40 C.F.R. PART 265—INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
Title 40 - Protection of Environment
Authority: 42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925, 6935, 6936, and 6937.
Source: 45 FR 33232, May 19, 1980, unless otherwise noted.
(a) The purpose of this part is to establish minimum national standards that define the acceptable management of hazardous waste during the period of interim status and until certification of final closure or, if the facility is subject to post-closure requirements, until post-closure responsibilities are fulfilled. (b) Except as provided in §265.1080(b), the standards of this part, and of 40 CFR 264.552, 264.553, and 264.554, apply to owners and operators of facilities that treat, store or dispose of hazardous waste who have fully complied with the requirements for interim status under section 3005(e) of RCRA and §270.10 of this chapter until either a permit is issued under section 3005 of RCRA or until applicable part 265 closure and post-closure responsibilities are fulfilled, and to those owners and operators of facilities in existence on November 19, 1980 who have failed to provide timely notification as required by section 3010(a) of RCRA and/or failed to file Part A of the permit application as required by 40 CFR 270.10 (e) and (g). These standards apply to all treatment, storage and disposal of hazardous waste at these facilities after the effective date of these regulations, except as specifically provided otherwise in this part or part 261 of this chapter.
[Comment: As stated in section 3005(a) of RCRA, after the effective date of regulations under that section (i.e., parts 270 and 124 of this chapter), the treatment, storage and disposal of hazardous waste is prohibited except in accordance with a permit. Section 3005(e) of RCRA provides for the continued operation of an existing facility that meets certain conditions, until final administrative disposition of the owner's and operator's permit application is made.] (c) The requirements of this part do not apply to: (1) A person disposing of hazardous waste by means of ocean disposal subject to a permit issued under the Marine Protection, Research, and Sanctuaries Act;
[Comment: These part 265 regulations do apply to the treatment or storage of hazardous waste before it is loaded onto an ocean vessel for incineration or disposal at sea, as provided in paragraph (b) of this section.] (2) [Reserved] (3) The owner or operator of a POTW which treats, stores, or disposes of hazardous waste;
[Comment: The owner or operator of a facility under paragraphs (c)(1) through (3) of this section is subject to the requirements of part 264 of this chapter to the extent they are included in a permit by rule granted to such a person under part 122 of this chapter, or are required by §144.14 of this chapter.] (4) A person who treats, stores, or disposes of hazardous waste in a State with a RCRA hazardous waste program authorized under subpart A or B of part 271 of this chapter, except that the requirements of this part will continue to apply: (i) If the authorized State RCRA program does not cover disposal of hazardous waste by means of underground injection; or (ii) To a person who treats, stores, or disposes of hazardous waste in a State authorized under subpart A or B of part 271 of this chapter if the State has not been authorized to carry out the requirements and prohibitions applicable to the treatment, storage, or disposal of hazardous waste at his facility which are imposed pursuant to the Hazardous and Solid Waste Act Amendments of 1984. The requirements and prohibitions that are applicable until a State receives authorization to carry them out include all Federal program requirements identified in §271.1(j); (5) The owner or operator of a facility permitted, licensed, or registered by a State to manage municipal or industrial solid waste, if the only hazardous waste the facility treats, stores, or disposes of is excluded from regulation under this part by §261.5 of this chapter; (6) 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). (7) A generator accumulating waste on-site in compliance with §262.34 of this chapter, except to the extent the requirements are included in §262.34 of this chapter; (8) A farmer disposing of waste pesticides from his own use in compliance with §262.70 of this chapter; or (9) The owner or operator of a totally enclosed treatment facility, as defined in §260.10. (10) 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 §265.17(b). (11)(i) Except as provided in paragraph (c)(11)(ii) of this section, a person engaged in treatment or containment activities during immediate response to any of the following situations: (A) A discharge of a hazardous waste; (B) An imminent and substantial threat of a discharge of a hazardous waste; (C) A discharge of a material which, when discharged, becomes a hazardous waste. (D) An immediate threat to human health, public safety, property, or the environment, from the known or suspected presence of military munitions, other explosive material, or an explosive device, as determined by an explosive or munitions emergency response specialist as defined in 40 CFR 260.10. (ii) An owner or operator of a facility otherwise regulated by this part must comply with all applicable requirements of subparts C and D. (iii) Any person who is covered by paragraph (c)(11)(i) of this section and who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this part and parts 122 through 124 of this chapter for those activities. (iv) In the case of an explosives or munitions emergency response, if a Federal, State, Tribal or local official acting within the scope of his or her official responsibilities, or an explosives or munitions emergency response specialist, determines that immediate removal of the material or waste is necessary to protect human health or the environment, that official or specialist may authorize the removal of the material or waste by transporters who do not have EPA identification numbers and without the preparation of a manifest. In the case of emergencies involving military munitions, the responding military emergency response specialist's organizational unit must retain records for three years identifying the dates of the response, the responsible persons responding, the type and description of material addressed, and its disposition. (12) A transporter storing manifested shipments of hazardous waste in containers meeting the requirements of 40 CFR 262.30 at a transfer facility for a period of ten days or less. (13) The addition of absorbent material to waste in a container (as defined in §260.10 of this chapter) or the addition of waste to the absorbent material in a container provided that these actions occur at the time waste is first placed in the containers; and §§265.17(b), 265.171, and 265.172 are complied with. (14) Universal waste handlers and universal waste transporters (as defined in 40 CFR 260.10) handling the wastes listed below. These handlers are subject to regulation under 