S.C. Code Ann. Regs. 61-79.264
SUBPART A
General
264.1. Purpose, scope and applicability.
(c) The requirements of this regulation 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 under R.61-79.270, in a RCRA-type permit.
[Comment: These R.61-79.264 regulations apply to the treatment or storage of hazardous waste before it is loaded onto an ocean vessel for incineration or disposal at sea.]
(d) The requirements of this regulation apply to a person disposing of hazardous waste by means of underground injection subject to a permit issued under the Underground Injection Control (UIC) Regulations R.61-87 only to the extent required by R.61-79.270.60(b) and 44-55-10 et seq.
[Comment: These R.61-79.264 regulations apply to the aboveground treatment or storage of hazardous waste before it is injected underground.]
(g) The requirements of this regulation do not apply to:
(7) [Reserved]
(ii) An owner or operator of a facility otherwise regulated by this regulation 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 regulation and R.61-79.124 and R.61-79.270 for those activities.
(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:
(11) Universal waste handlers and universal waste transporters (as defined in R.61-79.260.10) handling the wastes listed below. These handlers are subject to regulation under R.61-79.273, when handling the below listed universal wastes.
(ii) Pesticides as described in 273.3;
(iii) Mercury-containing equipment as described in 273.4;
(j) The requirements of subparts B, C, and D of this part and 264.101 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 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:
(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 Department that:
(13) Maintain records documenting compliance with paragraphs (j)(1) through (j)(12) of this section.
264.3. Relationship to interim status standards.
A facility owner or operator who has fully complied with the requirements for interim status — as defined under R.61-79.270.70 and in section 3005(e) of RCRA - must comply with the regulations specified in R.61-79.265 in lieu of the regulations in this part, until final administrative disposition of his permit application is made, except as provided under R.61-79.264, subpart S. (revised 12/92)
[Comment: As stated in Sections 44-56-60 and section 3005(a) of RCRA, after the effective date of regulations under that section, i.e., parts 270 and 124 of this chapter, the treatment, storage, or disposal of hazardous waste is prohibited except in accordance with a permit under these regulations; the statutes. 44-56-60 and Section 3005(e) of RCRA provide for the continued operation of an existing facility which meets certain conditions until final administrative disposition of the owner’s or operator’s permit application is made.] (revised 12/92)
264.4. Imminent hazard action.
Notwithstanding any other provisions of these regulations, enforcement actions may be brought pursuant to Section 44-56-50 of the 1976 South Carolina Code of Laws, as amended, and pursuant to section 7003 of RCRA.
264.5. Notification requirements upon owners and operators of hazardous waste facilities.
(e) Persons engaged in the following activities are required to make a separate notification:
(1) Producers of fuels from; identified or
(ii) Used oil; and
(iii) Used oil and any other material.
(3) Distributors or marketers of any fuel as identified in paragraph 1 above.
SUBPART B
General Facility Standards
264.10. Applicability.
(b) Section 264.18(b) applies only to facilities subject to regulation under Subparts I through O of this part and Subpart X.
264.11. Identification number.
(b) An owner or operator of a hazardous waste facility who has not previously received an EPA identification number may obtain one by submitting the Site Identification Form required under 264.5. Every facility owner or operator must apply for an EPA identification number in accordance with the notification procedures under 264.5.
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:
(4) As per section 262.84(g), such owner or operator shall:
(c) Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the postclosure care period, the owner or operator must notify the new owner or operator in writing of the requirements of this part and R.61-79.270.
(2) The analysis may include data developed under R.61-79.261, 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 analyses 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 data base required to comply with paragraph (a)(1). The owner or operator of an offsite facility may arrange for the generator of the hazardous waste to supply part or all of the information required by paragraph (a)(1) except as otherwise specified in 268.7(b) and (c). 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:
[Comment: An owner’s or operator’s failure to notify the new owner or operator of the requirements of this part in no way relieves the new owner or operator of his obligation to comply with all applicable requirements.]
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 must obtain a detailed chemical and physical analysis of a representative sample of the wastes. At a minimum, the 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 regulation or with the conditions of a permit issued under R.61-79.268, .270, Subparts A and B, and R.61-79.124. (amended 11/90)
(b) The owner or operator must develop and follow a written waste analysis plan which describes the procedures which he will carry out to comply with paragraph (a). He must keep this plan at the facility. At a minimum, the plan must specify:
(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:
(ii) An equivalent sampling method.
[Comment: See 260.21 of this chapter for related discussion.]
(7) For surface impoundments exempted from land disposal restrictions under Section 268.4(a), the procedures and schedules for:
(ii) The analysis of test data; and
(B) Where no treatment standards have been established:
(iii) The annual removal of residues which are not delisted under Section 260.22 of this chapter or which exhibit a characteristic of hazardous waste and either:
(8) For owners and operators seeking an exemption to the air emission standards of subpart CC in accordance with 264.1082-
(c) For offsite facilities, the waste analysis plan required in paragraph (b) 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:
(3) The procedures that the owner or operator of an offsite 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.
[Comment: R.61-79.270 requires that the waste analysis plan be submitted with Part B of the permit application.] (revised 12/92)
(d) [Removed 12/92]
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 facility, unless he can demonstrate to the Department that:
(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.
[Comment: R.61-79.270 requires an owner or operator who wishes to make the demonstration referred to above must do so with Part B of the permit application issued under these regulations.]
(b) Unless the owner or operator has made a successful demonstration under paragraphs (a)(1) and (a)(2) above, 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
(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).
[Comment: The requirements of paragraph (b) are satisfied if the facility or plant within which the active portion is located itself has a surveillance system, or a barrier and a means to control entry, which complies with the requirements of paragraph (b) (1) or (2).]
(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
(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.
[Comment: See 264.117(b) for discussion of security requirements at disposal facilities during the postclosure care period.]
264.15. General inspection requirements.
(a) The owner or operator must inspect his facility for malfunctions and deterioration, operator errors, and discharges which may be causing-or may lead to-(1) 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.
(d) The owner or operator must record inspections in an inspection log or summary. He 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.
(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:
(ii) Key parameters for automatic waste feed cut-off system;
(iii) Communications or alarm systems;
264.16. Personnel training.
(a)(1) Facility personnel must successfully complete a program of classroom instruction or 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).
[Comment: Part 270 requires that owners and operators submit with Part B of the permit application, an outline of the training program used (or to be used) at the facility and a brief description of how the training program is designed to meet actual job tasks.]
(d) The owner or operator must maintain the following documents and records at the facility:
(f) R.61-79.270 Subpart B requires that owners and operator submit, with Part B of the permit application, an outline of the training program used (or to be used) at the facility and a brief description of how the training program is designed to meet actual job tasks.
264.17. General requirements for ignitable, reactive, or incompatible wastes.
(b) Where specifically required by other Sections of this regulation, the owner or operator of a facility that treats, stores or disposes ignitable or reactive waste, or mixes incompatible waste or incompatible wastes and other materials, must take precautions to prevent reactions which:
(c) When required to comply with paragraphs (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 analysis (as specified in Section 264.13 above), or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions.
264.18. Location standards. [See also R.61-104]
(a) Seismic considerations.
(2) As used in paragraph (a)(1) of this section:
(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.
[Comment: Comment: Procedures for demonstrating compliance with this standard in Part B of the permit application are specified in R.61-79.270.14(b)(11). Facilities which are located in political jurisdictions other than those listed in Appendix VI of this part, are assumed to be in compliance with this requirement.] (revised 12/92)
(b) Floodplains.
(1) A facility located in a 100-year floodplain must be designed, constructed, operated, and maintained to prevent washout of any hazardous waste by a 100-year flood, unless the owner or operator can demonstrate to the Department satisfaction that:
(ii) For existing surface impoundments, waste piles, land treatment units, landfills and miscellaneous units, no adverse effects on human health or the environment will result if washout occurs, considering:
(D) The impact of hazardous constituents on the sediments of affected surface waters or the soils of the 100-year floodplain that could result from washout.
[Comment: The location where wastes are moved must be a facility which is either permitted under part 270 or in interim status under parts 270 and 265.]
(2) As used in paragraph (b)(1) of this Section:
(ii) “Washout” means the movement of hazardous waste from the active portion of the facility as a result of flooding.
(iii) As used in paragraph (b)(1) of this Section: “100-year flood” means a flood that has a one percent chance of being equalled or exceeded in any given year.
[Comment: (1) Requirements pertaining to other laws which affect the location and permitting of facilities are found in 270.3 of this chapter and R.61-104. For details, see also EPA’s manual for SEA (special environmental area) requirements for hazardous waste facility permits. Applicants are advised to consider them in planning the location of a facility to help prevent subsequent project delays.]
(d) [Removed 12/92]
264.19. Construction quality assurance program.
(a) CQA program.
(2) The CQA program must address the following physical components, where applicable:
(ii) Dikes;
(iii) Low-permeability soil liners;
(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 that will be used to monitor and document the quality of materials and the condition and manner of their installation. The CQA plan must include:
(c) Contents of program.
(1) The CQA program must include observations, inspections, tests, and measurements sufficient to ensure:
(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.
(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 270.30(l)(2)(ii) of this chapter has been completed. Documentation supporting the CQA officers certification must be furnished to the Department upon request.
(e) [Removed 12/92]
[Comment: Part 270 requires that an owner or operator who wishes to make the demonstration referred to above must do so with Part B of the permit application.]
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.
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 Subpart A, Section 264.1 provides otherwise.
264.31. Design and operation of facility.
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, or surface water which could threaten human health or the environment.
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:
(b) If there is ever just one employee on the premises while the facility is operating, he 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 Section 264.32 above.
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.
[Comment: Part 270 of this chapter requires that an owner or operator who wishes to make the demonstration referred to above must do so with Part B of the permit application.]
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 facility and the potential need for the services of these organizations:
(b) Where State or local authorities decline to enter into such arrangements, the owner or operator must document the refusal in the operating record.
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 Subpart A, Section 264.1 provides otherwise.
264.51. Purpose and implementation of contingency plan.
(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.
(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.)
(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.
[Comment: The contingency plan must be submitted to the Department with Part B of the permit application under part 270 and, after modification or approval, will become a condition of any permit.]
264.54. Amendment of contingency plan.
The contingency plan must be reviewed, and immediately amended, if necessary, whenever:
(f) [Reserved]
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 short 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.
[Comment: The emergency coordinator’s responsibilities are more fully spelled out in 264.56. Applicable responsibilities for the emergency coordinator vary, depending on factors such as type and variety of waste(s) handled by the facility, and type and complexity of the facility.]
264.56. Emergency procedures.
264.53. Copies of contingency plan.
A copy of the contingency plan and all revisions to the plan must be:
(a) Whenever there is an imminent or actual emergency situation, the emergency coordinator (or his designee when the emergency coordinator is on call) must immediately:
(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 must report his findings as follows:
(2) He must immediately notify the Department (using its 24-hour number 803-253-6488) and the government official designated as the on-scene coordinator for that geographical area, and the National Response Center (using their 24-hour toll free number 800/424-8802). The report must include:
(ii) Name and address of facility;
(iii) Time and type of incident (e.g., release fire);
(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.
[Comment: Unless the owner or operator can demonstrate, in accordance with R.61-79.261.3(c) or (d), that the recovered material is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must manage it in accordance with all applicable requirements of R.61-79.262 Standards Applicable to Generators of Hazardous Waste, R.61-79.263 Standards Applicable to Transporters of Hazardous Waste and R.61-79.264. (amended 11/90)]
(h) The emergency coordinator must ensure that, in the affected area(s) of the facility:
(i) 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 must submit a written report on the incident to the Department. The report must include:
(7) Estimated quantity and disposition of recovered material that resulted from the incident.
SUBPART E
Manifest System, Recordkeeping, and Reporting
264.70. Applicability.
(b) The revised Manifest form and procedures in 260.10, 261.7, 264.70, 264.71. 264.72, and 264.76, shall not apply until September 5, 2006. The Manifest form and procedures in 260.10, 261.7, 264.70, 264.71. 264.72, and 264.76, contained in parts 260 to 265, edition revised as of July 1, 2004, shall be applicable until September 5, 2006.
(2) If a facility receives a hazardous waste shipment accompanied by a manifest, the owner, operator, or his or her agent must:
(ii) Note any discrepancies (as defined in section 264.72(a)) on each copy of the manifest;
(iii) Immediately give the transporter at least one (1) copy of the manifest;
(v) Paper manifest submission requirements are:
(3) The owner or operator of a facility receiving hazardous waste subject to part 262 subpart H, from a foreign source must:
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.
(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 agent, must;
(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.
[Comment: The Department does not intend that the owner or operator of a facility whose procedures under 264.13(c) include waste analysis must perform that analysis before signing the shipping paper and giving it to the transporter. Section 264.72(b), however, requires reporting an unreconciled discrepancy discovered during later analysis.]
(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
[Comment: Section 262.23(c) of this chapter requires the generator to send three copies of the manifest to the facility when hazardous waste is sent by rail or water (bulk shipment).]
(f) Legal equivalence to paper manifests. Electronic manifests that are obtained, completed, and transmitted in accordance with Section 262.20(a)(3) of this chapter, 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.
(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:
(j) Imposition of user fee for electronic manifest use.
(l) Post-receipt manifest data corrections. After facilities have certified to the receipt of hazardous wastes by signing Item 20 of the manifest, any post-receipt data corrections may be submitted at any time by any interested person (e.g., waste handler) shown on the manifest.
(2) Each correction submission must include the following information:
(ii) The item number(s) of the original manifest that is the subject of the submitted correction(s); and
(iii) For each item number with corrected data, the data previously entered and the corresponding data as corrected by the correction submission.
(3) Each correction submission shall include a statement that the person submitting the corrections certifies that to the best of his or her knowledge or belief, the corrections that are included in the submission will cause the information reported about the previously received hazardous wastes to be true, accurate, and complete:
(5) Other interested persons shown on the manifest may respond to the submitter’s corrections with comments to the submitter, or by submitting another correction to the system, certified by the respondent as specified in paragraph (l)(3) of this section, and with notice of the corrections to other interested persons shown on the manifest.
264.72. Manifest discrepancies.
(a) Manifest discrepancies are:
(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 fifteen (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), 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 of the container residue identification.
(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 this chapter and the following instructions:
(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 this chapter and the following instructions:
(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) 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.
(b) The following information must be recorded, as it becomes available, and maintained in the operating record for three years unless noted as follows:
(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 that shows each cell or disposal area. For all facilities, this information must include cross references to 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 264.119 for related requirements] (amended 11/90)
(19) Certifications as required by 264.196(f) must be maintained in the operating record until closure of the facility.
264.74. Availability, retention, and disposition of records.
(c) A copy of records of waste disposal locations and quantities under Section 264.73(b)(2) must be submitted to the Department and local land authority upon closure of the facility.
264.75. Quarterly report.
(a) Each owner or operator of a hazardous waste facility shall, no later than thirty (30) days after the end of each calendar quarter, submit a written report to the Department including (revised 12/92)
(c) Each owner or operator shall retain a copy of the report required in paragraphs (a) and (b) for a period of three (3) years.
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 section 263.20(e), and if the waste is not excluded from the manifest requirement by this chapter, then the owner or operator must prepare and submit a letter to the Department within fifteen (15) days after receiving the waste. The unmanifested waste report must contain the following information:
(b) [Reserved]
(e) For generators who treat, store, or dispose of hazardous waste onsite, a description of the changes in the volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for the years prior to 1984.
264.78. Hazardous waste contingency fund fees [see Sections 44-56-170 & -510].
A check payable to the Department for the amount of the following fees:
(F) Fees imposed by this subsection must be collected by the facility at which it is incinerated and remitted to the State Treasurer to be credited to the general fund of the State. For purposes of this subsection, “incineration” includes hazardous waste incinerators, boilers, and industrial furnaces.
SUBPART F
Groundwater Protection—Releases From Solid Waste Management Units
264.90. Applicability.
(a)(1) Except as provided in paragraph (b) of this section, the regulations in this subpart apply to owners and 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.
264.77. Additional reports.
In addition to submitting the reports described in 264.75 and 264.76, each owner or operator of an applicable hazardous waste facility must submit the groundwater reports required under 264.97(i) and furnish additional reports concerning their hazardous waste activities including the following: (amended 11/90)
(b) The owner or operator’s regulated unit or units are not subject to regulation for releases into the uppermost aquifer under this section if:
(2) He operates a unit which the Department finds:
(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,
(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 containment layer prior to the end of the post-closure care period.
(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:
(f) The Department 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 (as defined in 270.1(c)(7)) where the Department determines that: (8/00)
(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:
(b) The owner or operator shall specify in the permit application the specific elements of the monitoring and response program. The owner or operator shall include one or more of the programs identified in paragraph (a) of this section in the permit application 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 institute a particular program, the owner or operator shall 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. Groundwater protection standard.
The owner or operator must comply with the conditions specified in the facility permit that are designed to ensure that hazardous constituents under 264.93 detected in the groundwater 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 groundwater protection standard in the facility permit when hazardous constituents have been detected in the groundwater. (amended 11/90)
264.93. Hazardous constituents.
(b) The Department will consider exclusion of an Appendix VIII constituent from the list of hazardous constituents specified in the permit application if the owner or operator can demonstrate to the Department that the constituent is not capable of posing a substantial present or potential hazard to human health or the environment. In making such demonstration, the owner or operator shall consider the following:
(1) Potential adverse effects on groundwater quality, considering:
(ii) The hydrogeological characteristics of the facility and surrounding land;
(iii) The quantity of groundwater and the direction of groundwater flow;
(vi) The existing quality of groundwater, including other sources of contamination and their cumulative impact on the groundwater 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;
(2) Potential adverse effects on hydraulically-connected surface water quality, considering:
(ii) The hydrogeological characteristics of the facility and surrounding land;
(iii) The quantity and quality of groundwater, and the direction of groundwater flow;
(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;
(c) In making any determination under paragraph (b) of this section about the use of groundwater in the area around the facility, the Department will consider any identification of underground sources of drinking water and exempted aquifers made under Section 48-1-50 of the Code of Laws.
264.94. Concentration Limits.
(a) The owner or operator shall specify in his permit application concentration limits in the groundwater for hazardous constituents established under Section 264.93. The concentration of a hazardous constituent:
(b) The Department will consider establishing an alternate concentration limit for a hazardous constituent if the owner or operator can demonstrate to the Department 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 making such demonstration the owner or operator shall consider the following factors:
(1) Potential adverse effects on groundwater quality, considering:
(ii) The hydrogeological characteristics of the facility and surrounding land;
(iii) The quantity of groundwater and the direction of groundwater flow;
(vi) The existing quality of groundwater, including other sources of contamination and their cumulative impact on the groundwater 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;
| 264.94 Table 1—Maximum Concentration of Constituents for | |
| Groundwater Protection | |
| Constituent | Maximum Concentration1 |
| 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-endo, endo-5, 8-dimethano naphthalene | 0.0002 |
| Lindane (1,2,3,4,5,6-hexachlorocyclohexane, gamma isomer) | 0.004 |
| Methoxychlor (1,1,1-Trichloro-2,2 bis p-methoxyphenylethane) | |
| Toxaphene (C10-H10-Cl16, Technical chlorinated camphene, 67-69 percent chlorine) | 0.005 |
| 2, 4-D (2,4-Dichlorophenoxyacetic acid) | 0.1 |
| 2,4,5-TP Silvex (2,4,5-Trichlorophenoxy- propionic acid) | 0.01 |
| 1Milligrams per liter. |
(2) Potential adverse effects on hydraulically-connected surface-water quality, considering:
(ii) The hydrogeological characteristics of the facility and surrounding land;
(iii) The quantity and quality of groundwater, and the direction of groundwater flow;
(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;
(c) In making any determination under paragraph (b) of this section about the use of groundwater in the area around the facility the Department will consider any identification of underground sources of drinking water and exempted aquifers made under Section 48-1-50 of the Code of Laws.
264.95. Point of compliance.
(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.
(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.
(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 groundwater protection standard of Section 264.92 has not been exceeded for period of three consecutive years.
(a) The groundwater monitoring system must consist of a sufficient number of wells, installed at appropriate locations and depths to yield groundwater samples from the uppermost aquifer that:
(1) Represent the quality of background ground water that has not been affected by leakage from a regulated unit;
(i) A determination of background ground-water quality may include sampling of wells that are not hydraulically upgradient of the waste management area where:
(d) The groundwater monitoring program must include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide a reliable indication of groundwater quality below the waste management area. At a minimum the program must include procedures and techniques for:
(g) In detection monitoring or where appropriate in compliance monitoring, data on each hazardous constituent specified in the permit application 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 groundwater 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:
(h) The owner or operator will specify one of the following statistical methods to be used in evaluating groundwater 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 Section 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.
(i) Any statistical method chosen under Section 264.97(h) for specification in the unit permit shall comply with the following performance standards, as appropriate:
(k) Report to the Department no later than thirty (30) days after the end of the quarter, semi-annual or annual period specified, the groundwater data and determinations made pursuant to the following paragraphs:
(3) Paragraph (d) of Section 264.100, Correction Action Program.
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 groundwater. The owner or operator shall specify the parameters or constituents to be monitored in the facility permit application, after considering the following factors:
(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.
(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:
(4) Within 90 days, submit to the Department a permit application modification to establish a compliance monitoring program meeting the requirements of Section 264.99. The application must include the following information:
(ii) Any proposed changes to the groundwater monitoring system at the facility necessary to meet the requirements of Section 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 Section 264.99;
(5) Within 180 days, submit to the Department:
(ii) An engineering feasibility plan for a corrective action program necessary to meet the requirement of Section 264.100, unless:
(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 groundwater. 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: (amended 11/90)
(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
(i) [Removed 12/93]
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 groundwater to determine whether regulated units are in compliance with the groundwater protection standard under 264.92. The Department will specify the groundwater protection standard in the facility permit, including: (amended 11/90)
(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). (amended 11/90):
(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.
(h) If the owner or operator determines pursuant to the paragraph (d) of this section that any concentration limits under Section 264.94 are being exceeded at any monitoring well at the point of compliance he or she must:
(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) If the owner or operator determines, pursuant to paragraph (d) of this section, that the groundwater 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 groundwater. In making a demonstration under this paragraph, the owner or operator must:
(k) [Removed 12/93]
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 groundwater protection standard under 264.92. The RCRA-type permit application will specify the groundwater protection standard, including:
(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 Section 264.93 that exceed concentration limits under Section 264.94 in groundwater;
(h) If the owner or operator determines that the corrective action program no longer satisfies the requirements of this section, he must, within 90 days, submit an application for a permit modification to make any appropriate changes to the program.
264.101. Corrective action for solid waste management units.
264.97. General groundwater monitoring requirements.
The owner or operator must comply with the following requirements for any groundwater monitoring program developed to satisfy 264.98, 264.99, or 264.100:
(f) If not otherwise proposed as part of a plan submitted for approval by the Department, the general design, construction, and location of monitoring wells installed for the purpose of investigating groundwater contamination from solid waste management units will be submitted to the Department for approval prior to installation. (6/95)
(b) Sections 264.116 through 264.120 (which concern postclosure care) apply to the owners and operators of:
(c) The Department 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), where the Department determines that:
(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:
(c) Complies with the closure requirements of this part, including, but not limited to, the requirements of 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 264.351, and 264.601 through 264.603, and 264.1102. (revised 12/92)
264.112. Closure plan; amendment of plan.
SUBPART G
Closure and Post-Closure
264.110. Applicability.
Except as 264.1 provides otherwise:
(a) Written plan.
(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:
(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 applicable procedures in R.61-79.124 and R.61-79.270. The written request must include a copy of the amended closure plan for review and approval by the Department. (amended 11/90)
(2) The owner or operator must submit a written request for a permit modification to authorize a change in the approved closure plan whenever:
(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.
(d) Notification of partial closure and final closure.
(2) The date when he “expects to begin closure” must be either:
(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 nonhazardous 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 onsite, 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 RCRA-type permit and demonstrates that: (amended 11/90)
(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
(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 nonhazardous 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: (amended 11/90)
(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 nonhazardous wastes if the owner or operator complies with paragraphs (d) and (e) of this section; and
(c) The demonstrations referred to in paragraphs (a)(1) and (b)(1) of this section must be made as follows:
(d) The Department may allow an owner or operator to receive only nonhazardous wastes in a landfill, land treatment, or surface impoundment unit after the final receipt of hazardous wastes at that unit if: (amended 11/90)
(1) The owner or operator requests a permit modification in compliance with all applicable requirements in parts 270 and 124 of this title and in the permit modification request demonstrates that:
(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
(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) and the SC Pollution Control Act 48-1-50 must: (11/90; 12/92; 12/93)
(1) Submit with the request to modify the permit:
(4) If a release that is a statistically significant increase (or a 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 groundwater 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:
(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.
(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 he shall:
(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.
(v) The final determinations made by the Department under paragraphs (e)(7)(iii) and (iv) of this section are not subject to administrative appeal.
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 Sections 264.197, 264.228, 264.258, 264.280, or 264.310. 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 R.61-79.262.
264.115. Certification of closure.
Within 60 days of completion of closure of each hazardous waste surface impoundment, waste pile, land treatment, and landfill unit, and within 60 days of the completion of final closure, the owner or operator must submit to the Department by registered mail, a certification that the hazardous waste management unit or facility, as applicable, has been closed in accordance with the specifications in the approved closure plan. The certification must be signed by the owner or operator and by a qualified Professional Engineer Documentation supporting the Professional Engineer’s certification must be furnished to the Department upon request until he releases the owner or operator from the financial assurance requirements for closure under 264.143(i).
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 landfill cells or other hazardous waste disposal units with respect to permanently surveyed benchmarks. This plat must be prepared and certified by a professional land surveyor. The plat filed with the local zoning authority, or the authority with jurisdiction over local land use, must contain a note, prominently displayed, which states the owner’s or operator’s obligation to restrict disturbance of the hazardous waste disposal unit in accordance with the applicable R.61-79.264 Subpart G regulations.
264.117. Postclosure care and use of property.
(a)(1) Post-closure care for each hazardous waste management unit subject to the requirements of Sections 264.117 through 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:
(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 postclosure period for a particular unit, the Department may, in accordance with the permit modification procedures in R.61-79.124 and R.61-79.270.
(b) The Department may require, at partial and final closure, continuation of any of the security requirements of Section 264.14 during part or all of the post-closure period when:
(c) Post-closure use of property on or in which hazardous wastes remain after partial or final closure must never be allowed to disturb the integrity of the final cover, liner(s), or any other components of any containment system, or the function of the facility’s monitoring systems, unless the Department finds that the disturbance:
(d) All post-closure care activities must be in accordance with the provisions of the approved post-closure plan as specified in Section 264.118.
264.118. Postclosure plan; amendment of plan.
(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:
(2) A description of the planned maintenance activities, and frequencies at which they will be performed, to ensure:
(d) Amendment of plan. The owner or operator must submit a written notification of or a request for a permit modification to authorize a change in the approved post-closure plan in accordance with the applicable requirements in Parts 124 and 270. The written notification or request must include a copy of the amended post-closure plan for review or approval by the Department.
(2) The owner or operator must submit a written notification of or a request for a permit modification to authorize a change in the approved post-closure plan whenever:
(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.
(4) The Department may request modifications to the plan under the conditions described in R.61-79.264 Section 264.118(d)(2). The owner or operator must submit the modified plan no later than 60 days after the Departments 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 R.61-79.124 and R.61-79.270.
264.119. Postclosure notices.
(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, in accordance with State law, a notation on the deed to the facility property-or on some other instrument which is normally examined during title search-that will in perpetuity notify any potential purchaser of the property that:
(ii) Its use is restricted under R.61-79.264 subpart G; and
(iii) The survey plat and record of the type, location, and quantity of hazardous wastes disposed of within each cell or other hazardous waste disposal unit of the facility required by Sections 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 Department; and
(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 must request a modification to the post-closure permit in accordance with the applicable requirements in R.61-79.124 and R.61-79.270. The owner or operator must demonstrate that the removal of hazardous wastes will satisfy the criteria of Section 264.117(c). By removing hazardous waste, the owner or operator may become a generator of hazardous waste and must manage it in accordance with all applicable requirements of these Regulations. If he 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:
(2) The addition of a notation to the deed or instrument indicating the removal of the hazardous waste.
264.120. Certification of completion of post-closure care.
No later than 60 days after completion of the established postclosure care period for each hazardous waste disposal unit, the owner or operator must submit to the Department, by registered mail, a certification that the postclosure care period for the hazardous waste disposal unit was performed in accordance with the specifications in the approved postclosure plan. The certification must be signed by the owner or operator and a qualified Professional Engineer. Documentation supporting the Professional Engineer’s certification must be furnished to the Department upon request until it releases the owner or operator from the financial assurance requirements for postclosure care under 264.145(i).
SUBPART H
Financial Requirements
264.140. Applicability.
(b) The requirements of 264.144 and 264.145 apply only to owners and operators of:
(d) The requirements of 264.152, 264.153, and 264.154 apply to the owners and operators of offsite treatment, storage and disposal facilities.
264.141. Definitions of terms as used in this subpart.
(f) The following terms are used in the specifications for the financial tests for closure, post-closure care, and liability coverage. The definitions are intended to assist in the understanding of these regulations and are not intended to limit the meanings of terms in a way that conflicts with generally accepted accounting practices.
“Assets” means all existing and all probable future economic benefits obtained or controlled by a particular entity.
“Current assets” means cash or other assets or resources commonly identified as those which are reasonably expected to be realized in cash or sold or consumed during the normal operating cycle of the business.
