40 C.F.R. PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
Title 40 - Protection of Environment
Authority: 42 U.S.C. 6905, 6912(a), 6924, and 6925.
Source: 45 FR 33221, May 19, 1980, unless otherwise noted.
(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 §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 §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 §261.5 of this chapter; (2) The owner or operator of a facility managing recyclable materials described in §261.6 (a)(2), (3), and (4) of this chapter (except to the extent they are referred to in part 279 or subparts C, F, G, or H of part 266 of this chapter). (3) A generator accumulating waste on-site in compliance with §262.34 of this chapter; (4) A farmer disposing of waste pesticides from his own use in compliance with §262.70 of this chapter; or (5) The owner or operator of a totally enclosed treatment facility, as defined in §260.10. (6) The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in §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 §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 §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 §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 §§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 §273.3 of this chapter; (iii) Mercury-containing equipment as described in §273.4 of this chapter; and (iv) Lamps as described in §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 §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. (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: (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 §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 §§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 §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 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; 70 FR 45520, Aug. 5, 2005; 71 FR 40272, July 14, 2006] A facility owner or operator who has fully complied with the requirements for interim status—as defined in section 3005(e) of RCRA and regulations under §270.70 of this chapter—must comply with the regulations specified in part 265 of this chapter in lieu of the regulations in this part, until final administrative disposition of his permit application is made, except as provided under 40 CFR part 264 subpart S.
[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, or 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 which meets certain conditions until final administrative disposition of the owner's or operator's permit application is made.] [45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 58 FR 8683, Feb. 16, 1993] Notwithstanding any other provisions of these regulations, enforcement actions may be brought pursuant to section 7003 of RCRA. [45 FR 33221, May 19, 1980, as amended at 71 FR 40272, July 14, 2006] (a) The regulations in this subpart apply to owners and operators of all hazardous waste facilities, except as provided in §264.1 and in paragraph (b) of this section. (b) Section 264.18(b) applies only to facilities subject to regulation under subparts I through O and subpart X of this part. [46 FR 2848, Jan. 12, 1981, as amended at 52 FR 46963, Dec. 10, 1987] Every facility owner or operator must apply to EPA for an EPA identification number in accordance with the EPA notification procedures (45 FR 12746). [45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985] (a)(1) The owner or operator of a facility that has arranged to receive hazardous waste from a foreign source must notify the Regional Administrator in writing at least four weeks in advance of the date the waste is expected to arrive at the facility. Notice of subsequent shipments of the same waste from the same foreign source is not required. (2) The owner or operator of a recovery facility that has arranged to receive hazardous waste subject to 40 CFR part 262, subpart H must provide a copy of the tracking document bearing all required signatures to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; and to the competent authorities of all other concerned countries within three working days of receipt of the shipment. The original of the signed tracking document must be maintained at the facility for at least three years. (b) The owner or operator of a facility that receives hazardous waste from an off-site source (except where the owner or operator is also the generator) must inform the generator in writing that he has the appropriate permit(s) for, and will accept, the waste the generator is shipping. The owner or operator must keep a copy of this written notice as part of the operating record. (c) Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the post-closure care period, the owner or operator must notify the new owner or operator in writing of the requirements of this part and part 270 of this chapter.
[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.] [45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 50 FR 4514, Jan. 31, 1985; 61 FR 16315, Apr. 12, 1996] (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 this part and part 268 of this chapter. (2) The analysis may include data developed under part 261 of this chapter, and existing published or documented data on the hazardous waste or on hazardous waste generated from similar processes.
[1: 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) of this section. The owner or operator of an off-site facility may arrange for the generator of the hazardous waste to supply part of the information required by paragraph (a)(1) of this section, except as otherwise specified in 40 CFR 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: (i) When the owner or operator is notified, or has reason to believe, that the process or operation generating the hazardous wastes, or non-hazardous wastes if applicable under §264.113(d), has changed; and (ii) For off-site facilities, when the results of the inspection required in paragraph (a)(4) of this section indicate that the hazardous waste received at the facility does not match the waste designated on the accompanying manifest or shipping paper. (4) The owner or operator of an off-site facility must inspect and, if necessary, analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper. (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) of this section. He must keep this plan at the facility. At a minimum, the plan must specify: (1) The parameters for which each hazardous waste, or non-hazardous waste if applicable under §264.113(d), will be analyzed and the rationale for the selection of these parameters (i.e., how analysis for these parameters will provide sufficient information on the waste's properties to comply with paragraph (a) of this section); (2) The test methods which will be used to test for these parameters; (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: (i) One of the sampling methods described in appendix I of part 261 of this chapter; or (ii) An equivalent sampling method.
