40 CFR Part 265 -- INTERIM STATUS
STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL
FACILITIES
§265.229 Special requirements for ignitable or reactive waste.
Ignitable or reactive waste must not be placed in a surface impoundment, unless the waste
and impoundment satisfy all applicable requirements of 40 CFR Part 268, and:
(a) The waste is treated, rendered, or mixed before or immediately after placement in the
impoundment so that:
(1) The resulting waste, mixture, or dissolution of material no longer meets the
definition of ignitable or reactive waste under §261.21 or §261.23 of this chapter; and
(2) Section 265.17(b) is complied with; or
(b)(1) The waste is managed in such a way that it is protected from any material or
conditions which may cause it to ignite or react; and
(2) Maintain and monitor the leak detection system in accordance with §265.221(c)(2)(iv)
and (3) of this chapter and §265.226(b) and comply with all other applicable leak
detection system requirements of this part;
(3) The owner or operator obtains a certification from a qualified chemist or engineer
that, to the best of his knowledge and opinion, the design features or operating plans of
the facility will prevent ignition or reaction; and
(4) The certification and the basis for it are maintained at the facility; or
(c) The surface impoundment is used solely for emergencies.
(Approved by the Office of Management and Budget under control number 2050-0007)
(50 FR 16048, Apr. 23, 1985, as amended at 55 FR 22685, June 1, 1990; 57 FR 3493, Jan. 29,
1992)
Effective Date Note: At 57 FR 3493, Jan. 29, 1992, §265.228 was amended by redesignating
paragraphs (b)(2) and (3) as paragraphs (b)(3) and (4), and by adding a new paragraph
(b)(2), effective July 29, 1992.
§265.230 Special requirements for incompatible wastes.
Incompatible wastes, or incompatible wastes and materials, (see appendix V for examples)
must not be placed in the same surface impoundment, unless §265.17(b) is complied with.
Subpart L -- Waste Piles
§265.250 Applicability.
The regulations in this subpart apply to owners and operators of facilities that treat or
store hazardous waste in piles, except as §265.1 provides otherwise. Alternatively, a
pile of hazardous waste may be managed as a landfill under subpart N.
§265.251 Protection from wind.
The owner or operator of a pile containing hazardous waste which could be subject to
dispersal by wind must cover or otherwise manage the pile so that wind dispersal is
controlled.
§265.252 Waste analysis.
In addition to the waste analyses required by §265.13, the owner or operator must analyze
a representative sample of waste from each incoming movement before adding the waste to
any existing pile, unless (1) The only wastes the facility receives which are amenable to
piling are compatible with each other, or (2) the waste received is compatible with the
waste in the pile to which it is to be added. The analysis conducted must be capable of
differentiating between the types of hazardous waste the owner or operator places in
piles, so that mixing of incompatible waste does not inadvertently occur. The analysis
must include a visual comparison of color and texture.
(Comment: As required by §265.13, the waste analysis plan must include analyses needed to
comply with §§265.256 and 265.257. As required by §265.73, the owner or operator must
place the results of this analysis in the operating record of the facility.)
§265.253 Containment.
If leachate or run-off from a pile is a hazardous waste, then either:
(a)(1) The pile must be placed on an impermeable base that is compatible with the waste
under the conditions of treatment or storage;
(2) The owner or operator must design, construct, operate, and maintain a run-on control
system capable of preventing flow onto the active portion of the pile during peak
discharge from at least a 25-year storm;
(3) The owner or operator must design, construct, operate, and maintain a run-off
management system to collect and control at least the water volume resulting from a
24-hour, 25-year storm; and
(4) Collection and holding facilities (e.g., tanks or basins) associated with run-on and
run-off control systems must be emptied or otherwise managed expeditiously to maintain
design capacity of the system; or
(b)(1) The pile must be protected from precipitation and run-on by some other means; and
(2) No liquids or wastes containing free liquids may be placed in the pile.
(Comment: If collected leachate or run-off is discharged through a point source to waters
of the United States, it is subject to the requirements of section 402 of the Clean Water
Act, as amended.)
(45 FR 33232, May 19, 1980, as amended at 47 FR 32367, July 26, 1982)
§265.254 Design and operating requirements.
The owner or operator of each new waste pile on which construction after January 29, 1992,
each lateral expansion of a waste pile unit on which construction commences after July 29,
1992, and each such replacement of an existing waste pile unit that is to commence reuse
after July 29, 1992 must install two or more liners and a leachate collection and removal
system above and between such liners, and operate the leachate collection and removal
systems, in accordance with §264.251(c), unless exempted under §264.251(d), (e), or (f),
of this chapter; and must comply with the procedures of §v265.221(b). "Construction
commences'' is as defined in §260.10 of this chapter under "existing facility''.
