[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR265.1]

[Page 451-454]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS 
WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES--Table of Contents
 
                           Subpart A--General
 
Sec. 265.1  Purpose, scope, and applicability.


    (a) The purpose of this part is to establish minimum national 
standards that define the acceptable management of hazardous waste 
during the period of interim status and until certification

[[Page 452]]

of final closure or, if the facility is subject to post-closure 
requirements, until post-closure responsibilities are fulfilled.
    (b) Except as provided in Sec. 265.1080(b), the standards of this part, 
and of 40 CFR 264.552, 264.553, and 264.554, apply to owners and 
operators of facilities that treat, store or dispose of hazardous waste 
who have fully complied with the requirements for interim status under 
section 3005(e) of RCRA and Sec. 270.10 of this chapter until either a 
permit is issued under section 3005 of RCRA or until applicable part 265 
closure and post-closure responsibilities are fulfilled, and to those 
owners and operators of facilities in existence on November 19, 1980 who 
have failed to provide timely notification as required by section 
3010(a) of RCRA and/or failed to file Part A of the permit application 
as required by 40 CFR 270.10 (e) and (g). These standards apply to all 
treatment, storage and disposal of hazardous waste at these facilities 
after the effective date of these regulations, except as specifically 
provided otherwise in this part or part 261 of this chapter.

[Comment: As stated in 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 and disposal of hazardous waste is 
prohibited except in accordance with a permit. Section 3005(e) of RCRA 
provides for the continued operation of an existing facility that meets 
certain conditions, until final administrative disposition of the 
owner's and operator's permit application is made.]

    (c) The requirements of this part do not apply to:
    (1) A person disposing of hazardous waste by means of ocean disposal 
subject to a permit issued under the Marine Protection, Research, and 
Sanctuaries Act;

[Comment: These part 265 regulations do apply to the treatment or 
storage of hazardous waste before it is loaded onto an ocean vessel for 
incineration or disposal at sea, as provided in paragraph (b) of this 
section.]

    (2) [Reserved]
    (3) The owner or operator of a POTW which treats, stores, or 
disposes of hazardous waste;

[Comment: The owner or operator of a facility under paragraphs (c)(1) 
through (3) of this section is subject to the requirements of part 264 
of this chapter to the extent they are included in a permit by rule 
granted to such a person under part 122 of this chapter, or are required 
by Sec. 144.14 of this chapter.]

    (4) A person who treats, stores, or disposes of hazardous waste in a 
State with a RCRA hazardous waste program authorized under subpart A or 
B of part 271 of this chapter, except that the requirements of this part 
will continue to apply:
    (i) As stated in paragraph (c)(2) of this section, if the authorized 
State RCRA program does not cover disposal of hazardous waste by means 
of underground injection; or
    (ii) To a person who treats, stores, or disposes of hazardous waste 
in a State authorized under subpart A or B of part 271 of this chapter 
if the State has not been authorized to carry out the requirements and 
prohibitions applicable to the treatment, storage, or disposal of 
hazardous waste at his facility which are imposed pursuant to the 
Hazardous and Solid Waste Act Amendments of 1984. The requirements and 
prohibitions that are applicable until a State receives authorization to 
carry them out include all Federal program requirements identified in Sec. 
271.1(j);
    (5) The owner or operator of a facility permitted, licensed, or 
registered by a State to manage municipal or industrial solid waste, if 
the only hazardous waste the facility treats, stores, or disposes of is 
excluded from regulation under this part by Sec. 261.5 of this chapter;
    (6) The owner or operator of a facility managing recyclable 
materials described in Sec. 261.6 (a)(2), (3), and (4) of this chapter 
(except to the extent they are referred to in part 279 or subparts C, D, 
F, or G of part 266 of this chapter).
    (7) A generator accumulating waste on-site in compliance with Sec. 
262.34 of this chapter, except to the extent the requirements are 
included in Sec. 262.34 of this chapter;
    (8) A farmer disposing of waste pesticides from his own use in 
compliance with Sec. 262.70 of this chapter; or
    (9) The owner or operator of a totally enclosed treatment facility, 
as defined in Sec. 260.10.

