40 CFR Part 265 -- INTERIM STATUS
STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL
FACILITIES
§265.34 Access to communications or alarm system.
(a) Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all
personnel involved in the operation must have immediate access to an internal alarm or
emergency communication device, either directly or through visual or voice contact with
another employee, unless such a device is not required under §265.32.
(b) If there is ever just one employee on the premises while the facility is operating, he
must have immediate access to a device, such as a telephone (immediately available at the
scene of operation) or a hand-held two-way radio, capable of summoning external emergency
assistance, unless such a device is not required under §265.32.
§265.35 Required aisle space.
The owner or operator must maintain aisle space to allow the unobstructed movement of
personnel, fire protection equipment, spill control equipment, and decontamination
equipment to any area of facility operation in an emergency, unless aisle space is not
needed for any of these purposes.
§265.36 (Reserved)
v265.37 Arrangements with local authorities.
(a) The owner or operator must attempt to make the following arrangements, as appropriate
for the type of waste handled at his facility and the potential need for the services of
these organizations:
(1) Arrangements to familiarize police, fire departments, and emergency response teams
with the layout of the facility, properties of hazardous waste handled at the facility and
associated hazards, places where facility personnel would normally be working, entrances
to roads inside the facility, and possible evacuation routes;
(2) Where more than one police and fire department might respond to an emergency,
agreements designating primary emergency authority to a specific police and a specific
fire department, and agreements with any others to provide support to the primary
emergency authority;
(3) Agreements with State emergency response teams, emergency response contractors, and
equipment suppliers; and
(4) Arrangements to familiarize local hospitals with the properties of hazardous waste
handled at the facility and the types of injuries or illnesses which could result from
fires, explosions, or releases at the facility.
(b) Where State or local authorities decline to enter into such arrangements, the owner or
operator must document the refusal in the operating record.
Subpart D -- Contingency Plan and Emergency Procedures
§265.50 Applicability.
The regulations in this subpart apply to owners and operators of all hazardous waste
facilities, except as §265.1 provides otherwise.
§265.51 Purpose and implementation of contingency plan.
(a) Each owner or operator must have a contingency plan for his facility. The contingency
plan must be designed to minimize hazards to human health or the environment from fires,
explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous
waste constituents to air, soil, or surface water.
(b) The provisions of the plan must be carried out immediately whenever there is a fire,
explosion, or release of hazardous waste or hazardous waste constituents which could
threaten human health or the environment.
(Approved by the Office of Management and Budget under control number 2050-0002)
(45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985)
§265.52 Content of contingency plan.
(a) The contingency plan must describe the actions facility personnel must take to comply
with §§265.51 and 265.56 in response to fires, explosions, or any unplanned sudden or
non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or
surface water at the facility.
(b) If the owner or operator has already prepared a Spill Prevention, Control, and
Countermeasures (SPCC) Plan in accordance with Part 112 of this chapter, or Part 1510 of
chapter V, or some other emergency or contingency plan, he need only amend that plan to
incorporate hazardous waste management provisions that are sufficient to comply with the
requirements of this part.
(c) The plan must describe arrangements agreed to by local police departments, fire
departments, hospitals, contractors, and State and local emergency response teams to
coordinate emergency services, pursuant to §265.37.
(d) The plan must list names, addresses, and phone numbers (office and home) of all
persons qualified to act as emergency coordinator (see §265.55), and this list must be
kept up to date. Where more than one person is listed, one must be named as primary
emergency coordinator and others must be listed in the order in which they will assume
responsibility as alternates.
(e) The plan must include a list of all emergency equipment at the facility (such as fire
extinguishing systems, spill control equipment, communications and alarm systems (internal
and external), and decontamination equipment), where this equipment is required. This list
must be kept up to date. In addition, the plan must include the location and a physical
description of each item on the list, and a brief outline of its capabilities.
(f) The plan must include an evacuation plan for facility personnel where there is a
possibility that evacuation could be necessary. This plan must describe signal(s) to be
used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases
where the primary routes could be blocked by releases of hazardous waste or fires).
(Approved by the Office of Management and Budget under control number 2050-0002)
(45 FR 33232, May 19, 1980, as amended at 46 FR 27480, May 20, 1981; 50 FR 4514, Jan. 31,
1985)
§265.53 Copies of contingency plan.
A copy of the contingency plan and all revisions to the plan must be:
(a) Maintained at the facility; and
(b) Submitted to all local police departments, fire departments, hospitals, and State and
local emergency response teams that may be called upon to provide emergency services.
(Approved by the Office of Management and Budget under control number 2050-0002)
(45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985)
§265.54 Amendment of contingency plan.
The contingency plan must be reviewed, and immediately amended, if whenever:
(a) Applicable regulations are revised;
(b) The plan fails in an emergency;
(c) The facility changes -- in its design, construction, operation, maintenance, or other
circumstances -- in a way that materially increases the potential for fires, explosions,
or releases of hazardous waste or hazardous waste constituents, or changes the response
necessary in an emergency;
(d) The list of emergency coordinators changes; or
(e) The list of emergency equipment changes.
(Approved by the Office of Management and Budget under control number 2050-0002)
(45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985)
§265.55 Emergency coordinator.
At all times, there must be at least one employee either on the facility premises or on
call (i.e., available to respond to an emergency by reaching the facility within a short
period of time) with the responsibility for coordinating all emergency response measures.
This emergency coordinator must be thoroughly familiar with all aspects of the facility's
contingency plan, all operations and activities at the facility, the location and
characteristics of waste handled, the location of all records within the facility, and the
facility layout. In addition, this person must have the authority to commit the resources
needed to carry out the contingency plan.
