 264.346(e) of these regulations.

(19) Certifications as required by § 264.196(f) of these regulations must be maintained in the operating record until closure of the facility.

§ 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 complete and submit EPA Form 8700-13 A/B to the Department by March 1 of the following even numbered year and must cover activities during the previous year. § 264.76 Unmanifested Waste Report.

(a) 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 by § 263.20(e) of these regulations, and if the waste is not excluded from the manifest requirement by this section, then the owner or operator must prepare and submit a letter to the Department within 15 days after receiving the waste. The unmanifested waste report must contain the following information:

(1) The EPA identification number, name, and address of the facility;

(2) The date the facility received the waste;

(3) The EPA identification number, name, and address of the generator and the transporter, if available;

(4) A description and the quantity of each unmanifested hazardous waste the facility received;

(5) The method of treatment, storage, or disposal for each hazardous waste;

(6) The certification signed by the owner or operator of the facility or his/her authorized representative; and (7) A brief explanation of why the waste was unmanifested, if known.

(b) [Reserved] § 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:

(a) Releases, fires, and explosions as specified in § 264.56(j);

(b) Facility closures specified in § 264.115;

(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) 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.

(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) The owner or operator is exempted under § 264.1; or (2) The owner or operator operates a unit which the Department finds:

(i) Is an engineered structure, (ii) Does not receive or contain liquid waste or waste containing free liquids, (iii) Is designed and operated to exclude liquid, precipitation, and other run-on and run-off, (iv) Has both inner and outer layers of containment enclosing the waste, (v) Has a leak detection system built into each containment layer.

(vi) The owner or operator will provide continuing operation and maintenance of these leak detection systems during the active life of the unit and the closure and post-closure care periods, and (vii) To a reasonable degree of certainty, will not allow hazardous constituents to migrate beyond the outer layer of the containment prior to the end of the post- closure care period.

(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.

(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) Do not apply if all waste, waste residues, contaminated containment system components, and contaminated subsoils are removed or decontaminated at closure;

(2) Apply during the post-closure care period under § 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 § §

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 the Department 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) 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) 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);

(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);

(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) Potential adverse effects on ground-water quality, considering:

(i) The physical and chemical characteristics of the waste in the regulated unit, including its potential for migration;

(ii) The hydrogeological characteristics of the facility and surrounding land;

(iii) The quantity of ground water and the direction of ground-water flow;

(iv) The proximity and withdrawal rates of ground-water users;

(v) The current and future uses of ground-water in the area;

(vi) The existing quality of ground water, including other sources of contamination and their cumulative impact on the ground-water quality;

(vii) The potential for health risks caused by human exposure to waste constituents;

(viii) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents;

(ix) The persistence and permanence of the potential adverse effects; and (2) Potential adverse effects on hydraulically-connected surface water quality, considering;

(i) The volume and physical and chemical characteristics of the waste in the regulated unit;

(ii) The hydrogeological characteristics of the facility and surrounding land;

(iii) The quantity and quality of ground water, and the direction of ground-water flow;

(iv) The patterns of rainfall in the region;

(v) The proximity of the regulated unit to surface waters;

(vi) The current and future uses of surface waters in the area and any water quality standards established for those surface waters;

(vii) The existing quality of surface water, including other sources of contamination and the cumulative impact on surface water quality, (viii) The potential for health risks caused by human exposure to waste constituents;

(ix) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and (x) The persistence and permanence of the potential adverse effects.

(c) In making any determination under paragraph (b) of this section about the use of ground water in the area around the facility, the 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) 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.

Table 1 - Maximum Concentration of Constituents for Ground-water Protection Constituent 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-hexachloro-1,7-epoxy-1,4,4a,5,6,7,8,9a-octahydro-1, 4- 0.0002 endo, endo-5,8-dimethano naphthalene)

Lindane (1,2,3,4,5,6-hexachlorocyclohexane, gamma isomer) 0.004 Methoxychlor (1,1,1-Trichloro-2,2-bis (p-methoxyphenylethane) 0.1 Toxaphene (C l0 H 10 Cl 6 , Technical chlorinated camphene, 67-69 percent 0.005 chlorine)

2,4-D (2,4-Dichlorophenoxyacetic acid) 0.1 2,4,5-TP Silvex (2,4,5-Trichlorophenoxypropionic acid) 0.01 1 Milligrams 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) Potential adverse effects on ground-water quality considering:

(i) The physical and chemical characteristics of the waste in the regulated unit, including its potential for migration;

(ii) The hydrogeological characteristics of the facility and surrounding land;

(iii) The quantity of ground water and the direction of ground-water flow, (iv) The proximity and withdrawal rates of ground water users;

(v) The current and future uses of ground water in the area;

(vi) The existing quality of ground water, including other sources of contamination and their cumulative impact on the ground-water quality;

(vii) The potential for health risks caused by human exposure to waste constituents;

(viii) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents;

(ix) The persistence and permanence of the potential adverse effects; and (2) Potential adverse effects on hydraulically-connected surface-water quality, considering:

(i) The volume and physical and chemical characteristics of the waste in the regulated unit;

(ii) The hydrogeological characteristics of the facility and surrounding land;

(iii) The quantity and quality of ground water, and the direction of ground-water flow, (iv) The patterns of rainfall in the region;

(v) The proximity of the regulated unit to surface waters;

(vi) The current and future uses of surface waters in the area and any water quality standards established for those surface waters;

(vii) The existing quality of surface water, including other sources of contamination and the cumulative impact on surface-water quality, (viii) The potential for health risks caused by human exposure to waste constituents;

(ix) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and (x) The persistence and permanence of the potential adverse effects.

(c) In making any determination under paragraph (b) of this section about the use of ground water in the area around the facility the 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) The waste management area includes horizontal space taken up by any liner, dike, or other barrier designed to contain waste in a regulated unit.

(2) If the facility contains more than one regulated unit, the waste management area is described by an imaginary line circumscribing the several regulated units. § 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:

(a) The ground-water monitoring system must consist of a sufficient number of wells, installed at appropriate locations and depths to yield ground-water samples from the uppermost aquifer that:

(1) Represent the quality of background water that has not been affected by leakage from a regulated unit;

(i) A determination of background quality may include sampling of wells that are not hydraulically upgradient of the waste management area where:

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.

(3) Allow for the detection of contamination when hazardous waste or hazardous constituents have migrated from the waste management area to the uppermost aquifer.

(b) If a facility contains more than one regulated unit, separate ground-water monitoring systems are not required for each regulated unit provided that provisions for sampling the ground water in the uppermost aquifer will enable detection and measurement at the compliance point of hazardous constituents from the regulated units that have entered the ground water in the uppermost aquifer.

(c) All monitoring wells must be cased in a manner that maintains the integrity of the monitoring-well bore hole. This casing must be screened or perforated and packed with gravel or sand, where necessary, to enable collection of ground-water samples. The annular space (i.e., the space between the bore hole and well casing) above the sampling depth must be sealed to prevent contamination of samples and the ground water.

(d) The ground-water monitoring program must include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide a reliable indication of ground-water quality below the waste management area. At a minimum the program must include procedures and techniques for:

(1) Sample collection;

(2) Sample preservation and shipment;

(3) Analytical procedures; and (4) Chain of custody control.

(e) The ground-water monitoring program must include sampling and analytical methods that are appropriate for ground-water sampling and that accurately measure hazardous constituents in ground-water samples.

(f) The ground-water monitoring program must include a determination of the ground-water surface elevation each time ground water is sampled.

(g) In detection monitoring or where appropriate in compliance monitoring, data on each hazardous constituent specified in the permit will be collected from background wells and wells at the compliance point(s). The number and kinds of samples collected to establish background shall be appropriate for the form of statistical test employed, following generally accepted statistical principles. The sample size shall be as large as necessary to ensure with reasonable confidence that a contaminant release to ground water from a facility will be detected. The owner or operator will determine an appropriate sampling procedure and interval for each hazardous constituent listed in the facility permit which shall be specified in the unit permit upon approval by the Department. This sampling procedure shall be:

(1) A sequence of at least four samples, taken at an interval that assures, to the greatest extent technically feasible, that an independent sample is 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.

(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.

(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.

(1) A parametric analysis of variance (ANOVA) followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method must include estimation and testing of the contrasts between each compliance well's mean and the background mean levels for each constituent.

(2) An analysis of variance (ANOVA) based on ranks followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method must include estimation and testing of the contrasts between each compliance well's median and the background median levels for each constituent.

(3) A tolerance or prediction interval procedure in which an interval for each constituent is established from the distribution of the background data, and the level of each constituent in each compliance well is compared to the upper tolerance or prediction limit.

(4) A control chart approach that gives control limits for each constituent.

(5) Another statistical test method submitted by the owner or operator and approved by the Department.

(i) Any statistical method chosen under § 264.97(h) for specification in the unit permit shall comply with the following performance standards, as appropriate:

(1) The statistical method used to evaluate ground-water monitoring data shall be appropriate for the distribution of chemical parameters or hazardous constituents. If the distribution of the chemical parameters or hazardous constituents is shown by the owner or operator to be inappropriate for a normal theory test, then the data 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.

(2) If an individual well comparison procedure is used to compare an individual compliance well constituent concentration with background constituent concentrations or a ground- water protection standard, the test shall be done at a Type I error level no less than 0.01 for each testing period. If a multiple comparisons procedure is used, the Type I experimentwise error rate for each testing period shall be no less than 0.05; however, the Type I error of no less than 0.01 for individual well comparisons must be maintained. This performance standard does not apply to tolerance intervals, prediction intervals or control charts.

(3) If a control chart approach is used to evaluate 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.

(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.

(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.

(6) If necessary, the statistical method shall include procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data.

(j) Ground-water monitoring data collected in accordance with paragraph (g) of this section including actual levels of constituents must be maintained in the facility operating record. The 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:

(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) The types, quantities, and concentrations of constituents in wastes managed at the regulated unit;

(2) The mobility, stability, and persistence of waste constituents or their reaction products in the unsaturated zone beneath the waste management area;

(3) The detectability of indicator parameters, waste constituents, and reaction products in ground water; and (4) The concentrations or values and coefficients of variation of proposed monitoring parameters or constituents in the ground-water background.

(b) The owner or operator must install a ground-water monitoring system at the compliance point as specified under § 264.95. The ground-water monitoring system must comply with § 264.97(a)(2),(b), and (c).

(c) The owner or operator must conduct a ground-water monitoring program for each chemical parameter and hazardous constituent specified in the permit pursuant to paragraph (a) of this section in accordance with § 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)(1),(b), and (c).

(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 conditions under paragraph (a) of this section in accordance with § 264.97(g).

(e) The owner or operator must determine the ground water flow rate and direction in the uppermost aquifer at least annually.

(f) The owner or operator must determine whether there is statistically significant evidence of contamination for any chemical parameter of hazardous constituent specified in the permit pursuant to paragraph (a) of this section at a frequency specified under paragraph (d) of this section.

(1) In determining whether statistically significant evidence of contamination exists, the owner or operator must use the method(s) specified in the permit under § 264.97(h). These method(s) must compare data collected at the compliance point(s) to the background ground-water quality data.

(2) The owner or operator must determine whether there is statistically significant evidence of contamination at each monitoring well 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.

(g) If the owner or operator determines pursuant to paragraph (f) of this section that there is statistically significant evidence of contamination for chemical parameters or hazardous constituents specified pursuant to paragraph (a) of this section at any monitoring well at the compliance point, he or she must:

(1) Notify the 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;

(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. However, the Department, on a discretionary basis, may allow sampling for a site-specific subset of constituents from the Appendix IX list of Part 264 and other representative/related waste constituents.

(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 or at an alternative site-specific schedule approved by the Department 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 in paragraph (g)(2) of this section, the hazardous constituents found during this initial Appendix IX analysis will form the basis for compliance monitoring.

(4) Within 90 days submit to the 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:

(i) An identification of the concentration of any Appendix IX constituent detected in the ground water at each monitoring well at the compliance point;

(ii) Any proposed changes to the ground-water monitoring system at the facility necessary to meet the requirements of § 264.99;

(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;

(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:

(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:

1. (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.

(6) If the owner or operator determines, pursuant to paragraph (f) of this section, that there is a statistically significant difference for chemical parameters or hazardous constituents specified pursuant to paragraph (a) of this section at any monitoring well at the compliance point, he or she may demonstrate that a source other than a regulated unit caused the contamination or that the detection is an artifact caused by an error in sampling, analysis, or statistical evaluation or natural variation in the ground water. The owner/operator may make a demonstration under this paragraph in addition to, or in lieu of, submitting a permit modification application under paragraph (g)(4) of this section; however, the owner or operator is not relieved of the requirement to submit a permit modification application within the time specified in paragraph (g)(4) of this section unless the demonstration made under this paragraph successfully shows that a source other than a regulated unit caused the increase, or that the increase resulted from error in sampling, analysis, or evaluation. In making a demonstration under this paragraph, the owner or operator must:

(i) Notify the 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;

(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.

(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:

(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) A list of the hazardous constituents identified under § 264.93;

(2) Concentration limits under § 264.94 for each of these hazardous constituents;

(3) The compliance point under § 264.95; and (4) The compliance period under § 264.96.

(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).

(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).

(1) The owner or operator must conduct a sampling program for each chemical parameter or hazardous constituent in accordance with § 264.97(g).

(2) The owner or operator must record ground-water analytical data as measured and in form necessary for the determination of statistical significance under § 264.97(h) for the compliance period of the facility.

(3) The owner or operator must:

(i) Comply with § 264.97(g) in developing the data base used to determine background values;

(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)(1), (b), and (c).

(d) The owner or operator must determine whether there is statistically significant evidence of increased contamination for any chemical parameter or hazardous constituent specified in the permit, pursuant to paragraph (a) of this section, at a frequency specified under paragraph (f) under this section.

(1) In determining whether statistically significant evidence of increased contamination exists, the owner or operator must use the method(s) specified in the permit under § 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.

(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.

(e) The owner or operator must determine the ground-water flow rate and direction in the uppermost aquifer at least annually.

(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).

(g) Annually, the owner or operator must determine whether additional hazardous constituents from Appendix IX of this part, which could possibly be present but are not on the detection monitoring list in the permit, are actually present in the uppermost aquifer and, if so, at what concentration, pursuant to procedures in § 264.98(f). To accomplish this, the owner or operator must consult with the Department to determine on a case-by-case basis: which sample collection event during the year will involve enhanced sampling; the number of monitoring wells at the compliance point to undergo enhanced sampling; the number of samples to be collected from each of these monitoring wells; and, the specific constituents from Appendix IX of this part for which these samples must be analyzed. If the enhanced sampling event indicates that Appendix IX constituents are present in the ground water that are not already identified in the permit as monitoring constituents, the owner or operator may resample within one month or at an alternative site-specific schedule approved by the Department, and repeat the 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.

(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:

(1) Notify the Department of this finding in writing within seven days. The notification must indicate what concentration limits have been exceeded.

(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 (g)(5). The application must at a minimum include the following information:

(i) A detailed description of corrective actions that will achieve compliance with the ground-water protection standard specified in the permit under paragraph (a) of this section; and (ii) A plan for a ground-water monitoring program that will demonstrate the effectiveness of the corrective action. Such a ground-water monitoring program may be based on a compliance monitoring program developed to meet the requirements of this section.

(i) If the owner or operator determines, pursuant to paragraph (d) of this section, that the ground- water concentration limits under this section are being exceeded at any monitoring well at the point of compliance, he or she may demonstrate that a source other than a regulated unit caused the contamination or that the detection is an artifact caused by an error in sampling, analysis, or statistical evaluation or natural variation in the ground water. In making a demonstration under this paragraph, the owner or operator must:

(1) Notify the Department in writing within seven days that he/she intends to make a demonstration under this paragraph;

(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;

(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.

(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:

(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) A list of the hazardous constituents identified under § 264.93;

(2) Concentration limits under § 264.94 for each of those hazardous constituents;

(3) The compliance point under § 264.95; and (4) The compliance period under § 264.96.

(b) The owner or operator must implement a corrective action program that prevents hazardous constituents from exceeding their respective concentration limits at the compliance point by removing the hazardous waste constituents or treating them in place. The permit will specify the specific actions that will be taken.

(c) The owner or operator must begin corrective action within a reasonable time period after the ground-water protection standard is exceeded. The 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).

(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.

(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 § 264.93 that exceed concentration limits under § 264.94 in ground water:

(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.

(3) Corrective action measures under this paragraph must be initiated and completed within a reasonable period of time considering the extent of contamination.

(4) Corrective action measures under this paragraph may be terminated once the concentration of hazardous constituents under § 264.93 is reduced to levels below their respective concentration limits under § 264.94.

(f) The owner or operator must continue corrective action measures during the compliance period to the extent necessary to ensure that the ground-water protection standard is not exceeded. If the owner or operator is conducting corrective action at the end of the compliance period, he/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.

(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.

(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) 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:

(a) Sections 264.111 through 264.115 (which concern closure) apply to the owners and operators of all hazardous waste management facilities; and (b) Sections 264.116 through 264.120 (which concern post-closure care) apply to the owners and operators of:

(1) All hazardous waste disposal facilities;

(2) Waste piles, and surface impoundments from which the owner or operator intends to remove the wastes at closure, to the extent that these sections are made applicable to such facilities in § 264.228 or § 264.258;

(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.

(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:

(1) The regulated unit is situated among solid waste management units (or areas of concern), a release has occurred, and both the regulated unit and one or more solid waste management unit(s) (or areas of concern) are likely to have contributed to the release; and (2) It is not necessary to apply the closure requirements of this subpart (and those referenced herein) because the alternative requirements will protect human health and the environment and will satisfy the closure performance standard of § 264.111 (a) and (b).

§ 264.111 Closure Performance Standard.

The owner or operator must close the facility in a manner that:

(a) Minimizes the need for further maintenance; and (b) Controls, minimizes or eliminates, to the extent necessary to protect human health and the environment post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated run-off, or hazardous waste decomposition products to the ground or surface waters or to the atmosphere; and (c) Complies with the closure requirements of this subpart, including, but not limited to, the requirements of § § 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 264.351, 264.601 through 264.603, and 264.1102.

§ 264.112 Closure Plan; Amendment Of Plan.

(a) Written plan.

(1) The owner or operator of a hazardous waste management facility must have a written closure plan. In addition, certain surface impoundments and waste piles from which the owner or operator intends to remove or decontaminate the hazardous waste at partial or final closure are required by § § 264.228(c)(1)(i) and 264.258(c)(1)(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 the 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.

(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) A description of how each hazardous waste management unit at the facility will be closed in accordance with § 264.111;

(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.

(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 the 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) 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.

(2) The owner or operator must submit a written notification of or request for a permit modification to authorize a change in the approved closure plan whenever:

(i) Changes in operating plans or facility design affect the closure plan, or (ii) There is a change in the expected year of closure, if applicable, or (iii) in conducting partial or final closure activities, unexpected events require a modification of the approved closure plan.

(iv) the owner or operator requests the Director to apply alternative requirements to a regulated unit under § § 264.90(f), 264.110(c), and/or § 266.10(d).

(3) The owner or operator must submit a written request for a permit modification, including a copy of the amended closure plan, for approval at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the closure plan. If an unexpected event occurs during the partial or final closure period, the owner or operator must request a permit modification no later than 30 days after the unexpected event. An owner or operator of a surface impoundment or waste pile who intends to remove all hazardous waste at closure and is not otherwise required to prepare a contingent closure plan under § 264.228(c)(1)(i) or § 264.258(c)(1)(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 than 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.

(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) 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.

(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 the 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.

(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 final 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) (i) The activities required to comply with this paragraph will, of necessity, take longer than 90 days to complete; or (ii) (A) The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capacity to receive non- hazardous wastes if the owner or operator complies with paragraphs (d) and (e) of this section; and

1. (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) (i) The partial or final closure activities will, of necessity, take longer than 180 days to complete; or (ii) (A) The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capacity to receive non- hazardous wastes if the owner or operator complies with paragraphs (d) and (e) of this section; and

1. (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)(1) and (b)(1) of this section must be made as follows:

(1) The demonstrations in paragraph (a)(1) of this section must be made at least 30 days prior to the expiration of the 90 day period in paragraph (a) of this section; and (2) The demonstration in paragraph (b)(1) of this section must be made at least 30 days prior to the expiration of the 180-day period in paragraph (b) of this section, unless the owner or operator is otherwise subject to the deadlines in paragraph (d) of this section.

(d) The 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) 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:

(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)(1) 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) Submit with the request to modify the permit:

(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.

(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.

(4) If a release that is a statistically significant increase (or decrease in the case of pH) over background values for detection monitoring parameters or constituents specified in the permit or that exceeds the facility's ground-water protection standard at the point of compliance, if applicable, is detected in accordance with the requirements in Subpart F of this part, the owner or operator of the unit:

(i) Must implement corrective measures in accordance with the approved contingent corrective measures plan required by paragraph (e)(1) of this section no later than one year after detection of the release, or approval of the contingent corrective measures plan, whichever is later;

(ii) May continue to receive wastes at the unit following detection of the release only if the approved corrective measures plan includes a demonstration that continued receipt of wastes will not impede corrective action; and (iii) May be required by the 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.

(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.

(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.

(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:

(i) Notify the owner or operator in writing that the owner or operator must begin closure in accordance with the deadlines in paragraphs (a) and (b) of this section and provide a detailed statement of reasons for this determination, and (ii) Provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the decision no later than 20 days after the date of the notice.

(iii) If the 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.

(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 in 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, the owner or operator may become a generator of hazardous waste and must handle that waste in accordance with all applicable requirements of Part 262 of these regulations.

§ 264.115 Certification of Closure and Submission of Draft Environmental Covenant.

(a) 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 in accordance with the specifications in the approved closure plan. The certification must be signed by the owner or operator and by an independent registered professional engineer. Documentation supporting the independent registered professional engineer's certification must be furnished to the Department upon request until the Department releases the owner or operator from the financial assurance requirements for closure under § 266.14(l).

(b) No later than 30 days prior to completion of the final closure of a unit described in § 264.110(b), the owner or operator must submit to the Department, by registered mail, a proposed environmental covenant, together with such title information as the Department may request. § 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:

(a) 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; and (b) References the property’s environmental covenant.

§ 264.117 Post Closure Care and Use of Property.

(a) (1) Post closure care for each hazardous waste management unit subject to the requirements of '' § § 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:

(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 the post closure period after the date of completing closure when:

(1) Hazardous wastes may remain exposed after completion of partial or final closure; or (2) Access by the public or domestic livestock may pose a hazard to human health.

(c) Post closure use of property on or in which hazardous wastes remain after partial or final closure must never be allowed to disturb the integrity of the final cover, liner(s), or any other components of any containment system, or the function of the facility's monitoring systems, unless:

(1) The Department finds that the disturbance is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment, or is necessary to reduce a threat to human health or the environment; and (2) If applicable, the environmental covenant is modified or terminated accordingly.

(d) All post closure care activities must be in accordance with the provisions 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 plans. 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 the hazardous waste management unit must be closed as a landfill, subject to the requirements of § § 264.117 through 264.120. The plan must be submitted with the permit application, in accordance with § 100.41(a)(13) of these regulations, and approved by the Department as part of the permit issuance procedures under Part 100 of these regulations. In accordance with § 100.43 of these regulations, the approved post closure plan will 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) 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;

(2) A description of the planned maintenance activities, and frequencies at which they will be performed, to ensure:

(i) The integrity of the cap and final cover or other containment systems in accordance with the requirements of Subparts F, K, L, M, N, and X of this part; and (ii) The function of the facility monitoring equipment in accordance with the requirements of Subparts F, K, L, M, N, and X of this part;

(3) The name, address, and phone number of the person or office to contact about the hazardous waste disposal unit or facility during the post closure care period;

(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 the alternative requirements that apply to the regulated unit, or a reference to the enforceable document containing those requirements; and (5) A draft environmental covenant, including proposed environmental use restrictions.

(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) must keep the approved post closure plan during the remainder of the post closure period.

(d) Amendment of plan. The owner or operator must submit a written notification of or request for a permit modification to authorize a change in the approved post closure plan in accordance with the applicable requirements 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) 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.

(2) The owner or operator must submit a written notification of or request for a permit modification to authorize a change in the approved post closure plan whenever:

(i) Changes in operating plans or facility design affect the approved post closure plan, or (ii) There is a change in the expected year of final closure, if applicable, or (iii) Events which occur during the active life of the facility, including partial and final closures, affect the approved post closure plan.

(iv) The owner or operator requests the Director to apply alternative requirements to a regulated unit under § § 264.90(f), 264.110(c), and/or § 266.10(d).

(3) The owner or operator must submit a written request for a permit modification at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the post closure plan. An owner or operator of a surface impoundment or waste pile that intends to remove all hazardous waste at closure and is not otherwise required to submit a contingent post closure plan under § § 264.228(c)(1)(ii) and 264.258(c)(1)(ii) must submit a post closure plan to the Department no later than 90 days after the date that the 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 condition.

(4) The Department may request modifications to the 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 no later than 90 days if the unit is a surface impoundment or waste pile not previously required to prepare a contingent post closure plan. Any modifications requested by the Department will be approved, disapproved, or modified in accordance with the procedures in Part 100. § 264.119 Post Closure Notices.

(a) No later than 60 days after certification of closure of each hazardous waste disposal unit, the owner or operator must submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the 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 must 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 the first hazardous waste disposal unit and within 60 days of certification of closure of the last hazardous waste disposal unit, the owner or operator must:

(1) Record an environmental covenant as required in accordance with C.R.S. § § 25-15-317 et seq. The covenant shall contain:

(i) a statement that the land has been used to manage hazardous wastes;

(ii) appropriate environmental use restrictions, as defined in § 25-15-101(4.7), C.R.S.; and (iii) a notation that 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) have 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 the notation specified in paragraph (b)(1) of this section, including a copy of the document in which the notation has been placed, to the 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 requirements in Part 100, or in accordance with the provisions of the enforceable document, if one is used in lieu of a post-closure permit. The owner or operator must demonstrate that the removal of hazardous wastes will satisfy the criteria of § 264.117(c). The owner or operator must further comply with the modification and termination provisions of any environmental covenant. 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 he/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) The removal of the notation on the deed to the facility property or other instrument normally examined during title search;

(2) The addition of a notation to the deed or instrument indicating the removal of the hazardous waste; or (3) Modification or termination of the environmental covenant, as appropriate. § 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 the post closure care period for the hazardous waste disposal unit was performed in accordance with the specifications in the approved post closure plan. The certification must be signed by the owner or operator and an independent registered professional engineer. Documentation supporting the independent registered professional engineer's certification must be furnished to the Department upon request until the Department releases the owner or operator from the financial assurance requirements for post closure care under § 266.14(l).

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 hazardous waste in containers, except as § 264.1 provides otherwise. [Comment: Under § 261.7 and § 261.33(c) of these regulations, 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.

(a) At least weekly, the owner or operator must inspect areas where containers are stored. The owner or operator must look for leaking containers and for deterioration of containers and the containment system caused by corrosion or other factors. See §§ 264.15(c) and 264.171 for remedial action required if deterioration or leaks are detected.] (b) Problems identified during the inspection shall be remedied in accordance with § 264.15(c) of these regulations.

§ 264.175 Containment.

(a) Container storage areas must have a containment system that is designed and operated in accordance with paragraph (b) of this section, except as otherwise provided by paragraph (c) of this section.

(b) A containment system must be designed and operated as follows:

(1) A base must underly the containers which is free of cracks or gaps and is sufficiently impervious to contain leaks, spills, and accumulated precipitation until the collected material is detected and removed;

(2) The base must be sloped or the containment system must be otherwise designed and operated to drain and remove liquids resulting from leaks, spills, or precipitation, unless the containers are elevated or are otherwise protected from contact with accumulated liquids;

(3) The containment system must have sufficient capacity to contain 10% of the volume of containers or the volume of the largest container, whichever is greater. Containers that do not contain free liquids need not be considered in this determination;

(4) Run-on into the containment system must be prevented unless the collection system has sufficient excess capacity in addition to that required in paragraph (b)(3) of this section to contain any run-on which might enter the system; and (5) Spilled or leaked waste and accumulated precipitation must be removed from the sump or collection area in as timely a manner as is necessary to prevent overflow of the collection system.