40 CFR part 273, when handling the below listed universal wastes. (i) Batteries as described in 40 CFR 273.2; (ii) Pesticides as described in §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. (15) A New York State Utility central collection facility consolidating hazardous waste in accordance with 40 CFR 262.90. (d) The following hazardous wastes must not be managed at facilities subject to regulation under this part. (1) EPA Hazardous Waste Nos. FO20, FO21, FO22, FO23, FO26, or FO27 unless: (i) The wastewater treatment sludge is generated in a surface impoundment as part of the plant's wastewater treatment system; (ii) The waste is stored in tanks or containers; (iii) The waste is stored or treated in waste piles that meet the requirements of §264.250(c) as well as all other applicable requirements of subpart L of this part; (iv) The waste is burned in incinerators that are certified pursuant to the standards and procedures in §265.352; or (v) The waste is burned in facilities that thermally treat the waste in a device other than an incinerator and that are certified pursuant to the standards and procedures in §265.383. (e) The requirements of this part apply to owners or operators of all facilities which treat, store or dispose of hazardous waste referred to in 40 CFR part 268, and the 40 CFR part 268 standards are considered material conditions or requirements of the part 265 interim status standards. (f) Section 266.205 of this chapter identifies when the requirements of this part apply to the storage of military munitions classified as solid waste under §266.202 of this chapter. The treatment and disposal of hazardous waste military munitions are subject to the applicable permitting, procedural, and technical standards in 40 CFR parts 260 through 270. [45 FR 33232, May 19, 1980] Editorial Note: For Notwithstanding any other provisions of these regulations, enforcement actions may be brought pursuant to section 7003 of RCRA. The regulations in this subpart apply to owners and operators of all hazardous waste facilities, except as §265.1 provides otherwise. Every facility owner or operator must apply to EPA for an EPA identification number in accordance with the EPA notification procedures (45 FR 12746). (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) 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. (Also see §270.72 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 33232, May 19, 1980, as amended at 48 FR 14295, Apr. 1, 1983; 50 FR 4514, Jan. 31, 1985; 61 FR 16315, Apr. 12, 1996; 71 FR 40274, July 14, 2006] (a)(1) Before an owner or operator treats, stores, or disposes of any hazardous wastes, or nonhazardous wastes if applicable under §265.113(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 waste generated from similar processes.
Comment: For example, the facility's records of analyses performed on the waste before the effective date of these regulations, or studies conducted on hazardous waste generated from processes similar to that which generated the waste to be managed at the facility, may be included in the data base required to comply with paragraph (a)(1) 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 §265.113(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 §265.113(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 §260.20(c) 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; (5) For off-site facilities, the waste analyses that hazardous waste generators have agreed to supply; and (6) Where applicable, the methods that will be used to meet the additional waste analysis requirements for specific waste management methods as specified in §§265.200, 265.225, 265.252, 265.273, 265.314, 265.341, 265.375, 265.402, 265.1034(d), 265.1063(d), 265.1084, and 268.7 of this chapter. (7) For surface impoundments exempted from land disposal restrictions under §268.4(a) of this chapter, the procedures and schedule 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 of this part in accordance with §265.1083— (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 inspect and, if necessary, analyze each movement of hazardous waste received at the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping paper. At a minimum, the plan must describe: (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. [45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 50 FR 18374, Apr. 30, 1985; 51 FR 40638, Nov. 7, 1986; 52 FR 25788, July 8, 1987; 54 FR 33396, Aug. 14, 1989; 55 FR 22685, June 1, 1990; 55 FR 25506, June 21, 1990; 56 FR 19290, Apr. 26, 1991; 57 FR 8088, Mar. 6, 1992; 57 FR 54461, Nov. 18, 1992; 59 FR 62935, Dec. 6, 1994; 61 FR 4913, Feb. 9, 1996] (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: (1) Physical contact with the waste, structures, or equipment with 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. (b) Unless exempt 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 exempt under paragraphs (a)(1) and (a)(2) of this section, a sign with the legend, “Danger—Unauthorized Personnel Keep Out,” must be posted at each entrance to the active portion of a facility, and at other locations, in sufficient numbers to be seen from any approach to this active portion. The legend must be written in English and in any other language predominant in the area surrounding the facility (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 §265.117(b) for discussion of security requirements at disposal facilities during the post-closure care period.] [45 FR 33232, May 19, 1980, as amended at 71 FR 40274, July 14, 2006] (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 all 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 §§265.174, 265.193, 265.195, 265.226, 265.260, 265.278, 265.304, 265.347, 265.377, 265.403, 265.1033, 265.1052, 265.1053, 265.1058, and 265.1084 through 265.1090, where applicable. (5) Performance Track member facilities that choose to reduce inspection frequencies must: (i) Submit an application to the Director. The application 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. 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 application 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: (1) Deny the application; or (2) 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 application and maintain a copy of the application in the facility's operating record. (iii) Any Performance Track member facility that discontinues its membership or is terminated from the program must immediately notify the Director of its 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 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 57 FR 3491, Jan. 29, 1992; 59 FR 62935, Dec. 6, 1994; 62 FR 64661, Dec. 8, 1997; 71 FR 16908, 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. (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 facility personnel 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 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 71 FR 16908, Apr. 4, 2006; 71 FR 40274, July 14, 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 treatment, storage, or disposal of ignitable or reactive waste, and the mixture or commingling of incompatible wastes, or incompatible wastes and materials, must be conducted so that it does not: (1) Generate extreme heat or pressure, fire or explosion, or violent reaction; (2) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health; (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 containing the waste; or (5) Through other like means threaten human health or the environment. The placement of any hazardous waste in a salt dome, salt bed formation, underground mine or cave is prohibited, except for the Department of Energy Waste Isolation Pilot Project in New Mexico. [50 FR 28749, July 15, 1985] (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 §§265.221(a), 265.254, and 265.301(a). 