[Comment: See §260.21 of this chapter for related discussion.] (4) The frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up to date; and (5) For off-site facilities, the waste analyses that hazardous waste generators have agreed to supply. (6) Where applicable, the methods that will be used to meet the additional waste analysis requirements for specific waste management methods as specified in §§264.17, 264.314, 264.341, 264.1034(d), 264.1063(d), 264.1083, and 268.7 of this chapter. (7) For surface impoundments exempted from land disposal restrictions under §268.4(a), the procedures and schedules for: (i) The sampling of impoundment contents; (ii) The analysis of test data; and, (iii) The annual removal of residues which are not delisted under §260.22 of this chapter or which exhibit a characteristic of hazardous waste and either: (A) Do not meet applicable treatment standards of part 268, subpart D; or (B) Where no treatment standards have been established: (1) Such residues are prohibited from land disposal under §268.32 or RCRA section 3004(d); or (2) Such residues are prohibited from land disposal under §268.33(f). (8) For owners and operators seeking an exemption to the air emission standards of subpart CC in accordance with §264.1082— (i) If direct measurement is used for the waste determination, the procedures and schedules for waste sampling and analysis, and the results of the analysis of test data to verify the exemption. (ii) If knowledge of the waste is used for the waste determination, any information prepared by the facility owner or operator or by the generator of the hazardous waste, if the waste is received from off-site, that is used as the basis for knowledge of the waste. (c) For off-site facilities, the waste analysis plan required in paragraph (b) of this section must also specify the procedures which will be used to in-spect 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: (1) The procedures which will be used to determine the identity of each movement of waste managed at the facility; and (2) The sampling method which will be used to obtain a representative sample of the waste to be identified, if the identification method includes sampling. (3) The procedures that the owner or operator of an off-site 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: Part 270 of this chapter requires that the waste analysis plan be submitted with part B of the permit application.] [45 FR 33221, May 19, 1980, as amended at 46 FR 2848, Jan. 12, 1981; 50 FR 4514, Jan. 31, 1985; 51 FR 40637, Nov. 7, 1986; 53 FR 31211, Aug. 17, 1988; 54 FR 33394, Aug. 14, 1989; 55 FR 22685, June 1, 1990; 55 FR 25494, June 21, 1990; 57 FR 8088, Mar. 6, 1992; 57 FR 54460, Nov. 18, 1992; 59 FR 62926, Dec. 6, 1994; 61 FR 4911, Feb. 9, 1996; 71 FR 40272, July 14, 2006] (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 Regional Administrator that: (1) Physical contact with the waste, structures, or equipment within the active portion of the facility will not injure unknowing or unauthorized persons or livestock which may enter the active portion of a facility; and (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: 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.] (b) Unless the owner or operator has made a successful demonstration under paragraphs (a) (1) and (2) of this section, 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 (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 (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) of this section 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) of this section.] (c) Unless the owner or operator has made a successful demonstration under paragraphs (a) (1) and (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 (e.g., facilities in counties bordering the Canadian province of Quebec must post signs in French; facilities in counties bordering Mexico must post signs in Spanish), 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 post-closure care period.] [45 FR 33221, May 19, 1980, as amended at 46 FR 2848, Jan. 12, 1981; 48 FR 14294, Apr. 1, 1983; 50 FR 4514, Jan. 31, 1985] (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. (2) He must keep this schedule at the facility. (3) The schedule must identify the types of problems (e.g., malfunctions or deterioration) which are to be looked for during the inspection (e.g., inoperative sump pump, leaking fitting, eroding dike, etc.). (4) The frequency of inspection may vary for the items on the schedule. However, the frequency should be based on the rate of deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, malfunction, or operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, must be inspected daily when in use, except for Performance Track member facilities, that must inspect at least once each month, upon approval by the Director, as described in paragraph (b)(5) of this section. At a minimum, the inspection schedule must include the items and frequencies called for in §§264.174, 264.193, 264.195, 264.226, 264.254, 264.278, 264.303, 264.347, 264.602, 264.1033, 264.1052, 264.1053, 264.1058, and 264.1083 through 264.1089 of this part, where applicable.
