40 CFR Part 264 -- STANDARDS FOR
OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
§264.72 Manifest discrepancies.
(a) Manifest discrepancies are differences between the quantity or type of hazardous waste
designated on the manifest or shipping paper, and the quantity or type of hazardous waste
a facility actually receives. Significant discrepancies in quantity are:
(1) For bulk waste, variations greater than 10 percent in weight, and (2) for batch waste,
any variation in piece count, such as a discrepancy of one drum in a truckload.
Significant discrepancies in type are obvious differences which can be discovered by
inspection or waste analysis, such as waste solvent substituted for waste acid, or toxic
constituents not reported on the manifest or shipping paper.
(b) Upon discovering a significant discrepancy, the owner or operator must attempt to
reconcile the discrepancy with the waste generator or transporter (e.g., with telephone
conversations). If the discrepancy is not resolved within 15 days after receiving the
waste, the owner or operator must immediately submit to the Regional Administrator a
letter describing the discrepancy and attempts to reconcile it, and a copy of the manifest
or shipping paper at issue.
(Approved by the Office of Management and Budget under control number 2050-0012)
(45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985)
§264.73 Operating record.
(a) The owner or operator must keep a written operating record at his facility.
(b) The following information must be recorded, as it becomes available, and maintained in
the operating record until closure of the
(1) A description and the quantity of each hazardous waste received, and the method(s) and
date(s) of its treatment, storage, or disposal at the facility as required by appendix I;
(2) The location of each hazardous waste within the facility and the quantity at each
location. For disposal facilities, the location and quantity of each hazardous waste must
be recorded on a map or diagram of each cell or disposal area. For all facilities, this
information must include cross-references to specific manifest document numbers, if the
waste was accompanied by a manifest;
(Comment: See §264.119 for related requirements.)
(3) Records and results of waste analyses performed as specified in §§264.13, 264.17,
264.314, 264.341, 264.1034, 264.1063, 268.4(a), and 268.7 of this chapter.
(4) Summary reports and details of all incidents that require implementing the contingency
plan as specified in 264.56(j);
(5) Records and results of inspections as required by §264.15(d) (except these data need
be kept only three years);
(6) Monitoring, testing or analytical data, and corrective action where required by
subpart F and §§264.19, 264.191, 264.193, 264.195, 264.222, 264.223, 264.226,
264.252-264.254, 264.276, 264.278, 264.280, 264.309, 264.347, 264.602,
264.1034(c)-264.1034(f), 264.1035, 264.1063(d)-264.1063(i), and 264.1064.
(7) For off-site facilities, notices to generators as specified in §264.12(b); and
(8) All closure cost estimates under §264.142, and, for disposal facilities, all
post-closure cost estimates under §264.144.
(9) A certification by the permittee no less often than annually, that the permittee has a
program in place to reduce the volume and toxicity of hazardous waste that he generates to
the degree determined by the permittee to be economically practicable; and the proposed
method of treatment, storage or disposal is that practicable method currently available to
the permittee which minimizes the present and future threat to human health and the
environment.
(10) Records of the quantities (and date of placement) for each shipment of hazardous
waste placed in land disposal units under an extension to the effective date of any land
disposal restriction granted pursuant to §268.5, a petition pursuant to §268.6, or a
certification under §268.8, and the applicable notice required by a generator under
§268.7(a);
(11) For an off-site treatment facility, a copy of the notice, and the certification and
demonstration, if applicable, required by the generator or the owner or operator under
§§268.7 or 268.8;
(12) For an on-site treatment facility, the information contained in the notice (except
the manifest number), and the certification and demonstration if applicable, required by
the generator or the owner or operator under §268.7 or §268.8;
(13) For an off-site land disposal facility, a copy of the notice, and the certification
and demonstration if applicable, required by the generator or the owner or operator of a
treatment facility under §§268.7 and 268.8, whichever is applicable; and
(14) For an on-site land disposal facility, the information contained in the notice
required by the generator or owner or operator of a treatment facility under §268.7,
except for the manifest number, and the certification and demonstration if applicable,
required under §268.8, whichever is applicable.
