[Code of Federal Regulations] [Title 40, Volume 25] [Revised as of July 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR264.1] [Page 256-262] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 264_STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES--Table of Contents Subpart A_General Sec. 264.1 Purpose, scope and applicability. Subpart A_General Sec. 264.1 Purpose, scope and applicability. 264.2 [Reserved] 264.3 Relationship to interim status standards. 264.4 Imminent hazard action. Subpart B_General Facility Standards 264.10 Applicability. 264.11 Identification number. 264.12 Required notices. 264.13 General waste analysis. 264.14 Security. 264.15 General inspection requirements. 264.16 Personnel training. 264.17 General requirements for ignitable, reactive, or incompatible wastes. 264.18 Location standards. 264.19 Construction quality assurance program. Subpart C_Preparedness and Prevention 264.30 Applicability. 264.31 Design and operation of facility. 264.32 Required equipment. 264.33 Testing and maintenance of equipment. 264.34 Access to communications or alarm system. 264.35 Required aisle space. 264.36 [Reserved] 264.37 Arrangements with local authorities. Subpart D_Contingency Plan and Emergency Procedures 264.50 Applicability. 264.51 Purpose and implementation of contingency plan. 264.52 Content of contingency plan. 264.53 Copies of contingency plan. 264.54 Amendment of contingency plan. 264.55 Emergency coordinator. 264.56 Emergency procedures. Subpart E_Manifest System, Recordkeeping, and Reporting 264.70 Applicability. 264.71 Use of manifest system. 264.72 Manifest discrepancies. 264.73 Operating record. 264.74 Availability, retention, and disposition of records. 264.75 Biennial report. 264.76 Unmanifested waste report. 264.77 Additional reports. Subpart F_Releases From Solid Waste Management Units 264.90 Applicability. 264.91 Required programs. 264.92 Ground-water protection standard. 264.93 Hazardous constituents. 264.94 Concentration limits. 264.95 Point of compliance. 264.96 Compliance period. 264.97 General ground-water monitoring requirements. 264.98 Detection monitoring program. 264.99 Compliance monitoring program. 264.100 Corrective action program. 264.101 Corrective action for solid waste management units. Subpart G_Closure and Post-Closure 264.110 Applicability. 264.111 Closure performance standard. 264.112 Closure plan; amendment of plan. 264.113 Closure; time allowed for closure. 264.114 Disposal or decontamination of equipment, structures and soils. 264.115 Certification of closure. 264.116 Survey plat. 264.117 Post-closure care and use of property. 264.118 Post-closure plan; amendment of plan. 264.119 Post-closure notices. 264.120 Certification of completion of post-closure care. Subpart H_Financial Requirements 264.140 Applicability. 264.141 Definitions of terms as used in this subpart. 264.142 Cost estimate for closure. 264.143 Financial assurance for closure. 264.144 Cost estimate for post-closure care. 264.145 Financial assurance for post-closure care. 264.146 Use of a mechanism for financial assurance of both closure and post-closure care. 264.147 Liability requirements. 264.148 Incapacity of owners or operators, guarantors, or financial institutions. 264.149 Use of State-required mechanisms. 264.150 State assumption of responsibility. 264.151 Wording of the instruments. Subpart I_Use and Management of Containers 264.170 Applicability. 264.171 Condition of containers. 264.172 Compatibility of waste with containers. 264.173 Management of containers. 264.174 Inspections. 264.175 Containment. [[Page 257]] 264.176 Special requirements for ignitable or reactive waste. 264.177 Special requirements for incompatible wastes. 264.178 Closure. 264.179 Air emission standards. Subpart J_Tank Systems 264.190 Applicability. 264.191 Assessment of existing tank system's integrity. 264.192 Design and installation of new tank systems or components. 264.193 Containment and detection of releases. 264.194 General operating requirements. 264.195 Inspections. 264.196 Response to leaks or spills and disposition of leaking or unfit- for-use tank systems. 264.197 Closure and post-closure care. 264.198 Special requirements for ignitable or reactive wastes. 264.199 Special requirements for incompatible wastes. 264.200 Air emission standards. Subpart K_Surface Impoundments 264.220 Applicability. 264.221 Design and operating requirements. 264.222 Action leakage rate. 264.223 Response actions. 264.224-264.225 [Reserved] 264.226 Monitoring and inspection. 264.227 Emergency repairs; contingency plans. 264.228 Closure and post-closure care. 264.229 Special requirements for ignitable or reactive waste. 264.230 Special requirements for incompatible wastes. 264.231 Special requirements for hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27. 264.232 Air emission standards. Subpart L_Waste Piles 264.250 Applicability. 264.251 Design and operating requirements. 264.252 Action leakage rate. 254.253 Response actions. 264.254 Monitoring and inspection. 264.255 [Reserved] 264.256 Special requirements for ignitable or reactive waste. 