(c) Storage areas that store containers holding only wastes that do not contain free liquids need not have a containment system defined by paragraph (b) of this section, except as provided by paragraph (d) of this section or provided that:

(1) The storage area is sloped or is otherwise designed and operated to drain and remove liquid resulting from precipitation, or (2) The containers are elevated or are otherwise protected from contact with accumulated liquid.

(d) Storage areas that store containers holding the wastes listed below that do not contain free liquids must have a containment system defined by paragraph (b) of this section:

(1) F020, F021, F022, F023, F026, and F027.

(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.

§ 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. *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.

§ 264.179 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.

(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 9095B (Paint Filter Liquids Test) as described in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW 846, as incorporated by reference in § 260.11 of these regulations.

(b) Tank systems, including sumps, as defined in § 260.10, that serve as part of a secondary containment system to collect or contain releases of hazardous wastes are exempted from the requirements in § 264.193(a).

(c) 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 requirements for ancillary equipment rather than the requirements for tanks.

(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 and is fit for use. Except as provided in paragraph (c) of this section, the owner or operator must obtain and keep on file at the facility a written assessment reviewed and certified by an independent, qualified registered professional engineer, in accordance with § 100.12(d), that attests to the tank system's integrity by January 12, 1988.

(b) This assessment must determine that the tank system is adequately designed and has sufficient structural strength and compatibility with the waste(s) to be stored or treated, to ensure that it will not collapse, rupture, or fail. At a minimum, this assessment must consider the following:

(1) Design standard(s), if available, according to which the tank and ancillary equipment were constructed;

(2) Hazardous characteristics of the waste(s) that have been and will be handled;

(3) Existing corrosion protection measures;

(4) Documented age of the tank system, if available (otherwise, an estimate of the age); and (5) Results of a leak test, internal inspection, or other tank integrity examination such that:

(i) For non-enterable underground tanks, the assessment must include a leak test that is capable of taking into account the effects of temperature variations, tank end deflection, vapor pockets, and high water table effects, and (ii) For other than non-enterable underground tanks and for ancillary equipment, this assessment must include either a leak test, as described above, or other integrity examination, that is certified by an independent, qualified, registered professional engineer, in accordance with § 100.12(d), that addresses cracks, leaks, corrosion, and erosion.

1. [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) Design standard(s) according to which tank(s) and/or the ancillary equipment are constructed;

(2) Hazardous characteristics of the waste(s) to be handled;

(3) For new tank systems or components in which the external shell of a metal tank or any external metal component of the tank system will be in contact with the soil or with water, a determination by a corrosion expert of:

(i) Factors affecting the potential for corrosion, including but not limited to:

1. (A) Soil moisture content;
   1. (B) Soil pH;
      1. (C) Soil sulfides level;
      2. (D) Soil resistivity;
      3. (E) Structure to soil potential;
      4. (F) Influence of nearby underground metal structures (e.g., piping);
      5. (G) Existence of stray electric current;
      6. (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:

1. (A) Corrosion-resistant materials of construction such as special alloys, fiberglass reinforced plastic, etc.;
   1. (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” , and the American Petroleum Institute (API) Publication 1632, “Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems” , may be used, where applicable, as guidelines in providing corrosion protection for tank systems.]

(4) For underground tank system components that are likely to be adversely affected by vehicular traffic a determination of design or operational measures that will protect the tank system against potential damage; and (5) Design considerations to ensure that:

(i) Tank foundations will maintain the load of a full tank;

(ii) Tank systems will be anchored to prevent flotation or 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) Weld breaks;

(2) Punctures;

(3) Scrapes of protective coatings;

(4) Cracks;

(5) Corrosion;

(6) Other structural damage or inadequate construction/installation. All discrepancies must be remedied before the tank system is covered, enclosed, or placed in use.

(c) New tank systems or components that are placed underground and that are backfilled must be provided with a backfill material that is a noncorrosive, porous, homogeneous substance and that is installed so that the backfill is placed completely around the tank and compacted to ensure that the tank and piping are fully and uniformly supported.

(d) All new tanks and ancillary equipment must be tested for tightness prior to being covered, enclosed, or placed in use. If a tank system is found not to be tight, all repairs necessary to remedy the leak(s) in the system must be performed prior to the tank system being covered, enclosed, or placed into use.

(e) Ancillary equipment must be supported and protected against physical damage and excessive stress due to settlement, vibration, expansion, or contraction. [NOTE - The piping system installation procedures described in American Petroleum Institute (API) Publication 1615 (November 1979), “Installation of Underground Petroleum Storage Systems” , or ANSI Standard B31.3, “Petroleum Refinery Piping” , and ANSI Standard B31.4 “Liquid Petroleum Transportation Piping System” , may be used, where applicable, as guidelines for proper installation of piping systems.] (f) The owner or operator must provide the type and degree of corrosion protection recommended by an independent corrosion expert, based on the information provided under paragraph (a)(3) of this section, or other corrosion protection if the 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) ln order to prevent the release of hazardous waste or hazardous constituents to the environment, secondary containment that meets the requirements of this section must be provided (except as provided in paragraphs (f) and (g) of this section):

(1) For all new and existing tank systems or components, prior to their being put into service;

(2) For tank systems that store or treat materials that become hazardous wastes, within two years of the hazardous waste listing, or when the tank system has reached 15 years of age, whichever comes later.

(b) Secondary containment systems must be:

(1) Designed, installed, and operated to prevent any migration of wastes or accumulated liquid out of the system to the soil, ground water, or surface water at any time during the use of the tank system; and (2) Capable of detecting and collecting releases and accumulated liquids until the collected material is removed.

(c) To meet the requirements of paragraph (b) of this section, secondary containment systems must be at a minimum:

(1) Constructed of or lined with materials that are compatible with the 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).

(2) Placed on a foundation or base capable of providing support to the secondary containment system, resistance to pressure gradients above and below the system, and capable of preventing failure due to settlement, compression, or uplift;

(3) Provided with a leak-detection system that is designed and operated so that it will detect the failure of either the primary or secondary containment structure or the presence of any release of hazardous waste or accumulated liquid in the secondary containment system within 24 hours, or at the earliest practicable time if the owner or operator can demonstrate to the 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) A liner (external to the tank);

(2) A vault;

(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) External liner systems must be:

(i) Designed or operated to contain 100 percent of the capacity of the largest tank within its boundary;

(ii) Designed or operated to prevent run-on or infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity to contain run-on or infiltration. Such additional capacity must be sufficient to contain precipitation from a 25-year, 24-hour rainfall event.

(iii) Free of cracks or gaps; and (iv) Designed and installed to surround the tank completely and to cover all surrounding earth likely to come into contact with the waste if the waste is released from the tank(s) (i.e. capable of preventing lateral as well as vertical migration of the waste).

(2) Vault systems must be:

(i) Designed or operated to contain 100 percent of the capacity of the largest tank within its boundary, (ii) Designed or operated to prevent run-on or infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity to contain run-on or infiltration. Such additional capacity must be sufficient to contain precipitation from a 25-year, 24 hour rainfall event;

(iii) Constructed with chemical-resistant water stops in place in all joints (if any);

(iv) Provided with an impermeable interior coating or lining that is compatible with the stored waste and that will prevent migration of waste into the concrete;

(v) Provided with a means to protect against the formation of and ignition of vapors within the vault, if the waste being stored or treated:

1. (A) Meets the definition of ignitable waste under § 261.21 of these regulations; or (B) Meets the definition of reactive waste under § 261.23 of these regulations, and may form an ignitable or explosive vapor;

(vi) Provided with an exterior moisture barrier or be otherwise designed or operated to prevent migration of moisture into the vault if the vault is subject to hydraulic pressure.

(3) Double-walled tanks must be:

(i) Designed as an integral structure (i.e., an inner tank completely enveloped within an outer shell) so that any release from the inner tank is contained by the outer shell.

(ii) Protected, if constructed of metal, from both corrosion of the primary tank interior and 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.

1. [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) Aboveground piping (exclusive of flanges, joints, valves, and other connections) that are visually inspected for leaks on a daily basis;

(2) Welded flanges, welded joints, and welded connections, that are visually inspected for leaks on a daily basis;

(3) Sealless or magnetic coupling pumps and sealless valves, that are visually inspected for leaks on a daily basis; and (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) In deciding whether to grant a variance based on a demonstration of equivalent protection of ground water and surface water, the Department will consider:

(i) The nature and quantity of the wastes;

(ii) The proposed alternate design and operation;

(iii) The hydrogeologic setting of the facility, including the thickness of soils present between the tank system and ground water, and (iv) All other factors that would influence the quality and mobility of the hazardous constituents and the potential for them to migrate to ground water or surface water.

(2) In deciding whether to grant a variance based on a demonstration of no substantial present or potential hazard, the Department will consider:

(i) The potential adverse effects on ground water, surface water, and land quality taking into account:

1. (A) The physical and chemical characteristics of the waste in the tank system, including its potential for migration.
   1. (B) The hydrogeological characteristics of the facility and surrounding land, (C) The potential for health risks caused by human exposure to waste constituents, (D) The potential for damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents, and (E) The persistence and permanence of the potential adverse effects;

(ii) The potential adverse effects of a release on ground water quality, taking into account:

1. (A) The quantity and quality of ground water and the direction of ground water flow.
   1. (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:

1. (A) The quantity and quality of ground water and the direction of ground water flow, (B) The patterns of rainfall in the region, (C) The proximity of the tank system to surface waters, (D) The current and future uses of surface waters in the area and any water quality standards established for those surface waters, and (E) The existing quality of surface water, including other sources of contamination and the cumulative impact on surface water quality; and

(iv) The potential adverse effects of a release on the land surrounding the tank system, taking into account:

1. (A) The patterns of rainfall in the region, and (B) The current and future uses of the surrounding land.

(3) The owner or operator of a tank system, for which a variance from secondary containment had been granted in accordance with the requirements of paragraph (g)(1) of this section, at which a release of hazardous waste has occurred from the primary tank system but has not migrated beyond the zone of engineering control (as established in the variance), must:

(i) Comply with the requirements of § 264.196, except paragraph (d), and (ii) Decontaminate or remove contaminated soil to the extent necessary to:

1. (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).

(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)(1) of this section, at which a release of hazardous waste has occurred from the primary tank system and has migrated beyond the zone of engineering control (as established in the variance), must:

(i) Comply with the requirements of § 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) 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:

(i) For existing tank systems, at least 24 months prior to the date that secondary containment must be provided in accordance with paragraph (a) of this section.

(ii) For new tank systems, at least 30 days prior to entering into a contract for installation.

(2) As part of the notification, the owner or operator must also submit to the 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)(1) or (g)(2) of this section;

(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) For non-enterable underground tanks, 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.

(2) For other than non-enterable underground tanks, the owner or operator must either conduct a leak test as in paragraph (i)(1) of this section or develop a schedule and procedure for an assessment of the overall condition of the tank system by an independent, qualified registered professional engineer. The schedule and procedure must be adequate to detect obvious cracks, 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.

(3) For ancillary equipment, a leak test or other integrity assessment as approved by the Department must be conducted at least annually.

[NOTE - The practices described in the American Petroleum Institute (API) Publication Guide for Inspection of Refinery Equipment, Chapter XIII, “Atmospheric and Low Pressure Storage Tanks” , 4th edition, 1981, may be used where applicable, as guidelines for assessing the overall condition of the tank system.] (4) The owner or operator must maintain on file at the facility a record of the results of the assessments conducted in accordance with paragraphs (i)(1) through (i)(3) of this section.

(5) If a tank system or component is found to be leaking or unfit for use as a result of the leak test or assessment in paragraphs (i)(1) through (i)(3) of this section, the owner or operator must comply with the requirements of § 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) Spill prevention controls (e.g., check valves, dry disconnect couplings);

(2) Overfill prevention controls (e.g., level sensing devices, high level alarms, automatic feed cutoff, or bypass to a standby tank); and (3) Maintenance of sufficient freeboard in uncovered tanks to prevent overtopping by wave or wind action or by precipitation.

(c) The owner or operator must comply with the requirements of § 264.196 if a leak or spill occurs in the tank system.

§ 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 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.

(c) In addition, except as noted under paragraph (d) of this section, the owner or operator must inspect at least once each operating day:

(1) Above ground portions of the tank system, if any, to detect corrosion or releases of waste.

(2) The construction materials and the area immediately surrounding the externally accessible portion of the tank system, including the secondary containment system (e.g., dikes) to detect erosion or signs of releases of hazardous waste (e.g., wet spots, dead vegetation).

1. (Note: For purposes of this section, “each operating day” is defined as “every day the tank is in operation (i.e., storing or treating hazardous waste) and not necessarily just on days the facility is open for business.” )

(d) Owners or operators of tank systems that either use leak detection systems to alert facility personnel to leaks, or implement established workplace practices to ensure leaks are promptly identified, must inspect at least weekly those areas described in paragraphs (c)(1) and (c)(2) of this section. Use of the alternate inspection schedule must be documented in the facility’s operating record. This documentation must include a description of the established workplace practices at the facility.

(e) (Reserved)

(f) Ancillary equipment that is not provided with secondary containment, as described in § 264.193(f)(1) through (4), must be inspected at least once each operating day.

(g) The owner or operator must inspect cathodic protection systems, if present, according to, at a minimum, the following schedule to ensure that they are functioning properly:

(1) The proper operation of the cathodic protection system must be confirmed within six months after initial installation and annually thereafter, and (2) All sources of impressed current must: be inspected and/or tested as appropriate, at least bimonthly (i.e., every other month).

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.)

(h) 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:

(a) Cessation of Use; prevent flow or addition of wastes. The owner or operator must immediately stop the flow of hazardous waste into the tank system or secondary containment system and inspect the system to determine the cause of the release.

(b) Removal of waste from tank system or secondary containment system.

(1) If the release was from the tank system, the owner/operator must, within 24 hours after detection of the leak or, if the owner/operator demonstrates that it is not possible, at the earliest practicable time, remove as much of the waste as is necessary to prevent further release of hazardous waste to the environment and to allow inspection and repair of the tank system to be performed.

(2) If the material released was to a secondary containment system all released materials must be removed within 24 hours or in as timely a manner as is possible to prevent harm to human health and the environment.

(c) Containment of visible releases to the environment . The owner/operator must immediately conduct a visual inspection of the release and based upon that inspection:

(1) Prevent further migration of the leak or spill to soils or surface water; and (2) Remove, and properly dispose of, any visible contamination of the soil or surface water.

(d) Notifications, reports.

(1) Any release to the environment, except as provided in paragraph (d)(2) of this section, must be reported to the 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.

(2) A leak or spill of hazardous waste is exempted from the requirements of this paragraph if it is:

(i) Less than or equal to a quantity of one (1) pound, and (ii) Immediately contained and cleaned-up.

(3) Within 30 days of detection of a release to the environment, a report containing the following information must be submitted to the Department:

(i) Likely route of migration of the release;

(ii) Characteristics of the surrounding soil (soil composition, geology, hydrogeology, climate);

(iii) Results of any monitoring or sampling conducted in connection with the release (if available). If sampling or monitoring data relating to the release are not available within 30 days, these data must be submitted to the Department as soon as they become available.

(iv) Proximity to downgradient drinking water, surface water, and populated areas; and (v) Description of response actions taken or planned.

(e) Provision Of Secondary Containment, Repair, or Closure.

(1) Unless the owner/operator satisfies the requirements of paragraphs (e)(2) through (4) of this section, the tank system must be closed in accordance with § 264.197.

(2) If the cause of the release was a spill that has not damaged the integrity of the system, the owner/operator may return the system to service as soon as the released waste is removed and repairs, if necessary, are made.

(3) If the cause of the release was a leak from the primary lank system into the secondary containment system, the system must be repaired prior to returning the tank system to service.

(4) If the source of the release was a leak to the environment from a component of a tank system without secondary containment, the owner/operator must provide the component of the system from which the leak occurred with secondary containment that satisfies the requirements of § 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.

(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 § 264.193(g), then:

(1) The closure plan for the tank system must include both a plan for complying with paragraph (a) of this section and a contingent plan for complying with paragraph (b) of this section.

(2) A contingent post-closure plan for complying with paragraph (b) of this section must be prepared and submitted as part of the permit application.

(3) The cost estimates calculated for closure and post-closure care must reflect the costs of complying with the contingent closure plan and the contingent post-closure plan, if those costs are greater than the costs of complying with the closure plan prepared for the expected closure under paragraph (a) of this section.

(4) Financial assurance must be based on the cost estimates in paragraph (c)(3) of this section.

(5) For the purposes of the contingent closure and post-closure plans, such a tank system is considered to be a landfill, and the contingent plans must meet all of the closure, post- closure, and financial responsibility requirements for landfills under 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) The waste is treated, rendered, or mixed before or immediately after placement in the tank system so that:

(i) The resulting waste, mixture, or dissolved material no longer meets the definition of ignitable or reactive waste under § § 261.21 or 261.23 of these regulations, and (ii) Section 264.17(b) is complied with;

(2) The waste is stored or treated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react; or (3) The tank system is used solely for emergencies.

(b) The owner or operator of a facility where ignitable or reactive waste is stored or treated in a tank must comply with the requirements for the maintenance of protective distances between the waste management area and any public ways, streets, alleys, or an adjoining property line that can be built upon as required in Tables 2-1 through 2-6 of the National Fire Protection Association's “Flammable and Combustible Liquids Code” , (1977 or 1981), (incorporated by reference, see § 260.11).

§ 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)(1). For impoundments that will be closed in accordance with § 264.228(a)(2), the liner must be constructed of materials that can prevent wastes from migrating into the liner during the active life of the facility. The liner must be:

(1) Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation;

(2) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift; and (3) Installed to cover all surrounding earth likely to be in contact with the waste or leachate.

(b) The owner or operator will be exempted from the requirements of paragraph (a) of 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) The nature and quantity of the wastes;

(2)

The proposed alternate design and operation;

(3) The hydrogeologic setting of the facility, including the attenuative capacity and thickness of the liners and soils present between the impoundment and ground water or surface water, and (4) All other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to ground water or surface water.

(c) The owner or operator of each new surface impoundment 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 § 260.10 of these regulations under “existing facility” .

(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)(1), (2), and (3) of this section.

(2) The leachate collection and removal system between the liners, and immediately above the bottom composite liner in the case of multiple leachate collection and removal systems, is also a leak detection system. This leak detection system must be capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest practicable time through all areas of the top liner likely to be exposed to waste or leachate during the active life and post-closure care period. The requirements for a leak detection system in this paragraph are satisfied by installation of a system that is, at a minimum:

(i) Constructed with a bottom slope of one percent or more;

(ii) Constructed of granular drainage materials with a hydraulic conductivity of 1 x 10 -1 cm/sec or more and a thickness of 12 inches (30.5 cm) or more; or constructed of synthetic or geonet drainage materials with a transmissivity of 3 x 10- 4 m 2 /sec or more;

(iii) Constructed of materials that are chemically resistant to the waste managed in the surface impoundment and the leachate expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes and any waste cover materials or equipment used at the surface impoundment;

(iv) Designed and operated to minimize clogging during the active life and post- closure care period; and (v) Constructed with sumps and liquid removal methods (e.g., pumps) of sufficient size to collect and remove liquids from the sump and prevent liquids from backing up into the drainage layer. Each unit must have its own sump(s). The design of each sump and removal system must provide a method for measuring and recording the volume of liquids present in the sump and of liquids removed.

(3) The owner or operator shall collect and remove pumpable liquids in the sumps to minimize the head on the bottom liner.

(4) The owner or operator of a leak detection system that is not located completely above the seasonal high water table must demonstrate that the operation of the leak detection system will not be adversely affected by the presence of ground water.

(d) The 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) 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) 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) (i) (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) The existing unit was constructed in compliance with the design standards of sections 3004(o)(1)(A)(i) and (o)(5) of the Resource Conservation and Recovery Act [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 all 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) Notify the Department in writing of the exceedence within 7 days of the determination;

(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;

(3) Determine to the extent practicable the location, size, and cause of any leak;

(4) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;

(5) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and (6) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the 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) (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) Synthetic liners and covers must be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters; and (2) Soil-based and admixed liners and covers must be inspected for imperfections including lenses, cracks, channels, root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.

(b) While a surface impoundment is in operation, it must be inspected weekly and after storms to detect evidence of any of the following:

(1) Deterioration, malfunctions, or improper operation of overtopping control systems;

(2) Sudden drops in the level of the impoundment's contents; and (3) Severe erosion or other signs of deterioration in dikes or other containment devices.

(c) Prior to the issuance of a permit, and after any extended period of time (at least six months) during which the impoundment was not in service, the owner or operator must obtain a certification from a qualified engineer that the impoundment's dike, including that portion of any dike which provides freeboard, has structural integrity. The certification must establish, in particular, that the dike:

(1) Will withstand the stress of the pressure exerted by the types and amounts of wastes to be placed in the impoundment; and (2) Will not fail due to scouring or piping, without dependence on any liner system included in the surface impoundment construction.

(d) (1) An owner or operator required to have a leak detection system under § 264.221(c) or (d) must record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.

(2) After the 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.

(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) The level of liquids in the impoundment suddenly drops and the drop is not known to be caused by changes in the flows into or out of the impoundment; or (2) The dike leaks.

(b) When a surface impoundment must be removed from service as required by paragraph (a) of this section, the owner or operator must;

(1) Immediately shut off the flow or stop the addition of wastes into the impoundment;

(2) Immediately contain any surface leakage which has occurred or is occurring;

(3) Immediately stop the leak;

(4) Take any other necessary steps to stop or prevent catastrophic failure;

(5) If a leak cannot be stopped by any other means, empty the impoundment; and (6) Notify the 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) If the impoundment was removed from service as the result of actual or imminent dike failure, the dike's structural integrity must be recertified in accordance with § 264.226(c).

(2) If the impoundment was removed from service as the result of a sudden drop in the liquid level, then;

(i) For any existing portion of the impoundment, a liner must be installed in compliance with § 264.221(a); and (ii) For any other portion of the impoundment, the repaired liner system must be certified by a qualified engineer as meeting the design specifications approved in the permit.

(e) A surface impoundment that has been removed from service in accordance with the requirements of this section and that is not being 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) 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) (i) Eliminate free liquids by removing liquid wastes or solidifying the remaining wastes and waste residues;

(ii) Stabilize remaining wastes to a bearing capacity sufficient to support final cover; and (iii) Cover the surface impoundment with a final cover designed and constructed to;

1. (A) Provide long-term minimization of the migration of liquids through the closed impoundment;
   1. (B) Function with minimum maintenance;
      1. (C) Promote drainage and minimize erosion or abrasion of the final cover;
      2. (D) Accommodate settling and subsidence so that the cover's integrity is maintained; and (E) Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.

(b) If some waste residues or contaminated materials are left in place at final closure, the owner or operator must comply with all post-closure requirements contained in § § 264.117 through 264.120, including maintenance and monitoring throughout the post-closure care period (specified in the permit under § 264.117). The owner or operator must:

(1) Maintain the integrity and effectiveness of the final cover, including making repairs to the cap as necessary to correct the effects of settling, subsidence, erosion, or other events;

(2) Maintain and monitor the leak detection system in accordance with § § 264.221(c)(2)(iv) and (3) and 264.226(d), and comply with all other applicable leak detection system requirements of this part;

(3) Maintain and monitor the ground-water monitoring system and comply with all other applicable requirements of Subpart F of this part; and (4) Prevent run-on and run-off from eroding or otherwise damaging the final cover.

(c) (1) If an owner or operator plans to close a surface impoundment in accordance with paragraph (a)(1) 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:

(i) The closure plan for the impoundment under § 264.112 must include both a plan for complying with paragraph (a)(1) 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 §

1. 264.118 for complying with paragraph (b) of this section in case not all
   1. contaminated subsoils can be practicably removed at closure.

(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)(1) 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:

(a) The waste is treated, rendered, or mixed before or immediately after placement in the impoundment so that:

(1) The resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under § 261.21 or § 261.23 of 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) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;

(2) The attenuative properties of underlying and surrounding soils or other materials;

(3) The mobilizing properties of other materials co-disposed with these wastes; and (4) The effectiveness of additional treatment, design, or monitoring techniques.

(b) The 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 facilities that store or treat hazardous waste in piles, except as § 264.1 provides otherwise.

(b) The regulations in this subpart do not apply to owners or operators 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) Liquids or materials containing free liquids are not placed in the pile;

(2) The pile is protected from surface water run-on by the structure or in some other manner, (3) The pile is designed and operated to control dispersal of the waste by wind, where necessary, by means other than wetting; and (4) The pile will not generate leachate through decomposition or other reactions. § 264.251 Design and Operating Requirements.

(a) A waste pile (except for an existing portion of a waste pile) must have:

(1) A liner that is designed, constructed, and installed to prevent any migration of wastes out of the pile into the adjacent subsurface soil or ground water or surface water at any time during the active life (including the closure period) of the waste pile. The liner may be constructed of materials that may allow waste to migrate into the liner itself (but not into the adjacent subsurface soil or ground water or surface water) during the active life of the facility. The liner must be:

(i) Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation;

(ii) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift; and (iii) Installed to cover all surrounding earth likely to be in contact with the waste or leachate; and (2) A leachate collection and removal system immediately above the liner that is designed, constructed, maintained, and operated to collect and remove leachate from the pile. The 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:

(i) Constructed of materials that are:

1. (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) The nature and quantity of the wastes;

(2) The proposed alternate design and operation;

(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, each lateral expansion of a waste pile unit, and each replacement of an existing waste pile unit must install two or more liners and a leachate collection and removal system above and between such liners.

(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)(1)(i), (ii), and (iii) of this section.

(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.

(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:

(i) Constructed with a bottom slope of one percent or more;

(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 m 2 /sec or more:

(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;

(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.

(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.

(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) 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) The existing unit was constructed in compliance with the design standards of section. 3004(o)(1)(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 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) Notify the Department in writing of the exceedence within 7 days of the determination;

(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;

(3) Determine to the extent practicable the location, size, and cause of any leak;

(4) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;

(5) Determine any other short-term and long-term actions to be taken to mitigate or stop any leaks; and (6) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the 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)(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) Synthetic liners and covers must be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters; and (2) Soil-based and admixed liners and covers must be inspected for imperfections including lenses, cracks, channels, root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.

(b) While a waste pile is in operation, it must be inspected weekly and after storms to detect evidence of any of the following:

(1) Deterioration, malfunctions, or improper operation of run-on and run-off control systems;

(2) Proper functioning of wind dispersal control systems, where present; and (3) The presence of leachate in and proper functioning of leachate collection and removal systems, where present.

(c) An owner or operator required to have a leak detection system under § 264.251(c) must record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.

§ 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:

(a) The waste is treated, rendered, or mixed before or immediately after placement in the pile so that:

(1) The resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under § 261.21 or § 261.23 of 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) The owner or operator of a waste pile that does not comply with the liner requirements of § 264.251(a)(1) and is not exempt from them in accordance with § 264.250(c) or § 264.251(b), must:

(i) Include in the closure plan for the pile under § 264.112 both a plan for complying with paragraph (a) of this section and a contingent plan for complying with paragraph (b) of this section in case not all contaminated subsoils can be practicably removed at closure; and (ii) 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.

(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) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;

(2) The attenuative properties of underlying and surrounding soils or other materials;

(3) The mobilizing properties of other materials co-disposed with these wastes; and (4) The effectiveness of additional treatment, design, or monitoring techniques.

(b) The 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) The wastes that are capable of being treated at the unit based on a demonstration under § 264.272;

(2) Design measures and operating practices necessary to maximize the success of degradation, transformation, and immobilization processes in the treatment zone in accordance with § 264.273(a); and (3) Unsaturated zone monitoring provisions meeting the requirements of § 264.278.

(b) The 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) 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) Accurately simulate the characteristics and operating conditions for the proposed land treatment unit including:

(i) The characteristics of the waste (including the presence of Appendix VIII of Part 261 of these regulations constituents);

(ii) The climate in the area;

(iii) The topography of the surrounding area;

(iv) The characteristics of the soil in the treatment zone (including depth); and (v) The operating practices to be used at the unit.