(15) For an off-site storage facility, a copy of the notice, and the certification and
demonstration if applicable, required by the generator or the owner or operator under
§268.7 or §268.8; and
(16) For an on-site storage facility, the information contained in the notice (except the
manifest number), and the certification and demonstration if applicable, required by the
generator or the owner or operator under §268.7 or §268.8.
(Approved by the Office of Management and Budget under control numbers 2050-0012,
2050-0013 and 2040-0042. The reporting and recordkeeping requirements contained in
paragraph (b)(9) were approved by the Office of Management and Budget under control number
2050-0037)
(45 FR 33221, May 19, 1980, as amended at 46 FR 2849, Jan. 12, 1981; 46 FR 7678, Jan. 23,
1981; 50 FR 4514, Jan. 31, 1985; 50 FR 18374, Apr. 30, 1985; 50 FR 28746, July 15, 1985;
51 FR 40637, Nov. 7, 1986; 52 FR 21016, June 4, 1987; 53 FR 31211, Aug. 17, 1988; 54 FR
26647, June 23, 1989; 55 FR 25494, June 21, 1990; 57 FR 3487, Jan. 29, 1992)
Effective Date Note: At 57 FR 3487, Jan. 29, 1992, §264.73 was amended by revising
paragraph (b)(6), effective July 29, 1992. For the convenience of the reader the
superseded text is set forth below:
§264.73
* * * * *
(b) * * *
(6) Monitoring, testing or analytical data, and corrective action where required by
subpart F and §§264.226, 264.253, 264.254, 264.276, 264.278, 264.280, 264.303, 264.309,
264.347, 264.602, 264.1034(c)-264.1034(f), 264.1035, 264.1063(d)-264.1063(i), and
264.1064.
* * * * *
§264.74 Availability, retention, and disposition of records.
(a) All records, including plans, required under this part must be upon request, and made
available at all reasonable times for inspection, by any officer, employee, or
representative of EPA who is duly designated by the Administrator.
(b) The retention period for all records required under this part is extended
automatically during the course of any unresolved enforcement action regarding the
facility or as requested by the Administrator.
(c) A copy of records of waste disposal locations and quantities under §264.73(b)(2) must
be submitted to the Regional Administrator and local land authority upon closure of the
facility.
§264.75 Biennial report.
The owner or operator must prepare and submit a single copy of a biennial report to the
Regional Administrator by March 1 of each even numbered year. The biennial report must be
submitted on EPA form 8700-13B. The report must cover facility activities during the
previous calendar year and must include:
(a) The EPA identification number, name, and address of the facility;
(b) The calendar year covered by the report;
(c) For off-site facilities, the EPA identification number of each hazardous waste
generator from which the facility received a hazardous waste during the year; for imported
shipments, the report must give the name and address of the foreign generator;
(d) A description and the quantity of each hazardous waste the facility received during
the year. For off-site facilities, this information must be listed by EPA identification
number of each generator;
(e) The method of treatment, storage, or disposal for each hazardous waste;
(f) (Reserved)
(g) The most recent closure cost estimate under §264.142, and, for disposal facilities,
the most recent post-closure cost estimate under §264.144; and
(h) For generators who treat, store, or dispose of hazardous waste on-site, a description
of the efforts undertaken during the year to reduce the volume and toxicity of waste
generated.
(i) For generators who treat, store, or dispose of hazardous waste on-site, a description
of the changes in volume and toxicity of waste actually achieved during the year in
comparison to previous years to the extent such information is available for the years
prior to 1984.
(j) The certification signed by the owner or operator of the facility or his authorized
representative.
(Approved by the Office of Management and Budget under control number 2050-0024)
(45 FR 33221, May 19, 1980, as amended at 46 FR 2849, Jan. 12, 1981; 48 FR 3982, Jan. 28,
1983; 50 FR 4514, Jan. 31, 1985; 51 FR 28556, Aug. 8, 1986)
§264.76 Unmanifested waste report.