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. Before construction begins on a unit subject to the CQA program under paragraph (a) of this section, the owner or operator must develop 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 §265.73. (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 of this chapter. (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), 264.251(c)(1), and 264.301(c)(1) of this chapter in the field. Compliance with the hydraulic conductivity requirements must be verified by using in-situ testing on the constructed test fill. The test fill requirement is waived where data are sufficient to show that a constructed soil liner meets the hydraulic conductivity requirements of §§264.221(c)(1), 264.251(c)(1), and 264.301(c)(1) of this chapter in the field. (d) Certification. The owner or operator of units subject to §265.19 must submit to the Regional Administrator by certified mail or hand delivery, at least 30 days prior to receiving waste, a certification signed by the CQA officer that the CQA plan has been successfully carried out and that the unit meets the requirements of §§265.221(a), 265.254, or 265.301(a). The owner or operator may receive waste in the unit after 30 days from the Regional Administrator's receipt of the CQA certification unless the Regional Administrator determines in writing that the construction is not acceptable, or extends the review period for a maximum of 30 more days, or seeks additional information from the owner or operator during this period. Documentation supporting the CQA officer's certification must be furnished to the Regional Administrator upon request. [57 FR 3491, Jan. 29, 1992, as amended at 71 FR 40274, July 14, 2006] The regulations in this subpart apply to owners and operators of all hazardous waste facilities, except as §265.1 provides otherwise. Facilities must be 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 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. 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 such a device is not required under §265.32. (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 such a device is not required under §265.32. 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 aisle space is not needed for any of these purposes. (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 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 §265.1 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 33232, 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 §§265.51 and 265.56 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 §265.37. (d) The plan must list names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see §265.55), 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. (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 33232, May 19, 1980, as amended at 46 FR 27480, May 20, 1981; 50 FR 4514, Jan. 31, 1985; 71 FR 16908, 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. [45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985] The contingency plan must be reviewed, and immediately amended, if necessary, whenever: (a) Applicable regulations are 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 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985] 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 §265.56. 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-offs 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 released 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 265 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 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 71 FR 16908, Apr. 4, 2006; 71 FR 40274, July 14, 2006] (a) The regulations in this subpart apply to owners and operators of both on-site and off-site facilities, except as §265.1 provides otherwise. Sections 265.71, 265.72, and 265.76 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). (b) The revised Manifest form and procedures in 40 CFR 260.10, 261.7, 265.70, 265.71. 265.72, and 265.76, shall not apply until September 5, 2006. The Manifest form and procedures in 40 CFR 260.10, 261.7, 265.70, 265.71. 265.72, and 265.76, 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 10823, 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/her agent must: (i) Sign and date, by hand, each copy of the manifest; (ii) Note any discrepancies (as defined in §265.72(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 §265.72(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 §265.13(c) include waste analysis must perform that analysis before signing the shipping paper and giving it to the transporter. Section 265.72(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 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 33232, May 19, 1980, as amended at 45 FR 86970, 86974, Dec. 31, 1980; 50 FR 4514, Jan. 31, 1985; 61 FR 16315, Apr. 12, 1996; 70 FR 10823, 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 in 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 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 10823, 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 below: (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 to part 265. 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 of 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 §§265.119, 265.279, and 265.309 for related requirements.] (3) Records and results of waste analysis, waste determinations, and trial tests performed as specified in §§265.13, 265.200, 265.225, 265.252, 265.273, 265.314, 265.341, 265.375, 265.402, 265.1034, 265.1063, 265.1084, 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 §265.56(j); (5) Records and results of inspections as required by §265.15(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 by §§265.19, 265.94, 265.191, 265.193, 265.195, 265.224, 265.226, 265.255, 265.260, 265.276, 265.278, 265.280(d)(1), 265.302, 265.304, 265.347, 265.377, 265.1034(c) through 265.1034(f), 265.1035, 265.1063(d) through 265. 265.1063(i), 265.1064, and 265.1083 through 265.1090. Maintain in the operating record for three years, except for records and results pertaining to ground-water monitoring and cleanup, and response action plans for surface impoundments, waste piles, and landfills, which must be maintained in the operating record until closure of the facility.