(2) Be likely to show that hazardous constituents in the waste to be tested will be completely degraded, transformed, or immobilized in the treatment zone of the proposed land treatment unit; and (3) Be conducted in a manner that protects human health and the environment considering:

(i) The characteristics of the waste to be tested;

(ii) The operating and monitoring measures taken during the course of the test;

(iii) The duration of the test;

(iv) The volume of waste used in the test;

(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.

(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) The rate and method of waste application to the treatment zone;

(2) Measures to control soil pH;

(3) Measures to enhance microbial or chemical reactions (e.g., fertilization, tilling); and (4) Measures to control the moisture content of the treatment zone.

(b) The owner or operator must design, construct, operate, and maintain the treatment zone to minimize run-off of hazardous constituents during the active life of the land treatment unit.

(c) The owner or operator must design, construct, operate, and maintain a run-on control system capable of preventing flow onto the treatment zone during peak discharge from at least a 100- year storm.

(d) The owner or operator must design, construct, operate, and maintain a run off management system to collect and control at least the water volume resulting from a 24 hour, 100 year storm.

(e) Collection and holding facilities (e.g., tanks or basins) associated with run on and run off control systems must be emptied or otherwise managed expeditiously after storms to maintain the design capacity of the system.

(f) If the treatment zone contains particulate matter which may be subject to wind dispersal, the owner or operator must manage the unit to control wind dispersal.

(g) The owner or operator must inspect the unit weekly and after storms to detect evidence of:

(1) Deterioration, malfunctions, or 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. If, pursuant to this section, the Department determines that any restrictions on cultivation of food-chain crops are necessary, an environmental covenant must be created and recorded.

(a) (1) The owner or operator must demonstrate that there is no substantial risk to human health caused by the growth of such crops in or on the treatment zone by demonstrating, prior to the planting of such crops, that hazardous constituents other than cadmium;

(i) Will not be transferred to the food or feed portions of the crop by plant uptake or direct contact, and will not otherwise be ingested by food chain animals (e.g., by grazing); or (ii) Will not occur in greater concentrations in or on the food or feed portions of crops grown on the treatment zone than in or on identical portions of the same crops grown on untreated soils under similar conditions in the same region.

(2) The owner or operator must make the demonstration required under this paragraph prior to the planting of crops at the facility for all constituents identified in Appendix VIII of Part 261 of these regulations that are reasonably expected to be in, or derived from, waste placed in or on the treatment zone.

(3) In making a demonstration under this paragraph, the owner or operator may use field tests, greenhouse studies, available data, or, in the case of existing units, operating data, and must:

(i) Base the demonstration on conditions similar to those present in the treatment zone, including soil characteristics (e.g., pH, cation exchange capacity), specific wastes, application rates, application methods, and crops to be grown; and (ii) Describe the procedures used in conducting any tests, including the sample selection criteria, sample size, analytical methods, and statistical procedures.

(4) If the owner or operator intends to conduct field tests or greenhouse studies in order to make the demonstration required under this paragraph, he/she must obtain a permit for conducting such activities.

(b) The owner or operator must comply with the following conditions if cadmium is contained in wastes applied to the treatment zone:

(1) (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;

(ii) The annual application of cadmium from waste must not exceed 0.5 kilograms per hectare (kg/ha) on land used for production of tobacco, leafy vegetables, or root crops grown for human consumption. For other food chain crops, the annual cadmium application rate must not exceed:

Time period Annual Cd application rate (kilograms per hectare) Present to June 30, 1984 2.0 July 1, 1984 to December 31, 1986 1.25 Beginning January 1, 1987 0.5 (iii) The cumulative application of cadmium from 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/100g; 10 kg/ha if soil CEC is 5 15 meq/100g; and 20 kg/ha if soil CEC is greater than 15 meq/100g; or (2) (i) Animal feed must be the only food chain crop produced;

(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;

(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) An environmental covenant must be created and recorded in accordance with § 25-15-317, C.R.S. The covenant must state that the property has received waste at high cadmium application rates and must prohibit cultivation of food-chain crops except in accordance 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:

(a) The owner or operator must monitor the soil and soil pore liquid to determine whether hazardous constituents migrate out of the treatment zone.

(1) The 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).

(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.

(b) The owner or operator must install an unsaturated zone monitoring system that includes soil monitoring using soil cores and soil-pore liquid monitoring using devices such as lysimeters. The unsaturated zone monitoring system must consist of a sufficient number of sampling points at appropriate locations and depths to yield samples that:

(1) Represent the quality of background soil-pore liquid quality and the chemical make-up of soil that has not been affected by leakage from the treatment zone; and (2) Indicate the quality of soil-pore liquid and the chemical make-up of the soil below the treatment zone.

(c) The owner or operator must establish a background value for each hazardous constituent to be monitored under paragraph (a) of this section. The permit will specify the background values for each constituent or specify the procedures to be used to calculate the background values.

(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.

(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.

(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.

(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)(1) of this section.

(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.

(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:

(1) Sample collection;

(2) Sample preservation and shipment;

(3) Analytical procedures; and (4) Chain of custody control.

(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.

(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.

(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.

(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:

(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.

(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:

(1) Notify the Department of this finding in writing within seven days. The notification must indicate what constituents have shown statistically significant increases.

(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.

(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:

(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;

(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;

(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) Continue all operations (including pH control) necessary to maximize degradation, transformation, or immobilization of hazardous constituents within the treatment zone as required under § 264.273(a), except to the extent such measures are inconsistent with paragraph (a)(8) of this section.

(2) Continue all operations in the treatment zone to minimize run off of hazardous constituents as required under § 264.273(b);

(3) Maintain the run on control system required under § 264.273(c);

(4) Maintain the run off control system required under § 264.273(d);

(5) Control wind dispersal of hazardous waste if required under § 264.273(f);

(6) Continue to comply with any prohibitions or conditions concerning growth of food chain crops under § 264.276;

(7) Continue unsaturated zone monitoring in compliance with § 264.278, except that soil pore liquid monitoring may be terminated 90 days after the last application of waste to the treatment zone; and (8) Establish a vegetative cover on the portion of the facility being closed at such time that the cover will not substantially impede degradation, transformation, or immobilization of hazardous constituents in the treatment zone. The vegetative cover must be capable of maintaining growth without extensive maintenance.

(9) If the land treatment unit will require post-closure care as a land disposal facility, submit a draft environmental covenant (or proposed modifications to an existing environmental covenant) for the Department’s review and approval, and upon approval, record the approved covenant or modifications, as appropriate.

(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 qualified soil scientist, in lieu of an independent registered professional engineer, that the facility has been closed in accordance with the specifications in the approved closure plan.

(c) During the post closure care period the owner or operator must:

(1) Continue all operations (including pH control) necessary to enhance degradation and transformation and sustain immobilization of hazardous constituents in the treatment zone to the extent that such measures are consistent with other post closure activities;

(2) Maintain a vegetative cover over closed portions of the facility;

(3) Maintain the run on control system required under § 264.273(c);

(4) Maintain the run off management system required under § 264.273(d);

(5) Control wind dispersal of hazardous waste if required under § 264.273(f);

(6) Continue to comply with any prohibitions or conditions concerning growth of food chain crops under § 264.276; 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) 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).

(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.

(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.

(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.

(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:

(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:

(a) The waste is immediately incorporated into the soil so that:

(1) The resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under § 261.21 or § 261.23 of 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.

§ 264 283 Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and F027.

(a) Hazardous Wastes F020, F021, F022, F023, 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) 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 alternative properties of underlying and surrounding soils or other materials;

(3) The mobilizing properties of other materials co-disposed with these wastes; and (4) The effectiveness of additional treatment, design, or monitoring techniques.

(b) The 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) A liner that is designed, constructed, and installed to prevent any migration of wastes out of the landfill to the adjacent subsurface soil or ground water or surface water at anytime during the active life (including the closure period) of the landfill. The liner must be constructed of materials that prevent wastes from passing into the liner during the active life of the facility. The liner must be:

(i) Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation;

(ii) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift; and (iii) Installed to cover all surrounding earth likely to be in contact with the waste or leachate; and (2) A leachate collection and removal system immediately above the liner that is designed, constructed, maintained, and operated to collect and remove leachate from the landfill. The 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:

(i) Constructed of materials that are:

1. (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 clogging 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) The nature and quantity of the wastes;

(2) The proposed alternate design and operation;

(3) The hydrogeologic setting of the facility, including the attenuative capacity and thickness of the liners and soils present between the 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) (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)(1)(i), (ii), and (iii) of this section.

(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.

(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:

(i) Constructed with a bottom slope of one percent or more;

(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 m 2 /sec or more;

(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;

(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.

(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.

(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) 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) 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) (i) (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) The existing unit was constructed in compliance with the design standards of section 3004(o)(1)(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 all 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 clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).

(b) To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly or monthly flow rate from the monitoring data obtained under § 264.303(c), to an average daily flow rate (gallons per acre per day) for each sump. Unless the 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) Synthetic liners and covers must be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters; and (2) Soil-based and admixed liners and covers must be inspected for imperfections including lenses, cracks, channels, root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.

(b) While a landfill is in operation, it must be inspected weekly and after storms to detect evidence of any of the following:

(1) Deterioration, malfunctions, or improper operation of run-on and run-off control systems;

(2) Proper functioning of wind dispersal control systems, where present; and (3) The presence of leachate in and proper functioning of leachate collection and removal systems, where present.

(c) (1) An owner or operator required to have a leak detection system under § 264.301(c) or (d) must record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.

(2) After the final cover is installed, the amount of liquids removed from each leak detection system sump must be recorded at least monthly. If the liquid level in the sump stays below the pump operating level for two consecutive months, the amount of liquids in the sumps must be recorded at least quarterly. If the liquid level in the sump stays below the pump operating level for two consecutive quarters, the amount of liquids in the sumps must be recorded at least semi-annually. If at any time during the post-closure care period the pump operating level is exceeded at units on quarterly or semi-annual recording schedules, the owner or operator must return to monthly recording of amounts of liquids removed from each sump until the liquid level again stays below the pump operating level for two consecutive months.

(3) “Pump operating level” is a liquid level proposed by the owner or operator and approved by the 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) Notify the Department in writing of the exceedence within 7 days of the determination;

(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;

(3) Determine to the extent practicable the location, size, and cause of any leak;

(4) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;

(5) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and (6) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the 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) (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:

(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) Provide long-term minimization of migration of liquids through the closed landfill;

(2) Function with minimum maintenance;

(3) Promote drainage and minimize erosion or abrasion of the cover;

(4) Accommodate settling and subsidence so that the cover's integrity is maintained; and (5) Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.

(b) After 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) Maintain the integrity and effectiveness of the final cover, including making repairs to the cap as necessary to correct the effects of settling, subsidence, erosion, or other events;

(2) Continue to operate the leachate collection and removal system until leachate is no longer detected;

(3) Maintain and monitor the leak detection system in accordance with § § 264.301(c)(3)(iv) and (4) and 264.303(c), and comply with all other applicable leak detection system requirements of this part;

(4) Maintain and monitor the ground-water monitoring system and comply with all other applicable requirements of Subpart F of this Part;

(5) Prevent run-on and run-off from eroding or otherwise damaging the final cover; and (6) Protect and maintain surveyed benchmarks used in complying with § 264.309. § 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) 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 (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) To demonstrate the absence or presence of free liquids in either a containerized or a bulk waste, the following test must be used: Method 9095B (Paint Filter Liquids Test) as described in “Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods” EPA Publication SW 846, as incorporated by reference in § 260.11 of these regulations.

(c) Containers holding free liquids must not be placed in a landfill unless:

(1) All free-standing liquid: (i) has been removed by decanting, or other methods; (ii) has been mixed with sorbent or solidified so that free-standing liquid is no longer observed; or (iii) has been otherwise eliminated; or (2) The container is very small, such as an ampule; or (3) The container is designed to hold free liquids for use other than storage, such as a battery or capacitor; or (4) The container is a lab pack as defined in § 264.316 and is disposed of in accordance with § 264.316.

(d) Sorbents used to treat free liquids to be disposed of in landfills must be nonbiodegradable. Nonbiodegradable sorbents are: materials listed or described in paragraph (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) Nonbiodegradable sorbents.

(i) Inorganic minerals, other inorganic materials, and elemental carbon (e.g., aluminosilicates, clays, smectites, Fuller' s earth, bentonite, calcium bentonite, montmorillonite, calcined montmorillonite, kaolinite, micas (illite), vermiculites, zeolites; calcium carbonate (organic free limestone); oxides/hydroxides, alumina, lime, silica (sand), diatomaceous earth; perlite (volcanic glass); expanded volcanic rock; volcanic ash; cement kiln dust; fly ash; rice hull ash; activated charcoal/activated carbon); or (ii) High 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.

(2) Tests for nonbiodegradable sorbents.

(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.

(iii) The sorbent material is determined to be non-biodegradable under the Organization for Economic Cooperation and Development (OECD) test 301B: [CO 2 Evolution (Modified Sturm Test), July 1992].

(e) 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:

(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:

(a) Hazardous waste must be packaged in non-leaking inside containers. The inside containers must be of a design and constructed of a material that will not react dangerously with, be decomposed by, or be ignited by the contained waste. Inside containers must be tightly and securely sealed. The inside containers must be of the size and type specified in the Department of Transportation (DOT) hazardous materials regulations (49 CFR Parts 173, 178, and 179), if those regulations specify a particular inside container for the waste.

(b) The inside containers must be overpacked in an open head DOT-specification metal shipping container (49 CFR Parts 178 and 179) of no more than 416-liter (110 gallon) capacity and surrounded by, at a minimum, a sufficient quantity of sorbent material, determined to be nonbiodegradable in accordance with § 264.314(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.

(c) The sorbent material used must not be capable of reacting dangerously with, being decomposed by, or being ignited by the contents of the inside containers in accordance with § 264.17(b).

(d) Incompatible wastes, as defined in § 260.10 of these regulations, must not be placed in the same outside container.

(e) Reactive wastes, other than cyanide- or sulfide-bearing waste as defined in § 261.23(a)(5) of 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.

(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)(1) 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) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through the soil or to volatilize or escape into the atmosphere;

(2) The attenuative properties of underlying and surrounding soils or other materials;

(3) The mobilizing properties of other materials co-disposed with these wastes; and (4) The effectiveness of additional treatment, design, or monitoring requirements.

(b) The 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) 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), § 264.347 (regulation of residues) and the applicable requirements of subparts BB and CC of Parts 264 and 265 of these regulations.

(1) If the Department finds that the waste to be burned is:

(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)(1)(i), (b)(1)(ii), (b)(1)(iii), or (b)(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) 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;

(2) Gas recovered from hazardous or solid waste landfills when such gas is burned for energy recovery;

(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 very small quantity generators under § 262.13 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) 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 burns 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.

(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;
      1. (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;

(ii) Sample and analyze the hazardous waste and other feedstocks as necessary to comply with the requirements of this paragraph by using appropriate methods; 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.

(2) A hazardous waste meeting either of the following criteria is not processed solely for metal recovery:

(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.

(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 burns 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 (e)(3).

(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)(1) of this section, provided that:

1. (A)
   1. A waste listed in Appendix XI to § 264.348 of these regulations must contain recoverable levels of lead, a waste listed in Appendix XII to §
      1. 264.348 of these regulations must contain recoverable levels of nickel or
         1. 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
      2. (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)(1)(ii) of this section and records to document compliance with paragraph (e)(3) of this section shall be kept for at least three years.

(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:

1. (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, iridium, 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) Provide a one-time written notice to the Director indicating the following:

(i) The owner or operator claims exemption under this paragraph;

(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 contains economically significant amounts of the metals and that the treatment recovers economically significant amounts of precious metal; 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)(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 burn 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. The owner or operator must provide an analysis of the hazardous waste that quantifies the concentration of any constituent identified in Appendix VIII of Part 261 of this chapter that may reasonably be expected to be in the waste. Such constituents must be identified and quantified if present, at levels detectable by using appropriate analytical procedures. The Appendix VIII, Part 261 constituents excluded from this analysis must be identified and the basis for their exclusion explained. This analysis will be used to provide all information required by this subpart and § § 100.41(b)(5) and 100.28(c) of these regulations and to enable the permit writer to prescribe such permit conditions as necessary to protect human health and the environment. Such analysis must be included as a portion of the part B permit application, or, for facilities operating under the interim status standards of this subpart, as a portion of the trial burn plan that may be submitted before the part B application under provisions of § 100.28(g) of these regulations as well as any other analysis required by the permit authority in preparing the permit. 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 burn and post-trial burn 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) The pre-trial burn and post-trial burn MPHRAs must be completed in accordance with §

100.28 of these regulations and in accordance with procedures and methodologies

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 burn(s). The pre-trial burn MPHRA must be submitted with the permit application. The post-trial burn MPHRA must be completed and submitted following the trial burn.

(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.

(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.

(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).

(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.

(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.

(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)(1) of this section is achieved.

(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.

(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: where:

1. ALCR = Accumulated Lifetime Cancer Risk ALCR PCDD/F = Accumulated Lifetime Cancer Risk from all polychlorinated dibenzo-p-dioxins and dibenzofurans.
   1. ALCR PIC = 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); Calculated or measured dose of compound “i” for the MEI is determined from the predicted ambient concentration of “i” using dispersion modeling; 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: OR:

1. where:
   1. 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) 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 burn 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:

W in = Mass feed rate of one principal organic hazardous constituent (POHC) in the hazardous waste fired to the incinerator or boiler or industrial furnace; and W out = Mass emission rate of the same POHC present in stack gas prior to release to the atmosphere.

(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 burn 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.

(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.

(c) Carbon monoxide standard.

(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.

(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.

(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 burn or subsequent compliance test must not exceed 100 ppmv.

(d) Alternative carbon monoxide standard.

(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 paragraph (h) of this section for certain industrial furnaces.

(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.

(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 IX to § 264.348 of these regulations. CO and oxygen shall be continuously monitored in conformance with paragraph (c)(2) of this section.

(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) 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.

(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 IX to § 264.348 of these regulations.

(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.

(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:

(i) That a HC emission rate of 20 ppmv is not appropriate for application to the boiler or industrial furnace system and;

(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(a)(5)(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 (d) or (h) 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) 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.

(2) Owners and operators of all incinerators, boilers, or industrial furnaces must conduct 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:

(i) During the trial burn (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 § 264.347(e), 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.

(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 § 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;

(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 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) 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) 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.

(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.

(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.

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) Measured pollutant levels must be corrected for the amount of oxygen in the stack gas according to the formula:

Pc = Pm x 14/(E−Y)

Where:

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.

(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.

(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 . 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 listed in paragraph (b) of this section that is present in the hazardous waste at detectable levels by using appropriate analytical procedures.

(b) Tier I feed rate screening limits.

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) 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.

(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:

1. (A) An hourly rolling average as defined in § 264.346(f)(1)(ii);
   1. (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.

(2) Carcinogenic metals.

(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:

1. where:
   1. n = number of carcinogenic metals AFR = actual feed rate to the device for metal “i”
      1. 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.

(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.

(3) TESH.

(i) The terrain-adjusted effective stack height is determined according to the following equation:

1. TESH = Ha + H1−Tr (9)
   1. where:
      1. 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.

(ii) The stack height (Ha) may not exceed good engineering practice (GEP) as specified in 40 CFR 51.100(ii).

(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.

(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.

(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 IX or X to § 264.348 of these regulations shall be used.

(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 3 /second); and T = exhaust temperature (°K).

The stack with the lowest value of K is the worst-case stack.

(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.

(i) The device is located in a narrow valley less than one kilometer wide;

(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;

(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;

(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.

(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.

Emission rate 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) 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.

(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:

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.

(3) Implementation. The emission rate limits 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)(1)(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.

(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.

(5) Multiple stacks.

(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.

(ii) The worst-case stack is determined by procedures provided in paragraph (b)(6) of this section.

(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) 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.

(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.

(3) Carcinogenic metals.

(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:

1. n = number of carcinogenic compounds being evaluated in the risk assessment; j = type of carcinogenic compounds (i.e., metals, PCDD/F, and organic PICs); Predicted (or measured) Ambient Concentration of compound “i” at the MEI using dispersion modeling;
   1. Risk-Specific Dose (RSD) of compound “i” from Table V, (or Agency-accepted health based standard)

(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.

(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.

(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.

(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)(1)(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.

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) 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.

(2) The emission limits provided by paragraph (d) of this section must be determined as follows:

(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

1. (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) 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.

(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.

Dispersion modeling required under this section shall be conducted according to 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. However, on-site concentrations must be considered when a person resides on-site.

(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 (HCl) and Chlorine Gas (Cl ) Emissions.

(a) General.

The owner or operator must comply with the hydrogen chloride (HCl) and chlorine (Cl 2 ) controls provided by paragraphs (b), (c), or (e) of this section.

(b) Screening limits.

(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.

(2) Tier II emission rate screening limits. Emission rate screening limits for HCl and Cl 2 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 HCl and Cl 2 shall not exceed the levels specified.

(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.

(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 HCl or Cl 2 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.

(i) The worst-case stack is determined by procedures provided in § 264.344(b)(6).

(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.

(iii) Under Tier II, the total emissions of HCl and Cl 2 from all subject stacks shall not exceed the screening limit for the worst-case stack.

(c) Tier III site-specific risk assessments.

(1) General. Conformance with the Tier III controls must be demonstrated by emissions testing to determine the emission rate for HCl and Cl 2 , 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.

(2) Acceptable ambient levels. Appendix IV of this Subpart lists the reference air concentrations (RACs) for HCl (7 micrograms per cubic meter) and Cl 2 (0.4 micrograms per cubic meter).

(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 HCl or Cl 2 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 HCl and Cl 2 .

(d) Averaging periods.

The HCl and Cl 2 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) 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.

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 2 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.

Emissions testing for HCl and Cl 2 shall be conducted using the procedures described in Methods 0050 or 0051, EPA Publication SW-846, as incorporated by reference in § 260.11 of these regulations.

(g) Dispersion modeling.

Dispersion modeling shall be conducted according to the provisions of § 264.344(h).

(h) Enforcement.

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.

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) 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).

(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 burn results or alternative data included with Part B of a permit application under § 100.41(b)(5) of these regulations.

(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:

(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.

(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 burn plan;

(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.

(iv) For the remaining duration of the permit, the operating requirements must be those demonstrated, in a trial burn 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) 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.

(2) Organic emission standards.

(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;
   1. (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;
      1. (C) Appropriate controls of the hazardous waste firing system;
      2. (D) Allowable variation in incinerator, boiler and industrial furnace system design or operating procedures;
      3. (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;
      4. (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.

(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:

1. (A) When complying with the CO standard of § 264.342(c)(1), the permit limit is 100 ppmv;
   1. (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)(1), except as provided in § 264.342(h).
      1. (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.

(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.

(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:

1. (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;
   1. (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;
      1. (C) Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;
      2. (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.

(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:

1. (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;
   1. (B) Total feed rate of hazardous waste measured and specified as prescribed in paragraph (c)(6) of this section;
      1. (C) A sampling and metals analysis program for the hazardous waste, other fuels, and industrial furnace feedstocks;

(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:

1. (A) Maximum emission rate for each metal specified as the average emission rate during the trial burn;
   1. (B) Feed rate of total hazardous waste and pumpable hazardous waste, each measured and specified as prescribed in paragraph (c)(6) of this section;
      1. (C) Feed rate of each metal in the following feedstreams, measured and specified as prescribed in paragraphs (c)(6) of this section:
         1. (1) Total feed streams;
         2. (2) Total hazardous waste feed; and (3) Total pumpable hazardous waste feed;
      2. (D) Total feed rate of chlorine and chloride in total feed streams measured and specified as prescribed in paragraph (c)(6) of this section;
      3. (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;
      4. (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;
      5. (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;
      6. (H) Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;
      7. (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.

(iii) For conformance with an alternative implementation approach approved by the Director under § 264.344(f), the permit will specify the following operating requirements:

1. (A) Maximum emission rate for each metal specified as the average emission rate during the trial burn;
   1. (B) Feed rate of total hazardous waste and pumpable hazardous waste, each measured and specified as prescribed in paragraph (c)(6) of this section;
      1. (C) Feed rate of each metal in the following feedstreams, measured and specified as prescribed in paragraph (c)(6) of this section:
         1. (1) Total hazardous waste feed; and (2) Total pumpable hazardous waste feed;
      2. (D) Total feed rate of chlorine and chloride in total feedstreams measured and specified as prescribed in paragraph (c)(6) of this section;
      3. (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;
      4. (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;
      5. (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;
      6. (H) Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;
      7. (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.

(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)(1), the permit will specify the following operating requirements:

1. (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;
   1. (B) Feed rate of total hazardous waste measured and specified as prescribed in paragraph (c)(6) of this section;
      1. (C) A sampling and analysis program for total chlorine and chloride for the hazardous waste, other fuels, and industrial furnace feedstocks;

(ii) For conformance with the Tier II HCl and Cl 2 emission rate screening limits under § 264.345(b)(2) and the Tier III HCl and Cl 2 controls under § 264.345(c), the permit will specify the following operating requirements:

1. (A) Maximum emission rate for HCl and for Cl 2 specified as the average emission rate during the trial burn;
   1. (B) Feed rate of total hazardous waste measured and specified as prescribed in paragraph (c)(6) of this section;
      1. (C) Total feed rate of chlorine and chloride in total feed streams, measured and specified as prescribed in paragraph (c)(6) of this section;
      2. (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;
      3. (E) Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;
      4. (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 HCl and Cl 2 standards under § 264.345 are met.

(6) Measuring parameters and establishing limits based on trial burn data.

(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:

1. (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.
   1. (1) The limit for a parameter may be established and continuously monitored on an hourly rolling average basis defined as follows:
      1. (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.
         1. (ii) An hourly rolling average is the arithmetic mean of the 60 most recent 1-minute average values recorded by the continuous monitoring system.
         2. (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.

(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:

1. (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;
   1. (B) The continuous monitor shall meet the following specifications:
      1. (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.
         1. (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
      2. (C) The permit limit for the feed rate of each metal shall be established based on trial burn data as the average over all valid test runs of the highest hourly rolling average feed rate for each run.

(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.

(iv) Conduct of trial burn testing.

1. (A) If compliance with all applicable emissions standards of § § 264.342 through 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.
   1. (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.
      1. (C) Trial burn 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, HCl / Cl 2 , organic compounds) for which the parameter must be established as specified by this section.

(d) General requirements.

(1) Fugitive emissions. Fugitive emissions must be controlled by:

(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.

(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:

(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.

(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) The owner or operator must monitor and record the following, at a minimum, while burning hazardous waste:

(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;

(ii) If specified by the permit, carbon monoxide (CO), hydrocarbons (HC), and oxygen (O 2 ), HCl gas , and opacity on a continuous basis at a common point in the 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.

(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) All monitors shall record data in units corresponding to the permit limit unless otherwise specified in the permit.

(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) 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) This monitoring and inspection data must be recorded and the records must be placed in the operating record required by § 264.73 of these regulations and maintained in the operating record for five years.

(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) 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.

(2) Definitions.

(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.

(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.

(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.

(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.

(iii) The direct transfer of hazardous waste to an incinerator, boiler or industrial furnace shall be conducted so that it does not:

1. (A) Generate extreme heat or pressure, fire, explosion, or violent reaction;
   1. (B) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health;
      1. (C) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;
      2. (D) Damage the structural integrity of the container or direct transfer equipment containing the waste;
      3. (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.

(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.

(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:

1. (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.

(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:

(i) The containment requirements of § 264.175 of these regulations;

(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.

(5) Direct transfer equipment. Direct transfer equipment must meet the following requirements:

(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:

1. (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).

(ii) Requirements prior to meeting secondary containment requirements.

1. (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).
   1. (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:
      1. (1) Design standard(s), if available, according to which the direct transfer equipment was constructed;
         1. (2) Hazardous characteristics of the waste(s) that have been or will be handled;
         2. (3) Existing corrosion protection measures;
         3. (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.
      2. (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.

(iii) Inspections and recordkeeping.

