4265.1 The provisions of 40 CFR Part 265 (Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities) and Appendices I and III through VI to Part 265 are incorporated by reference, subject to the general modifications in 20 DCMR §§ 4200 through 4206 and the specific modifications in this section.

4265.2 The provisions of 40 CFR Part 265, Subpart A (general provisions), are adopted with the following modifications:

1. (a) In 40 CFR § 265.1, pertaining to the purpose, scope, and applicability of Part 265:
2. (1) The provisions of 40 CFR § 265.1(c)(4), which clarify that the requirements of Part 265 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 § 265.1(c)(5), the provisions of § 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 § 265.1(c)(7), the provisions of § 262.34 (accumulation time), incorporated by reference, are subject to modification in 20 DCMR § 4262.4; and
5. (4) The provisions of 40 CFR § 265.1(c)(12) (reduced requirements for transfer facilities), are excluded from the incorporation by reference.
6. (b) With respect to 40 CFR § 265.4 (imminent hazard action), the Director 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)).

4265.3 The substitution of terms specified in 20 DCMR § 4201.8(a) and (b) shall not apply to 40 CFR § 265.12 (required notices).

4265.4 With respect to 40 CFR § 265.76 (unmanifested waste report), the provisions of § 261.5, incorporated by reference, are modified in 20 DCMR § 4261.7.

4265.5 The provisions of 40 CFR §§ 265.112(d)(3)(ii) and 265.118(e)(2) (submission of closure plan and post-closure plan) are also applicable following the issuance of a court order or final administrative order under §§ 4, 10, 11, or 12 of the District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code §§ 8-1303(b), 8-1309 to 8-1311, to cease receiving hazardous wastes or close.

4265.6 The provisions of 40 CFR Part 265, Subpart H (Financial Requirements) are adopted with the following modifications:

(a) The provisions of 40 CFR §§ 265.143(c)(8) and 265.145(c)(9) are also applicable following a final administrative determination 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

final closure in accordance with the approved closure plan, or post-closure care in accordance with the approved post-closure plan and other permit requirements, as applicable;

(b) With respect to 40 CFR §§ 265.143(g), 265.145(g), and 265.147(a)(1)(i), whenever the federal regulation requires 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) With respect to 40 CFR §§ 265.143, 265.145, 265.147, and 265.148, the provisions of 40 CFR § 264.151, incorporated by reference, are subject to modification in 20 DCMR § 4264.7(b).

(d) With respect to 40 CFR § 265.147(d), the provisions of 40 CFR § 124.5, incorporated by reference, are subject to modification in 20 DCMR § 4271.3; and

(e) The provisions of 40 CFR §§ 265.149 and 265.150, pertaining to use of state-required mechanisms and state assumption of responsibility, are excluded from the incorporation by reference.

4265.7 In addition to the requirements of 40 CFR Part 265, Subpart I (Use and Management of Containers), the owner or operator shall comply with the containment system requirements in 40 CFR § 264.175 and the closure requirements in § 264.178.

4265.8 The provisions of 40 CFR Part 265, Subpart J (Tank Systems) are adopted with the following modifications:

(a) In 40 CFR § 265.191(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 § 265.191(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 § 265.193(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.

4265.9 The provisions of 40 CFR Part 265, Subpart W (Drip Pads) are adopted with the following modifications:

(a) In 40 CFR § 265.440(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 with F034 and F035 wastes) is September 29, 2000; and

(b) In 40 CFR § 265.440(c)(1)(iv), the cross-reference to "Federal regulations" shall refer instead to "District regulations."

4265.10 In 40 CFR §§ 265.1031, 265.1051, and 265.1081 (definitions for air emission standards in Part 265, 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 (2001)).

4265.11 In 40 CFR § 265.1033(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).