[Comment: As required by §265.94, monitoring data at disposal facilities must be kept throughout the post-closure period.] (7) All closure cost estimates under §265.142 and, for disposal facilities, all post-closure cost estimates under §265.144 must be maintained in the operating record until closure of the facility. (8) 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, monitoring data required pursuant to a petition under §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. All of this information must be maintained in the operating record until closure of the facility. (9) 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; (10) 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; (11) 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 or §268.8; (12) For an on-site land disposal 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 of a treatment facility under §268.7 or §268.8. (13) 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 (14) 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 of a treatment facility under §268.7 or §268.8. (15) Monitoring, testing or analytical data, and corrective action where required by §§265.90, 265.93(d)(2), and 265.93(d)(5), and the certification as required by §265.196(f) must be maintained in the operating record until closure of the facility. [45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 50 FR 18374, Apr. 30, 1985; 51 FR 40638, Nov. 7, 1986; 53 FR 31211, Aug. 17, 1988; 54 FR 26648, June 23, 1989; 55 FR 25507, June 21, 1990; 56 FR 19290, Apr. 26, 1991; 57 FR 3492, Jan. 29, 1992; 59 FR 62935, Dec. 6, 1994; 62 FR 64661, Dec. 8, 1997; 71 FR 16908, 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 §265.73(b)(2) must be submitted to the Regional Administrator and local land authority upon closure of the facility (see §265.119). [45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985] The owner or operator must prepare and submit a single copy of a biennial report to the Regional Administrator by March 1 of each even numbered year. The biennial report must be submitted on EPA Form 8700–13B. The report must cover facility activities during the previous calendar year and must include the following information: (a) The EPA identification number, name, and address of the facility; (b) The calendar year covered by the report; (c) For off-site facilities, the EPA identification number of each hazardous waste generator from which the facility received a hazardous waste during the year; for imported shipments, the report must give the name and address of the foreign generator; (d) A description and the quantity of each hazardous waste the facility received during the year. For off-site facilities, this information must be listed by EPA identification number of each generator; (e) The method of treatment, storage, or disposal for each hazardous waste; (f) Monitoring data under §265.94(a)(2)(ii) and (iii), and (b)(2), where required; (g) The most recent closure cost estimate under §265.142, and, for disposal facilities, the most recent post-closure cost estimate under §265.144; and (h) For generators who treat, store, or dispose of hazardous waste on-site, a description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated. (i) For generators who treat, store, or dispose of hazardous waste on-site, a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for the years prior to 1984. (j) The certification signed by the owner or operator of the facility or his authorized representative. [45 FR 33232, May 19, 1980, as amended at 48 FR 3982, Jan. 28, 1983; 50 FR 4514, Jan. 31, 1985; 51 FR 28556, Aug. 8, 1986] (a) If a facility accepts for treatment, storage, or disposal any hazardous waste from an off-site source without an accompanying manifest, or without an accompanying shipping paper as described by §263.20(e) of this chapter, and if the waste is not excluded from the manifest requirement by this chapter, then the owner or operator must prepare and submit a letter to the Regional Administrator within fifteen days after receiving the waste. The unmanifested waste report must contain the following information: (1) The EPA identification number, name and address of the facility; (2) The date the facility received the waste; (3) The EPA identification number, name and address of the generator and the transporter, if available; (4) A description and the quantity of each unmanifested hazardous waste the facility received; (5) The method of treatment, storage, or disposal for each hazardous waste; (6) The certification signed by the owner or operator of the facility or his authorized representative; and (7) A brief explanation of why the waste was unmanifested, if known. (b) [Reserved] [70 FR 10824, Mar. 4, 2005] In addition to submitting the biennial report and unmanifested waste reports described in §§265.75 and 265.76, the owner or operator must also report to the Regional Administrator: (a) Releases, fires, and explosions as specified in §265.56(j); (b) Ground-water contamination and monitoring data as specified in §§265.93 and 265.94; and (c) Facility closure as specified in §265.115. (d) As otherwise required by Subparts AA, BB, and CC of this part. [45 FR 33232, May 19, 1980, as amended at 48 FR 3982, Jan. 28, 1983; 55 FR 25507, June 21, 1990; 59 FR 62935, Dec. 6, 1994] (a) Within one year after the effective date of these regulations, the owner or operator of a surface impoundment, landfill, or land treatment facility which is used to manage hazardous waste must implement a ground-water