If a facility accepts for treatment, storage, or disposal any hazardous waste from an
off-site source without an accompanying manifest, or without an accompanying shipping
paper as described in §263.20(e)(2) of this chapter, and if the waste is not excluded
from the manifest requirement by §261.5 of this chapter, then the owner or operator must
prepare and submit a single copy of a report to the Regional Administrator within fifteen
days after receiving the waste. The unmanifested waste report must be submitted on EPA
form 8700-13B. Such report must be designated 'Unmanifested Waste Report' and include the
following information:
(a) The EPA identification number, name, and address of the facility;
(b) The date the facility received the waste;
(c) The EPA identification number, name, and address of the generator and the transporter,
if available;
(d) A description and the quantity of each unmanifested hazardous waste and facility
received;
(e) The method of treatment, storage, or disposal for each hazardous waste;
(f) The certification signed by the owner or operator of the facility or his authorized
representative; and
(g) A brief explanation of why the waste was unmanifested, if known.
(Comment: Small quantities of hazardous waste are excluded from regulation under this part
and do not require a manifest. Where a facility receives unmanifested hazardous wastes,
the Agency suggests that the owner or operator obtain from each generator a certification
that the waste qualifies for exclusion. Otherwise, the Agency suggests that the owner or
operator file an unmanifested waste report for the hazardous waste movement.)
(Approved by the Office of Management and Budget under control number 2050-0012)
(45 FR 33221, May 19, 1980, as amended at 48 FR 3982, Jan. 28, 1983; 50 FR 4514, Jan. 31,
1985)
§264.77 Additional reports.
In addition to submitting the biennial reports and unmanifested waste reports described in
§§264.75 and 264.76, the owner or operator must also report to the Regional
Administrator:
(a) Releases, fires, and explosions as specified in §264.56(j);
(b) Facility closures specified in §264.115; and
(c) As otherwise required by subparts F, K through N, AA, and BB.
(46 FR 2849, Jan. 12, 1981, as amended at 47 FR 32350, July 26, 1982; 48 FR 3982, Jan. 28,
1983; 55 FR 25494, June 21, 1990)
Subpart F -- Releases From Solid Waste Management Units
§264.90 Applicability.
(a)(1) Except as provided in paragraph (b) of this section, the regulations in this
subpart apply to owners or operators of facilities that treat, store or dispose of
hazardous waste. The owner or operator must satisfy the requirements identified in
paragraph (a)(2) of this section for all wastes (or constituents thereof) contained in
solid waste management units at the facility, regardless of the time at which waste was
placed in such units.
(2) All solid waste management units must comply with the requirements in §264.101. A
surface impoundment, waste pile, and land treatment unit or landfill that receives
hazardous waste after July 26, 1982 (hereinafter referred to as a "regulated unit'')
must comply with the requirements of §§264.91 through 264.100 in lieu of §264.101 for
purposes of detecting, characterizing and responding to releases to the uppermost aquifer.
The financial responsibility requirements of §264.101 apply to regulated units.
(b) The owner or operator's regulated unit or units are not subject to regulation for
releases into the uppermost aquifer under this subpart if:
(1) The owner or operator is exempted under §264.1; or
(2) He operates a unit which the Regional Administrator finds:
(i) Is an engineered structure,
(ii) Does not receive or contain liquid waste or waste containing free liquids,
(iii) Is designed and operated to exclude liquid, precipitation, and other run-on and
run-off,
(iv) Has both inner and outer layers of containment enclosing the waste,
(v) Has a leak detection system built into each containment layer,
(vi) The owner or operator will provide continuing operation and maintenance of these leak
detection systems during the active life of the unit and the closure and post-closure care
periods, and
(vii) To a reasonable degree of certainty, will not allow hazardous constituents to
migrate beyond the outer containment layer prior to the end of the the post-closure care
period.
(3) The Regional Administrator finds, pursuant to §264.280(d), that the treatment zone of
a land treatment unit that qualifies as a regulated unit does not contain levels of
hazardous constituents that are above background levels of those constituents by an amount
that is statistically significant, and if an unsaturated zone monitoring program meeting
the requirements of §264.278 has not shown a statistically significant increase in
hazardous constituents below the treatment zone during the operating life of the unit. An
exemption under this paragraph can only relieve an owner or operator of responsibility to
meet the requirements of this subpart during the post-closure care period; or
(4) The Regional Administrator finds that there is no potential for migration of liquid
from a regulated unit to the uppermost aquifer during the active life of the regulated
unit (including the closure period) and the port-closure care period specified under
§264.117. This demonstration must be certified by a qualified geologist or geotechnical
engineer. In order to provide an adequate margin of safety in the prediction of potential
migration of liquid, the owner or operator must base any predictions made under this
paragraph on assumptions that maximize the rate of liquid migration.
