4264.1 The provisions of 40 CFR Part 264 (Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities) and Appendices I, IV, V, and IX to Part 264, are incorporated by reference, subject to the general modifications in 20 DCMR §§ 4200 through 4206 and the specific modifications in this section.

4264.2 The provisions of 40 CFR Part 264, Subpart A (general provisions), are adopted with the following modifications:

1. (a) In 40 CFR § 264.1, pertaining to the purpose, scope, and applicability of Part 264:
2. (1) The provisions of 40 CFR § 264.1(f), which clarify that the requirements of Part 264 do not apply to an owner or operator in an EPA-authorized state, are excluded from the incorporation by reference;
3. (2) With respect to 40 CFR § 264.1(g)(1), the provisions of 40 CFR § 261.5 (special requirements for hazardous waste generated by conditionally exempt small quantity generators), incorporated by reference, are subject to modification in 20 DCMR § 4261.7;
4. (3) With respect to 40 CFR § 264.1(g)(3), the provisions of 40 CFR § 262.34 (accumulation time), incorporated by reference, are subject to modification in 20 DCMR § 4262.4; and
5. (4) The provisions of 40 CFR § 264.1(g)(9), pertaining to transfer facilities, are excluded from the incorporation by reference.
6. (b) With respect to 40 CFR § 264.4 (imminent hazard action) the Department may bring enforcement actions pursuant to §§ 4, 8, 10, 11, and 12 of the District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978, as amended (D.C. Law 2-64; D.C. Official Code §§ 8-1303(b), 8-1307(c) and (d), 8-1309, 8-1310, and 8-1311 (2001)).

4264.3 The substitution of terms specified in 20 DCMR § 4201.8(a) and (b) shall not apply to 40 CFR § 264.12 (required notices).

4264.4 With respect to the lead-in paragraph to 40 CFR § 264.76 (unmanifested waste report), the provisions of 40 CFR § 261.5, incorporated by reference, are modified in 20 DCMR § 4261.7.

4264.5 The substitution of terms specified in 20 DCMR § 4208.1(a) and (b) shall not apply to the provisions in 40 CFR Part 264, Subpart F (releases from solid waste management units) relating to corrective action.

4264.6 The provisions of 40 CFR § 264.112(d)(3) (closure deadlines) are also applicable following issuance of a court order or final administrative order under §§ 10, 11, or 12 of the District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code §§ 8-1309 to 8-1311.

4264.7 The provisions of 40 CFR Part 264, Subpart H (Financial Requirements), are adopted with the following modifications:

(a) The provisions of 40 CFR §§ 264.143(c)(5) and (d)(8) and 264.145(c)(5) and (d)(9)

are also applicable following a final administrative decision pursuant to §§ 4, 10, or 12 of the District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code §§ 8-1303(b), 8-1309, or 8-1311(a), that the owner or operator has failed to perform post-closure care in accordance with the post-closure plan and other permit requirements;

(b) With respect to 40 CFR §§ 264.143(h), 264.145(h), 264.147(a)(1)(i) and (b)(1)(i), and 264.151, whenever the federal regulations require that owners and operators notify several Regional Administrators of their financial responsibilities or liability coverage, the owners and operators shall notify the Director and:

(1) Other state agencies regulating hazardous waste, if the facilities are located in EPA-authorized states; or

(2) The appropriate EPA Regional Administrators, if the facilities are located in unauthorized states;

(c) In 40 CFR § 264.147(c) and (d), the cross-reference to § 124.5 shall refer instead to 20 DCMR § 4271.3; and

(d) The provisions of 40 CFR §§ 264.149 and 264.150, pertaining to the use of state-required mechanisms and state assumption of responsibility, are excluded from the incorporation by reference.

4264.8 The provisions of 40 CFR Part 264, Subpart J (Tank Systems), are adopted with the following modifications:

(a) In 40 CFR § 264.191(a), the compliance date for HSWA tanks is the date stated in the federal regulation. The compliance date for non-HSWA tanks is March 1, 1997;

(b) In 40 CFR § 264.191(c), the effective date for HSWA tanks is the date stated in the federal regulation. The effective date for non-HSWA tanks is March 1, 1996; and

(c) In 40 CFR § 264.193(a)(2) through (5), the compliance dates for HSWA tanks are counted from the dates stated in the federal regulation. For non-HSWA tanks, the compliance dates are counted from March 1, 1996.

4264.9 The substitution of terms specified in 20 DCMR § 4201.8(a) and (b) shall not apply to 40 CFR Part 264, Subpart S (Special Provisions for Cleanup).

4264.10 The provisions of 40 CFR Part 264, Subpart W (Drip Pads), are adopted with the following modifications:

(a) With respect to 40 CFR § 264.570(a), the compliance date for HSWA drip pads (drip pads that convey F032 waste) is the date stated in the federal regulation. The compliance date for non-HSWA drip pads (drip pads that convey F034 and F035 wastes) is September 29, 2000; and

(b) In 40 CFR § 264.570(c)(1)(iv), the cross-reference to "Federal regulations" shall refer instead to "District regulations."

4264.11 In 40 CFR §§ 264.1031, 264.1051, and 264.1081 (definitions for the air emission standards in Part 264, Subparts AA, BB, and CC), the cross-references to the "Act" shall refer instead to § 3 of the District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code § 8-1302.

4264.12 In 40 CFR § 264.1033(a)(2)(iii) (standards for closed-vent systems and control devices), the phrase 'EPA regulatory amendment' shall refer instead to the phrase 'EPA or Department regulatory amendment.'

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).