monitoring program capable of determining the facility's impact on the quality of ground water in the uppermost aquifer underlying the facility, except as §265.1 and paragraph (c) of this section provide otherwise. (b) Except as paragraphs (c) and (d) of this section provide otherwise, the owner or operator must install, operate, and maintain a ground-water monitoring system which meets the requirements of §265.91, and must comply with §§265.92 through 265.94. This ground-water monitoring program must be carried out during the active life of the facility, and for disposal facilities, during the post-closure care period as well. (c) All or part of the ground-water monitoring requirements of this subpart may be waived if the owner or operator can demonstrate that there is a low potential for migration of hazardous waste or hazardous waste constituents from the facility via the uppermost aquifer to water supply wells (domestic, industrial, or agricultural) or to surface water. This demonstration must be in writing, and must be kept at the facility. This demonstration must be certified by a qualified geologist or geotechnical engineer and must establish the following: (1) The potential for migration of hazardous waste or hazardous waste constituents from the facility to the uppermost aquifer, by an evaluation of: (i) A water balance of precipitation, evapotranspiration, runoff, and infiltration; and (ii) Unsaturated zone characteristics (i.e., geologic materials, physical properties, and depth to ground water); and (2) The potential for hazardous waste or hazardous waste constituents which enter the uppermost aquifer to migrate to a water supply well or surface water, by an evaluation of: (i) Saturated zone characteristics (i.e., geologic materials, physical properties, and rate of ground-water flow); and (ii) The proximity of the facility to water supply wells or surface water. (d) If an owner or operator assumes (or knows) that ground-water monitoring of indicator parameters in accordance with §§265.91 and 265.92 would show statistically significant increases (or decreases in the case of pH) when evaluated under §265.93(b), he may install, operate, and maintain an alternate ground-water monitoring system (other than the one described in §§265.91 and 265.92). If the owner or operator decides to use an alternate ground-water monitoring system he must: (1) Within one year after the effective date of these regulations, develop a specific plan, certified by a qualified geologist or geotechnical engineer, which satisfies the requirements of §265.93(d)(3), for an alternate ground-water monitoring system. This plan is to be placed in the facility's operating record and maintained until closure of the facility. (2) Not later than one year after the effective date of these regulations, initiate the determinations specified in §265.93(d)(4); (3) Prepare a report in accordance with §265.93(d)(5) and place it in the facility's operating record and maintain until closure of the facility. (4) Continue to make the determinations specified in §265.93(d)(4) on a quarterly basis until final closure of the facility; and (5) Comply with the recordkeeping and reporting requirements in §265.94(b). (e) The ground-water monitoring requirements of this subpart may be waived with respect to any surface impoundment that (1) Is used to neutralize wastes which are hazardous solely because they exhibit the corrosivity characteristic under §261.22 of this chapter or are listed as hazardous wastes in subpart D of part 261 of this chapter only for this reason, and (2) contains no other hazardous wastes, if the owner or operator can demonstrate that there is no potential for migration of hazardous wastes from the impoundment. The demonstration must establish, based upon consideration of the characteristics of the wastes and the impoundment, that the corrosive wastes will be neutralized to the extent that they no longer meet the corrosivity characteristic before they can migrate out of the impoundment. The demonstration must be in writing and must be certified by a qualified professional. (f) The Regional Administrator may replace all or part of the requirements of this subpart applying to a regulated unit (as defined in 40 CFR 264.90), with alternative requirements developed for groundwater monitoring set out in an approved closure or post-closure plan or in an enforceable document (as defined in 40 CFR 270.1(c)(7)), where the Regional Administrator determines that: (1) A regulated unit is situated among solid waste management units (or areas of concern), a release has occurred, and both the regulated unit and one or more solid waste management unit(s) (or areas of concern) are likely to have contributed to the release; and (2) It is not necessary to apply the requirements of this subpart because the alternative requirements will protect human health and the environment. The alternative standards for the regulated unit must meet the requirements of 40 CFR 264.101(a). [45 FR 33232, May 19, 1980, as amended at 47 FR 1255, Jan. 11, 1982; 50 FR 4514, Jan. 31, 1985; 63 FR 56734, Oct. 22, 1998; 71 FR 16909, Apr. 4, 2006; 71 FR 40274, July 14, 2006] (a) A ground-water monitoring system must be capable of yielding ground-water samples for analysis and must consist of: (1) Monitoring wells (at least one) installed hydraulically upgradient (i.e., in the direction of increasing static head) from the limit of the waste management area. Their number, locations, and depths must be sufficient to yield ground-water