[Comment: Part 270 of this chapter requires the inspection schedule to be submitted with part B of the permit application. EPA will evaluate the schedule along with the rest of the application to ensure that it adequately protects human health and the environment. As part of this review, EPA may modify or amend the schedule as may be necessary.] (5) Performance Track member facilities that choose to reduce their inspection frequency must: (i) Submit a request for a Class I permit modification with prior approval to the Director. The modification request must identify the facility as a member of the National Environmental Performance Track Program and identify the management units for reduced inspections and the proposed frequency of inspections. The modification request must also specify, in writing, that the reduced inspection frequency will apply for as long as the facility is a Performance Track member facility, and that within seven calendar days of ceasing to be a Performance Track member, the facility will revert to the non-Performance Track inspection frequency. Inspections must be conducted at least once each month. (ii) Within 60 days, the Director will notify the Performance Track member facility, in writing, if the request is approved, denied, or if an extension to the 60-day deadline is needed. This notice must be placed in the facility's operating record. The Performance Track member facility should consider the application approved if the Director does not: deny the application; or notify the Performance Track member facility of an extension to the 60-day deadline. In these situations, the Performance Track member facility must adhere to the revised inspection schedule outlined in its request for a Class 1 permit modification and keep a copy of the application in the facility's operating record. (iii) Any Performance Track member facility that discontinues their membership or is terminated from the program must immediately notify the Director of their change in status. The facility must place in its operating record a dated copy of this notification and revert back to the non-Performance Track inspection frequencies within seven calendar days. (c) The owner or operator must remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action must be taken immediately. (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. [45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 50 FR 4514, Jan. 31, 1985; 57 FR 3486, Jan. 29, 1992; 59 FR 62926, Dec. 6, 1994; 62 FR 64656, Dec. 8, 1997; 71 FR 16903, Apr. 4, 2006] (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) of this section.
[Comment: Part 270 of this chapter requires that owners and operators submit with part B of the RCRA 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.] (2) This program must be directed by a person trained in hazardous waste management procedures, and must include instruction which teaches facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed. (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: (i) Procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment; (ii) Key parameters for automatic waste feed cut-off systems; (iii) Communications or alarm systems; (iv) Response to fires or explosions; (v) Response to ground-water contamination incidents; and (vi) Shutdown of operations. (4) For facility employees that receive emergency response training pursuant to Occupational Safety and Health Administration (OSHA) regulations 29 CFR 1910.120(p)(8) and 1910.120(q), the facility is not required to provide separate emergency response training pursuant to this section, provided that the overall facility training meets all the requirements of this section. (b) Facility personnel must successfully complete the program required in paragraph (a) of this section within six months after the effective date of these regulations or six months after the date of their employment or assignment to a facility, or to a new position at a facility, whichever is later. Employees hired after the effective date of these regulations must not work in unsupervised positions until they have completed the training requirements of paragraph (a) of this section. (c) Facility personnel must take part in an annual review of the initial training required in paragraph (a) of this section. (d) The owner or operator must maintain the following documents and records at the facility: (1) The job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job; (2) A written job description for each position listed under paragraph (d)(1) of this section. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but must include the requisite skill, education, or other qualifications, and duties of employees assigned to each position; (3) A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under paragraph (d)(1) of this section; (4) Records that document that the training or job experience required under paragraphs (a), (b), and (c) of this section has been given to, and completed by, facility personnel. (e) Training records on current personnel must be kept until closure of the facility; training records on former employees must be kept for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company. [45 FR 33221, May 19, 1980, as amended at 46 FR 2848, Jan. 12, 1981; 48 FR 14294, Apr. 1, 1983; 50 FR 4514, Jan. 31, 1985; 71 FR 16903, Apr. 4, 2006] (a) The owner or operator must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste must be separated and protected from sources of ignition or reaction including but not limited to: open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (e.g., from heat-producing chemical reactions), and radiant heat. While ignitable or reactive waste is being handled, the owner or operator must confine smoking and open flame to specially designated locations. “No Smoking” signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste. (b) Where specifically required by other sections of this part, 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: (1) Generate extreme heat or pressure, fire or explosions, or violent reactions; (2) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health or the environment; (3) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions; (4) Damage the structural integrity of the device or facility; (5) Through other like means threaten human health or the environment. (c) When required to comply with paragraph (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 analyses (as specified in §264.13), or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions. [46 FR 2848, Jan. 12, 1981, as amended at 50 FR 4514, Jan. 31, 1985; 71 FR 40272, July 14, 2006] (a) Seismic considerations. (1) Portions of