1. (A) 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:
   1. (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;
      1. (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.
      2. (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:
      3. (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.

(iv) Design and installation of new ancillary equipment. Owners and operators must comply with the requirements of § 265.192 of these regulations.

(v) Response to leaks or spills. Owners and operators must comply with the requirements of § 265.196 of these regulations.

(vi) Closure. Owners and operators must comply with the requirements of § 265.197 of these regulations, except for § 265.197(c)(2) through (c)(4).

(g) Recordkeeping. The owner or operator must maintain in the operating record of the facility all information and data required by this section for five years.

(h) Closure.

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.

(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) 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.

(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.

(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) 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.

(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:

(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, HCl, Cl 2 ) sampled and analyzed during the trial burn(s) or periodic compliance test.

(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.

(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:

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.

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) 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.

(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.

(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.

(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.

(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.

(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.

(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) 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 § 264.31(b).

(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.

(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:

(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.

(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.

(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) 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) 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) 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:

(a) The device meets the following criteria:

(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;

(2) Ore or mineral furnaces . Industrial furnaces subject to § 261.4(b)(7) must process at least 50% by weight normal, nonhazardous raw materials;

(3) Cement kilns . Cement kilns must process at least 50% by weight normal cement production raw materials;

(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:

(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. 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 § 264.348 of these regulations.

(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 §

1. 264.348 of these regulations.

(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)(1) of this section) in the waste-derived residue must not exceed the health-based level specified in Appendix VII to §

1. 264.348 of these regulations, or the level of detection, whichever is higher. If a health-based limit for a constituent of concern is not listed in Appendix VII to §
   1. 264.348 of these regulations, then a limit of 0.002 micrograms per kilogram or
      1. the level of detection (which must be determined by using appropriate analytical procedures), 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)(1) of this section, 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. 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 tetrachlorodibenzo-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.

(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 § 264.348 of these regulations; and (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.

(1) Levels of constituents in Appendix VIII, Part 261, that are present in waste-derived residues;

(2) If the waste-derived residue is compared with normal residue under paragraph (b)(1) of this section:

(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.

§ 264.348 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 Table I-B. -- Tier I and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic Metals for Facilities in Noncomplex Terrain Table I-C. -- Tier I and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic Metals for Facilities in Complex Terrain Table I-D. -- Tier I and Tier II Feed Rate and Emissions Screening Limits for Carcinogenic Metals for Facilities in Noncomplex Terrain Table I-E. -- Tier I and Tier II Feed Rate and Emissions Screening Limits for Carcinogenic Metals for Facilities in Complex Terrain Table II -- Tier I Feed Rate Screening Limits for Total Chlorine Table III -- Tier II Emission Rate Screening Limits for Free Chlorine and Hydrogen Chloride Table IV -- Reference Air Concentrations* Table V -- Risk Specific Doses (10 -5 )

Table VI -- Stack Plume Rise[Estimated Plume Rise (in Meters) Based on Stack Exit Flow Rate and Gas Temperature] Appendix VII to § 264.348 – Health-Based Limits For Exclusion of Waste-Derived Residues* Appendix VIII to § 264.348 -- Organic Compounds for Which Residues Must Be Analyzed Appendix IX to § 264.348 -- Methods Manual for Compliance With the BIF Regulations Burning Hazardous Waste in Boilers and Industrial Furnaces 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). The methods included in this document are:

1. Performance Specifications for Continuous Emission Monitoring (CEM) of Carbon Monoxide, Oxygen, and Hydrocarbons in Stack Gases.

2. Procedures for Estimating the Toxicity Equivalency of Chlorinated Dibenzo-p-dioxin and Dibenzofuran Congeners.

3. Hazardous Waste Combustion Air Quality Screening Procedures (HWCAQSP).

4. Simplified Land Use Classification Procedure for Compliance with Tier I and Tier II Limits.

5. Statistical Methodology for Bevill Residue Determinations.

6. Procedures for Determining Default Values for Air Pollution Control System Removal Efficiencies.

7. Procedures for Determining Default Values for Partitioning of Metals, Ash, and Total Chloride/Chlorine.

8. Alternate Methodology for Implementing Metals Controls.

a. Sampling and analytical methods for multiple metals, hexavalent chromium, HCl and chlorine, polychlorinated dibenzo-p-dioxins and dibenzofurans, and aldehydes and ketones can be found in “Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods” (EPA Publication SW-846). 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 SW-846.

b. The CEM performance specifications of section 2.0, the relevant sampling Methods 0011, 0023A, 0050, 0051, 0060, and 0061 of SW-846, incorporated by reference in § 260.11, and the toxicity equivalency procedure for dioxins and furans of section 4.0 are required procedures for determining compliance with BIF regulations. You must use appropriate methods for the determination of: (i) chloride from HCl/Cl 2 emission sampling train; and (ii) carbonyl compounds by high-performance liquid chromatography. The CEM performance specifications are interim. The finalized CEM performance specifications and methods will be published in 40 CFR parts 60 and 6l. Section 2.0 Performance Specifications for Continuous Emission Monitoring Systems 2.l 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 (O2) 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

1. 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

1. 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,
      1. pneumatic, or hydraulic means to draw a sample of the stack or flue gas and convey it to a remotely located analyzer.
      2. 2.1.2.2.2 In-situ . Systems that perform an analysis without removing a
         1. 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

1. 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

1. 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 facilities, 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

1. measured by a performance test method (PTM). The RA 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

1. 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 O2). These methods are found in 40 CFR part 60, appendix A.

2.1.2.11 Performance Specification Test (PST) Period. The period during

1. 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
   1. 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. (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.
      2. 2.1.3.1.3 Both the CO and O 2 monitors should be installed at the same
         1. 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

1. Points.
   1. 2.1.3.2.1 Select an accessible PTM measurement point at least two
      1. 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 2 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.
      2. 2.1.3.2.2 Select traverse points that ensure acquisition of representative
         1. 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.

Table 2.1-1 - Performance Specifications of CO and O Monitors Parameter CO monitors CO monitors O2 monitors Low range High range Calibration drift 24 hours ≤ 6 ppm 1 ≤ 90ppm ≤ 0.5% O2 Calibration error ≤ 10 ppm 1 ≤ 150ppm ≤ 0.5% O2 Response time ≤ 2 min ≤ 2 min ≤ 2 min Relative accuracy 2 ( 3 ) ( 3 ) (incorporated in CO RA calculation) 1 For Tier II, CD and CE are ≤ 3% and ≤ 5% of twice the permit limit, respectively. 2 Expressed as the sum of the mean absolute value plus the 95% confidence interval of a series of measurements. 3 The greater of 10% of PTM or 10 ppm.

Table 2.1-2 - CEMS Span Values for CO and O Monitors CO monitors CO monitors O2 monitors (percent)

1. Low range (ppm) High range (ppm)

Tier I rolling average format 200 3,000 25 Tier II rolling average format 2 x permit limit 3,000 25 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 2 analyzer may be between zero
   1. 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 2 analyzer (for Tier I).
      1. 2.1.4.2.2 The high-level concentration for the CO or O 2 analyzer shall be
         1. 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 2 for the O 2 analyzer.

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 2 for the O 2 analyzer.

2.1.4.4 Response Time . The response time for the CO or O 2 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 2 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 2 monitor calibration response must not drift or deviate from the reference value by more than 0.5 percent O 2 at both zero and high levels.

2.l.4.6 Relative Accuracy. The result of the RA test of the CO CEMS (which incorporates the O 2 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 2 before calculating the RA.

2.1.4.7 Calibration Error. The mean difference between the CEMS and reference

1. 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 2 analyzers.

2.1.4.8 Measurement and Recording Frequency. The sample to be analyzed shall

1. 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

1. 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

1. 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 O2. 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

1. 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-
   1. 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
         1. 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

1. transport, sample conditioning, gas analyses, and the data recording.
   1. 2.1.6.2.1 Introduce zero gas into the system. For extractive systems,
      1. 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.
      2. 2.1.6.2.2 Next, introduce a high-level calibration gas and repeat the above
         1. 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
   1. high-range CO and O 2 ) with zero gas and EPA Protocol 1 cylinder gases at three measurement points within the ranges specified in Table 2.1-3.

Table 2.1-3 - Calibration Error Concentration Ranges for Tier I Measurement Gas Concentration Gas Concentration Gas Concentration Point Ranges Ranges Ranges CO , ppm CO , ppm O2 percent Low range 1 High range 1 0-40 0-600 0-2 2 60-80 900-1200 8-10 3 140-160 2100-2400 14-16 1 For Tier II, the CE specifications for the low-range CO CEMS are 0-20%, 30-40%, and 70-80% of twice the permit limit.

1. 2.1.6.3.1.1 If a single measurement range is used, the calibration
   1. 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
         1. 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
         1. 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
   1. 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 2 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. 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 2 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
         3. (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 2 , NO, and CO 2 calibration gases 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.
      2. 2.1.6.4.3 Number of PTM Tests. Conduct a minimum of nine sets of all
         1. 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.
      3. 2.1.6.4.4 Correlation of PTM and CEMS Data. The time and duration of
         1. 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 2 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.
      4. 2.1.6.4.5 Calculations. Summarize the results on a data sheet. Calculate
         1. 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. where:

n = Number of data points.

1. = Algebraic sum of the individual differences d i 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:

t 0.975 = t-value (see Table 2.1-4).

Table 2.1-4 - t-Values n a t 0.975 n a t 0.975 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 . .

a The 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.

where:

1. = Absolute value of the mean of fire differences (Equation 1) = Absolute value of the confidence coefficient (Equation 3). = Average reference value.

2.1.7.5 Calibration Error . Calculate CE using Equation 5.

where:

= 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:

2.1.10.1 A daily calibration check for each monitor. The calibration must be

1. 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.

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.

2.1.10.3 A quarterly calibration error (CE) test. Quarterly RA tests may be

1. substituted for the CE test when approved by the Director on a case-by-case basis.

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 2 , NOx, CO 2 , O 2 , and TRS.” U.S. Environmental Protection Agency OAQPS, ESED, Research 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

1. 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:
   1. 2.2.2.1.1 Sample Interface. That portion of the system that is used for
      1. 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. 2.2.2.1.2 Organic Analyzer. That portion of the system that senses
         1. organic concentration and generates an output proportional to the gas concentration.
      3. 2.2.2.1.3 Data Recorder. That portion of the system that records a
         1. 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

1. 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

1. 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
   1. 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
         1. sample to the analyzer.

         Note: Mention of trade names or specific products does not constitute endorsement by the Department.

      2. 2.2.4.1.3 Calibration Valve Assembly. A heated three-way valve
         1. 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.
      3. 2.2.4.1.4 Particulate Filter. An in-stack or out-of-stack sintered stainless
         1. steel filter is recommended if exhaust gas particulate loading is significant. An out-of-stack filter must be heated.
      4. 2.2.4.1.5 Fue. The fuel specified by the manufacturer (e.g., 40 percent
         1. hydrogen/60 percent helium, 40 percent hydrogen/60 percent nitrogen gas mixtures, or pure hydrogen) should be used.
      5. 2.2.4.1.6 Zero Gas. High purity air with less than 0.1 parts per million by
         1. volume (ppm) HC as methane or carbon equivalent or less than 0.1 percent of the span value, whichever is greater.
      6. 2.2.4.1.7 Calibration Gases. Appropriate concentrations of propane gas
         1. (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.

2.2.4.2 CEMS Span Value. 100 ppm propane.

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.

1. 2.2.4.3.1 The zero level may be between 0 and 20 ppm (zero and 20
   1. percent of the span value).
      1. 2.2.4.3.2 The high-level concentration shall be between 50 and 90 ppm
         1. (50 and 90 percent of the span value).

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).

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.

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.

2.2.4.7 Calibration Error. The mean difference between the CEMS and reference

1. values at all three test points listed below shall be no greater than 5 ppm (±5 percent of the span value).
   1. 2.2.4.7.1 Zero Level. Zero to 20 ppm (0 to 20 percent of span value).
      1. 2.2.4.7.2 Mid-Level. 30 to 40 ppm (30 to 40 percent of span value).
      2. 2.2.4.7.3 High-Level. 70 to 80 ppm (70 to 80 percent of span value).

2.2.4.8 Measurement and Recording Frequency. The sample to be analyzed shall

1. 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.

2.2.4.9 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.

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

1. 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
   1. 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
         1. 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
   1. 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
         1. 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
   1. 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
         1. for this test.
         2. 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.

      2. 2.2.6.3.2 Calculations. Summarize the results on a data sheet. An
         1. 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.

where:

= 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.

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:

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.

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.

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.

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.

Section 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. Section 4.0 Procedure for Estimating the Toxicity Equivalence of Chlorinated Dibenzo-P-Dioxin and Dibenzofuran Congeners PCDDs and PCDFs must be determined using whichever is the most recent version between SW-846 Method 0023A (incorporated by reference, in § 260.11) as identified, or OAQPS Method 23 of Appendix A to Part 60. In this method, individual congeners or homologues 1 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.

1 The 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. Using method 23, determine the concentrations of 2, 3, 7, 8-congeners of various PCDDs and PCDFs in the sample.

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.

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 0.1 Other TCDFs 0 1,2,3,7,8-PeCDF 0.05 2,3,4,7,8-PeCDF 0.5 Other PeCDFs 0 2,3,7,8-HxCDFs 0.1 Other HxCDFs 0 2,3,7,8-HpCDFs 0.01 Other HpCDFs 0 OCDF 0.001 Reference: Adapted from NATO/CCMS, 1988a.

1 Interim 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. Facility 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:

- 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;

- The facility has a stack taller than 20 m and is located within 5 km of the shoreline of a large body of water;

- 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 coefficients 1 based on facility-specific information.

1 The term dispersion coefficient refers to the change in ambient air concentration (µg/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:

- 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) __________ __________ __________ Flow rate (m 3 /sec) __________ __________ __________ 2 Worksheet 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):

Distance from facility to nearest shoreline (km) Valley width (km) Step 2: Determine the Applicability of the Screening Procedure Fill in the following data:

Yes No Is the facility in a valley < 1 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:

K = HVT where:

K = an arbitrary parameter accounting for the relative influence of the stack height and plume rise. H = Physical stack height (m)

V = Flow rate (m 3 /sec)

T = Exhaust temperature (°K)

Complete the following table to compute the “K” value for each stack: Stack No. Stack height (m) x Flow Rate (m 3 /sec) x Exit Temp (°K) = K 1 ___________ x ___________ x ___________ = _______ 2 ___________ x ___________ x ___________ = _______ 3 ___________ x ___________ 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: GEP (minimum) = H+(1.5xL)

GEP (maximum) = greater of 65 m or H+(1.5xL)

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;

- 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.

(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)

(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) = Effective stack height (m) __________ . __________ . __________ (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.

Generic source number=___ (D) If the source is located in flat terrain 3 , 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). 3 The 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.

(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 4 Refer 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 Table 5.0-2. - Selection of Generic Source Number Effective stack height (m) Generic source No.

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 Type 1 Description Urban or rural designation 2 11 Heavy Industrial Urban 12 Light/Moderate Industrial Urban C1 Commercial Urban R1 Common Residential (Normal Easements). Rural R2 Compact Residential (Single Family). Urban R3 Compact Residential (Multi-Family). Rural R4 Estate Residential (Multi-Acre Plots). Rural A1 Metropolitan Natural Rural A2 Agricultural Rural A3 Undeveloped (Grasses/Weeds). Rural A4 Undeveloped (Heavily Wooded). Rural A5 Water Surfaces Rural 1 EPA, 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.

2 Auer, August H. Jr., “Correlation of Land Use and Cover with meteorological Anomalies,” Journal of Applied Meteorology, pp. 636- 643,1978.

Distance Effective stack - height - Maximum terrain - rise (m) = TAESH (m) range (km) (m) [see step 5(B)] (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. (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 5 The 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. Method Used to Estimate Percent Urban Land Use: Visual Planimeter . ___________ ___________ 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 applicable space) Urban Rural . ___________ ___________ (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 effective stack height range (m) Distance (m) Distance (m) . 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:

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. 6 For 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).

6 For the distance range 6 to 20 kilometers, generic source number 1 is used to conservatively represent the maximum dispersion coefficient.

(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). 7 Record the maximum average hourly dispersion coefficient encountered.

7 Exclude 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. Maximum Average Hourly Dispersion Coefficient =__(µg/m 3 /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. Maximum dispersion coefficient [from Step 5(E)] (µg/m 3 /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 (µg/m3)* for Hazardous Waste Combustors Using Urban Conditions Table 5.0-5. - ISCST Predicted Maximum Concentrations (µg/m 3 )* for Hazardous Waste Combustors Using Rural Conditions (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 flat 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 Generic Maximum hourly Annual Maximum annual from stack source dispersion coefficient hourly dispersion coefficient (km) No. (µg/m 3/g/sec) ratio (µg/m3/g/sec) 1 Flat 0-20.0 . . . .

. 0-0.5 . . . .

. > 0.5-2.5 . . . .

Rolling or > 2.5-5.0 . . . .

Complex . > 5.0-20.0 . . . .

1 Maximum 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.

(A) Compute effective stack heights for each stack. 8 8 Follow 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.

(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:

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.

(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 flat terrain. Shortest stack height (m) = Maximum terrain rise in meters out to 5 km = 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. Stack No. Stack No.

. 1 2 3 Generic Source Numbers _______ _______ _______ (D) Compute the TAESH and select generic source numbers (for sources located in nonflat terrain).

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 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). 10 This applies to all stacks less than or equal to 10 meters regardless of the terrain classification.

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).

Worksheet 5.0-1 Dispersion Coefficient by Downwind Distance 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. 11 Recall 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 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. 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.

(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 13 If 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.

(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:

14 As 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.

C = Maximum total hourly ambient air concentration (µg/m 3 ) for pollutant “N” from Step 10(F), C a = Maximum annual average air concentration for pollutant “N” (µg/m 3 ), R = Annual/hourly ratio.

Table 5.0-6. - 95th Percentile of Annual/Hourly Ratios (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.

Table 6.0-1.-Classification of Land Use Types Type 1 Description Urban or rural designation 2 11 Heavy Industrial Urban 12 Light/Moderate Industrial Urban C1 Commercial Urban R1 Common Residential (Normal Easements). Rural R2 Compact Residential (Single Family). Urban R3 Compact Residential (Multi-Family). Rural R4 Estate Residential (Multi-Acre Plots). Rural A1 Metropolitan Natural Rural A2 Agricultural Rural A3 Undeveloped (Grasses/Weeds). Rural A4 Undeveloped (Heavily Wooded). Rural A5 Water Surfaces Rural 1 EPA, 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.

2 Auer, 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:

UTL = X+(K)(S)

where: X = mean of the normal residue concentrations, X = X i /n, K = coefficient for sample size n, 95% confidence and 95% proportion, S = standard deviation of the normal residue concentrations, S = (∑(X i - X) 2 / (n - 1)) 0.5 , 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:

Sample No. Concentration of constituent A (ppm)

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 the Department that certifies that emissions of HCl, C1 2 , 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 chlorine, 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/l00) X (1 -- APCS RE/100)] where:

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 2 , 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 (%)

WS = Wet Scrubber including: 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 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)

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 Table 8.1-3. - Temperature (F) Entering APCS Above Which Metals Are Classified as Very Volatile In Combustion of Chlorinated Wastes 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 Cl 2

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 2 for most types of APCS is generally minimal. Therefore, the default assumption for APCS RE for Cl 2 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 8.2-1. 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 8.2-1. - Air Pollution Control Systems (APCS) and Their Conservatively Estimated Efficiencies for Removing Hydrogen Chloride (HCl) and Particulate Matter (PM) (%) WS = Wet Scrubber including: 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.). VS-20 = Venturi Scrubber, ca. 20-30 in W.G. delta p VS-60 = Venturi Scrubber, ca. >60 in W.G. delta p ESP-l = 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. Thurnau, R.E. Maurnighan, L.R. Waterland, J.W. Lee, and D.J. Fournier. 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 2 , 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 Cl 2

The Department has established the special procedures presented below for chlorine because the emission limits are based on the pollutants HCl and Cl 2 formed from chlorine fed to the combustor. Therefore, the owner/operator must estimate the controlled emission rate of both HCl and Cl 2 and show that they do not exceed allowable levels.

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.

2. To determine the partitioning of chlorine in the combustion gas to HCl versus Cl 2 , either use the default values below or use supportable site-specific values developed following the general guidelines provided in section 9.4.

- 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 2 , 80 percent HCl.

- 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 Cl 2 , multiply the feed rate of chlorine times the partitioning factor for each pollutant. Then, for HCl, convert the 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 2 .

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% O 2 , 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 kilns. Nonetheless, cement kilns 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% O 2 , 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. Determine the flue gas O 2 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- O 2 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:

- 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.

- Applying emissions testing data documenting an SRE for one metal, including nonhazardous surrogate metals to another less volatile metal.

- 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:

- Subsection 10.3 discusses the basis of the method and the assumptions upon which it is founded;

- 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) 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.

(2) The metal concentrations in the collected kiln dust can be accurately and representatively measured.

(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:

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): 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 95% and EF 99% . EF 95% is the value at which there is a 95% confidence level that the enrichment factor is below this value at any given time. Similarly, EF 99% is the value at which there is a 99% confidence level that the enrichment factor is below this value at any given time. EF 95% is used to calculate the “violation” dust metal concentration limit (DMCL v ): 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 c ) is calculated using a “safe” enrichment factor (SEF). If EF 99% is greater than two times the value of EF 95% , the “safe” enrichment factor can be calculated using Equation 4a:

SEF ≥2 EF 95% (4a)

If EF 99% is not greater than two times the value of EF 95% , the “safe” enrichment factor can be calculated using Equation 4b:

SEF ≥ EF 99% (4b)

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: 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 the “violation” dust metal concentration limit is set at ten times the “conservative” limit:

DMCLv = 10 x DMCLc (6)

10.4 Overview

The flowchart for implementing the method is shown in Figure 10.4-1. The general procedure is as follows:

- Follow the certification of precompliance procedures described in subsection 10.6 (to comply with § 265.140(b) of these regulations).

- 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.

- 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.

-- 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) Prepare initial limits and test plans.

- Determine the Tier III metal emission limit. The Tier II metal emission limit may also be used (see § 264.344 of these regulations).

- 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).

- Follow the compliance procedures described in Subsection 10.6. - Follow appropriate guidelines for preparing test plans and waste analysis plans for the following tests:

1. -- 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);
   1. -- Initial tests to determine enrichment factors;
      1. -- Quarterly tests to verify enrichment factors;

         -- Analysis of hazardous waste feedstreams; and -- Daily and/or weekly monitoring of kiln dust for continuing compliance.

(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 10.3 of this Methods Manual. -- Kiln dust sampling must be conducted as follows:

1. -- Follow appropriate sampling and analytical procedures such as those described in the waste analysis plan as they pertain to the condition and accessibility of the dust.
   1. -- 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.

1. -- 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).
   1. -- 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:

1. -- 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 particulate 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) Use the enrichment factors measured in Step 2 to determine EF 95% , EF 99% , and SEF. - Calculate EF 95% and EF 99% according to the t-distribution as described in Appendix A - Calculate SEF by -- Equation 4a if EF 95% is determinable and if EF 99% is greater than two times EF 95% , -- Equation 4b if EF 95% is determinable and if EF 99% is not greater than two times EF 95% .

1. -- Equation 4c if EF 95% is not determinable.

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) Prepare certification of compliance.

- Calculate the “conservative” dust metal concentration limit (DMCL c ) using Equation 5. -- 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.

1. -- 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 v ) using Equation 3 if EF95% is determinable, or using Equation 6 if EF 95% not determinable. -- 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.

1. -- If the stack samples taken in Step 2 were analyzed for hexavalent chromium, the EF 95% based on the hexavalent chromium enrichment factor (as defined in Step 2) should be used in this calculation.
   1. -- 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) 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.

1. -- All metals must initially be classified as “critical” metals and be monitored on a daily basis.
   1. -- 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.
      1. -- 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 other appropriate methods, 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 appropriate procedures.

1. -- At least one composite sample is required. This sample is referred to as the “required” sample.
   1. -- 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.
      1. -- 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) 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.

1. -- 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).
   1. -- It must follow a normal schedule of kiln dust recharging. -- It must generate normal marketable product from normal raw materials during the tests.

(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 95% calculated for the combined data sets (i.e., the quarterly test data and the original Step 2 test data) according to the t-distribution (described in appendix A) is more than 10% higher than the EF 95% 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) 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.

1. -- 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.
   1. -- If the “required” sample concentration is not judged an outlier, refer to Step 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.

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) 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.

1. -- 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) 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 2 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) Prepare initial limits and test plans.

- Determine the Tier III metal emission limit. The Tier II metal emission limit may also be used (see § 264.344 of these regulations).

- 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).

- Follow appropriate procedures for preparing waste analysis plans for the following tasks:

1. -- Analysis of hazardous waste feedstreams.
   1. -- Daily and/or weekly monitoring of kiln dust concentrations for continuing compliance.

(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.

1. -- 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.

1. Examples of situations where the use of engineering judgement is appropriate include:
   1. -- Use of data from precompliance tests;
      1. -- Use of data from previous compliance tests; and -- Use of data from similar facilities.

(3) This step does not apply to precompliance procedures.

(4) Prepare certification of precompliance.

- Calculate the “conservative” dust metal concentration limit (DMCL c ) using Equation 5. - 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) 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.

1. -- All metals must initially be classified as “critical” metals and be monitored on a daily basis.
   1. -- 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.
      1. -- 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 other appropriate methods, 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 appropriate procedures.

1. -- At least one composite sample is required. This sample is referred to as the “required” sample.
   1. -- 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.
      1. -- 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) This step does not apply to precompliance procedures.

(7) This step does not apply to precompliance procedures.

(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.

1. -- 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.
   1. -- If the “required” sample concentration is not judged an outlier, refer to Step 10.

(9) This step does not apply to precompliance procedures.

(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.

1. -- 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) 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:

1. -- Changing equipment or operating procedures to reduce the kiln dust metal concentration;
   1. -- 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). 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 95%, is based on the test results and is statistically determined so there is only a 5% chance that the enrichment factor at any given time will be larger than EF 95%. Similarly, at the 99% confidence level, the enrichment factor, EF 99%, is statistically determined so there is only a 1% chance that the enrichment factor at any given time will be larger than EF 99%.

For a large number of samples (n > 30), EF 95% is based on a normal distribution, and is equal to: where:

For a 95% confidence level, z c is equal to 1.645.

For a small number of samples (n < 30), EF 95% is based on the t-distribution and is equal to: where the standard deviation, S, is defined as:

t c is a function of the number of samples and the confidence level that is desired. It increases in value as 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 c are shown 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 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 meas≤ is compared to t crit at the desired confidence level. The 95% confidence level is used in this method. Values of t crit are shown in table A-1 for various degrees of freedom (degrees of freedom n 1 +n 2 −2) at the 95% and 99% confidence levels. If t meas is greater then t crit it can be concluded with 95% confidence that the two 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 meas, is then compared with rejection values that are critical for a particular degree of confidence, where Q meas is: 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 meas is larger than Q crit, the data point can be discarded. Only one data point from a sample group can be rejected using this method. Table A.2. - Critical Values for Use in the Q-Test N Q crit 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 solids Sump mud Materials from laboratory analyses Acid filters Baghouse bags Clothing (e.g., coveralls, aprons, shoes, hats, gloves) Sweepings Air filter bags and cartridges Respiratory cartridge filters Shop abrasives Stacking boards Waste shipping containers (e.g., cartons, bags, drums, cardboard) Paper hand towels Wiping rags and sponges Contaminated pallets Water treatment sludges, filter cakes, residues, and solids Emission control dusts, sludges, filter cakes, residues, and solids from lead-associated industries (e.g., K069 and D008 wastes)

Spent grids, posts, and separators Spent batteries Lead oxide and lead oxide residues Lead plates and groups Spent battery cases, covers, and vents Pasting belts Water filter media Cheesecloth from pasting rollers Pasting additive bags Asphalt paving materials 1 Lead-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 clips Platen abrasive Fluff from lead wire and cable casings Lead-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 bags Raney nickel catalyst Floor sweepings Air filters Electroplating bath filters Wastewater filter media Wood pallets Disposable clothing (coveralls, aprons, hats, and gloves) Laboratory samples and spent chemicals Shipping containers and plastic liners from containers or vehicles used to transport nickel or chromium-containing wastes Respirator cartridge filters Paper hand towels B. Exempt Nickel or Chromium-Bearing Materials when Generated by Any Industry Electroplating wastewater treatment sludges (F006)

Nickel and/or chromium-containing solutions Nickel, chromium, and iron catalysts Nickel-cadmium and nickel-iron batteries Filter cake from wet scrubber system water treatment plants in the specialty steel industry 1 Filter cake from nickel-chromium alloy pickling operations 1 1 If 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. 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 -- Special Provisions for Cleanup § 264.550 Applicability of Corrective Action Management Unit (CAMU) Regulations.