[[Page 453]]

    (10) The owner or operator of an elementary neutralization unit or a 
wastewater treatment unit as defined in Sec. 260.10 of this chapter, 
provided that if the owner or operator is diluting hazardous ignitable 
(D001) wastes (other than the D001 High TOC Subcategory defined in Sec. 
268.40 of this chapter, Table Treatment Standards for Hazardous Wastes), 
or reactive (D003) waste, to remove the characteristic before land 
disposal, the owner/operator must comply with the requirements set out 
in Sec. 265.17(b).
    (11)(i) Except as provided in paragraph (c)(11)(ii) of this section, 
a person engaged in treatment or containment activities during immediate 
response to any of the following situations:
    (A) A discharge of a hazardous waste;
    (B) An imminent and substantial threat of a discharge of a hazardous 
waste;
    (C) A discharge of a material which, when discharged, becomes a 
hazardous waste.
    (D) An immediate threat to human health, public safety, property, or 
the environment, from the known or suspected presence of military 
munitions, other explosive material, or an explosive device, as 
determined by an explosive or munitions emergency response specialist as 
defined in 40 CFR 260.10.
    (ii) An owner or operator of a facility otherwise regulated by this 
part must comply with all applicable requirements of subparts C and D.
    (iii) Any person who is covered by paragraph (c)(11)(i) of this 
section and who continues or initiates hazardous waste treatment or 
containment activities after the immediate response is over is subject 
to all applicable requirements of this part and parts 122 through 124 of 
this chapter for those activities.
    (iv) In the case of an explosives or munitions emergency response, 
if a Federal, State, Tribal or local official acting within the scope of 
his or her official responsibilities, or an explosives or munitions 
emergency response specialist, determines that immediate removal of the 
material or waste is necessary to protect human health or the 
environment, that official or specialist may authorize the removal of 
the material or waste by transporters who do not have EPA identification 
numbers and without the preparation of a manifest. In the case of 
emergencies involving military munitions, the responding military 
emergency response specialist's organizational unit must retain records 
for three years identifying the dates of the response, the responsible 
persons responding, the type and description of material addressed, and 
its disposition.
    (12) A transporter storing manifested shipments of hazardous waste 
in containers meeting the requirements of 40 CFR 262.30 at a transfer 
facility for a period of ten days or less.
    (13) The addition of absorbent material to waste in a container (as 
defined in Sec. 260.10 of this chapter) or the addition of waste to the 
absorbent material in a container provided that these actions occur at 
the time waste is first placed in the containers; and Secs. 265.17(b), 
265.171, and 265.172 are complied with.
    (14) Universal waste handlers and universal waste transporters (as 
defined in 40 CFR 260.10) handling the wastes listed below. These 
handlers are subject to regulation under 40 CFR part 273, when handling 
the below listed universal wastes.
    (i) Batteries as described in 40 CFR 273.2;
    (ii) Pesticides as described in Sec. 273.3 of this chapter;
    (iii) Thermostats as described in Sec. 273.4 of this chapter; and
    (iv) Lamps as described in Sec. 273.5 of this chapter.
    (15) A New York State Utility central collection facility 
consolidating hazardous waste in accordance with 40 CFR 262.90.
    (d) The following hazardous wastes must not be managed at facilities 
subject to regulation under this part.
    (1) EPA Hazardous Waste Nos. FO20, FO21, FO22, FO23, FO26, or FO27 
unless:
    (i) The wastewater treatment sludge is generated in a surface 
impoundment as part of the plant's wastewater treatment system;
    (ii) The waste is stored in tanks or containers;
    (iii) The waste is stored or treated in waste piles that meet the 
requirements

[[Page 454]]

of Sec. 264.250(c) as well as all other applicable requirements of subpart 
L of this part;
    (iv) The waste is burned in incinerators that are certified pursuant 
to the standards and procedures in Sec. 265.352; or
    (v) The waste is burned in facilities that thermally treat the waste 
in a device other than an incinerator and that are certified pursuant to 
the standards and procedures in Sec. 265.383.
    (e) The requirements of this part apply to owners or operators of 
all facilities which treat, store or dispose of hazardous waste referred 
to in 40 CFR part 268, and the 40 CFR part 268 standards are considered 
material conditions or requirements of the part 265 interim status 
standards.
    (f) Section 266.205 of this chapter identifies when the requirements 
of this part apply to the storage of military munitions classified as 
solid waste under Sec. 266.202 of this chapter. The treatment and disposal 
of hazardous waste military munitions are subject to the applicable 
permitting, procedural, and technical standards in 40 CFR parts 260 
through 270.

[45 FR 33232, May 19, 1980]

    Editorial Note: For Federal Register citations affecting Sec. 265.1, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.