“Current liabilities” means obligations whose liquidation is reasonably expected to require the use of existing resources properly classifiable as current assets or the creation of other current liabilities.
“Current plugging and abandonment cost estimate” means the most recent of the estimates prepared in accordance with SC Safe Drinking Water Act 44-55-10 et seq. and Federal 40 CFR 144.62(a),(b) and (c). (amended 6/89, 12/92)
“Independently audited” refers to an audit performed by an independent certified public accountant in accordance with generally accepted auditing standards.
“Liabilities” means probable future sacrifices of economic benefits arising from present obligations to transfer assets or provide services to other entities in the future as a result of past transactions or events.
“Net working capital” means current assets minus current liabilities.
“Net worth” means total assets minus total liabilities and is equivalent to owner’s equity.
“Tangible net worth” means the tangible assets that remain after deducting liabilities; such assets would not include intangibles such as goodwill and rights to patents or royalties.
(g) In the liability insurance requirements the terms “bodily injury” and “property damage” shall have the meanings given these terms by applicable State law. However, these terms do not include those liabilities which, consistent with standard industry practices, are excluded from coverage in liability policies for bodily injury and property damage. The Agency intends the meanings of other terms used in the liability insurance requirements to be consistent with their common meanings within the insurance industry. The definitions given below of several of the terms are intended to assist in the understanding of these regulations and are not intended to limit their meanings in a way that conflicts with general insurance industry usage.
“Accidental occurrence” means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured.
“Legal defense costs” means any expenses that an insurer incurs in defending against claims of third parties brought under the terms and conditions of an insurance policy.
“Nonsudden accidental occurrence” means an occurrence which takes place over time and involves continuous or repeated exposure.
“Sudden accidental occurrence” means an occurrence which is not continuous or repeated in nature.
(h) “Substantial business relationship” means the extent of a business relationship necessary under applicable State law to make a guarantee contract issued incident to that relationship valid and enforceable. A “substantial business relationship” must arise from a pattern of recent or ongoing business transactions, in addition to the guarantee itself, such that a currently existing business relationship between the guarantor and the owner or operator is demonstrated to the satisfaction of the Department.
264.142. Cost estimate for closure.
(a) The owner or operator must have a detailed written estimate, in current dollars, of the cost of closing the facility in accordance with the requirements in 264.111 through 264.115 and applicable closure requirements in 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 264.351, 264.601 through 264.603, and 264.1102. (amended 11/90, 12/92)
(b) During the active life of the facility, the owner or operator must adjust the closure cost estimate for inflation within 60 days prior to the anniversary date of the establishment of the financial instrument(s) used to comply with Section 264.143. For owners and operators using the financial test or corporate guarantee the closure cost estimate must be updated for inflation within 30 days after the close of the firm’s fiscal year and before submission of updated information to the Department as specified in Section 264.143(f)(3). The adjustment may be made by recalculating the maximum costs of closure in current dollars or by using an inflation factor derived from the most recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its “Survey of Current Business,” as specified in paragraphs (b)(1) and (b)(2) of this Section. The inflation factor is the result of dividing the latest published annual Deflator by the Deflator for the previous year.
(d) The owner or operator must keep the following at the facility during the operating life of the facility: The latest closure cost estimate prepared in accordance with paragraph 264.142(a) and (c) and, when this estimate has been adjusted in accordance with paragraph 264.142(b), the latest adjusted closure cost estimate.
(a) Standby trust fund. [revised 5/93]
(11) The Department will agree to termination of the trust when:
(b) Surety bond guaranteeing payment into a closure trust fund.
(3) The owner or operator who uses a surety bond to satisfy the requirements of this section must also establish a standby trust fund. Under the terms of the bond, all payments made thereunder will be deposited by the surety directly into the standby trust fund in accordance with instructions from the Department. This standby trust fund must meet the requirements specified in Section 264.143(a), except that:
(ii) Until the standby trust fund is funded pursuant to the requirements of this section, the following are not required by these regulations:
(4) The bond must guarantee that the owner or operator will:
(ii) Fund the standby trust fund in an amount equal to the penal sum within 15 days after an administrative order to begin final closure issued by the Department becomes final, or within 15 days after an order to begin final closure is issued by a U.S. District Court or other court of competent jurisdiction; or,
(iii) Provide alternate financial assurance as specified in this section, and obtain the Department’s written approval of the assurance provided, within 90 days after receipt by both the owner or operator and the Department of a notice of cancellation of the bond from the surety.
(c) Surety bond guaranteeing performance of closure.
(3) The owner or operator who uses a surety bond to satisfy the requirements of this section must also establish a standby trust fund. Under the terms of the bond, all payments made thereunder will be deposited by the surety directly into the standby trust fund in accordance with instructions from the Department. This standby trust must meet the requirements specified in Section 264.143(a), except that:
(ii) Unless the standby trust fund is funded pursuant to the requirements of this section, the following are not required by these regulations:
(4) The bond must guarantee that the owner or operator will:
(9) The owner or operator may cancel the bond if the Department has given prior written consent. The Department will provide such written consent when:
(d) Closure letter of credit.
(3) An owner or operator who uses a letter of credit to satisfy the requirements of this section must also establish a standby trust fund. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the Department will be deposited by the issuing institution directly into the standby trust fund in accordance with instructions from the Department. This standby trust fund must meet the requirements of the trust fund specified in Section 264.143(a), except that:
(ii) Unless the standby trust fund is funded pursuant to the requirements of this section, the following are not required by these regulations:
(10) The Department will return the letter of credit to the issuing institution for termination when:
(e) Closure insurance.
(8) The policy must provide that the insurer may not cancel, terminate, or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy must, at a minimum, provide the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may elect to cancel, terminate, or fail to renew the policy by sending notice by certified mail to the owner or operator and the Department. Cancellation, termination, or failure to renew may not occur, however, during the 120 days beginning with the date of receipt of the notice by both the Department and the owner or operator, as evidenced by the return receipts. Cancellation, termination, or failure to renew may not occur and the policy will remain in full force and effect in the event that on or before the date of expiration:
(ii) The permit is terminated or revoked or a new permit is denied; or,
(iii) Closure is ordered by the Department or a State court or other court of competent jurisdiction; or,
(10) The Department will give written consent to the owner or operator that he may terminate the insurance policy when:
(f) Financial test and corporate guarantee for closure.
(1) An owner or operator may satisfy the requirements of this section by demonstrating that he passes a financial test as specified in this paragraph. To pass this test the owner or operator must meet the criteria of either paragraph (f)(1)(i) or (f)(1)(ii) of this section:
(i) The owner or operator must have:
(ii) The owner or operator must have:
(3) To demonstrate that he meets this test, the owner or operator must submit the following items to the Department:
(ii) A copy of the independent certified public accountant’s report on examination of the owner’s or operator’s financial statements for the latest completed fiscal year; and,
(iii) A special report from the owner’s or operator’s independent certified public accountant to the owner or operator stating that:
(9) The owner or operator is no longer required to submit the items specified in paragraph (f)(3) of this section when:
(10) An owner or operator may meet the requirements of this section by obtaining a written guarantee. The guarantor must be the direct or higher-tier parent corporation of the owner or operator, a firm whose parent corporation is also the parent corporation of the owner or operator, or a firm with a “substantial business relationship” with the owner or operator. The guarantor must meet the requirements for owners or operators in paragraphs (f)(1) through (8) of this section and must comply with the terms of the corporate guarantee. The wording of the corporate guarantee must be identical to the wording specified in 264.151(h). The certified copy of the guarantee must accompany the items sent to the Department as specified in paragraph (f)(3) of this section. One of these items must be the letter from the guarantor’s chief financial officer. If the guarantor’s parent corporation is also the parent corporation of the owner or operator, the letter must describe the value received in consideration of the guarantee. If the guarantor is a firm with a “substantial business relationship” with the owner or operator, this letter must describe this “substantial business relationship” and the value received in consideration of the guarantee. The terms of the corporate guarantee must provide that: (revised 12/93)
(ii) The corporate guarantee will remain in force unless the guarantor sends notice of cancellation by certified mail to the owner or operator and to the Department. Cancellation may not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Department, as evidenced by the return receipts.
(iii) If the owner or operator fails to provide alternate financial assurance as specified in this section and obtain the written approval of such alternate assurance from the Department within 90 days after receipt by both the owner or operator and the Department of a notice of cancellation of the corporate guarantee from the guarantor, the guarantor will provide such alternative financial assurance in the name of the owner or operator. Use of multiple financial mechanisms. An owner or operator may satisfy the requirements of this section by establishing more than one financial mechanism per facility. These mechanisms are limited to surety bonds guaranteeing payment into a trust fund, letters of credit, and insurance. The mechanisms must be as specified in paragraphs (a), (b), (c), (d) and (e), respectively, of this section, except that it is the combination of mechanisms, rather than the single mechanism, which must provide financial assurance for an amount at least equal to the current closure cost estimate. A single standby trust fund may be established for two or more mechanisms. The Department may use any or all of the mechanisms to provide for closure of the facility.
(i) Release of the owner or operator from the requirements of this section. Within 60 days after receiving certifications from the owner or operator and a qualified Professional Engineer that final closure has been completed in accordance with the approved closure plan, the Department will notify the owner or operator in writing that he is no longer required by this section to maintain financial assurance for final closure of the facility, unless the Department has reason to believe that final closure has not been in accordance with the approved closure plan. The Department shall provide the owner or operator a detailed written statement of any such reason to believe that closure has not been in accordance with the approved closure plan.
264.144. Cost estimate for postclosure care.
264.143. Financial assurance for closure.
An owner or operator of each facility must establish financial assurance for closure of the facility. He must choose from the options as specified in paragraphs (a) through (f) of this section.
(a) The owner or operator of a disposal surface impoundment, disposal miscellaneous unit, land treatment unit, or landfill unit, or of a surface impoundment or waste pile required under 264.228 and 264.258 to prepare a contingent closure and post-closure plan, must have a detailed written estimate, in current dollars, of the annual cost of post-closure monitoring and maintenance of the facility in accordance with the applicable post-closure regulations in Sections 264.117 through 264.120, 264.228, 264.258, 264.280 and 264.310 and 264.603.
(b) During the active life of the facility and during the postclosure period of the facility, the owner or operator must adjust the postclosure cost estimate for inflation within 60 days prior to the anniversary date of the establishment of the financial instrument(s) used to comply with 264.145. For owners or operators using the financial test or corporate guarantee, the postclosure cost estimate must be updated for inflation within 30 days after the close of the firm’s fiscal year and before the submission of updated information to the Department as specified in 264.145(f)(5). The adjustment may be made by recalculating the postclosure cost estimate in current dollars or by using an inflation factor derived from the most recent Implicit Price Deflator for Gross National Product as published by the U.S. Department of Commerce in its Survey of Current Business as specified in 264.145(b)(1) and (b)(2). The inflation factor is the result of dividing the latest published annual Deflator by the Deflator for the previous year.
(c) During the active life of the facility, the owner or operator must revise the post-closure cost estimate within 30 days after the Department has approved the request to modify the post-closure plan, if the change in the post-closure plan increases the cost of post-closure care. The revised post-closure cost estimate must be adjusted for inflation as specified in Section 264.144(b).
(2) During the postclosure period of the facility, the owner or operator must maintain the information specified in (d)(1) and provide it to the Department upon request.
264.145. Financial assurance for postclosure care.
The owner or operator of a hazardous waste management unit subject to the requirements of 264.144 must establish financial assurance for postclosure care in accordance with the approved postclosure plan for the facility 60 days prior to the initial receipt of hazardous waste or the effective date of the regulation, whichever is later. He must choose from the following options:
(a) Standby trust fund (replaced 5/93).
(12) The Department will agree to termination of the trust when:
(b) Surety bond guaranteeing payment into a postclosure trust fund.
(3) The owner or operator who uses a surety bond to satisfy the requirements of this section must also establish a standby trust fund. Under the terms of the bond, all payments made thereunder will be deposited by the surety directly into the standby trust fund in accordance with instructions from the Department. This standby trust fund must meet the requirements specified in Section 264.145(a), except that:
(ii) Until the standby trust fund is funded pursuant to the requirements of this section, the following are not required by these regulation:
(4) The bond must guarantee that the owner or operator will:
(ii) Fund the standby trust fund in an amount equal to the penal sum within 15 days after an administrative order to begin final closure issued by the Department becomes final, or within 15 days after an order to begin final closure is issued by the State court or other court of competent jurisdiction; or
(iii) Provide alternate financial assurance as specified in this section, and obtain the Department’s written approval of the assurance provided, within 90 days after receipt by both the owner or operator and the Department of a notice of cancellation of the bond from the surety.
(c) Surety bond guaranteeing performance of postclosure care. (amended 11/90)
(3) The owner or operator who uses a surety bond to satisfy the requirements of this section must also establish a standby trust fund. Under the terms of the bond, all payments made thereunder will be deposited by the surety directly into the standby trust fund in accordance with instructions from the Department. This standby trust fund must meet the requirements specified in Section 264.145(a), except that:
(ii) Unless the standby trust fund is funded pursuant to the requirements of this section, the following are not required by these regulations:
(4) The bond must guarantee that the owner or operator will:
(10) The owner or operator may cancel the bond if the Department has given prior written consent. The Department will provide such written consent when:
(d) Postclosure letter of credit.
(3) An owner or operator who uses a letter of credit to satisfy the requirements of this section must also establish a standby trust fund. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the Department will be deposited by the issuing institution directly into the standby trust fund in accordance with instructions from the Department. This standby trust fund must meet the requirements of the trust fund specified in Section 264.145(a) above, except that:
(ii) Unless the standby trust fund is funded pursuant to the requirements of this section, the following are not required by these regulations:
(11) The Department will return the letter of credit to the issuing institution for termination when:
(e) Postclosure insurance.
(8) The policy must provide that the insurer may not cancel, terminate, or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy must, at a minimum, provide the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may elect to cancel, terminate, or fail to renew the policy by sending notice by certified mail to the owner or operator and the Department. Cancellation, termination, or failure to renew may not occur, however, during the 120 days beginning with the date of receipt of the notice by both the Department and the owner or operator, as evidenced by the return receipts. Cancellation, termination, or failure to renew may not occur and the policy will remain in full force and effect in the event that on or before the date of expiration:
(ii) The permit is terminated or revoked or a new permit is denied; or,
(iii) Closure is ordered by the Department or a State court or other court of competent jurisdiction; or,
(11) The Department will give written consent to the owner or operator that he may terminate the insurance policy when:
(f) Financial test and corporate guarantee for postclosure care.
(1) An owner or operator may satisfy the requirements of this section by demonstrating that he passes a financial test as specified in this paragraph. To pass this test the owner or operator must meet the criteria of either paragraph (f)(1)(i) or (f)(1)(ii) of this section:
(i) The owner or operator must have:
(ii) The owner or operator must have:
(3) To demonstrate that he meets this test, the owner or operator must submit the following items to the Department:
(ii) A copy of the independent certified public accountant’s report on examination of the owner’s or operator’s financial statements for the latest completed fiscal year; and,
(iii) A special report from the owner’s or operator’s independent certified public accountant to the owner or operator stating that:
(10) The owner or operator is no longer required to submit the items specified in paragraph (f)(3) of this section when:
(11) An owner or operator may meet the requirements of this section by obtaining a written guarantee. The guarantor must be the direct or higher-tier parent corporation of the owner or operator, a firm whose parent corporation is also the parent corporation of the owner or operator, or a firm with a “substantial business relationship” with the owner or operator. The guarantor must meet the requirements for owners or operators in paragraphs (f)(1) through (9) of this section and must comply with the terms of the guarantee. The wording of the guarantee must be identical to the wording specified in 264.151(h). A certified copy of the guarantee must accompany the items sent to the Department as specified in paragraph (f)(3) of this section. One of these items must be the letter from the guarantors chief financial officer. If the guarantors parent corporation is also the parent corporation of the owner or operator, the letter must describe the value received in consideration of the guarantee. If the guarantor is a firm with a “substantial business relationship” with the owner or operator, this letter must describe this “substantial business relationship” and the value received in consideration of the guarantee. The terms of the guarantee must provide that: (revised 12/93)
(ii) The corporate guarantee will remain in force unless the guarantor sends notice of cancellation by certified mail to the owner or operator and to the Department. Cancellation may not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Department, as evidenced by the return receipts.
(iii) If the owner or operator fails to provide alternate financial assurance as specified in this section and obtain the written approval of such alternate assurance from the Department within 90 days after receipt by both the owner or operator and the Department of a notice of cancellation of the corporate guarantee from the guarantor, the guarantor will provide such alternate financial assurance in the name of the owner or operator.
(i) Release of the owner or operator from the requirements of this section. Within 60 days after receiving certifications from the owner or operator and a qualified Professional Engineer that the postclosure care period has been completed for a hazardous waste disposal unit in accordance with the approved plan, the Department will notify the owner or operator that he is no longer required to maintain financial assurance for postclosure of that unit, unless the Department has reason to believe that postclosure care has not been in accordance with the approved postclosure plan. The Department shall provide the owner or operator a detailed written statement of any such reason to believe that postclosure care has not been in accordance with the approved postclosure plan.
264.146. Use of a mechanism for financial assurance of both closure and post-closure care.
An owner or operator may satisfy the requirements for financial assurance for both closure and postclosure care for one or more facilities by using a surety bond, letter of credit, insurance, financial test, or corporate guarantee that meets the specifications for the mechanism in both 264.143 and 264.145. The amount of funds available through the mechanism must be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for financial assurance of closure and of postclosure care.
264.147. Liability requirements.
(d)(1) The owner or operator must keep the following at the facility during the active life of the facility: the latest postclosure cost estimate prepared in accordance with section 264.144(a) and (c) and, when this estimate has been adjusted in accordance with Section 264.144(b), the latest adjusted postclosure estimate.
(a) Coverage for sudden accidental occurrences. An owner or operator of a hazardous waste treatment, storage, or disposal facility, or a group of such facilities, must demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden accidental occurrences arising from operations of the facility or group of facilities. The owner or operator must have and maintain liability coverage for sudden accidental occurrences in the amount of at least $1 million per occurrence with an annual aggregate of at least $2 million, exclusive of legal defense costs. This liability coverage may be demonstrated, as specified in paragraphs (a) (1), (2), (3), (4), (5), or (6) of this section: (amended 11/90)
(1) An owner or operator may demonstrate the required liability coverage by having liability insurance as specified in this paragraph.
(7) An owner or operator shall notify the Department in writing within 30 days whenever:
(ii) A Certification of Valid Claim for bodily injury or property damages caused by a sudden or non-sudden accidental occurrence arising from the operation of a hazardous waste treatment, storage, or disposal facility is entered between the owner or operator and third-party claimant for liability coverage under paragraphs (a)(1) through (a)(6) of this section; or
(iii) A final court order establishing a judgment for bodily injury or property damage caused by a sudden or non-sudden accidental occurrence arising from the operation of a hazardous waste treatment, storage, or disposal facility is issued against the owner or operator or an instrument that is providing financial assurance for liability coverage under paragraphs (a)(1) through (a)(6) of this section. (amended 11/90)
(b) Coverage for nonsudden accidental occurrences. An owner or operator of a surface impoundment, landfill, land treatment facility, or disposal miscellaneous unit that is used to manage hazardous waste, or a group of such facilities, must demonstrate financial responsibility for bodily injury and property damage to third parties caused by nonsudden accidental occurrences arising from operations of the facility or group of facilities. The owner or operator must have and maintain liability coverage for nonsudden accidental occurrences in the amount of at least $3 million per occurrence with an annual aggregate of at least $6 million, exclusive of legal defense costs. An owner or operator who must meet the requirements of this section may combine the required per-occurrence coverage levels for sudden and nonsudden accidental occurrences into a single per-occurrence level, and combine the required annual aggregate coverage levels for sudden and nonsudden accidental occurrences into a single annual aggregate level. Owners or operators who combine coverage levels for sudden and nonsudden accidental occurrences must maintain liability coverage in the amount of at least $4 million per occurrence and $8 million annual aggregate. This liability coverage may be demonstrated as specified in paragraphs (b) (1), (2), (3), (4), (5), or (6), of this section: (amended 11/90, 12/92)
(1) An owner or operator may demonstrate the required liability coverage by having liability insurance as specified in this paragraph.
(7) An owner or operator shall notify the Department in writing within 30 days whenever:
(ii) A Certification of Valid Claim for bodily injury or property damages caused by a sudden or non-sudden accidental occurrence arising from the operation of a hazardous waste treatment, storage, or disposal facility is entered between the owner or operator and third-party claimant for liability coverage under paragraphs (b)(1) through (b)(6) of this section; or
(iii) A final court order establishing a judgment for bodily injury or property damage caused by a sudden or non-sudden accidental occurrence arising from the operation of hazardous waste treatment, storage, or disposal facility is issued against the owner or operator or an instrument that is providing financial assurance for liability coverage under paragraphs (b)(1) through (b)(6) of this section. (amended 11/90)
(f) Financial test for liability coverage.
(1) An owner or operator may satisfy the requirements of this section by demonstrating that he passes a financial test as specified in this paragraph. To pass this test the owner or operator must meet the criteria of paragraph (f)(1)(i) or (f)(1)(ii) below:
(i) The owner or operator must have:
(ii) The owner or operator must have:
(D) Assets in the United States amounting to either:
[1] at least 90 percent of his total assets; or,
[2] at least six times the amount of liability coverage to be demonstrated by this test.
(3) To demonstrate that he meets this test, the owner or operator must submit the following three items to the Department:
(ii) A copy of the independent certified public accountant’s report on examination of the owner’s or operator’s financial statements for the latest completed fiscal year.
(iii) A special report from the owner’s or operator’s independent certified public accountant to the owner or operator stating that:
(g) Guarantee for liability coverage.
(1) Subject to paragraph (g)(2) of this section, an owner or operator may meet the requirements of this section by obtaining a written guarantee, hereinafter referred to as “guarantee.” The guarantor must be the direct or higher-tier parent corporation of the owner or operator, a firm whose parent corporation is also the parent corporation of the owner or operator, or a firm with a “substantial business relationship” with the owner or operator. The guarantor must meet the requirements for owners or operators in paragraphs (f)(1) through (6) of this section. The wording of the guarantee must be identical to the wording specified in Section 264.151(h)(2) of this part. A certified copy of the guarantee must accompany the items sent to the Department as specified in paragraph (f)(3) of this section. One of these items must be the letter from the guarantor’s chief financial officer. If the guarantor’s parent corporation is also the parent corporation of the owner or operator, this letter must describe the value received in consideration of the guarantee. If the guarantor is a firm with a “substantial business relationship” with the owner or operator, this letter must describe this “substantial business relationship” and the value received in consideration of the guarantee.
(ii) [Reserved]
(2)(i) In the case of corporations incorporated in the United States, a guarantee may be used to satisfy the requirements of this section only if the Attorneys General or Insurance Commissioners of (A) the State in which the guarantor is incorporated, and (B) each State in which a facility covered by the guarantee is located have submitted a written statement to the Department that a guarantee executed as described in this section and Section 264.151(h)(2) is a legally valid and enforceable obligation in that State.
(h) Letter of credit for liability coverage.
(i) Surety bond for liability coverage. (amended 11/90)
(j) Trust fund for liability coverage. (amended 11/90)
(k) Notwithstanding any other provision of this part, an owner or operator using liability insurance to satisfy the requirements of this section may use, until October 16, 1982, a Hazardous Waste Facility Liability Endorsement or Certificate of Liability Insurance that does not certify that the insurer is licensed to transact the business of insurance, or eligible as an excess or surplus lines insurer, in one or more States.
264.148. Incapacity of Incapacity of owners or operators, guarantors, or financial institutions.
(b) An owner or operator who fulfills the requirements of Sections 264.143, 264.145, or 264.147 by obtaining a trust fund, surety bond, letter of credit, or insurance policy will be deemed to be without the required financial assurance or liability coverage in the event of bankruptcy of the trustee or issuing institution, or a suspension or revocation of the authority of the trustee institution to act as trustee or of the institution issuing the surety bond, letter of credit, or insurance policy to issue such instruments. The owner or operator must establish other financial assurance or liability coverage within 60 days after such an event.
264.149. Hazardous waste contingency fund.
The payment of fees required under Sections 44-56-160, -170, and -510 et seq. and under section 262.45, and section 264.78 and 265.78 will be deposited in the Hazardous Waste Contingency Fund to ensure the availability of funds for contingencies rising from permitted hazardous waste landfills and to defray the costs of governmental response actions at uncontrolled hazardous waste sites. Of the fees collected pursuant to Sections 44-56-170(C), (D), and (E), credited to the contingency fund pursuant to section 44-56-175, thirteen percent must be held separate and distinct within the fund in a permitted site fund for the purpose of response actions arising from the operation of the permitted land disposal facilities in this State. Of the fees collected pursuant to Section 44-56-510 and credited to the contingency fund pursuant to Section 44-56-175, twenty-six percent must be credited to the fund for permitted sites.
264.151. Wording of the instruments.
(a)(1) A trust agreement for a trust fund, as specified in sections 264.143(a) or 264.145(a) or 265.143(a) or 265.145(a), must be worded as noted in section 264.151 Appendix A(1) except that instructions in brackets are to be replaced with the relevant information and the brackets deleted.
(g) A letter from the chief financial officer, as specified in 264.147(f) or 265.147(f), must be worded as noted in 264.151 Appendix G, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted. (revised 12/93)
(h)(1) A corporate guarantee, as specified in 264.143(f) or 264.145(f) or 265.143(e) or 265.145(e) must be worded as indicated in Appendix H 1, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted.
(l) A surety bond, as specified in section 264.147(i) or 265.147(i) of this chapter, must be worded as noted in section 264.151 Appendix L, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted.
(2) 264.151 Appendix M(2) contains an example of the certification of acknowledgment which must accompany the trust agreement for a trust fund as specified in 264.147(j) or 265.147(j) of this chapter.
(n)(1) A standby trust agreement, as specified in 264.147(h) or 265.147(h) of this chapter, must be worded as noted in 264.151 Appendix N(1), except that instructions in brackets are to be replaced with the relevant information and the brackets deleted.
(2) 264.151 Appendix N(2) contains an example of the certification of acknowledgment which must accompany the trust agreement for a standby trust fund as specified in section 264.147(h) or 265.147(h) of this chapter.
264.151 APPENDIX A-1 (12/93; 5/96)
SOUTH CAROLINA DEPARTMENT OF ENVIRONMENTAL SERVICES BUREAU OF LAND AND WASTE MANAGEMENT TRUST AGREEMENT, the “Agreement,” entered into as of __________ [date] by and between __________ [name of the owner or operator], a __________ [name of State], __________ [insert “corporation,” “partnership,” “association,” or “proprietorship”], the “Grantor,” and __________ [name of corporate trustee], [insert “incorporated in the State of __________” or “a national bank”], the “Trustee.”
WHEREAS, the South Carolina Department of Environmental Services, hereafter referred to as the “Department”, an agency of the state of South Carolina, has established certain regulations applicable to the Grantor, requiring that an owner or operator of a hazardous waste management facility shall provide assurance that funds will be available when needed for closure and/or post-closure care of the facility,
WHEREAS, the Grantor has elected to establish a trust to provide all or part of such financial assurance for the facilities identified herein,
WHEREAS, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee,
NOW, THEREFORE, the Grantor and the Trustee agree as follows:
Section 1. Definitions. As used in this Agreement:
(b) The term “Trustee” means the Trustee who enters into this Agreement and any successor Trustee.
Section 2. Identification of Facilities and Cost Estimates. This Agreement pertains to the facilities and cost estimates identified on attached Schedule A [on Schedule A, for each facility list the EPA Identification Number, name, address, and the current closure and/or post-closure cost estimates, or portions thereof, for which financial assurance is demonstrated by this Agreement].
Section 3. Establishment of Fund. The Grantor and the Trustee hereby establish a trust fund, the “Fund,” for the benefit of the Department. The Grantor and the Trustee intend that no third party have access to the Fund except as herein provided. The Fund is established initially as consisting of the property, which is acceptable to the Trustee, described in Schedule B attached hereto. Such property and any other property subsequently transferred to the Trustee is referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by the Department.
Section 4. Payment for Closure and Post-Closure Care. The Trustee shall make payments from the Fund as the Department shall direct, in writing, to provide for the payment of the costs of closure and/or post-closure care of the facilities covered by this Agreement. The Trustee shall reimburse the Grantor or other persons as specified by the Department from the Fund for closure and post-closure expenditures in such amounts as the Department shall direct in writing. In addition, the Trustee shall refund to the Grantor such amounts as the Department specifies in writing. Upon refund, such funds shall no longer constitute part of the Fund as defined herein.
Section 5. Payments Comprising the Fund. Payments made to the Trustee for the Fund shall consist of cash or securities acceptable to the Trustee.
Section 6. Trustee Management. The Trustee shall invest and reinvest the principal and income of the Fund and keep the Fund invested as a single fund, without distinction between principal and income, in accordance with general investment policies and guidelines which the Grantor may communicate in writing to the Trustee from time to time, subject, however, to the provisions of this section. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge his duties with respect to the trust fund solely in the interest of the beneficiary and with the care, skill, prudence, and diligence under the circumstances then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims; except that:
(ii) The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent insured by an agency of the Federal or State government; and
(iii) The Trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable time and without liability for the payment of interest thereon.
Section 7. Commingling and Investment. The Trustee is expressly authorized in its discretion:
(b) To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq., including one which may be created, managed, underwritten, or to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion.
Section 8. Express Powers of Trustee. Without in any way limiting the powers and discretions conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered:
(e) To compromise or otherwise adjust all claims in favor of or against the Fund.