264.257 Special requirements for incompatible wastes. 264.258 Closure and post-closure care. 264.259 Special requirements for hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27. Subpart M_Land Treatment 264.270 Applicability. 264.271 Treatment program. 264.272 Treatment demonstration. 264.273 Design and operating requirements. 264.274-264.275 [Reserved] 264.276 Food-chain crops. 264.277 [Reserved] 264.278 Unsaturated zone monitoring. 264.279 Recordkeeping. 264.280 Closure and post-closure care. 264.281 Special requirements for ignitable or reactive waste. 264.282 Special requirements for incompatible wastes. 264.283 Special requirements for hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27. Subpart N_Landfills 264.300 Applicability. 264.301 Design and operating requirements. 264.302 Action leakage rate. 264.303 Monitoring and inspection. 264.304 Response actions. 264.305-264.308 [Reserved] 264.309 Surveying and recordkeeping. 264.310 Closure and post-closure care. 264.311 [Reserved] 264.312 Special requirements for ignitable or reactive waste. 264.313 Special requirements for incompatible wastes. 264.314 Special requirements for bulk and containerized liquids. 264.315 Special requirements for containers. 264.316 Disposal of small containers of hazardous waste in overpacked drums (lab packs). 264.317 Special requirements for hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27. Subpart O_Incinerators 264.340 Applicability. 264.341 Waste analysis. 264.342 Principal organic hazardous constituents (POHCs). 264.343 Performance standards. 264.344 Hazardous waste incinerator permits. 264.345 Operating requirements. 264.346 [Reserved] 264.347 Monitoring and inspections. 264.348-264.350 [Reserved] 264.351 Closure. Subparts P-R [Reserved] Subpart S_Special Provisions for Cleanup 264.550 Applicability of Corrective Action Management Unit (CAMU) regulations. 264.551 Grandfathered Corrective Action Management Units (CAMUs). 264.552 Corrective Action Management Units (CAMU). 264.553 Temporary Units (TU). [[Page 258]] 264.554 Staging piles. 264.555 Disposal of CAMU-eligible wastes in permitted hazardous waste landfills. Subparts T-V [Reserved] Subpart W_Drip Pads 264.570 Applicability. 264.571 Assessment of existing drip pad integrity. 264.572 Design and installation of new drip pads. 264.573 Design and operating requirements. 264.574 Inspections. 264.575 Closure. Subpart X_Miscellaneous Units 264.600 Applicability. 264.601 Environmental performance standards. 264.602 Monitoring, analysis, inspection, response, reporting, and corrective action. 264.603 Post-closure care. Subparts Y-Z [Reserved] Subpart AA_Air Emission Standards for Process Vents 264.1030 Applicability. 264.1031 Definitions. 264.1032 Standards: Process vents. 264.1033 Standards: Closed-vent systems and control devices. 264.1034 Test methods and procedures. 264.1035 Recordkeeping requirements. 264.1036 Reporting requirements. 264.1037-264.1049 [Reserved] Subpart BB_Air Emission Standards for Equipment Leaks 264.1050 Applicability. 264.1051 Definitions. 264.1052 Standards: Pumps in light liquid service. 264.1053 Standards: Compressors. 264.1054 Standards: Pressure relief devices in gas/vapor service. 264.1055 Standards: Sampling connection systems. 264.1056 Standards: Open-ended valves or lines. 264.1057 Standards: Valves in gas/vapor service or in light liquid service. 264.1058 Standards: Pumps and valves in heavy liquid service, pressure relief devices in light liquid or heavy liquid service, and flanges and other connectors. 264.1059 Standards: Delay of repair. 264.1060 Standards: Closed-vent systems and control devices. 264.1061 Alternative standards for valves in gas/vapor service or in light liquid service: percentage of valves allowed to leak. 264.1062 Alternative standards for valves in gas/vapor service or in light liquid service: skip period leak detection and repair. 264.1063 Test methods and procedures. 264.1064 Recordkeeping requirements. 264.1065 Reporting requirements. 264.1066-264.1079 [Reserved] Subpart CC_Air Emission Standards for Tanks, Surface Impoundments, and Containers 264.1080 Applicability. 264.1081 Definitions. 264.1082 Standards: General. 264.1083 Waste determination procedures. 264.1084 Standards: Tanks. 264.1085 Standards: Surface impoundments. 264.1086 Standards: Containers. 264.1087 Standards: Closed-vent systems and control devices. 264.1088 Inspection and monitoring requirements. 264.1089 Recordkeeping requirements. 264.1090 Reporting requirements. 264.1091 [Reserved] Subpart DD_Containment Buildings 264.1100 Applicability. 264.1101 Design and operating standards. 264.1102 Closure and post-closure care. 264.1103-264.1110 [Reserved] Subpart EE_Hazardous Waste Munitions and Explosives Storage 264.1200 Applicability. 264.1201 Design and operating standards. 264.1202 Closure and post-closure care. Appendix I to Part 264--Recordkeeping Instructions Appendixes II-III to Part 264 [Reserved] Appendix IV to Part 264--Cochran's Approximation to the Behrens-Fisher Students' T-test Appendix V to Part 264--Examples of Potentially Incompatible Waste Appendix VI to Part 264--Political Jurisdictions in Which Compliance WithSec. 