(5) He designs and operates a pile in compliance with §264.250(c).
(c) The regulations under this subpart apply during the active life of the regulated unit
(including the closure period). After closure of the regulated unit, the regulations in
this subpart:
(1) Do not apply if all waste, waste residues, contaminated containment system components,
and contaminated subsoils are removed or decontaminated at closure;
(2) Apply during the post-closure care period under §264.117 if the owner or operator is
conducting a detection monitoring program under §264.98; or
(3) Apply during the compliance period under §264.96 if the owner or operator is
conducting a compliance monitoring program under §264.99 or a corrective action program
under §264.100.
(d) Regulations in this subpart may apply to miscellaneous units when necessary to comply
with §§264.601 through 264.603. (47 FR 32350, July 26, 1982, as amended at 50 FR 28746,
July 15, 1985; 52 FR 46963, Dec. 10, 1987)
§264.91 Required programs.
(a) Owners and operators subject to this subpart must conduct a monitoring and response
program as follows:
(1) Whenever hazardous constituents under §264.93 from a regulated unit are detected at a
compliance point under §264.95, the owner or operator must institute a compliance
monitoring program under §264.99. Detected is defined as statistically significant
evidence of contamination as described in §264.98(f);
(2) Whenever the ground-water protection standard under §264.92 is exceeded, the owner or
operator must institute a corrective action program under §264.100. Exceeded is defined
as statistically significant evidence of increased contamination as described in
§264.99(d);
(3) Whenever hazardous constituents under §264.93 from a regulated unit exceed
concentration limits under §264.94 in ground water between the compliance point under
§264.95 and the downgradient facility property boundary, the owner or operator must
institute a corrective action program under v264.100; or
(4) In all other cases, the owner or operator must institute a detection monitoring
program under §264.98.
(b) The Regional Administrator will specify in the facility permit the specific elements
of the monitoring and response program. The Regional Administrator may include one or more
of the programs identified in paragraph (a) of this section in the facility permit as may
be necessary to protect human health and the environment and will specify the
circumstances under which each of the programs will be required. In deciding whether to
require the owner or operator to be prepared to institute a particular program, the
Regional Administrator will consider the potential adverse effects on human health and the
environment that might occur before final administrative action on a permit modification
application to incorporate such a program could be taken.
(47 FR 32350, July 26, 1982, as amended at 53 FR 39728, Oct. 11, 1988)
§264.92 Ground-water protection standard.
The owner or operator must comply with conditions specified in the permit that are
designed to ensure that hazardous constituents under §264.93 detected in the ground water
from a regulated unit do not exceed the concentration limits under §264.94 in the
uppermost aquifer underlying the waste management area beyond the point of compliance
under §264.95 during the compliance period under §264.96. The Regional Administrator
will establish this ground-water protection standard in the facility permit when hazardous
constituents have been detected in the ground water.
(53 FR 39728, Oct. 11, 1988)
§264.93 Hazardous constituents.
(a) The Regional Administrator will specify in the facility permit the hazardous
constituents to which the ground-water protection standard of §264.92 applies. Hazardous
constituents are constituents identified in appendix VIII of Part 261 of this chapter that
have been detected in ground water in the uppermost aquifer underlying a regulated unit
and that are reasonably expected to be in or derived from waste contained in a regulated
unit, unless the Regional Administrator has excluded them under paragraph (b) of this
section.