(a) Except as provided in paragraph (b) of this section, CAMUs are subject to the requirements of § 264.552.

(b) CAMUs that were approved prior to the April 22, 2002 effective date of the federal regulations, or for which substantially complete applications (or equivalents) were submitted to the Environmental Protection Agency (EPA) on or before November 20, 2000, are subject to the requirements in § 264.551 for grandfathered CAMUs. CAMU waste, activities, and design will not be subject to the standards in § 264.552, so long as the waste, activities, and design remain within the general scope of the CAMU as approved.

§ 264.551 Grandfathered Corrective Action Management Units (CAMUs).

(a) To implement remedies under § 100.26, 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 under the requirements in this section. As defined in § 260.10 of these regulations, a corrective action management unit (CAMU) means an area within a facility that is used only for managing CAMU-eligible wastes for implementing corrective action or cleanup at the facility. A CAMU must be located within the contiguous property under the control of the owner/operator where the wastes to be managed in the CAMU originated. One or more CAMUs may be designated at a facility.

(1) Placement of remediation wastes into or within a CAMU does not constitute land disposal of hazardous wastes.

(2) 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.

(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) 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:

(i) The regulated unit is closed or closing, meaning it has begun the closure process under § 264.113 or § 265.113; and (ii) Inclusion of the regulated unit will enhance implementation of effective, protective and reliable remedial actions for the facility.

(2) The subpart F 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) The CAMU shall facilitate the implementation of reliable, effective, protective, and cost effective remedies;

(2) Waste management activities associated with the CAMU shall not create unacceptable risks to humans or to the environment resulting from exposure to hazardous wastes or hazardous constituents;

(3) The CAMU shall include uncontaminated areas of the 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;

(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;

(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).

(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 to 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) The areal configuration of the CAMU.

(2) Requirements for remediation waste management to include the specification of applicable design, operation and closure requirements.

(3) Requirements for ground water monitoring that are sufficient to:

(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.

(4) Closure and post closure requirements.

(i) Closure of corrective action management units shall:

1. (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.

(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:

1. (A) Requirements for excavation, removal, treatment or containment of remediation wastes;
   1. (B) For areas in which remediation wastes will remain after closure of the CAMU, requirements for capping and potentially lining of such areas; and (C) Requirements for removal and decontamination of equipment, devices, and structures used in remediation waste management activities within the CAMU.

(iii) In establishing specific closure requirements for CAMUs under § 264.552(e), the Department shall consider the following factors:

1. (A) CAMU characteristics;
   1. (B) Volume of remediation wastes which remain in place after closure;
      1. (C) Potential for releases from the CAMU;
      2. (D) Physical and chemical characteristics of the remediation waste;
      3. (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.

(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.

§ 264.552 Corrective Action Management Units (CAMUs).

(a) To implement remedies under § 100.26, § 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, the Director may designate an area at the facility as a corrective action management unit under the requirements in this section. Corrective action management unit means an area within a facility that is used only for managing CAMU-eligible wastes for implementing corrective action or cleanup at the facility. A CAMU must be located within the contiguous property under the control of the owner or operator where the wastes to be managed in the CAMU originated. One or more CAMUs may be designated at a facility.

(1) CAMU-eligible waste means:

(i) All solid and hazardous wastes, and all media (including ground water, surface water, soils, and sediments) and debris, that are managed for implementing cleanup. As-generated wastes (either hazardous or non-hazardous) from ongoing industrial operations at a site are not CAMU-eligible wastes.

(ii) Wastes that would otherwise meet the description in paragraph (a)(1)(i) of this section are not “CAMU-Eligible Wastes” where:

1. (A) The wastes are hazardous wastes found during cleanup in intact or substantially intact containers, tanks, or other non-land-based units found either above ground or below ground, unless the wastes are both chemically and physically similar to the contaminated media found surrounding or beneath the intact or substantially intact containers, tanks, or other non-land-based units; or (B) The Director exercises the discretion in paragraph (a)(2) of this section to prohibit the wastes from management in a CAMU.

(iii) Notwithstanding paragraph (a)(1)(i) of this section, where appropriate, as- generated non-hazardous waste may be placed in a CAMU where such waste is being used to facilitate treatment or the performance of the CAMU.

(2) The Director may prohibit, where appropriate, the placement of waste in a CAMU where the Director has or receives information that such wastes have not been managed in compliance with applicable land disposal treatment standards of Part 268 of these regulations, or applicable unit design requirements of this part, or applicable unit design requirements of Part 265 of these regulations, or that non-compliance with other applicable requirements of these regulations likely contributed to the release of the waste.

(3) Prohibition against placing liquids in CAMUs.

(i) The placement of bulk or noncontainerized liquid hazardous waste or free liquids contained in hazardous waste (whether or not sorbents have been added) in any CAMU is prohibited except where placement of such wastes facilitates the remedy selected for the waste.

(ii) The requirements in § 264.314(c) for placement of containers holding free liquids in landfills apply to placement in a CAMU except where placement facilitates the remedy selected for the waste.

(iii) The placement of any liquid which is not a hazardous waste in a CAMU is prohibited unless such placement is being used to facilitate waste treatment or the performance of the CAMU.

(iv) The absence or presence of free liquids in either a containerized or a bulk waste must be determined in accordance with § 264.314(d). Sorbents used to treat free liquids in CAMUs must meet the requirements of § 264.314(e).

(4) Placement of CAMU-eligible wastes into or within a CAMU does not constitute land disposal of hazardous wastes.

(5) 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 CAMU-eligible wastes into or within a CAMU does not constitute creation of a unit subject to minimum technology requirements.

(6) 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) The Director may designate a regulated unit (as defined in § 264.90(a)(2)) as a CAMU, or may incorporate a regulated unit into a CAMU, if:

(i) The regulated unit is closed or closing, meaning it has begun the closure process under § 264.113 or § 265.113 of these regulations; and (ii) Inclusion of the regulated unit will enhance implementation of effective, protective and reliable remedial actions for the facility.

(2) The subpart F and G requirements and the unit-specific requirements of Part 264 or Part 265 and the financial assurance requirements of Part 266 of these regulations that applied to the regulated unit will continue to apply to that portion of the CAMU after incorporation into the CAMU.

(c) The owner /operator shall provide sufficient information to enable the Department to designate a CAMU in accordance with the criteria in this section. The Director shall designate a CAMU that will be used for storage and/or treatment only in accordance with paragraph (f) of this section. The Director shall designate all other CAMUs in accordance with the following:

(1) The CAMU shall facilitate the implementation of reliable, effective, protective, and cost- effective remedies;

(2) Waste management activities associated with the CAMU shall not create unacceptable risks to humans or to the environment resulting from exposure to hazardous wastes or hazardous constituents;

(3) The CAMU shall include uncontaminated areas of the facility, only if including such areas for the purpose of managing CAMU-eligible waste is more protective than management of such wastes at contaminated areas of the facility;

(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;

(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);

(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 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 to enable the Director to designate a CAMU in accordance with the criteria in this section. This must include, unless not reasonably available, information on:

(1) The origin of the waste and how it was subsequently managed (including a description of the timing and circumstances surrounding the disposal and/or release);

(2) Whether the waste was listed or identified as hazardous at the time of disposal and/or release; and (3) Whether the disposal and/or release of the waste occurred before or after the land disposal requirements of Part 268 of these regulations were in effect for the waste listing or characteristic.

(e) The Director shall specify, in the permit or order, requirements for CAMUs to include the following:

(1) The areal configuration of the CAMU.

(2) Except as provided in paragraph (g) of this section, requirements for CAMU-eligible waste management to include the specification of applicable design, operation, treatment and closure requirements.

(3) Minimum design requirements. CAMUs that consist of new, replacement, or laterally expanded units, except as provided in paragraph (f) of this section, into which wastes are placed shall comply with regulations for the siting of hazardous waste disposal sites, 6 CCR 1007-2, Part 2, and must be designed to assure long-term protection of human health and the environment by preventing adverse effects on any of the following: groundwater quality, surface water quality, air quality, or ecological receptors. The siting, design and operation of a CAMU must provide reasonable assurance that the wastes will remain isolated within the designated disposal area and will not pose a threat to public health or the environment by migrating into the environment.

(4) Minimum treatment requirements. Unless the wastes will be placed in a CAMU for storage and/or treatment only in accordance with paragraph (f) of this section, CAMU- eligible wastes that, absent this section, would be subject to the treatment requirements of Part 268 of these regulations, and that the Director determines contain principal hazardous constituents must be treated to the standards specified in paragraph (e)(4)(iii) of this section.

(i) Principal hazardous constituents are those constituents that the Director determines pose a risk to human health and the environment substantially higher than the risks associated with the cleanup levels or goals at the site.

1. (A) In general, the Director will designate as principal hazardous constituents:
   1. (1) Carcinogens that pose a potential direct risk from combined exposure pathways at the site at or above 1 x 10-4 using an unrestricted use exposure scenario; and (2) Non-carcinogens that pose a potential direct risk from combined exposure pathways at the site an order of magnitude or greater than their reference concentration using an unrestricted use exposure scenario.
      1. (B) The Director will also designate constituents as principal hazardous constituents, where appropriate, when risks to human health and the environment posed by the potential migration of constituents in wastes to surface water and/or ground water are substantially higher than the risks associated with the cleanup levels or goals at the site; when making such a designation, the Director may consider such factors as constituent concentrations, and fate and transport characteristics under site conditions.
      2. (C) The Director may also designate other constituents as principal hazardous constituents that the Director determines pose a risk to human health and the environment substantially higher than the cleanup levels or goals at the site.

(ii) In determining which constituents are “principal hazardous constituents,” the Director must consider all constituents which, absent this section, would be subject to the treatment requirements in Part 268 of these regulations.

(iii) Waste that the Director determines contains principal hazardous constituents must meet treatment standards determined in accordance with paragraph (e)(4)(iv) or (e)(4)(v) of this section.

(iv) Treatment standards for wastes placed in CAMUs.

1. (A) For non-metals, treatment must achieve 90 percent reduction in total principal hazardous constituent concentrations, except as provided by paragraph (e)(4)(iv)(C) of this section.
   1. (B) For metals, treatment must achieve 90 percent reduction in principal hazardous constituent concentrations as measured in leachate from the treated waste or media (tested according to the TCLP) or 90 percent reduction in total constituent concentrations (when a metal removal treatment technology is used), except as provided by paragraph (e)(4)(iv)(C) of this section.
      1. (C) When treatment of any principal hazardous constituent to a 90 percent reduction standard would result in a concentration less than 10 times the Universal Treatment Standard for that constituent, treatment to achieve constituent concentrations less than 10 times the Universal Treatment Standard is not required. Universal Treatment Standards are identified in § 268.48 Table UTS of these regulations.
      2. (D) For waste exhibiting the hazardous characteristic of ignitability, corrosivity or reactivity, the waste must also be treated to eliminate these characteristics.
      3. (E) For debris, the debris must be treated in accordance with § 268.45 of these regulations, or by methods or to levels established under paragraphs (e)(4)(iv)(A) through (D) or paragraph (e)(4)(v) of this section, whichever the Director determines is appropriate.
      4. (F) Alternatives to TCLP. For metal bearing wastes for which metals removal treatment is not used, the Director may specify a leaching test other than the TCLP (SW-846 Method 1311, incorporated by reference in § 260.11(a)(11)) to measure treatment effectiveness, provided the Director determines that an alternative leach testing protocol is appropriate for use, and that the alternative more accurately reflects conditions at the site that affect leaching.

(v) Adjusted standards. The Director may adjust the treatment level or method in paragraph (e)(4)(iv) of this section to a higher or lower level, based on one or more of the following factors, as appropriate. The adjusted level or method must be protective of human health and the environment:

1. (A) The technical impracticability of treatment to the levels or by the methods in paragraph (e)(4)(iv) of this section;
   1. (B) The levels or methods in paragraph (e)(4)(iv) of this section would result in concentrations of principal hazardous constituents (PHCs) that are significantly above or below cleanup standards applicable to the site (established either site-specifically, or promulgated under state or federal law);
      1. (C) The views of the affected local community on the treatment levels or methods in paragraph (e)(4)(iv) of this section as applied at the site, and, for treatment levels, the treatment methods necessary to achieve these levels;
      2. (D) The short-term risks presented by the on-site treatment method necessary to achieve the levels or treatment methods in paragraph (e)(4)(iv) of this section;
      3. (E) The long-term protection offered by the engineering design of the CAMU and related engineering controls:
         1. (1) Where the treatment standards in paragraph (e)(4)(iv) of this section are substantially met and the principal hazardous constituents in the waste or residuals are of very low mobility; or (2) Where cost-effective treatment has been used and the CAMU meets the Subtitle C liner and leachate collection requirements for new land disposal units at § 264.301(c) and (d); or (3) Where, after review of appropriate treatment technologies, the Director determines that cost-effective treatment is not reasonably available, and the CAMU meets the Subtitle C liner and leachate collection requirements for new land disposal units at § 264.301(c) and (d); or (4) Where cost-effective treatment has been used and the principal hazardous constituents in the treated wastes are of very low mobility; or (5) Where, after review of appropriate treatment technologies, the Director determines that cost-effective treatment is not reasonably available, the principal hazardous constituents in the wastes are of very low mobility, and either the CAMU meets or exceeds the standards for new, replacement, or laterally expanded CAMUs in paragraph (e)(3) of this section, or the CAMU provides substantially equivalent or greater protection.

(vi) The treatment required by the treatment standards must be completed prior to, or within a reasonable time after, placement in the CAMU.

(vii) For the purpose of determining whether wastes placed in CAMUs have met site- specific treatment standards, the Director may, as appropriate, specify a subset of the principal hazardous constituents in the waste as analytical surrogates for determining whether treatment standards have been met for other principal hazardous constituents. This specification will be based on the degree of difficulty of treatment and analysis of constituents with similar treatment properties.

(5) Except as provided in paragraph (f) of this section, requirements for ground water monitoring and corrective action that are sufficient to:

(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; and (iii) Require notification to the Director and corrective action as necessary to protect human health and the environment for releases to ground water from the CAMU.

(6) Except as provided in paragraph (f) of this section, closure and post-closure requirements:

(i) Closure of corrective action management units shall:

1. (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 wastes remain in place, post-closure escape of hazardous wastes, hazardous constituents, leachate, contaminated runoff, or hazardous waste decomposition products to the ground, to ground water, to surface waters, or to the atmosphere.

(ii) Requirements for closure of any CAMUs shall include the following, as appropriate and as deemed necessary by the Director for a given CAMU in order to protect human health and the environment:

1. (A) Requirements for excavation, removal, treatment or containment of remediation wastes; and (B) Requirements for removal and decontamination of equipment, devices, and structures used in CAMU-eligible waste management activities within the CAMU.

(iii) In establishing specific closure requirements for CAMUs under paragraph (e) of this section, the Director shall consider the following factors:

1. (A) CAMU characteristics;
   1. (B) Volume of remediation wastes which remain in place after closure;
      1. (C) Potential for releases from the CAMU;
      2. (D) Physical and chemical characteristics of the remediation waste;
      3. (E) Hydrological 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.

(iv) Cap Requirements:

1. (A) At final closure of the CAMU, for areas in which wastes will remain after closure of the CAMU, with constituent concentrations at or above remedial levels or goals applicable to the site, the owner or operator must cover the CAMU with a final cover designed and constructed to meet the following performance criteria, except as provided in paragraph (e)(6)(iv)(B) of this section:
   1. (1) Provide long-term minimization of migration of liquids through the closed unit;
      1. (2) Function with minimum maintenance;
         1. (3) Promote drainage and minimize erosion or abrasion of the cover;
         2. (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, or allow no more percolation than would pass through the bottom liner system or an equivalent thickness of the natural subsoils present.
      2. (B) The Director may determine that modifications to paragraph (e)(6)(iv)(A) of this section are needed to facilitate treatment or the performance of the CAMU (e.g., to promote biodegradation).

(v) Post-closure requirements as necessary to protect human health and the environment, shall include, for areas where remediation wastes will remain in place:

1. (A) Monitoring and maintenance activities, including 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 (B) An environmental covenant pursuant to section 25-15-320, C.R.S., that includes a notice that the land has been used to manage remediation wastes which may or may not contain hazardous wastes.

(f) CAMUs used for storage and/or treatment only are CAMUs in which wastes will not remain after closure. Such CAMUs must be designated in accordance with all of the requirements of this section, except as follows:

(1) CAMUs that are used for storage and/or treatment only and that operate in accordance with the time limits established in the staging pile regulations at § 264.554(d)(1)(iii), (h), and (i) are subject to the requirements for staging piles at § 264.554(d)(1)(i) and (ii), § 264.554(d)(2), § 264.554(e) and (f), and § 264.554(j) and (k) in lieu of the performance standards and requirements for CAMUs in this section at paragraphs (c) and (e)(3) through (6).

(2) CAMUs that are used for storage and/or treatment only and that do not operate in accordance with the time limits established in the staging pile regulations at § 264.554(d)(1)(iii), (h), and (i):

(i) Must operate in accordance with a time limit, established by the Director, that is no longer than necessary to achieve a timely remedy selected for the waste, and (ii) Are subject to the requirements for staging piles at § 264.554(d)(1)(i) and (ii), § 264.554(d)(2), § 264.554(e) and (f), and § 264.554(j) and (k) in lieu of the performance standards and requirements for CAMUs in this section at paragraphs (c) and (e)(4) and (6).

(g) CAMUs into which wastes are placed where all wastes have constituent levels at or below remedial levels or goals applicable to the site do not have to comply with the requirements at paragraph (e)(3) of this section, the cap requirements at paragraph (e)(6)(iv) of this section, the ground water monitoring requirements at paragraph (e)(5) of this section or, for treatment and/or storage-only CAMUs, the design standards at paragraph (f) of this section. As used in this subsection, “remedial levels or goals” means concentration levels of contaminants in environmental media that are established on the assumption there are no containment structures in place.

(h) The Director shall provide public notice and a reasonable opportunity for public comment before designating a CAMU. Such notice shall include the rationale for any proposed adjustments under paragraph (e)(4)(v) of this section to the treatment standards in paragraph (e)(4)(iv) of this section.

(i) Notwithstanding any other provision of this section, the Director may impose additional requirements as necessary to protect human health and the environment.

(j) Incorporation of a CAMU into an existing permit must be approved by the Director 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.

(k) 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.

(l) 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.

(m) 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 § 100.26, § 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:

(1) Located within the facility boundary; and (2) Used only for treatment or storage of remediation wastes.

(c) In establishing standards to be applied to a temporary unit, the Department shall consider the following factors:

(1) Length of time such unit will be in operation;

(2) Type of unit;

(3) Volumes of remediation wastes to be managed;

(4) Physical and chemical characteristics of the remediation wastes to be managed in the unit;

(5) Potential for releases from the unit;

(6) Hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential releases; and (7) Potential for exposure of humans and environmental receptors if releases were to occur from the unit.

(d) The 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) 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) 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.

(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) For the purposes of this section, storage includes mixing, sizing, blending, or other similar physical operations as long as they are intended to prepare the wastes for subsequent management or treatment.

(2) [Reserved] (b) When may I use a staging pile? You may use a staging pile to store hazardous remediation waste (or remediation waste otherwise subject to land disposal restrictions) only if you follow the standards and design criteria the Director has designated for that staging pile. The Director must designate the staging pile in a permit (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.

(c) What information must I provide to get a staging pile designated? When seeking a staging pile designation, you must provide:

(1) Sufficient and accurate information to enable the Director to impose standards and design criteria for your staging pile according to paragraphs (d) through (k) of this section;

(2) Certification by 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.

(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.

(1) The standards and design criteria must comply with the following:

(i) The staging pile must facilitate a reliable, effective and protective remedy;

(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.

(2) In setting the standards and design criteria, the Director must consider the following factors:

(i) Length of time the pile will be in operation;

(ii) Volumes of wastes you intend to store in the pile;

(iii) Physical and chemical characteristics of the wastes to be stored in the unit;

(iv) Potential for releases from the unit;

(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.

(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:

(1) You have treated, rendered or mixed the remediation waste before you placed it in the staging pile so that:

(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.

(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:

(1) You must not place incompatible remediation wastes in the same staging pile unless you have complied with § 264.17(b) of these regulations;

(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.

(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).

(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 time designated by the Director in the permit, closure plan, or order (the “operating term” ), except as provided in paragraph (i) of this section.

(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 (l) 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:

(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.

(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.

(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:

(i) Remediation waste;

(ii) Contaminated containment system components; and (iii) Structures and equipment contaminated with waste and leachate.

(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.

(3) The Director must include the above requirements in the permit, closure plan, or order in which the staging pile is designated.

(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.

(2) The Director must include the above requirement in the permit, closure plan, or order in which the staging pile is designated.

(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:

(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.

(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.

(4) To modify an order to incorporate a staging pile or staging pile operating term extension, you must follow the terms of the order.

(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.

§ 264.555 [Reserved] 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) The owner or operator maintains and complies with a written contingency plan that describes how the owner or operator will respond immediately to the discharge of such infrequent and incidental drippage. At a minimum, the contingency plan must describe how the owner or operator will do the following:

(i) Clean up the drippage;

(ii) Document the cleanup of the drippage;

(iii) Retain documents regarding cleanup for three years; and (iv) Manage the contaminated media in a manner consistent with federal 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:

(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) Be constructed of non-earthen materials, excluding wood and non-structurally supported asphalt;

(2) Be sloped to free-drain treated wood drippage, rain and other waters, or solutions of drippage and water or other wastes to the associated collection system;

(3) Have a curb or berm around the perimeter, (4)(i) Have a hydraulic conductivity of less than or equal to 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).

(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.

(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) 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:

(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);

(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 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:

(i) Constructed of materials that are:

1. (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;

(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.

(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 (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) 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:

(i) Enter a record of the discovery in the facility operating log;

(ii) Immediately remove the portion of the drip pad affected by the condition from service;

(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;

(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.

(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.

(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) Deterioration, malfunctions, or improper operation of run-off and run-on control systems;

(2) The presence of leakage in and proper functioning of leak detection systems.

(3) Deterioration or cracking of the pad surface.

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) The owner or operator of an existing drip pad, as defined in § 264.570 of this subpart, that does not comply with the liner requirements of § 264.573(b)(1) must:

(i) Include in the closure plan for the drip pad under § 264.112 both a plan for complying with paragraph (a) of this section and a contingent plan for complying with paragraph (b) of this section in case not all contaminated subsoils can be practicably removed at closure; and (ii) Prepare a contingent post-closure plan under § 264.118 of this part for complying with paragraph (b) of this section in case not all contaminated subsoils can be practicably removed at closure.

(2) The cost estimates calculated under § § 264.112 and 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 provides 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, 40 CFR Part 63, subpart EEE, 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:

(a) Prevention of any releases that may have adverse effects on human health or the environment due to migration of waste constituents in the ground water or subsurface environment, considering:

(1) The volume and physical and chemical characteristics of the waste in the unit, including its potential for migration through soil, liners, or other containing structures;

(2) The hydrologic and geologic characteristics of the unit and the surrounding area;

(3) The existing quality of ground water, including other sources of contamination and their cumulative impact on the ground water;

(4) The quantity and direction of ground water flow;

(5) The proximity to and withdrawal rates of current and potential ground water users;

(6) The patterns of land use in the region;

(7) The potential for deposition or migration of waste constituents into subsurface physical structures, and into the root zone of food chain crops and other vegetation;

(8) The potential for health risks caused by human exposure to waste constituents; and (9) The potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents;

(b) 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:

(1) The volume and physical and chemical characteristics of the waste in the unit;

(2) The effectiveness and reliability of containing, confining, and collecting systems and structures in preventing migration;

(3) The hydrologic characteristics of the unit and the surrounding area, including the topography of the land around the unit;

(4) The patterns of precipitation in the region;

(5) The quantity, quality, and direction of ground-water flow;

(6) The proximity of the unit to surface waters;

(7) The current and potential uses of nearby surface waters and any water quality standards established for those surface waters;

(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;

(9) The patterns of land use in the region;

(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.

(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:

(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;

(2) The effectiveness and reliability of systems and structures to reduce or prevent emissions of hazardous constituents to the air;

(3) The operating characteristics of the unit;

(4) The atmospheric, meteorologic, and topographic characteristics of the unit and the surrounding area;

(5) The existing quality of the air, including other sources of contamination and the cumulative impact on the air;

(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. A miscellaneous unit that is a disposal unit must also comply with the environmental covenant requirements set forth in § 25-15-317, C.R.S. et. seq. 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) 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 § 262.17 (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 § 262.17 (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 § 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.

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) 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) 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) (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.

(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.

(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.

(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) 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.

(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.

(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 )(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.

(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).

(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 max , as determined by the method specified in paragraph (e)(4) of this section and less than 122 m/s (400 ft/s) is allowed.

(5) An air-assisted flare shall be designed and operated with an exit velocity less than the velocity, V max , as determined by the method specified in paragraph (e)(5) of this section.

(6) A flare used to comply with this section shall be steam-assisted, air-assisted, or nonassisted.

(e) (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.

(2) The net heating value of the gas being combusted in a flare shall be calculated using the following equation:

where:

H T = 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 = Constant, 1.74 x 10 -7 (1/ppm) (g mol/scm) (MJ/kcal) where standard temperature for (g mol/scm) is 20 °C;

C i = 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 H i = 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.

(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.

(4) The maximum allowed velocity in m/s, V max for a flare complying with paragraph (d)(4)(iii) of this section shall be determined by the following equation: Log 10 (V max ) = (H T + 28.8 )/31.7 where:

28.8 = Constant,

31.7 = Constant,

H T = The net heating value as determined in paragraph (e)(2) of this section. (5)The maximum allowed velocity in m/s, V max , for an air-assisted flare shall be determined by the following equation:

1. V max = 8.706+0.7084 (H T )

where:

8.706 = Constant,

0.7084 = Constant,

H T = 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) 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.

(2) Install, calibrate, maintain, and operate according to the manufacturer's specifications a device to continuously monitor control device operation as specified below:

(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.

(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.

(iii) For a flare, a heat sensing monitoring device equipped with a continuous recorder that indicates the continuous ignition of the pilot flame.

(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.

(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.

(vi) For a condenser, either:

1. (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).

(vii) For a carbon adsorption system that regenerates the carbon bed directly in the control device such as a fixed-bed carbon adsorber, either:

1. (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.

(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) 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.

(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) 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) 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:

(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.

(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).
   1. (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.

(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.

(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.

(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:

(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.

(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.

(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.

(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.

(3) The owner or operator shall repair all detected defects as follows:

(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.

(ii) A first attempt at repair shall be made no later than 5 calendar days after the emission is detected.

(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.

(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) Regenerated or reactivated in a thermal treatment unit that meets one of the following:

(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.

(2) Incinerated in a hazardous waste incinerator for which the owner or operator either:

(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.

(3) Burned in a boiler or industrial furnace for which the owner or operator either:

(i) Has been issued a final permit under Part 100 of these regulations which implements the requirements of Subpart O of this part; or (ii) Has designed and operates the boiler or industrial furnace in accordance with the interim status requirements of Part 265, Subpart H of these regulations.

(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) 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) Monitoring shall comply with Reference Method 21 in 40 CFR Part 60.

(2) The detection instrument shall meet the performance criteria of Reference Method 21.

