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PA Bulletin, Doc. No. 97-72c

[27 Pa.B. 237]

[Continued from previous Web Page]

Where

   Win = Mass feed rate of one POHC in the waste stream feeding the incinerator.

   Wout = Mass emission rate of the same POHC present in exhaust emissions prior to release to the atmosphere.

   (2)  An incinerator burning hazardous waste and producing stack emissions of more than 1.8 kilograms per hour--4 pounds per hour--of hydrogen halide shall control hydrogen halide emissions so that the rate of emission is not greater than the larger of either 1.8 kilograms per hour or 1.0% of the hydrogen halide in the stack gas prior to entering any pollution control equipment.

   (3)  An incinerator burning hazardous waste may not emit particulate matter in excess of the most stringent of the following requirements:

   (i)  One hundred eighty milligrams per dry standard cubic meter--0.08 grains per dry standard cubic foot--corrected to 12% CO2 when stack tested in accordance with Chapter 139 (relating to sampling and testing).

   (ii)  One hundred eighty milligrams per dry standard cubic meter--0.08 grains per dry standard cubic foot--when corrected for the amount of oxygen in the stack gas according to the formula:

Where Pc is the corrected concentration of particulate matter, Pm is the measured concentration of particulate matter, and Y is the measured concentration of oxygen in the stack gas, using the Orsat method for oxygen analysis of dry flue gas, 40 CFR Part 60, Appendix A (Method 3) (relating to reference methods). This correction procedure is to be used by all hazardous waste incinerators except those operating under conditions of oxygen enrichment.

   (iii)  An alternate emission standards which the Department may require under § 141.1 (relating to imposing alternate standards) should particulate emissions of metals be inadequate to protect public health or ambient air quality standards as specified in Chapter 131 (relating to ambient air quality standards).

Subchapter S.  DRIP PADS

Sec.

264.500.Applicability.
264.501.Assessment of existing drip pad integrity.
264.502.Design and installation of new drip pads.
264.503.Design and operating requirements.
264.504.Inspections.
264.505.Closure.

§ 264.500.  Applicability.

   (a)  This subchapter applies to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation or surface water run-on to an associated collection system. Existing drip pads are those constructed before January 11, 1997.

   (b)  The owner or operator of a drip pad that is inside or under a structure that provides protection from precipitation so that neither runoff nor run-on is generated is not subject to § 264.503(e) or (f) (relating to design and operating requirements), as appropriate.

   (c)  This subchapter is not applicable to the management of infrequent and incidental drippage in storage yards if the owner or operator maintains and complies with a written contingency plan that describes how the owner or operator will respond immediately to the discharge of the infrequent and incidental drippage. At a minimum, the contingency plan shall describe how the owner or operator will do the following:

   (1)  Clean up the drippage.

   (2)  Document the cleanup of the drippage.

   (3)  Retain documents regarding cleanup for 3 years.

   (4)  Manage the contaminated media in a manner consistent with all applicable State and Federal law.

§ 264.501.  Assessment of existing drip pad integrity.

   (a)  For each existing drip pad as defined in § 264.500 (relating to applicability), the owner or operator shall evaluate the drip pad and determine that it meets the requirements of this subchapter. By April 11, 1997, the owner or operator shall obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by a qualified registered professional engineer that attests to the results of the evaluation. The assessment shall be reviewed, updated and recertified annually until the upgrades, repairs or modifications necessary to achieve compliance with § 264.503 (relating to design and operating requirements) are complete. The evaluation shall document the extent to which the drip pad meets each of the design and operating standards of § 264.503.

   (b)  By April 11, 1997, owners or operators of existing drip pads shall submit to the Department a written plan describing changes that are needed to bring the drip pad into compliance with § 264.503. The plan shall include a schedule not to exceed 3 years, for completing the changes to the drip pad. A qualified registered professional engineer shall review and certify the plan. The plan shall be implemented as approved by the Department in writing.

   (c)  Upon completion of repairs and modifications, the owner or operator shall submit to the Department the drawings for the drip pad as it was built together with a certification by a qualified registered professional engineer attesting that the drip pad conforms to the drawings.

   (d)  If the drip pad is leaking or unfit for use, the owner or operator shall comply with § 264.503(m) or close the drip pad in accordance with § 264.505 (relating to closure).