(b) The Regional Administrator will exclude an appendix VIII constituent from the list of
hazardous constituents specified in the facility permit if he finds that the constituent
is not capable of posing a substantial present or potential hazard to human health or the
environment. In deciding whether to grant an exemption, the Regional Administrator will
consider the following:
(1) Potential adverse effects on ground-water quality, considering:
(i) The physical and chemical characteristics of the waste in the regulated unit,
including its potential for migration;
(ii) The hydrogeological characteristics of the facility and surrounding land;
(iii) The quantity of ground water and the direction of ground-water flow;
(iv) The proximity and withdrawal rates of ground-water users;
(v) The current and future uses of ground water in the area;
(vi) The existing quality of ground water, including other sources of contamination and
their cumulative impact on the ground-water quality;
(vii) The potential for health risks caused by human exposure to waste constituents;
(viii) The potential damage to wildlife, crops, vegetation, and physical structures caused
by exposure to waste constituents;
(ix) The persistence and permanence of the potential adverse effects; and
(2) Potential adverse effects on hydraulically-connected surface water quality,
considering:
(i) The volume and physical and chemical characteristics of the waste in the regulated
unit;
(ii) The hydrogeological characteristics of the facility and surrounding land;
(iii) The quantity and quality of ground water, and the direction of ground-water flow;
(iv) The patterns of rainfall in the region;
(v) The proximity of the regulated unit to surface waters;
(vi) The current and future uses of surface waters in the area and any water quality
standards established for those surface waters;
(vii) The existing quality of surface water, including other sources of contamination and
the cumulative impact on surface-water quality;
(viii) The potential for health risks caused by human exposure to waste constituents;
(ix) The potential damage to wildlife, crops, vegetation, and physical structures caused
by exposure to waste constituents; and
(x) The persistence and permanence of the potential adverse effects.
(c) In making any determination under paragraph (b) of this section about the use of
ground water in the area around the facility, the Regional Administrator will consider any
identification of underground sources of drinking water and exempted aquifers made under
§144.8 of this chapter.
(47 FR 32350, July 26, 1982, as amended at 48 FR 14294, Apr. 1, 1983)
§264.94 Concentration limits.
(a) The Regional Administrator will specify in the facility permit limits in the ground
water for hazardous constituents established under §264.93. The concentration of a
hazardous constituent:
(1) Must not exceed the background level of that constituent in the ground water at the
time that limit is specified in the permit; or
(2) For any of the constituents listed in Table 1, must not exceed the respective value
given in that table if the background level of the constituent is below the value given in
Table 1; or
Table 1 -- Maximum Concentration of Constituents for Ground-water Protection
TABLE/GRAPH OMITTED
(3) Must not exceed an alternate limit established by the Regional Administrator under
paragraph (b) of this section.
(b) The Regional Administrator will establish an alternate concentration limit for a
hazardous constituent if he finds that the constituent will not pose a substantial present
or potential hazard to human health or the environment as long as the alternate
concentration limit is not exceeded. In establishing alternate concentration limits, the
Regional Administrator will consider the following factors:
(1) Potential adverse effects on ground-water quality, considering:
(i) The physical and chemical characteristics of the waste in the regulated unit,
including its potential for migration;
(ii) The hydrogeological characteristics of the facility and surrounding land;
(iii) The quantity of ground water and the direction of ground-water flow;
(iv) The proximity and withdrawal rates of ground-water users;
(v) The current and future uses of ground water in the area;
(vi) The existing quality of ground water, including other sources of contamination and
their cumulative impact on the ground-water quality;
(vii) The potential for health risks caused by human exposure to waste constituents;
(viii) The potential damage to wildlife, crops, vegetation, and physical structures caused
by exposure to waste constituents;
(ix) The persistence and permanence of the potential adverse effects; and
(2) Potential adverse effects on hydraulically-connected surface-water quality,
considering:
(i) The volume and physical and chemical characteristics of the waste in the regulated
unit;
(ii) The hydrogeological characteristics of the facility and surrounding land;
(iii) The quantity and quality of ground water, and the direction of ground-water flow;
(iv) The patterns of rainfall in the region;
(v) The proximity of the regulated unit to surface waters;
(vi) The current and future uses of surface waters in the area and any water quality
standards established for those surface waters;
(vii) The existing quality of surface water, including other sources of contamination and
the cumulative impact on surface water quality;
(viii) The potential for health risks caused by human exposure to waste constituents;
(ix) The potential damage to wildlife, crops, vegetation, and physical structures caused
by exposure to waste constituents; and
(x) The persistence and permanence of the potential adverse effects.
(c) In making any determination under paragraph (b) of this section about the use of
ground water in the area around the facility the Regional Administrator will consider any
identification of underground sources of drinking water and exempted aquifers made under
144.8 of this chapter.
(47 FR 32350, July 26, 1982, as amended at 48 FR 14294, Apr. 1, 1983)