440 CFR Part 264 -- STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
Subpart A -- General
§264.1 Purpose, scope and applicability.
(a) The purpose of this part is to establish minimum national standards which define the
acceptable management of hazardous waste.
(b) The standards in this part apply to owners and operators of all facilities which
treat, store, or dispose of hazardous waste, except as specifically provided otherwise in
this Part or Part 261 of this chapter.
(c) The requirements of this part apply to a person disposing of hazardous waste by means
of ocean disposal subject to a permit issued under the Marine Protection, Research, and
Sanctuaries Act only to the extent they are included in a RCRA permit by rule granted to
such a person under Part 270 of this chapter.
(Comment: These Part 264 regulations do apply to the treatment or storage of hazardous
waste before it is loaded onto an ocean vessel for incineration or disposal at sea.)
(d) The requirements of this part apply to a person disposing of hazardous waste by means
of underground injection subject to a permit issued under an Underground Injection Control
(UIC) program approved or promulgated under the Safe Drinking Water Act only to the extent
they are required by §144.14 of this chapter.
(Comment: These Part 264 regulations do apply to the above-ground treatment or storage of
hazardous waste before it is injected underground.)
(e) The requirements of this part apply to the owner or operator of a POTW which treats,
stores, or disposes of hazardous waste only to the extent they are included in a RCRA
permit by rule granted to such a person under Part 270 of this chapter.
(f) The requirements of this part do not apply to a person who treats, stores, or disposes
of hazardous waste in a State with a RCRA hazardous waste program authorized under subpart
A of Part 271 of this chapter, or in a State authorized under subpart B of Part 271 of
this chapter for the component or components of Phase II interim authorization which
correspond to the person's treatment, storage or disposal processes; except that this part
will apply:
(1) As stated in paragraph (d) of this section, if the authorized State RCRA program does
not cover disposal of hazardous waste by means of underground injection; and
(2) To a person who treats, stores or disposes of hazardous waste in a State authorized
under subpart A of Part 271 of this chapter, at a facility which was not covered by
standards under this part when the State obtained authorization, and for which EPA
promulgates standards under this part after the State is authorized. This paragraph will
only apply until the State is authorized to permit such facilities under subpart A of Part
271 of this chapter.
(3) To a person who treats, stores, or disposes of hazardous waste in a State which is
authorized under subpart A or B of Part 271 of this chapter if the State has not been
authorized to carry out the requirements and prohibitions applicable to the treatment,
storage, or disposal of hazardous waste at his facility which are imposed pursuant to the
Hazardous and Solid Waste Amendments of 1984. The requirements and prohibitions that are
applicable until a State receives authorization to carry them out include all Federal
program requirements identified in §271.1(j).
(g) The requirements of this part do not apply to:
(1) The owner or operator of a facility permitted, licensed, or registered by a State to
manage municipal or industrial solid waste, if the only hazardous waste the facility
treats, stores, or disposes of is excluded from regulation under this part by §261.5 of
this chapter;
(2) The owner or operator of a facility managing recyclable materials described in
§261.6(a) (2) 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).
(3) A generator accumulating waste on-site in compliance with §262.34 of this chapter;
(4) A farmer disposing of waste pesticides from his own use in compliance with §262.70 of
this chapter; or
(5) The owner or operator of a totally enclosed treatment facility, as defined in
§260.10.
(6) The owner or operator of an elementary neutralization unit or a wastewater treatment
unit as defined in §260.10 of this chapter.
(7) (Reserved)
(8)(i) Except as provided in paragraph (g)(8)(ii) of this section, a person engaged in
treatment or containment activities during immediate response to any of the following
situations:
(A) A discharge of a hazardous waste;
(B) An imminent and substantial threat of a discharge of hazardous waste;
(C) A discharge of a material which, when discharged, becomes a hazardous waste.
(ii) An owner or operator of a facility otherwise regulated by this part must comply with
all applicable requirements of subparts C and D.
(iii) Any person who is covered by paragraph (g)(8)(i) of this section and who continues
or initiates hazardous waste treatment or containment activities after the immediate
response is over is subject to all applicable requirements of this part and Parts 122
through 124 of this chapter for those activities.