§ 264.502.  Design and installation of new drip pads.

   Owners and operators of new drip pads shall ensure that the pads are designed, installed and operated in accordance with one of the following:

   (1)  The requirements of §§ 264.503 (except subsection (a)(4)), 264.504 and 264.505 (relating to design and operating requirements; inspections; and closure).

   (2)  The requirements of §§ 264.503 (except subsection (b)), 264.504 and 264.505.

§ 264.503.  Design and operating requirements.

   (a)  Drip pads shall be one of the following:

   (1)  Constructed of nonearthern materials, excluding wood and nonstructurally supported asphalt, which shall:

   (i)  Be sloped to free-drain treated wood drippage, rain and other waters, or solutions of drippage and water or other wastes to the associated collection system.

   (ii)  Have a curb or berm around the perimeter.

   (iii)  Have a hydraulic conductivity of less than or equal to 1x107 centimeters per second. For example, existing concrete drip pads shall be sealed, coated or covered with a surface material with a hydraulic conductivity of less than or equal to 1x10-7 centimeters per second so that the entire surface where drippage occurs or may run across is capable of containing the drippage and mixtures of drippage and precipitation, materials or other wastes while being routed to an associated collection system. This surface material shall be maintained free of cracks and gaps that could adversely affect its hydraulic conductivity, and the material shall be chemically compatible with the preservatives that contact the drip pad. This paragraph applies only to existing drip pads and those drip pads for which the owner or operator elects to comply with this paragraph.

   (iv)  Be evaluated to document the extent to which the drip pad meets the design and operating standards of this paragraph. The owner or operator shall obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by a qualified registered professional engineer that attest to the results of the evaluation. The assessment shall be reviewed, updated and recertified annually.

   (v)  Be of sufficient structural strength and thickness to prevent failure due to physical contact, climatic conditions and the stress of daily operations--for example, variable and moving loads such as vehicle traffic, movement of wood, and the like.

   (2)  Constructed using a synthetic liner, a leakage detection system and a leakage collection system which meets the following requirements:

   (i)  A synthetic liner shall be installed below the drip pad that is designed, constructed and installed to prevent leakage from the drip pad into the adjacent subsurface soil or groundwater or surface water at any time during the active life--including the closure period--of the drip pad. The liner shall be:

   (A)  Constructed of materials that will prevent waste from being absorbed into the liner and to prevent releases into the adjacent subsurface soil or groundwater or surface water during the active life of the facility.

   (B)  Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or drip pad leakage to which they are exposed, climatic conditions, the stress of installation and the stress of daily operation, including stresses from vehicular traffic on the drip pad.

   (C)  Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression or uplift.

   (D)  Installed to cover all surrounding earth that could come in contact with the waste or leakage.

   (ii)  A leakage detection system shall be installed immediately above the liner that is designed, constructed, maintained and operated to detect leakage from the drip pad. The leakage detection system shall be:

   (A)  Constucted of materials that are:

   (I)  Chemically resistant to the waste managed in the drip pad and the leakage that might be generated.

   (II)  Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying materials and by equipment used at the drip pad.

   (B)  Designed and operated to function without clogging through the scheduled closure of the drip pad.

   (C)  Designed so that it will detect the failure of the drip pad or the presence of a release of hazardous waste or accumulated liquid at the earliest practicable time.

   (iii)  A leakage collection system shall be installed immediately above the liner that is designed, constructed, maintained and operated to collect leakage from the drip pad so that it can be removed from below the drip pad. The date, time and quantity of leakage collected in this system and removed shall be documented in the operating log.

   (b)  Drip pads and associated collection systems shall be maintained so that they remain free of cracks, gaps, corrosion or other deterioration that could cause hazardous waste to be released from the drip pad.

   (c)  The drip pad and associated collection system shall be designed and operated to convey, drain and collect liquid resulting from drippage or precipitation in order to prevent runoff.

   (d)  Unless the drip pad is protected by a structure, as described in § 264.500 (relating to applicability), the owner or operator shall design, construct, operate and maintain a run-on control system capable of preventing flow onto the drip pad during peak discharge from at least a 24-hour, 25-year storm, unless the system has sufficient excess capacity to contain run-on that might enter the system.