new facilities where treatment, storage, or disposal of hazardous waste will be conducted must not be located within 61 meters (200 feet) of a fault which has had displacement in Holocene time. (2) As used in paragraph (a)(1) of this section: (i) “Fault” means a fracture along which rocks on one side have been displaced with respect to those on the other side. (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: Procedures for demonstrating compliance with this standard in part B of the permit application are specified in §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.] (b) Floodplains. (1) A facility located in a 100-year floodplain must be designed, constructed, operated, and maintained to prevent washout or any hazardous waste by a 100-year flood, unless the owner or operator can demonstrate to the Regional Administrator's satisfaction that: (i) Procedures are in effect which will cause the waste to be removed safely, before flood waters can reach the facility, to a location where the wastes will not be vulnerable to flood waters; or (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: (A) The volume and physical and chemical characteristics of the waste in the facility; (B) The concentration of hazardous constituents that would potentially affect surface waters as a result of washout; (C) The impact of such concentrations on the current or potential uses of and water quality standards established for the affected surface waters; and (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 by EPA under part 270 of this chapter, authorized to manage hazardous waste by a State with a hazardous waste management program authorized under part 271 of this chapter, or in interim status under parts 270 and 265 of this chapter.] (2) As used in paragraph (b)(1) of this section: (i) “100-year floodplain” means any land area which is subject to a one percent or greater chance of flooding in any given year from any source. (ii) “Washout” means the movement of hazardous waste from the active portion of the facility as a result of flooding. (iii) “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 Federal laws which affect the location and permitting of facilities are found in §270.3 of this chapter. For details relative to these laws, see EPA's manual for SEA (special environmental area) requirements for hazardous waste facility permits. Though EPA is responsible for complying with these requirements, applicants are advised to consider them in planning the location of a facility to help prevent subsequent project delays.] (c) Salt dome formations, salt bed formations, underground mines and caves. The placement of any noncontainerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine or cave is prohibited, except for the Department of Energy Waste Isolation Pilot Project in New Mexico. [46 FR 2848, Jan. 12, 1981, as amended at 47 FR 32350, July 26, 1982; 48 FR 14294, Apr. 1, 1983; 48 FR 30115, June 30, 1983; 50 FR 4514, Jan. 31, 1985; 50 FR 28746, July 15, 1985; 52 FR 46963, Dec. 10, 1987; 71 FR 40272, July 14, 2006] (a) CQA program. (1) A construction quality assurance (CQA) program is required for all surface impoundment, waste pile, and landfill units that are required to comply with §§264.221 (c) and (d), 264.251 (c) and (d), and 264.301 (c) and (d). The program must ensure that the constructed unit meets or exceeds all design criteria and specifications in the permit. The program must be developed and implemented under the direction of a CQA officer who is a registered professional engineer. (2) The CQA program must address the following physical components, where applicable: (i) Foundations; (ii) Dikes; (iii) Low-permeability soil liners; (iv) Geomembranes (flexible membrane liners); (v) Leachate collection and removal systems and leak detection systems; and (vi) Final cover systems. (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: (1) Identification of applicable units, and a description of how they will be constructed. (2) Identification of key personnel in the development and implementation of the CQA plan, and CQA officer qualifications. (3) A description of inspection and sampling activities for all unit components identified in paragraph (a)(2) of this section, including observations and tests that will be used before, during, and after construction to ensure that the construction materials and the installed unit components meet the design specifications. The description must cover: Sampling size and locations; frequency of testing; data evaluation procedures; acceptance and rejection criteria for construction materials; plans for implementing corrective measures; and data or other information to be recorded and retained in the operating record under §264.73. (c) Contents of program. (1) The CQA program must include observations, inspections, tests, and measurements sufficient to ensure: (i) Structural stability and integrity of all components of the unit identified in paragraph (a)(2) of this section; (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. (2) The CQA program shall include test fills for compacted soil liners, using the same compaction methods as in the full scale unit, to ensure that the liners are constructed to meet the hydraulic conductivity requirements of §§264.221(c)(1)(i)(B), 264.251(c)(1)(i)(B), and 264.301(c)(1)(i)(B) in the field. Compliance with the hydraulic conductivity requirements must be verified by using in-situ testing on the constructed test fill. The Regional Administrator may accept an alternative demonstration, in lieu of a test fill, where data are sufficient to show that a constructed soil liner will meet the hydraulic conductivity requirements of §§264.221(c)(1)(i)(B), 264.251(c)(1)(i)(B), and 264.301(c)(1)(i)(B) in the field. (d) Certification. Waste shall not be received in a unit subject to §264.19 until the owner or operator has submitted to the Regional Administrator 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 officer's certification must be furnished to the Regional Administrator upon request. [57 FR 3486, Jan. 29, 1992] The regulations in this subpart apply to owners and operators of all hazardous waste facilities, except as §264.1 provides otherwise. 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. All facilities must be equipped with the following, unless it can be demonstrated to the Regional Administrator that none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below: (a) An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel; (b) A device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams; (c) Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and (d) Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.