samples that are: (i) Representative of background ground-water quality in the uppermost aquifer near the facility; and (ii) Not affected by the facility; and (2) Monitoring wells (at least three) installed hydraulically downgradient (i.e., in the direction of decreasing static head) at the limit of the waste management area. Their number, locations, and depths must ensure that they immediately detect any statistically significant amounts of hazardous waste or hazardous waste constituents that migrate from the waste management area to the uppermost aquifer. (3) The facility owner or operator may demonstrate that an alternate hydraulically downgradient monitoring well location will meet the criteria outlined below. The demonstration must be in writing and kept at the facility. The demonstration must be certified by a qualified ground-water scientist and establish that: (i) An existing physical obstacle prevents monitoring well installation at the hydraulically downgradient limit of the waste management area; and (ii) The selected alternate downgradient location is as close to the limit of the waste management area as practical; and (iii) The location ensures detection that, given the alternate location, is as early as possible of any statistically significant amounts of hazardous waste or hazardous waste constituents that migrate from the waste management area to the uppermost aquifer. (iv) Lateral expansion, new, or replacement units are not eligible for an alternate downgradient location under this paragraph. (b) Separate monitoring systems for each waste management component of a facility are not required provided that provisions for sampling upgradient and downgradient water quality will detect any discharge from the waste management area. (1) In the case of a facility consisting of only one surface impoundment, landfill, or land treatment area, the waste management area is described by the waste boundary (perimeter). (2) In the case of a facility consisting of more than one surface impoundment, landfill, or land treatment area, the waste management area is described by an imaginary boundary line which circumscribes the several waste management components. (c) All monitoring wells must be cased in a manner that maintains the integrity of the monitoring well bore hole. This casing must be screened or perforated, and packed with gravel or sand where necessary, to enable sample collection at depths where appropriate aquifer flow zones exist. The annular space (i.e., the space between the bore hole and well casing) above the sampling depth must be sealed with a suitable material (e.g., cement grout or bentonite slurry) to prevent contamination of samples and the ground water. [45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 56 FR 66369, Dec. 23, 1991] (a) The owner or operator must obtain and analyze samples from the installed ground-water monitoring system. The owner or operator must develop and follow a ground-water sampling and analysis plan. He must keep this plan at the facility. The plan must include procedures and techniques for: (1) Sample collection; (2) Sample preservation and shipment; (3) A
Title 40: Protection of Environment
PART 265—INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
Section Contents
§ 265.1 Purpose, scope, and applicability.
§§ 265.2-265.3 [Reserved]
§ 265.4 Imminent hazard action.
§ 265.10 Applicability.
§ 265.11 Identification number.
§ 265.12 Required notices.
§ 265.13 General waste analysis.
§ 265.14 Security.
§ 265.15 General inspection requirements.
§ 265.16 Personnel training.
§ 265.17 General requirements for ignitable, reactive, or incompatible wastes.
§ 265.18 Location standards.
§ 265.19 Construction quality assurance program.
§ 265.30 Applicability.
§ 265.31 Maintenance and operation of facility.
§ 265.32 Required equipment.
§ 265.33 Testing and maintenance of equipment.
§ 265.34 Access to communications or alarm system.
§ 265.35 Required aisle space.
§ 265.36 [Reserved]
§ 265.37 Arrangements with local authorities.
§ 265.50 Applicability.
§ 265.51 Purpose and implementation of contingency plan.
§ 265.52 Content of contingency plan.
§ 265.53 Copies of contingency plan.
§ 265.54 Amendment of contingency plan.
§ 265.55 Emergency coordinator.
§ 265.56 Emergency procedures.
§ 265.70 Applicability.
§ 265.71 Use of manifest system.
§ 265.72 Manifest discrepancies.
§ 265.73 Operating record.
§ 265.74 Availability, retention, and disposition of records.
§ 265.75 Biennial report.
§ 265.76 Unmanifested waste report.
§ 265.77 Additional reports.
§ 265.90 Applicability.
§ 265.91 Ground-water monitoring system.
§ 265.92 Sampling and analysis.
§ 265.93 Preparation, evaluation, and response.
§ 265.94 Recordkeeping and reporting.
§ 265.110 Applicability.
§ 265.111 Closure performance standard.
§ 265.112 Closure plan; amendment of plan.
§ 265.113 Closure; time allowed for closure.
§ 265.114 Disposal or decontamination of equipment, structures and soils.
§ 265.115 Certification of closure.
§ 265.116 Survey plat.
§ 265.117 Post-closure care and use of property.
§ 265.118 Post-closure plan; amendment of plan.
§ 265.119 Post-closure notices.
§ 265.120 Certification of completion of post-closure care.
§ 265.121 Post-closure requirements for facilities that obtain enforceable documents in lieu of post-closure permits.
§ 265.140 Applicability.
§ 265.141 Definitions of terms as used in this subpart.
§ 265.142 Cost estimate for closure.
§ 265.143 Financial assurance for closure.
§ 265.144 Cost estimate for post-closure care.