   (e)  Unless the drip pad is protected by a structure or cover as described in § 264.500(b), the owner or operator shall design, construct, operate and maintain a runoff management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.

   (f)  The drip pad shall be evaluated to determine that it meets the requirements of subsections (a)--(e) and the owner or operator shall obtain a statement from a qualified registered professional engineer certifying that the drip pad design meets the requirements of this section.

   (g)  Drippage and accumulated precipitation shall be removed from the associated collection system as necessary to prevent overflow onto the drip pad.

   (h)  The drip pad surface shall be cleaned thoroughly in a manner and frequency so that accumulated residues of hazardous waste or other materials are removed, with residues being properly managed as hazardous waste, so as to allow weekly inspections of the entire drip pad surface without interference or hindrance from accumulated residues of hazardous waste or other materials on the drip pad. The owner or operator shall document the date and time of each cleaning and the cleaning procedures used in the facility's operating log.

   (i)  Drip pads shall be operated and maintained in a manner to minimize tracking of hazardous waste or hazardous waste constituents off the drip pad as a result of activities by personnel or equipment.

   (j)  After being removed from the treatment vessel, treated wood from pressure and nonpressure processes shall be held on the drip pad until drippage has ceased. The owner or operator shall maintain records sufficient to document that all treated wood is held on the pad following treatment in accordance with this requirement.

   (k)  Collection and holding units associated with run-on and runoff control systems shall be emptied or otherwise managed as soon as possible after storms to maintain design capacity of the system.

   (l)  Throughout the active life of the drip pad and as specified in the permit, if the owner or operator detects a condition that may have caused or has caused a release of hazardous waste, the condition shall be repaired within a reasonably prompt time following discovery, in accordance with the following procedures:

   (1)  Upon detection of a condition that may have caused or has caused a release of hazardous waste--for example, upon detection of leakage in the leak detection system--the owner or operator shall:

   (i)  Enter a record of the discovery in the facility operating log.

   (ii)  Immediately remove the portion of the drip pad affected by the condition from service.

   (iii)  Determine what steps shall be taken to repair the drip pad, clean up any leakage from below the drip pad and establish a schedule for accomplishing the repairs.

   (iv)  Within 24 hours after discovery of the condition, notify the Department of the condition and, within 10 working days, provide written notice to the Department with a description of the steps that will be taken to repair the drip pad and clean up leakage, and the schedule for accomplishing this work.

   (2)  The Department will review the information submitted, make a determination regarding whether the pad has to be removed from service completely or partially until repairs and clean up are complete and notify the owner or operator of the determination and the underlying rationale in writing.

   (3)  Upon completing all repairs and clean up, the owner or operator shall notify the Department in writing and provide a certification signed by a qualified registered professional engineer, that the repairs and clean up have been completed according to the written plan submitted in accordance with paragraph (1)(iv).

   (m)  If a permit is necessary, the Department will specify in the permit all design and operating practices that are necessary to ensure that the requirements of this section are satisfied.

   (n)  The owner or operator shall maintain, as part of the facility operating log, documentation of past operating and waste handling practices. This shall include identification of preservative formulations used in the past, a description of drippage management practices and a description of treated wood storage and handling practices.

§ 264.504.  Inspections.

   (a)  During construction or installation, liners and cover systems--for example, membranes, sheets or coatings--shall be inspected for uniformity, damage and imperfections--for example, holes, cracks, thin spots or foreign materials. Immediately after construction or installation, liners shall be inspected and certified as meeting the requirements of § 264.503 (relating to design and operating requirements) by a qualified, registered professional engineer. This certification shall be maintained at the facility as part of the facility operating record. After installation, liners and covers shall be inspected to ensure tight seams and joints and the absence of tears, punctures or blisters.

   (b)  While a drip pad is in operation, it shall be inspected weekly and after storms to detect evidence of one or more of the following:

   (1)  Deterioration, malfunctions or improper operation of run-on and runoff control systems.

   (2)  The presence of leakage in and proper functioning of the leak detection system.

   (3)  Deterioration or cracking of the drip pad surface.

§ 264.505.  Closure.

   (a)  At closure, the owner or operator shall remove or decontaminate waste residues, contaminated containment system components--pad, liners, and the like--contaminated subsoils, and structures and equipment contaminated with waste and leakage, and manage them as hazardous waste.