[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.] [45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983] 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. (a) Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless the Regional Administrator has ruled that such a device is not required under §264.32. (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 Regional Administrator has ruled that such a device is not required under §264.32. 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 Regional Administrator 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.] [45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983] (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: (1) Arrangements to familiarize police, fire departments, and emergency response teams with the layout of the facility, properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to and roads inside the facility, and possible evacuation routes; (2) Where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority; (3) Agreements with State emergency response teams, emergency response contractors, and equipment suppliers; and (4) Arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the facility. (b) Where State or local authorities decline to enter into such arrangements, the owner or operator must document the refusal in the operating record. The regulations in this subpart apply to owners and operators of all hazardous waste facilities, except as §264.1 provides otherwise. (a) Each owner or operator must have a contingency plan for his facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water. (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. [45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985] (a) The contingency plan must describe the actions facility personnel must take to comply with §§264.51 and 264.56 in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water at the facility. (b) If the owner or operator has already prepared a Spill Prevention, Control, and Countermeasures (SPCC) Plan in accordance with part 112 of this chapter, or part 1510 of chapter V, or some other emergency or contingency plan, he need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of this part. The owner or operator may develop one contingency plan which meets all regulatory requirements. EPA recommends that the plan be based on the National Response Team's Integrated Contingency Plan Guidance (“One Plan”). When modifications are made to non-RCRA provisions in an integrated contingency plan, the changes do not trigger the need for a RCRA permit modification. (c) The plan must describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services, pursuant to §264.37. (d) The plan must list names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see §264.55), and this list must be kept up to date. Where more than one person is listed, one must be named as primary emergency coordinator and others must be listed in the order in which they will assume responsibility as alternates. For new facilities, this information must be supplied to the Regional Administrator at the time of certification, rather than at the time of permit application. (e) The plan must include a list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. This list must be kept up to date. In addition, the plan must include the location and a physical description of each item on the list, and a brief outline of its capabilities. (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). [45 FR 33221, May 19, 1980, as amended at 46 FR 27480, May 20, 1981; 50 FR 4514, Jan. 31, 1985; 71 FR 16903, Apr. 4, 2006] A copy of the contingency plan and all revisions to the plan must be: (a) Maintained at the facility; and (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 Regional Administrator with Part B of the permit application under part 270, of this chapter and, after modification or approval, will become a condition of any permit issued.] [45 FR 33221, May 19, 1980, as amended at 48 FR 30115, June 30, 1983; 50 FR 4514, Jan. 31, 1985] The contingency plan must be reviewed, and immediately amended, if necessary, whenever: (a) The facility permit is revised; (b) The plan fails in an emergency; (c) The facility changes—in its design, construction, operation, maintenance, or other circumstances—in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency; (d) The list of emergency coordinators changes; or (e) The list of emergency equipment changes. [45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 53 FR 37935, Sept. 28, 1988] 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.] (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: (1) Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and (2) Notify appropriate State or local agencies with designated response roles if their help is needed. (b) Whenever there is a release, fire, or explosion, the emergency coordinator must immediately identify the character, exact source, amount, and areal extent of any released materials. He may do this by observation or review of facility records or manifests, and, if necessary, by chemical analysis. (c) Concurrently, the emergency coordinator must assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment must consider both direct and indirect effects of the release, fire, or