(57 FR 3493, Jan. 29, 1992)
Effective Date Note: At 57 FR 3493, Jan. 29, 1992, 265.254 was revised, effective July 29,
1992. For the convenience of the reader, the superseded text is set forth below.
§265.254 Design requirements.
The owner or operator of a waste pile is subject to the requirements for liners and
leachate collection systems or equivalent protection provided in §264.251 of this
chapter, with respect to each new unit, replacement of an existing unit, or lateral
expansion of an existing unit that is within the area identified in the Part A permit
application, and with respect to waste received beginning May 8, 1985.
(50 FR 28750, July 15, 1985)
§265.255 Action leakage rates
(a) The owner or operator of waste pile units subject to §265.254 must submit a proposed
action leakage rate to the Regional Administrator when submitting the notice required
under §265.254. Within 60 days of receipt of the notification, the Regional Administrator
will: Establish an action leakage rate, either as proposed by the owner or operator or
modified using the criteria in this section; or extend the review period for up to 30
days. If no action is taken by the Regional Administrator before the original 60 or
extended 90 day review periods, the action leakage rate will be approved as proposed by
the owner or operator.
(b) The Regional Administrator shall approve an action leakage rate for surface
impoundment units subject to §265.254. The action leakage rate is the maximum design flow
rate that the leak detection system (LDS) can remove without the fluid head on the bottom
liner exceeding 1 foot. The action leakage rate must include an adequate safety margin to
allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of
drainage material), construction, and location of the LDS, waste and leachate
characteristics, likelihood and amounts of other sources of liquids in the LDS, and
proposed response actions (e.g., the action leakage rate must consider decreases in the
flow capacity of the system over time resulting from siltation and clogging, rib layover
and creep of synthetic components of the system, overburden pressures, etc.).
(c) To determine if the action leakage rate has been exceeded, the owner or operator must
convert the weekly flow rate from the monitoring data obtained under §265.260, to an
average daily flow rate (gallons per acre per day) for each sump. Unless the Regional
Administrator approves a different calculation, the average daily flow rate for each sump
must be calculated weekly during the active life and closure period.
(57 FR 3493, Jan. 29, 1992)
Effective Date Note: At 57 FR 3493, Jan. 29, 1992, §265.255 was added effective July 29,
1992.
§265.256 Special requirements for ignitable or reactive waste.
(a) Ignitable or reactive waste must not be placed in a pile unless the waste and pile
satisfy all applicable requirements of 40 CFR Part 268, and:
(1) Addition of the waste to an existing pile (i) results in the waste or mixture no
longer meeting the definition of ignitable or reactive waste under §261.21 or §261.23 of
this chapter, and (ii) complies with §265.17(b); or
(2) The waste is managed in such a way that it is protected from any material or
conditions which may cause it to ignite or react.
(45 FR 33232, May 19, 1980, as amended at 55 FR 22685, June 1, 1990)
§265.257 Special requirements for incompatible wastes.
(a) Incompatible wastes, or incompatible wastes and materials, (see appendix V for
examples) must not be placed in the same pile, unless §265.17(b) is complied with.
(b) A pile of hazardous waste that is incompatible with any waste or other material stored
nearby in other containers, piles, open tanks, or surface impoundments must be separated
from the other materials, or protected from them by means of a dike, berm, wall, or other
device.
(Comment: The purpose of this is to prevent fires, explosions, gaseous emissions,
leaching, or other discharge of hazardous waste or hazardous waste constituents which
could result from the contact or mixing of incompatible wastes or materials.)
(c) Hazardous waste must not be piled on the same area where incompatible wastes or
materials were previously piled, unless that area has been decontaminated sufficiently to
ensure compliance with §265.17(b).
§265.258 Closure and post-closure care.
(a) At closure, the owner or operator must remove or decontaminate all waste residues,
contaminated containment system components (liners, etc.), contaminated subsoils, and
structures and equipment contaminated with waste and leachate, and manage them as
hazardous waste unless §261.3(d) of this chapter applies; or
(b) If, after removing or decontaminating all residues and making all reasonable efforts
to effect removal or decontamination of contaminated components, subsoils, structures, and
equipment as required in paragraph (a) of this section, the owner or operator finds that
not all contaminated subsoils can be practicably removed or decontaminated, he must close
the facility and perform post-closure care in accordance with the closure and post-closure
requirements that apply to landfills (§265.310).