Section 9. Taxes and Expenses. All taxes of any kind that may be assessed or levied against or in respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly by the Grantor, and all other proper charges and disbursements of the Trustee shall be paid from the Fund.
Section 10. Annual Valuation. The Trustee shall annually, at least 30 days prior to the anniversary date of establishment of the Fund, furnish to the Grantor and to the Department a statement confirming the value of the Trust. Any securities in the Fund shall be valued at market value as of no more than 60 days prior to the anniversary date of establishment of the Fund. The failure of the Grantor to object in writing to the Trustee within 90 days after the statement has been furnished to the Grantor and the Department shall constitute a conclusively binding assent by the Grantor, barring the Grantor from asserting any claim or liability against the Trustee with respect to matters disclosed in the statement.
Section 11. Advice of Counsel. The Trustee may from time to time consult with counsel, who may be counsel to the Grantor, with respect to any question arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel.
Section 12. Trustee Compensation. The Trustee shall be entitled to reasonable compensation for its services as agreed upon in writing from time to time with the Grantor.
Section 13. Successor Trustee. The Trustee may resign or the Grantor may replace the Trustee, but such resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee’s acceptance of the appointment, the Trustee shall assign, transfer, and pay over to the successor trustee the funds and properties then constituting the Fund. If for any reason the Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in a writing sent to the Grantor, the Department, and the present Trustee by certified mail 10 days before such change becomes effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this Section shall be paid as provided in Section 9.
Section 14. Instructions to the Trustee. All orders, requests, and instructions by the Grantor to the Trustee shall be in writing, signed by such persons as are designated in the attached Exhibit A or such other designees as the Grantor may designate by amendment to Exhibit A. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor’s orders, requests, and instructions. All orders, requests, and instructions by the Department to the Trustee shall be in writing, signed by the Department, and the Trustee shall act and shall be fully protected in acting in accordance with such orders, requests, and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the Grantor or the Department hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, requests, and instructions from the Grantor and/or the Department, except as provided for herein.
Section 15. Notice of Nonpayment. The Trustee shall notify the Grantor and the Department, by certified mail within 10 days following the expiration of the 30-day period after the anniversary of the establishment of the Trust, if no payment is received from the Grantor during that period. After the pay-in period is completed, the Trustee shall not be required to send a notice of nonpayment.
Section 16. Amendment of Agreement. This Agreement may be amended by an instrument in writing executed by the Grantor, the Trustee, and the Department, or by the Trustee and the Department if the Grantor ceases to exist.
Section 17. Irrevocability and Termination. Subject to the right of the parties to amend this Agreement as provided in Section 16, this Trust shall be irrevocable and shall continue until terminated at the written agreement of the Grantor, the Trustee, and the Department, or by the Trustee and the Department, if the Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expenses, shall be delivered to the Grantor.
Section 18. Immunity and Indemnification. The Trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Grantor or the Department issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund, or both, from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide such defense.
Section 19. Choice of Law. This Agreement shall be administered, construed, and enforced according to the laws of the State of South Carolina.
Section 20. Interpretation. As used in this Agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each Section of this Agreement shall not affect the interpretation or the legal efficacy of this Agreement.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above written: The parties below certify that the wording of this Agreement is identical to the wording specified in R.61-79.264.151(a)(1) as such regulations were constituted on the date first above written.
| [Signature of Grantor] | ||||
| [Title] | ||||
| Attest: | ||||
| [Title] | ||||
| [Seal] | ||||
| [Signature of Trustee] | ||||
| Attest: | ||||
| [Title] | ||||
| [Seal] |
264.151 APPENDIX A-(2) (12/93; 5/96)
SOUTH CAROLINA DEPARTMENT OF ENVIRONMENTAL SERVICES BUREAU OF LAND AND WASTE MANAGEMENT
264.151 APPENDIX B (12/93; 5/96)
SOUTH CAROLINA DEPARTMENT OF ENVIRONMENTAL SERVICES BUREAU OF LAND AND WASTE MANAGEMENT
Know All Persons By These Presents, That we, the Principal and Surety(ies) hereto are firmly bound to the South Carolina Department of Environmental Services (hereinafter called the “Department”), in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where the Surety(ies) are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum “jointly and severally” only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.
264.151 APPENDIX C (12/93; 12/94; 5/96)
SOUTH CAROLINA DEPARTMENT OF ENVIRONMENTAL SERVICES BUREAU OF LAND AND WASTE MANAGEMENT
Certificate of Acknowledgement (must accompany the trust agreement):
State of South Carolina
County of __________
On this __________ [date], before me personally came __________ [owner or operator] to me known, who, being by me duly sworn, did depose and say that she/he resides at __________ [address], that she/he is __________ [title] of __________ [corporation], the corporation described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed his/her name thereto by like order.
(Signature of Notary Public) __________
Surety Bond: Guaranteeing Payment Into a Trust Fund for Closure and/or Postclosure Care
Financial Guarantee Bond
Date bond executed: __________
Effective date: __________
Principal: __________ [Legal name and business address of owner or operator]
Type of organization: __________ [insert “individual”, “joint venture”, “partnership”, or “corporation”]
State of incorporation: __________
Surety(ies): __________ [name(s) and business address(es)]
__________
EPA Identification Number, name, address and closure and/or postclosure amount(s) for each facility guaranteed by this bond [indicate closure and postclosure amounts separately]: __________
Total penal sum of bond: $__________
Surety’s bond number: __________
Know All Persons By These Presents, That we, the Principal and Surety(ies) hereto are firmly bound to the South Carolina Department of Environmental Services hereinafter called the “Department” in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where the Surety(ies) are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum “jointly and severally” only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.
Whereas said Principal is required, under South Carolina Hazardous Waste Management Regulation to have a permit or interim status in order to own or operate each hazardous waste management facility identified above, and
Whereas said Principal is required to provide financial assurance for closure, or closure and postclosure care, as a condition of the permit or interim status, and
Whereas said Principal shall establish a standby trust fund as is required when a surety bond is used to provide such financial assurance;
Now, Therefore, the conditions of the obligation are such that if the Principal shall faithfully, before the beginning of final closure of each facility identified above, fund the standby trust fund in the amount(s) identified above for the facility,
Or, if the Principal shall fund the standby trust fund in such amount(s) within 15 days after a final order to begin closure is issued by the Department or an EPA Regional Administrator or a U.S. district court or other court of competent jurisdiction,
Or, if the Principal shall provide alternate financial assurance, as specified in Subpart H of R.61-79.264 or R.61-79.265, as applicable, and obtain the Department’s written approval of such assurance, within 90 days after the date notice of cancellation is received by both the Principal and the Department from the Surety(ies), then this obligation shall be null and void; otherwise it is to remain in full force and effect.
The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above. Upon notification by the Department that the Principal has failed to perform as guaranteed by this bond, the Surety(ies) shall place funds in the amount guaranteed for the facility(ies) into the standby trust fund as directed by the Department.
Upon notification by the Department that the Principal has been found in violation of the postclosure requirements of R.61-79.264 for a facility for which this bond guarantees performance of postclosure care, the Surety(ies) shall either perform postclosure care in accordance with the postclosure plan and other permit requirements or place the postclosure amount guaranteed for the facility into the standby trust fund as directed by the Department.
Upon notification by the Department that the Principal has failed to provide alternate financial assurance as specified in Subpart H of R.61-79.264 and obtain written approval of such assurance from the Department during the 90 days following receipt by both the Principal and the Department of a notice of cancellation of the bond, the Surety(ies) shall place funds in the amount guaranteed for the facility(ies) into the standby trust fund as directed by the Department.
The surety(ies) hereby waive(s) notification of amendments to closure plans, permits, applicable laws, statutes, rules, and regulations and agrees that no such amendment shall in any way alleviate its (their) obligation on this bond.
The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said penal sum.
The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the Principal and to the Department, provided, however, that cancellation shall not occur during the 120 days beginning on the date of receipt of the notice of cancellation by both the Principal and the Department, as evidenced by the return receipts.
The Principal may terminate this bond by sending written notice to the Surety(ies), provided, however, that no such notice shall become effective until the Surety(ies) receive(s) written authorization for termination of the bond by the Department.
[The following paragraph is an optional rider that may be included but is not required.]
Principal and Surety(ies) hereby agree to adjust the penal sum of the bond yearly so that it guarantees a new closure and/or postclosure amount, provided that the penal sum does not increase by more than 20 percent in any one year, and no decrease in the penal sum takes place without the written permission of the Department.
In Witness Whereof, the Principal and Surety(ies) have executed this Financial Guarantee Bond and have affixed their seals on the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the wording specified in R.61-79.264 Section 264.151(b) as such regulations were constituted on the date this bond was executed.
Principal
[Signature(s)] __________
[Name(s)] __________
[Title(s)] __________
[Corporate seal] __________
Corporate Surety(ies)
[Name and address] __________
[State of incorporation:] __________
Liability limit: $__________
[Signature(s)] __________
[Name(s) and title(s)] __________
[Corporate seal] __________
[For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.]
Bond premium: $__________
Surety Bond: Guaranteeing Performance of Closure and/or Postclosure Care
Performance Bond
Date bond executed: __________
Effective date: __________
Principal: __________ [Legal name and business address of owner or operator]
Type of organization: __________ [insert “individual”, “joint venture”, “partnership”, or “corporation”]
State of incorporation: __________
Surety(ies): __________
__________ [name(s) and business address(es)]
EPA Identification Number, name, address, and closure and/or postclosure amount(s) for each facility guaranteed by this bond [indicate closure and postclosure amounts separately]:
__________
Total penal sum of bond: $__________
Surety’s bond number: __________
Know All Persons By These Presents, That we, the Principal and Surety(ies) hereto are firmly bound to the South Carolina Department of Health and Environmental Control hereinafter called the “Department” in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where the Surety(ies) are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum “jointly and severally” only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.
Whereas said Principal is required, under the S.C. Hazardous Waste Management Regulations and the Resource Conservation and Recovery Act as amended (RCRA) to have a permit in order to own or operate each hazardous waste management facility identified above, and
Whereas said Principal is required to provide financial assurance for closure, or closure and postclosure care, as a condition of the permit, and
Whereas said Principal shall establish a standby trust fund as is required when a surety bond is used to provide such financial assurance;
Now, Therefore, the conditions of this obligation are such that if the Principal shall faithfully perform closure, whenever required to do so, of each facility for which this bond guarantees closure, in accordance with the closure plan and other requirements of the permit as such plan and permit may be amended, pursuant to all applicable laws, statutes, rules, and regulations, as such laws, statutes, rules, and regulations may be amended,
And, if the Principal shall faithfully perform postclosure care of each facility for which this bond guarantees postclosure care, in accordance with the postclosure plan and other requirements of the permit, as such plan and permit may be amended, pursuant to all applicable laws, statutes, rules, and regulations, as such laws, statutes, rules, and regulations may be amended.
Or, if the Principal shall provide alternate financial assurance as specified in Subpart H of R.61-79.264 and obtain the Department’s written approval of such assurance, within 90 days after the date notice of cancellation is received by both the Principal and the Department from the Surety(ies), then this obligation shall be null and void, otherwise it is to remain in full force and effect.
The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above.
Upon notification by the Department that the Principal has been found in violation of the closure requirements of R.61-79 part 264, for a facility for which this bond guarantees performance of closure, the Surety(ies) shall either perform closure in accordance with the closure plan and other permit requirements or place the closure amount guaranteed for the facility into the standby trust fund as directed by the Department.
Upon notification by the Department that the Principal has been found in violation of the postclosure requirements of R.61-79 part 264 for a facility for which this bond guarantees performance of postclosure care, the Surety(ies) shall either perform postclosure care in accordance with the postclosure plan and other permit requirements or place the postclosure amount guaranteed for the facility into the standby trust fund as directed by the Department.
Upon notification by the Department that the Principal has failed to provide alternate financial assurance as specified in Subpart H of R.61-79 part 264, and obtain written approval of such assurance from the Department during the 90 days following receipt by both the Principal and the Department of a notice of cancellation of the bond, the Surety(ies) shall place funds in the amount guaranteed for the facility(ies) into the standby trust fund as directed by the Department.
The Surety(ies) hereby waive(s) notification of amendments to closure plans, permits, applicable laws, statutes, rules, and regulations and agrees that no such amendment shall in any way alleviate its (their) obligation on this bond.
The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said penal sum.
The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the Department provided, however, that cancellation shall not occur during the 120 days beginning on the date of receipt of the notice of cancellation by both the Principal and the Department, as evidenced by the return receipts.
The principal may terminate this bond by sending written notice to the Surety(ies), provided, however, that no such notice shall become effective until the Surety(ies) receive(s) written authorization for termination of the bond by the Department.
[The following paragraph is an optional rider that may be included but is not required.]
Principal and Surety(ies) hereby agree to adjust the penal sum of the bond yearly so that it guarantees a new closure and/or postclosure amount, provided that the penal sum does not increase by more than 20 percent in any one year, and no decrease in the penal sum takes place without the written permission of the Department.
In Witness Whereof, The Principal and Surety(ies) have executed this Performance Bond and have affixed their seals on the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the wording specified in R. 61-79.264.151(c) as such regulation was constituted on the date this bond was executed.
Principal
[Signature(s)] __________
[Name(s)] __________
[Title(s)] __________
[Corporate Seal] __________
Corporate Surety(ies)
[Name and address] __________
State of Incorporation: __________
Liability Limit: __________
[Signature(s)] __________
[Name(s) and title(s)] __________
[Corporate seal:] __________
[For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.]
Bond premium: $__________
264.151 APPENDIX D (12/93; 12/94; 5/96)
SOUTH CAROLINA DEPARTMENT OF ENVIRONMENTAL SERVICES BUREAU OF LAND AND WASTE MANAGEMENT
Letter of Credit Covering Cost of Closure and/or Postclosure Care
Irrevocable Standby Letter of Credit
Chief
Bureau of Land and Waste Management
2600 Bull Street
Columbia, SC 29201
Dear Sir or Madam: We hereby establish our Irrevocable Standby Letter of Credit No. __________ in your favor, at the request and for the account of __________ [owner’s or operator’s name and address] up to the aggregate amount of [in words] __________ U.S. dollars $__________, available upon presentation of:
(2) your signed statement reading as follows: “I certify that the amount of the draft is payable pursuant to regulations issued under authority of the South Carolina Department of Environmental Services.”
This letter of credit is effective as of __________ [date] and shall expire on __________ [date at least 1 year later] but such expiration date shall be automatically extended for a period of __________ [at least 1 year] on __________ [date] and on each successive expiration date, unless, at least 120 days before the current expiration date, we notify both you and __________ [owner’s or operator’s name] by certified mail that we have decided not to extend this letter of credit beyond the current expiration date. In the event you are so notified, any unused portion of the credit shall be available upon presentation of your sight draft for 120 days after the date of receipt by both you and __________ [owner’s or operator’s name], as shown on the signed return receipts.
Whenever this letter of credit is drawn on under and in compliance with the terms of this credit, we shall duly honor such draft upon presentation to us, and we shall deposit the amount of the draft directly into the standby trust fund of __________ [owner’s or operator’s name] in accordance with your instructions.
We certify that the wording of this letter of credit is identical to the wording specified in R. 61-79.264.151(d) as such regulations were constituted on the date shown immediately below.
[Signature(s) and title(s) of official(s) of issuing institution] __________
[Date] __________
This credit is subject to [insert “the most recent edition of the Uniform Customs and Practice for Documentary Credits, published and copyrighted by the International Chamber of Commerce,” or “the Uniform Commercial Code”].
264.151 APPENDIX E (12/93; 5/96)
SOUTH CAROLINA DEPARTMENT OF ENVIRONMENTAL SERVICES BUREAU OF LAND AND WASTE MANAGEMENT
Insurance Covering Cost of Closure and/or Postclosure Care
Certificate of Insurance for Closure or Postclosure Care
Name and Address of Insurer (herein called the “Insurer”): __________
Name and Address of Insured (herein called the “Insured”): __________
Facilities Covered:
[List for each facility:
EPA ID# __________
NAME __________
ADDRESS __________
AMOUNT OF INSURANCE FOR CLOSURE AND/OR THE AMOUNT FOR POSTCLOSURE CARE __________
(These amounts for all facilities covered must total the face amount below.)]
Face Amount: __________
Policy Number: __________
Effective Date: __________
The Insurer hereby certifies that it has issued to the Insured the policy of insurance identified above to provide financial assurance for __________ [insert “closure” or “closure and postclosure care” or “postclosure care”] for the facilities identified above. The Insurer further warrants that such policy conforms in all respects with the requirements of the Department including R.61-79.264.143(e), 264.145(e), 265.143(d), and 265.145(d), as applicable and as such regulations were constituted on the date shown immediately below. It is agreed that any provision of the policy inconsistent with such regulations is hereby amended to eliminate such inconsistency.
The insurer agrees to furnish to the Department a duplicate original of the policy listed above, including all endorsements thereon. In addition, the Insurer shall provide a copy of the insurance policy, application, and any agreements which may affect the policy.
I hereby certify that the wording of this certificate is identical to the wording specified in R.61-79.264.151(e) as such regulations were constituted on the date shown immediately below.
[Authorized signature for Insurer] __________
[Name of person signing] __________
[Title of person signing] __________
Signature of witness or notary: __________
[Date] __________
264.151 APPENDIX F (12/93; 5/96)
SOUTH CAROLINA DEPARTMENT OF ENVIRONMENTAL SERVICES BUREAU OF LAND AND WASTE MANAGEMENT
Financial Test for Closure and/or Postclosure Care
Letter from Chief Financial Officer
Chief
Bureau of Land and Waste Management
2600 Bull Street
Columbia, SC 29201
Dear Sir: I am the chief financial officer of __________ [name and address of firm]. This letter is in support of this firm’s use of the financial test to demonstrate financial assurance for closure and/or post-closure costs, as specified in Subpart H of R. 61-79 Parts 264 and 265 by the South Carolina Department of Environmental Services. (amended 6/89)
[Fill out the following four paragraphs regarding facilities and associated cost estimates. If your firm has no facilities that belong in a particular paragraph, write “None” in the space indicated. For each facility, include its EPA Identification Number, name, address, and current closure and/or postclosure cost estimates. Identify each cost estimate as to whether it is for closure or postclosure care].
(m)(1) A trust agreement, as specified in 264.147(j) or 265.147(j) of this chapter, must be worded as noted in 264.151 Appendix M(1), except that instructions in brackets are to be replaced with the relevant information and the brackets deleted.
4. This firm is the owner or operator of the following hazardous waste management facilities for which financial assurance for closure or, if a disposal facility, postclosure care, is not demonstrated to the Department through the financial test or any other financial assurance mechanism specified in Subpart H of R. 61-79.264 and R. 61-79.265 or equivalent or substantially equivalent State mechanisms. The current closure and/or postclosure cost estimates not covered by such financial assurance are shown for each facility: __________
This firm __________ [insert “is required” or “is not required”] to file a Form 10K with the Securities and Exchange Commission (SEC) for the latest fiscal year.
The fiscal year of this firm ends on __________ [month/day]. The figures for the following items marked with an asterisk are derived from this firm’s independently audited, year-end financial statements for the latest completed fiscal year, ended __________ [date].
[Fill in Alternative I if the criteria of paragraph (f)(1)(i) of 264.143 or 264.145, or of paragraph (e)(1)(i) of 265.143 or 265.145 are used. Fill in Alternative II if the criteria of paragraph (f)(1)(ii) of 264.143 or 264.145, or of paragraph (e)(1)(ii) of 265.143 or 265.145 are used.]:
ALTERNATIVE I
| 1. | Sum of current closure and postclosure cost estimates [total of all cost estimates shown in the four paragraphs above].... | $ | |||||
| * | 2. | Total liabilities [If any portion of the closure or postclosure cost estimates is included in total liabilities, you may deduct the amount of that portion from this line and add that amount to lines 3 and 4] | $ | ||||
| * | 3. | Tangible net worth | $ | ||||
| * | 4. | Net worth | $ | ||||
| * | 5. | Current assets | $ | ||||
| * | 6. | Current liabilities | $ | ||||
| 7. | Net working capital [line 5 minus line 6] | $ | |||||
| * | 8. | The sum of net income plus depreciation, depletion, and amortization | $ | ||||
| * | 9. | Total assets in U.S. (required only if less than 90% of firm’s assets are located in the U.S.) | $ | ||||
| Yes | No | ||||||
| 10. | Is line 3 at least $10 million? | ||||||
| 11. | Is line 3 at least 6 times line 1? | ||||||
| 12. | Is line 7 at least 6 times line 1? | ||||||
| * | 13. | Are at least 90% of firm’s assets located in the U.S.? If not, complete line 14. | |||||
| 14. | Is line 9 at least 6 times line 1? | ||||||
| 15. | Is line 2 divided by line 4 less than 2.0? | ||||||
| 16. | Is line 8 divided by line 2 greater than 0.1? | ||||||
| 17. | Is line 5 divided by line 6 greater than 1.5? |
ALTERNATIVE II
| 1. | Sum of current closure and postclosure cost estimates [total of all cost estimates shown in the four paragraphs above] | $ | |||||
| 2. | Current bond rating of most recent issuance of this firm and name of rating service | ||||||
| 3. | Date of issuance of bond | ||||||
| 4. | Date of maturity of bond | ||||||
| * | 5. | Tangible net worth [if any portion of the closure and postclosure cost estimates is included in “total liabilities” on your firm’s financial statements, you may add the amount of that portion to this line] | $ | ||||
| * | 6. | Total assets in U.S. (required only if less than 90% of firm’s assets are located in the U.S.) | $ | ||||
| Yes | No | ||||||
| 7. | Is line 5 at least $10 million? | ||||||
| 8. | Is line 5 at least 6 times line 1? | ||||||
| * | 9. | Are at least 90% of firm’s assets located in the U.S.? If not, complete line 10. | |||||
| 10. | Is line 6 at least 6 times line 1? |
I hereby certify that the wording of this letter is identical to the wording specified in R.61-79.264.151(f) as such regulations were (amended 6/89) constituted on the date shown immediately below.
| (Signature) | |
| (Name) | |
| (Title) | |
| (Date) |
264.151 APPENDIX G (12/93; 5/96)
SOUTH CAROLINA DEPARTMENT OF ENVIRONMENTAL SERVICES BUREAU OF LAND AND WASTE MANAGEMENT
Financial Test for Liability Coverage
Letter from Chief Financial Officer
Chief
Bureau of Land and Waste Management
2600 Bull Street
Columbia, SC 29201
Dear Sir: I am the chief financial officer of [firm’s name and address]. This letter is in support of the use of the financial test to demonstrate financial responsibility for liability coverage [insert “and closure and/or postclosure care” if applicable] as specified in Subpart H of Parts 264 and 265.
[Fill out the following paragraphs regarding facilities and liability coverage. If there are no facilities that belong in a particular paragraph, write “None” in the space indicated. For each facility, include its EPA Identification Number, name, and address].
The firm identified above is the owner or operator of the following facilities for which liability coverage for [insert “sudden” or “nonsudden” or “both sudden and nonsudden”] accidental occurrences is being demonstrated through the financial test specified in Subpart H of Parts 264 and 265: __________.
The firm identified above guarantees, through the guarantee specified in Subpart H of Parts 264 and 265, liability coverage for [insert “sudden” or “nonsudden” or “both sudden and nonsudden”] accidental occurrences at the following facilities owned or operated by the following: __________. The firm identified above is [insert one or more: (1) The direct or higher-tier parent corporation of the owner or operator; (2) owned by the same parent corporation as the parent corporation of the owner or operator, and receiving the following value in consideration of this guarantee __________; or (3) engaged in the following substantial business relationship with the owner or operator __________, and receiving the following value in consideration of this guarantee __________.] [Attach a written description of the business relationship or a copy of the contract establishing such relationship to this letter.]
[If you are using the financial test to demonstrate coverage of both liability and closure and postclosure care, fill in the following four paragraphs regarding facilities and associated closure and postclosure cost estimates. If there are no facilities that belong in a particular paragraph, write “None” in the space indicated. For each facility, include its EPA identification number, name, address, and current closure and/or postclosure cost estimates. Identify each cost estimate as to whether it is for closure or postclosure care.]
4. The firm identified above owns or operates the following hazardous waste management facilities for which financial assurance for closure or, if a disposal facility, postclosure care, is not demonstrated to the Department through the financial test or any other financial assurance mechanisms specified in Subpart H of Parts 264 and 265 or equivalent or substantially equivalent State mechanisms. The current closure and/or postclosure cost estimates not covered by such financial assurance are shown for each facility: __________.
11. Guarantor expressly waives notice of acceptance of this guarantee by the Department or by [owner or operator]. Guarantor also expressly waives notice of amendments or modifications of the closure and/or postclosure plan and of amendments or modifications of the facility permit(s).
I hereby certify that the wording of this guarantee is identical to the wording specified in R. 61-79.264.151(h) as such regulations were constituted on the date first above written.
Effective date: __________
[Name of guarantor] __________
[Authorized signature for guarantor] __________
[Name of person signing] __________
[Title of person signing] __________
[Signature of witness or notary] __________
H—(2) Guarantee for Liability Coverage—(revised 12/93)
Guarantee made this __________ [date] by __________ [name of guaranteeing entity], a business corporation organized under the laws of the State of South Carolina, herein referred to as guarantor. This guarantee is made on behalf of [owner or operator] of [business address], which is one of the following: “our subsidiary;” “a subsidiary of [name and address of common parent corporation], of which guarantor is a subsidiary;” or “an entity with which guarantor has a substantial business relationship, as defined in R. 61-79 [either 264.141(h) or 265.141(h)]”, to any and all third parties who have sustained or may sustain bodily injury or property damage caused by [sudden and/or nonsudden] accidental occurrences arising from operation of the facility(ies) covered by this guarantee.
Recitals
4. Such obligation does not apply to any of the following:
(c) Bodily injury to:
(2) The spouse, child, parent, brother, or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert owner or operator]. This exclusion applies:
(e) Property damage to:
10. [Insert the following language if the guarantor is (a) a direct or higher-tier corporate parent, or (b) a firm whose parent corporation is also the parent corporation of the owner or operator]:
Guarantor may terminate this guarantee by sending notice by certified mail to the Department and to [owner or operator], provided that this guarantee may not be terminated unless and until [the owner or operator] obtains, and the Department approve alternate liability coverage complying with R.61-79.264.147 and/or R.61-79.265.147.
[Insert the following language if the guarantor is a firm qualifying as a guarantor due to its “substantial business relationship” with the owner or operator]:
Guarantor may terminate this guarantee 120 days following receipt of notification, through certified mail, by the Department and by [the owner or operator].
13. The Guarantor shall satisfy a third-party liability claim only on receipt of one of the following documents:
(a) Certification from the Principal and the third-party claimant(s) that the liability claim should be paid. The certification must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
Certification of Valid Claim
The undersigned, as parties [insert Principal] and [insert name and address of third-party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden] accidental occurrence arising from operating [Principal’s] hazardous waste treatment, storage, or disposal facility should be paid in the amount of $[].
[Signatures]
Principal __________
(Notary) Date __________
[Signatures] __________
Claimant(s) __________
(Notary) Date __________
14. In the event of combination of this guarantee with another mechanism to meet liability requirements, this guarantee will be considered [insert primary or excess] coverage.
I hereby certify that the wording of this guarantee is identical to the wording specified in R.61-79.264(h)(2) as such regulations were constituted on the date shown immediately below.
Effective date: __________
[Name of guarantor] __________
[Authorized signature for guarantor] __________
[Name of person signing] __________
[Title of person signing] __________
[Signature of witness or notary] __________
264.151 APPENDIX I (12/93; 5/96)
SOUTH CAROLINA DEPARTMENT OF ENVIRONMENTAL SERVICES BUREAU OF LAND AND WASTE MANAGEMENT
Liability Requirements; Endorsements
Hazardous Waste Facility Liability Endorsement
2. The insurance afforded with respect to such occurrences is subject to all of the terms and conditions of the policy; provided, however, that any provisions of the policy inconsistent with subsections (a) through (e) of this Paragraph 2 are hereby amended to conform with subsections (a) through (e):
(e) Any other termination of this endorsement will be effective only upon written notice and only after the expiration of thirty (30) days after a copy of such written notice is received by the Department.
Attached to and forming part of policy No. __________ issued by [name of Insurer], herein called the Insurer, of [address of Insurer] to [name of insured] of [address] this __________ day of __________, 19___. The effective date of said policy is __________ day of __________, 19___.
I hereby certify that the wording of this endorsement is identical to the wording specified in 264.151(i) as such regulation was constituted on the date first above written, and that the Insurer is licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more States.
[Signature of Authorized Representatives of Insurer] __________
[Type name] __________
[Title], Authorized Representatives of [name of Insurer] __________
[Address of Representative] __________
264.151 APPENDIX J
SOUTH CAROLINA DEPARTMENT OF ENVIRONMENTAL SERVICES BUREAU OF LAND AND WASTE MANAGEMENT
Liability Requirements; Certificate
(1) Hazardous Waste Facility Certificate of Liability Insurance
2. The Insurer further certifies the following with respect to the insurance described in Paragraph 1:
(e) Any other termination of the insurance will be effective only upon written notice and only after the expiration of thirty (30) days after a copy of such written notice is received by the Department.
I hereby certify that the wording of this instrument is identical to the wording specified in 264.151(j) as such regulation was constituted on the date first above written, and that the Insurer is licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more States.