explosion (e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-off from water or chemical agents used to control fire and heat-induced explosions). (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: (1) If his assessment indicates that evacuation of local areas may be advisable, he must immediately notify appropriate local authorities. He must be available to help appropriate officials decide whether local areas should be evacuated; and (2) He must immediately notify either the government official designated as the on-scene coordinator for that geographical area, (in the applicable regional contingency plan under part 1510 of this title) or the National Response Center (using their 24-hour toll free number 800/424–8802). The report must include: (i) Name and telephone number of reporter; (ii) Name and address of facility; (iii) Time and type of incident (e.g., release, fire); (iv) Name and quantity of material(s) involved, to the extent known; (v) The extent of injuries, if any; and (vi) The possible hazards to human health, or the environment, outside the facility. (e) During an emergency, the emergency coordinator must take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous waste at the facility. These measures must include, where applicable, stopping processes and operations, collecting and containing release waste, and removing or isolating containers. (f) If the facility stops operations in response to a fire, explosion, or release, the emergency coordinator must monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate. (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 §261.3(c) or (d) of this chapter, 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 parts 262, 263, and 264 of this chapter.] (h) The emergency coordinator must ensure that, in the affected area(s) of the facility: (1) No waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed; and (2) All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed. (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 Regional Administrator. The report must include: (1) Name, address, and telephone number of the owner or operator; (2) Name, address, and telephone number of the facility; (3) Date, time, and type of incident (e.g., fire, explosion); (4) Name and quantity of material(s) involved; (5) The extent of injuries, if any; (6) An assessment of actual or potential hazards to human health or the environment, where this is applicable; and (7) Estimated quantity and disposition of recovered material that resulted from the incident. [45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 71 FR 16903, Apr. 4, 2006] (a) The regulations in this subpart apply to owners and operators of both on-site and off-site facilities, except as §264.1 provides otherwise. Sections 264.71, 264.72, and 264.76 do not apply to owners and operators of on-site facilities that do not receive any hazardous waste from off-site sources, nor to owners and operators of off-site facilities with respect to waste military munitions exempted from manifest requirements under 40 CFR 266.203(a). Section 264.73(b) only applies to permittees who treat, store, or dispose of hazardous wastes on-site where such wastes were generated. (b) The revised Manifest form and procedures in 40 CFR 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 40 CFR 260.10, 261.7, 264.70, 264.71. 264.72, and 264.76, contained in the 40 CFR, parts 260 to 265, edition revised as of July 1, 2004, shall be applicable until September 5, 2006. [70 FR 10821, Mar. 4, 2005] (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. (2) If a facility receives a hazardous waste shipment accompanied by a manifest, the owner, operator or his agent must: (i) Sign and date, by hand, each copy of the manifest; (ii) Note any discrepancies (as defined in §264.72(a)) on each copy of the manifest; (iii) Immediately give the transporter at least one copy of the manifest; (iv) Within 30 days of delivery, send a copy of the manifest to the generator; and (v) Retain at the facility a copy of each manifest for at least three years from the date of delivery. (3) If a facility receives hazardous waste imported from a foreign source, the receiving facility must mail a copy of the manifest to the following address within 30 days of delivery: International Compliance Assurance Division, OFA/OECA (2254A), U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. (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: (1) Sign and date each copy of the manifest or shipping paper (if the manifest has not been received) to certify that the hazardous waste covered by the manifest or shipping paper was received; (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 Agency 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.] (3) Immediately give the rail or water (bulk shipment) transporter at least one copy of the manifest or shipping paper (if the manifest has not been received); (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).] (5) Retain at the facility a copy of the manifest and shipping paper (if signed in lieu of the manifest at the time of delivery) for at least three years from the date of delivery. (c) Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility must comply with the requirements of part 262 of this chapter.