   (b)  If, after removing or decontaminating residues and making reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures and equipment as required in subsection (a), the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, the owner or operator shall close the facility and perform postclosure care in accordance with closure and postclosure care requirements in § 264.310 (relating to closure and postclosure care). For permitted units, the requirement to have a permit continues throughout the postclosure period. For the purpose of closure, postclosure and financial responsibility, the drip pad is then considered to be landfill, and the owner or operator shall meet the requirements for landfills specified in Subchapters G and H (relating to closure and postclosure; and financial requirements).

   (c)  The owner or operator of an existing drip pad, as defined in § 264.500 (relating to applicability) that does not comply with the liner requirements of § 264.503(a)(2)(i) (relating to design and operating requirements) shall:

   (1)  Include in the closure plan for the drip pad under § 264.112 (relating to closure plan; amendment of plan) both a plan for complying with subsection (a) and a contingent plan for complying with subsection (b) in case not all contaminated subsoils can be practicably removed at closure.

   (2)  Prepare a contingent postclosure plan under § 264.118 (relating to postclosure plan; amendment of plan) for complying with subsection (b) in case not all contaminated subsoils can be practicably removed at closure.

   (d)  The cost estimates calculated under § 264.112 and § 264.114 (relating to disposal or decontamination of equipment, structures and soils) for closure and postclosure care of a drip pad shall include the cost of complying with the contingent closure plan and the contingent postclosure plan, but are not required to include the cost of expected closure under subsection (a).

Subchapter T.  CONTAINMENT BUILDINGS

Sec.

264.520.Applicability.
264.521.Design and operating standards.
264.522.Closure and postclosure care.

§ 264.520.  Applicability.

   This subchapter applies to owners or operators who store or treat hazardous waste in units designed and operated under § 264.521 (relating to design and operating standards). The owner or operator is not subject to the definition of ''land disposal'' in section 3004(k) of RCRA (42 U.S.C.A. § 6924(k)) if the unit:

   (1)  Is a completely enclosed, self-supporting structure that is designed and constructed of manmade materials of sufficient strength and thickness to support themselves, the waste contents, and personnel and heavy equipment that operate within the unit, and to prevent failure due to pressure gradients, settlement, compression or uplift, physical contact with the hazardous wastes to which they are exposed; climatic conditions; and the stresses of daily operation, including the movement of heavy equipment within the unit and contact of the equipment with containment walls.

   (2)  Has a primary barrier that is designed to be sufficiently durable to withstand the movement of personnel, wastes and handling equipment within the unit.

   (3)  Is used to manage liquids, and has:

   (i)  A primary barrier designed and constructed of materials to prevent migration of hazardous constituents into the barrier.

   (ii)  A liquid collection system designed and constructed of materials to minimize the accumulation of liquid on the primary barrier.

   (iii)  A secondary containment system designed and constructed of materials to prevent migration of hazardous constituents into the barrier, with a leak detection and liquid collection system capable of detecting, collecting and removing leaks of hazardous constituents at the earliest practicable time, unless the unit has been granted a variance from the secondary containment system requirements.

   (4)  Has controls sufficient to prevent fugitive dust emissions to meet the no visible emission standard in § 264.521(d)(1)(iv).

   (5)  Is designed and operated to ensure containment and prevent the tracking of materials from the unit by personnel or equipment.

§ 264.521.  Design and operating standards.

   (a)  Containment buildings shall comply with the following design standards:

   (1)  The containment building shall be completely enclosed with a floor, walls and a roof to prevent exposure to the elements (such as precipitation, wind, run-on) and to assure containment of managed wastes.

   (2)  The floor and containment walls of the unit, including the secondary containment system if required under subsection (b), shall be designed and constructed of materials of sufficient strength and thickness to support themselves, the waste contents, and personnel and heavy equipment that operate within the unit, and to prevent failure due to pressure gradients, settlement, compression, or uplift, physical contact with the hazardous wastes to which they are exposed; climatic conditions; and the stresses of daily operation, including the movement of heavy equipment within the unit and contact of the equipment with containment walls. The unit shall be designed so that it has sufficient structural strength to prevent collapse or other failure. Surfaces to be in contact with hazardous wastes shall be chemically compatible with those wastes. The Department will consider standards established by professional organizations generally recognized by the industry, such as the American Concrete Institute (ACI) and the American Society of Testing Materials (ASTM) in judging the structural integrity requirements of this paragraph. If appropriate to the nature of the waste management operation to take place in the unit, an exception to the structural strength requirement may be made for light weight doors and windows that meet the following criteria:

   (i)  They provide an effective barrier against fugitive dust emissions under subsection (d)(1)(iv).

