Sec. 265.191 Assessment of existing tank sys tem'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. Sec. 265.281 Special requirements for ignitable or reactive waste. 265.282 Special requirements for incompatible wastes. Subpart N Landfills 265.300 Applicability. 265.309 Surveying and recordkeeping. 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 contain APPENDIX IV-TESTS FOR SIGNIFICANCE APPENDIX V-EXAMPLES OF POTENTIALLY INCOMPATIBLE WASTE AUTHORITY: 42 U.S.C. 6905, 6912(a), 6924, 6925, and 6935. SOURCE: 45 FR 33232, May 19, 1980, unless otherwise noted. EDITORIAL NOTE: The reporting or recordkeeping provisions included in the final rule published at 47 FR 32274, July 26, 1982, will be submitted for approval to the Office of Management and Budget and will not become effective until OMB approval has been obtained. EPA will publish a notice in the FEDERAL REGISTER after it obtains OMB approval. Subpart A-General § 265.1 Purpose, scope, and applicability. (a) The purpose of this part is to establish minimum national standards that define the acceptable management of hazardous waste during the period of interim status and until certification of final closure or, if the facility is subject to post-closure requirements, until post-closure responsibilities are fulfilled. (b) The standards of this part 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) As stated in paragraph (c)(2) of this section, if the authorized State RCRA program does not cover disposal of hazardous waste by means of underground injection; or (ii) To a person who treats, stores, or disposes of hazardous waste in a State authorized under Subpart A or B of Part 271 of this chapter if the State has not been authorized to carry out the requirements and prohibitions applicable to the treatment, storage, or disposal of hazardous waste at his facility which are imposed pursuant to the Hazardous and Solid Waste Act Amendments of 1984. The requirements and prohibitions that are applicable until a State receives authorization to carry them out include all Federal program requirements identified in § 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 and operator of a facility managing recyclable materials described in § 261.6 (a) (2) and (3) of this chapter (except to the extent that requirements of this part are referred to in Subparts C, D, F, or G 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. (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. (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 activi ties 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. (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. (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 facilites which treat, store or dispose of hazardous waste referred to in Part 268. [45 FR 33232, May 19, 1980] EDITORIAL NOTE: For FEDERAL REGISTER Citations affecting § 265.1, see the List of CFR Sections Affected in the Finding Aids section of this volume. 88 265.2-265.3 [Reserved] § 265.4 Imminent hazard action. Notwithstanding any other provisions of these regulations, enforcement actions may be brought pursuant to section 7003 of RCRA. Subpart B-General Facility Standards § 265.10 Applicability The regulations in this subpart apply to owners and operators of all hazardous waste facilities, except as § 265.1 provides otherwise. § 265.11 Identification number. Every facility owner or operator must apply to EPA for an EPA identification number in accordance with the EPA notification procedures (45 FR 12746). 8 265.12 Required notices. (a) 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 of 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. (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.] (Approved by the Office of Management and Budget under control number 20500013) [45 FR 33232, May 19, 1980, as amended at 48 FR 14295, Apr. 1, 1983; 50 FR 4514, Jan. 31, 1985] § 265.13 General waste analysis. (a)(1) Before an owner or operator treats, stores, or disposes of any haz ardous waste, he must obtain a detailed chemical and physical analysis of a representative sample of the waste. At a minimum, this analysis must contain all the information which must be known to treat, store, or dispose of the waste in accordance with the requirements of 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 record 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 or all of the information required by paragraph (a)(1) of this section. 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 waste 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 proce |