(9) A transporter storing manifested shipments of hazardous waste in containers meeting
the requirements of 40 CFR §262.30 at a transfer facility for a period of ten days or
less.
(10) The addition of absorbent material to waste in a container (as defined in §260.10 of
this chapter) or the addition of waste to absorbent material in a container, provided that
these actions occur at the time waste is first placed in the container; and §§264.17(b),
264.171, and 264.172 are complied with.
(h) The requirements of this part apply to owners or operators of all facilities which
treat, store, or dispose of hazardous wastes referred to in Part 268. (45 FR 33221, May
19, 1980, as amended at 45 FR 76075, Nov. 17, 1980; 45 FR 86968, Dec. 31, 1980; 46 FR
27480, May 20, 1981; 47 FR 8306, Feb. 25, 1982; 47 FR 32384, July 26, 1982; 48 FR 2511,
Jan. 19, 1983; 48 FR 14294, Apr. 1, 1983; 50 FR 665, Jan. 4, 1985; 50 FR 28746, July 15,
1985; 52 FR 21016, June 4, 1987; 53 FR 27165, July 19, 1988)
§264.2 (Reserved)
§264.3 Relationship to interim status standards.
A facility owner or operator who has fully complied with the requirements for interim
status -- as defined in section 3005(e) of RCRA and regulations under §270.70 of this
chapter -- must comply with the regulations specified in Part 265 of this chapter in lieu
of the regulations in this part, until final administrative disposition of his permit
application is made.
(Comment: As stated in section 3005(a) of RCRA, after the effective date of regulations
under that section, i.e., Parts 270 and 124 of this chapter, the treatment, storage, or
disposal of hazardous waste is prohibited except in accordance with a permit. Section
3005(e) of RCRA provides for the continued operation of an existing facility which meets
certain conditions until final administrative disposition of the owner's or operator's
permit application is made.)
(45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983)
§264.4 Imminent hazard action.
Notwithstanding any other provisions of these regulations, enforcement actions may be
brought pursuant to section 7003 of RCRA.
§264.10 Applicability.
(a) The regulations in this subpart apply to owners and operators of all hazardous waste
facilities, except as provided in §264.1 and in paragraph (b) of this section.
(b) Section 264.18(b) applies only to facilities subject to regulation under subparts I
through O and subpart X of this part.
(46 FR 2848, Jan. 12, 1981, as amended at 52 FR 46963, Dec. 10, 1987)
Subpart B -- General Facility Standards
§264.11 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).
(Approved by the Office of Management and Budget under control number 2050-0028)
(45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985)
§264.12 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 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) The owner or operator of a facility that receives hazardous waste from an off-site
source (except where the owner or operator is also the generator) must inform the
generator in writing that he has the appropriate permit(s) for, and will accept, the waste
the generator is shipping. The owner or operator must keep a copy of this written notice
as part of the operating record.
(c) Before transferring ownership or operation of a facility during its operating life, or
of a disposal facility during the post-closure care period, the owner or operator must
notify the new owner or operator in writing of the requirements of this part and Part 270
of this chapter.
(Comment: An owner's or operator's failure to notify the new owner or operator of the
requirements of this part in no way relieves the new owner or operator of his obligation
to comply with all applicable requirements.)
(Approved by the Office of Management and Budget under control number 2050-0012)
(45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 50 FR 4514, Jan. 31,
1985)
§264.13 General waste analysis.
(a)(1) Before an owner or operator treats, stores, or disposes of any hazardous wastes, or
nonhazardous wastes if applicable under §264.113(d), he must obtain a detailed chemical
and physical analysis of a representative sample of the wastes. At a minimum, the analysis
must contain all the information which must be known to treat, store, or dispose of the
waste in accordance with this part and Part 268 of this chapter.
(2) The analysis may include data developed under Part 261 of this chapter, and existing
published or documented data on the hazardous waste or on hazardous waste generated from
similar processes.
(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
(3) The analysis must be repeated as necessary to ensure that it is accurate and up to
date. At a minimum, the analysis must be repeated:
(i) When the owner or operator is notified, or has reason to believe, that the process or
operation generating the hazardous wastes, or non-hazardous wastes if applicable under
264.113(d), has changed; and
(ii) For off-site facilities, when the results of the inspection required in paragraph
(a)(4) of this section indicate that the hazardous waste received at the facility does not
match the waste designated on the accompanying manifest or shipping paper.