   (ii)  The unit is designed and operated in a fashion that assures that wastes will not actually come in contact with these openings.

   (3)  Incompatible hazardous wastes or treatment reagents may not be placed in the unit or its secondary containment system if they could cause the unit or secondary containment system to leak, corrode or otherwise fail.

   (4)  A containmment building shall have a primary barrier designed to withstand the movement of personnel, waste and handling equipment in the unit during the operating life of the unit and appropriate for the physical and chemical characteristics of the waste to be managed.

   (b)  For a containment building used to manage hazardous wastes containing free liquids or treated with free liquids--the presence of which is determined by the paint filter test, a visual examination or other appropriate means--the owner or operator shall include:

   (1)  A primary barrier designed and constructed of materials to prevent the migration of hazardous constituents into the barrier; for example, a geomembrane covered by a concrete wear surface.

   (2)  A liquid collection and removal system to minimize the accumulation of liquid on the primary barrier of the containment building in which:

   (i)  The primary barrier shall be sloped to drain liquids to the associated collection system.

   (ii)  Liquids and waste shall be collected and removed to minimize hydraulic head on the containment system at the earliest practicable time.

   (3)  A secondary containment system including a secondary barrier designed and constructed to prevent migration of hazardous constituents into the barrier, and a leak detection system that is capable of detecting failure of the primary barrier and collecting accumulated hazardous wastes and liquids at the earliest practicable time.

   (i)  The requirements of the leak detection component of the secondary containment system are satisfied by installation of a system that is, at a minimum:

   (A)  Constructed with a bottom slope of 1% or more.

   (B)  Constructed of a granular drainage material with a permeability of 1x10-2 cm/sec or more and a thickness of 12 inches (30.5 centimeters) or more, or constructed of synthetic or geonet drainage materials with a transmissivity of 3x10-5 M2/sec or more.

   (ii)  If treatment is to be conducted in the building, the area in which the treatment will be conducted shall be designed to prevent the release of liquids, wet materials or liquid aerosols to other portions of the building.

   (iii)  The secondary containment system shall be constructed of materials that are chemically resistant to the waste and liquids managed in the containment building and of sufficient strength and thickness to prevent collapse under the pressure exerted by overlaying materials and by equipment used in the containment building. Containment buildings can serve as secondary containment systems for tanks placed within the building under the following conditions:

   (A)  A containment building can serve as an external liner system for a tank, if it meets the requirements of § 264.193(d)(1) (relating to secondary containment).

   (B)  The containment building shall meet the requirements of § 264.193(b) and (c) to be considered an acceptable secondary containment system for a tank.

   (c)  For existing units other than 90-day generator units, the Department may delay the secondary containment requirement for up to 2 years, based on a demonstration by the owner or operator that the unit substantially meets the standards of this subchapter. In making this demonstration, the owner or operator shall:

   (1)  Provide written notice to the Department by July 11, 1997. This notification shall describe the unit and its operating practices with specific reference to the performance of existing containment systems, and specific plans for retrofitting the unit with secondary containment.

   (2)  Respond to comments from the Department on these plans within 30 days.

   (3)  Fulfill the terms of the revised plans, if the plans are approved by the Department.

   (d)  Owners or operators of containment buildings shall:

   (1)  Use controls and practices to ensure containment of the hazardous waste within the unit, and, at a minimum:

   (i)  Maintain the primary barrier to be free of significant cracks, gaps, corrosion or other deterioration that could cause hazardous waste to be released from the primary barrier.

   (ii)  Maintain the level of the stored/treated hazardous waste within the containment walls of the unit so that the height of a containment wall is not exceeded.

   (iii)  Take measures to prevent the tracking of hazardous waste out of the unit by personnel or by equipment used in handling the waste. An area shall be designated to decontaminate equipment and rinsate shall be collected and properly managed.

