section were approved by OMB under control number 2050-0047. The certification requirements contained in paragraph (b)(5) of this section were approved by OMB under control number 2050-0047. The recordkeeping requirements contained in paragraph (b)(6) of this section were approved by OMB under control number 2050-0047.) [50 FR 49205, Nov. 29, 1985, as amended at 52 FR 11822, Apr. 13, 1987] § 266.44 Standards applicable to burners of used oil burned for energy recovery. Owners and operators of facilities that burn used oil fuel are "burners" and are subject to the following requirements: (b) Notification. Burners of off-specification used oil fuel, and burners of used oil fuel who are the first to claim that the oil meets the specification provided under § 266.40(e), except burners who burn specification oil that they generate, must notify EPA stating the location and general description of used oil management activities. Burners of used oil fuel that meets the specification who receive such oil from a marketer that previously notified EPA are not required to notify. Owners and operators of used oil-fired space heaters that burn used oil fuel under the provisions of § 266.41(b)(2) are exempt from this notification requirement. Even if a burner has previously notified EPA of his hazardous waste management activities under section 3010 of RCRA and obtained an identification number, he must renotify to identify his used oil management activities. (c) Required notices. Before a burner accepts the first shipment of off-specification used oil fuel from a marketer, he must provide the marketer a onetime written and signed notice certifying that: (1) He has notified EPA stating the location and general description of his used oil management activities; and (2) He will burn the used oil only in an industrial furnace or boiler identified in § 266.41(b); and (d) Used oil fuel analysis. (1) Used oil fuel burned by the generator is subject to regulation under this subpart unless the burner obtains analysis (or other information) documenting that the used oil meets the specification provided under § 266.40(e). (2) Burners who treat off-specification used oil fuel by processing, blending, or other treatment to meet the specification provided under § 266.40(e) must obtain analyses (or other information) documenting that the used oil meets the specification. (e) Recordkeeping. A burner who receives an invoice under the requirements of this section must keep a copy of each invoice for three years from the date the invoice is received. Burners must also keep for three years copies of analyses of used oil fuel as may be required by paragraph (d) of this section. In addition, he must keep a copy of each certification notice that he sends to a marketer for three years from the date he last receives off-specification used oil from that marketer. (The notification requirements contained in paragraph (b) of this section were approved by OMB under control number 2050-0028. The certification requirements contained in paragraph (c) of this section were approved by OMB under control number 2050-0047. The analysis requirements contained in paragraph (d) of this section were approved by OMB under control number 2050-0047. The recordkeeping requirements contained in paragraph (e) of this section were approved by OMB under control number 20500047.) [50 FR 49205, Nov. 29, 1985, as amended at 52 FR 11822, Apr. 13, 1987] Subpart F-Recyclable Materials Utilized for Precious Metal Recovery § 266.70 Applicability and requirements. (a) The regulations of this subpart apply to recyclable materials that are reclaimed to recover economically significant amounts of gold, silver, platinum, paladium, irridium, osmium, rhodium, ruthenium, or any combination of these. (b) Persons who generate, transport, or store recyclable materials that are regulated under this subpart are subject to the following requirements: (1) Notification requirements under section 3010 of RCRA; (2) Subpart B of Part 262 (for generators), §§ 263.20 and 263.21 (for transporters), and §§ 265.71 and 265.72 (for persons who store) of this chapter; (c) Persons who store recycled materials that are regulated under this subpart must keep the following records to document that they are not accumulating these materials speculatively (as defined in § 261.1(c) of this chapter); (1) Records showing the volume of these materials stored at the beginning of the calendar year; (2) The amount of these materials generated or received during the calendar year; and (3) The amount of materials remaining at the end of the calendar year. (d) Recyclable materials that are regulated under this subpart that are accumulated speculatively (as defined in § 261.1(c) of this chapter) are subject to all applicable provisions of Parts 262 through 265, 270 and 124 of this chapter. Subpart G-Spent Lead-Acid § 266.80 Applicability and requirements. (b) Owners or operators of facilities that store spent batteries before reclaiming them are subject to the following requirements. (1) Notification requirements under section 3010 of RCRA; (2) All applicable provisions in Subparts A, B (but not § 264.13 (waste analysis)), C, D, E (but not § 264.71 or § 264.72 (dealing with the use of the manifest and manifest discrepancies)), and F through L of Part 264 of this chapter; [50 FR 666, Jan. 4, 1985, as amended at 50 FR 33543, Aug. 20, 1985] Sec. 267.64 Additional requirements. AUTHORITY: Secs. 1006, 2202(a), 3004 and 3005 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 6905, 6912(a), 6924 and 6925. SOURCE: 46 FR 12429, Feb. 13, 1981, unless otherwise noted. Subpart A-General § 267.1 Purpose, scope and applicability. (a) The purpose of this part is to establish minimum national standards that define the acceptable management of hazardous waste for new land disposal facilities. (b) The regulations in this part apply to owners and operators of new hazardous waste landfills, surface impoundments, land treatment facilities and Class I underground injection wells (as defined in § 122.32(g) of this chapter) that require individual RCRA permits under 40 CFR Part 122. (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 RCRA permit by rule issued under § 122.26(a) of this chapter. (2) A person disposing of hazardous waste by means of underground injection subject to a RCRA permit by rule under § 122.26(b) of this chapter. (3) An owner or operator of a POTW subject to a RCRA permit by rule under § 122.26(c) of this chapter. (4) 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 Parts 262 through 265 and Parts 122 and 124 of this chapter by § 261.5 of this chapter; (5) The owner or operator of a facility which treats or stores hazardous waste, which treatment or storage meets the criteria in § 261.6(A) of this chapter, except to the extent that § 261.6(b) of this chapter provides otherwise; (6) A generator accumulating waste on-site in compliance with § 262.34 of this chapter; § 267.3 Duration of Part 267 standards and their relationship to permits. (a) The regulations in this subpart are applicable, and will serve as a basis for issuing permits, to owners or operators of new hazardous waste landfills, surface impoundments, land treatment facilities, or underground injection facilities until final Part 264 regulations for such facilities