(47 FR 32368, July 26, 1982)
§265.259 Response actions.
(a) The owner or operator of waste pile units subject to §265.254 must submit a response
action plan to the Regional Administrator when submitting the proposed action leakage rate
under §265.255. The response action plan must set forth the actions to be taken if the
action leakage rate has been exceeded. At a minimum, the response action plan must
describe the actions specified in paragraph (b) of this section.
(b) If the flow rate into the leak determination system exceeds the action leakage rate
for any sump, the owner or operator must:
(1) Notify the Regional Administrator in writing of the exceedence within 7 days of the
determination;
(2) Submit a preliminary written assessment to the Regional Administrator within 14 days
of the determination, as to the amount of liquids, likely sources of liquids, possible
location, size, and cause of any leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipts should cease or be curtailed, whether any waste
should be removed from the unit for inspection, repairs, or controls, and whether or not
the unit should be closed;
(5) Determine any other short-term and longer-term actions to be taken to mitigate or stop
any leaks; and
(6) Within 30 days after the notification that the action leakage rate has been exceeded,
submit to the Regional Administrator the results of the analyses specified in paragraphs
(b)(3), (4), and (5) of this section, the results of actions taken, and actions planned.
Monthly thereafter, as long as the flow rate in the leak detection system exceeds the
action leakage rate, the owner or operator must submit to the Regional Administrator a
report summarizing the results of any remedial actions taken and actions planned.
(c) To make the leak and/or remediation determinations in paragraphs (b)(3), (4), and (5)
of this section, the owner or operator must:
(1)(i) Assess the source of liquids and amounts of liquids by source,
(ii) Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the
leak detection system to identify the source of liquids and possible location of any
leaks, and the hazard and mobility of the liquid; and
(iii) Assess the seriousness of any leaks in terms of potential for escaping into the
environment; or
(2) Document why such assessments are not needed.
(57 FR 3494, Jan. 29, 1992)
Effective Date Note: At 57 FR 3494, Jan. 29, 1992, §265.259 was added effective July 29,
1992.
§265.260 Monitoring and inspection.
An owner or operator required to have a leak detection system under §265.254 must record
the amount of liquids removed from each leak detection system sump at least once each week
during the active life and closure period.
(57 FR 3494, Jan. 29, 1992)
Effective Date Note: At 57 FR 3494, Jan. 29, 1992, §265.260 was added effective July 29,
1992.
Subpart M -- Land Treatment
§265.270 Applicability.
The regulations in this subpart apply to owners and operators of hazardous waste land
treatment facilities, except as §265.1 provides otherwise.
§265.271 (Reserved)
§265.272 General operating requirements.
(a) Hazardous waste must not be placed in or on a land treatment facility unless the waste
can be made less hazardous or nonhazardous by degradation, transformation, or
immobilization processes occurring in or on the soil.
(b) The owner or operator must design, construct, operate, and maintain a run-on control
system capable of preventing flow onto the active portions of the facility during peak
discharge from at least a 25-year storm.
(c) The owner or operator must design, construct, operate, and maintain a run-off
management system capable of collecting and controlling a water volume at least equivalent
to a 24-hour, 25-year storm.
(d) Collection and holding facilities (e.g., tanks or basins) associated with run-on and
run-off control systems must be emptied or otherwise managed expeditiously after storms to
maintain design capacity of the system.
(e) If the treatment zone contains particulate matter which may be subject to wind
dispersal, the owner or operator must manage the unit to control wind dispersal.
(45 FR 33232, May 19, 1980, as amended at 47 FR 32368, July 26, 1982; 50 FR 16048, Apr.
23, 1985)
§265.273 Waste analysis.
In addition to the waste analyses required by §265.13, before placing a hazardous waste
in or on a land treatment facility, the owner or operator must:
(a) Determine the concentrations in the waste of any substances which equal or exceed the
maximum concentrations contained in Table 1 of §§261.24 of this chapter that cause a
waste to exhibit the Toxicity Characteristic;
(b) For any waste listed in Part 261, subpart D, of this chapter, determine the
concentrations of any substances which caused the waste to be listed as a hazardous waste;
and
(c) If food chain crops are grown, determine the concentrations in the waste of each of
the following constituents: arsenic, cadmium, lead, and mercury, unless the owner or
operator has written, documented data that show that the constituent is not present.