(3) The instrument shall be calibrated before use on each day of its use by the procedures specified in Reference Method 21.

(4) Calibration gases shall be:

(i) Zero air (less than 10 ppm of hydrocarbon in air).

(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.

(5) The background level shall be determined as set forth in Reference Method 21.

(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.

(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) 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:

(i) Method 2 in 40 CFR Part 60 for velocity and volumetric flow rate.

(ii) Method 18 or Method 25A in 40 CFR Part 60, Appendix A, for organic content. If Method 25A is used, the organic HAP used as the calibration gas must be the single organic HAP representing the largest percent by volume of the emissions. The use of Method 25A is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale.

(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.

(iv) Total organic mass flow rates shall be determined by the following equation:

1. (A) For sources utilizing Method 18.
   1. where:
      1. E h = Total organic mass flow rate, kg/h;
         1. Q 2sd = 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;

            C i = Organic concentration in ppm, dry basis, of compound i in the vent gas, as determined by Method 18;

            MW i = Molecular weight of organic compound i in the vent gas, kg/kg- mol;

         2. 0.0416 = Conversion factor for molar volume, kg-mol/m 3 (@ 293 K and

            760 mm Hg);

            10- 6 = Conversion from ppm.

      2. (B) For sources utilizing Method 25A.

         E h = (Q)(C)(MW)[0.0416][10- 6 ] where:

         1. E h = Total organic mass flow rate, kg/h;

            Q = Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dscm/h;

            C = Organic concentration in ppm, dry basis, as determined by Method 25A;

            MW = Molecular weight of propane, 44;

         2. 0.0416 = Conversion factor for molar volume, kg-mol/m 3 (@ 293 K and

            760 mm Hg);

            10- 6 = Conversion from ppm.

(v) The annual total organic emission rate shall be determined by the following equation:

1. E A = (E h )(H)

where:

1. E A = Total organic mass emission rate, kg/y, E h = Total organic mass flow rate for the process vent, kg/h; H = Total annual hours of operations for the affected unit, h.

(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 h , as determined in paragraph (c)(1)(iv) of this section) and by summing the annual total organic mass emission rates (E A , as determined in paragraph (c)(1)(v) of this section) for all affected process vents at the facility.

(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.

(3) The owner or operator of an affected facility shall provide, or cause to be provided, performance testing facilities as follows:

(i) Sampling ports adequate for the test methods specified in paragraph (c)(1) of this section.

(ii) Safe sampling platform(s).

(iii) Safe access to sampling platform(s).

(iv) Utilities for sampling and testing equipment.

(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) Direct measurement of the organic concentration of the waste using the following procedures:

(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.

(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.

(iii) Each sample shall be analyzed and the total organic concentration of the sample shall be computed using Method 9060A (incorporated by reference under § 260.11) of “ Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, “ EPA Publication SW-846, or analyzed for its individual organic constituents.

(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.

(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) 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 dispute may be resolved by using direct measurement as specified at paragraph (d)(1) of this section.

§ 264.1035 Recordkeeping Requirements.

(a) (l) Each owner or operator subject to the provisions of this subpart shall comply with the recordkeeping requirements of this section.

(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) 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.

(2) Up-to-date documentation of compliance with the process vent standards in § 264.1032, including:

(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).

(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.

(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:

(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.

(ii) A detailed engineering description of the closed-vent system and control device including:

1. (A) Manufacturer's name and model number of control device.
   1. (B) Type of control device.
      1. (C) Dimensions of the control device.
      2. (D) Capacity.
      3. (E) Construction materials.

(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.

(4) Documentation of compliance with § 264.1033 shall include the following information:

(i) A list of all information references and sources used in preparing the documentation.

(ii) Records, including the dates, of each compliance test required by § 264.1033(k).

(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.

1. (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.
   1. (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.
      1. (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.
      2. (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).
      3. (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.
      4. (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.
      5. (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.

(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.

(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.

(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) Description and date of each modification that is made to the closed-vent system or control device design.

(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).

(3) Monitoring, operating, and inspection information required by paragraphs (f) through (k) of §264.1033.

(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:

(i) For a thermal vapor incinerator designed to operate with a minimum residence time of 0.50 second at a minimum temperature of 760 °C period when the combustion temperature is below 760 °C.

(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.

(iii) For a catalytic vapor incinerator, period when:

1. (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.

(iv) For a boiler or process heater, period when:

1. (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.

(v) For a flare, period when the pilot flame is not ignited.

(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.

(vii) For a condenser that complies with § 264.1033(f)(2)(vi)(B), period when:

1. (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.

(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.

(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.

(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.

(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.

(7) For a carbon adsorption system operated subject to requirements specified in § 264.1033(h)(1), a log that records:

(i) Date and time when control device is monitored for carbon breakthrough and the monitoring device reading.

(ii) Date when existing carbon in the control device is replaced with fresh carbon.

(8) Date of each control device startup and shutdown.

(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.

(10) When each leak is detected as specified in § 264.1033(1) of this subpart, the following information shall be recorded:

(i) The instrument identification number, the closed-vent system component identification number, and the operator name, initials, or identification number.

(ii) The date the leak was detected and the date of first attempt to repair the leak.

(iii) The date of successful repair of the leak.

(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.

(v) “Repair delayed” and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak.

1. (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.
   1. (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) The Environmental Protection Agency identification number, name, and address of the facility.

(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) 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 § 262.17 (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.

(3) A unit that is exempt from permitting under the provisions of § 262.17 (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 § 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.

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) 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.

(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) (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) 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) 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) Each dual mechanical seal system must be:

(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.

(2) The barrier fluid system must not be a hazardous waste with organic concentrations 10 percent or greater by weight.

(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.

(4) Each pump must be checked by visual inspection, each calendar week, for indications of liquids dripping from the pump seals.

(5) (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.

(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) (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.

(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.

(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) Must have no externally actuated shaft penetrating the pump housing.

(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).

(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 (h) and (i) of this section.

(b) Each compressor seal system as required in paragraph (a) of this section shall be:

(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) 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.

(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) 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) 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).

(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) 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.

(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 § 264.1060 is exempt from the requirements of paragraphs (a) and (b) of this section. § 264.1055 Standards: Sampling ConnectingSystems.

(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) Return the purged process fluid directly to the process line;

(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 § 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) Each open-ended valve or line shall be equipped with a cap, blind flange, plug, or a second valve.

(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 (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) 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.

(2) If a leak is detected, the valve shall be monitored monthly until a leak is not detected for two successive months.

(d) (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.

(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) Tightening of bonnet bolts.

(2) Replacement of bonnet bolts.

(3) Tightening of packing gland nuts.

(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) Has no external actuating mechanism in contact with the hazardous waste stream.

(2) Is operated with emissions less than 500 ppm above background as determined by the method specified in § 264.1063(c).

(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) 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.

(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) 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.

(2) The hazardous waste management unit within which the valve is located was in operation before June 21,1990.

(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) 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) 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) 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.

(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) Repair requires the use of a dual mechanical seal system that includes a barrier fluid system.

(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) 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.

(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.

(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.

(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) 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.

(2) 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) 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) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.

(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. § 264.1062 Alternative Standards for Valves in Gas/Vapor Service or in Light Liquid Service: Skip Period Leak Detection and Repair.

(a) 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.

(b) (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.

(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.

(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.

(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) Monitoring shall comply with Reference Method 21 in 40 CFR Part 60.

(2) The detection instrument shall meet the performance criteria of Reference Method 21.

(3) The instrument shall be calibrated before use on each day of its use by the procedures specified in Reference Method 21.

(4) Calibration gases shall be:

(i) Zero air (less than 10 ppm of hydrocarbon in air).

(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.

(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) The requirements of paragraphs (b)(1) through (4) of this section shall apply.

(2) The background level shall be determined as set forth in Reference Method 21.

(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.

(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) Methods described in ASTM Methods D 2267-88, E 169-87, E 168-88, E 260-85 (incorporated by reference under § 260.11);

(2) Method 9060A (incorporated by reference under § 260.11) of “Test Methods for Evaluating Solid Waste,” EPA Publication SW-846, for computing total organic concentration of the sample, or analyzed for its individual organic constituents; 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) Each owner or operator subject to the provisions of this subpart shall comply with the recordkeeping requirements of this section.

(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) For each piece of equipment to which Subpart BB of Part 264 applies:

(i) Equipment identification number and hazardous waste management unit identification.

(ii) Approximate locations within the facility (e.g., identify the hazardous waste management unit on a facility plot plan).

(iii) Type of equipment (e.g. a pump or pipeline valve).

(iv) Percent-by-weight total organics in the hazardous waste stream at the equipment.

(v) Hazardous waste state at the equipment (e.g., gas/vapor or liquid).

(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).

(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).

(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) 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.

(2) The identification on equipment, except on a valve, may be removed after it has been repaired.

(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) The instrument and operator identification numbers and the equipment identification number.

(2) The date evidence of a potential leak was found in accordance with § 264.1058(a).

(3) The date the leak was detected and the dates of each attempt to repair the leak.

(4) Repair methods applied in each attempt to repair the leak.

(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.

(6) “Repair delayed” and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak.

(7) Documentation supporting the delay of repair of a valve in compliance with § 264.1059(c).

(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.

(9) The expected date of successful repair of the leak if a leak is not repaired within 15 calendar days.

(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) A list of identification numbers for equipment (except welded fittings) subject to the requirements of this subpart.

(2)(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).

(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.

(3) A list of equipment identification numbers for pressure relief devices required to comply with § 264.1054(a).

(4) (i) The dates of each compliance test required in § § 264.1052(e), 264.1053(i),

264.1054 and 264.1057(f).

(ii) The background level measured during each compliance test.

(iii) The maximum instrument reading measured at the equipment during each compliance test.

(5) A list of identification numbers for equipment in vacuum service.

(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) 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.

(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) A schedule of monitoring.

(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) Criteria required in § 264.1052(d)(5)(ii) and § 264.1053(e)(2) and an explanation of the design criteria.

(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) An analysis determining the design capacity of the hazardous waste management unit.

(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.

(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) The Environmental Protection Agency identification number, name, and address of the facility.

(2) For each month during the semiannual reporting period:

(i) The equipment identification number of each valve for which a leak was not repaired as required in § 264.1057(d).

(ii) The equipment identification number of each pump for which a leak was not repaired as required in § 264.1052(c) and (d)(6).

(iii) The equipment identification number of each compressor for which a leak was not repaired as required in § 264.1053(g).

(3) Dates of hazardous waste management unit shutdowns that occurred within the semiannual reporting period.

(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) 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.

(2) A container that has a design capacity less than or equal to 0.1 m 3 (approximately 26 gallons).

(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.

(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.

(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.

(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.

(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).

(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 § 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) 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.

(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.

(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 264.1087 of this subpart, as applicable, provided that the waste management unit is one of the following:

(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.

(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:

(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.

(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.

(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

1. (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.

(iv) A biological process that destroys or degrades the organics contained in the hazardous waste, such that either of the following conditions is met:

1. (A) The organic reduction efficiency (R) for the process is equal to or greater than 95 percent, and the organic biodegradation efficiency (R bio ) for the 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.
   1. (B) The total actual organic mass biodegradation rate (MR bio for all hazardous 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.

(v) A process that removes or destroys the organics contained in the hazardous waste and meets all of the following conditions:

1. (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 § §
   1. 264.1084 through 264.1087 of this subpart, as applicable to the waste
      1. management unit.
      2. (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.
      3. (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.

(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:

1. (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.

(viii) A boiler or industrial furnace for which the owner or operator has either:

1. (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 boiler or industrial furnace in accordance with the interim status requirements of Part 265, Subpart H of these regulations.

(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:

1. (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.
   1. (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/m 3 ] at 25 degrees Celsius.

(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.

(4) A tank, surface impoundment, or container for which all hazardous waste placed in the unit either:

(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 §

1. 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).

(5) A tank used for bulk feed of hazardous waste to a waste incinerator and all of the following conditions are met:

(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) 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.

(2) In performing a waste determination pursuant to paragraph (d)(1) of this section, the sample preparation and analysis shall be conducted as follows:

(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.

(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.

(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.

(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.

(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:

(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.

(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.

(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) 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.

(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.

(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) 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.

(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.

(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) 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.

(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) 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.

(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 m 3 , 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 m 3 but less than 151 m 3 , the maximum organic vapor pressure limit for the tank is 27.6 kPa.
      1. (C) For a tank design capacity less than 75 m 3 , the maximum organic vapor pressure limit for the tank is 76.6 kPa.

(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.

(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.

(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) 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.

(2) The tank shall be equipped with a fixed roof designed to meet the following specifications:

(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).

(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:

1. (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.
   1. (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.
      1. (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.

(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.

(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:

(i) Opening of closure devices or removal of the fixed roof is allowed at the following times:

1. (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.
   1. (B) To remove accumulated sludge or other residues from the bottom of tank.

(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.

(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.

(4) The owner or operator shall inspect the air emission control equipment in accordance with the following requirements:

(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.

(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.

(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.

(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) A fixed-roof tank equipped with an internal floating roof in accordance with the requirements specified in paragraph (e) of this section;

(2) A tank equipped with an external floating roof in accordance with the requirements specified in paragraph (f) of this section;

(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;

(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) The tank shall be equipped with a fixed roof and an internal floating roof in accordance with the following requirements:

(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.

(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.

(iii) The internal floating roof shall meet the following specifications:

1. (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.
   1. (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.
      1. (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.
      2. (D) Each automatic bleeder vent and rim space vent shall be gasketed.
      3. (E) Each penetration of the internal floating roof that allows for passage of a ladder shall have a gasketed sliding cover.
      4. (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.

(2) The owner or operator shall operate the tank in accordance with the following requirements:

(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.

(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.

(3) The owner or operator shall inspect the internal floating roof in accordance with the procedures specified as follows:

(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.

(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:

1. (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.

(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.

(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:

1. (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.
   1. (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.

(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.

(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.

(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) The owner or operator shall design the external floating roof in accordance with the following requirements:

(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.

(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 (cm 2) 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.
   1. (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 (cm 2 ) per meter of tank diameter, and the width of any portion of these gaps shall not exceed 1.3 centimeters (cm).

(iii) The external floating roof shall meet the following specifications:

1. (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.
   1. (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.
      1. (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.
      2. (D) Each automatic bleeder vent and each rim space vent shall be equipped with a gasket.
      3. (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.
      4. (F) Each unslotted and slotted guide pole well shall be equipped with a gasketed sliding cover or a flexible fabric sleeve seal.
      5. (G) Each unslotted guide pole shall be equipped with a gasketed cap on the end of the pole.
      6. (H) Each slotted guide pole shall be equipped with a gasketed float or other device which closes off the liquid surface from the atmosphere.
      7. (I) Each gauge hatch and each sample well shall be equipped with a gasketed cover.

(2) The owner or operator shall operate the tank in accordance with the following requirements:

(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) 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.

(iii) Covers on each access hatch and each gauge float well shall be bolted or fastened when secured in the closed position.

(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.

(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.

(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.

(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.

(3) The owner or operator shall inspect the external floating roof in accordance with the procedures specified as follows:

(i) The owner or operator shall measure the external floating roof seal gaps in accordance with the following requirements:

1. (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.
   1. (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.
      1. (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.
      2. (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:
         1. (1) The seal gap measurements shall be performed at one or more floating roof levels when the roof is floating off the roof supports.
         2. (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.
         3. (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.
         4. (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.
      3. (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
         1. (k) of this section.
      4. (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.

(ii) The owner or operator shall visually inspect the external floating roof in accordance with the following requirements:

1. (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.
   1. (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.
      1. (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.
      2. (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.

(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:

1. (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.
   1. (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.
      1. (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.

(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) 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:

(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.

(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.

(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) 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:

(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:

1. (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.
   1. (B) To remove accumulated sludge or other residues from the bottom of a tank.

(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.

(3) The owner or operator shall inspect and monitor the air emission control equipment in accordance with the following procedures:

(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.

(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.

(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.

(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.

(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) 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.

(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.

(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.

(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.

(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) 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.

(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.

(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.

(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) 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.

(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:

(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.

(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.

(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) 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.

(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) 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:

(i) Prepare a written explanation for the cover stating the reasons why the cover is unsafe to visually inspect or to monitor, if required.

(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.

(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) 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)(3) of this section.

(1) The surface impoundment shall be equipped with a floating membrane cover designed to meet the following specifications:

(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.

(ii) The cover shall be fabricated from a synthetic membrane material that is either:

1. (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.

(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.

(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.

(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.

(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.

(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:

(i) Opening of closure devices or removal of the cover is allowed at the following times:

1. (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.
   1. (B) To remove accumulated sludge or other residues from the bottom of the surface impoundment.

(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.

(3) The owner or operator shall inspect the floating membrane cover in accordance with the following procedures:

(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.

(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.

(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.

(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) 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:

(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.

(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.

(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.

(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) 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:

(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:

1. (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.
   1. (B) To remove accumulated sludge or other residues from the bottom of the surface impoundment.

(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.

(3) The owner or operator shall inspect and monitor the air emission control equipment in accordance with the following procedures:

(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.

(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.

(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.

(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.

(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) 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.

(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:

(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.

(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) 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.

(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) Prepare a written explanation for the cover stating the reasons why the cover is unsafe to visually inspect or to monitor, if required.

(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) 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.

(i) For a container having a design capacity greater than 0.1 m 3 (approximately 26 gallons) and less than or equal to 0.46 m 3 (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.

(ii) For a container having a design capacity greater than 0.46 m 3 (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.

(iii) For a container having a design capacity greater than 0.46 m 3 (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) When a container having a design capacity greater than 0.1 m 3 (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) A container using Container Level 1 controls is one of the following:

(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.

(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).

(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) 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) 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:

(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:

1. (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.
   1. (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.

(ii) Opening of a closure device or cover is allowed for the purpose of removing hazardous waste from the container as follows:

1. (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).
   1. (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.

(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.

(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.

(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.

(4) The owner or operator of containers using Container Level 1 controls shall inspect the containers and their covers and closure devices as follows:

(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.

(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.

(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.

(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 m 3 (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) A container using Container Level 2 controls is one of the following:

(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.

(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
   1. specified in paragraph (g) of this section.

(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.

(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.

(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:

(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:

1. (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.
   1. (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.

(ii) Opening of a closure device or cover is allowed for the purpose of removing hazardous waste from the container as follows:

1. (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).
   1. (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.

(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.

(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.

(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.

(4) The owner or operator of containers using Container Level 2 controls shall inspect the containers and their covers and closure devices as follows:

(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.

(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.

(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.

(e) Container Level 3 standards.

(1) A container using Container Level 3 controls is one of the following:

(i) A container that is vented directly through a closed-vent system to a control device in accordance with the requirements of paragraph (e)(2)(ii) of this section.

(ii) A container that is vented inside an enclosure which is exhausted through a closed-vent system to a control device in accordance with the requirements of paragraphs (e)(2)(i) and (e)(2)(ii) of this section.

(2) The owner or operator shall meet the following requirements, as applicable to the type of air emission control equipment selected by the owner or operator:

(i) The container 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 containers through the enclosure by conveyor 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

1. 5.0 to “Procedure T--Criteria for and Verification of a Permanent or Temporary
   1. Total Enclosure” initially when the enclosure is first installed and, thereafter, annually.

(ii) The closed-vent system and control device shall be designed and operated in accordance with the requirements of § 264.1087 of this subpart.

(3) Safety devices, as defined in § 265.1081 of these regulations, may be installed and operated as necessary on any container, enclosure, closed-vent system, or control device used to comply with the requirements of paragraph (e)(1) of this section.

(4) Owners and operators using Container Level 3 controls in accordance with the provisions of this subpart shall inspect and monitor the closed-vent systems and control devices as specified in § 264.1087 of this subpart.

(5) Owners and operators that use Container Level 3 controls in accordance with the provisions of this subpart shall prepare and maintain the records specified in § 264.1089(d) of this subpart.

(6) Transfer of hazardous waste in or out of a container using Container Level 3 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 EPA 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.

(f) For the purpose of compliance with paragraph (c)(1)(i) or (d)(1)(i) of this section, containers shall be used that meet the applicable U.S. Department of Transportation (DOT) regulations on packaging hazardous materials for transportation as follows:

(1) The container meets the applicable requirements specified in 49 CFR Part 178-- Specifications for Packaging or 49 CFR Part 179--Specifications for Tank Cars.

(2) Hazardous waste is managed in the container in accordance with the applicable requirements specified in 49 CFR Part 107, Subpart B-Exemptions; 49 CFR Part 172-- Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements; 49 CFR Part 173-- Shippers-General Requirements for Shipments and Packages; and 49 CFR Part 180- Continuing Qualification and Maintenance of Packagings.

(3) For the purpose of complying with this subpart, no exceptions to the 49 CFR Part 178 or Part 179 regulations are allowed except as provided for in paragraph (f)(4) of this section.

(4) For a lab pack that is managed in accordance with the requirements of 49 CFR Part 178 for the purpose of complying with this subpart, an owner or operator may comply with the exceptions for combination packagings specified in 49 CFR § 173.12(b).

(g) To determine compliance with the no detectable organic emissions requirement of paragraph (d)(1)(ii) of this section, the procedures specified in § 264.1083(d) of this subpart shall be used.

(1) Each potential leak interface (i.e., a location where organic vapor leakage could occur) on the container, its cover, and associated closure devices, as applicable to the container, shall be checked. Potential leak interfaces that are associated with containers include, but are not limited to: The interface of the cover rim and the container wall; the periphery of any opening on the container or container cover and its associated closure device; and the sealing seat interface on a spring-loaded pressure-relief valve.

(2) The test shall be performed when the container is filled with a material having a volatile organic concentration representative of the range of volatile organic concentrations for the hazardous wastes expected to be managed in this type of container. During the test, the container cover and closure devices shall be secured in the closed position.

(h) Procedure for determining a container to be vapor-tight using Method 27 of 40 CFR Part 60, Appendix A for the purpose of complying with paragraph (d)(1)(iii) of this section.

(1) The test shall be performed in accordance with Method 27 of 40 CFR Part 60, Appendix A.

(2) A pressure measurement device shall be used that has a precision of ± 2.5 mm water and that is capable of measuring above the pressure at which the container is to be tested for vapor tightness.

(3) If the test results determined by Method 27 indicate that the container sustains a pressure change less than or equal to 750 Pascals within 5 minutes after it is pressurized to a minimum of 4,500 Pascals, then the container is determined to be vapor-tight. § 264.1087 Standards: Closed-Vent Systems and Control Devices.

(a) This section applies to each closed-vent system and control device installed and operated by the owner or operator to control air emissions in accordance with standards of this subpart.

(b) The closed-vent system shall meet the following requirements:

(1) The closed-vent system shall route the gases, vapors, and fumes emitted from the hazardous waste in the waste management unit to a control device that meets the requirements specified in paragraph (c) of this section.

(2) The closed-vent system shall be designed and operated in accordance with the requirements specified in § 264.1033(k) of this part.

(3) In the case when the closed-vent system includes bypass devices that could be used to divert the gas or vapor stream to the atmosphere before entering the control device, each bypass device shall be equipped with either a flow indicator as specified in paragraph (b)(3)(i) of this section or a seal or locking device as specified in paragraph (b)(3)(ii) of this section. For the purpose of complying with this paragraph, low leg drains, high point bleeds, analyzer vents, open-ended valves or lines, spring loaded pressure relief valves, and other fittings used for safety purposes are not considered to be bypass devices.

(i) If a flow indicator is used to comply with paragraph (b)(3) of this section, the indicator shall be installed at the inlet to the bypass line used to divert gases and vapors from the closed-vent system to the atmosphere at a point upstream of the control device inlet. For this paragraph, a flow indicator means a device which indicates the presence of either gas or vapor flow in the bypass line.

(ii) If a seal or locking device is used to comply with paragraph (b)(3) of this section, the device shall be placed on the mechanism by which the bypass device position is controlled (e.g., valve handle, damper lever) when the bypass device is in the closed position such that the bypass device cannot be opened without breaking the seal or removing the lock. Examples of such devices include, but are not limited to, a car-seal or a lock-and-key configuration valve. The owner or operator shall visually inspect the seal or closure mechanism at least once every month to verify that the bypass mechanism is maintained in the closed position.

(4) The closed-vent system shall be inspected and monitored by the owner or operator in accordance with the procedure specified in § 264.1033(l).

(c) The control device shall meet the following requirements:

(1) The control device shall be one of the following devices:

(i) A control device designed and operated to reduce the total organic content of the inlet vapor stream vented to the control device by at least 95 percent by weight;

(ii) An enclosed combustion device designed and operated in accordance with the requirements of § 264.1033(c) of this part; or (iii) A flare designed and operated in accordance with the requirements of § 264.1033(d) of this part.

(2) The owner or operator who elects to use a closed-vent system and control device to comply with the requirements of this section shall comply with the requirements specified in paragraphs (c)(2)(i) through (c)(2)(vi) of this section.

(i) Periods of planned routine maintenance of the control device, during which the control device does not meet the specifications of paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this section, as applicable, shall not exceed 240 hours per year.

(ii) The specifications and requirements in paragraphs (c)(1)(i), (c)(1)(ii), and (c)(1)(iii) of this section for control devices do not apply during periods of planned routine maintenance.

(iii) The specifications and requirements in paragraphs (c)(1)(i), (c)(1)(ii), and (c)(1)(iii) of this section for control devices do not apply during a control device system malfunction.

(iv) The owner or operator shall demonstrate compliance with the requirements of paragraph (c)(2)(i) of this section (i.e., planned routine maintenance of a control device, during which the control device does not meet the specifications of paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this section, as applicable, shall not exceed 240 hours per year) by recording the information specified in § 264.1089(e)(1)(v) of this subpart.

(v) The owner or operator shall correct control device system malfunctions as soon as practicable after their occurrence in order to minimize excess emissions of air pollutants.

(vi) The owner or operator shall operate the closed-vent system such that gases, vapors, or fumes are not actively vented to the control device during periods of planned maintenance or control device system malfunction (i.e., periods when the control device is not operating or not operating normally) except in cases when it is necessary to vent the gases, vapors, and/or fumes to avoid an unsafe condition or to implement malfunction corrective actions or planned maintenance actions.

(3) The owner or operator using a carbon adsorption system to comply with paragraph (c)(1) of this section shall operate and maintain the control device in accordance with the following requirements:

(i) Following the initial startup of the control device, all activated carbon in the control device shall be replaced with fresh carbon on a regular basis in accordance with the requirements of § 264.1033(g) or § 264.1033(h) of this part.

(ii) All carbon that is a hazardous waste and that is removed from the control device shall be managed in accordance with the requirements of § 264.1033(n) of this part, regardless of the average volatile organic concentration of the carbon.

(4) An owner or operator using a control device other than a thermal vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system to comply with paragraph (c)(1) of this section shall operate and maintain the control device in accordance with the requirements of § 264.1033(j) of this part.

(5) The owner or operator shall demonstrate that a control device achieves the performance requirements of paragraph (c)(1) of this section as follows:

(i) An owner or operator shall demonstrate using either a performance test as specified in paragraph (c)(5)(iii) of this section or a design analysis as specified in paragraph (c)(5)(iv) of this section the performance of each control device except for the following:

1. (A) A flare;
   1. (B) A boiler or process heater with a design heat input capacity of 44 megawatts or greater;
      1. (C) A boiler or process heater into which the vent stream is introduced with the primary fuel;
      2. (D) A boiler or industrial furnace burning hazardous waste for which the owner or operator has been issued a final permit under Part 100 of these regulations and has designed and operates the unit in accordance with the requirements of Subpart O of this part; or (E) A boiler or industrial furnace burning hazardous waste for which the owner or operator has designed and operates in accordance with the interim status requirements of Part 265, Subpart H of these regulations.

(ii) An owner or operator shall demonstrate the performance of each flare in accordance with the requirements specified in § 264.1033(e).

(iii) For a performance test conducted to meet the requirements of paragraph (c)(5)(i) of this section, the owner or operator shall use the test methods and procedures specified in § 264.1034(c)(1) through (c)(4).