§ 265.145 Financial assurance for post-closure care.
§ 265.146 Use of a mechanism for financial assurance of both closure and post-closure care.
§ 265.147 Liability requirements.
§ 265.148 Incapacity of owners or operators, guarantors, or financial institutions.
§ 265.149 Use of State-required mechanisms.
§ 265.150 State assumption of responsibility.
§ 265.170 Applicability.
§ 265.171 Condition of containers.
§ 265.172 Compatibility of waste with container.
§ 265.173 Management of containers.
§ 265.174 Inspections.
§ 265.175 [Reserved]
§ 265.176 Special requirements for ignitable or reactive waste.
§ 265.177 Special requirements for incompatible wastes.
§ 265.178 Air emission standards.
§ 265.190 Applicability.
§ 265.191 Assessment of existing tank system's integrity.
§ 265.192 Design and installation of new tank systems or components.
§ 265.193 Containment and detection of releases.
§ 265.194 General operating requirements.
§ 265.195 Inspections.
§ 265.196 Response to leaks or spills and disposition of leaking or unfit-for-use tank systems.
§ 265.197 Closure and post-closure care.
§ 265.198 Special requirements for ignitable or reactive wastes.
§ 265.199 Special requirements for incompatible wastes.
§ 265.200 Waste analysis and trial tests.
§ 265.201 Special requirements for generators of between 100 and 1,000 kg/mo that accumulate hazardous waste in tanks.
§ 265.202 Air emission standards.
§ 265.220 Applicability.
§ 265.221 Design and operating requirements.
§ 265.222 Action leakage rate.
§ 265.223 Containment system.
§ 265.224 Response actions.
§ 265.225 Waste analysis and trial tests.
§ 265.226 Monitoring and inspection.
§ 265.227 [Reserved]
§ 265.228 Closure and post-closure care.
§ 265.229 Special requirements for ignitable or reactive waste.
§ 265.230 Special requirements for incompatible wastes.
§ 265.231 Air emission standards.
§ 265.250 Applicability.
§ 265.251 Protection from wind.
§ 265.252 Waste analysis.
§ 265.253 Containment.
§ 265.254 Design and operating requirements.
§ 265.255 Action leakage rates.
§ 265.256 Special requirements for ignitable or reactive waste.
§ 265.257 Special requirements for incompatible wastes.
§ 265.258 Closure and post-closure care.
§ 265.259 Response actions.
§ 265.260 Monitoring and inspection.
§ 265.270 Applicability.
§ 265.271 [Reserved]
§ 265.272 General operating requirements.
§ 265.273 Waste analysis.
§§ 265.274-265.275 [Reserved]
§ 265.276 Food chain crops.
§ 265.277 [Reserved]
§ 265.278 Unsaturated zone (zone of aeration) monitoring.
§ 265.279 Recordkeeping.
§ 265.280 Closure and post-closure.
§ 265.281 Special requirements for ignitable or reactive waste.
§ 265.282 Special requirements for incompatible wastes.
§ 265.300 Applicability.
§ 265.301 Design and operating requirements.
§ 265.302 Action leakage rate.
§ 265.303 Response actions.
§ 265.304 Monitoring and inspection.
§§ 265.305-265.308 [Reserved]
§ 265.309 Surveying and recordkeeping.
§ 265.310 Closure and post-closure care.
§ 265.311 [Reserved]
§ 265.312 Special requirements for ignitable or reactive waste.
§ 265.313 Special requirements for incompatible wastes.
§ 265.314 Special requirements for bulk and containerized liquids.
§ 265.315 Special requirements for containers.
§ 265.316 Disposal of small containers of hazardous waste in overpacked drums (lab packs).
§ 265.340 Applicability.
§ 265.341 Waste analysis.
§§ 265.342-265.344 [Reserved]
§ 265.345 General operating requirements.
§ 265.346 [Reserved]
§ 265.347 Monitoring and inspections.
§§ 265.348-265.350 [Reserved]
§ 265.351 Closure.
§ 265.352 Interim status incinerators burning particular hazardous wastes.
§§ 265.353-265.369 [Reserved]
§ 265.370 Other thermal treatment.
§§ 265.371-265.372 [Reserved]
§ 265.373 General operating requirements.
§ 265.374 [Reserved]
§ 265.375 Waste analysis.
§ 265.376 [Reserved]
§ 265.377 Monitoring and inspections.
§§ 265.378-265.380 [Reserved]
§ 265.381 Closure.
§ 265.382 Open burning; waste explosives.
§ 265.383 Interim status thermal treatment devices burning particular hazardous waste.
§ 265.400 Applicability.
§ 265.401 General operating requirements.
§ 265.402 Waste analysis and trial tests.
§ 265.403 Inspections.
§ 265.404 Closure.
§ 265.405 Special requirements for ignitable or reactive waste.
§ 265.406 Special requirements for incompatible wastes.
§ 265.430 Applicability.
§ 265.440 Applicability.