264.18(a) Must Be Demonstrated Appendixes VII-VIII to Part 264 [Reserved] Appendix IX to Part 264--Ground-Water Monitoring List Authority: 42 U.S.C. 6905, 6912(a), 6924, 6925, 6927, 6928(h), and 6974. Effective Date Note: At 70 FR 10821, Mar. 4, 2005, the authority citation for part 264 was revised, effective Sept. 6, 2005. For the convenience of the user, the revised text is set forth as follows: Authority: 42 U.S.C. 6905, 6912(a), 6924, and 6925. Source: 45 FR 33221, May 19, 1980, unless otherwise noted. [[Page 259]] (a) The purpose of this part is to establish minimum national standards which define the acceptable management of hazardous waste. (b) The standards in this part apply to owners and operators of all facilities which treat, store, or dispose of hazardous waste, except as specifically provided otherwise in this part or part 261 of this chapter. (c) The requirements of this part apply to a person disposing of hazardous waste by means of ocean disposal subject to a permit issued under the Marine Protection, Research, and Sanctuaries Act only to the extent they are included in a RCRA permit by rule granted to such a person under part 270 of this chapter. [Comment: These part 264 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.] (d) The requirements of this part apply to a person disposing of hazardous waste by means of underground injection subject to a permit issued under an Underground Injection Control (UIC) program approved or promulgated under the Safe Drinking Water Act only to the extent they are required by Sec. 144.14 of this chapter. [Comment: These part 264 regulations do apply to the above-ground treatment or storage of hazardous waste before it is injected underground.] (e) The requirements of this part apply to the owner or operator of a POTW which treats, stores, or disposes of hazardous waste only to the extent they are included in a RCRA permit by rule granted to such a person under part 270 of this chapter. (f) The requirements of this part do not apply to a person who treats, stores, or disposes of hazardous waste in a State with a RCRA hazardous waste program authorized under subpart A of part 271 of this chapter, or in a State authorized under subpart B of part 271 of this chapter for the component or components of Phase II interim authorization which correspond to the person's treatment, storage or disposal processes; except that this part will apply: (1) As stated in paragraph (d) of this section, if the authorized State RCRA program does not cover disposal of hazardous waste by means of underground injection; and (2) To a person who treats, stores or disposes of hazardous waste in a State authorized under subpart A of part 271 of this chapter, at a facility which was not covered by standards under this part when the State obtained authorization, and for which EPA promulgates standards under this part after the State is authorized. This paragraph will only apply until the State is authorized to permit such facilities under subpart A of part 271 of this chapter. (3) To a person who treats, stores, or disposes of hazardous waste in a State which is 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 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). (g) The requirements of this part do not apply to: (1) 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; (2) 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). (3) A generator accumulating waste on-site in compliance with Sec. 262.34 of this chapter; (4) A farmer disposing of waste pesticides from his own use in compliance with Sec. 262.70 of this chapter; or [[Page 260]] (5) The owner or operator of a totally enclosed treatment facility, as defined in Sec. 260.10. (6) 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. 264.17(b). (7) [Reserved] (8)(i) Except as provided in paragraph (g)(8)(ii) of this section, a person engaged in treatment or containment activities during immediate response to any of the following situations: (A) A discharge of a hazardous waste; (B) An imminent and substantial threat of a discharge of 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 (g)(8)(i) of this section and who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this part 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. (9) 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. (10) 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 absorbent material in a container, provided that these actions occur at the time waste is first placed in the container; and Sec. Sec. 264.17(b), 264.171, and 264.172 are complied with. (11) 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. (12) A New York State Utility central collection facility consolidating hazardous waste in accordance with 40 CFR 262.90. (h) The requirements of this part apply to owners or operators of all facilities which treat, store, or dispose of hazardous wastes referred to in part 268. (i) 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 [[Page 261]] to the applicable permitting, procedural, and technical standards in 40 CFR parts 260 through 270. (j) The requirements of subparts B, C, and D of this part and Sec. 