40 CFR Part 265 -- INTERIM STATUS
STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL
FACILITIES
§265.341 Waste analysis.
In addition to the waste analyses required by §265.13, the owner or operator must
sufficiently analyze any waste which he has not previously burned in his incinerator to
enable him to establish steady state (normal) operating conditions (including waste and
auxiliary fuel feed and air flow) and to determine the type of pollutants which might be
emitted. At a minimum, the analysis must determine:
(a) Heating value of the waste;
(b) Halogen content and sulfur content in the waste; and
(c) Concentrations in the waste of lead and mercury, unless the owner or operator has
written, documented data that show that the element is not present.
(Comment: 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.)
§§265.342 -- 265.344 (Reserved)
§265.345 General operating requirements.
During start-up and shut-down of an incinerator, the owner or operator must not feed
hazardous waste unless the incinerator is at steady state (normal) conditions of
operation, including steady state operating temperature and air flow.
§265.346 (Reserved)
§265.347 Monitoring and inspections.
The owner or operator must conduct, as a minimum, the following monitoring and inspections
when incinerating hazardous waste:
(a) Existing instruments which relate to combustion and emission control must be monitored
at least every 15 minutes. Appropriate corrections to maintain steady state combustion
conditions must be made immediately either automatically or by the operator. Instruments
which relate to combustion and emission control would normally include those measuring
waste feed, auxiliary fuel feed, air flow, incinerator temperature, scrubber flow,
scrubber pH, and relevant level controls.
(b) The complete incinerator and associated equipment (pumps, valves, conveyors, pipes,
etc.) must be inspected at least daily for leaks, spills, and fugitive emissions, and all
emergency shutdown controls and system alarms must be checked to assure proper operation.
(46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27533, June 24, 1982)
§265.348 -- 265.350 (Reserved)
§265.351 Closure.
At closure, the owner or operator must remove all hazardous waste and hazardous waste
residues (including but not limited to ash, scrubber waters, and scrubber sludges) from
the incinerator.
(Comment: At closure, as throughout the operating period, unless the owner or operator can
demonstrate, in accordance with §261.3(d) of this chapter, that the residue removed from
his incinerator is not a hazardous waste, the owner or operator becomes a generator of
hazardous waste and must manage it in accordance with all applicable requirements of Parts
262 through 266 of this chapter.)
§265.352 Interim status incinerators burning particular hazardous wastes.
(a) Owners or operators of incinerators subject to this subpart may burn EPA Hazardous
Wastes FO20, FO21, FO22, FO23, FO26, or FO27 if they receive a certification from the
Assistant Administrator for Solid Waste and Emergency Response that they can meet the
performance standards of subpart O of Part 264 when they burn these wastes.
(b) The following standards and procedures will be used in determining whether to certify
an incinerator:
(1) The owner or operator will submit an application to the Assistant Administrator for
Solid Waste and Emergency Response containing applicable information in §§270.19 and
270.62 demonstrating that the incinerator can meet the performance standards in subpart O
of Part 264 when they burn these wastes.
(2) The Assistant Administrator for Solid Waste and Emergency Response will issue a
tentative decision as to whether the incinerator can meet the performance standards in
subpart O of Part 264. Notification of this tentative decision will be provided by
newspaper advertisement and radio broadcast in the jurisdiction where the incinerator is
located. The Assistant Administrator for Solid Waste and Emergency Response will accept
comment on the tentative decision for 60 days. The Assistant Administrator for Solid Waste
and Emergency Response also may hold a public hearing upon request or at his discretion.
(3) After the close of the public comment period, the Assistant Administrator for Solid
Waste and Emergency Response will issue a decision whether or not to certify the
incinerator.
(50 FR 2005, Jan. 14, 1985)
§§265.353 -- 265.369 (Reserved)
Subpart P -- Thermal Treatment
§265.370 Other thermal treatment.
The regulations in this subpart apply to owners or operators of facilities that thermally
treat hazardous waste in devices other than enclosed devices using controlled flame
combustion, except as §265.1 provides otherwise. Thermal treatment in enclosed devices
using controlled flame combustion is subject to the requirements of subpart O if the unit
is an incinerator, and subpart H of Part 266, if the unit is a boiler or an industrial
furnace as defined in §260.10.
(50 FR 666, Jan. 4, 1985, as amended at 56 FR 32692, July 17, 1991)
§§265.371 -- 265.372 (Reserved)
§265.373 General operating requirements.