[Signature of Authorized Representative of Insurer] __________
[Type name] __________
[Title], Authorized Representative of [name of Insurer] __________
[Address of Representative] __________
264.151 APPENDIX K (12/93; 12/94; 5/96)
SOUTH CAROLINA DEPARTMENT OF ENVIRONMENTAL SERVICES BUREAU OF LAND AND WASTE MANAGEMENT
Irrevocable Standby Letter of Credit
Chief
Bureau of Land and Waste Management
2600 Bull Street
Columbia, SC 29201
Dear Sir or Madam: We hereby establish our Irrevocable Standby Letter of Credit No. _______________ in the favor of [“any and all third-party liability claimants” or insert name of trustee of the standby trust fund], at the request and for the account of [owner or operator’s name and address] for third-party liability awards or settlements up to [in words] U.S. dollars $ _______________ per occurrence and the annual aggregate amount of [in words] U.S. dollars $ _______________, for sudden accidental occurrences and/or for third-party liability awards or settlements up to the amount of [in words] U.S. dollars $ _______________ per occurrence, and the annual aggregate amount of [in words] U.S. dollars $ _______________, for nonsudden accidental occurrences available upon presentation of a sight draft bearing reference to this letter of credit No. _______________, and [insert the following language if the letter of credit is being used without a standby trust fund: (1) a signed certificate reading as follows:
Certificate of Valid Claim
The undersigned, as parties [insert principal] and [insert name and address of third party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden] accidental occurrence arising from operations of [principal’s] hazardous waste treatment, storage, or disposal facility should be paid in the amount of __________. We hereby certify that the claim does not apply to any of the following:
(c) Bodily injury to:
(2) The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert principal].
This exclusion applies:
(e) Property damage to:
(5) That particular part of real property on which [insert principal] or any contractors or subcontractors working directly or indirectly on behalf of [insert principal] are performing operations, if the property damage arises out of these operations.
[Signatures]
Grantor __________
[Signatures]
Claimant(s) __________
or (2) a valid final court order establishing a judgment against the Grantor for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the Grantor’s facility or group of facilities.
This letter of credit is effective as of [date] and shall expire on [date at least one year later], but such expiration date shall be automatically extended for a period of [at least one year] on [date] and on each successive expiration date, unless, at least 120 days before the current expiration date, we notify you, the Department, and [owner’s or operator’s name] by certified mail that we have decided not to extend this letter of credit beyond the current expiration date.
Whenever this letter of credit is drawn on under and in compliance with the terms of this credit, we shall duly honor such draft upon presentation to us.
[Insert the following language if a standby trust fund is not being used: “In the event that this letter of credit is used in combination with another mechanism for liability coverage, this letter of credit shall be considered [insert “primary” or “excess” coverage].”
We certify that the wording of this letter of credit is identical to the wording specified in 264.151(k) as such regulations were constituted on the date shown immediately below.
[Signature(s) and title(s) of official(s) of issuing institution]
[Date]
This credit is subject to [insert “the most recent edition of the Uniform Customs and Practice for Documentary Credits, published and copyrighted by the International Chamber of Commerce,” or “the Uniform Commercial Code”].
264.151 APPENDIX L
SOUTH CAROLINA DEPARTMENT OF ENVIRONMENTAL SERVICES BUREAU OF LAND AND WASTE MANAGEMENT
Payment Bond
Surety Bond No. [Insert number] __________
Parties [Insert name and address of owner or operator], Principal, incorporated in [Insert State of incorporation] of [Insert city and State of principal place of business] and [Insert name and address of surety company(ies)], Surety Company(ies), of [Insert surety(ies) place of business].
| EPA Identification Number, name, and address for each facility guaranteed by this bond: | ||||
| Sudden accidental occurrences | Nonsudden accidental occurrences | |||
| Penal Sum Per Occurrence. | [insert amount] [insert amount] | |||
| Annual Aggregate | [insert amount] [insert amount] |
Purpose: This is an agreement between the Surety(ies) and the Principal under which the Surety(ies), its (their) successors and assignees, agree to be responsible for the payment of claims against the Principal for bodily injury and/or property damage to third parties caused by [“sudden” and/or “nonsudden”] accidental occurrences arising from operations of the facility or group of facilities in the sums prescribed herein; subject to the governing provisions and the following conditions.
Governing Provisions:
(2) Rules and regulations of the Department of Environmental Services, particularly R.61-79.264.147 or “265.147”] (if applicable).
Conditions:
(1) The Principal is subject to the applicable governing provisions that require the Principal to have and maintain liability coverage for bodily injury and property damage to third parties caused by [“sudden” and/or “nonsudden”] accidental occurrences arising from operations of the facility or group of facilities. Such obligation does not apply to any of the following:
(c) Bodily injury to:
(2) The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert principal]. This exclusion applies:
(e) Property damage to:
(4) The Surety(ies) shall satisfy a third party liability claim only upon the receipt of one of the following documents:
(a) Certification from the Principal and the third party claimant(s) that the liability claim should be paid. The certification must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
Certification of Valid Claim
The undersigned, as parties [insert name of Principal] and [insert name and address of third party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden] accidental occurrence arising from operating [Principal’s] hazardous waste treatment, storage, or disposal facility should be paid in the amount of $[].
[Signature]
Principal __________
[Notary] Date __________
[Signature(s)] __________
Claimant(s) __________
[Notary] Date __________
or (b) A valid final court order establishing a judgment against the Principal for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the Principal’s facility or group of facilities.
(10) This bond is effective from [insert date] (12:01 a.m., standard time, at the address of the Principal as stated herein) and shall continue in force until terminated as described above.
(b) The term Trustee means the Trustee who enters into this Agreement and any successor Trustee.
Section 2. Identification of Facilities. This agreement pertains to the facilities identified on attached schedule A [on schedule A, for each facility list the EPA Identification Number, name, and address of the facility(ies) and the amount of liability coverage, or portions thereof, if more than one instrument affords combined coverage as demonstrated by this Agreement].
Section 3. Establishment of Fund. The Grantor and the Trustee hereby establish a trust fund, hereinafter the Fund, for the benefit of any and all third parties injured or damaged by [sudden and/or nonsudden] accidental occurrences arising from operation of the facility(ies) covered by this guarantee, in the amounts of __________ [up to $1 million] per occurrence and __________ [up to $2 million] annual aggregate for sudden accidental occurrences and __________ [up to $3 million] per occurrence and __________ [up to $6 million] annual aggregate for nonsudden occurrences, except that the Fund is not established for the benefit of third parties for the following:
(c) Bodily injury to:
(2) The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert Grantor].
This exclusion applies:
(e) Property damage to:
(5) That particular part of real property on which [insert Grantor] or any contractors or subcontractors working directly or indirectly on behalf of [insert Grantor] are performing operations, if the property damage arises out of these operations.
In the event of combination with another mechanism for liability coverage, the fund shall be considered [insert primary or excess] coverage.
The Fund is established initially as consisting of the property, which is acceptable to the Trustee, described in Schedule B attached hereto. Such property and any other property subsequently transferred to the Trustee is referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by the Department.
Section 4. Payment for Bodily Injury or Property Damage. The Trustee shall satisfy a third party liability claim by making payments from the Fund only upon receipt of one of the following documents;
(a) Certification from the Grantor and the third party claimant(s) that the liability claim should be paid. The certification must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
Certification of Valid Claim
The undersigned, as parties [insert Grantor] and [insert name and address of third party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden] accidental occurrence arising from operating [Grantors] hazardous waste treatment, storage, or disposal facility should be paid in the amount of $[].
[Signatures]__________
Grantor
[Signatures]__________
Claimant(s)
(b) A valid final court order establishing a judgment against the Grantor for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the Grantors facility or group of facilities.
Section 5. Payments Comprising the Fund. Payments made to the Trustee for the Fund shall consist of cash or securities acceptable to the Trustee.
Section 6. Trustee Management. The Trustee shall invest and reinvest the principal and income, in accordance with general investment policies and guidelines which the Grantor may communicate in writing to the Trustee from time to time, subject, however, to the provisions of this section. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge his duties with respect to the trust fund solely in the interest of the beneficiary and with the care, skill, prudence, and diligence under the circumstance then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims; except that:
(ii) The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent insured by an agency of the Federal or State government; and
(iii) The Trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable time and without liability for the payment of interest thereon.
Section 7. Commingling and Investment. The Trustee is expressly authorized in its discretion:
(b) To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 U.S.C. 81a-1 et seq., including one which may be created, managed, underwritten, or to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion.
Section 8. Express Powers of Trustee. Without in any way limiting the powers and discretions conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered:
(e) To compromise or otherwise adjust all claims in favor of or against the Fund.
Section 9. Taxes and Expenses. All taxes of any kind that may be assessed or levied against or in respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly by the Grantor, and all other proper charges and disbursements of the Trustee shall be paid from the Fund.
Section 10. Annual Valuations. The Trustee shall annually, at least 30 days prior to the anniversary date of establishment of the Fund, furnish to the Grantor and to the appropriate EPA Regional Administrator a statement confirming the value of the Trust. Any securities in the Fund shall be valued at market value as of no more than 60 days prior to the anniversary date of establishment of the Fund. The failure of the Grantor to object in writing to the Trustee within 90 days after the statement has been furnished to the Grantor and the Department shall constitute a conclusively binding assent by the Grantor barring the Grantor from asserting any claim or liability against the Trustee with respect to matters disclosed in the statement.
Section 11. Advice of Counsel. The Trustee may from time to time consult with counsel, who may be counsel to the Grantor with respect to any question arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel.
Section 12. Trustee Compensation. The Trustee shall be entitled to reasonable compensation for its services as agreed upon in writing from time to time with the Grantor.
Section 13. Successor Trustee. The Trustee may resign or the Grantor may replace the Trustee, but such resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustees acceptance of the appointment, the Trustee shall assign, transfer, and pay over to the successor trustee the funds and properties then constituting the Fund. If for any reason the Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in a writing sent to the Grantor, the Department, and the present Trustee by certified mail 10 days before such change becomes effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this section shall be paid as provided in Section 9.
Section 14. Instructions to the Trustee. All orders, requests, and instructions by the Grantor to the Trustee shall be in writing, signed by such persons as are designated in the attached Exhibit A or such other designees as the Grantor may designate by amendments to Exhibit A. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantors orders, requests, and instructions. All orders, requests, and instructions by the Department to the Trustee shall be in writing, signed by a representative of the Department, and the Trustee shall act and shall be fully protected in acting in accordance with such orders, requests, and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the Grantor or the Department hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, requests, and instructions from the Grantor and/or the Department, except as provided for herein.
Section 15. Notice of Nonpayment. If a payment for bodily injury or property damage is made under Section 4 of this trust, the Trustee shall notify the Grantor of such payment and the amount(s) thereof within five (5) working days. The Grantor shall, on or before the anniversary date of the establishment of the Fund following such notice, either make payments to the Trustee in amounts sufficient to cause the trust to return to its value immediately prior to the payment of claims under Section 4, or shall provide written proof to the Trustee that other financial assurance for liability coverage has been obtained equalling the amount necessary to return the trust to its value prior to the payment of claims. If the Grantor does not either make payments to the Trustee or provide the Trustee with such proof, the Trustee shall within 10 working days after the anniversary date of the establishment of the Fund provide a written notice of nonpayment to the Department.
Section 16. Amendment of Agreement. This Agreement may be amended by an instrument in writing executed by the Grantor, the Trustee, and the Department, or by the Trustee and the Department if the Grantor ceases to exist.
Section 17. Irrevocability and Termination. Subject to the right of the parties to amend this Agreement as provided in Section 16, this Trust shall be irrevocable and shall continue until terminated at the written agreement of the Grantor, the Trustee, and the Department, or by the Trustee and the Department, if the Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expenses, shall be delivered to the Grantor.
The Department will agree to termination of the Trust when the owner or operator substitutes alternate financial assurance as specified in this section.
Section 18. Immunity and Indemnification. The Trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Grantor or the Department issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund, or both, from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide such defense.
Section 19. Choice of Law. This Agreement shall be administered, construed, and enforced according to the laws of the State of South Carolina.
Section 20. Interpretation. As used in this Agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each section of this Agreement shall not affect the interpretation or the legal efficacy of this Agreement.
In Witness Whereof the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above written. The parties below certify that the wording of this Agreement is identical to the wording specified in 264.151(m) as such regulations were constituted on the date first above written.
__________
[Signature of Grantor]
[Title]
Attest:
[Title]
[Seal]
__________
[Signature of Trustee]
Attest:
[Title]
[Seal]
264.151 APPENDIX M—(2)
SOUTH CAROLINA DEPARTMENT OF ENVIRONMENTAL SERVICES BUREAU OF LAND AND WASTE MANAGEMENT
Certification of Acknowledgement
State of __________
County of __________
On this [date], before me personally came [owner or operator] to me known, who, being by me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the corporation described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order.
__________
[Signature of Notary Public]
264.151 APPENDIX N—(1)
SOUTH CAROLINA DEPARTMENT OF ENVIRONMENTAL SERVICES BUREAU OF LAND AND WASTE MANAGEMENT
Standby Trust Agreement
Trust Agreement, the “Agreement,” entered into as of [date] by and between [name of the owner or operator] a [name of a State] [insert “corporation,” “partnership,” “association,” or “proprietorship”], the “Grantor,” and [name of corporate trustee], [insert, “incorporated in the State of __________” or “a national bank”], the “trustee.”
Whereas the South Carolina Department of Environmental Services, “the Department”, an agency of the State of South Carolina Government, has established certain regulations applicable to the Grantor, requiring that an owner or operator of a hazardous waste management facility or group of facilities must demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden accidental and/or nonsudden accidental occurrences arising from operations of the facility or group of facilities.
Whereas, the Grantor has elected to establish a standby trust into which the proceeds from a letter of credit may be deposited to assure all or part of such financial responsibility for the facilities identified herein.
Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee.
Now, therefore, the Grantor and the Trustee agree as follows:
Section 1. Definitions. As used in this Agreement:
(b) The term Trustee means the Trustee who enters into this Agreement and any successor Trustee.
Section 2. Identification of Facilities. This agreement pertains to the facilities identified on attached schedule A [on schedule A, for each facility list the EPA Identification Number, name, and address of the facility(ies) and the amount of liability coverage, or portions thereof, if more than one instrument affords combined coverage as demonstrated by this Agreement].
Section 3. Establishment of Fund. The Grantor and the Trustee hereby establish a standby trust fund, hereafter the “Fund,” for the benefit of any and all third parties injured or damaged by [sudden and/or nonsudden] accidental occurrences arising from operation of the facility(ies) covered by this guarantee, in the amounts of __________ [up to $1 million] per occurrence and __________ [up to $2 million] annual aggregate for sudden accidental occurrences and __________ [up to $3 million] per occurrence and __________ [up to $6 million] annual aggregate for nonsudden occurrences, except that the Fund is not established for the benefit of third parties for the following:
(c) Bodily injury to:
(2) The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert Grantor].
This exclusion applies:
(e) Property damage to:
(5) That particular part of real property on which [insert Grantor] or any contractors or subcontractors working directly or indirectly on behalf of [insert Grantor] are performing operations, if the property damage arises out of these operations.
In the event of combination with another mechanism for liability coverage, the fund shall be considered [insert “primary” or “excess”] coverage.
The Fund is established initially as consisting of the proceeds of the letter of credit deposited into the Fund. Such proceeds and any other property subsequently transferred to the Trustee is referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by the Department.
Section 4. Payment for Bodily Injury or Property Damage. The Trustee shall satisfy a third party liability claim by drawing on the letter of credit described in Schedule B and by making payments from the Fund only upon receipt of one of the following documents:
(a) Certification from the Grantor and the third party claimant(s) that the liability claim should be paid. The certification must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
Certification of Valid Claim
The undersigned, as parties [insert Grantor] and [insert name and address of third party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden] accidental occurrence arising from operating [Grantors] hazardous waste treatment, storage, or disposal facility should be paid in the amount of $[__________].
[Signature] __________
Grantor __________
[Signatures] __________
Claimant(s) __________
(b) A valid final court order establishing a judgment against the Grantor for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the Grantors facility or group of facilities.
Section 5. Payments Comprising the Fund. Payments made to the Trustee for the Fund shall consist of the proceeds from the letter of credit drawn upon by the Trustee in accordance with the requirements of 264.151(k) and Section 4 of this Agreement.
Section 6. Trustee Management. The Trustee shall invest and reinvest the principal and income, in accordance with general investment policies and guidelines which the Grantor may communicate in writing to the Trustee from time to time, subject, however, to the provisions of this Section. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge his duties with respect to the trust fund solely in the interest of the beneficiary and with the care, skill, prudence, and diligence under the circumstances then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims; except that:
(ii) The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent insured by an agency of the Federal or a State government; and
(iii) The Trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable time and without liability for the payment of interest thereon.
Section 7. Commingling and Investment. The Trustee is expressly authorized in its discretion:
(b) To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq., including one which may be created, managed, underwritten, or to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion.
Section 8. Express Powers of Trustee. Without in any way limiting the powers and discretions conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered:
(e) To compromise or otherwise adjust all claims in favor of or against the Fund.
Section 9. Taxes and Expenses. All taxes of any kind that may be assessed or levied against or in respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly by the Grantor, and all other proper charges and disbursements to the Trustee shall be paid from the Fund.
Section 10. Advice of Counsel. The Trustee may from time to time consult with counsel, who may be counsel to the Grantor, with respect to any question arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel.
Section 11. Trustee Compensation. The Trustee shall be entitled to reasonable compensation for its services as agreed upon in writing from time to time with the Grantor.
Section 12. Successor Trustee. The Trustee may resign or the Grantor may replace the Trustee, but such resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustees acceptance of the appointment, the Trustee shall assign, transfer, and pay over to the successor trustee the funds and properties then constituting the Fund. If for any reason the Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in a writing sent to the Grantor, the Department and the present Trustee by certified mail ten (10) days before such change becomes effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this Section shall be paid as provided in Section 9.
Section 13. Instructions to the Trustee. All orders, requests, certifications of valid claims, and instructions to the Trustee shall be in writing, signed by such persons as are designated in the attached Exhibit A or such other designees as the Grantor may designate by amendments to Exhibit A. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantors orders, requests, and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the Grantor or the Department hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, requests, and instructions from the Grantor and/or the Department, except as provided for herein.
Section 14. Amendment of Agreement. This Agreement may be amended by an instrument in writing executed by the Grantor, the Trustee, and the Department, or by the Trustee and the Department if the Grantor ceases to exist.
Section 15. Irrevocability and Termination. Subject to the right of the parties to amend this Agreement as provided in Section 14, this Trust shall be irrevocable and shall continue until terminated at the written agreement of the Grantor, the Trustee, and the Department, or by the Trustee and the Department, if the Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expenses, shall be paid to the Grantor.
The Department will agree to termination of the Trust when the owner or operator substitutes alternative financial assurance as specified in this section.
Section 16. Immunity and indemnification. The Trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Grantor and the Department issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund, or both, from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide such defense.
Section 17. Choice of Law. This Agreement shall be administered, construed, and enforced according to the laws of the State of South Carolina.
Section 18. Interpretation. As used in this Agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each Section of this Agreement shall not affect the interpretation of the legal efficacy of this Agreement.
In Witness Whereof the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above written. The parties below certify that the wording of this Agreement is identical to the wording specified in 264.151(n) as such regulations were constituted on the date first above written.
__________
[Signature of Grantor]
[Title]
Attest:
[Title]
[Seal]
__________
[Signature of Trustee]
Attest:
[Title]
[Seal]
264.151 APPENDIX N—(2) (12/93; 5/96)
SOUTH CAROLINA DEPARTMENT OF ENVIRONMENTAL SERVICES BUREAU OF LAND AND WASTE MANAGEMENT
Certification of Acknowledgment
State of __________
County of __________
On this [date], before me personally came [owner or operator] to me known, who, being by me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the corporation described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order.
__________
[Signature of Notary Public]
SUBPART I
Use and Management of Containers
264.170. Applicability.
The regulations in this Subpart apply to owners and operators of all hazardous waste facilities that store containers of hazardous waste, except as 264.1 provides otherwise.
[Comment: Under 261.7 and 261.33(c), if a hazardous waste is emptied from a container the residue remaining in the container is not considered a hazardous waste if the container is empty as defined in 261.7. In that event, management of the container is exempt from the requirements of this subpart.]
264.171. Condition of containers.
If a container holding hazardous waste is not in good condition (e.g., severe rusting, apparent structural defects) or if it begins to leak, the owner or operator must transfer the hazardous waste from this container to a container that is in good condition or manage the waste in some other way that complies with the requirements of this part.
264.172. Compatibility of waste with containers.
The owner or operator must use a container made of or lined with materials which will not react with, and are otherwise compatible with, the hazardous waste to be stored, so that the ability of the container to contain the waste is not impaired.
264.173. Management of containers.
In Witness Whereof, the Principal and Surety(ies) have executed this Bond and have affixed their seals on the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the wording specified in 264.151(1), as such regulations were constituted on the date this bond was executed.
PRINCIPAL
[Signature(s)] __________
[Name(s)] __________
[Title(s)] __________
[Corporate Seal] __________
CORPORATE SURETY[IES]
[Name and address] __________
State of incorporation: __________
Liability Limit: $__________
[Signature(s)] __________
[Name(s) and title(s)] __________
[Corporate seal] __________
[For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.]
Bond premium: $__________
264.151 APPENDIX M—(1) (12/93; 5/96)
SOUTH CAROLINA DEPARTMENT OF ENVIRONMENTAL SERVICES BUREAU OF LAND AND WASTE MANAGEMENT
Trust Agreement
Trust Agreement, the Agreement, entered into as of [date] by and between [name of the owner or operator] a [name of State] [insert corporation, partnership, association, or proprietorship], the Grantor and [name of corporate trustee], [insert, incorporated in the State of __________ or a national bank], the trustee.
Whereas, the Department, an agency of the State of South Carolina Government, has established certain regulations applicable to the Grantor, requiring that an owner or operator of a hazardous waste management facility or group of facilities must demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden accidental and/or nonsudden accidental occurrences arising from operations of the facility or group of facilities.
Whereas, the Grantor has elected to establish a trust to assure all or part of such financial responsibility for the facilities identified herein.
Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee.
Now, therefore, the Grantor and the Trustee agree as follows:
Section 1. Definitions. As used in this Agreement:
(d) Each container shall be appropriately labeled with EPA hazardous waste number.
[Comment: Reuse of containers in transportation is governed by U.S. Department of Transportation regulations including those set forth in 49 CFR 173.28.]
264.174.
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 sections 264.15(c) and 264.171 for remedial action required if deterioration or leaks are detected.
264.175. Containment.
(b) A containment system must be designed and operated as follows: (amended 11/90)
(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.
[Comment: If the collected material is a hazardous waste under 261, it must be managed as a hazardous waste in accordance with all applicable requirements of parts 262 through 266. If the collected material is discharged through a point source to waters of the United States, it is subject to the requirements of section 402 of the Clean Water Act, as amended.] (revised 12/92)
(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:
(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:
(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) from the facility’s property line.
[Comment: See 264.17(a) for additional requirements.]
264.177. Special requirements for incompatible wastes.
(b) Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material.
[Comment: 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.]
(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.
(c) Tanks, sumps, and other such collection devices or systems used in conjunction with drip pads, as defined in 260.10 and regulated under part 264 subpart W, must meet the requirements of this subpart.
264.191. Assessment of existing tank system’s integrity.
[Comment: The purpose of this section is to prevent fires, explosions, gaseous emission, leaching, or other discharge of hazardous waste or hazardous waste constituents which could result from the mixing of incompatible wastes or materials if containers break or leak.]
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.
[Comment: At closure, as throughout the operating period, unless the owner or operator can demonstrate in accordance with 261.3(d) of this chapter that the solid waste removed from the containment system is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must manage it in accordance with all applicable requirements of parts 262 through 266 of this chapter].
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
Tank Systems
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), and (c) of this section or in 264.1 (revised 12/92).
(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:
(5) Results of a leak test, internal inspection, or other tank integrity examination such that:
(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 a qualified Professional Engineer in accordance with R.61-79.270.11(d), that addresses cracks, leaks, corrosion, and erosion.
[Note: The practices described in the American Petroleum Institute (API) Publication, Guide for Inspection of Refinery Equipment, Chapter XIII, Atmospheric and Low Pressure Storage Tanks, 4th edition, 1981, may be used, where applicable, as guidelines in conducting other than a leak test.]
(d) If, as a 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 Section 264.196.
264.192. Design and installation of new tank systems 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, reviewed and certified by a qualified Professional Engineer, in accordance with R.61-79.270.11(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. This 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:
(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 export of:
(i) Factors affecting the potential for corrosion, including but not limited to:
(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:
(C) Electrical isolation devices such as insulating joints, flanges, etc. (amended 11/90)
[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.]
(5) Design considerations to ensure that
(ii) Tank systems will be anchored to prevent flotation or dislodgment where the tank system is placed in a saturated zone, or is located within a seismic fault zone subject to the standard 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 a qualified 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:
(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.]
(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 R.61-79.270.11(d).
264.193. Containment and detection of releases.
(a) In 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:
(b) Secondary containment systems must be:
(c) To meet the requirements of paragraph (b) of this section, secondary containment systems must be at a minimum:
(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 with 24 hours.
(ii) [Removed 12/92]
(iii) [Removed 12/92]
[Note: If the collected material is a hazardous waste under R.61-79.261, it is subject to management as a hazardous waste in accordance with all applicable requirements of R.61-79.262 through R.61-79.266.
If the collected material is discharged through a point source to waters of the State, it is subject to the requirements of SC Pollution Control Act and 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 SC Pollution Control Act and 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 SC Pollution Control Act and the reporting requirements of 40 CFR part 302.]
(d) Secondary containment for tanks must include one or more of the following devices:
(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:
(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
(2) Vault systems must be:
(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 at all joints (if any);
(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:
(3) Double-walled tanks must be:
(ii) Protected, if constructed of metal, from both corrosion of the primary tank interior and of the external surface of the outer shell; and
(iii) Provided with a built-in continuous leak detection system capable of detecting a release within 24 hours, or at the earliest practicable time, if the owner or operator can demonstrate to the Department and the Department concludes, that the existing detection technology or site conditions would not allow detection of a release within 24 hours.
[Note: The provisions outlined in the Steel Tank Institutes (STI) Standard for Dual Wall Underground Steel Storage Tanks may be used as guidelines for aspects of the design of underground steel doublewalled 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:
(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 groundwater; 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 groundwater 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 groundwater and surface water, the Department will consider:
(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 groundwater; and
(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 groundwater, surface water, and land quality taking into account:
(ii) The potential adverse effects of a release on groundwater quality, taking into account:
(D) The existing quality of groundwater, including other sources of contamination and their cumulative impact on the groundwater quality;
(iii) The potential adverse effects of a release on surface water quality, taking into account:
(iv) The potential adverse effects of a release on the land surrounding the tank system, taking into account:
(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:
(ii) Decontaminate or remove contaminated soil to the extent necessary to:
(B) Prevent the migration of hazardous waste or hazardous constituents to groundwater or surface water; and
(iii) If contaminated soil cannot be removed or decontaminated in accordance with paragraph (g)(3)(ii) of this section, comply with the requirement of Section 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 paragraph (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:
(ii) Prevent the migration of hazardous waste or hazardous constituents to groundwater or surface water, if possible, and decontaminate or remove contaminated soil. If contaminated soil cannot be decontaminated or removed or if groundwater has been contaminated, the owner or operator must comply with the requirements of Section 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 Section 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 groundwater 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 intends to conduct and submit a demonstration for a variance from secondary containment as allowed in paragraph (g) according to the following schedule:
(i) All tank systems, until such time as secondary containment that meets the requirements of this section is provided, must comply with the following:
(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.]
(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 Section 264.196.
264.194. General operating requirements.
(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:
(c) The owner or operator must comply with the requirements of Section 264.196 below if a leak or spill occurs in the tank system.
264.195. Inspections.
(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.
[Note: Section 264.15(c) requires the owner or operator to remedy any deterioration or malfunction he finds. Section 264.196 requires the owner or operator to notify the Department within 24 hours of confirming a leak. Also, 40 CFR part 302 may require the owner or operator to notify the National Response Center of a release.]
(c) In addition, except as noted under paragraph (d) of this section, the owner or operator must inspect 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:
(2) All sources of impressed current must be inspected and/or tested, as appropriate, at least bimonthly (i.e, every other month).
[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 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.
(b) Removal of waste from tank system or secondary containment system.
(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:
(d) Notifications, reports.
(2) A leak or spill of hazardous waste that is exempted from the requirements of this paragraph if it is:
(3) Within 30 days of detection of a release to the environment, a report containing the following information must be submitted to the Department:
(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.
(e) Provision of secondary containment, repair, or closure.
(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 a qualified Professional Engineer in accordance with R.61-79.270.11(d) that the repaired system is capable of handling hazardous wastes without release for the intended life of the system. This certification must be placed in the operating record and maintained until closure of the facility.
[Note: 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 S.C. 48-1-50, or 44-56-130, or 44-56-140, or 44-56-50, or under RCRA section 3004(v), 3008(h), or 7003(a) 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.
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:
(c) If an owner or operator has a tank system that does not have secondary containment that meets the requirements of Section 264.193 (b) through (f) and has not been granted a variance from the secondary containment requirements in accordance with Section 264.193(g), then:
(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 Subparts G and H of this Part.
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:
(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.