(Comment: Part 261 of this chapter specifies the substances for which a waste is listed as
a hazardous waste. As required by §265.13, the waste analysis plan must include analyses
needed to comply with §§265.281 and 265.282. As required by §265.73, the owner or
operator must place the results from each waste analysis, or the documented information,
in the operating record of the facility.)
(45 FR 33232, May 19, 1980, as amended at 55 FR 11876, Mar. 29, 1990)
§§265.274 -- 265.275 (Reserved)
§265.276 Food chain crops.
(a) An owner or operator of a hazardous waste land treatment facility on which food chain
crops are being grown, or have been grown and will be grown in the future, must notify the
Regional Administrator within 60 days after the effective date of this part.
(Comment: The growth of food chain crops at a facility which has never before been used
for this purpose is a significant change in process under §122.72(c) of this chapter.
Owners or operators of such land treatment facilities who propose to grow food chain crops
after the effective date of this part must comply with §122.72(c) of this chapter.)
(b)(1) Food chain crops must not be grown on the treated area of a hazardous waste land
treatment facility unless the owner or operator can demonstrate, based on field testing,
that any arsenic, lead, mercury, or other constituents identified under §265.273(b):
(i) Will not be transferred to the food portion of the crop by plant uptake or direct
contact, and will not otherwise be ingested by food chain animals (e.g., by grazing); or
(ii) Will not occur in greater concentrations in the crops grown on the land treatment
facility than in the same crops grown on untreated soils under similar conditions in the
same region.
(2) The information necessary to make the demonstration required by paragraph (b)(1) of
this section must be kept at the facility and must, at a minimum:
(i) Be based on tests for the specific waste and application rates being used at the
facility; and
(ii) Include descriptions of crop and soil characteristics, sample selection criteria,
sample size determination, analytical methods, and statistical procedures.
(c) Food chain crops must not be grown on a land treatment facility receiving waste that
contains cadmium unless all requirements of paragraphs (c)(1) (i) through (iii) of this
section or all requirements of paragraphs (c)(2) (i) through (iv) of this section are met.
(1)(i) The pH of the waste and soil mixture is 6.5 or greater at the time of each waste
application, except for waste containing cadmium at concentrations of 2 mg/kg (dry weight)
or less;
(ii) The annual application of cadmium from waste does not exceed 0.5 kilograms per
hectare (kg/ha) on land used for production of tobacco, leafy vegetables, or root crops
grown for human consumption. For other food chain crops, the annual cadmium application
rate does not exceed:
TABLE/GRAPH OMITTED
(iii) The cumulative application of cadmium from waste does not exceed the levels in
either paragraph (c)(1)(iii)(A) or (B) of this section.
(A)
TABLE/GRAPH OMITTED
(B) For soils with a background pH of less than 6.5, the cumulative cadmium application
rate does not exceed the levels below: Provided, that the pH of the waste and soil mixture
is adjusted to and maintained at 6.5 or greater whenever food chain crops are grown.
TABLE/GRAPH OMITTED
(2)(i) The only food chain crop produced is animal feed.
(ii) The pH of the waste and soil mixture is 6.5 or greater at the time of waste
application or at the time the crop is planted, whichever occurs later, and this pH level
is maintained whenever food chain crops are grown.
(iii) There is a facility operating plan which demonstrates how the animal feed will be
distributed to preclude ingestion by humans. The facility operating plan describes the
measures to be taken to safeguard against possible health hazards from cadmium entering
the food chain, which may result from alternative land uses.
(iv) Future property owners are notified by a stipulation in the land record or property
deed which states that the property has received waste at high cadmium application rates
and that food chain crops must not be grown except in compliance with paragraph (c)(2) of
this section.
(Comment: As required by §265.73, if an owner or operator grows food chain crops on his
land treatment facility, he must place the information developed in this section in the
operating record of the facility.)
(45 FR 33232, May 19, 1980, as amended at 47 FR 32368, July 26, 1982; 48 FR 14295, Apr. 1,
1983)
§265.277 (Reserved)
§265.278 Unsaturated zone (zone of aeration) monitoring.
(a) The owner or operator must have in writing, and must implement, an unsaturated zone
monitoring plan which is designed to:
(1) Detect the vertical migration of hazardous waste and hazardous waste constituents
under the active portion of the land treatment facility, and
(2) Provide information on the background concentrations of the hazardous waste and
hazardous waste constituents in similar but untreated soils nearby; this background
monitoring must be conducted before or in conjunction with the monitoring required under
paragraph (a)(1) of this section.
