[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR264.73]

[Page 258-259]
 
                   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 E_Manifest System, Recordkeeping, and Reporting
 
Sec.  264.73  Operating record.

    (a) The owner or operator must keep a written operating record at 
his facility.
    (b) The following information must be recorded, as it becomes 
available, and maintained in the operating record for three years unless 
noted as follows:
    (1) A description and the quantity of each hazardous waste received, 
and the method(s) and date(s) of its treatment, storage, or disposal at 
the facility as required by appendix I of this part. This information 
must be maintained in the operating record until closure of the 
facility;
    (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 Sec.  264.119 for related requirements.]

    (3) Records and results of waste analyses and waste determinations 
performed as specified in Sec. Sec.  264.13, 264.17, 264.314, 264.341, 
264.1034, 264.1063, 264.1083, 268.4(a), and 268.7 of this chapter.
    (4) Summary reports and details of all incidents that require 
implementing the contingency plan as specified in Sec.  264.56(j);
    (5) Records and results of inspections as required by Sec.  
264.15(d) (except these data need be kept only three years);
    (6) Monitoring, testing or analytical data, and corrective action 
where required by subpart F of this part and Sec. Sec.  264.19, 264.191, 
264.193, 264.195, 264.222, 264.223, 264.226, 264.252-264.254, 264.276, 
264.278, 264.280, 264.302-264.304, 264.309, 264.602, 264.1034(c)-
264.1034(f), 264.1035, 264.1063(d)-264.1063(i), 264.1064, and 264.1082 
through 264.1090 of this part. Maintain in the operating record for 
three years, except for records and results pertaining to ground-water 
monitoring and cleanup which must be maintained in the operating record 
until closure of the facility.
    (7) For off-site facilities, notices to generators as specified in 
Sec.  264.12(b); and
    (8) All closure cost estimates under Sec.  264.142, and for disposal 
facilities, all post-closure cost estimates under Sec.  264.144 of this 
part. This information must be maintained in the operating record until 
closure of the facility.
    (9) A certification by the permittee no less often than annually, 
that the

[[Page 259]]

permittee has a program in place to reduce the volume and toxicity of 
hazardous waste that he generates to the degree determined by the 
permittee to be economically practicable; and the proposed method of 
treatment, storage or disposal is that practicable method currently 
available to the permittee which minimizes the present and future threat 
to human health and the environment.
    (10) Records of the quantities and date of placement for each 
shipment of hazardous waste placed in land disposal units under an 
extension to the effective date of any land disposal restriction granted 
pursuant to Sec.  268.5 of this chapter, a petition pursuant to Sec.  
268.6 of this chapter, or a certification under Sec.  268.8 of this 
chapter, and the applicable notice required by a generator under Sec.  
268.7(a) of this chapter. This information must be maintained in the 
operating record until closure of the facility.
    (11) For an off-site treatment facility, a copy of the notice, and 
the certification and demonstration, if applicable, required by the 
generator or the owner or operator under Sec.  268.7 or Sec.  268.8;
    (12) For an on-site treatment facility, the information contained in 
the notice (except the manifest number), and the certification and 
demonstration if applicable, required by the generator or the owner or 
operator under Sec.  268.7 or Sec.  268.8;
    (13) For an off-site land disposal facility, a copy of the notice, 
and the certification and demonstration if applicable, required by the 
generator or the owner or operator of a treatment facility under 
Sec. Sec.  268.7 and 268.8, whichever is applicable; and
    (14) For an on-site land disposal facility, the information 
contained in the notice required by the generator or owner or operator 
of a treatment facility under Sec.  268.7, except for the manifest 
number, and the certification and demonstration if applicable, required 
under Sec.  268.8, whichever is applicable.
    (15) For an off-site storage facility, a copy of the notice, and the 
certification and demonstration if applicable, required by the generator 
or the owner or operator under Sec.  268.7 or Sec.  268.8; and
    (16) For an on-site storage facility, the information contained in 
the notice (except the manifest number), and the certification and 
demonstration if applicable, required by the generator or the owner or 
operator under Sec.  268.7 or Sec.  268.8.
    (17) Any records required under Sec.  264.1(j)(13).
    (18) Monitoring, testing or analytical data where required by Sec.  
264.347 must be maintained in the operating record for five years.
    (19) Certifications as required by Sec.  264.196(f) must be 
maintained in the operating record until closure of the facility.

[45 FR 33221, May 19, 1980, as amended at 46 FR 2849, Jan. 12, 1981; 46 
FR 7678, Jan. 23, 1981; 50 FR 4514, Jan. 31, 1985; 50 FR 18374, Apr. 30, 
1985; 50 FR 28746, July 15, 1985; 51 FR 40637, Nov. 7, 1986; 52 FR 
21016, June 4, 1987; 53 FR 31211, Aug. 17, 1988; 54 FR 26647, June 23, 
1989; 55 FR 25494, June 21, 1990; 57 FR 3487, Jan. 29, 1992; 59 FR 
62926, Dec. 6, 1994; 62 FR 64656, Dec. 8, 1997; 63 FR 65938, Nov. 30, 
1998; 71 FR 16903, Apr. 4, 2006]