(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 Subpart A Section 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 R.61-79.265.221 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 groundwater 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 groundwater or surface water) during the active life of the facility, provided that the impoundment is closed in accordance with Section 264.228(a)(1). For impoundments that will be closed in accordance with Section 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:
(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 Subpart F Section 264.93) into the groundwater or surface water at any future time. In making such demonstration, the owner or operator shall consider:
(c) The owner or operator of each new surface impoundment unit 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 this chapter under “existing facility”.
(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:
(ii) Constructed of granular drainage materials with a hydraulic conductivity of 1×10-1cm/ 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 3×10-4m2/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;
(1)(i) The liner system must include:
(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:
(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 TCLP toxicity characteristics in R.61-79.261.24; and
(2)(i)(A) The monofill has at least one liner for which there is no evidence that such 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 a liner designed, constructed, installed, and operated to prevent hazardous waste from migrating beyond the liner to adjacent subsurface soil, groundwater, 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;
(f) The owner or operator of any replacement surface impoundment unit is exempt from paragraph (c) of this section if:
(j) A surface impoundment shall be designed and constructed such that the bottom of any liner system or natural in-place barrier is at least five (5) feet above the seasonal high water table unless it can be demonstrated to the Department that adequate protection of the groundwater can be maintained at a lesser distance.
264.222. Action leakage rate.
(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 section 264.228(b), monthly during the post-closure care period when monthly monitoring is required under section 264.226(d).
264.223. Response actions.
(b) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator must:
(c) To make the leak and/or remediation determinations in paragraphs (b) (3), (4), and (5) of this section, the owner or operator must:
(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.
264.226. Monitoring and inspection.
(1)(i) Assess the source of liquids and amounts of liquids by source,
(a) During construction and installation, liners [except in the case of existing portions of surface impoundments exempt from Section 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:
(b) While a surface impoundment is in operation, it must be inspected weekly and after storms to detect evidence of any of the following:
(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 registered 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:
(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.
(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:
(b) When a surface impoundment must be removed from service as required by paragraph (a) of this section, the owner or operator must:
(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:
(2) If the impoundment was removed from service as the result of a sudden drop in the liquid level, then:
(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 Section 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 R.61-79.261.3(d) applies; or,
(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: (amended 6/89)
(2)(i) Eliminate free liquids by removing liquid wastes or solidifying the remaining wastes and waste residues;
(b) If some waste residues or contaminated materials are left in place at final closure, the owner or operator must comply with all postclosure requirements contained in 264.117 through .120 including maintenance and monitoring throughout the postclosure care period (specified in the permit under 264.117). The owner or operator must:
(4) Prevent runon and runoff 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 Section 264.221(a) and is not exempt from them in accordance with Section 264.221(b), then:
(2) The cost estimates calculated under Subpart H Sections 264.142 and 264.144 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.
264.230. Special requirements for incompatible wastes.
Incompatible wastes, or incompatible wastes and materials, (See Appendix V of this regulation for examples) must not be placed in the same surface impoundment, unless Section 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 regulation. The factors to be considered are:
(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 groundwater, 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.
SUBPART L
Waste Piles
264.250. Applicability.
(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 Section 264.251 below or under Subpart F of this regulation, provided that:
(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 groundwater 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 groundwater or surface water) during the active life of the facility. The liner must be:
(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. This system shall be designed and operated 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:
(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 Subpart F Section 264.93) into the groundwater or surface water at any future time. In making such demonstration, the owner or operator shall consider:
(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.
(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:
(ii) Constructed of granular drainage materials with a hydraulic conductivity of 1×10-2 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 3×10-5 m2/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;
(1)(i) The liner system must include:
(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:
(f) The owner or operator of any replacement waste pile unit is exempt from paragraph (c) of this section if:
(k) The owner or operator shall specify in the permit application all design and operating practices that are necessary to ensure that the requirements of this section are satisfied.
264.252. Action leakage rate.
(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 section 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.
(b) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator must:
(c) To make the leak and/or remediation determinations in paragraphs (b) (3), (4), and (5) of this section, the owner or operator must:
(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.
(1)(i) Assess the source of liquids and amounts of liquids by source,
(a) During construction or installation, liners [except in the case of existing portions of piles exempt from Section 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:
(b) While a waste pile is in operation, it must be inspected weekly and after storms to detect evidence of any of the following:
(c) An owner or operator required to have a leak detection system under section 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.
264.256. Special requirements for ignitable or reactive wastes.
Ignitable or reactive waste must not be placed in a waste pile.
264.257. Special requirements for incompatible wastes.
(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 Section 264.17(b).
264.258. Closure and post-closure care.
(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 must close the facility and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills (Section 264.310).
(2) The cost estimates calculated under Sections 264.142 and 264.144 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.
(c)(1) The owner or operator of a waste pile that does not comply with the liner requirements of Section 264.251(a)(1) and is not exempt from them in accordance with Sections 264.250(c) or 264.251(b), must:
(a) Hazardous Wastes F020, F021, F022, F023, F026, and F027 must not be placed in waste piles that are not enclosed [as defined in Section 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 Regulation. The factors to be considered are:
(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 groundwater, surface water, or air so as to protect human health and the environment.
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 Subpart A Section 264.1 above 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 owner or operator shall specify in the permit application the elements of the treatment program, including:
(c) The owner or operator will specify in his permit application the vertical and horizontal dimensions of the treatment zone. 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:
(2) More than 1.5 meters (5 feet) above the seasonal high water table.
264.272. Treatment demonstration.
(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:
(ii) The climate in the area;
(iii) The topography of the surrounding area;
(3) Be conducted in a manner that protected human health and the environment considering:
(ii) The operating and monitoring measures taken during the course of the test;
(iii) The duration of the test;
(v) In the case of field tests, the potential for migration of hazardous constituents to groundwater or surface water.
264.273. Design and operating requirements.
The owner or operator shall specify in the permit application how the owner or operator will design, construct, operate, and maintain the land treatment unit 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 Section 264.272. At a minimum, the owner or operator shall specify the following in the permit application:
(g) The owner or operator must inspect the unit weekly and after storms to detect evidence of:
(2) Improper functioning of wind dispersal control measures.
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 owner or operator shall specify in his permit application the specific food-chain crops which he intends to grow and necessary documentation of the following:
(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:
(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:
(b) The owner or operator must comply with the following conditions if cadmium is contained in wastes applied to the treatment zone:
(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 Dec. 31, 1986 | 1.25 |
| Beginning Jan. 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) Future property owners must be notified by a stipulation in the land record or property deed which states that the property has received waste at high cadmium application rates and that food-chain crops must not be grown except in compliance with paragraph (b)(2) of this section.
264.278. Unsaturated zone monitoring.
An owner or operator subject to this subpart must establish an unsaturated zone monitoring program to discharge the following responsibilities:
(1)(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;
(a) The owner or operator must monitor the soil and soil-pore liquid to determine whether hazardous constituents migrate out of the treatment zone.
(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:
(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.
(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:
(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 conducts soil monitoring and soil-pore liquid monitoring under paragraph (d) of this section.
(3) The owner or operator must determine whether there is a statistically significant increase below the treatment zone using a statistical procedure that is approved by the Department and that provides reasonable confidence that migration from the treatment zone will be identified. The owner or operator shall specify in the permit application a statistical procedure that:
(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 must:
(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 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 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:
(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 Section 264.73.
264.280. Closure and postclosure care.
(a) During the closure period the owner or operator must:
(c) During the post-closure care period the owner or operator must:
(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 postclosure 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 Section 264.271(b).
(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:
(e) The owner or operator is not subject to regulation under Subpart F of this regulation if the Department finds that the owner or operator satisfies paragraph (d) of this section and if unsaturated zone monitoring under Section 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.
Ignitable or reactive wastes must not be treated or disposed in land treatment units.
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 regulation for examples), in or on the same treatment zone, unless Section 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 and 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 regulation. The factors to be considered are:
(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 groundwater, surface water, or air so as to protect human health and the environment.
SUBPART N
Landfills
264.300. Applicability.
The regulations in this subpart apply to owners and operators of facilities that dispose of hazardous waste in landfills, except as Subpart A Section 264.1 provides otherwise.
264.301. Design and operating requirements.
(a) Any landfill that is not covered by paragraph (c) of this section or Section 265.301 (a) of this regulation 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 groundwater 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:
(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:
(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 Section 264.93) into the groundwater or surface water at any future time. In deciding whether to grant an exemption, the Department will consider:
(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 this chapter under “existing facility”.
(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:
(ii) Constructed of granular drainage materials with a hydraulic conductivity of 1 × 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 × 10-5 m2/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;
(1)(i) The liner system must include:
(d) 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:
(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 Characteristics in R.61-79.261.24 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 such liner is leaking;
(f) The owner or operator of any replacement landfill unit is exempt from paragraph (c) of this section if:
(l) The owner or operator of a landfill which is not exempt from the requirements of R.61-79.264 Subpart F pursuant to R.61-79.264.90(b) shall maintain at least ten feet of naturally occurring material with an average permeability of no more than 1E-06 centimeter per second directly beneath and in contact with the bottom of the constructed liner system as required under R.61-79.264.301(a) and (c).
264.302. Action leakage rate.
(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 section 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 Section 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:
(b) While a landfill is in operation, it must be inspected weekly and after storms to detect evidence of any of the following:
(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 Sections 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.
(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.
(b) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator must:
(c) To make the leak and/or remediation determinations in paragraphs (b)(3), (4), and (5) of this section, the owner or operator must:
(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.
264.309. Surveying and recordkeeping.
The owner or operator of a landfill must maintain the following items in the operating record required under Subpart E Section 264.73:
(c) The date and volume or quantity of leachate which was withdrawn from the cells.
264.310. Closure and postclosure care.
(1)(i) Assess the source of liquids and amounts of liquids by source,
(a) At final closure of the landfill or upon closure of any cell, (revised 12/92) the owner or operator must cover the landfill or cell with a final cover designed and constructed to:
(b) After final closure, the owner or operator must comply with all postclosure requirements contained in 264.117 through 264.120, including maintenance and monitoring throughout the postclosure care period (specified in the permit under 264.117). The owner or operator must:
(6) Protect and maintain surveyed benchmarks used in complying with 264.309.
264.312. Special requirements for ignitable or reactive waste.
Except as provided in Section 264.316, ignitable or reactive waste must not be placed in a landfill.
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 Section 264.17(b) is complied with.
264.314. Special requirements for bulk and containerized liquids.
(c) Containers holding free liquids must not be placed in a landfill unless:
(1) All free-standing liquid:
(ii) has been mixed with absorbent or solidified so that free-standing liquid is no longer observed; or
(iii) has been otherwise eliminated; or
(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 (d)(1) of this section; materials that pass one of the tests in paragraph (d)(2) of this section; or materials that are determined by the Department and EPA to be nonbiodegradable through the part 260 petition process.
(1) Nonbiodegradable sorbents.
(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.
(ii) The sorbent material is determined to be nonbiodegradable under ASTM Method G22-76 (1984b)-Standard Practice for Determining Resistance of Plastics to Bacteria; or
(iii) The sorbent material is determined to be non-biodegradable under OECD test 301B: [CO2 Evolution (Modified Sturm Test)].
(e) The placement of any liquid which is not a hazardous waste in a landfill is prohibited unless the owner or operator of such landfill demonstrates to the Department, or the Department determines that:
(2) Placement in such owner or operator’s landfill will not present a risk of contamination of any underground source of drinking water (as that term is defined in Department regulation R.61-68.
264.315. Special requirements for containers.
Unless they are very small, such as an ampule, containers must be either:
(b) Crushed, shredded, or similarly reduced in volume to the maximum practical extent before placement or 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:
(f) Such disposal is in compliance with the requirements of 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 regulation. The factors to be considered are:
(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 groundwater, surface water, or air so as to protect human health and the environment.
SUBPART O
Incinerators
264.340. Applicability.
(a) The regulations of this subpart apply to owners and operators of facilities that incinerate hazardous waste (as defined in 260.10), except as 264.1 provides otherwise. The following facility owners or operators are considered to incinerate hazardous waste:
(b) Integration of the MACT standards. (9/01)
(4) The following requirements remain in effect for startup, shutdown, and malfunction events if you elect to comply with 270.235(a)(1)(i) to minimize emissions of toxic compounds from these events:
(c) After consideration of the waste analysis included with Part B of the permit application, the Department, upon demonstration by the owner or operator, must exempt the applicant from all requirements of this Subpart except 264.341 (Waste Analysis) and 264.351 (Closure),
(1) If the Department finds that the waste to be burned is:
(ii) Listed as a hazardous waste in part 261, Subpart D, 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; or
(e) The owner or operator of an incinerator may conduct trial burns subject only to the requirements of Section 270.62 (hazardous waste incinerator permits).
264.341. Waste analysis.
(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 his permit application (under 264.345(b)).
264.342. Principal organic hazardous constituents (POHCs).
(a) Principal organic hazardous constituents (POHCs) in the waste feed must be treated to the extent required by the performance standard of Section 264.343.
(2) Trial POHC’s will be designated for performance of trial burns in accordance with the procedure specified in R.61-79.270.62 for obtaining trial burn permits.
264.343. Performance standards.
An incinerator burning hazardous waste must be designed, constructed, and maintained so that, when operated in accordance with operating requirements specified under 264.345, it will meet the following performance standards: (amended 11/90)
(a)(1) Except as provided in paragraph (a)(2), an incinerator burning hazardous waste must achieve a destruction and removal efficiency (DRE) of 99.99% for each principal organic hazardous constituent (POHC) designated (under Section 264.342) in its permit application for each waste feed. DRE is determined for each POHC from the following equation:
| DRE | = | (Win - Wout) | × | 100% |
| Win | ||||
| where: | ||||
| Win = mass feed rate of one principal organic hazardous constituent (POHC) in the waste stream feeding the incinerator, | ||||
| and | ||||
| Wout = Mass emission rate of the same POHC present in exhaust emissions prior to release to the atmosphere. |
(c) An incinerator burning hazardous waste must not emit particulate matter in excess of 180 milligrams per dry standard cubic meter (0.08 grains per dry standard cubic foot) when corrected for the amount of oxygen in the stack gas according to the formula:
| 14 | ||||
| Pc | = | Pm | × | |
| 21 - Y |
Where PC is the corrected concentration of particulate matter, PM is the measured concentration of particulate matter, and Y is the measured concentration of oxygen in the stack gas, using the Orsat method for oxygen analysis of dry flue gas presented in 40 CFR part 60, appendix A (Method 3), of this chapter. This correction procedure is to be used by all hazardous waste incinerators except those operating under conditions of oxygen enrichment. For these an appropriate correction procedure, to be specified in the facility permit application.
(d) For purposes of permit enforcement, compliance with the operating requirements specified in the permit application (under Sections 264.345) will be regarded as compliance with this section. However, evidence that compliance with those permit conditions is insufficient to ensure compliance with the performance requirements of this section may be “information” justifying modification, revocation, or reissuance of a permit under R.61-79.270.41.
264.344. Hazardous waste incinerator permits.
(b)(1) One or more POHC’s will be specified in the owner’s or operator’s facility’s permit application, from among those constituents listed in R.61-79.261, appendix VIII, for each waste feed to be burned. This specification will be based on the degree of difficulty of incineration of the organic constituents in the waste and on their concentration or mass in the waste feed, considering the results of waste analyses and trial burns or alternative data submitted with Part B of the facility’s permit application. Organic constituents which represent the greatest degree of difficulty of incineration will be those most likely to be designated as POHC’s. Constituents are more likely to be designated as POHC’s if they are present in large quantities or concentrations in the waste. (amended 11/90)
(a) The owner or operator of a hazardous waste incinerator may burn only wastes specified in his permit application and only under operating conditions specified in his permit application for those wastes under 264.345, except:
(c) The permit application for a new hazardous waste incinerator 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 Sections 264.345, sufficient to comply with the following standards:
(4) For the remaining duration of the permit, the operating requirements must be those demonstrated, in a trial burn or by alternative data specified in R.61-79.270.19(c) is sufficient to ensure compliance with the performance standards of Section 264.343.
264.345. Operating requirements.
(b) Each set of operating requirements shall specify the composition of the waste feed (including acceptable variations in the physical or chemical properties of the waste feed which will not affect compliance with the performance requirements of Section 264.343) to which the operating requirements apply. For each such waste feed, the permit application shall specify acceptable operating limits including the following conditions:
(d) Fugitive emissions from the combustion zone must be controlled by:
(f) An incinerator must cease operation when changes in waste feed, incinerator design, or operating conditions exceed limits designated in its permit application.
264.347. Monitoring and inspections.
(a) The owner or operator must conduct, as a minimum, the following monitoring while incinerating hazardous waste:
(d) This monitoring and inspection data must be recorded and the records must be placed in the operating record required by 264.73 of this regulation and maintained in the operating record for five years.
264.351. 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 site.
Comment: At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with 261.3(d) of this chapter, that the residue removed from the incinerator 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.
SUBPART S
Special Provisions for Cleanup
264.550. Applicability of Corrective Action Management Unit (CAMU) Regulations.
(b) CAMUs that were approved before April 22, 2002, or for which substantially complete applications (or equivalents) were submitted to the Agency 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 264.101 or RCRA Section 3008(h), or to implement remedies at a permitted facility that is not subject to 264.101, the owner or operator may designate an area at the facility as a corrective action management unit under the requirements of this section. Corrective action management unit means an area within a facility that is used only for managing remediation 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. This request is subject to approval by the Department. One or more CAMUs may be designated at a facility. (8/00)
(2) Consolidation or placement of remediation wastes into or within a CAMU does not constitute creation of a unit subject to minimum technology requirements.
(b)(1) The owner or operator may request to designate a regulated unit (as defined in Sections 264.90(a)(2)) as a CAMU, or may incorporate a regulated unit into a CAMU, if:
(c) The owner or operator shall designate a CAMU in accordance with the following:
(e) The Department shall specify, in the permit, requirements for CAMUs to include the following: The owner or operator shall specify in the permit application the following information for each CAMU:
(3) Requirements for ground water monitoring that are sufficient to:
(4) Closure and post-closure requirements.
(i) Closure of corrective action management units shall:
(ii) Requirements for closure of CAMU’s shall include the following, as appropriate and as deemed necessary by the Department for a given CAMU:
(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 CAMU’s under Sections 264.552(e), the owner or operator shall consider the following factors:
(h) 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 (CAMU).
(a) To implement remedies under 264.101 or RCRA Section 3008(h), or to implement remedies at a permitted facility that is not subject to 264.101, the Department 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:
(ii) Wastes that would otherwise meet the description in paragraph (a)(1)(i) are not “CAMU-Eligible Wastes” where:
(B) The Department exercises the discretion in paragraph (a)(2) to prohibit the wastes from management in a CAMU.
(iii) Notwithstanding paragraph (a)(1)(i), 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.
(3) Prohibition against placing liquids in CAMUs.
(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 facilitates the remedy selected for the waste or a demonstration is made pursuant to 264.314(e).
(5) Consolidation or placement of CAMU-eligible wastes into or within a CAMU does not constitute creation of a unit subject to minimum technology requirements.
(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:
(c) The Department shall designate a CAMU that will be used for storage and/or treatment only in accordance with paragraph (f). The Department shall designate all other CAMUs in accordance with the following:
(d) The owner/operator shall provide sufficient information to enable the Department to designate a CAMU in accordance with the criteria in this section. This must include, unless not reasonably available, information on:
(e) The Department shall specify, in the permit, requirements for CAMUs to include the following:
(3) Minimum design requirements. CAMUs, except as provided in paragraph (f), into which wastes are placed must be designed in accordance with the following:
(ii) Alternate requirements. The Department may approve alternate requirements if:
(4) Minimum treatment requirements: Unless the wastes will be placed in a CAMU for storage and/or treatment only in accordance with (f), CAMU-eligible wastes that, absent this section, would be subject to the treatment requirements of part 268, and that the Department determines contain principal hazardous constituents must be treated to the standards specified in (e)(4)(iii) of this section.
(i) Principal hazardous constituents are those constituents that the Department determines pose a risk to human health and the environment substantially higher than the cleanup levels or goals at the site.
(A) In general, the Department will designate as principal hazardous constituents:
(ii) In determining which constituents are “principal hazardous constituents,” the Department must consider all constituents which, absent this section, would be subject to the treatment requirements in part 268.
(iii) Waste that the Department determines contains principal hazardous constituents must meet treatment standards determined in accordance with (e)(4)(iv) or (e)(4)(v).
(iv) Treatment standards for wastes placed in CAMUs.
(v) Adjusted standards. The Department may adjust the treatment level or method in (e)(4)(iv) 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:
(E) The long-term protection offered by the engineering design of the CAMU and related engineering controls:
(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 Department 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 (f), requirements for ground water monitoring and corrective action that are sufficient to:
(ii) Detect and subsequently characterize releases of hazardous constituents to ground water that may occur from areas of the CAMU in which wastes will remain in place after closure of the CAMU; and
(iii) Require notification to the Department 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 (d), closure and post-closure requirements:
(i) Closure of corrective action management units shall:
(ii) Requirements for closure of CAMUs shall include the following, as appropriate and as deemed necessary by the Department for a given CAMU:
(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 (e), the Department shall consider the following factors:
(iv) Cap requirements:
(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 (e)(6)(iv)(B):
(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, except as follows.
(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):
(k) 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).
(b) Any temporary unit to which alternative requirements are applied in accordance with paragraph (a) of this section shall be:
(c) In establishing standards to be applied to a temporary unit, the Department shall consider the following factors:
(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:
(f) Incorporation of a temporary unit or a time extension for a temporary unit into an existing permit shall be:
(g) The owner or operator shall document the rationale for designating a temporary unit and for granting time extensions for temporary units and the Department 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 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 this chapter) 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 Department according to the requirements in this section.
(c) What information must I provide to get a staging pile designated? When seeking a staging pile designation, you must provide:
(d) What performance criteria must a staging pile satisfy? The Department 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:
(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 Department 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 Department 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 Department must consider the following factors:
(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;
(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:
(f) How do I handle incompatible remediation wastes in a staging pile? The term “incompatible waste” is defined in 260.10 of this chapter. You must comply with the following requirements for incompatible wastes in staging piles:
(i) May I receive an operating extension for a staging pile?
(1) The Department may grant one operating term extension of up to 180 days beyond the operating term limit contained in the permit, closure plan, or order (see paragraph (1) of this section for modification procedures). To justify to the Department the need for an extension, you must provide sufficient and accurate information to enable the Department to determine that continued operation of the staging pile.
(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:
(ii) Contaminated containment system components; and
(iii) Structures and equipment contaminated with waste and leachate.
(k) What is the closure requirement for a staging pile located in an uncontaminated area?
(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:
(m) Is information about the staging pile available to the public? The Department 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. Disposal of CAMU-eligible wastes in permitted hazardous waste landfills.
(a) The Department with regulatory oversight at the location where the cleanup is taking place may approve placement of CAMU-eligible wastes in hazardous waste landfills not located at the site from which the waste originated, without the wastes meeting the requirements of RCRA part 268, if the conditions in (a)(1) through (3) are met:
(2) The Department with regulatory oversight at the location where the cleanup is taking place identifies principal hazardous constitutes in such waste, in accordance with 264.552(e)(4)(i) and (ii), and requires that such principal hazardous constituents are treated to any of the following standards specified for CAMU-eligible wastes:
(ii) Treatment standards adjusted in accordance with 264.552(e)(4)(v)(A), (C), (D) or (E)(1); or
(iii) Treatment standards adjusted in accordance with 264.552(e)(4)(v)(E)(2), where treatment has been used and that treatment significantly reduces the toxicity or mobility of the principal hazardous constituents in the waste, minimizing the short-term and long-term threat posed by the waste, including the threat at the remediation site.
(e) For each remediation, CAMU-eligible waste may not be placed in an off-site landfill authorized to receive CAMU-eligible waste in accordance with (d) until the following additional conditions have been met:
(g) For the purposes of this section only, the “design of the CAMU” in 264.552(e)(4)(v)(E) means design of the permitted Subtitle C landfill.
SUBPART W
Drip Pads
264.570. Applicability.
(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:
(ii) Document the cleanup of the drippage;
(iii) Retain the documents regarding cleanup for three years; and
(iv) Manage the contaminated media in a manner consistent with State and Federal regulations.
264.571. Assessment of existing drip pad integrity.
(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.
(b) all of the requirements of Sections 264.573 (except Sections 264.573(b)), 264.574 and 264.575 of this subpart.
264.573. Design and operating requirements.
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) Drip pads must
(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). (revised 12/93; 12/94)
(5) Be of sufficient structural strength and thickness to prevent failure due to physical contact, climatic conditions, 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 and 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:
(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:
(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 practicable time.
(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.
(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 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 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:
(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;
(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.
(b) While a drip pad is in operation, it must be inspected weekly and after storms to detect evidence of any of the following:
(3) Deterioration or cracking of the drip pad surface.
[Note: See 264.573(m) for remedial action required if deterioration or leakage is detected.]
264.575. Closure.
(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 must close the facility and perform postclosure care in accordance with closure and postclosure care requirements that apply to landfills (264.310). For permitted units, the requirement to have a permit continues throughout the postclosure period. In addition, for the purpose of closure, postclosure, and financial responsibility, such a drip pad is then considered to be landfill, and the owner or operator must meet all of the requirements for landfills specified in subparts G and H of this part.
(2) The cost estimates calculated under 264.112 and 264.144 of this part for closure and postclosure care of a drip pad subject to this paragraph must include the cost of complying with the contingent closure plan and the contingent postclosure plan, but are not required to include the cost of expected closure under paragraph (a) of this section.
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 Section 264.1 provide otherwise.
264.601. Environmental performance standards.
A miscellaneous unit must be located, designed, constructed, operated, maintained, and closed in a manner that will ensure protection of human health and the environment. Applications 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, and Part 270 that are appropriate for the miscellaneous unit being permitted. Protection of human health and the environment includes, but is not limited to: (revised 5/96)
(a) Prevention of any releases that may have adverse effects on human health or the environment due to migration of waste constituents in the groundwater or subsurface environment, considering:
(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:
(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;
(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 under these regulations.
264.603. Post-closure care.
A miscellaneous unit that is a disposal unit must be maintained in a manner that complies with Section 264.601 during the post-closure care period. In addition, if a treatment or storage unit has contaminated soils or groundwater that cannot be completely removed or decontaminated during closure, then that unit must also meet the requirements of Section 264.601 during post-closure care. The post-closure plan under Section 264.118 must specify the procedures that will be used to satisfy this requirement.
SUBPART AA
Air Emission Standards for Process Vents
264.1030. Applicability.
(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:
(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:
(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 124.15 or reviewed in accordance with the requirements of 270.50(d). Until such date when the owner and operator receive a final permit incorporating the requirements of this subpart, the owner and operator are subject to the requirements of 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.]
(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 260-266.
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 bubblecap, sieve, or valvetype 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 vacuumjet or steamjet 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 components having a vapor pressure greater than 0.3 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 inline 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 openended 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, thinfilm 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.
Thinfilm 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 openended 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, thinfilm evaporation, solvent extraction, or air or steam stripping operations managing hazardous wastes with organic concentrations of at least 10 ppmw shall either:
(d) When an owner or operator and the Department 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.
(ii) 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.
(iii) 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 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.
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.
(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.
(3) A flare shall be used only if the net heating 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 combusted is 7.45 MJ/scm (200 Btu/scf) or greater if the flare is nonassisted. The net heating value of the gas being combusted shall be determined by the methods specified in paragraph (e) 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 18.3 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 37.3 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, Vmax, as determined by the method specified in paragraph (e)(4) of this section and less than 122 m/s (400 ft/s) is allowed.
(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 18.3 m/s (60 ft/s), except as provided in paragraphs (d)(4)(ii) and (iii) 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 C 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:
[V0380013.tif]
[V0380013]
where:
HT=Net heating value of the sample, MJ/scm; where the net enthalpy per mole of offgas is based on combustion at 25 °C and 760 mm Hg, but the standard temperature for determining the volume corresponding to 1 mol is 20 °C;
K=Constant, 1.74×107 (1/ppm) (g mol/scm) (MJ/kcal) where standard temperature for (g mol/scm) is 20 °C;
CI=Concentration of sample component i in ppm on a wet basis, as measured for organics by Reference Method 18 in 40 C part 60 and measured for hydrogen and carbon monoxide by ASTM D 1946-82 (incorporated by reference as specified in 260.11); and
HI=Net heat of combustion of sample component i, kcal/9 mol at 25 °C and 760 mm Hg. The heats of combustion may be determined using ASTM D 2382-83 (incorporated by reference as specified in 260.11) if published values are not available or cannot be calculated.
(4) The maximum allowed velocity in m/s, VMAX, for a flare complying with paragraph (d)(4)(iii) of this section shall be determined by the following equation:
Log10 (VMAX) =(H T+28.8)/31.7
where:
28.8=Constant,
31.7=Constant,
HT=The net heating value as determined in paragraph (e)(2) of this section.
(5) The maximum allowed velocity in m/s, VMAX, for an air-assisted flare shall be determined by the following equation:
VMAX =8.706+0.7084 (HT)
where:
8.706=Constant,
0.7084=Constant,
HT=The net heating value as determined in paragraph (e)(2) of this section.
(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.
(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:
(2) Install, calibrate, maintain, and operate according to the manufacturer’s specifications a device to continuously monitor control device operation as specified below:
(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 ±0.5 °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.
(vi) For a condenser, either:
(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:
(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:
(k) A closed-vent system shall meet either of the following design requirements:
(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:
(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:
(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 Department, 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.
(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:
(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.
(3) The owner or operator shall repair all detected defects as follows:
(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.