Before adding hazardous waste, the owner or operator must bring his thermal treatment
process to steady state (normal) conditions of operation -- including steady state
operating temperature -- using auxiliary fuel or other means, unless the process is a
non-continuous (batch) thermal treatment process which requires a complete thermal cycle
to treat a discrete quantity of hazardous waste.
§265.374 (Reserved)
§265.375 Waste analysis.
In addition to the waste analyses required by §265.13, the owner or operator must
sufficiently analyze any waste which he has not previously treated in his thermal process
to enable him to establish steady state (normal) or other appropriate (for a
non-continuous process) operating conditions (including waste and auxiliary fuel feed) and
to determine the type of pollutants which might be emitted. At a minimum, the analysis
must determine:
(a) Heating value of the waste;
(b) Halogen content and sulfur content in the waste; and
(c) Concentrations in the waste of lead and mercury, unless the owner or operator has
written, documented data that show that the element is not present.
(Comment: 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.)
§265.376 (Reserved)
§265.377 Monitoring and inspections.
(a) The owner or operator must conduct, as a minimum, the following monitoring and
inspections when thermally treating hazardous waste:
(1) Existing instruments which relate to temperature and emission control (if an emission
control device is present) must be monitored at least every 15 minutes. Appropriate
corrections to maintain steady state or other appropriate thermal treatment conditions
must be made immediately either automatically or by the operator. Instruments which relate
to temperature and emission control would normally include those measuring waste feed,
auxiliary fuel feed, treatment process temperature, and relevant process flow and level
controls.
(2) The stack plume (emissions), where present, must be observed visually at least hourly
for normal appearance (color and opacity). The operator must immediately make any
indicated operating corrections necessary to return any visible emissions to their normal
appearance.
(3) The complete thermal treatment process and associated equipment (pumps, valves,
conveyors, pipes, etc.) must be inspected at least daily for leaks, spills, and fugitive
emissions, and all emergency shutdown controls and system alarms must be checked to assure
proper operation.
§§265.378 -- 265.380 (Reserved)
§265.381 Closure.
At closure, the owner or operator must remove all hazardous waste and hazardous waste
residues (including, but not limited to, ash) from the thermal treatment process or
equipment.
(Comment: At closure, as throughout the operating period, unless the owner or operator can
demonstrate, in accordance with §261.3(c) or (d) of this chapter, that any solid waste
removed from his thermal treatment process or equipment is not a hazardous waste, the
owner or operator becomes a generator of hazardous waste and must manage it in accordance
with all applicable requirements of Parts 262, 263, and 265 of this chapter.)
§265.382 Open burning; waste explosives.
Open burning of hazardous waste is prohibited except for the open burning and detonation
of waste explosives. Waste explosives include waste which has the potential to detonate
and bulk military propellants which cannot safely be disposed of through other modes of
treatment. Detonation is an explosion in which chemical transformation passes through the
material faster than the speed of sound (0.33 kilometers/second at sea level). Owners or
operators choosing to open burn or detonate waste explosives must do so in accordance with
the following table and in a manner that does not threaten human health or the
environment.
TABLE/GRAPH OMITTED
§265.383 Interim status thermal treatment devices burning particular hazardous waste.
(a) Owners or operators of thermal treatment devices subject to this subpart may burn EPA
Hazardous Wastes FO20, FO21, FO22, FO23, FO26, or FO27 if they receive a certification
from the Assistant Administrator for Solid Waste and Emergency Response that they can meet
the performance standards of subpart O of Part 264 when they burn these wastes.
(b) The following standards and procedures will be used in determining whether to certify
a thermal treatment unit:
(1) The owner or operator will submit an application to the Assistant Administrator for
Solid Waste and Emergency Response containing the applicable information in §§270.19 and
270.62 demonstrating that the thermal treatment unit can meet the performance in subpart O
of Part 264 when they burn these wastes.
(2) The Assistant Administrator for Solid Waste and Emergency Response will issue a
tentative decision as to whether the thermal treatment unit can meet the performance
standards in subpart O of Part 264. Notification of this tentative decision will be
provided by newspaper advertisement and radio broadcast in the jurisdiction where the
thermal treatment device is located. The Assistant Administrator for Solid Waste and
Emergency Response will accept comment on the tentative decision for 60 days. The
Assistant Administrator for Solid and Emergency Response also may hold a public hearing
upon request or at his discretion.
(3) After the close of the public comment period, the Assistant Administrator for Solid
Waste and Emergency Response will issue a decision whether or not to certify the thermal
treatment unit.
(50 FR 2005, Jan. 14, 1985)
Subpart Q -- Chemical, Physical, and Biological Treatment
§265.400 Applicability.