become effective or until February 13, 1983, whichever is earlier. (b) Only those owners and operators of new hazardous waste landfills, surface impoundments, land treatment facilities or underground injection wells who have applied for a permit and for whom public notice of the preparation of a draft permit has been issued under § 124.10 of this chapter by the date final Part 264 regulations for these facilities become effective or [2 years after date of publication], whichever is earlier, may be issued permits under the regulations in this part. § 267.4 Imminent hazard action. Notwithstanding any other provisions of these regulations, enforce ment actions may be brought pursuant to section 7003 of RCRA. § 267.5 Additional permit procedures applicable to Part 267. (a) The procedures for issuance, modification, revocation and reissuance, and termination of permits under this part are set forth in Part 124 of this chapter. In addition, the following procedures apply to permits under Part 267: (1) Any facility for which a draft permit is prepared pursuant to this Part is a major hazardous waste management facility. A fact sheet shall be prepared for each such facility in accordance with § 124.8. Instead of the "brief summary of the basis for the draft permit conditions" required by § 124.8(b)(4), the fact sheet shall include a detailed discussion of basis for the draft permit conditions. This shall include a demonstration that relevant factors listed in Subparts C through G of this part were considered and a showing of how the draft permit reflects these considerations. (2) The Administrator shall accept any petition under § 124.19 of this chapter and any appeal under § 124.125 of this chapter to review a permit issued under this part. (b) The provisions of Subparts A and B in Part 122 of this chapter apply to permits under Part 267. In addition to the information required by § 122.4 and § 122.25 of this chapter, the applications for permits under this part must include the following information: (1) For a landfill, sufficient information to demonstrate compliance with Subparts C and F of this part. (2) For a surface impoundment, sufficient information to demonstrate compliance with Subparts D and F of this part. (3) For a land treatment facility, sufficient information to demonstrate compliance with Subparts E and F of this part. (4) For an underground injection well, sufficient information to demonstrate compliance with Subpart G of this part. All new landfills, surface impoundments, land treatment facilities and underground injection wells shall be located, designed, constructed, operated, maintained and closed in a manner that will assure protection of human health and the environment. Protection of human health and the environment shall include, but not be limited to: (a) Prevention of adverse effects on ground-water quality considering: (1) The volume and physical and chemical characteristics of the waste in the facility, including its potential for migration through soil or through synthetic liner materials; (2) The hydrogeological characteristics of the facility and surrounding land; (3) The quantity, quality and directions of ground-water flow; (4) The proximity and withdrawal rates of ground-water users; (5) The existing quality of groundwater, including other sources of contamination and their cumulative impact on the ground-water; (6) The potential for health risks caused by human exposure to waste constituents; (7) The potential damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents; (8) The persistence and permanence of the potential adverse effects; and (b) Prevention of adverse effects on surface water quality considering: (1) The volume and physical and chemical characteristics of the waste in the facility; (2) The hydrogeological characteristics of the facility and surrounding land, including the topography of the area around the facility; (3) The quantity, quality and directions of groundwater flow; (4) The patterns of rainfall in the region; (5) The proximity of the facility to surface waters; (6) The uses of nearby surface waters and any water quality standards established for those surface waters; (7) The existing quality of surface water, including other sources of contamination and their cumulative impact on surface water; (8) The potential for health risks Icaused by human exposure to waste constituents; (9) The potential damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constitutents; (10) The persistence and permanence of the potential adverse effects; and (c) Prevention of adverse effects on air quality, considering: (1) The volume and physical and chemical characteristics of the waste in the facility, including its potential for volatilization and wind dispersal; (2) The existing quality of the air, including other sources of contamination and their cumulative impact on the air; (3) The potential for health risks caused by human exposure to waste constitutents; (4) The potential damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents; (5) The persistence and permanence of the potential adverse effects; and (d) Prevention of adverse effects due to migration of waste constituents in the subsurface environment, considering: (1) The volume and physical and chemical characteristics of the waste in the facility, including its potential for migration through soil; (2) The geologic characteristics of the facility and surrounding land; (3) The patterns of land use in the region; (4) The potential for migration of waste constituents into sub-surface physical structures; (5) The potential for migration of waste constituents into the root zone of food-chain crops and other vegetation; (6) The potential for health risks caused by human exposure to waste constituents; (7) The potential damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents; and (8) The persistence and permanence of the potential adverse effects. Subpart C-Landfills § 267.20 Applicability. The regulations in this subpart apply to owners and operators of new facilities that dispose of hazardous waste in landfills. § 267.21 General design requirements. (a) Each landfill must include a liner designed to comply with § 267.10 of this part. The design of the facility liner must reflect a consideration of: (1) The physical and chemical characteristics of the waste in the facility; (2) The pressure head of leachate on the liner; (3) Climatic conditions in the area; (4) The permeability of the liner material, including compaction density and moisture content where earthen materials are present; (5) The physical and chemical properties of the soil underlying the facility that supports any emplaced liner; and (6) The potential for damage to the liner system that could occur during installation of any emplaced liner. (b) Each landfill must include a leachate and runoff control system designed to comply with § 267.10 of this part. The design of the facility leachate and runoff control system must reflect a consideration of: (1) The physical and chemical characteristics of the waste in the facility; (2) Climatic conditions in the area; (3) The volume of leachate or contaminated runoff that could be produced at the facility; and (4) The available options for managing any leachate or contaminated runoff that is collected at the facility. |