(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:
(ii) The unit is equipped with and operating air emission controls in accordance with the applicable requirements of subparts AA and CC of either this part or of part 265; 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:
(3) Burned in a boiler or industrial furnace for which the owner or operator either:
(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:
(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.
(b) When a closed-vent system is tested for compliance with no detectable emissions, as required in 264.1033 (1) of this subpart, the test shall comply with the following requirements:
(4) Calibration gases shall be:
(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:
(ii) Method 18 in 40 C part 60 for organic content.
(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 timeweighted basis.
(iv) Total organic mass flow rates shall be determined by the following equation:
[V0380012.tif]
[V0380012]
where:
EH=Total organic mass flow rate, kg/h;
QSD=Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dscm/h;
n=Number of organic compounds in the vent gas;
CI=Organic concentration in ppm, dry basis, of compound i in the vent gas, as determined by Method 18;
MWI=Molecular weight of organic compound i in the vent gas, kg/kgmol;
0.0416=Conversion factor for molar volume, kgmol/m3 (@ 293 K and 760 mm Hg);
106=Conversion from ppm, ppm1.
(v) The annual total organic emission rate shall be determined by the following equation:
EA=(EH)(H)
where:
EA=Total organic mass emission rate, kg/y;
EH=Total organic mass flow rate for the process vent, kg/h;
H=Total annual hours of operations for the affected unit, h.
(3) The owner or operator of an affected facility shall provide, or cause to be provided, performance testing facilities as follows:
(ii) Safe sampling platform(s).
(iii) Safe access to sampling platform(s).
(d) To show that a process vent associated with a hazardous waste distillation, fractionation, thinfilm 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 timeweighted, 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:
(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, thinfilm 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 9060 or 8260 of SW-846 (incorporated by reference under 260.11).
(e) The determination that distillation, fractionation, thinfilm evaporation, solvent extraction, or air or steam stripping operations manage hazardous wastes with timeweighted, annual average total organic concentrations less than 10 ppmw shall be made as follows:
(f) When an owner or operator and the Department do not agree on whether a distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation manages a hazardous waste with organic concentrations of at least 10 ppmw based on knowledge of the waste, the procedures in Method 8260 of SW-846 (incorporated by reference under 260.11) may be used to resolve the dispute. (9/98)
264.1035. Recordkeeping requirements.
(a)(1) Each owner or operator subject to the provisions of this subpart shall comply with the recordkeeping requirements of this section.
(b) Owners and operators must record the following information in the facility operating record:
(2) Up-to-date documentation of compliance with the process vent standards in 264.1032, including:
(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:
(ii) A detailed engineering description of the closed-vent system and control device including:
(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:
(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 Department 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.
(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:
(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:
(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:
(iv) For a boiler or process heater, period when:
(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.
(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 complies 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.
(vii) For a condenser that complies with 264.1033(f)(2)(vi)(B), period when:
(7) For a carbon adsorption system operated subject to requirements specified in 264.1033(h)(1), a log that records:
(10) When each leak is detected as specified in 264.1033(l) of this subpart, the following information shall be recorded:
(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.
(v) “Repair delayed” and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak.
(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 Department by dates specified by the Department. The report shall include the following information:
(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 Department is not required.
SUBPART BB
Air Emission Standards for Equipment Leaks
264.1050. Applicability.
(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: (9/98)
(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).
[Note: The requirements of 264.1052 through 264.1065 apply to equipment associated with hazardous waste recycling units previously exempt under 261.6(c)(1). Other exemptions under 261.4, 262.34, and 264.1(g) are not affected by these requirements.]
(h) Purged coatings and solvents from surface coating operations subject to the national emission standards for hazardous air pollutants (NESHAP) for the surface coating of automobiles and light-duty trucks at 40 CFR part 63, subpart IIII, are not subject to the requirements of this subpart.
(2) Each pump in light liquid service shall be checked by visual inspection each calendar week for indications of liquids dripping from the pump seal.
(b)(1) 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.
[Note: The requirements of 264.1052 through 264.1065 apply to equipment associated with 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.]
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 266.
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.
(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:
(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.
(4) Each pump must be checked by visual inspection, each calendar week, for indications of liquids dripping from the pump seals.
(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.
(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.
(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:
(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.
(b) Each compressor seal system as required in paragraph (a) of this section shall be:
(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.
(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.
(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:
(2) Is tested for compliance with paragraph (i)(1) of this section initially upon designation, annually, and at other times as requested by the Department.
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.
(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 connecting systems.
(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:
(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: Openended valves or lines.
(a)(1) Each openended valve or line shall be equipped with a cap, blind flange, plug, or a second valve.
(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.
(b) If an instrument reading of 10,000 ppm or greater is measured, 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.
(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.
(e) First attempts at repair include, but are not limited to, the following best practices where practicable:
(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:
(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:
(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:
(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.
(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.
(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.
(c) Delay of repair for valves will be allowed if:
(d) Delay of repair for pumps will be allowed if:
(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.
(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.
(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.
(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:
(c) Performance tests shall be conducted in the following manner:
(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.
(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.
(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.
(b) Leak detection monitoring, as required in 264.1052- 264.1062, shall comply with the following requirements:
(4) Calibration gases shall be:
(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:
(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:
(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.
(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:
(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).
(c) When each leak is detected as specified in 264.1052, 264.1053, 264.1057, and 264.1058, the following requirements apply:
(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:
(g) The following information pertaining to all equipment subject to the requirements in 264.1052 through 264.1060 shall be recorded 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 than 500 ppm above background, under the provisions of 264.1052(e), 264.1053(i), and 264.1057(f).
(3) A list of equipment identification numbers for pressure relief devices required to comply with 264.1054(a).
(ii) The background level measured during each compliance test.
(iii) The maximum instrument reading measured at the equipment during each compliance test.
(4)(i) The dates of each compliance test required in 264.1052(e), 264.1053(i), 264.1054, and 264.1057(f).
(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:
(i) The following information shall be recorded in the facility operating record for valves complying with 264.1062:
(j) The following information shall be recorded in a log that is kept in the facility operating record:
(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:
(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 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.
264.1065. Reporting requirements.
(a) A semiannual report shall be submitted by owners and operators subject to the requirements of this subpart to the Department by dates specified by the Department. The report shall include the following information:
(2) For each month during the semiannual reporting period:
(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).
(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 Department is not required.
SUBPART CC
Air Emission Standards for Tanks, Surface Impoundments, and Containers (9/98)
264.1080. Applicability.
(b) The requirements of this subpart do not apply to the following waste management units at the facility:
(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:
(e) [Reserved]
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 266 of this chapter.
264.1082. Standards: General.
(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:
(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:
(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 (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:
(v) A process that removes or destroys the organics contained in the hazardous waste and meets all of the following conditions:
(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.
(B) Has designed and operates the incinerator in accordance with the interim status requirements of part 265, subpart O.
(viii) A boiler or industrial furnace for which the owner or operator has either:
(vii) A hazardous waste incinerator for which the owner or operator has either:
(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:
(4) A tank, surface impoundment, or container for which all hazardous waste placed in the unit either:
(5) A tank used for bulk feed of hazardous waste to a waste incinerator and all of the following conditions are met:
(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 Department 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:
(2) In performing a waste determination pursuant to paragraph (d)(1) of this section, the sample preparation and analysis shall be conducted as follows:
(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 Department 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:
(ii) Results of the waste determination performed or requested by the Department 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 Department together with the results of the waste determination performed or requested by the Department 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.
(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.
(c) Procedure to determine the maximum organic vapor pressure of a hazardous waste in a tank.
(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).
264.1084. Standards: Tanks.
(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:
(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.
(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:
(2) The tank shall be equipped with a fixed roof designed to meet the following specifications:
(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.
(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.
(iii) Each opening in the fixed roof, and any manifold system associated with the fixed roof, shall be either:
(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:
(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, 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.
(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.
(d) Owners and operators controlling air pollutant emissions from a tank using Tank Level 2 controls shall use one of the following tanks:
(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)(1) 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:
(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:
(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:
(2) The owner or operator shall operate the tank in accordance with the following requirements:
(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:
(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:
(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 Department in advance of each inspection to provide the Department with the opportunity to have an observer present during the inspection. The owner or operator shall notify the Department of the date and location of the inspection as follows:
(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:
(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.
(B) The secondary seal shall be mounted above the primary seal and cover the annular space between the floating roof and the wall of the tank. The total area of the gaps between the tank wall and the secondary seal shall not exceed 21.2 square centimeters (cm2) per meter of tank diameter, and the width of any portion of these gaps shall not exceed 1.3 centimeters (cm).
(iii) The external floating roof shall meet the following specifications:
(2) The owner or operator shall operate the tank in accordance with the following requirements:
(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.
(vi) The cap on the end of each unslotted guide pole shall be secured in the closed 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:
(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:
(ii) The owner or operator shall visually inspect the external floating roof in accordance with the following requirements:
(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 Department in advance of each inspection to provide the Department with the opportunity to have an observer present during the inspection. The owner or operator shall notify the Department of the date and location of the inspection as follows:
(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:
(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.
(2) Whenever a hazardous waste is in the tank, the fixed roof shall be installed with each closure device secured in the closed 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:
(3) The owner or operator shall inspect and monitor the air emission control equipment in accordance with the following procedures:
(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.
(h) The owner or operator who controls air pollutant emissions by using a pressure tank shall meet the following requirements.
(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) 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.
(j) The owner or operator shall transfer hazardous waste to a tank subject to this section in accordance with the following requirements:
(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:
(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:
(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:
(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.
(b) The owner or operator shall control air pollutant emissions from the surface impoundment by installing and operating either of the following:
(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:
(ii) The cover shall be fabricated from a synthetic membrane material that is either:
(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.
(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:
(3) The owner or operator shall inspect the floating membrane cover in accordance with the following procedures:
(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.
(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:
(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.
(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:
(3) The owner or operator shall inspect and monitor the air emission control equipment in accordance with the following procedures:
(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.
(e) The owner or operator shall transfer hazardous waste to a surface impoundment subject to this section in accordance with the following requirements:
(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:
(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:
(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:
(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.
(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.
(ii) For a container having a design capacity greater than 0.46 m3 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 m3 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.
(c) Container Level 1 standards.
(1) A container using Container Level 1 controls is one of the following:
(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 closed 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.
(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:
(ii) Opening of a closure device or cover is allowed for the purpose of removing hazardous waste from the container as follows:
(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), 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.
(4) The owner or operator of containers using Container Level 1 controls shall inspect the containers and their covers and closure devices as follows:
(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.
(d) Container Level 2 standards.
(1) A container using Container Level 2 controls is one of the following:
(ii) A container that operates with no detectable organic emissions as defined in 265.1081 and determined in accordance with the procedure 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.
(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:
(ii) Opening of a closure device or cover is allowed for the purpose of removing hazardous waste from the container as follows:
(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), 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.
(4) The owner or operator of containers using Container Level 2 controls shall inspect the containers and their covers and closure devices as follows:
(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:
(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:
(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:
(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.
(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.
(b) The closed-vent system shall meet the following requirements:
(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.
(c) The control device shall meet the following requirements:
(1) The control device shall be one of the following devices:
(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.
(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.
(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:
(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:
(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).
(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(1). The readings from each monitoring device required by 264.1033(f)(2) 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.
(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.
264.1089. Recordkeeping requirements.
(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:
(ii) A record for each inspection required by 264.1084 of this subpart that includes the following information:
(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:
(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:
(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:
(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:
(3) A record for each inspection required by 264.1085 of this subpart that includes the following information:
(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:
(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:
(ii) If a design analysis is used, then design documentation as specified in 264.1035(b)(4). 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) 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) and all test results.
(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.
(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.
(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:
(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:
(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:
(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:
(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:
(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.
(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 Department excepted as provided for in paragraph (d) of this section. The report shall describe each occurrence during the previous 6-month period when either:
(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 Department 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:
(2) No flare was operated with visible emissions for 5 minutes or longer in a two-hour period, as defined in 264.1033(d).
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. The owner or operator is not subject to the definition of land disposal in RCRA section 3004(k) provided that the unit:
(c) If the unit is used to manage liquids, has:
(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:
(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:
(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:
(2) A liquid collection and removal system to minimize the accumulation of liquid on the primary barrier of the containment building:
(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:
(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) For existing units other than 90-day generator units, the Department may delay the secondary containment requirement for up to two years, based on a demonstration by the owner or operator that the unit substantially meets the standards of this subpart. In making this demonstration, the owner or operator must:
(ii) Respond to any comments from the Department on these plans within 30 days; and
(iii) Fulfill the terms of the revised plans, if such plans are approved by the Department.
(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:
(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
(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, the owner or operator 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:
(ii) The Department 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 Department 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.
(d) For a containment building that contains both areas with and without secondary containment, the owner or operator must:
(e) Notwithstanding any other provision of this subpart the Department 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.
(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 must close the facility and perform post-closure care in accordance with the closure and post-closure requirements that apply to landfills (Sections 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 subparts G and H of this part.
SUBPART EE
Hazardous Waste Munitions and Explosives Storage
264.1200. Applicability.
The requirements of this subpart apply to owners or operators who store munitions and explosive hazardous wastes, except as 264.1 provides otherwise. (NOTE: Depending on explosive hazards, hazardous waste munitions and explosives may also be managed in other types of storage units, including containment buildings (part 264, subpart DD), tanks (part 264, subpart J), or containers (part 264, subpart I); See 266.205 for storage of waste military munitions).
264.1201. Design and operating standards.
(a) Hazardous waste munitions and explosives storage units must be designed and operated with containment systems, controls, and monitoring, that:
(b) Hazardous waste munitions and explosives stored under this subpart may be stored in one of the following:
(1) Earth-covered magazines. Earth-covered magazines must be:
(ii) Designed and constructed:
(C) To withstand movement activities that occur in the unit; and
(iii) Located and designed, with walls and earthen covers that direct an explosion in the unit in a safe direction, so as to minimize the propagation of an explosion to adjacent units and to minimize other effects of any explosion.
(f) Hazardous waste munitions and explosives and their storage units must be inspected and monitored as necessary to ensure explosives safety and to ensure that there is no migration of contaminants out of the unit.
264.1202. Closure and post-closure care.
(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 or she must close the facility and perform post-closure care in accordance with the closure and post-closure requirements that apply to landfills (264.310).
SUBPART FF
Fees for the Electronic Hazardous Waste Manifest Program
264.1300. Applicability.
(a) This subpart prescribes:
(b) The fees determined under this subpart apply to owners or operators of facilities whose activities receiving, rejecting, or managing federally- or state-regulated hazardous wastes or other materials bring them within the definition of “user of the electronic manifest system” under section 260.10.
264.1310. Definitions applicable to this subpart.
The following definitions apply to this subpart:
“Consumer price index” means the consumer price index for all U.S. cities using the “U.S. city average” area, “all items” and “not seasonally adjusted” numbers calculated by the Bureau of Labor Statistics in the Department of Labor.
“Cross Media Electronic Reporting Rule (CROMERR) costs” are the sub-category of operations and maintenance costs that are expended by EPA in implementing electronic signature, user registration, identity proofing, and copy of record solutions that meet EPA’s electronic reporting regulations as set forth in the CROMERR as codified at 40 CFR part 3.
“Electronic manifest submissions” means manifests that are initiated electronically using the electronic format supported by the e-Manifest system, and that are signed electronically and submitted electronically to the e-Manifest system by facility owners or operators to indicate the receipt or rejection of the wastes identified on the electronic manifest. Electronic manifest submissions include the hybrid or mixed paper/electronic manifests authorized under section 262.24(c)(1).
“EPA program costs” mean the Agency’s intramural and non-information technology extramural costs expended in the design, development and operations of the e-Manifest system, as well as in regulatory development activities supporting e-Manifest, in conducting its capital planning, project management, oversight and outreach activities related to e-Manifest, in conducting economic analyses supporting e-Manifest, and in establishing the System Advisory Board to advise EPA on the system. Depending on the date on which EPA program costs are incurred, these costs may be further classified as either system setup costs or operations and maintenance costs.
“Help desk costs” mean the costs incurred by EPA or its contractors to operate the e-Manifest Help Desk, which EPA will establish to provide e-Manifest system users with technical assistance and related support activities.
“Indirect costs” mean costs not captured as marginal costs, system setup costs, or operations and maintenance costs, but that are necessary to capture because of their enabling and supporting nature, and to ensure full cost recovery. Indirect costs include, but are not limited to, such cost items as physical overhead, maintenance, utilities, and rents on land, buildings, or equipment. Indirect costs also include the EPA costs incurred from the participation of EPA offices and upper management personnel outside of the lead program office responsible for implementing the e-Manifest program.
“Manifest submission type” means the type of manifest submitted to the e-Manifest system for processing, and includes electronic manifest submissions and paper manifest submissions.
“Marginal labor costs” mean the human labor costs incurred by staff operating the paper manifest processing center in conducting data key entry, quality assurance (QA), scanning, copying, and other manual or clerical functions necessary to process the data from paper manifest submissions into the e-Manifest system’s data repository.
“Operations and maintenance costs” mean all system related costs incurred by EPA or its contractors after the activation of the e-Manifest system. Operations and maintenance costs include the costs of operating the electronic manifest information technology system and data repository, CROMERR costs, help desk costs, EPA program costs incurred after e-Manifest system activation, and the costs of operating the paper manifest processing center, other than the paper processing center’s marginal labor costs.
“Paper manifest submissions” mean submissions to the paper processing center of the e-Manifest system by facility owners or operators, of the data from the designated facility copy of a paper manifest, EPA Form 8700-22, or a paper Continuation Sheet, EPA Form 8700-22A. Such submissions may be made by mailing the paper manifests or continuation sheets, by submitting image files from paper manifests or continuation sheets in accordance with section 264.1311(b), or by submitting both an image file and data file in accordance with the procedures of section 264.1311(c).
“System setup costs” mean all system related costs, intramural or extramural, incurred by EPA prior to the activation of the e-Manifest system. Components of system setup costs include the procurement costs from procuring the development and testing of the e-Manifest system, and the EPA program costs incurred prior to e-Manifest system activation.
264.1311. Manifest transactions subject to fees.
(a) Per manifest fee. Fees shall be assessed on a per manifest basis for the following manifest submission transactions:
(b) Image file uploads from paper manifests. Receiving facilities may submit image file uploads of completed, ink-signed manifests in lieu of submitting mailed paper forms to the e-Manifest system. Such image file upload submissions may be made for individual manifests received by a facility or as a batch upload of image files from multiple paper manifests received at the facility:
(c) Data file uploads from paper manifests. Receiving facilities may submit data file representations of completed, ink-signed manifests in lieu of submitting mailed paper forms or image files to the e-Manifest system. Such data file submissions from paper manifests may be made for individual manifests received by a facility or as a batch upload of data files from multiple paper manifests received at the facility.
(3) At the time of submission of the data file upload, a responsible representative of the receiving facility must make a CROMERR compliant certification that to the representative’s knowledge or belief, the data and images submitted are accurate and complete representations of the facility’s received manifests, and that the facility acknowledges that it is obligated to pay the applicable per manifest fee for each manifest included in the submission.
264.1312. User fee calculation methodology.
(a) The fee calculation formula or methodology that EPA will use initially to determine per manifest fees is as follows:
(2) At the completion of four (4) years of system operations, EPA shall publish a notice:
(ii) Stating that the fee formula in paragraph (b)(1) of this section shall not go into effect under this section, and that the circumstances of electronic manifest adoption and the appropriate fee response shall be referred to the System Advisory Board for the Board’s advice.
264.1313. User fee revisions.
Feei = (System Setup Cost/[Years × Nt]) + (Marginal Costi + [O&M Cost/Nt]) × (1 + Indirect Cost Factor)
System Setup Cost = Procurement Cost + EPA Program Cost
O&M Cost = Electronic System O&M Cost + Paper Center O&M Cost + Help Desk Cost + EPA Program Cost + CROMERR Cost + LifeCycle Cost to Modify or Upgrade eManifest System Related Services
Where Feei represents the per manifest fee for each manifest submission type “i” and Nt refers to the total number of manifests completed in a year.
(b)(1) If after four (4) years of system operations, electronic manifest usage does not equal or exceed seventy-five (75) percent of total manifest usage, EPA may transition to the following formula or methodology to determine per manifest fees:
Feei = (System Setup Cost/[Years × Nt]) + (Marginal Costi + [O&Mi Cost/Ni]) × (1 + Indirect Cost Factor)
System Setup Cost = Procurement Cost + EPA Program Cost
O&Mfully electronic Cost = Electronic System O&M Cost + Help Desk Cost + EPA Program Cost + CROMERR Cost + LifeCycle Cost to Modify or Upgrade eManifest System Related Services
O&Mall other Cost = Electronic System O&M Cost + Paper Center O&M Cost + Help Desk Cost + EPA Program Cost + CROMERR Cost + LifeCycle Cost to Modify or Upgrade eManifest System Related Services
Where Ni refers to the total number of one (1) of the four (4) manifest submission types “i” completed in a year and O&Mi Cost refers to the differential O&M Cost for each manifest submission type “i.”
(a) Revision schedule.
(b) Inflation adjuster. The second year of each two-year fee schedule shall be adjusted for inflation by using the following adjustment formula:
FeeiYear2 = FeeiYear1 × (CPIYear2-2/CPIYear2-1)
Where:
FeeiYear2 is the Fee for each type of manifest submission “i” in Year 2 of the fee cycle;
FeeiYear1 is the Fee for each type of manifest submission “i” in Year 1 of the fee cycle; and
CPIYear2-2/CPIYear2-1 is the ratio of the CPI published for the year two (2) years prior to Year 2 to the CPI for the year one (1) year prior to Year 2 of the cycle.
(c) Revenue recovery adjusters. The fee schedules published at two-year intervals under this section shall include an adjustment to recapture revenue lost in the previous two-year fee cycle on account of imprecise estimates of manifest usage. This adjustment shall be calculated using the following adjustment formula to calculate a revenue recapture amount which will be added to O&M Costs in the fee calculation formula of section 264.1312:
Revenue Recapturei = (NiYear1 + NiYear2)Actual — (NiYear1 + NiYear2)Est × Feei(Ave)
Where:
Revenue Recapturei is the amount of fee revenue recaptured for each type of manifest submission “i;”
(NiYear1 + NiYear2)Actual — (NiYear1 + NiYear2)Est is the difference between actual manifest numbers submitted to the system for each manifest type during the previous two-year cycle, and the numbers estimated when we developed the previous cycle’s fee schedule; and
Feei(Ave) is the average fee charged per manifest type over the previous two-year cycle.
264.1314. How to make user fee payments.
(c) All fees for which payments are owed in response to an electronic invoice or bill must be paid within thirty (30) days of the date of the invoice or bill.
264.1315. Sanctions for delinquent payments.
(a) Interest. In accordance with 31 U.S.C. 3717(a)(1), delinquent e-Manifest user fee accounts shall be charged a minimum annual rate of interest equal to the average investment rate for Treasury tax and loan accounts (Current Value of Funds Rate or CVFR) for the twelve-month period ending September 30 of each year, rounded to the nearest whole percent.
(c) Compliance with manifest perfection requirement. A manifest is fully perfected when:
(2) All user fees arising from the submission of the manifest have been fully paid.
264.1316. Informal fee dispute resolution.
(b) Users asserting a billing dispute claim must first contact the system’s billing representatives by phone or email at the phone number or email address provided for this purpose on the e-Manifest program’s website or other customer services directory.
(1) The fee dispute claimant must provide the system’s billing representatives with information identifying the claimant and the invoice(s) that are affected by the dispute, including:
(ii) The EPA Identification Number of the affected facility;
(iii) The date, invoice number, or other information to identify the particular invoice(s) that is the subject of the dispute; and
(2) The fee dispute claimant must provide the system’s billing representatives with sufficient supporting information to identify the nature and amount of the fee dispute, including:
(ii) If the alleged error results from the number of manifests submitted being inaccurately described in the invoice, the correct description of the number of manifests that should have been billed;
(iii) If the alleged error results from a mathematical error made in calculating the amount of the invoice, the correct fee calculations showing the corrected fee amounts; and
(3) EPA’s system billing representatives must respond to billing dispute claims made under this section within ten (10) days of receipt of a claim. In response to a claim, the system’s billing representative will:
(c) Fee dispute claimants that are not satisfied by the response to their claim from the system’s billing representatives may appeal their claim and initial decision to the Office Director for the Office of Resource Conservation and Recovery.
(4) The decision of the Office Director on any appeal brought under this section is final and non-reviewable.
APPENDICES
APPENDIX I. RECORDKEEPING INSTRUCTIONS
The recordkeeping provisions of Sections 264.73 specify that an owner or operator must keep a written operating record at his facility. This appendix provides additional instructions for keeping portions of the operating record. See Sections 264.73(b) for additional recordkeeping 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 this Chapter 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 this Chapter, 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 this Chapter, and each hazardous waste characteristic defined in Part 261, Subpart C, of this Chapter, 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.
(3) The methods (by handling code/s as specified in Table 2) and date(s) of treatment, storage, or disposal.
Table 1
| Units of Measure | Code1 |
| Gallons | G |
| Gallons per Hours | E |
| Gallons per Day | U |
| Liters | L |
| Liters per Hours | H |
| Liters per Day | V |
| Short Tons per Hour | D |
| Metric Tons per Hour | W |
| Short Tons per Day | N |
| Metric Tons per Day | S |
| Pounds per Hour | J |
| Kilograms per Hour | R |
| Cubic Yards | Y |
| Cubic Meters | C |
| Acres | B |
| Acre-feet | A |
| Hectares | Q |
| Hectare-meter | F |
| Btu’s per Hour | I |
| 1Single digit symbols are used here for data processing purposes. |
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 Trickling filter
T76 Waste stabilization pond
T77 Other (specify)
T78 [Reserved]
T79 [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 Devise 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 IV. COCHRAN’S APPROXIMATION TO THE BEHRENS-FISHER STUDENTS’ T-TEST
Using all the available background data (nB readings), calculate the background mean (XB) and background variance (sB2). For the single monitoring well under investigation (nM reading), calculate the monitoring mean (XM) and monitoring variance (sM2).
For any set of data (X1, X2 . . . XN) the mean is calculated by:
[V0380127.tif]
[V0380127]
and the variance is calculated by:
[V0380128.tif]
[V0380128]
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 (tC). The t* value is compared to the tC 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:
[V0380129.tif]
[V0380129]
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 (tC), against which t* will be compared, necessitates finding t (this is supposed to be an inferior roman B, but this entire section has been deleted in the supp, so I put this here instead) and tM from standard (one-tailed) tables where, tb=t-tables with (ng-1) degrees of freedom, at the 0.05 level of significance and tm=t-tables with (nm-1) degrees of freedom, at the 0.05 level of significance.
Finally, the special weightings W and Wm are defined as:
| WB = | Sb2 | and Wm - | Sm2 |
| nb | nm |
and so the comparison t-statistic is:
| t* = | Wbtb × Wmtm |
| Wb=Wm |
The t-statistic (t*) is now compared with the comparison t-statistic (tC) using the following decision-rule:
If t* is equal to or larger than tC then conclude that there most likely has been a significant increase in this specific parameter.
If t* is less than tC 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 tC for pH and similar monitoring parameters.
If t* is equal to or larger than tC 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 tC 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.
Standard T-Tables 0.05 Level of Significance
| Degrees of freedom | t-values (one-tail) | t-values (two-tail) |
| 1 | 6.314 | 12.706 |
| 2 | 2.920 | 4.303 |
| 3 | 2.353 | 3.182 |
| 4 | 2.132 | 2.776 |
| 5 | 2.015 | 2.571 |
| 6 | 1.943 | 2.447 |
| 7 | 1.895 | 2.365 |
| 8 | 1.860 | 2.306 |
| 9 | 1.833 | 2.262 |
| 10 | 1.812 | 2.228 |
| 11 | 1.796 | 2.201 |
| 12 | 1.782 | 2.179 |
| 13 | 1.771 | 2.160 |
| 14 | 1.761 | 2.145 |
| 15 | 1.753 | 2.131 |
| 16 | 1.746 | 2.120 |
| 17 | 1.740 | 2.110 |
| 18 | 1.734 | 2.101 |
| 19 | 1.729 | 2.093 |
| 20 | 1.725 | 2.086 |
| 21 | 1.721 | 2.080 |
| 22 | 1.717 | 2.074 |
| 23 | 1.714 | 2.069 |
| 24 | 1.711 | 2.064 |
| 25 | 1.708 | 2.060 |
| 30 | 1.697 | 2.042 |
| 40 | 1.684 | 2.021 |
Adopted from Table III of “Statistical Tables for Biological, Agricultural, and Medical Research” (1947, R. A. Fisher and F. Yates).
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 wastes so that he 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.
Group 1-A
Acetylene sludge
Alkaline caustic liquids
Alkaline cleaner
Alkaline corrosive liquids
Alkaline corrosive battery fluid
Caustic wastewater
Lime sludge and other corrosive alkalies
Lime wastewater
Lime and water
Spent caustic
Group 1-B
Acid sludge
Acid and water
Battery acid
Chemical cleaners
Electrolyte, acid
Etching acid liquid or solvent
Pickling liquor and other corrosive acids
Spent acid
Spent mixed acid
Spent sulfuric acid
Potential consequences: Heat generation; violent reaction.
Group 2-A
Aluminum
Beryllium
Calcium
Lithium
Magnesium
Potassium
Sodium
Zinc powder
Other reactive metals and metal hydrides
Group 2-B
Any waste in Group 1-A or 1-B
Potential consequences: Fire or explosion; generation of flammable hydrogen gas.