The regulations in this subpart apply to owners and operators of facilities which treat
hazardous wastes by chemical, physical, or biological methods in other than tanks, surface
impoundments, and land treatment facilities, except as §265.1 provides otherwise.
Chemical, physical, and biological treatment of hazardous waste in tanks, surface
impoundments, and land treatment facilities must be conducted in accordance with subparts
J, K, and M, respectively.
§265.401 General operating requirements.
(a) Chemical, physical, or biological treatment of hazardous waste must comply with
§265.17(b).
(b) Hazardous wastes or treatment reagents must not be placed in the treatment process or
equipment if they could cause the treatment process or equipment to rupture, leak,
corrode, or otherwise fail before the end of its intended life.
(c) Where hazardous waste is continuously fed into a treatment process or equipment, the
process or equipment must be equipped with a means to stop this inflow (e.g., a waste feed
cut-off system or by-pass system to a standby containment device).
(Comment: These systems are intended to be used in the event of a in the treatment process
or equipment.)
§265.402 Waste analysis and trial tests.
(a) In addition to the waste analysis required by §265.13, whenever:
(1) A hazardous waste which is substantially different from waste previously treated in a
treatment process or equipment at the facility is to be treated in that process or
equipment, or
(2) A substantially different process than any previously used at the facility is to be
used to chemically treat hazardous waste;
the owner or operator must, before treating the different waste or using the different
process or equipment:
(i) Conduct waste analyses and trial treatment tests (e.g., bench scale or pilot plant
scale tests); or
(ii) Obtain written, documented information on similar treatment of similar waste under
similar operating conditions;
to show that this proposed treatment will meet all applicable requirements of §265.401
(a) and (b).
(Comment: As required by §265.13, the waste analysis plan must include analyses needed to
comply with §§265.405 and 265.406. As required by §265.73, the owner or operator must
place the results from each waste analysis and trial test, or the documented information,
in the operating record of the facility.)
§265.403 Inspections.
(a) The owner or operator of a treatment facility must inspect, where present:
(1) Discharge control and safety equipment (e.g., waste feed cut-off systems, by-pass
systems, drainage systems, and pressure relief systems) at least once each operating day,
to ensure that it is in good working order;
(2) Data gathered from monitoring equipment (e.g., pressure and temperature gauges), at
least once each operating day, to ensure that the treatment process or equipment is being
operated according to its design;
(3) The construction materials of the treatment process or equipment, at least weekly, to
detect corrosion or leaking of fixtures or seams; and
(4) The construction materials of, and the area immediately surrounding, discharge
confinement structures (e.g., dikes), at least weekly, to detect erosion or obvious signs
of leakage (e.g., wet spots or dead vegetation).
(Comment: As required by §265.15(c), the owner or operator must remedy any deterioration
or malfunction he finds.)
§265.404 Closure.
At closure, all hazardous waste and hazardous waste residues must be removed from
treatment processes or equipment, discharge control equipment, and discharge confinement
structures.
(Comment: At closure, as throughout the operating period, unless the owner or operator can
demonstrate, in accordance with §261.3 (c) or (d) of this chapter, that any solid waste
removed from his treatment process or equipment is not a hazardous waste, the owner or
operator becomes a generator of hazardous waste and must manage it in accordance with all
applicable requirements of Parts 262, 263, and 265 of this chapter.)
§265.405 Special requirements for ignitable or reactive waste.
(a) Ignitable or reactive waste must not be placed in a treatment process or equipment
unless:
(1) The waste is treated, rendered, or mixed before or immediately after placement in the
treatment process or equipment so that (i) the resulting waste, mixture, or dissolution of
material no longer meets the definition of ignitable or reactive waste under §261.21 or
§261.23 or this chapter, and (ii) §265.17(b) is complied with; or
(2) The waste is treated in such a way that it is protected from any material or
conditions which may cause the waste to ignite or react.
§265.406 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 treatment process or equipment, unless
§265.17(b) is complied with.
(b) Hazardous waste must not be placed in unwashed treatment equipment which previously
held an incompatible waste or material, unless §265.17(b) is complied with.
Subpart R -- Underground Injection
§265.430 Applicability.
Except as §265.1 provides otherwise:
(a) The owner or operator of a facility which disposes of hazardous waste by underground
injection is excluded from the requirements of subparts G and H of this part.
(b) The requirements of this subpart apply to owners and operators of wells used to
dispose of hazardous waste which are classified as Class I under §144.6(a) of this
chapter and which are classified as Class IV under §144.6(d) of this chapter.