   (iv)  Take measures to control fugitive dust emissions so that openings (doors, windows, vents, cracks and the like) exhibit no visible emissions--see §§ 123.1 and 123.2 (relating to prohibition of certain fugitive emissions; and fugitive particulate matter). In addition, associated particulate collection devices--for example, fabric filter, electrostatic precipitator--shall be operated and maintained with sound air pollution control practices. This state of no visible emissions shall be maintained effectively at all times during routine operating and maintenance conditions, including when vehicles and personnel are entering and exiting the unit.

   (2)  Obtain certification by a qualified registered professional engineer that the containment building design meets the requirements of subsections (a)--(c). For units placed into operation prior to January 11, 1997, this certification shall be placed in the facility's operating record--onsite files for generators who are not formally required to have operating records--no later than 60 days after the date of initial operation of the unit. After January 11, 1997, professional engineer certification will be required prior to operation of the unit.

   (3)  Throughout the active life of the containment building, if the owner or operator detects a condition that could lead to or has caused a release of hazardous waste, repair the condition promptly, in accordance with the following procedures:

   (i)  Upon detection of a condition that has led to a release of hazardous waste (for example, upon detection of leakage from the primary barrier) the owner or operator shall:

   (A)  Enter the discovery in the facility operating records.

   (B)  Immediately remove the portion of the containment building affected by the condition from service.

   (C)  Determine what steps have to be taken to repair the containment building, remove leakage from the secondary collection system and establish a schedule for accomplishing the cleanup and repairs.

   (D)  Within 7 days after the discovery of the condition, notify the Department of the condition, and within 14 working days, provide a written notice to the Department with a description of the steps taken to repair the containment building, and the schedule for accomplishing the work.

   (ii)  The Department will review the information submitted, make a determination regarding whether the containment building shall be removed from service completely or partially until repairs and cleanup are complete and notify the owner or operator of the determination and the underlying rationale in writing.

   (iii)  Upon completing repairs and cleanup the owner or operator shall notify the Department in writing and provide a verification, signed by a qualified, registered professional engineer, that the repairs and cleanup have been completed according to the written plan submitted in accordance with paragraph (3)(i)(D).

   (4)  Inspect and record in the facility's operating record, at least once every 7 days, data gathered from monitoring equipment and leak detection equipment as well as the containment building and the area immediately surrounding the containment building to detect signs of releases of hazardous waste.

   (e)  For containment buildings that contain areas both with and without secondary containment, the owner or operator shall:

   (1)  Design and operate each area in accordance with the requirements in subsections (a)--(d).

   (2)  Take measures to prevent the release of liquids or wet materials into areas without secondary containment.

   (3)  Maintain in the facility's operating record a written description of the operating procedures used to maintain the integrity of areas without secondary containment.

   (f)  Notwithstanding any other provision of this subchapter, the Department may waive requirements for secondary containment for a permitted containment building when the owner or operator demonstrates that the only free liquids in the unit are limited amounts of dust suppression liquids required to meet occupational health and safety requirements, and when containment of managed wastes and liquids can be assured without a secondary containment system.

§ 264.522.  Closure and postclosure care.

   (a)  At closure of a containment building, the owner or operator shall remove or decontaminate waste residues, contaminated containment system components including liners, contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless § 261.3(d) (relating to definition of hazardous waste) applies. The closure plan, closure activities, cost estimate for closure and financial responsibility for containment buildings shall meet the requirements specified in Subchapters G and H (relating to closure and postclosure; and financial requirements).

   (b)  If, after removing or decontaminating residues and making reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures and equipment as required in subsection (a), the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, the owner or operator shall close the facility and perform postclosure care in accordance with the closure and postclosure requirements that apply to landfills under § 264.310 (relating to closure and postclosure care). In addition, for the purposes of closure, postclosure and financial responsibility, such a containment building is then considered to be a landfill, and the owner or operator shall meet the requirements for landfills specified in Subchapters G and H.

Subchapter U.  MISCELLANEOUS UNITS

Sec.

264.600.Applicability.
264.601.Environmental performance standards.
264.602.Monitoring, analysis, inspection, response, reporting and corrective action.

§ 264.600.  Applicability.