[Comment: The provisions of §262.34 are applicable to the on-site accumulation of hazardous wastes by generators. Therefore, the provisions of §262.34 only apply to owners or operators who are shipping hazardous waste which they generated at that facility.] (d) Within three working days of the receipt of a shipment subject to 40 CFR part 262, subpart H, the owner or operator of the facility must provide a copy of the tracking document bearing all required signatures to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and to competent authorities of all other concerned countries. The original copy of the tracking document must be maintained at the facility for at least three years from the date of signature. (e) A facility must determine whether the consignment state for a shipment regulates any additional wastes (beyond those regulated Federally) as hazardous wastes under its state hazardous waste program. Facilities must also determine whether the consignment state or generator state requires the facility to submit any copies of the manifest to these states. [45 FR 33221, May 19, 1980, as amended at 45 FR 86970, 86974, Dec. 31, 1980; 61 FR 16315, Apr. 12, 1996; 70 FR 10821, Mar. 4, 2005] (a) Manifest discrepancies are: (1) Significant differences (as defined by paragraph (b) of this section) between the quantity or type of hazardous waste designated on the manifest or shipping paper, and the quantity and type of hazardous waste a facility actually receives; (2) Rejected wastes, which may be a full or partial shipment of hazardous waste that the TSDF cannot accept; or (3) Container residues, which are residues that exceed the quantity limits for “empty” containers set forth in 40 CFR 261.7(b). (b) Significant differences in quantity are: For bulk waste, variations greater than 10 percent in weight; for batch waste, any variation in piece count, such as a discrepancy of one drum in a truckload. Significant differences in type are obvious differences which can be discovered by inspection or waste analysis, such as waste solvent substituted for waste acid, or toxic constituents not reported on the manifest or shipping paper. (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 15 days after receiving the waste, the owner or operator must immediately submit to the Regional Administrator 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 40 CFR 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 or the container residue identification. (2) While the facility is making arrangements for forwarding rejected wastes or residues to another facility under this section, it must ensure that either the delivering transporter retains custody of the waste, or, the facility must provide for secure, temporary custody of the waste, pending delivery of the waste to the first transporter designated on the manifest prepared under paragraph (e) or (f) of this section. (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: (1) Write the generator's U.S. EPA ID number in Item 1 of the new manifest. Write the generator's name and mailing address in Item 5 of the new manifest. If the mailing address is different from the generator's site address, then write the generator's site address in the designated space for Item 5. (2) Write the name of the alternate designated facility and the facility's U.S. EPA ID number in the designated facility block (Item 8) of the new manifest. (3) Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional Information Block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment. (4) Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in the Discrepancy Block of the old manifest (Item 18a). (5) Write the DOT description for the rejected load or the residue in Item 9 (U.S. DOT Description) of the new manifest and write the container types, quantity, and volume(s) of waste. (6) Sign the Generator's/Offeror's Certification to certify, as the offeror of the shipment, that the waste has been properly packaged, marked and labeled and is in proper condition for transportation. (7) For full load rejections that are made while the transporter remains present at the facility, the facility may forward the rejected shipment to the alternate facility by completing Item 18b of the original manifest and supplying the information on the next destination facility in the Alternate Facility space. The facility must retain a copy of this manifest for its records, and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility must use a new manifest and comply with paragraphs (e)(1), (2), (3), (4), (5), and (6) of this section. (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: (1) Write the facility's U.S. EPA ID number in Item 1 of the new manifest. Write the generator's name and mailing address in Item 5 of the new manifest. If the mailing address is different from the generator's site address, then write the generator's site address in the designated space for Item 5. (2) Write the name of the initial generator and the generator's U.S. EPA ID number in the designated facility block (Item 8) of the new manifest. (3) Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional Information Block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment. (4) Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in the Discrepancy Block of the old manifest (Item 18a). (5) Write the DOT description for the rejected load or the residue in Item 9 (U.S. DOT Description) of the new manifest and write the container types, quantity, and volume(s) of waste. (6) Sign the Generator's/Offeror's Certification to certify, as offeror of the shipment, that the waste has been properly packaged, marked and labeled and is in proper condition for transportation. (7) For full load rejections that are made while the transporter remains at the facility, the facility may return the shipment to the generator with the original manifest by completing Item 18a and 18b of the manifest and supplying the generator's information in the Alternate Facility space. The facility must retain a copy for its records and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility must use a new manifest and comply with paragraphs (f)(1), (2), (3), (4), (5), and (6) of this section. (g) If a facility rejects a waste or identifies a container residue that exceeds the quantity limits for “empty” containers set forth in 40 CFR 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. [70 FR 10822, Mar. 4, 2005, as amended at 70 FR 35041, June 16, 2005] (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 §264.119 for related requirements.] (3) Records and results of waste analyses and waste determinations performed as specified in §§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 §264.56(j); (5) Records and results of inspections as required by §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 §§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 §264.12(b); and (8) All closure cost estimates under §264.142, and for disposal facilities, all post-closure cost estimates under §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 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 §268.5 of this chapter, a petition pursuant to §268.6 of this chapter, or a certification under §268.8 of this chapter, and the applicable notice required by a generator under §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 §268.7 or §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 §268.7 or §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 §§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 §268.7, except for the manifest number, and the certification and demonstration if applicable, required under §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 §268.7 or §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 §268.7 or §268.8. (17) Any records required under §264.1(j)(13). (18) Monitoring, testing or analytical data where required by §264.347 must be maintained in the operating record for five years. (19) Certifications as required by §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] (a) All records, including plans, required under this part must be furnished upon request, and made available at all reasonable times for inspection, by any officer, employee, or representative of EPA who is duly designated by the Administrator. (b) The retention period for all records required under this part is extended automatically during the course of any unresolved enforcement action regarding the facility or as requested by the Administrator. (c) A copy of records of waste disposal locations and quantities under §264.73(b)(2) must be submitted to the Regional Administrator and local
Title 40: Protection of Environment
PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
Section Contents
§ 264.1 Purpose, scope and applicability.