(Comment: In addition to the requirements of subparts A through E of this part, the owner
or operator of a facility which disposes of hazardous waste by underground injection
ultimately must comply with the requirements of §§265.431 through 265.437. These
sections are reserved at this time. The Agency will propose regulations that would
establish those requirements.)
(45 FR 33232, May 19, 1980, as amended at 48 FR 30115, June 30, 1983)
Subpart W -- Drip Pads
§265.440 Applicability.
(a) The requirements of this subpart apply to owners and operators of facilities that use
new or existing drip pads to convey treated wood drippage, precipitation, and/or surface
water run-on to an associated collection system. Existing drip pads are those constructed
before December 6, 1990, and those for which the owner or operator has generated a design
and has entered into binding financial or other agreements for construction prior to
December 6, 1990. All other drip pads are new drip pads.
(b) The owner or operator of any drip pad that is inside or under a structure that
provides protection from precipitation so that neither run-off nor run-on is generated is
not subject to regulation under §265.443(e) or §265.443(f), as appropriate.
(55 FR 50486, Dec. 6, 1990, as amended by 56 FR 30198, July 1, 1991)
§265.441 Assessment of existing drip pad integrity.
(a) For each existing drip pad as defined in §265.440 of this subpart, the owner or
operator must evaluate the drip pad and determine that it meets all of the requirements of
this subpart, except the requirements for liners and leak detection systems of
§265.443(b). No later than the effective date of this rule, the owner or operator must
obtain and keep on file at the facility a written assessment of the drip pad, reviewed and
certified by an independent, qualified registered professional engineer that attests to
the results of the evaluation. The assessment must be reviewed, updated and re-certified
annually until all upgrades, repairs, or modifications necessary to achieve compliance
with all of the standards of §265.443 of this subpart are complete. The evaluation must
justify and document the extent to which the drip pad meets each of the design and
operating standards of §265.443 of this subpart, except the standards for liners and leak
detection systems, specified in §265.443(b) of this subpart, and must document the age of
the drip pad to the extent possible, to document compliance with paragraph (b) of this
section.
(b) The owner or operator must develop a written plan for upgrading, repairing, and
modifying the drip pad to meet the requirements of §265.443(b) of this subpart and submit
the plan to the Regional Administrator no later than 2 years before the date that all
repairs, upgrades, and modifications will be complete. This written plan must describe all
changes to be made to the drip pad in sufficient detail to document compliance with all
the requirements of §265.443 of this subpart and must document the age of the drip pad to
the extent possible. The plan must be reviewed and certified by an independent qualified,
registered professional engineer. All upgrades, repairs, and modifications must be
completed in accordance with the following:
(1) For existing drip pads of known and documentable age, all upgrades, repairs, and
modifications must be completed within two years of the effective date of this rule, or
when the drip pad has reached 15 years of age, whichever comes later.
(2) For existing drip pads for which the age cannot be documented, within 8 years of the
effective date of this rule, but if the age of the facility is greater than 7 years, all
upgrades, repairs and modifications must be completed by the time the facility reaches 15
years of age or by two years after the effective date of this rule, whichever comes later.
(3) If the owner or operator believes that the drip pad will continue to meet all of the
requirements of §265.443 of this subpart after the date upon which all upgrades, repairs
and modifications must be completed as established under paragraphs (b) (1) and (2) of
this section, the owner or operator may petition the Regional Administrator for an
extension of the deadline as specified in paragraph (b) (1) or (2) of this section. The
Regional Administrator will grant the petition for extension based on a finding that the
drip pad meets all of the requirements of §265.443, except those for liners and leak
detection systems specified in §265.443(b), and that it will continue to be protective of
human health and the environment.
(c) Upon completion of all, repairs, and modifications, the owner or operator must submit
to the Regional Administrator or State Director, the as-built drawings for the drip pad
together with a certification by an independent, qualified registered professional
engineer attesting that the drip pad conforms to the drawings.
(d) If the drip pad is found to be leaking or unfit for use, the owner or operator must
comply with the provisions of §265.443(m) of this subpart or close the drip pad in
accordance with §265.445 of this subpart.
Effective Date Note: At 55 FR 50487, Dec. 6, 1990, §265.441 was added. Paragraph (a)
contains information collection and recordkeeping requirements and will not become
effective until approval has been given by the Office of Management and Budget. A notice
will be published in the Federal Register once approval has been obtained.
§265.442 Design and installation of new drip pads.
Owners and operators of new drip pads must ensure that the pads are designed, installed
and operated in accordance with all of the applicable requirements of §§265.443, 265.444
and 265.445 of this subpart.