(iv) For a design analysis conducted to meet the requirements of paragraph (c)(5)(i) of this section, the design analysis shall meet the requirements specified in § 264.1035(b)(4)(iii).

(v) The owner or operator shall demonstrate that a carbon adsorption system achieves the performance requirements of paragraph (c)(1) of this section based on the total quantity of organics vented to the atmosphere from all carbon adsorption system equipment that is used for organic adsorption, organic desorption or carbon regeneration, organic recovery, and carbon disposal.

(6) If the owner or operator and the Director do not agree on a demonstration of control device performance using a design analysis then the disagreement shall be resolved using the results of a performance test performed by the owner or operator in accordance with the requirements of paragraph (c)(5)(iii) of this section. The Director may choose to have an authorized representative observe the performance test.

(7) The closed-vent system and control device shall be inspected and monitored by the owner or operator in accordance with the procedures specified in § 264.1033(f)(2) and § 264.1033(l) of these regulations. The readings from each monitoring device required by § 264.1033(f)(2) of these regulations shall be inspected at least once each operating day to check control device operation. Any necessary corrective measures shall be immediately implemented to ensure the control device is operated in compliance with the requirements of this section.

§ 264.1088 Inspection and Monitoring Requirements.

(a) The owner or operator shall inspect and monitor air emission control equipment used to comply with this subpart in accordance with the applicable requirements specified in § 264.1084 through § 264.1087 of this subpart.

(b) The owner or operator shall develop and implement a written plan and schedule to perform the inspections and monitoring required by paragraph (a) of this section. The owner or operator shall incorporate this plan and schedule into the facility inspection plan required under § 264.15 of these regulations.

§ 264.1089 Recordkeeping Requirements.

(a) Each owner or operator of a facility subject to requirements of this subpart shall record and maintain the information specified in paragraphs (b) through (j) of this section, as applicable to the facility. Except for air emission control equipment design documentation and information required by paragraphs (i) and (j) of this section, records required by this section shall be maintained in the operating record for a minimum of 3 years. Air emission control equipment design documentation shall be maintained in the operating record until the air emission control equipment is replaced or otherwise no longer in service. Information required by paragraphs (i) and (j) of this section shall be maintained in the operating record for as long as the waste management unit is not using air emission controls specified in § § 264.1084 through 264.1087 of this subpart in accordance with the conditions specified in § 264.1084(d) or § 264.1087 (b)(7) of this subpart respectively.

(b) The owner or operator of a tank using air emission controls in accordance with the requirements of § 264.1084 of this subpart shall prepare and maintain records for the tank that include the following information:

(1) For each tank using air emission controls in accordance with the requirements of §

264.1084 of this subpart, the owner or operator shall record:

(i) A tank identification number (or other unique identification description as selected by the owner or operator).

(ii) A record for each inspection required by § 264.1084 of this subpart that includes the following information:

1. (A) Date inspection was conducted.
   1. (B) For each defect detected during the inspection: The location of the defect, a description of the defect, the date of detection, and corrective action taken to repair the defect In the event that repair of the defect is delayed in accordance with the requirements of § 264.1084 of this subpart, the owner or operator shall also record the reason for the delay and the date that completion of repair of the defect is expected.

(2) In addition to the information required by paragraph (b)(1) of this section, the owner or operator shall record the following information, as applicable to the tank:

(i) The owner or operator using a fixed roof to comply with the Tank Level 1 control requirements specified in § 264.1084(c) of this subpart shall prepare and maintain records for each determination for the maximum organic vapor pressure of the hazardous waste in the tank performed in accordance with the requirements of § 264.1084(c) of this subpart. The records shall include the date and time the samples were collected, the analysis method used, and the analysis results.

(ii) The owner or operator using an internal floating roof to comply with the Tank Level 2 control requirements specified in § 264.1084(e) of this subpart shall prepare and maintain documentation describing the floating roof design.

(iii) Owners and operators using an external floating roof to comply with the Tank Level 2 control requirements specified in § 264.1084(f) of this subpart shall prepare and maintain the following records:

1. (A) Documentation describing the floating roof design and the dimensions of the tank.
   1. (B) Records for each seal gap inspection required by § 264.1084(f)(3) of this subpart describing the results of the seal gap measurements. The records shall include the date that the measurements were performed, the raw data obtained for the measurements, and the calculations of the total gap surface area. In the event that the seal gap measurements do not conform to the specifications in § 264.1084(f)(1) of this subpart, the records shall include a description of the repairs that were made, the date the repairs were made, and the date the tank was emptied, if necessary.

(iv) Each owner or operator using an enclosure to comply with the Tank Level 2 control requirements specified in § 264.1084(i) of this subpart shall prepare and maintain the following records:

1. (A) Records for the most recent set of calculations and measurements performed by the owner or operator to verify that the enclosure meets the criteria of 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.
   1. (B) Records required for the closed-vent system and control device in accordance with the requirements of paragraph (e) of this section.

(c) The owner or operator of a surface impoundment using air emission controls in accordance with the requirements of § 264.1085 of this subpart shall prepare and maintain records for the surface impoundment that include the following information:

(1) A surface impoundment identification number (or other unique identification description as selected by the owner or operator).

(2) Documentation describing the floating membrane cover or cover design; as applicable to the surface impoundment, that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the specifications listed in § 264.1085(c) of this subpart.

(3) A record for each inspection required by § 264.1085 of this subpart that includes the following information:

(i) Date inspection was conducted.

(ii) For each defect detected during the inspection the following information: The location of the defect, a description of the defect, the date of detection, and corrective action taken to repair the defect. In the event that repair of the defect is delayed in accordance with the provisions of § 264.1085(f) of this subpart, the owner or operator shall also record the reason for the delay and the date that completion of repair of the defect is expected.

(4) For a surface impoundment equipped with a cover and vented through a closed-vent system to a control device, the owner or operator shall prepare and maintain the records specified in paragraph (e) of this section.

(d) The owner or operator of containers using Container Level 3 air emission controls in accordance with the requirements of § 264.1086 of this subpart shall prepare and maintain records that include the following information:

(1) Records for the most recent set of calculations and measurements performed by the owner or operator to verify that the enclosure meets the criteria of 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.

(2) Records required for the closed-vent system and control device in accordance with the requirements of paragraph (e) of this section.

(e) The owner or operator using a closed-vent system and control device in accordance with the requirements of § 264.1087 of this subpart shall prepare and maintain records that include the following information:

(1) Documentation for the closed-vent system and control device that includes:

(i) Certification that is signed and dated by the owner or operator stating that the control device is designed to operate at the performance level documented by a design analysis as specified in paragraph (e)(1)(ii) of this section or by performance tests as specified in paragraph (e)(1)(iii) of this section when the tank, surface impoundment, or container is or would be operating at capacity or the highest level reasonably expected to occur.

(ii) If a design analysis is used, then design documentation as specified in § 264.1035(b)(4) of these regulations. The documentation shall include information prepared by the owner or operator or provided by the control device manufacturer or vendor that describes the control device design in accordance with § 264.1035(b)(4)(iii) of these regulations and certification by the owner or operator that the control equipment meets the applicable specifications.

(iii) If performance tests are used, then a performance test plan as specified in § 264.1035(b)(3) of these regulations and all test results.

(iv) Information as required by § 264.1035(c)(1) and § 264.1035(c)(2) of these regulations, as applicable.

(v) An owner or operator shall record, on a semiannual basis, the information specified in paragraphs (e)(1)(v)(A) and (e)(1)(v)(B) of this section for those planned routine maintenance operations that would require the control device not to meet the requirements of § 264.1087(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subpart, as applicable.

1. (A) A description of the planned routine maintenance that is anticipated to be performed for the control device during the next 6-month period. This description shall include the type of maintenance necessary, planned frequency of maintenance, and lengths of maintenance periods.
   1. (B) A description of the planned routine maintenance that was performed for the control device during the previous 6-month period. This description shall include the type of maintenance performed and the total number of hours during those 6 months that the control device did not meet the requirements of § 264.1087(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subpart, as applicable, due to planned routine maintenance.

(vi) An owner or operator shall record the information specified in paragraphs (e)(1)(vi)(A) through (e)(1)(vi)(C) of this section for those unexpected control device system malfunctions that would require the control device not to meet the requirements of § 264.1087(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subpart, as applicable.

1. (A) The occurrence and duration of each malfunction of the control device system.
   1. (B) The duration of each period during a malfunction when gases, vapors, or fumes are vented from the waste management unit through the closed- vent system to the control device while the control device is not properly functioning.
      1. (C) Actions taken during periods of malfunction to restore a malfunctioning control device to its normal or usual manner of operation.

(vii) Records of the management of carbon removed from a carbon adsorption system conducted in accordance with § 264.1087(c)(3)(ii) of this subpart.

(f) The owner or operator of a tank, surface impoundment, or container exempted from standards in accordance with the provisions of § 264.1082(c) of this subpart shall prepare and maintain the following records, as applicable:

(1) For tanks, surface impoundments, and containers exempted under the hazardous waste organic concentration conditions specified in § 264.1082(c)(l) or § § 264.1082(c)(2)(i) through (c)(2)(vi) of this subpart, the owner or operator shall record the information used for each waste determination (e.g., test results, measurements, calculations, and other documentation) in the facility operating log. If analysis results for waste samples are used for the waste determination, then the owner or operator shall record the date, time, and location that each waste sample is collected in accordance with applicable requirements of § 264.1083 of this subpart.

(2) For tanks, surface impoundments, or containers exempted under the provisions of § 264.1082(c)(2)(vii) or § 264.1082(c)(2)(viii) of this subpart, the owner or operator shall record the identification number for the incinerator, boiler, or industrial furnace in which the hazardous waste is treated.

(g) An owner or operator designating a cover as “unsafe to inspect and monitor” pursuant to § 264.1084(1) or § 264.1085(g) of this subpart shall record in a log that is kept in the facility operating record the following information: The identification numbers for waste management units with covers that are designated as “unsafe to inspect and monitor” the explanation for each cover stating why the cover is unsafe to inspect and monitor, and the plan and schedule for inspecting and monitoring each cover.

(h) The owner or operator of a facility that is subject to this subpart and to the control device standards in 40 CFR Part 60, Subpart VV, or 40 CFR Part 61, Subpart V, may elect to demonstrate compliance with the applicable sections of this subpart by documentation either pursuant to this subpart, or pursuant to the provisions of 40 CFR Part 60, Subpart VV or 40 CFR Part 61, Subpart V, to the extent that the documentation required by 40 CFR Parts 60 or 61 duplicates the documentation required by this section.

(i) For each tank or container not using air emission controls specified in § § 264.1084 through 264.1087 of this subpart in accordance with the conditions specified in § 264.1080(d) of this subpart, the owner or operator shall record and maintain the following information:

(1) A list of the individual organic peroxide compounds manufactured at the facility that meet the conditions specified in § 264.1080(d)(1).

(2) A description of how the hazardous waste containing the organic peroxide compounds identified in paragraph (i)(1) of this section are managed at the facility in tanks and containers. This description shall include:

(i) For the tanks used at the facility to manage this hazardous waste, sufficient information shall be provided to describe for each tank: A facility identification number for the tank; the purpose and placement of this tank in the management train of this hazardous waste; and the procedures used to ultimately dispose of the hazardous waste managed in the tanks.

(ii) For containers used at the facility to manage these hazardous wastes, sufficient information shall be provided to describe: A facility identification number for the container or group of containers; the purpose and placement of this container, or group of containers, in the management train of this hazardous waste; and the procedures used to ultimately dispose of the hazardous waste handled in the containers.

(3) An explanation of why managing the hazardous waste containing the organic peroxide compounds identified in paragraph (i)(1) of this section in the tanks and containers as described in paragraph (i)(2) of this section would create an undue safety hazard if the air emission controls, as required under § § 264.1084 through 264.1087 of this subpart, are installed and operated on these waste management units. This explanation shall include the following information:

(i) For tanks used at the facility to manage these hazardous wastes, sufficient information shall be provided to explain: How use of the required air emission controls on the tanks would affect the tank design features and facility operating procedures currently used to prevent an undue safety hazard during the management of this hazardous waste in the tanks; and why installation of safety devices on the required air emission controls, as allowed under this subpart, will not address those situations in which evacuation of tanks equipped with these air emission controls is necessary and consistent with good engineering and safety practices for handling organic peroxides.

(ii) For containers used at the facility to manage these hazardous wastes, sufficient information shall be provided to explain: How use of the required air emission controls on the containers would affect the container design features and hailing procedures currently used to prevent an undue safety hazard during the management of this hazardous waste in the containers; and why installation of safety devices on the required air emission controls, as allowed under this subpart, will not address those situations in which evacuation of containers equipped with these air emission controls is necessary and consistent with good engineering and safety practices for handling organic peroxides.

(j) For each hazardous waste management unit not using air emission controls specified in § § 264.1084 through 264.1087 of this subpart in accordance with the requirements of § 264.1080(b)(7) of this subpart, the owner and operator shall record and maintain the following information:

(1) Certification that the waste management unit 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.

(2) Identification of the specific requirements codified under 40 CFR Part 60, Part 61, or Part 63 with which the waste management unit is in compliance. § 264.1090 Reporting Requirements.

(a) Each owner or operator managing hazardous waste in a tank, surface impoundment, or container exempted from using air emission controls under the provisions of § 264.1082(c) of this subpart shall report to the Director each occurrence when hazardous waste is placed in the waste management unit in noncompliance with the conditions specified in § 264.1082(c)(1) or (c)(2) of this subpart, as applicable. Examples of such occurrences include placing in the waste management unit a hazardous waste having an average VO concentration equal to or greater than 500 ppmw at the point of waste origination: or placing in the waste management unit a treated hazardous waste of which the organic content has been reduced by an organic destruction or removal process that fails to achieve the applicable conditions specified in § 264.1082(c)(2)(i) through (c)(2)(vi) of this subpart. The owner or operator shall submit a written report within 15 calendar days of the time that the owner or operator becomes aware of the occurrence. The written report shall contain the EPA identification number, facility name and address, a description of the noncompliance event and the cause, the dates of the noncompliance, and the actions taken to correct the noncompliance and prevent recurrence of the noncompliance. The report shall be signed and dated by an authorized representative of the owner or operator.

(b) Each owner or operator using air emission controls on a tank in accordance with the requirements § 264.1084(c) of this subpart shall report to the Director each occurrence when hazardous waste is managed in the tank in noncompliance with the conditions specified in § 264.1084(b) of this subpart. The owner or operator shall submit a written report within 15 calendar days of the time that the owner or operator becomes aware of the occurrence. The written report shall contain the EPA identification number, facility name and address, a description of the noncompliance event and the cause, the dates of the noncompliance, and the actions taken to correct the noncompliance and prevent recurrence of the noncompliance. The report shall be signed and dated by an authorized representative of the owner or operator.

(c) Each owner or operator using a control device in accordance with the requirements of § 264.1087 of this subpart shall submit a semiannual written report to the Director except as provided for in paragraph (d) of this section. The report shall describe each occurrence during the previous 6- month period when either: (1) A control device is operated continuously for 24 hours or longer in noncompliance with the applicable operating values defined in § 264.1035(c)(4); or (2) A flare is operated with visible emissions for 5 minutes or longer in a two-hour period, as defined in § 264.1033(d). The written report shall include the EPA identification number, facility name and address, and an explanation why the control device could not be returned to compliance within 24 hours, and actions taken to correct the noncompliance. The report shall be signed and dated by an authorized representative of the owner or operator.

(d) A report to the Director in accordance with the requirements of paragraph (c) of this section is not required for a 6-month period during which all control devices subject to this subpart are operated by the owner or operator such that:

(1) During no period of 24 hours or longer did a control device operate continuously in noncompliance with the applicable operating values defined in § 264.1035(c)(4); and (2) No flare was operated with visible emissions for 5 minutes or longer in a two-hour period, as defined in § 264.1033(d).

§ 264.1091 [Reserved)

Subpart DD -- Containment Buildings § 264.1100 Applicability.

The requirements of this subpart apply to owners or operators who store or treat hazardous waste in units designed and operated under § 264.1101 of this subpart. The owner or operator is not subject to the definition of land disposal in RCRA section 3004(k) provided that the unit:

(a) Is a completely enclosed, self-supporting structure that is designed and constructed of manmade materials of sufficient strength and thickness to support themselves, the waste contents, and any personnel and heavy equipment that operate within the unit, and to prevent failure due to pressure gradients, settlement, compression, or uplift, physical contact with the hazardous wastes to which they are exposed; climatic conditions; and the stresses of daily operation, including the movement of heavy equipment within the unit and contact of such equipment with containment walls;

(b) Has a primary barrier that is designed to be sufficiently durable to withstand the movement of personnel, wastes, and handling equipment within the unit;

(c) If the unit is used to manage liquids, has:

(1) A primary barrier designed and constructed of materials to prevent migration of hazardous constituents into the barrier, (2) A liquid collection system designed and constructed of materials to minimize the accumulation of liquid on the primary barrier; and (3) A secondary containment system designed and constructed of materials to prevent migration of hazardous constituents into the barrier, with a leak detection and liquid collection system capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest practicable time, unless the unit has been granted a variance from the secondary containment system requirements under § 264.1101(b)(4);

(d) Has controls sufficient to prevent fugitive dust emissions to meet the no visible emission standard in § 264.1101(c)(1)(iv);and (e) Is designed and operated to ensure containment and prevent the tracking of materials from the unit by personnel or equipment.

§ 264.1101 Design and Operating Standards.

(a) All containment buildings must comply with the following design standards:

(1) The containment building, must be completely enclosed with a floor, walls, and a roof to prevent exposure to the elements, (e.g., precipitation, wind, run-on), and to assure containment of managed wastes.

(2) The floor and containment walls of the unit, including the secondary containment system if required under paragraph (b) of this section, must be designed and constructed of materials of sufficient strength and thickness to support themselves, the waste contents, and any personnel and heavy equipment that operate within the unit, and to prevent failure due to pressure gradients, settlement, compression, or uplift, physical contact with the hazardous wastes to which they are exposed; climatic conditions; and the stresses of daily operation, including the movement of heavy equipment within the unit and contact of such equipment with containment walls. The unit must be designed so that it has sufficient structural strength to prevent collapse or other failure. All surfaces to be in contact with hazardous wastes must be chemically compatible with those wastes. The Department will consider standards established by professional organizations generally recognized by the industry such as the American Concrete Institute (ACI) and the American Society of Testing Materials (ASTM) in judging the structural integrity requirements of this paragraph. If appropriate to the nature of the waste management operation to take place in the unit, an exception to the structural strength requirement may be made for light-weight doors and windows that meet these criteria:

(i) They provide an effective barrier against fugitive dust emissions under paragraph (c)(1)(iv); and (ii) The unit is designed and operated in a fashion that assures that wastes will not actually come in contact with these openings.

(3) Incompatible hazardous wastes or treatment reagents must not be placed in the unit or its secondary containment system if they could cause the unit or secondary containment system to leak, corrode, or otherwise fail.

(4) A containment building must have a primary barrier designed to withstand the movement of personnel, waste, and handling equipment in the unit during the operating life of the unit and appropriate for the physical and chemical characteristics of the waste to be managed.

(b) For a containment building used to manage hazardous wastes containing free liquids or treated with free liquids (the presence of which is determined by the paint filter test, a visual examination, or other appropriate means), the owner or operator must include:

(1) A primary barrier designed and constructed of materials to prevent the migration of hazardous constituents into the barrier (e.g., a geomembrane covered by a concrete wear surface).

(2) A liquid collection and removal system to minimize the accumulation of liquid on the primary barrier of the containment building:

(i) The primary barrier must be sloped to drain liquids to the associated collection system; and (ii) Liquids and waste must be collected and removed to minimize hydraulic head on the containment system at the earliest practicable time.

(3) A secondary containment system including a secondary barrier designed and constructed to prevent migration of hazardous constituents into the barrier, and a leak detection system that is capable of detecting failure of the primary barrier and collecting accumulated hazardous wastes and liquids at the earliest practicable time.

(i) The requirements of the leak detection component of the secondary containment system are satisfied by installation of a system that is, at a minimum:

1. (A) Constructed with a bottom slope of 1 percent or more; and (B) Constructed of a granular drainage material with a hydraulic conductivity of 1x10 -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 3x10 -5 m 2 /sec or more.

(ii) If treatment is to be conducted in the building, an area in which such treatment will be conducted must be designed to prevent the release of liquids, wet materials, or liquid aerosols to other portions of the building.

(iii) The secondary containment system must be constructed of materials that are chemically resistant to the waste and liquids managed in the containment building and of sufficient strength and thickness to prevent collapse under the pressure exerted by overlaying materials and by any equipment used in the containment building. (Containment buildings can serve as secondary containment systems for tanks placed within the building under certain conditions. A containment building can serve as an external liner system for a tank, provided it meets the requirements of § 264.193(e)(1). In addition, the containment building must meet the requirements of § 264.193(b) and § § 264.193(c) (1) and (2) to be considered an acceptable secondary containment system for a tank.)

(4) The State shall recognize any delay granted to existing units, other than 90-day generator units, that received approval from EPA by meeting the requirements of 40 CFR 264.1101(b)(4).

(c) Owners or operators of all containment buildings must:

(1) Use controls and practices to ensure containment of the hazardous waste within the unit; and, at a minimum:

(i) Maintain the primary barrier to be free of significant cracks, gaps, corrosion, or other deterioration that could cause hazardous waste to be released from the primary barrier;

(ii) Maintain the level of the stored/treated hazardous waste within the containment walls of the unit so that the height of any containment wall is not exceeded;

(iii) Take measures to prevent the tracking of hazardous waste out of the unit by personnel or by equipment used in handling the waste. An area must be designated to decontaminate equipment and any rinsate must be collected and properly managed; and (iv) Take measures to control fugitive dust emissions such that any openings (doors, windows, vents, cracks, etc.) exhibit no visible emissions (see 40 CFR Part 60, Appendix A, Method 22-Visual Determination of Fugitive Emissions from Material Sources and Smoke Emissions from Flares). In addition, all associated particulate collection devices (e.g., fabric filter, electrostatic precipitator) must be operated and maintained with sound air pollution control practices (see 40 CFR Part 60 Subpart 292 for guidance). This state of no visible emissions must be maintained effectively at all times during routine operating and maintenance conditions, including when vehicles and personnel are entering and exiting the unit.

(2) Obtain certification by a qualified registered professional engineer that the containment building design meets the requirements of paragraphs (a) through (c) of this section. For units placed into operation prior to February 18, 1993, this certification must be placed in the facility's operating record (on-site files for generators who are not formally required to have operating records) 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.

(3) Throughout the active life of the containment building, if the owner or operator detects a condition that could lead to or has caused a release of hazardous waste, must repair the condition promptly, in accordance with the following procedures:

(i) Upon detection of a condition that has led to a release of hazardous waste (e.g., upon detection of leakage from the primary barrier) the owner or operator must:

1. (A) Enter a record of the discovery in the facility operating record;
   1. (B) Immediately remove the portion of the containment building affected by the condition from service;
      1. (C) Determine what steps must be taken to repair the containment building, remove any leakage from the secondary collection system, and establish a schedule for accomplishing the cleanup and repairs; and (D) Within 7 days after the discovery of the condition, notify the Director of the condition, and within 14 working days, provide a written notice to the Director with a description of the steps taken to repair the containment building, and the schedule for accomplishing the work.

(ii) The Director will review the information submitted, make a determination regarding whether the containment building must be removed from service completely or partially until repairs and cleanup are complete, and notify the owner or operator of the determination and the underlying rationale in writing.

(iii) Upon completing all repairs and cleanup the owner or operator must notify the Director in writing and provide a verification, signed by a qualified, registered professional engineer, that the repairs and cleanup have been completed according to the written plan submitted in accordance with paragraph (c)(3)(i)(D) of this section.

(4) Inspect and record in the facility operating record, at least once every seven days, data gathered from monitoring and leak detection equipment as well as the containment building and the area immediately surrounding the containment building to detect signs of releases of hazardous waste.

(d) For containment buildings that contain areas both with and without secondary containment, the owner or operator must:

(1) Design and operate each area in accordance with the requirements enumerated in paragraphs (a) through (c) of this section;

(2) Take measures to prevent the release of liquids or wet materials into areas without secondary containment; and (3) Maintain in the facility's operating log a written description of the operating procedures used to maintain the integrity of areas without secondary containment.

(e) Notwithstanding any other provision of this subpart the Director may waive requirements for secondary containment for a permitted containment building where the owner operator demonstrates that the only free liquids in the unit are limited amounts of dust suppression liquids required to meet occupational health and safety requirements, and where containment of managed wastes and liquids can be assured without a secondary containment system. § 264.1102 Closure and Post-Closure Care.

(a) At closure of a containment building, 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. The closure plan, closure activities, cost estimates for closure, and financial responsibility for containment buildings must meet all of the requirements specified in Subpart G of this part, and the requirements of Part 266 of these regulations.

(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, the owner or operator must close the facility and perform post-closure care in accordance with the closure and post-closure requirements that apply to landfills ( § 264.310). In addition, for the purposes of closure, post- closure, and financial responsibility, such a containment building 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 the requirements of Part 266 of these regulations. § § 264.1103 through 264.1110 [Reserved] Appendices to Part 264 Appendix I -- Recordkeeping Instructions The recordkeeping provisions of § 264.73 specify that an owner or operator must keep a written operating record at his/her facility. This appendix provides additional instructions for keeping portions of the operating record. See § 264.73(b) for additional record keeping requirements. The following information must be recorded, as it becomes available, and maintained in the operating record until closure of the facility in the following manner: Records of each hazardous waste received, treated, stored, or disposed of at the facility which include the following:

(1) A description by its common name and the EPA Hazardous Waste Number(s) from Part 261 of these regulations which apply to the waste. The waste description also must include the waste's physical form, i.e., liquid, sludge, solid, or contained gas. If the waste is not listed in Part 261, Subpart D, of these regulations, the description also must include the process that produced it (for example, solid filter cake from production of__, EPA Hazardous Waste Number W051). Each hazardous waste listed in Part 261, Subpart D, of these regulations, and each hazardous waste characteristic defined in Part 261, Subpart C, of these regulations, has a four digit EPA Hazardous Waste Number assigned to it. This number must be used for recordkeeping and reporting purposes. Where a hazardous waste contains more than one listed hazardous waste, or where more than one hazardous waste characteristic applies to the waste, the waste description must include all applicable EPA Hazardous Waste Numbers.

(2) The estimated or mascots-reported weight, or volume and density, where applicable, in one of the units of measure specified in Table 1;

(3) The method(s) (by handling code(s) as specified in Table 2) and date(s) of treatment, storage, or disposal.

Table 1 TABLE 2 HANDLING CODES FOR TREATMENT, STORAGE, AND DISPOSAL METHODS. Enter the handling code(s) listed below that most closely represents the technique(s) used at the facility to treat, store, or dispose of each quantity of hazardous waste received.