(4) The owner or operator of an off-site facility must inspect and, if necessary, analyze
each hazardous waste movement received at the facility to determine whether it matches the
identity of the waste specified on the accompanying manifest or shipping paper.
(b) The owner or operator must develop and follow a written waste analysis plan which
describes the procedures which he will carry out to comply with paragraph (a) of this
section. He must keep this plan at the facility. At a minimum, the plan must specify:
(1) The parameters for which each hazardous waste, or non-hazardous waste if applicable
under §264.113(d), will be analyzed and the rationale for the selection of these
parameters (i.e., how analysis for these parameters will provide sufficient information on
the waste's properties to comply with paragraph (a) of this section);
(2) The test methods which will be used to test for these parameters;
(3) The sampling method which will be used to obtain a representative sample of the waste
to be analyzed. A representative sample may be obtained using either:
(i) One of the sampling methods described in appendix I of Part 261 of this chapter; or
(ii) An equivalent sampling method.
(Comment: See §260.21 of this chapter for related discussion.)
(4) The frequency with which the initial analysis of the waste will be reviewed or
repeated to ensure that the analysis is accurate and up to date; and
(5) For off-site facilities, the waste analyses that hazardous waste generators have
agreed to supply.
(6) Where applicable, the methods that will be used to meet the additional waste analysis
requirements for specific waste management methods as specified in §§264.17, 264.314,
264.341, 264.1034(d), 264.1063(d), and 268.7 of this chapter.
(7) For surface impoundments exempted from land disposal restrictions under §268.4(a),
the procedures and schedules for:
(i) The sampling of impoundment contents;
(ii) The analysis of test data; and,
(iii) The annual removal of residues which are not delisted under §260.22 of this chapter
or which exhibit a characteristic of hazardous waste and either:
(A) Do not meet applicable treatment standards of Part 268, subpart D; or
(B) Where no treatment standards have been established;
(1) Such residues are prohibited from land disposal under §268.32 or RCRA section
3004(d); or
(2) Such residues are prohibited from land disposal under §268.33(f).
(c) For off-site facilities, the waste analysis plan required in paragraph (b) of this
section must also specify the procedures which will be used to in-spect and, if necessary,
analyze each movement of hazardous waste received at the facility to ensure that it
matches the 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.
(Comment: Part 270 of this chapter requires that the waste analysis plan be submitted with
Part B of the permit application.)
(Approved by the Office of Management and Budget under control number 2050-0012)
(45 FR 33221, May 19, 1980, as amended at 46 FR 2848, Jan. 12, 1981; 50 FR 4514, Jan. 31,
1985; 51 FR 40637, Nov. 7, 1986; 53 FR 31211, Aug. 17, 1988; 54 FR 33394, Aug. 14, 1989;
55 FR 22685, June 1, 1990; 55 FR 25494, June 21, 1990; 57 FR 8088, Mar. 6, 1992)
§264.14 Security.
(a) The owner or operator must prevent the unknowing entry, and minimize the possibility
for the unauthorized entry, of persons or livestock onto the active portion of his
facility, unless he can demonstrate to the Regional Administrator that:
(1) Physical contact with the waste, structures, or equipment within the active portion of
the facility will not injure unknowing or unauthorized persons or livestock which may
enter the active portion of a facility; and
(2) Disturbance of the waste or equipment, by the unknowing or unauthorized entry of
persons or livestock onto the active portion of a facility, will not cause a violation of
the requirements of this part.
(Comment: Part 270 of this chapter requires that an owner or operator who wishes to make
the demonstration referred to above must do so with Part B of the permit application.)
(b) Unless the owner or operator has made a successful demonstration under paragraphs
(a)(1) and (2) of this section, a facility must have:
(1) A 24-hour surveillance system (e.g., television monitoring or surveillance by guards
or facility personnel) which continuously monitors and controls entry onto the active
portion of the facility; or
(2)(i) An artificial or natural barrier (e.g., a fence in good repair or a fence combined
with a cliff), which completely surrounds the active portion of the facility; and
(ii) A means to control entry, at all times, through the gates or other entrances to the
active portion of the facility (e.g., an attendant, television monitors, locked entrance,
or controlled roadway access to the facility).