(b) The unsaturated zone monitoring plan must include, at a minimum:
(1) Soil monitoring using soil cores, and
(2) Soil-pore water monitoring using devices such as lysimeters.
(c) To comply with paragraph (a)(1) of this section, the owner or operator must
demonstrate in his unsaturated zone monitoring plan that:
(1) The depth at which soil and soil-pore water samples are to be taken is below the depth
to which the waste is incorporated into the soil;
(2) The number of soil and soil-pore water samples to be taken is based on the variability
of:
(i) The hazardous waste constituents (as identified in §265.273(a) and (b)) in the waste
and in the soil; and
(ii) The soil type(s); and
(3) The frequency and timing of soil and soil-pore water sampling is based on the
frequency, time, and rate of waste application, proximity to ground water, and soil
permeability.
(d) The owner or operator must keep at the facility his unsaturated zone monitoring plan,
and the rationale used in developing this plan.
(e) The owner or operator must analyze the soil and soil-pore water samples for the
hazardous waste constituents that were found in the waste during the waste analysis under
§265.273 (a) and (b).
(Comment: As required by §265.73, all data and information developed by the owner or
operator under this section must be placed in the operating record of the facility.)
§265.279 Recordkeeping.
The owner or operator must include hazardous waste application dates and rates in the
operating record required under §265.73.
(47 FR 32368, July 26, 1982)
§265.280 Closure and post-closure.
(a) In the closure plan under §§265.112 and the post-closure plan under §265.118, the
owner or operator must address the following objectives and indicate how they will be
achieved:
(1) Control of the migration of hazardous waste and hazardous waste constituents from the
treated area into the ground water;
(2) Control of the release of contaminated run-off from the facility into surface water;
(3) Control of the release of airborne particulate contaminants caused by wind erosion;
and
(4) Compliance with §265.276 concerning the growth of food-chain crops.
(b) The owner or operator must consider at least the following factors in addressing the
closure and post-closure care objectives of paragraph (a) of this section:
(1) Type and amount of hazardous waste and hazardous waste constituents applied to the
land treatment facility;
(2) The mobility and the expected rate of migration of the hazardous waste and hazardous
waste constituents;
(3) Site location, topography, and surrounding land use, with respect to the potential
effects of pollutant migration (e.g., proximity to ground water, surface water and
drinking water sources);
(4) Climate, including amount, frequency, and pH of precipitation;
(5) Geological and soil profiles and surface and subsurface hydrology of the site, and
soil characteristics, including action exchange capacity, total organic carbon, and pH;
(6) Unsaturated zone monitoring information obtained under §265.278; and
(7) Type, concentration, and depth of migration of hazardous waste constituents in the
soil as compared to their background concentrations.
(c) The owner or operator must consider at least the following methods in addressing the
closure and post-closure care objectives of paragraph (a) of this section:
(1) Removal of contaminated soils;
(2) Placement of a final cover, considering:
(i) Functions of the cover (e.g., infiltration control, erosion and run-off control, and
wind erosion control); and
(ii) Characteristics of the cover, including material, final surface contours, thickness,
porosity and permeability, slope, length of run of slope, and type of vegetation on the
cover; and
(3) Monitoring of ground water.
(d) In addition to the requirements of subpart G of this part, during the closure period
the owner or operator of a land treatment facility must:
(1) Continue unsaturated zone monitoring in a manner and frequency specified in the
closure plan, except that soil pore liquid monitoring may be terminated 90 days after the
last application of waste to the treatment zone;
(2) Maintain the run-on control system required under §265.272(b);
(3) Maintain the run-off management system required under §265.272(c); and
(4) Control wind dispersal of particulate matter which may be subject to wind dispersal.
(e) For the purpose of complying with §265.115, when closure is completed the owner or
operator may submit to the Regional Administrator certification both by the owner or
operator and by an independent qualified soil scientist, in lieu of an independent
registered professional engineer, that the facility has been closed in accordance with the
specifications in the approved closure plan.
(f) In addition to the requirements of §265.117, during the post-closure care period the
owner or operator of a land treatment unit must:
(1) Continue soil-core monitoring by collecting and analyzing samples in a manner and
frequency specified in the post-closure plan;
(2) Restrict access to the unit as appropriate for its post-closure use;
(3) Assure that growth of food chain crops complies with §265.276; and
(4) Control wind dispersal of hazardous waste.
(45 FR 33232, May 19, 1980, as amended at 47 FR 32368, July 26, 1982)