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 Sec. 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: (1) Obtain an EPA identification number by applying to the Administrator using EPA Form 8700-12; (2) Obtain a detailed chemical and physical analysis of a representative sample of the hazardous remediation wastes to be managed at the site. At a minimum, the analysis must contain all of the information which must be known to treat, store or dispose of the waste according to this part and part 268 of this chapter, and must be kept accurate and up to date; (3) Prevent people who are unaware of the danger from entering, and minimize the possibility for unauthorized people or livestock to enter onto the active portion of the remediation waste management site, unless the owner or operator can demonstrate to the Director that: (i) Physical contact with the waste, structures, or equipment within the active portion of the remediation waste management site will not injure people or livestock who may enter the active portion of the remediation waste management site; and (ii) Disturbance of the waste or equipment by people or livestock who enter onto the active portion of the remediation waste management site, will not cause a violation of the requirements of this part; (4) Inspect the remediation waste management site for malfunctions, deterioration, operator errors, and discharges that may be causing, or may lead to, a release of hazardous waste constituents to the environment, or a threat to human health. The owner or operator must conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment, and must remedy the problem before it leads to a human health or environmental hazard. Where a hazard is imminent or has already occurred, the owner/ operator must take remedial action immediately; (5) Provide personnel with classroom or on-the-job training on how to perform their duties in a way that ensures the remediation waste management site complies with the requirements of this part, and on how to respond effectively to emergencies; (6) Take precautions to prevent accidental ignition or reaction of ignitable or reactive waste, and prevent threats to human health and the environment from ignitable, reactive and incompatible waste; (7) For remediation waste management sites subject to regulation under subparts I through O and subpart X of this part, the owner/ operator must design, construct, operate, and maintain a unit within a 100-year floodplain to prevent washout of any hazardous waste by a 100- year flood, unless the owner/operator can meet the demonstration of Sec. 264.18(b); (8) Not place any non-containerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine or cave; (9) Develop and maintain a construction quality assurance program for all surface impoundments, waste piles and landfill units that are required to comply with Sec. Sec. 264.221(c) and (d), 264.251(c) and (d), and 264.301(c) and (d) at the remediation waste management site, according to the requirements of Sec. 264.19; (10) Develop and maintain procedures to prevent accidents and a contingency and emergency plan to control accidents that occur. These procedures must address proper design, construction, maintenance, and operation of remediation waste management units at the site. The goal of the plan must be to minimize the possibility of, and the hazards from a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous [[Page 262]] waste constituents to air, soil, or surface water that could threaten human health or the environment. The plan must explain specifically how to treat, store and dispose of the hazardous remediation waste in question, and must be implemented immediately whenever a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment; (11) Designate at least one employee, either on the facility premises or on call (that is, available to respond to an emergency by reaching the facility quickly), to coordinate all emergency response measures. This emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan; (12) Develop, maintain and implement a plan to meet the requirements in paragraphs (j)(2) through (j)(6) and (j)(9) through (j)(10) of this section; and (13) Maintain records documenting compliance with paragraphs (j)(1) through (j)(12) of this section. [45 FR 33221, May 19, 1980, as amended at 45 FR 76075, Nov. 17, 1980; 45 FR 86968, Dec. 31, 1980; 46 FR 27480, May 20, 1981; 47 FR 8306, Feb. 25, 1982; 47 FR 32384, July 26, 1982; 48 FR 2511, Jan. 19, 1983; 48 FR 14294, Apr. 1, 1983; 50 FR 665, Jan. 4, 1985; 50 FR 28746, July 15, 1985; 52 FR 21016, June 4, 1987; 53 FR 27165, July 19, 1988; 58 FR 26424, May 3, 1993; 58 FR 29884, May 24, 1993; 59 FR 48042, Sept. 19, 1994; 60 FR 25542, May 11, 1995; 62 FR 6651, Feb. 12, 1997; 63 FR 65938, Nov. 30, 1998; 64 FR 36487, July 6, 1999; 64 FR 37638, July 12, 1999]