(Comment: The requirements of paragraph (b) of this section are satisfied if the facility
or plant within which the active portion is located itself has a surveillance system, or a
barrier and a means to control entry, which complies with the requirements of paragraph
(b)(1) or (2) of this section.)
(c) Unless the owner or operator has made a successful demonstration under paragraphs
(a)(1) and (2) of this section, a sign with the legend, "Danger -- Unauthorized
Personnel Keep Out'', must be posted at each entrance to the active portion of a facility,
and at other locations, in sufficient numbers to be seen from any approach to this active
portion. The legend must be written in English and in any other language predominant in
the area surrounding the facility (e.g., facilities in counties bordering the Canadian
province of Quebec must post signs in French; facilities in counties bordering Mexico must
post signs in Spanish), and must be legible from a distance of at least 25 feet. Existing
signs with a legend other than "Danger -- Unauthorized Personnel Keep Out'' may be
used if the legend on the sign indicates that only authorized personnel are allowed to
enter the active portion, and that entry onto the active portion can be dangerous.
(Comment: See §264.117(b) for discussion of security requirements at disposal facilities
during the post-closure care period.)
(Approved by the Office of Management and Budget under control number 2050-0012)
(45 FR 33221, May 19, 1980, as amended at 46 FR 2848, Jan. 12, 1981; 48 FR 14294, Apr. 1,
1983; 50 FR 4514, Jan. 31, 1985)
§264.15 General inspection requirements.
(a) The owner or operator must inspect his facility for malfunctions and deterioration,
operator errors, and discharges which may be causing -- or may lead to -- (1) release of
hazardous waste constituents to the environment or (2) a threat to human health. The owner
or operator must conduct these inspections often enough to identify problems in time to
correct them before they harm human health or the environment.
(b)(1) The owner or operator must develop and follow a written schedule for inspecting
monitoring equipment, safety and emergency equipment, security devices, and operating and
structural equipment (such as dikes and sump pumps) that are important to preventing,
detecting, or responding to environmental or human health hazards.
(2) He must keep this schedule at the facility.
(3) The schedule must identify the types of problems (e.g., malfunctions or deterioration)
which are to be looked for during the inspection (e.g., inoperative sump pump, leaking
fitting, eroding dike, etc.).
(4) The frequency of inspection may vary for the items on the schedule. However, it 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 any operator
error goes undetected between inspections. Areas subject to spills, such as loading and
unloading areas, must be inspected daily when in use. At a minimum, the inspection
schedule must include the items and frequencies called for in §§264.174, 264.193,
264.195, 264.226, 264.254, 264.278, 264.303, 264.347, 264.602, 264.1033, 264.1052,
264.1053, and 264.1058, where applicable.
(Comment: Part 270 of this chapter requires the inspection schedule to be submitted with
Part B of the permit application. EPA will evaluate the schedule along with the rest of
the application to ensure that it adequately protects human health and the environment. As
part of this review, EPA may modify or amend the schedule as may be necessary.)
(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.
(Approved by the Office of Management and Budget under control number 2050-0012)
(45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 50 FR 4514, Jan. 31,
1985; 57 FR 3486, Jan. 29, 1992)
Effective Date Note: At 57 FR 3486, Jan. 29, 1992, 264.15 was amended by revising
paragraph (b)(4), effective July 29, 1992. For the convenience of the reader, the
superseded text is set forth below:
§264.15 General inspection requirements.
* * * * *
(b) * * *
(4) The frequency of inspection may vary for the items on the schedule. However, it should
be based on the rate of possible deterioration of the equipment and the probability of an
environmental or human health incident if the deterioration or malfunction of any operator
error goes undetected between inspections. Areas subject to spills, such as loading and
unloading areas, must be inspected daily when in use. At a minimum, the inspection
schedule must include the terms and frequencies called for in §§264.174, 264.194,
264.226, 264.253, 264.254, 264.303, 264.347, 264.602, 264.1033, 264.1052, 264.1053, and
264.1058, where applicable.
* * * * *
§264.16 Personnel training.