1. Storage S01 Container (barrel, drum, etc.)

S02 Tank S03 Waste pile S04 Surface impoundment S05 Drip Pad S06 Containment Building (Storage)

S99 Other Storage (specify)

2. Treatment (a) Thermal Treatment T06 Liquid injection incinerator T07 Rotary kiln incinerator T08 Fluidized bed incinerator T09 Multiple hearth incinerator T10 Infrared furnace incinerator T11 Molten salt destructor T12 Pyrolysis T13 Wet Air oxidation T14 Calcination T15 Microwave discharge T18 Other (specify)

(b) Chemical Treatment T19 Absorption mound T20 Absorption field T21 Chemical fixation T22 Chemical oxidation T23 Chemical precipitation T24 Chemical reduction T25 Chlorination T26 Chlorinolysis T27 Cyanide destruction T28 Degradation T29 Detoxification T30 Ion Exchange T31 Neutralization T32 Ozonation T33 Photolysis T34 Other (specify)

(c) Physical Treatment (1) Separation of components:

T35 Centrifugation T36 Clarification T37 Coagulation T38 Decanting T39 Encapsulation T40 Filtration T41 Flocculation T42 Flotation T43 Foaming T44 Sedimentation T45 Thickening T46 Ultrafiltration T47 Other (specify)

(2) Removal of Specific Components:

T48 Absorption-molecular sieve T49 Activated carbon T50 Blending T51 Catalysis T52 Crystallization T53 Dialysis T54 Distillation T55 Electrodialysis T56 Electrolysis T57 Evaporation T58 High gradient magnetic separation T59 Leaching T60 Liquid ion exchange T61 Liquid-liquid extraction T62 Reverse osmosis T63 Solvent recovery T64 Stripping T65 Sand filter T66 Other (specify)

(d) Biological Treatment T67 Activated sludge T68 Aerobic lagoon T69 Aerobic tank T70 Anaerobic tank T71 Composting T72 Septic tank T73 Spray irrigation T74 Thickening filter T75 Tricking filter T76 Waste stabilization pond T77 Other (specify)

T78-79 [Reserved] (e) Boilers and Industrial Furnaces T80 Boiler T81 Cement Kiln T82 Lime Kiln T83 Aggregate Kiln T84 Phosphate Kiln T85 Coke Oven T86 Blast Furnace T87 Smelting, Melting, or Refining Furnace T88 Titanium Dioxide Chloride Process Oxidation Reactor T89 Methane Reforming Furnace T90 Pulping Liquor Recovery Furnace T91 Combustion Device Used in the Recovery of Sulfur Values from Spent Sulfuric Acid T92 Halogen Acid Furnaces T93 Other Industrial Furnaces Listed in § 260.10 (specify) (f) Other Treatment T94 Containment Building (Treatment)

3. Disposal D79 Underground Injection D80 Landfill D81 Land treatment D82 Ocean Disposal D83 Surface Impoundment (to be closed as a landfill)

D99 Other Disposal (specify)

4. Miscellaneous (Subpart X)

X01 Open Burning/Open Detonation X02 Mechanical Processing X03 Thermal Unit X04 Geologic Repository X99 Other Subpart X (specify)

Appendix II -- [Reserved] Appendix III -- [Reserved] Appendix IV -- Cochran's Approximation to the Bebrens-Fisher Students' T-Test Using all the available background data (n b readings), calculate the background mean (X B ) and background variance (S b 2 ) For the single monitoring well under investigation (n m reading), calculate the monitoring mean (X m ) and monitoring variance (S m 2 ). For any set of data ( X 1 , X 2 , . , X n ) the mean is calculated by: and the variance is calculated by.

where “n” denotes the number of observations in the set of data. The t-test uses these data summary measures to calculate a t-statistic (t * ) and a comparison t-statistic (t c ). The t * value is compared to the t c value and a conclusion reached as to whether there has been a statistically significant change in any indicator parameter. The t-statistic for all parameters except pH and similar monitoring parameters is: If the value of this t-statistic is negative then there is no significant difference between the monitoring data and background data. It should be noted that significantly small negative values may be indicative of a failure of the assumption made for test validity or errors have been made in collecting the background data.

The t-statistic (t c ), against which t * will be compared, necessitates finding t b and t m from standard (one- tailed) tables where, t b = t-tables with (n b -1) degrees of freedom, at the 0.05 level of significance. t m = t-tables with (n m -1) degrees of freedom, at the 0.05 level of significance. Finally, the special weightings W B and W m are defined as: and so the comparison t-statistic is:

The t-statistic (t * ) is now compared with the comparison t-statistic (t c ) using the following decision-rule: If t * is equal to or larger than t c , then conclude that there most likely has been a significant increase in this specific parameter.

If t * is less than t c , then conclude that most likely there has not been a change in this specific parameter. The t-statistic for testing pH and similar monitoring parameters is constructed in the same manner as previously described except the negative sign (if any) is discarded and the caveat concerning the negative value is ignored. The standard (two-tailed) tables are used in the construction t c for pH and similar monitoring parameters.

If t * is equal to or larger than t c , then conclude that there most likely has been a significant increase (if the initial t * had been negative, this would imply a significant decrease). If t * is less than t c , then conclude that there most likely has been no change.

A further discussion of the test may be found in Statistical Methods (6th Edition, Section 4.14) by G. W. Snedecor and W. G. Cochran, or Principles and Procedures of Statistics (1st Edition, Section 5.8) by R.

G. D. Steel and J. H. Torrie.

1. Standard T-Tables 0.05 Level of Significance Appendix V -- Examples Of Potentially Incompatible Waste Many hazardous wastes, when mixed with other waste or materials at a hazardous waste facility, can produce effects which are harmful to human health and the environment, such as (1) heat or pressure, (2) fire or explosion, (3) violent reaction, (4) toxic dusts, mists, fumes, or gases, or (5) flammable fumes or gases.

Below are examples of potentially incompatible wastes, waste components, and materials, along with the harmful consequences which result from mixing materials in one group with materials in another group. The list is intended as a guide to owners or operators of treatment, storage, and disposal facilities, and to enforcement and permit granting officials, to indicate the need for special precautions when managing these potentially incompatible waste materials or components. This list is not intended to be exhaustive. An owner or operator must, as the regulations require, adequately analyze his/her wastes so that he/she can avoid creating uncontrolled substances or reactions of the type listed below, whether they are listed below or not. It is possible for potentially incompatible wastes to be mixed in a way that precludes a reaction (e.g., adding acid to water rather than water to acid) or that neutralizes them (e.g., a strong acid mixed with a strong base), or that controls substances produced (e.g., by generating flammable gases in a closed tank equipped so that ignition cannot occur, and burning the gases in an incinerator). In the lists below, the mixing of a Group A material with a Group B material may have the potential consequence as noted.

Source: “Law, Regulations, and Guidelines for Handling of Hazardous Waste.” California Department of Health, February 1975.

Appendix VI – Political Jurisdictions* In Which Compliance With § 264.18( a ) Must Be Demonstrated.

1. COLORADO Archuleta Mineral Conejos Rio Grande Hinsdale Saguache * These include counties, city-county consolidations, independent cities. Appendix VII – [Reserved] Appendix VIII – [Reserved] Appendix IX – Groundwater Monitoring List 1 2 3 Common name CAS RN Chemical abstracts service index name Acenaphthene 83-32-9 Acenaphthylene, 1,2-dihydro- Acenaphthylene 208-96-8 Acenaphthylene Acetone 67-64-1 2-Propanone Acetophenone 98-86-2 Ethanone, 1-phenyl- Acetonitrile; Methyl cyanide 75-05-8 Acetonitrile 2-Acetylaminofluorene; 2- 53-96-3 Acetamide, N-9H-fluoren-2-yl- AAF Acrolein 107-02-8 2-Propenal Acrylonitrile 107-13-1 2-Propenenitrile Aldrin 309-00-2 1,4:5,8-Dimethanonaphthalene, 1,2,3,4,10,10- hexachloro- 1,4,4a,5,8,8a-hexahydro- (1α,4α,4aβ,5α,8α,8aβ)- Allyl chloride 107-05-1 1-Propene, 3-chloro- 4-Aminobiphenyl 92-67-1 [1,1'-Biphenyl]-4-amine Aniline 62-53-3 Benzenamine Anthracene 120-12-7 Anthracene Antimony (Total) Antimony Aramite 140-57-8 Sulfurous acid, 2-chloroethyl 2-[4-(1,1- dimethylethyl)phenoxy]-1-methylethyl ester Arsenic (Total) Arsenic Barium (Total) Barium Benzene 71-43-2 Benzene Benzo[a]anthracene; 56-55-3 Benz[a]anthracene Benzanthracene Benzo[b]fluoranthene 205-99-2 Benz[e]acephenanthrylene Benzo[k]fluoranthene 207-08-9 Benzo[k]fluoranthene Benzo[ghi]perylene 191-24-2 Benzo[ghi]perylene Benzo[a]pyrene 50-32-8 Benzo[a]pyrene Benzyl alcohol 100-51-6 Benzenemethanol Beryllium (Total) Beryllium alpha-BHC 319-84-6 Cyclohexane, 1,2,3,4,5,6-hexachloro-,(1α,- 2α,3β,4α,5β,6β)- beta-BHC 319-85-7 Cyclohexane, 1,2,3,4,5,6-hexachloro- ,(1α,2β,3α,4β,5α,6β)- 1 2 3 Common name CAS RN Chemical abstracts service index name delta-BHC 319-86-8 Cyclohexane, 1,2,3,4,5,6-hexachloro-,(1α,2α, 3α,4β,5α,6β)- gamma-BHC; Lindane 58-89-9 Cyclohexane, 1,2,3,4,5,6-hexachloro- ,(1α,2α,3β,4α,5α,6β)- Bis(2-chloroethoxy)- 111-91-1 Ethane, 1,1'-[methylenebis (oxy)]bis[2-chloro- methane Bis(2-chloroethyl)ether 111-44-4 Ethane, 1,1'-oxybis[2-chloro- Bis(2-chloro-1-methyl-ethyl) 108-60-1 Propane, 2,2'-oxybis[1-chloro- ether; 2,2'-Di- chlorodiisopropyl ether Bis(2-ethylhexyl) phthalate 117-81-7 1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl)ester Bromodichloromethane 75-27-4 Methane, bromodichloro- Bromoform; 75-25-2 Methane, tribromo- Tribromomethane 4-Bromophenyl phenyl ether 101-55-3 Benzene, 1-bromo-4-phenoxy- Butyl benzyl phthalate; 85-68-7 1,2-Benzenedicarboxylic acid, butyl phenylmethyl ester Benzyl butyl phthalate Cadmium (Total) Cadmium Carbon disulfide 75-15-0 Carbon disulfide Carbon tetrachloride 56-23-5 Methane, tetrachloro- Chlordane 57-74-9 4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-octachloro- 2,3,3a,4,7,7a-hexahydro- p-Chloroaniline 106-47-8 Benzenamine, 4-chloro- Chlorobenzene 108-90-7 Benzene, chloro- Chlorobenzilate 510-15-6 Benzeneacetic acid, 4-chloro-α-(4-chlorophenyl)-α - hydroxy-, ethyl ester p-Chloro-m-cresol 59-50-7 Phenol, 4-chloro-3-methyl- Chloroethane; Ethyl chloride 75-00-3 Ethane, chloro- Chloroform 67-66-3 Methane, trichloro- 2-Chloronaphthalene 91-58-7 Naphthalene, 2-chloro- 2-Chlorophenol 95-57-8 Phenol, 2-chloro- 4-Chlorophenyl phenyl ether 7005-72-3 Benzene, 1-chloro-4-phenoxy- Chloroprene 126-99-8 1,3-Butadiene, 2-chloro- Chromium (Total) Chromium Chrysene 218-01-9 Chrysene Cobalt (Total) Cobalt 1 2 3 Common name CAS RN Chemical abstracts service index name Copper (Total) Copper m-Cresol 108-39-4 Phenol, 3-methyl- o-Cresol 95-48-7 Phenol, 2-methyl- p-Cresol 106-44-5 Phenol, 4-methyl- Cyanide 57-12-5 Cyanide 2,4-D; 2,4-Dichlor- 94-75-7 Acetic acid, (2,4-dichlorophenoxy)- ophenoxyacetic acid 4,4'-DDD 72-54-8 Benzene 1,1'-(2,2-dichloroethylidene)bis[4-chloro- 4,4'-DDE 72-55-9 Benzene, 1,1'-(dichloroethenylidene)bis[4-chloro- 4,4'-DDT 50-29-3 Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-chloro- Diallate 2303-16-4 Carbamothioic acid, bis(1-methylethyl)- , S- (2,3- dichloro-2-propenyl) ester Dibenz[a,h]anthracene 53-70-3 Dibenz[a,h]anthracene Dibenzofuran 132-64-9 Dibenzofuran Dibromochloromethane; 124-48-1 Methane, dibromochloro- Chlorodibromomethane 1,2-Dibromo-3- 96-12-8 Propane, 1,2-dibromo-3-chloro- chloropropane; DBCP 1,2-Dibromoethane; 106-93-4 Ethane, 1,2-dibromo- Ethylene dibromide Di-n-butyl phthalate 84-74-2 1,2-Benzenedicarboxylic acid, dibutyl ester o-Dichlorobenzene 95-50-1 Benzene, 1,2-dichloro- m-Dichlorobenzene 541-73-1 Benzene, 1,3-dichloro- p-Dichlorobenzene 106-46-7 Benzene, 1,4-dichloro- 3,3'-Dichlorobenzidine 91-94-1 [1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro- trans-1,4-Dichloro-2-butene 110-57-6 2-Butene, 1,4-dichloro-, (E)- Dichlorodifluoromethane 75-71-8 Methane, dichlorodifluoro- 1,1-Dichloroethane 75-34-3 Ethane, 1,1-dichloro- 1,2-Dichloroethane; 107-06-2 Ethane, 1,2-dichloro- Ethylene dichloride 1,1-Dichloroethylene; 75-35-4 Ethene, 1,1-dichloro- Vinylidene chloride trans-1,2-Dichloroethylene 156-60-5 Ethene, 1,2-dichloro-, (E)- 2,4-Dichlorophenol 120-83-2 Phenol, 2,4-dichloro- 2,6-Dichlorophenol 87-65-0 Phenol, 2,6-dichloro- 1,2-Dichloropropane 78-87-5 Propane, 1,2-dichloro- 1 2 3 Common name CAS RN Chemical abstracts service index name cis-1,3-Dichloropropene 10061-01- 1-Propene, 1,3-dichloro-, (Z)- trans-1,3-Dichloropropene 10061-02- 1-Propene, 1,3-dichloro-, (E)- Dieldrin 60-57-1 2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9- hexachloro-1a,2,2a,3,6,6a,-7,7a-octahydro-, (1aα,2β,2aα,3β,6β,6aα,7β,7aα)- Diethyl phthalate 84-66-2 1,2-Benzenedicarboxylic acid, diethyl ester O,O-Diethyl O-2-pyra-zinyl 297-97-2 Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester phosphorothioate; Thionazin Dimethoate 60-51-5 Phosphorodithioic acid, O,O-dimethyl S-[2- (methylamino)-2-oxoethyl] ester p- 60-11-7 Benzenamine, N,N-dimethyl-4-(phenylazo)- (Dimethylamino)azobenzene 7,12- 57-97-6 Benz[a]anthracene, 7,12-dimethyl- Dimethylbenz[a]anthracene 3,3'-Dimethylbenzidine 119-93-7 [1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethyl- alpha, alpha- 122-09-8 Benzeneethanamine, α, α-dimethyl- Dimethylphenethylamine 2,4-Dimethylphenol 105-67-9 Phenol, 2,4-dimethyl- Dimethyl phthalate 131-11-3 1,2-Benzenedicarboxylic acid, dimethyl ester m-Dinitrobenzene 99-65-0 Benzene, 1,3-dinitro- 4,6-Dinitro-o-cresol 534-52-1 Phenol, 2-methyl-4,6-dinitro- 2,4-Dinitrophenol 51-28-5 Phenol, 2,4-dinitro- 2,4-Dinitrotoluene 121-14-2 Benzene, 1-methyl-2,4-dinitro- 2,6-Dinitrotoluene 606-20-2 Benzene, 2-methyl-1,3-dinitro- Dinoseb; DNBP; 2-sec- 88-85-7 Phenol, 2-(1-methylpropyl)-4,6-dinitro- Butyl-4,6-dinitro-phenol Di-n-octyl phthalate 117-84-0 1,2-Benzenedicarboxylic acid, dioctyl ester 1,4-Dioxane 123-91-1 1,4-Dioxane Diphenylamine 122-39-4 Benzenamine, N-phenyl- Disulfoton 298-04-4 Phosphorodithioic acid, O,O-diethyl S-[2- (ethylthio)ethyl]ester Endosulfan I 959-98-8 6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10- hexachloro-1,5,5a,6,9,9a-hexahydro-, 3-oxide, (3α,5aβ,6α,9α,9aβ)- Endosulfan II 33213-65- 6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10- 9 hexachloro- 1,5,5a,6,9,9a-hexahydro-, 3-oxide, (3α,5aα,6β,9β,9aα)- 1 2 3 Common name CAS RN Chemical abstracts service index name Endosulfan sulfate 1031-07-8 6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10- hexachloro- 1,5,5a,6,9,9a-hexahydro-, 3,3-dioxide Endrin 72-20-8 2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9- hexachloro-1a,2,2a,3,6,6a,-7,7a-octahydro-, (1aα, 2β,2aβ,3α,6α, 6aβ,7β,7aα)- Endrin aldehyde 7421-93-4 1,2,4-Methenocyclopenta[cd]pentalene-5- carboxaldehyde, 2,2a,3,3,4,7-hexachlorodecahydro-, (1α,2β,2aβ,4β,4aβ,-5β,6aβ,6bβ,7R*)- Ethylbenzene 100-41-4 Benzene, ethyl- Ethyl methacrylate 97-63-2 2-Propenoic acid, 2-methyl-, ethyl ester Ethyl methanesulfonate 62-50-0 Methanesulfonic acid, ethyl ester Famphur 52-85-7 Phosphorothioic acid, O-[4- [(dimethylamino)sulfonyl]phenyl]-O,O-dimethyl ester Fluoranthene 206-44-0 Fluoranthene Fluorene 86-73-7 9H-Fluorene Heptachlor 76-44-8 4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro- 3a,4,7,7a-tetrahydro- Heptachlor epoxide 1024-57-3 2,5-Methano-2H-indeno[1,2-b]oxirene, 2,3,4,5,6,7,7- heptachloro-1a,1b,5,5a,-6,6a,-hexahydro-,(1aα,1bβ, 2α,5α,5aβ,6β,6aα)

Hexachlorobenzene 118-74-1 Benzene, hexachloro- Hexachlorobutadiene 87-68-3 1,3-Butadiene, 1,1,2,3,4,4-hexachloro- Hexachlorocyclopentadiene 77-47-4 1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro- Hexachloroethane 67-72-1 Ethane, hexachloro- Hexachlorophene 70-30-4 Phenol, 2,2'-methylenebis[3,4,6-trichloro- Hexachloropropene 1888-71-7 1-Propene, 1,1,2,3,3,3-hexachloro- 2-Hexanone 591-78-6 2-Hexanone Indeno(1,2,-3-cd)pyrene 193-39-5 Indeno[1,2,3-cd]pyrene Isobutyl alcohol 78-83-1 1-Propanol, 2-methyl- Isodrin 465-73-6 1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10- hexachloro-1,4,4a,5,8,8a hexahydro-(1α,4α,4aβ,5β, 8β,8aβ)- Isophorone 78-59-1 2-Cyclohexen-1-one, 3,5,5-trimethyl- Isosafrole 120-58-1 1,3-Benzodioxole, 5-(1-propenyl)- Kepone 143-50-0 1,3,4-Metheno-2H-cyclobuta- [cd]pentalen-2-one, 1,1a,3,3a,4,5,5,5a,5b,6-decachloro-octahydro- 1 2 3 Common name CAS RN Chemical abstracts service index name Lead (Total) Lead Mercury (Total) Mercury Methacrylonitrile 126-98-7 2-Propenenitrile, 2-methyl- Methapyrilene 91-80-5 1,2,Ethanediamine, N,N-dimethyl-N'-2-pyridinyl-N'- (2- thienylmethyl)- Methoxychlor 72-43-5 Benzene, 1,1'-(2,2,2,trichloroethylidene)bis [4- methoxy- Methyl bromide; 74-83-9 Methane, bromo- Bromomethane Methyl chloride; 74-87-3 Methane, chloro- Chloromethane 3-Methylcholanthrene 56-49-5 Benz[j]aceanthrylene, 1,2-dihydro-3-methyl- Methylene bromide; 74-95-3 Methane, dibromo- Dibromomethane Methylene chloride; 75-09-2 Methane, dichloro- Dichloromethane Methyl ethyl ketone; MEK 78-93-3 2-Butanone Methyl iodide; Iodomethane 74-88-4 Methane, iodo- Methyl methacrylate 80-62-6 2-Propenoic acid, 2-methyl-, methyl ester Methyl methanesulfonate 66-27-3 Methanesulfonic acid, methyl ester 2-Methylnaphthalene 91-57-6 Naphthalene, 2-methyl- Methyl parathion; Parathion 298-00-0 Phosphorothioic acid, O,O-dimethyl O-(4-nitrophenyl) methyl ester 4-Methyl-2-pentanone; 108-10-1 2-Pentanone, 4-methyl- Methyl isobutyl ketone Naphthalene 91-20-3 Naphthalene 1,4-Naphthoquinone 130-15-4 1,4-Naphthalenedione 1-Naphthylamine 134-32-7 1-Naphthalenamine 2-Naphthylamine 91-59-8 2-Naphthalenamine Nickel (Total) Nickel o-Nitroaniline 88-74-4 Benzenamine, 2-nitro- m-Nitroaniline 99-09-2 Benzenamine, 3-nitro- p-Nitroaniline 100-01-6 Benzenamine, 4-nitro- Nitrobenzene 98-95-3 Benzene, nitro- o-Nitrophenol 88-75-5 Phenol, 2-nitro- p-Nitrophenol 100-02-7 Phenol, 4-nitro- 1 2 3 Common name CAS RN Chemical abstracts service index name 4-Nitroquinoline 1-oxide 56-57-5 Quinoline, 4-nitro-, 1-oxide N-Nitrosodi-n-butylamine 924-16-3 1-Butanamine, N-butyl-N-nitroso- N-Nitrosodiethylamine 55-18-5 Ethanamine, N-ethyl-N-nitroso- N-Nitrosodimethylamine 62-75-9 Methanamine, N-methyl-N-nitroso- N-Nitrosodiphenylamine 86-30-6 Benzenamine, N-nitroso-N-phenyl- N-Nitrosodipropylamine; Di- 621-64-7 1-Propanamine, N-nitroso-N-propyl- n-propylnitrosamine N-Nitrosomethylethylamine 10595-95- Ethanamine, N-methyl-N-nitroso- N-Nitrosomorpholine 59-89-2 Morpholine, 4-nitroso- N-Nitrosopiperidine 100-75-4 Piperidine, 1-nitroso- N-Nitrosopyrrolidine 930-55-2 Pyrrolidine, 1-nitroso- 5-Nitro-o-toluidine 99-55-8 Benzenamine, 2-methyl-5-nitro- Parathion 56-38-2 Phosphorothioic acid, O,O-diethyl-O-(4-nitrophenyl) ester Polychlorinated biphenyls; See Note 4 1,1'-Biphenyl, chloro derivatives PCBs Polychlorinated dibenzo-p- See Note 5 Dibenzo[b,e][1,4]dioxin, chloro derivatives dioxins; PCDDs Polychlorinated See Note 6 Dibenzofuran, chloro derivatives dibenzofurans; PCDFs Pentachlorobenzene 608-93-5 Benzene, pentachloro- Pentachloroethane 76-01-7 Ethane, pentachloro- Pentachloronitrobenzene 82-68-8 Benzene, pentachloronitro- Pentachlorophenol 87-86-5 Phenol, pentachloro- Phenacetin 62-44-2 Acetamide, N-(4-ethoxyphenyl)

Phenanthrene 85-01-8 Phenanthrene Phenol 108-95-2 Phenol p-Phenylenediamine 106-50-3 1,4-Benzenediamine Phorate 298-02-2 Phosphorodithioic acid, O,O-diethyl S- [(ethylthio)methyl] ester 2-Picoline 109-06-8 Pyridine, 2-methyl- Pronamide 23950-58- Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)- Propionitrile; Ethyl cyanide 107-12-0 Propanenitrile Pyrene 129-00-0 Pyrene 1 2 3 Common name CAS RN Chemical abstracts service index name Pyridine 110-86-1 Pyridine Safrole 94-59-7 1,3-Benzodioxole, 5-(2-propenyl)- Selenium (Total) Selenium Silver (Total) Silver Silvex; 2,4,5-TP 93-72-1 Propanoic acid, 2-(2,4,5-trichlorophenoxy)- Styrene 100-42-5 Benzene, ethenyl- Sulfide 18496-25- Sulfide 2,4,5-T; 2,4,5-Tri- 93-76-5 Acetic acid, (2,4,5-trichlorophenoxy)- chlorophenoxyacetic acid 2,3,7,8-TCDD; 2,3,7,8-T- 1746-01-6 Dibenzo[b,e][1,4]dioxin, 2,3,7,8-tetrachloro- Tetrachlorodibenzo-p-dioxin 1,2,4,5-Tetrachlorobenzene 95-94-3 Benzene, 1,2,4,5-tetrachloro- 1,1,1,2-Tetrachloroethane 630-20-6 Ethane, 1,1,1,2-tetrachloro- 1,1,2,2-Tetrachloroethane 79-34-5 Ethane, 1,1,2,2-tetrachloro- Tetrachloroethylene; 127-18-4 Ethene, tetrachloro- Perchloroethylene;

Tetrachloroethene 2,3,4,6-Tetrachlorophenol 58-90-2 Phenol, 2,3,4,6-tetrachloro- Tetraethyl 3689-24-5 Thiodiphosphoric acid ([(HO)2P(S)]2O), tetraethyl ester dithiopyrophosphate;

Sulfotepp Thallium (Total) Thallium Tin (Total) Tin Toluene 108-88-3 Benzene, methyl- o-Toluidine 95-53-4 Benzenamine, 2-methyl- Toxaphene 8001-35-2 Toxaphene 1,2,4-Trichlorobenzene 120-82-1 Benzene, 1,2,4-trichloro- 1,1,1-Trichloroethane; 71-55-6 Ethane, 1,1,1-trichloro- Methylchloroform 1,1,2-Trichloroethane 79-00-5 Ethane, 1,1,2-trichloro- Trichloroethylene; 79-01-6 Ethene, trichloro- Trichloroethene Trichlorofluoromethane 75-69-4 Methane, trichlorofluoro- 2,4,5-Trichlorophenol 95-95-4 Phenol, 2,4,5-trichloro- 2,4,6-Trichlorophenol 88-06-2 Phenol, 2,4,6-trichloro- 1 2 3 Common name CAS RN Chemical abstracts service index name 1,2,3-Trichloropropane 96-18-4 Propane, 1,2,3-trichloro- O,O,O-Triethyl 126-68-1 Phosphorothioic acid, O,O,O-triethyl ester phosphorothioate sym-Trinitrobenzene 99-35-4 Benzene, 1,3,5-trinitro- Vanadium (Total) Vanadium Vinyl acetate 108-05-4 Acetic acid, ethenyl ester Vinyl chloride 75-01-4 Ethene, chloro- Xylene (total) 1330-20-7 Benzene, dimethyl- Zinc (Total) Zinc FOOTNOTE: 1Common names are those widely used in government regulations, scientific publications, and commerce; synonyms exist for many chemicals.

FOOTNOTE: 2Chemical Abstracts Service registry number. Where “Total” is entered, all species in the ground water that contain this element are included.

FOOTNOTE: 3CAS index names are those used in the 9th Cumulative Index. FOOTNOTE: 4Polychlorinated biphenyls (CAS RN 1336-36-3); this category contains congener chemicals, including constituents of Aroclor-1016 (CAS RN 12674-11-2), Aroclor-1221 (CAS RN 11104-28-2), Aroclor-1232 (CAS RN 11141-16-5), Aroclor-1242 (CAS RN 53469-21-9), Aroclor-1248 (CAS RN 12672-29-6), Aroclor-1254 (CAS RN 11097-69-1), and Aroclor-1260 (CAS RN 11096-82- 5).

FOOTNOTE: 5This category contains congener chemicals, including tetrachlorodibenzo-p-dioxins (see also 2,3,7,8-TCDD), pentachlorodibenzo-p-dioxins, and hexachlorodibenzo-p-dioxins. FOOTNOTE: 6This category contains congener chemicals, including tetrachlorodibenzofurans, pentachlorodibenzofurans, and hexachlorodibenzofurans.

_________________________________________________________________________ Editor’s Notes 6 CCR 1007-3 has been divided into smaller sections for ease of use. Versions prior to 4/30/2004 and rule history are located in the first section, 6 CCR 1007-3. Prior versions can be accessed from the All Versions list on the rule’s current version page. To view versions effective after 4/30/2004, select the desired part of the rule, for example 6 CCR 1007-3 Part 260, or 6 CCR 1007-3 Part 8. History [For history of this section, see Editor’s Notes in the first section, 6 CCR 1007-3]