§ 265.441 Assessment of existing drip pad integrity.
§ 265.442 Design and installation of new drip pads.
§ 265.443 Design and operating requirements.
§ 265.444 Inspections.
§ 265.445 Closure.
§ 265.1030 Applicability.
§ 265.1031 Definitions.
§ 265.1032 Standards: Process vents.
§ 265.1033 Standards: Closed-vent systems and control devices.
§ 265.1034 Test methods and procedures.
§ 265.1035 Recordkeeping requirements.
§§ 265.1036-265.1049 [Reserved]
§ 265.1050 Applicability.
§ 265.1051 Definitions.
§ 265.1052 Standards: Pumps in light liquid service.
§ 265.1053 Standards: Compressors.
§ 265.1054 Standards: Pressure relief devices in gas/vapor service.
§ 265.1055 Standards: Sampling connection systems.
§ 265.1056 Standards: Open-ended valves or lines.
§ 265.1057 Standards: Valves in gas/vapor service or in light liquid service.
§ 265.1058 Standards: Pumps and valves in heavy liquid service, pressure relief devices in light liquid or heavy liquid service, and flanges and other connectors.
§ 265.1059 Standards: Delay of repair.
§ 265.1060 Standards: Closed-vent systems and control devices.
§ 265.1061 Alternative standards for valves in gas/vapor service or in light liquid service: percentage of valves allowed to leak.
§ 265.1062 Alternative standards for valves in gas/vapor service or in light liquid service: skip period leak detection and repair.
§ 265.1063 Test methods and procedures.
§ 265.1064 Recordkeeping requirements.
§§ 265.1065-265.1079 [Reserved]
§ 265.1080 Applicability.
§ 265.1081 Definitions.
§ 265.1082 Schedule for implementation of air emission standards.
§ 265.1083 Standards: General.
§ 265.1084 Waste determination procedures.
§ 265.1085 Standards: Tanks.
§ 265.1086 Standards: Surface impoundments.
§ 265.1087 Standards: Containers.
§ 265.1088 Standards: Closed-vent systems and control devices.
§ 265.1089 Inspection and monitoring requirements.
§ 265.1090 Recordkeeping requirements.
§ 265.1091 [Reserved]
§ 265.1100 Applicability.
§ 265.1101 Design and operating standards.
§ 265.1102 Closure and post-closure care.
§§ 265.1103-265.1110 [Reserved]
§ 265.1200 Applicability.
§ 265.1201 Design and operating standards.
§ 265.1202 Closure and post-closure care.
Appendix I to Part 265—Recordkeeping Instructions
Appendix II to Part 265 [Reserved]
Appendix III to Part 265—EPA Interim Primary Drinking Water Standards
Appendix IV to Part 265—Tests for Significance
Appendix V to Part 265—Examples of Potentially Incompatible Waste
Appendix VI to Part 265—Compounds With Henry's Law Constant Less Than 0.1 Y/X
Subpart A—General
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§ 265.1 Purpose, scope, and applicability.
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§§ 265.2-265.3 [Reserved]
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§ 265.4 Imminent hazard action.
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Subpart B—General Facility Standards
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§ 265.10 Applicability.
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§ 265.11 Identification number.
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§ 265.12 Required notices.
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§ 265.13 General waste analysis.
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§ 265.14 Security.
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§ 265.15 General inspection requirements.
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§ 265.16 Personnel training.
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§ 265.17 General requirements for ignitable, reactive, or incompatible wastes.
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§ 265.18 Location standards.
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§ 265.19 Construction quality assurance program.
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Subpart C—Preparedness and Prevention
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§ 265.30 Applicability.
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§ 265.31 Maintenance and operation of facility.
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§ 265.32 Required equipment.
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§ 265.33 Testing and maintenance of equipment.
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§ 265.34 Access to communications or alarm system.
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§ 265.35 Required aisle space.
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§ 265.36 [Reserved]
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§ 265.37 Arrangements with local authorities.
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Subpart D—Contingency Plan and Emergency Procedures
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§ 265.50 Applicability.
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§ 265.51 Purpose and implementation of contingency plan.
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§ 265.52 Content of contingency plan.
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§ 265.53 Copies of contingency plan.
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§ 265.54 Amendment of contingency plan.
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§ 265.55 Emergency coordinator.
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§ 265.56 Emergency procedures.
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Subpart E—Manifest System, Recordkeeping, and Reporting
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§ 265.70 Applicability.
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§ 265.71 Use of manifest system.
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§ 265.72 Manifest discrepancies.
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§ 265.73 Operating record.
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§ 265.74 Availability, retention, and disposition of records.
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§ 265.75 Biennial report.
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§ 265.76 Unmanifested waste report.
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§ 265.77 Additional reports.
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Subpart F—Ground-Water Monitoring
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§ 265.90 Applicability.
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§ 265.91 Ground-water monitoring system.
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§ 265.92 Sampling and analysis.
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