   This subchapter applies to owners and operators of facilities that treat, store or dispose of hazardous waste in miscellaneous units, except as provided in § 264.1 (relating to scope).

§ 264.601.  Environmental performance standards.

   A miscellaneous unit shall be located, designed, constructed, operated, maintained and closed in a manner that will ensure protection of human health and the environment. Permits for miscellaneous units shall contain terms and provisions as necessary to protect human health and the environment, including, but not limited to, design and operating requirements, detection and monitoring requirements and requirements for responses to releases of hazardous waste or hazardous constituents from the unit. Permit terms and provisions shall include the requirements of Subpart C, Article III; Subchapters I--O; and Chapter 270, that are appropriate for the miscellaneous unit being permitted. Protection of human health and the environment includes, but is not limited to:

   (1)  Prevention of releases that may have adverse effects on human health or the environment due to migration of waste constituents in the groundwater or subsurface environment, considering:

   (i)  The volume and physical and chemical characteristics of the waste in the unit, including its potential for migration through soil, liners or other containing structures.

   (ii)  The hydrologic and geologic characteristics of the unit and the surrounding area.

   (iii)  The existing quality of groundwater, including other sources of contamination and their cumulative impact on the groundwater.

   (iv)  The quantity and direction of groundwater flow.

   (v)  The proximity to and withdrawal rates of current and potential groundwater users.

   (vi)  The patterns of land use in the region.

   (vii)  The potential for deposition or migration of waste constituents into subsurface physical structures and into the root zone of food chain crops and other vegetation.

   (viii)  The potential for health risks caused by human exposure to waste constituents.

   (ix)  The potential for damage to domestic animals, wildlife, crops, vegetation and physical structures caused by exposure to waste constituents.

   (2)  Prevention of releases that may have adverse effects on human health or the environment due to migration of waste constituents in surface water, or wetlands or on the soil surface considering the following:

   (i)  The volume and physical and chemical characteristics of the waste in the unit.

   (ii)  The effectiveness and reliability of containing, confining and collecting systems and structures in preventing migration.

   (iii)  The hydrologic characteristics of the unit and the surrounding area, including the topography of the land around the unit.

   (iv)  The patterns of precipitation in the region.

   (v)  The quantity, quality and direction of groundwater flow.

   (vi)  The proximity of the unit to surface waters.

   (vii)  The current and potential uses of nearby surface waters and water quality standards established for those surface waters.

   (viii)  The existing quality of surface waters and surface soils, including other sources of contamination and their cumulative impact on surface waters and surface soils.

   (ix)  The patterns of land use in the region.

   (x)  The potential for health risks caused by human exposure to waste constituents.

   (xi)  The potential for damage to domestic animals, wildlife, crops, vegetation and physical structures caused by exposure to waste constituents.

   (3)  Prevention of a release that may have adverse effects on human health or the environment due to migration of waste constituents in the air, considering the following:

   (i)  The volume and physical and chemical characteristics of the waste in the unit, including its potential for the emission and dispersal of gases, aerosols and particulates.

   (ii)  The effectiveness and reliability of systems and structures to reduce or prevent emissions of hazardous constituents to the air.

   (iii)  The operating characteristics of the unit.

   (iv)  The atmospheric, meteorologic and topographic characteristics of the unit and the surrounding area.

   (v)  The existing quality of the air, including other sources of contamination and their cumulative impact on the air.

   (vi)  The potential for health risks caused by human exposure to waste constituents.

   (vii)  The potential for damage to domestic animals, wildlife, crops, vegetation and physical structures caused by exposure to waste constituents.

§ 264.602.  Monitoring, analysis, inspection, response, reporting and corrective action.

   Monitoring, testing, analytical data, inspections, response and reporting procedures and frequencies shall ensure compliance with §§ 264.15, 264.33, 264.75, 264.77 and 264.601 as well as meet additional requirements needed to protect human health and the environment as specified in the permit.

§ 264.603.  Postclosure care.

   A miscellaneous unit that is a disposal unit shall be maintained in a manner that complies with § 264.601 (relating to environmental performance standards) during the postclosure care period. If a treatment or storage unit has contaminated soils or groundwater that cannot be completely removed or decontaminated during closure, that unit shall also meet the requirements of § 264.601 during postclosure care. The postclosure plan under § 264.118 (relating to postclosure plan; amendment of plan) shall specify the procedures that will be used to satisfy this requirement.