§ 264.2 [Reserved]
§ 264.3 Relationship to interim status standards.
§ 264.4 Imminent hazard action.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 264.176 Special requirements for ignitable or reactive waste.
§ 264.177 Special requirements for incompatible wastes.
§ 264.178 Closure.
§ 264.179 Air emission standards.
§ 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.
§ 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.
§ 264.250 Applicability.
§ 264.251 Design and operating requirements.
§ 264.252 Action leakage rate.
§ 264.253 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.
§ 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.
§ 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.
§ 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.
§ 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).
§ 264.554 Staging piles.
§ 264.555 Disposal of CAMU-eligible wastes in permitted hazardous waste landfills.
§ 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.
§ 264.600 Applicability.
§ 264.601 Environmental performance standards.
§ 264.602 Monitoring, analysis, inspection, response, reporting, and corrective action.
§ 264.603 Post-closure care.
§ 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]
§ 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]
§ 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]
§ 264.1100 Applicability.
§ 264.1101 Design and operating standards.
§ 264.1102 Closure and post-closure care.
§§ 264.1103-264.1110 [Reserved]
§ 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 Jurisdictions1 in Which Compliance With §264.18(a) Must Be Demonstrated
Appendixes VII–VIII to Part 264 [Reserved]
Appendix IX to Part 264—Ground-Water Monitoring List
Subpart A—General
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§ 264.1 Purpose, scope and applicability.
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§ 264.2 [Reserved]
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§ 264.3 Relationship to interim status standards.
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§ 264.4 Imminent hazard action.
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Subpart B—General Facility Standards
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§ 264.10 Applicability.
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§ 264.11 Identification number.
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§ 264.12 Required notices.
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§ 264.13 General waste analysis.
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§ 264.14 Security.
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§ 264.15 General inspection requirements.
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§ 264.16 Personnel training.
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§ 264.17 General requirements for ignitable, reactive, or incompatible wastes.
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§ 264.18 Location standards.
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§ 264.19 Construction quality assurance program.
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Subpart C—Preparedness and Prevention
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§ 264.30 Applicability.
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§ 264.31 Design and operation of facility.
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§ 264.32 Required equipment.
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§ 264.33 Testing and maintenance of equipment.
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§ 264.34 Access to communications or alarm system.
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§ 264.35 Required aisle space.
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§ 264.36 [Reserved]
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§ 264.37 Arrangements with local authorities.
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Subpart D—Contingency Plan and Emergency Procedures
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§ 264.50 Applicability.
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§ 264.51 Purpose and implementation of contingency plan.
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§ 264.52 Content of contingency plan.
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§ 264.53 Copies of contingency plan.
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§ 264.54 Amendment of contingency plan.
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§ 264.55 Emergency coordinator.
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§ 264.56 Emergency procedures.
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Subpart E—Manifest System, Recordkeeping, and Reporting
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§ 264.70 Applicability.
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§ 264.71 Use of manifest system.
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§ 264.72 Manifest discrepancies.
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§ 264.73 Operating record.
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§ 264.74 Availability, retention, and disposition of records.
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