Group 3-A
Alcohols
Water
Group 3-B
Any concentrated waste in Groups 1-A or 1-B
Calcium
Lithium
Metal hydrides
Potassium
SO2Cl2, SOCl2, PCl3, CH3SiCl3
Other water-reactive waste
Potential consequences: Fire, explosion, or heat generation; generation of flammable or toxic gases.
Group 4-A
Alcohols
Aldehydes
Halogenated hydrocarbons
Nitrated hydrocarbons
Unsaturated hydrocarbons
Other reactive organic compounds and solvents
Group 4-B
Concentrated Group 1-A or 1-B wastes
Group 2-A wastes
Potential consequences: Fire, explosion, or violent reaction.
Group 5-A
Spent cyanide and sulfide solutions
Group 5-B
Group 1-B wastes
Potential consequences: Generation of toxic hydrogen cyanide or hydrogen sulfide gas.
Group 6-A
Chlorates
Chlorine
Chlorites
Chromic acid
Hypochlorites
Nitrates
Nitric acid, fuming
Perchlorates
Permanganates
Peroxides
Other strong oxidizers
Group 6-B
Acetic acid and other organic acids
Concentrated mineral acids
Group 2-A wastes
Group 4-A wastes
Other flammable and combustible wastes
Potential consequences: Fire, explosion, or violent reaction.
Source: “Law, Regulations, and Guidelines for Handling of Hazardous Waste.” California Department of Health, February 1975.
APPENDIX VI. Political Jurisdictions in Which Compliance With Sections 264.18(A) Must be Demonstrated
| Alaska | ||
| Aleutian Islands | Kodiak | |
| Anchorage | Lynn Canal-Icy | |
| Bethel | Straits | |
| Bristol Bay | Palmer-Wasilla- | |
| Cordova-Valdez | Talkeena | |
| Fairbanks-Fort | Seward | |
| Yukon | Sitka | |
| Juneau | Wade Hampton | |
| Kenai-Cook Inlet | Wrangell Petersburg | |
| Ketchikan-Prince of Wales | Yukon-Kuskokwim | |
| Arizona | ||
| Cochise | Greenlee | |
| Graham | Yuma | |
| California | ||
| All | ||
| Colorado | ||
| Archuleta | Mineral | |
| Conejos | Rio Grande | |
| Hinsdale | Saguache | |
| Hawaii | ||
| Hawaii | ||
| Idaho | ||
| Bannock | Franklin | |
| Bear Lake | Fremont | |
| Bingham | Jefferson | |
| Bonneville | Madison | |
| Caribou | Oneida | |
| Cassia | Power | |
| Clark | Teton | |
| Montana | ||
| Beaverhead | Meagher | |
| Broadwater | Missoula | |
| Cascade | Park | |
| Deer Lodge | Powell | |
| Flathead | Sanders | |
| Gallatin | Silver Bow | |
| Granite | Stillwater | |
| Jefferson | Sweet Grass | |
| Lake | Teton | |
| Lewis and Clark | Wheatland | |
| Madison | ||
| Nevada | ||
| All | ||
| New Mexico | ||
| Bernalillo | Santa Fe | |
| Catron | Sierra | |
| Grant | Socorro | |
| Hidalgo | Taos | |
| Los Alamos | Torrance | |
| Rio Arriba | Valencia Sandoval | |
| Utah | ||
| Beaver | ||
| Box Elder | ||
| Cache | ||
| Carbon | ||
| Davis | Salt Lake | |
| Duchesne | Sanpete | |
| Emery | Sevier | |
| Garfield | Summit | |
| Iron | Tooele | |
| Juab | Utah | |
| Millard | Wasatch | |
| Morgan | Washington | |
| Piute | Wayne | |
| Rich | Weber | |
| Washington | ||
| Chelan | Mason | |
| Clallam | Okanogan | |
| Clark | Pacific | |
| Cowlitz | Pierce | |
| Douglas | San Juan Islands | |
| Ferry | Skagit | |
| Grant | Skamania | |
| Grays Harbor | Snohomish | |
| Jefferson | Thurston | |
| King | Wahkiakum | |
| Kitsap | Whatcom | |
| Kittitas | Yakima | |
| Lewis | ||
| Wyoming | ||
| Fremont | Teton | |
| Lincoln | Uinta | |
| Park | Yellowstone National | |
| Sublette | Park |
APPENDIX IX. Groundwater Monitoring List.
| Ground-Water Monitoring List1 | ||||
| Common name2 | CAS RN3 | Chemical abstracts service index name4 | Suggested methods5 | PQL (μg/L)6 |
| Acenaphthene | 83-32-9 | Acenaphthylene, 1,2-dihydro- | 8100 | 200 |
| 8270 | 10 | |||
| Acenaphthylene | 208-96-8 | Acenaphthylene | 8100 | 200 |
| 8270 | 10 | |||
| Acetone | 67-64-1 | 2-Propanone | 8240 | 100 |
| Acetophenone | 98-86-2 | Ethanone, 1-phenyl- | 8270 | 10 |
| Acetonitrile; Methyl cyanide | 75-05-8 | Acetonitrile | 8015 | 100 |
| 2-Acetylaminofluorene; 2-AAF | 53-96-3 | Acetamide, N-9H-fluoren-2-yl- | 8270 | 10 |
| Acrolein | 107-02-8 | 2-Propenal | 8030 | 5 |
| 8240 | 5 | |||
| Acrylonitrile | 107-13-1 | 2-Propenenitrile | 8030 | 5 |
| 8240 | 5 | |||
| Aldrin | 309-00-2 | 1,4,5,8-Dimethanonaphthalene, | 8080 | 0.05 |
| 1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a- hexa- | 8270 | 10 | ||
| hydro-(1α, 4α, 4aβ, 5α, 8α, 8aβ)- | ||||
| Allyl chloride | 107-05-1 | 1-Propene, 3-chloro- | 8010 | 5 |
| 8240 | 100 | |||
| 4-Aminobiphenyl | 92-67-1 | [1,1’-Biphenyl]-4-amine | 8270 | 10 |
| Aniline | 62-53-3 | Benzenamine | 8270 | 10 |
| Anthracene | 120-12-7 | Anthracene | 8100 | 200 |
| 8270 | 10 | |||
| Antimony | (Total) | Antimony | 6010 | 300 |
| 7040 | 2,000 | |||
| 7041 | 30 | |||
| Aramite | 140-57-8 | Sulfurous acid, 2-chloroethyl 2-[4-(1,1- | 8270 | 10 |
| dimethylethyl)phenoxy]-1-methylethyl ester. | ||||
| Arsenic | (Total) | Arsenic | 6010 | 500 |
| 7060 | 10 | |||
| 7061 | 20 | |||
| Barium | (Total) | Barium | 6010 | 20 |
| 7060 | 1,000 | |||
| Benzene | 71-43-2 | Benzene | 8020 | 2 |
| 8240 | 5 | |||
| Benzo[a]anthracene; Benzanthra- | 56-55-3 | Benz[a]anthracene | 8100 | 200 |
| cene. | 8270 | 10 | ||
| Benzo[b]fluoranthene | 205-99-2 | Benz[e]acephenanthrylene | 8100 | 200 |
| 8270 | 10 | |||
| Benzo[k]fluoranthene | 207-08-9 | Benzo[k]fluoranthene | 8100 | 200 |
| 8270 | 10 | |||
| Benzo[ghi]perylene | 191-24-2 | Benzo[ghi]perylene | 8100 | 200 |
| 8270 | 10 | |||
| Benzo[a]pyrene | 50-32-8 | Benzo[a]pyrene | 8100 | 200 |
| 8270 | 10 | |||
| Benzyl alcohol | 100-51-6 | Benzenemethanol | 8270 | 20 |
| Beryllium | (Total) | Beryllium | 6010 | 3 |
| 7090 | 50 | |||
| 7091 | 2 | |||
| alpha-BHC | 319-84-6 | Cyclohexane, 1,2,3,4,5,6-hexachloro- | 8080 | 0.05 |
| ,(1α, 2α, 3β, 4α, 5β, 6β)- | ||||
| 8250 | 10 | |||
| beta-BHC | 319-85-7 | Cyclohexane, 1,2,3,4,5,6-hexachloro- | 8060 | 0.05 |
| ,(1α, 2β, 3α, 4β, 5α, 6β)- | ||||
| 8250 | 40 | |||
| delta-BHC | 319-86-8 | Cyclohexane, 1,2,3,4,5,6-hexachloro- | 8080 | 0.1 |
| ,(1α, 2α, 3α, 4β, 5α, 6β)- | ||||
| 8250 | 30 | |||
| gamma-BHC; Lindane | 58-89-9 | Cyclohexane, 1,2,3,4,5,6-hexachloro- | 8080 | 0.05 |
| ,(1α, 2α, 3β, 4α, 5α, 6β)- | ||||
| 8250 | 10 | |||
| Bis(2-chloroethoxy)methane | 111-91-1 | Ethane, 1,1’-[methylenebis (oxy)]bis[2-chloro- | 8270 | 10 |
| Bis(2-chloroethyl)ether | 111-44-4 | Ethane, 1,1’-oxybis[2-chloro- | 8270 | 10 |
| Bis(2-chloro-1-methylethyl) ether; | 106-60-1 | Propane, 2,2’-oxybis[1-chloro- | 8010 | 100 |
| 2,2’-Di-chlorodiisopropyl ether. | 8270 | 10 | ||
| Bis(2-ethylhexyl) phthalate | 117-81-7 | 1,2-Benzenedicarboxylic acid, bis(2- | 8080 | 20 |
| ethylhexyl)ester. | 8270 | 10 | ||
| Bromodichloromethane | 75-27-4 | Methane, bromodichloro- | 8010 | 1 |
| 8240 | 5 | |||
| Bromuform; Tribromomethane | 75-25-2 | Methane, tribromo- | 8010 | 2 |
| 8240 | 5 | |||
| 4-Bromophenyl phenyl ether | 101-55-3 | Benzene, 1-bromo-4-phenoxy- | 8270 | 10 |
| Butyl benzyl phthalate; Benzyl | 85-68-7 | 1, 2-Benzenedicarboxylic acid, butyl phenyl- | 8060 | 5 |
| butyl phthalate | methyl ester. | 8270 | 10 | |
| Cadmium | (Total) | Cadmium | 6010 | 40 |
| 7130 | 50 | |||
| 7131 | 1 | |||
| Carbon disulfide | 75-15-0 | Carbon disulfide | 8240 | 5 |
| Carbon tetrachloride | 56-23-5 | Methane, tetrachloro- | 8010 | 1 |
| 8240 | 5 | |||
| Chlordane | 57-74-9 | 4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-octach- | 8080 | 0.1 |
| loro-2,3,3a,4,7,7a-hexahydro- | 8250 | 10 | ||
| p-Chloroaniline | 106-47-8 | Benzenamine, 4-chloro- | 8270 | 20 |
| Chlorobenzene | 108-90-7 | Benzene, chloro- | 8010 | 2 |
| 8020 | 2 | |||
| 8240 | 5 | |||
| Chlorobenzilate | 510-15-6 | Benzeneacetic acid, 4-chloro-α-(4-chlorophenyl)- | 8270 | 10 |
| α-hydroxy-, ethyl ester. | ||||
| p-Chloro-m-cresol | 59-50-7 | Phenol, 4-chloro-3-methyl- | 8040 | 5 |
| 8270 | 20 | |||
| Chloroethane; Ethyl chloride | 75-00-3 | Ethane, chloro- | 8010 | 5 |
| 8240 | 10 | |||
| Chloroform | 67-66-3 | Methane, trichloro- | 8010 | 0.5 |
| 8240 | 5 | |||
| 2-Chloronaphthalene | 91-58-7 | Naphthalene, 2-chloro- | 8120 | 10 |
| 8270 | 10 | |||
| 2-Chlorophenol | 95-57-8 | Phenol, 2-chloro- | 8040 | 5 |
| 8270 | 10 | |||
| 4-Chlorophenyl phenyl ether | 7005-72-3 | Benzene, 1-chloro-4-phenoxy- | 8270 | 10 |
| Chloroprene | 126-99-8 | 1,3-Butadiene, 2-chloro- | 8010 | 50 |
| 8240 | 5 | |||
| Chromium | (Total) | Chromium | 6010 | 70 |
| 7190 | 500 | |||
| 7191 | 10 | |||
| Chrysene | 218-01-9 | Chrysene | 8100 | 200 |
| 8270 | 10 | |||
| Cobalt | (Total) | Cobalt | 6010 | 70 |
| 7200 | 500 | |||
| 7201 | 10 | |||
| Copper | (Total) | Copper | 6010 | 60 |
| 7210 | 200 | |||
| m-Cresol | 108-39-4 | Phenol, 3-methyl- | 8270 | 10 |
| o-Cresol | 95-48-7 | Phenol, 2-methyl- | 8270 | 10 |
| p-Cresol | 106-44-5 | Phenol, 4-methyl- | 8270 | 10 |
| Cyanide | 57-12-5 | Cyanide | 9010 | 40 |
| 2,4-D; 2,4-Dichlorophenoxyacetic | 94-75-7 | Acetic acid, (2,4-dichlorophenoxy)- | 8150 | 10 |
| acid. | ||||
| 4,4’-DDD | 72-54-8 | Benzene 1,1’-(2,2-dichloroethylidene)bis[4- | 8080 | 0.1 |
| chloro- | 8270 | 10 | ||
| 4,4’-DDE | 72-55-9 | Benzene, 1,1’-(dichloroethenylidene)bis[4- | 8080 | 0.05 |
| chloro- | 8270 | 10 | ||
| 4,4’-DDT | 50-29-3 | Benzene, 1,1’-(2,2,2-trichloroethylidene)bis[4- | 8080 | 0.1 |
| chloro- | 8270 | 10 | ||
| Diallate | 2303-16-4 | Carbamothioic acid, bis(1-methylethyl)-, S- (2,3- | 8270 | 10 |
| dichloro-2-propenyl) ester. | ||||
| Dibenz(a,h)anthracene | 53-70-3 | Dibenz(a,h)anthracene | 8100 | 200 |
| 8270 | 10 | |||
| Dibenzofuran | 132-64-9 | Dibenzofuran | 8270 | 10 |
| Dibromochloromethane; Chlorodi- | 124-48-1 | Methane, dibromochloro | 8010 | 1 |
| bromomethane | 8240 | 5 | ||
| 1,2-Dibromo-3-chloropropane; | 96-12-8 | Propane, 1,2-dibromo-3-chloro- | 8010 | 100 |
| DBCP. | 8240 | 5 | ||
| 8270 | 10 | |||
| 1,2-Dibromoethane; Ethylene | 106-93-4 | Ethane, 1,2-dibromo- | 8010 | 10 |
| dibromide. | 8240 | 5 | ||
| Di-n-butyl phthalate | 84-74-2 | 1,2-Benzenedicarboxylic acid, dibutyl ester | 8060 | 5 |
| 8270 | 10 | |||
| o-Dichlorobenzene | 95-50-1 | Benzene, 1,2-dichloro- | 8010 | 2 |
| 8020 | 5 | |||
| 8120 | 10 | |||
| 8270 | 10 | |||
| m-Dichlorobenzene | 541-73-1 | Benzene, 1,3-dichloro- | 8010 | 5 |
| 8020 | 5 | |||
| 8120 | 10 | |||
| 8270 | 10 | |||
| p-Dichlorobenzene | 106-46-7 | Benzene, 1,4-dichloro- | 8010 | 2 |
| 8020 | 5 | |||
| 8120 | 15 | |||
| 8270 | 10 | |||
| 3,3’-Dichlorobenzidine | 91-94-1 | [1,1’-Biphenyl]-4,4’-diamine, 3,3’-dichloro- | 8270 | 20 |
| trans-1,4-Dichloro-2-butene | 110-57-6 | 2-Butene, 1,4-dichloro-, (E)- | 8240 | 5 |
| Dichlorodifluoromethane | 75-71-8 | Methane, dichlorodifluoro- | 8010 | 10 |
| 8240 | 5 | |||
| 1,1-Dichloroethane | 75-34-3 | Ethane, 1,1-dichloro- | 8010 | 1 |
| 8240 | 5 | |||
| 1,2-Dichloroethane; Ethylene di- | 107-06-2 | Ethane, 1,2-dichloro- | 8010 | 0.5 |
| chloride | 8240 | 5 | ||
| 1,1-Dichloroethylene; Vinyldene | 75-35-4 | Ethene, 1,2-dichloro- | 8010 | 1 |
| chloride. | 8240 | 5 | ||
| trans-1,2-Dichloroethylene | 156-60-5 | Ethene, 1,2-dichloro-, (E)- | 8010 | 1 |
| 8240 | 5 | |||
| 2,4-Dichlorophenol | 120-83-2 | Phenol, 2,4-dichloro- | 8040 | 5 |
| 8270 | 10 | |||
| 2,6-Dichlorophenol | 87-65-0 | Phenol, 2,6-dichloro- | 8270 | 10 |
| 1,2-Dichloropropane | 78-87-5 | Propane, 1,2-dichloro- | 8010 | 0.5 |
| 8240 | 5 | |||
| cis-1,3-Dichloropropene | 10061-01-5 | 1-Propene, 1,3-dichloro-, (Z)- | 8010 | 20 |
| 8240 | 5 | |||
| trans-1,3-Dichloropropene | 10061-02-6 | 1-Propene, 1,3-dichloro-, (E)- | 8010 | 5 |
| 8240 | 5 | |||
| Dieldrin | 60-57-1 | 2,7,3,6-Dimethanonaphth[2,3-b]oxirene, | 8080 | 0.05 |
| 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a- | 8270 | 10 | ||
| octahydro-, (1aα, 2β, 2aα, 3β, 6β, 6aα, 7β, 7aα- | ||||
| Diethyl phthalate | 84-66-2 | 1,2-Benzenedicarboxylic acid, diethyl ester | 8060 | 5 |
| 8270 | 10 | |||
| O,O-Diethyl O-2-pyrazinyl phos- | 297-97-2 | Phosphorothioic acid, O,O-diethy: O-pyrazinyl | 8270 | 10 |
| phorothioate: Thionazin | ester. | |||
| Dimethoate | 60-51-5 | Phosphorodithioic acid, O,O-dimethyl S-[2- | 8270 | 10 |
| (methylamino)-2-oxoethyl) ester. | ||||
| p-(Dimethylamino)azobenzene | 60-11-7 | Benzenamine, N,N-dimethyl-4-(phenylazo)- | 8270 | 10 |
| 7,12-Dimethylbenz(a)anthracene | 57-97-6 | Benz(a)anthracene, 7,12-dimethyl- | 8270 | 10 |
| 3,3’-Dimethylbenzidine | 119-93-7 | (1,1’-Biphenyl)-4,4’-diamine, 3,3’-dimethyl- | 8270 | 10 |
| alpha, alpha-Dimethylphenethyla- | 122-09-8 | Benzeneethanamine, a,a-dimethyl- | 8270 | 10 |
| mine. | ||||
| 2,4-Dimethylphenol | 105-67-9 | Phenol, 2,4-dimethyl- | 8040 | 5 |
| 8270 | 10 | |||
| Dimethyl phthalate | 131-11-3 | 1,2-Benzenedicarboxylic acid, dimethyl ester | 8060 | 5 |
| 8270 | 10 | |||
| m-Dinitrobenzene | 99-65-0 | Benzene, 1,3-dinitro- | 8270 | 10 |
| 4,6-Dinitro-o-cresol | 534-52-1 | Phenol, 2-methyl-4,6-dinitro- | 8040 | 150 |
| 8270 | 50 | |||
| 2,4-Dinitrophenol | 51-28-5 | Phenol, 2,4-dinitro- | 8040 | 150 |
| 8270 | 50 | |||
| 2,4-Dinitrotoluene | 121-14-2 | Benzene, 1-methyl-2,4-dinitro- | 8090 | 0.2 |
| 8270 | 10 | |||
| 2,6-Dinitrotoluene | 606-20-2 | Benzene, 2-methyl-1,3-dinitro- | 8090 | 0.1 |
| 8270 | 10 | |||
| Dinoseb; DNBP; 2-sec-Butyl-4,6- | 88-85-7 | Phenol, 2-(1-methylpropyl)-4,6-dinitro- | 8150 | 1 |
| dinitrophenol | 8270 | 10 | ||
| Di-n-octyl phthalate | 117-84-0 | 1,2-Benzenedicarboxylic acid, dioctyl ester | 8060 | 30 |
| 8270 | 10 | |||
| 1,4-Dioxane | 123-91-1 | 1,4-Dioxane | 8015 | 150 |
| Diphenylamine | 122-39-4 | Benzenamine, N-phenyl- | 8270 | 10 |
| Disulfoton | 298-04-4 | Phosphorodithioic acid, O,O-diethyl S-[2- | 8140 | 2 |
| (ethylthio)ethyl]ester | 8270 | 10 | ||
| Fndosulfan I | 959-98-8 | 6,9-Methano-2,4,3-benzodioxathiepin, | 8080 | 0.1 |
| 6,7,8,9,10,10-hexachloro-1,5,5a,6,6.9,9a.- | 8250 | 10 | ||
| hexahydro-, 3-oxide, (3α, 5aβ, 6α, 9α, 9aβ,- | ||||
| Endosulfan II | 33213-65-9 | 6,9-Methano-2, 4, 3-benzodioxathiepin, | 8080 | 0.05 |
| 6,7,8,9,10,10-hexachloro- 1.5,5a,6,9,9a-hexahy | ||||
| dro-, 3-oxide, (3α, 5aα, 6β, 9β, 9aα)- | ||||
| Endosulfan sulfate | 1031-07-8 | 6,9-Methano-2,4,3-benzodioxathiepin, | 8060 | 0.5 |
| 6,7,8,9,10,10-hexachloro- 1,5,51,6,9,9a-hexa- | 8270 | 10 | ||
| hydro-, 3.3-dioxide. | ||||
| Endrin | 72-20-8 | 2,7,3,6-Dimethanonaphth[2,3-b]oxirene, | 8080 | 0.1 |
| 3,4,5,6,7,7-hexachloro-1a,2,2a,3,6,6a,7,7a- | 8250 | 10 | ||
| octahydro-, (1aα, 2β, 2aβ, 3α, 6β, 6aβ, 7β, 7aβ) | ||||
| Endrin aldehyde | 7421-93-4 | 1,2,4-Methenocyclopenta[cd]pentalene-5 | 8080 | 0.2 |
| carboxaldehyde, 2,2a,3,3,4,7-hexachlorodeca- | 8270 | 10 | ||
| hydro-, (1α, 2β, 2aβ, 4β, 4aβ, 5β, 6aβ, | ||||
| 6bβ,7R*)- | ||||
| Ethylbenzene | 100-41-4 | Benzene, ethyl- | 8020 | 2 |
| 8240 | 5 | |||
| Ethyl methacrylate | 97-63-2 | 2-Propenoic acid, 2-methyl-, ethyl ester | 8015 | 10 |
| 8240 | 5 | |||
| 8270 | 10 | |||
| Ethyl methanesulfonate | 62-50-0 | Methanesulfonic acid, ethyl ester | 8270 | 10 |
| Famphur | 52-85-7 | Phosphorothioic acid, )-[4- | 8270 | 10 |
| [(dimethyiamino)sulfonyl]phenyl]-O,O-di- | ||||
| methyl ester. | ||||
| Fluoranthene | 206-44-0 | Fluoranthene | 8100 | 200 |
| 8270 | 10 | |||
| Fluorene | 86-73-7 | 9H-Fluorene | 8100 | 200 |
| 8270 | 10 | |||
| Heptachlor | 76-44-8 | 4,7-Methano-1H-indene, 1,4,5,6,7,8,8-hepta- | 8080 | 0.05 |
| chloro-3a,4,7,7a-tetrahydro- | 8270 | 10 | ||
| Heptachlor epoxide | 1024-57-3 | 2,5-Methano-2H-indeno[1,2-b]oxirene, | 8080 | 1 |
| 2,3,4,5,6,7,7-heptachloro-1a,1b,5,5a,6,6a,- | 8270 | 10 | ||
| hexahydro-, (1aα, 1bβ, 2α, 5α, 5aβ, 6β, 6aα) | ||||
| Hexachlorobutadiene | 87-68-3 | 1,3-Butadiene, 1,2,3,4,4-hexachloro- | 8120 | 5 |
| 8270 | 10 | |||
| Hexachlorocyclopentadiene | 77-47-4 | 1,3-Cyclopentadiene,1,2,3,4,5,5-hexachloro- | 8120 | 5 |
| 8270 | 10 | |||
| Hexachloroethane | 67-72-1 | Ethane, hexachloro- | 8120 | 0.5 |
| 8270 | 10 | |||
| Hexachlorophene | 70-30-4- | Phenol, 2.2’-methylenebis[3,4,6-trichloro- | 8270 | 10 |
| Hexachloropropene | 1888-71-7 | 1-Propene, 1,1,2,3,3,3-hexachloro- | 8270 | 10 |
| 2-Hexanone | 591-78-6 | 2-Hexanone | 8240 | 50 |
| Indeno(1,2,3,-cd)pyrene | 193-39-5 | Indeno[1,2,3-cd]pyrene | 8100 | 200 |
| 8270 | 10 | |||
| Isobutyl alcohol | 78-83-1 | 1-Propanol, 2-methyl- | 8015 | 50 |
| Isodrin | 465-73-6 | 1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10 | 8270 | 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- | 8090 | 60 |
| 8270 | 10 | |||
| Isosafrole | 120-58-1 | 1,3-Benzodioxole, 5-(1-propenyl)- | 8270 | 10 |
| Kepone | 143-50-0 | 1,3,4-Metheno-2H-cyclobuta- [cd]pentalen-2- | 8270 | 10 |
| one 1,1a,3,3a,4,5,5,5a,5b,6-decachloroocta- | ||||
| hydro- | ||||
| Lead | (Total) | Lead | 6010 | 40 |
| 7420 | 1,000 | |||
| 7421 | 101 | |||
| Mercury | (Total) | Mercury | 7470 | 2 |
| Methacrylonitrite | 126-93-7 | 2-Propellelnitrite, 2-methyl- | 8015 | 5 |
| 8240 | 5 | |||
| Methapyrilene | 91-80-5 | 1,2,Ethanediamine, N,N-dimethyl-N’-2-pridinyl- | 8270 | 10 |
| N’(2-thienyimethyl)- | ||||
| Methoxychlor | 72-43-5 | Benzene, 1,1’-(2,2,2,trichloroethylidene)bis[4- | 8080 | 2 |
| methoxy-, | 8270 | 10 | ||
| Methyl bromide; Bromomethane | 74-83-9 | Methane, bromo | 8010 | 20 |
| 8240 | 10 | |||
| Methyl chloride; Chloromethane | 74-87-3 | Methane, chloro- | 8010 | 1 |
| 8240 | 10 | |||
| 3-Methylcholanthrene | 56-49-5 | Benz[j]aceanthrylene 1,2-dihydro-3-methyl- | 8270 | 10 |
| Methylene bromide; Dibromo- | 74-95-3 | Methane, dibromo- | 8010 | 15 |
| methane. | 8240 | 5 | ||
| Methylene chloride; Dichloro- | 75-09-2 | Methane, dichloro- | 8010 | 5 |
| methane. | 8240 | 5 | ||
| Methyl ethyl ketone; MEK | 78-93-3 | 2-Butanone | 8015 | 10 |
| 8240 | 100 | |||
| Methyl iodide; Iodomethane | 74-88-4 | Methane, iodo- | 8010 | 40 |
| 8240 | 5 | |||
| Methyl methacrylate | 80-62-6 | 2-Propenoic acid, 2-methyl-, methyl ester | 8015 | 2 |
| 8240 | 5 | |||
| Methyl methanesulfonate | 66-27-3 | Mothanesulfonic acid, methyl ester | 8270 | 10 |
| 2-Methylnaphthalene | 91-57-6 | Naphthalene, 2-methyl- | 8270 | 10 |
| Methyl parathion: Parathion | 298-00-0 | Phosphorothioic acid, O,O-dimethyl O-(4-nitro- | 8140 | 0.5 |
| methyl | phenyl) ester | 8270 | 10 | |
| 4-Methyl-2-pentanone; Methyl | 108-10-1 | 2-Pentanone, 4-methyl- | 8015 | 5 |
| isobutyl ketone. | 8240 | 50 | ||
| Naphthalene | 91-20-3 | Naphthalene | 8100 | 200 |
| 8270 | 10 | |||
| 1,4-Naphthoquinone | 130-15-4 | 1,4-Naphthalenedione | 8270 | 10 |
| 1-Naphthylamine | 134-32-7 | 1-Naphthalenamine | 8270 | 10 |
| 2-Naphthylamine | 91-59-8 | 2-Naphthalenamine | 8270 | 10 |
| Nickel | (Total) | Nickel | 6010 | 50 |
| 7520 | 400 | |||
| o-Nitroaniline | 88-74-4 | Benzenamine, 2-nitro- | 8270 | 50 |
| m-Nitroaniline | 99-09-2 | Benzenamine, 3-nitro- | 8270 | 50 |
| p-Nitroaniline | 100-01-6 | Benzenamine, 4-nitro- | 8270 | 50 |
| Nitrobenzene | 98-95-3 | Benzene, nitro- | 8090 | 40 |
| 8270 | 10 | |||
| o-Nitrophenol | 88-75-5 | Phenol, 2-nitro- | 8040 | 5 |
| 8270 | 10 | |||
| p-Nitrophenol | 100-02-7 | Phenol, 4-nitro- | 8040 | 10 |
| 8270 | 50 | |||
| 4-Nitroquinoline 1-oxide | 56-57-5 | Quinoline, 4-nitro-, 1-oxide | 8270 | 10 |
| N-Nitrosodi-n-butylamine | 924-16-3 | 1-Butanamine, N-butyl-N-nitroso- | 8270 | 10 |
| N-Nitrosodiethylamine | 55-18-5 | Ethanamine, N-ethyl-N-nitroso- | 8270 | 10 |
| N-Nitrosodimethylamine | 62-75-9 | Methanamine, N-methyl-N-nitroso- | 8270 | 10 |
| N-Nitrosodiphenylamine | 86-30-6 | Benzenamine, N-nitroso-N-phenyl- | 8270 | 10 |
| N-Nitrosodipropylamine: Di-n- | 621-64-7 | 1-Propanamine, N-nitroso-N-propyl- | 8270 | 10 |
| pro-pylnitrosamine. | ||||
| N-Nitrosomethylethylamine | 10595-95-6 | Ethanamine, N-methyl-N-nitroso- | 8270 | 10 |
| N-Nitrosomorpholine | 59-89-2 | Morpholine, 4-nitroso- | 8270 | 10 |
| N-Nitrosopiperidene | 100-75-4 | Pipendine, 1-nitroso- | 8270 | 10 |
| N-Nitrosopyrrolidine | 930-55-2 | Pyrrolidine, 1-nitroso- | 8270 | 10 |
| 5-Nitro-o-toluidine | 99-55-8 | Benzenamine, 2-methyl-5-nitro- | 8270 | 10 |
| Parathion | 56-38-2 | Phosphorothioic acid, O,O-diethyl-O-(4-nitro- | 8270 | 10 |
| phenyl) ester | ||||
| Polychlorinated biphenyls: PCBs | 7 | 1,1-Biphenyl, chloro derivatives | 8080 | 50 |
| 8250 | 100 | |||
| Polychlorinated dibenzo-p-dioxins, | 8 | Dibenzo[b,e][1,4]dioxin, chloro derivatives | 8280 | 0.01 |
| PCDDs | ||||
| Polychlorinated dibenzofurans; | 9 | Dibenzofuran, chloro derivatives | 8280 | 0.01 |
| PCDFs | ||||
| Pentachlorobenzene | 608-93-5 | Benzene, pentachloro- | 8270 | 10 |
| Pentachloroethane | 76-01-7 | Ethane, pentachloro- | 8240 | 5 |
| 8270 | 10 | |||
| Pentachloronitrobenzene | 82-68-8 | Benzene, pentachloronitro- | 8270 | 10 |
| Pentachlorophenol | 87-86-5 | Phenol, pentachloro- | 8040 | 5 |
| 8270 | 50 | |||
| Phenacetin | 62-44-2 | Acetamide, N-(4-ethoxyphenyl) | 8270 | 10 |
| Phenanthrene | 85-01-8 | Phenanthrene | 8100 | 200 |
| 8270 | 10 | |||
| Phenol | 108-95-2 | Phenol | 8040 | 1 |
| 8270 | 10 | |||
| p-Phenylenediamine | 106-50-3 | 1,4-Benzenediamine | 8270 | 10 |
| Phorate | 298-02-2 | Phosphorodithioic acid, O,O-diethyl S- | 8140 | 2 |
| [(ethylthio)methyl] ester | 8270 | 10 | ||
| 2-Picoline | 109-06-8 | Pyridine, 2-methyl- | 8240 | 5 |
| 8270 | 10 | |||
| Pronamide | 23950-58-5 | Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2- | 8270 | 10 |
| pro-pynyl)- | ||||
| Propionitrile; Ethyl cyanide | 107-12-0 | Propanenitrile | 8015 | 60 |
| 8240 | 5 | |||
| Pyrene | 129-00-0 | Pyrene | 8100 | 200 |
| 8270 | 10 | |||
| Pyridine | 110-86-1 | Pyridine | 8240 | 5 |
| 8270 | 10 | |||
| Safrole | 94-59-7 | 1,3-Benzodioxole, 5-(2-propenyl)- | 8270 | 10 |
| Selenium | (Total) | Selenium | 6010 | 750 |
| 7740 | 20 | |||
| 7741 | 20 | |||
| Silver | (Total) | Silver | 6010 | 70 |
| 7760 | 100 | |||
| Silvex; 2,4,5-TP | 93-72-1 | Propanoic acid, 2-(2,4,5-trichlorophenoxy)- | 8150 | 2 |
| Styrene | 100-42-5 | Benzene, ethenyl- | 8020 | 1 |
| 8240 | 5 | |||
| Sulfide | 18496-25-8 | Sulfide | 9030 | 10,000 |
| 2,4,5-T; 2,4,5-Trichlorophen- | 93-76-5 | Acetic acid, (2,4,5-trichlorophenoxy)- | 8150 | 2 |
| oxyacetic acid. | ||||
| 2,3,7,8-TCDD, 2,3,7,8-Tetra- | 1746-01-6 | Dibenzo[b,e][1,4] dioxin, 2,3,7,8-tetrachloro- | 8280 | 0.005 |
| chlorodibenzo-p-dioxin | ||||
| 1,2,4,5-Tetrachlorobenzene | 95-94-3 | Benzene, 1,2,4,5-tetrachloro- | 8270 | 10 |
| 1,1,1,2-Tetrachloroethane | 630-20-6 | Ethane, 1,1,1,2-tetrachloro- | 8010 | 5 |
| 8240 | 5 | |||
| 1,1,2,2-Tetrachloroethane | 79-34-5 | Ethane, 1,1,2,2-tetrachloro- | 8010 | 0.5 |
| 8240 | 5 | |||
| Tetrachloroethylene; Perchloro- | 127-18-4 | Ethene, tetrachloro- | 8010 | 0.5 |
| ethylene; Tetrachloroethene | 8240 | 5 | ||
| 2,3,4,6-Tetrachlorophenol | 58-90-2 | Phenol, 2,3,4,6-tetrachloro- | 8270 | 10 |
| Tetraethyl dithiopyrophosphate; | 3689-24-5 | Thiodiphosphoric acid ([(HO)2P(S)]2O), tetra- | 8270 | 10 |
| Sulfotepp | ethyl ester | |||
| Thalium | (Total) | Thalium | 6010 | 400 |
| 7840 | 1,000 | |||
| 7841 | 10 | |||
| Tin | (Total) | Tin | 7870 | 8,000 |
| Toluene | 108-88-3 | Benzene, methyl- | 8020 | 2 |
| 8240 | 5 | |||
| o-Toluidine | 95-53-4 | Benzenamine, 2-methyl- | 8270 | 10 |
| Toxaphene | 8001-35-2 | Toxaphene | 8080 | 2 |
| 8250 | 10 | |||
| Tributyltin | 688-73-3 | Tributylstannane | NOAA- 199310 | 0.5 |
| 1,2,4-Trichlorobenzene | 120-82-1 | Benzene, 1,2,4-trichloro- | 8270 | 10 |
| 1,1,1-Trichloroethane; Methyl- | 71-55-6 | Ethane, 1,1,1-trichloro- | 8240 | 5 |
| chloroform. | ||||
| 1,1,2-Trichloroethane | 79-00-5 | Ethane, 1,1,2-trichlor- | 8010 | 0.2 |
| 8240 | 5 | |||
| Trichloroethylene; Trichloro- | 79-01-6 | Ethene, trichloro- | 8010 | 1 |
| ethene | 8240 | 5 | ||
| Trichlorofluoromethane | 75-69-4 | Methane, trichlorofluoro- | 8010 | 10 |
| 8240 | 5 | |||
| 2,4,5-Trichlorophenol | 95-95-4 | Phenol, 2,4,5-trichloro- | 8270 | 10 |
| 2,4,6-Trichlorophenol | 88-06-2 | Phenol, 2,4,6-trichloro- | 8040 | 5 |
| 8270 | 10 | |||
| 1,2,3-Trichloropropane | 96-18-4 | Propane, 1,2,3-trichloro- | 8010 | 10 |
| 8240 | 5 | |||
| O,O,O-Triethyl phosphorothioate | 126-68-1 | Phosphorothioic acid, O,O,O-triethyl ester | 8270 | 10 |
| sym-Trinitrobenzene | 99-35-4 | Benzene, 1,3,5-trinitro- | 8270 | 10 |
| Vanadium | (Total) | Vanadium | 6010 | 80 |
| 7910 | 2,000 | |||
| 7911 | 40 | |||
| Vinyl acetate | 108-05-4 | Acetic acid, ethenyl ester | 8240 | 5 |
| Vinyl chloride | 75-01-4 | Ethene, chloro- | 8010 | 2 |
| 8240 | 10 | |||
| Xylene (total) | 1330-20-7 | Benzene, dimethyl- | 8020 | 5 |
| 8240 | 5 | |||
| Zinc | (Total) | Zinc | 6010 | 20 |
| 7950 | 50 | |||
| 1The regulatory requirements pertain only to the list of substances; the right hand columns (Methods and PQL) are given for informational purposes only. See also footnotes 5 and 6. | ||||
| 2Common names are those widely used in government regulations, scientific publications, and commerce; synonyms exist for many chemicals. | ||||
| 3Chemical Abstracts Service registry number. Where “Total” is entered, all species in the ground water that contain this element are included. | ||||
| 4CAS index names are those used in the 9th Cumulative Index. | ||||