CHAPTER 265.  INTERIM STATUS STANDARDS FOR HAZARDOUS WASTE MANAGEMENT FACILITIES AND PERMIT PROGRAM FOR NEW AND EXISTING HAZARDOUS WASTE MANAGEMENT FACILITIES

Subchapter A.  GENERAL

§ 265.1.  Scope.

   (a)  This chapter establishes minimum acceptable standards for management of hazardous waste as defined in Chapter 261 (relating to criteria, identification and listing of hazardous waste) during the period of interim status and until certification of final closure or, if the facility is subject to postclosure requirements, until postclosure responsibilities are fulfilled.

   (b)  This chapter applies to owners and operators of facilities that treat, store or dispose of hazardous waste who have fully complied with the requirements for interim status until either a permit is issued under this article or until applicable closure and postclosure responsibilities are fulfilled, unless otherwise specified in this chapter or in Chapter 261. This chapter also applies to an owner or operator of a facility in existence on November 19, 1980, who failed to provide timely notification as required by § 261.41 (relating to notification of hazardous waste activities) or failed to file a timely Part A of the permit application as required by this article.

*      *      *      *      *

Subchapter B.  GENERAL FACILITY STANDARDS

§ 265.11.  Identification numbers.

   (a)  A person or municipality who owns or operates a hazardous waste management facility may not accept hazardous waste for treatment, storage or disposal without having received an identification number from the EPA and may not accept hazardous waste from a transporter who has not received an identification number from the EPA and a license from the Department, except as otherwise provided. This subsection does not apply to acceptance of waste generated by a small quantity generator or by a conditionally exempt small quantity generator transporting its own waste.

   (b)  An owner or operator of a hazardous waste management facility who has not received an identification number may obtain one by applying to the EPA using the notification form.

   (c)  An identification number received as a result of notification to the the EPA under section 3010 of RCRA will be deemed to satisfy the requirements of this section when furnished to the Department upon request.

§ 265.12.  General requirements for hazardous waste management approvals and analyses of specific waste from a specific generator.

   (a)  Except as provided in subsections (e) and (f), before an owner or operator treats, stores or disposes of a specific hazardous waste from a specific generator for the first time, the operator shall submit to the Department for approval, on a form provided by the Department, a Module I report which the owner or operator shall retain for 20 years. The Module I report shall include the following:

   (1)  A detailed chemical and physical analysis of the waste.

   (2)  A description of the waste and the process generating the waste.

   (3)  The name and address of the HWM facility.

   (4)  A description of the HWM facility's treatment, storage and disposal methods.

   (5)  Results of liner compatibility testing.

   (6)  An assessment of the impact of the waste on the HWM facility.

   (7)  A copy of the generator's source reduction strategy unless exempted under § 262.80(e) (relating to source reduction strategy).

   (8)  Other information which the Department may prescribe for the Department to determine whether the waste will be treated, stored or disposed of in accordance with this chapter. The chemical and physical analysis of the waste shall be repeated under one or more of the following circumstances:

   (i)  When necessary to ensure that it is accurate and up-to-date.

   (ii)  When the owner or operator is notified, or has reason to believe, that the process or operation generating the hazardous waste has changed.

   (iii)  When the results of the inspection or analysis, or both, of each hazardous waste for offsite facilities or onsite facilities receiving hazardous waste from offsite sources indicates that the waste received at the facility does not match the description of waste on the accompanying manifest or shipping paper.

   (b)  The owner or operator of an offsite facility or an onsite facility receiving hazardous waste from offsite sources shall inspect and, if necessary, analyze each hazardous waste at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.

   (c)  The owner or operator shall develop and follow a written waste analysis plan which shall be submitted to the Department for approval at the time in the application process the Department prescribes. The plan shall be retained at the facility. At a minimum, the plan shall specify:

   (1)  The parameters for which each hazardous waste will be analyzed and the rationale for the selection of these parameters.

   (2)  The test methods which will be used to test for these parameters.

   (3)  The sampling methods which will be used to obtain a representative sample of the waste to be analyzed. A representative sample may be obtained using one of the following:

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