(a)(1) Facility personnel must successfully complete a program of classroom instruction or
on-the-job training that teaches them to perform their duties in a way that ensures the
facility's compliance with the requirements of this part. The owner or operator must
ensure that this program includes all the elements described in the document required
under paragraph (d)(3) of this section.
(Comment: Part 270 of this chapter requires that owners and operators submit with Part B
of the RCRA permit application, an outline of the training program used (or to be used) at
the facility and a brief description of how the training program is designed to meet
actual job tasks.)
(2) This program must be directed by a person trained in hazardous waste management
procedures, and must include instruction which teaches facility personnel hazardous waste
management procedures (including contingency plan implementation) relevant to the
positions in which they are employed.
(3) At a minimum, the training program must be designed to ensure that facility personnel
are able to respond effectively to emergencies by familiarizing them with emergency
procedures, emergency equipment, and emergency systems, including, where applicable:
(i) Procedures for using, inspecting, repairing, and replacing facility emergency and
monitoring equipment;
(ii) Key parameters for automatic waste feed cut-off systems;
(iii) Communications or alarm systems;
(iv) Response to fires or explosions;
(v) Response to ground-water contamination incidents; and
(vi) Shutdown of operations.
(b) Facility personnel must successfully complete the program required in paragraph (a) of
this section within six months after the effective date of these regulations or six months
after the date of their employment or assignment to a facility, or to a new position at a
facility, whichever is later. Employees hired after the effective date of these
regulations must not work in unsupervised positions until they have completed the training
requirements of paragraph (a) of this section.
(c) Facility personnel must take part in an annual review of the initial training required
in paragraph (a) of this section.
(d) The owner or operator must maintain the following documents and records at the
facility:
(1) The job title for each position at the facility related to hazardous waste management,
and the name of the employee filling each job;
(2) A written job description for each position listed under paragraph (d)(1) of this
section. This description may be consistent in its degree of specificity with descriptions
for other similar positions in the same company location or bargaining unit, but must
include the requisite skill, education, or other qualifications, and duties of employees
assigned to each position;
(3) A written description of the type and amount of both introductory and continuing
training that will be given to each person filling a position listed under paragraph
(d)(1) of this section;
(4) Records that document that the training or job experience required under paragraphs
(a), (b), and (c) of this section has been given to, and completed by, facility personnel.
(e) Training records on current personnel must be kept until closure of the facility;
training records on former employees must be kept for at least three years from the date
the employee last worked at the facility. Personnel training records may accompany
personnel transferred within the same company.
(Approved by the Office of Management and Budget under control number 2050-0012)
(45 FR 33221, May 19, 1980, as amended at 46 FR 2848, Jan. 12, 1981; 48 FR 14294, Apr. 1,
1983; 50 FR 4514, Jan. 31, 1985)
§264.17 General requirements for ignitable, reactive, or incompatible wastes.
(a) The owner or operator must take precautions to prevent accidental ignition or reaction
of ignitable or reactive waste. This waste must be separated and protected from sources of
ignition or reaction including but not limited to: open flames, smoking, cutting and
welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical),
spontaneous ignition (e.g., from heat-producing chemical reactions), and radiant heat.
While ignitable or reactive waste is being handled, the owner or operator must confine
smoking and open flame to specially designated locations. "No Smoking'' signs must be
conspicuously placed wherever there is a hazard from ignitable or reactive waste.
(b) Where specifically required by other sections of this part, the owner or operator of a
facility that treats, stores or disposes ignitable or reactive waste, or mixes
incompatible waste or incompatible wastes and other materials, must take precautions to
prevent reactions which:
(1) Generate extreme heat or pressure, fire or explosions, or violent reactions;
(2) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to
threaten human health or the environment;
(3) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk
of fire or explosions;
(4) Damage the structural integrity of the device or facility;
(5) Through other like means threaten human health or the environment.
(c) When required to comply with paragraph (a) or (b) of this section, the owner or
operator must document that compliance. This documentation may be based on references to
published scientific or engineering literature, data from trial tests (e.g., bench scale
or pilot scale tests), waste analyses (as specified in 264.13), or the results of the
treatment of similar wastes by similar treatment processes and under similar operating
conditions.
(Approved by the Office of Management and Budget under control number 2050-0012) (46 FR
2848, Jan. 12, 1981, as amended at 50 FR 4514, Jan. 31, 1985).