| 5Suggested methods refer to analytical procedure numbers used in the EPA publication, SW-846, “Test Methods for Evaluating Solid Waste,” Third Edition. Analytical details can be found in SW-846 and in documentation on file at the Agency. The packed column gas chromatography methods 8010, 8020, 8030, 8040, 8060, 8080, 8090, 8110, 8120, 8140, 8150, 8240, and 8250 were promulgated methods through Update IIB of SW-846 and, as of Update III, the Agency has replaced these methods with “capillary column GC methods,” as the suggested methods. | ||||
| 6Practical Quantitation Limits (PQLs) are the lowest concentrations of analytes in ground waters that can be reliably determined within specified limits of precision and accuracy by the indicated methods under routine laboratory operating conditions. The PQLs listed are generally stated to one significant figure. CAUTION: The PQL values in many cases are based only on a general estimate for the method and not on a determination for individual compounds; PQLs are not a part of the regulation. | ||||
| 7Polychlorinated 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). The PQL shown is an average value for PCB congeners. | ||||
| 8This category contains congener chemicals, including tetrachlorodibenzo-p-dioxins (see also 2,3,7,8-TCDD), pentachlorodibenzo-p-dioxins, and hexachlorodibenzo-p-dioxins. The PQL shown is an average value for PCDD congeners. | ||||
| 9This category contains congener chemicals, including tetrachlorodibenzofurans, pentachlorodibenzofurans, and hexachlorodibenzofurans. The PQL shown is an average value for PCDF congeners. | ||||
| 10For nonessential matrices, consult with Department regarding methods before collection. |
This firm [insert “is required” or “is not required”] to file a Form 10K with the Securities and Exchange Commission (SEC) for the latest fiscal year.
The fiscal year of this firm ends on [month, day]. The figures for the following items marked with an asterisk are derived from this firm’s independently audited, year-end financial statements for the latest completed fiscal year, ended [date].
[Fill in part A if you are using the financial test to demonstrate coverage only for the liability requirements.]
Part A. Liability Coverage for Accidental Occurrences
[Fill in Alternative I if the criteria of paragraph (f)(1)(i) of Section 264.147 or Section 265.147 are used.
Fill in Alternative II if the criteria of paragraph (f)(1)(ii) of Section 264.147 or Section 265.147 are used.]
Alternative I
| 1. | Amount of annual aggregate liability coverage to be demonstrated. | $ | |||||
| * | 2. | Current assets. | $ | ||||
| * | 3. | Current liabilities. | $ | ||||
| 4. | Net working capital (line 2 minus line 3). | $ | |||||
| * | 5. | Tangible net worth. | $ | ||||
| * | 6. | If less than 90% or assets are located in the U.S., given total U.S. assets. | $ | ||||
| Yes | No | ||||||
| 7. | Is line 5 at least $10 million? | ||||||
| 8. | Is line 4 at least 6 times line 1? | ||||||
| 9. | Is line 5 at least 6 times line 1? | ||||||
| * | 10. | Are at least 90% of assets located in the U.S.? If not, complete line 11. | |||||
| 11. | Is line 6 at least 6 times line 1? |
Alternative II
| 1. | Amount of annual aggregate liability coverage to be demonstrated. | $ | |||||
| 2. | Current bond rating of most recent issuance and name of rating service. | ||||||
| 3. | Date of issuance of bond. | ||||||
| 4. | Date of maturity of bond. | ||||||
| * | 5. | Tangible net worth. | $ | ||||
| * | 6. | Total assets in U.S. (required only if less than 90% of assets are located in the U.S.). | $ | ||||
| Yes | No | ||||||
| 7. | Is line 5 at least $10 million? | ||||||
| 8. | Is line 5 at least 6 times line 1? | ||||||
| 9. | Are at least 90% of assets located in the U.S.? If not, complete line 10. | ||||||
| 10. | Is line 6 at least 6 times line 1? |
[Fill in part B if you are using the financial test to demonstrate assurance of both liability coverage and closure or postclosure care.]
Part B. Closure or Postclosure Care and Liability Coverage
[Fill in Alternative I if the criteria of paragraphs (f)(1)(i) of Section 264.143 or Section 264.145 and (f)(1)(i) of Section 264.147 are used or if the criteria of paragraphs (e)(1)(i) of Section 265.143 or Section 265.145 and (f)(1)(i) of Section 265.147 are used. Fill in Alternative II if the criteria of paragraphs (f)(1)(ii) of Section 264.143 or Section 264.145 and (f)(1)(ii) of Section 264.147 are used or if the criteria of paragraphs (e)(1)(ii) of Section 265.143 or Section 265.145 and (f)(1)(ii) of Section 265.147 are used.]
Alternative I
| 1. | Sum of current closure and postclosure cost estimates (total of all cost estimates listed above). | $ | |||||
| 2. | Amount of annual aggregate liability coverage to be demonstrated. | $ | |||||
| 3. | Sum of lines 1 and 2. | $ | |||||
| * | 4. | Total liabilities (if any portion of your closure or postclosure cost estimates is included in your total liabilities, you may deduct that portion from this line and add that amount to lines 5 and 6). | $ | ||||
| 5. | Tangible net worth. | $ | |||||
| * | 6. | Net worth. | $ | ||||
| * | 7. | Current assets. | $ | ||||
| * | 8. | Current liabilities. | $ | ||||
| 9. | Net working capital (line 7 minus line 8). | $ | |||||
| * | 10. | The sum of net income plus depreciation, depletion, and amortization. | $ | ||||
| * | 11. | Total assets in U.S. (required only if less than 90% of assets are located in the U.S.). | $ | ||||
| Yes | No | ||||||
| 12. | Is line 5 at least $10 million? | ||||||
| 13. | Is line 5 at least 6 times line 3? | ||||||
| 14. | Is line 9 at least 6 times line 3? | ||||||
| 15. | Are at least 90% of assets located in the U.S.? If not, complete line 16. | ||||||
| 16. | Is line 11 at least 6 times line 3? | ||||||
| 17. | Is line 4 divided by line 6 less than 2.0? | ||||||
| 18. | Is line 10 divided by line 4 greater than 0.1? | ||||||
| 19. | Is line 7 divided by line 8 greater than 1.5? |
Alternative II
| 1. | Sum of current closure and postclosure cost estimates (total of all cost estimates listed above). | $ | |||||
| 2. | Amount of annual aggregate liability coverage to be demonstrated. | $ | |||||
| 3. | Sum of lines 1 and 2. | $ | |||||
| 4. | Current bond rating of most recent issuance and name of rating service. | ||||||
| 5. | Date of issuance of bond. | ||||||
| 6. | Date of maturity of bond. | ||||||
| * | 7. | Tangible net worth (if any portion of the closure or postclosure cost estimates is included in “total liabilities” on your financial statements you may add that portion to this line). | $ | ||||
| * | 8. | Total assets in U.S. (required only if less than 90% of assets are located in the U.S.). | $ | ||||
| Yes | No | ||||||
| 9. | Is line 7 at least $10 million? | ||||||
| 10. | Is line 7 at least 6 times line 3? | ||||||
| * | 11. | Are at least 90% of assets located in the U.S.? If not, complete line 12. | |||||
| 12. | Is line 8 at least 6 times line 3? |
I hereby certify that the wording of this letter is identical to the wording specified in 264.151(g) as such regulations were constituted on the date shown immediately below.
| [Signature] | |
| [Name] | |
| [Title] | |
| [Date] |
264.151 APPENDIX H (12/93; 5/96)
SOUTH CAROLINA DEPARTMENT OF ENVIRONMENTAL SERVICES BUREAU OF LAND AND WASTE MANAGEMENT
H—(1): Corporate Guarantee
Corporate Guarantee for Closure or Postclosure Care
Guarantee made this __________ (date) by [name of guaranteeing entity], a business corporation organized under the laws of the State of South Carolina, herein referred to as guarantor. This guarantee is made on behalf of the [owner or operator] of [business address], which is [one of the following: “our subsidiary”; “a subsidiary of [name and address of common parent corporation], of which guarantor is a subsidiary”; or “an entity with which guarantor has a substantial business relationship, as defined in R.61-79 [either 264.141(h) or 265.141(h)]” to the Department
Recitals
1976 Code Sections 44-56-30 et seq., 48-6-10 et seq., and 2023 Act No. 60, effective July 1, 2024
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 20, Issue No. 5, eff May 24, 1996; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 30, Issue No. 6, eff June 23, 2006; State Register Volume 31, Issue No. 6, eff June 22, 2007; SCSR 43-5 Doc. No. 4841, eff May 24, 2019; SCSR 44-11 Doc. No. 4976, eff November 27, 2020; SCSR 45-5 Doc. No. 4975, eff May 28, 2021; SCSR 46-5 Doc. No. 5058, eff May 27, 2022.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 17, eff December 24, 1993.
HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; SCSR 46-5 Doc. No. 5058, eff May 27, 2022.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 17, eff December 24, 1993; SCSR 46-5 Doc. No. 5058, eff May 27, 2022.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 19, Issue No. 6, eff June 23, 1995; State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 36, Issue No. 9, eff September 28, 2012; SCSR 42-12 Doc. No. 4840, eff December 28, 2018.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 12, Issue No. 10, eff October 28, 1988; State Register Volume 12, Issue No. 11, eff November 25, 1988; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; SCSR 46-5 Doc. No. 5058, eff May 27, 2022.
HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 12, Issue No. 10, eff October 28, 1988; State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 32, Issue No. 6, eff June 27, 2008; State Register Volume 36, Issue No. 3, eff March, 23, 2012; SCSR 43-5 Doc. No. 4841, eff May 24, 2019.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 32, Issue No. 6, eff June 27, 2008.
HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Added by State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 32, Issue No. 6, eff June 27, 2008; State Register Volume 36, Issue No. 9, eff September 28, 2012.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 32, Issue No. 6, eff June 27, 2008; State Register Volume 36, Issue No. 9, eff September 28, 2012.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 31, Issue No. 2, eff February 23, 2007.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 31, Issue No. 2, eff February 23, 2007; State Register Volume 36, Issue No. 9, eff September 28, 2012; State Register Volume 40, Issue No. 5, Doc. No. 4646, eff May 27, 2016; SCSR 42-12 Doc. No. 4840, eff December 28, 2018; SCSR 43-5 Doc. No. 4841, eff May 24, 2019; SCSR 43-11 Doc. No. 4882, eff November 22, 2019.
HISTORY: Amended by State Register Volume 31, Issue No. 2, eff February 23, 2007; State Register Volume 36, Issue No. 9, eff September 28, 2012; SCSR 44-6 Doc. No. 4883, eff June 26, 2020.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 32, Issue No. 6, eff June 27, 2008.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 12, Issue No. 11, eff November 25, 1988; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 31, Issue No. 2, eff February 23, 2007; SCSR 44-6 Doc. No. 4883, eff June 26, 2020.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998.
HISTORY: Added by State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 12, Issue No. 10, eff October 28, 1988; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 26, Issue No. 6, Part 1, eff June 28, 2002.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 19, Issue No. 6, eff June 23, 1995.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 32, Issue No. 6, eff June 27, 2008.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 32, Issue No. 6, eff June 27, 2008.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 32, Issue No. 6, eff June 27, 2008.
HISTORY: Added by State Register Volume 10, Issue No. 1, eff January 24, 1986; amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 19, Issue No. 6, eff June 23, 1995; State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 12, eff December 24, 1999; State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 12, Issue No. 10, eff October 28, 1988; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 17, eff December 24, 1993; State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 25, Issue No. 10, eff October 26, 2001.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24; State Register Volume 25, Issue No. 10, eff October 26, 2001; State Register Volume 32, Issue No. 6, eff June 27, 2008.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 32, Issue No. 6, eff June 27, 2008.
HISTORY: Added by State Register Volume 11, Issue No. 11, eff November 27, 1987.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1999; State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; SCSR 45-5 Doc. No. 4975, eff May 28, 2021.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 32, Issue No. 6, eff June 27, 2008.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 19, Issue No. 6, eff June 23, 1995; State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 12, Issue No. 10, eff October 28, 1988; State Register Volume 12, Issue No. 11, eff November 25, 1988; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 12, Issue No. 10, eff October 28, 1988; State Register Volume 12, Issue No. 11, eff November 25, 1988; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 5, Part 2, eff May 28, 1993; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 32, Issue No. 6, eff June 27, 2008.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 12, Issue No. 10, effective October 28, 1988; State Register Volume 12, Issue No. 11, eff November 25, 1988; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 5, Part 2, eff May 28, 1993.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 12, Issue No. 10, eff October 28, 1988; State Register Volume 12, Issue No. 11, eff November 25, 1988; State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 5, Part 2, eff May 28, 1993; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 32, Issue No. 6, eff June 27, 2008.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 32, Issue No. 6, eff June 27, 2008; SCSR 44-6 Doc. No. 4883, eff June 26, 2020.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Amended by State Register Volume 12, Issue No. 10, eff October 28, 1988; State Register Volume 12, Issue No. 11, eff November 25, 1988; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 12, Issue No. 10, eff October 28, 1988; State Register Volume 12, Issue No. 11, eff November 25, 1988; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 5, Part 2, eff May 28, 1993; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 20, Issue No. 5, eff. May 24, 1996; State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 28, Issue No. 6, eff June 25, 2004; SCSR 44-6 Doc. No. 4883, eff June 26, 2020; SCSR 45-5 Doc. No. 4975, eff May 28, 2021; SCSR 49-5 Doc. No. 5328, eff May 23, 2025.
HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Added by SCSR 44-6 Doc. No. 4883, eff June 26, 2020.
HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 5, Part 2, eff May 28, 1993; State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.
HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 32, Issue No. 6, eff June 27, 2008; State Register Volume 36, Issue No. 3, eff March 23, 2012; SCSR 43-5 Doc. No. 4841, eff May 24, 2019.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 32, Issue No. 6, eff June 27, 2008.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 32, Issue No. 6, eff June 27, 2008.
HISTORY: Added by State Register Volume 11, Issue No. 11, eff November 27, 1987. Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 32, Issue No. 6, eff June 27, 2008; SCSR 44-6 Doc. No. 4883, eff June 26, 2020.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987.
HISTORY: Added by State Register Volume 11, Issue No. 11, eff November 27, 1987. Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 32, Issue No. 6, eff June 27, 2008; State Register Volume 36, Issue No. 3, eff March 23, 2012; State Register Volume 36, Issue No. 9, eff September 28, 2012.
HISTORY: Added by State Register Volume 11, Issue No. 11, eff November 27, 1987. Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 32, Issue No. 6, eff June 27, 2008.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1994; SCSR 44-6 Doc. No. 4883, eff June 26, 2020.
HISTORY: Added by State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Added by State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 12, Issue No. 10, eff October 28, 1988; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Added by State Register Volume 10, Issue No. 1, eff January 24, 1986; amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 32, Issue No. 6, eff June 27, 2008.
HISTORY: Added by State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Added by State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Added by State Register Volume 10, Issue No. 1, eff January 24, 1986; amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 32, Issue No. 6, eff June 27, 2008.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Added by State Register Volume 10, Issue No. 1, eff January 24, 1986; amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 13, issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 19, Issue No. 6, eff June 23, 1995.
HISTORY: Added by State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Added by State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 12, Issue No. 10, eff October 28, 1988; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 14, State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 32, Issue No. 6, eff June 27, 2008; State Register Volume 36, Issue No. 9, eff September 28, 2012; SCSR 46-5 Doc. No. 5058, eff May 27, 2022.
HISTORY: Amended by State Register Volume 19, Issue No. 6, eff June 23, 1995.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 36, Issue No. 9, eff September 28, 2012.
HISTORY: Added by State Register Volume 10, Issue No. 1, eff January 24, 1986; amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 26, Issue No. 6, Part 1, eff June 28, 2002; State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003; State Register Volume 32, Issue No. 6, eff June 27, 2008; State Register Volume 34, Issue No. 5, eff May 28, 2010; State Register Volume 39, Issue No. 6, Doc. No. 4541, eff June 26, 2015; SCSR 46-5 Doc. No. 5058, eff May 27, 2022.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 32, Issue No. 6, eff June 27, 2008.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 32, Issue No. 6, eff June 27, 2008.
HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Added by State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003.
HISTORY: Added by State Register Volume 17, Issue No. 12, eff December 24, 1993. Amended by State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003.
HISTORY: Amended by State Register Volume 36, Issue No. 9, eff September 28, 2012; SCSR 46-5 Doc. No. 5058, eff May 27, 2022.
HISTORY: Added by State Register Volume 17, Issue No. 12, eff December 24, 1993. Amended by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997; State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000. Amended by State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003; State Register Volume 32, Issue No. 6, eff June 27, 2008.
HISTORY: Added by State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992; amended by State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992. Amended by State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 18, Issue No. 12, eff December 23, 1994; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 32, Issue No. 6, eff June 27, 2008.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992; amended by State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992. Amended by State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 18, Issue No. 12, eff December 23, 1994; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 25, Issue No. 10, eff October 26, 2001; State Register Volume 32, Issue No. 6, eff June 27, 2008.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992. Amended by State Register Volume 32, Issue No. 6, eff June 27, 2008.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Added by State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Added by State Register Volume 14, Issue No. 11, eff November 23, 1990; amended by State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 20, Issue No. 5, eff May 24, 1996; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998.
HISTORY: Added by State Register Volume 14, Issue No. 11, eff November 23, 1990; amended by State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Added by State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992; Amended by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 24, Issue No. 8, eff August 25, 2000; SCSR 43-5 Doc. No. 4841, eff May 24, 2019.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992. Amended by State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992; Amended by State Register Volume 22, Issue No. 22, Part 2, eff September 25, 1998; State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 25, Issue No. 10, eff October 26, 2001.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992; Amended by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 23, Issue No. 11, eff November 26, 1999.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992; Amended by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 28, Issue No. 6, eff June 25, 2004.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992; Amended by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 30, Issue No. 6, eff June 23, 2006; SCSR 43-5 Doc. No. 4841, eff May 24, 2019.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992; amended by State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992; Amended by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992; Amended by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992. Amended by State Register Volume 23, Issue No. 11, eff November 26, 1999.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992. Amended by State Register Volume 32, Issue No. 6, eff June 27, 2008.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992. Amended by State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 32, Issue No. 6, eff June 27, 2008.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992; Amended by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992; Amended by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 23, Issue No. 11, eff November 26, 1999.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998. Amended by State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 22, Issue No. 9, eff September 25, 1998.
HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998. Amended by State Register Volume 23, Issue No. 11, eff November 26, 1999.
HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998. Amended by State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998. Amended by State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998. Amended by State Register Volume 23, Issue No. 11, eff November 26, 1999.
HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998. Amended by State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 24, Issue No. 8, eff August 25, 2000; SCSR 43-11 Doc. No. 4882, eff November 22, 2019.
HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998. Amended by State Register Volume 23, Issue No. 11, eff November 26, 1999.
HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998.
HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998. Amended by State Register Volume 23, Issue No. 11, eff November 26, 1999.
HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998.
HISTORY: Added by State Register Volume 17, Issue No. 12, eff December 24, 1993. Amended by State Register Volume 32, Issue No. 6, eff June 27, 2008.
HISTORY: Added by State Register Volume 17, Issue No.12, eff December 24, 1993. Amended by State Register Volume 32, Issue No. 6, eff June 27, 2008; State Register Volume 36, Issue No. 3, eff March 23, 2012.
HISTORY: Added by State Register Volume 17, Issue No.12, eff December 24, 1993.
HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998.
HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998.
HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998.
HISTORY: Added by SCSR 43-11 Doc. No. 4882, eff November 22, 2019.
HISTORY: Added by SCSR 43-11 Doc. No. 4882, eff November 22, 2019.
HISTORY: Added by SCSR 43-11 Doc. No. 4882, eff November 22, 2019.
HISTORY: Added by SCSR 43-11 Doc. No. 4882, eff November 22, 2019. Amended by SCSR 46-5 Doc. No. 5058, eff May 27, 2022.
HISTORY: Added by SCSR 43-11 Doc. No. 4882, eff November 22, 2019.
HISTORY: Added by SCSR 43-11 Doc. No. 4882, eff November 22, 2019.
HISTORY: Added by SCSR 43-11 Doc. No. 4882, eff November 22, 2019.
HISTORY: Added by SCSR 43-11 Doc. No. 4882, eff November 22, 2019.
HISTORY: Amended by State Register Volume 18, Issue No. 12, eff December 23, 1994.
HISTORY:Amended by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Amended by State Register Volume 26, Issue No. 5, Part 1, eff May 24, 2002.