(Comment: The emergency coordinator's responsibilities are more fully spelled out in
§265.56. Applicable responsibilities for the emergency coordinator vary, depending on
factors such as type and variety of waste(s) handled by the facility, and type and
complexity of the facility.)
§265.56 Emergency procedures.
(a) Whenever there is an imminent or actual emergency situation, the emergency coordinator
(or his designee when the emergency coordinator is on call) must immediately:
(1) Activate internal facility alarms or communication systems, where applicable, to
notify all facility personnel; and
(2) Notify appropriate State or local agencies with designated response roles if their
help is needed.
(b) Whenever there is a release, fire, or explosion, the emergency coordinator must
immediately identify the character, exact source, amount, and a real extent of any
released materials. He may do this by observation or review of facility records or
manifests and, if necessary, by chemical analysis.
(c) Concurrently, the emergency coordinator must assess possible hazards to human health
or the environment that may result from the release, fire, or explosion. This assessment
must consider both direct and indirect effects of the release, fire, or explosion (e.g.,
the effects of any toxic, irritating, or asphyxiating gases that are generated, or the
effects of any hazardous surface water run-offs from water or chemical agents used to
control fire and heat-induced explosions).
(d) If the emergency coordinator determines that the facility has had a release, fire, or
explosion which could threaten human health, or the environment, outside the facility, he
must report his findings as follows:
(1) If his assessment indicates that evacuation of local areas may be advisable, he must
immediately notify appropriate local authorities. He must be available to help appropriate
officials decide whether local areas should be evacuated; and
(2) He must immediately notify either the government official designated as the on-scene
coordinator for that geographical area (in the applicable regional contingency plan under
Part 1510 of this title), or the National Response Center (using their 24-hour toll free
number 800/424-8802). The report must include:
(i) Name and telephone number of reporter;
(ii) Name and address of facility;
(iii) Time and type of incident (e.g., release, fire);
(iv) Name and quantity of material(s) involved, to the extent known;
(v) The extent of injuries, if any; and
(vi) The possible hazards to human health, or the environment, outside the facility.
(e) During an emergency, the emergency coordinator must take all reasonable measures
necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to
other hazardous waste at the facility. These measures must include, where applicable,
stopping processes and operations, collecting and containing released waste, and removing
or isolating containers.
(f) If the facility stops operations in response to a fire, explosion or release, the
emergency coordinator must monitor for leaks, pressure buildup, gas generation, or
ruptures in valves, pipes, or other equipment, wherever this is appropriate.
(g) Immediately after an emergency, the emergency coordinator must provide for treating,
storing, or disposing of recovered waste, contaminated soil or surface water, or any other
material that results from a release, fire, or explosion at the facility.
(Comment: Unless the owner or operator can demonstrate, in accordance with §261.3(c) or
(d) of this chapter, that the recovered material 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.)
(h) The emergency coordinator must ensure that, in the affected area(s) of the facility:
(1) No waste that may be incompatible with the released material is treated, stored, or
disposed of until cleanup procedures are completed; and
(2) All emergency equipment listed in the contingency plan is cleaned and fit for its
intended use before operations are resumed.
(i) The owner or operator must notify the Regional Administrator, and appropriate State
and local authorities, that the facility is in compliance with paragraph (h) of this
section before operations are resumed in the affected area(s) of the facility.
(j) The owner or operator must note in the operating record the time, date, and details of
any incident that requires implementing the contingency plan. Within 15 days after the
incident, he must submit a written report on the incident to the Regional Administrator.
The report must include:
(1) Name, address, and telephone number of the owner or operator;
(2) Name, address, and telephone number of the facility;
(3) Date, time, and type of incident (e.g., fire, explosion);
(4) Name and quantity of material(s) involved;
(5) The extent of injuries, if any;
(6) An assessment of actual or potential hazards to human health or the environment, where
this is applicable; and
(7) Estimated quantity and disposition of recovered material that resulted from the
incident.
(Approved by the Office of Management and Budget under control number 2050-0002)
(45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985)
Subpart E -- Manifest System, Recordkeeping, and Reporting
§265.70 Applicability.
The regulations in this subpart apply to owners and operators of both on-site and off-site
facilities, except as §265.1 provides otherwise. Sections 265.71, 265.72, and 265.76 do
not apply to owners and operators of on-site facilities that do not receive any hazardous
waste from off-site sources.
§265.71 Use of manifest system.
(a) If a facility receives hazardous waste accompanied by a manifest, the owner or
operator, or his agent, must:
(1) Sign and date each copy of the manifest to certify that the hazardous waste covered by
the manifest was received;
(2) Note any significant discrepancies in the manifest (as defined in §265.72(a)) on each
copy of the manifest;
(Comment: The Agency does not intend that the owner or operator of a facility whose
procedures under §265.13(c) include waste analysis must perform that analysis before
signing the manifest and giving it to the transporter. Section 265.72(b), however,
requires reporting an unreconciled discrepancy discovered during later analysis.)
(3) Immediately give the transporter at least one copy of the signed manifest;
(4) Within 30 days after the delivery, send a copy of the manifest to the generator; and
(5) Retain at the facility a copy of each manifest for at least three years from the date
of delivery.
(b) If a facility receives, from a rail or water (bulk shipment) transporter, hazardous
waste which is accompanied by a shipping paper containing all the information required on
the manifest (excluding the EPA identification numbers, generator's certification, and
signatures), the owner or operator, or his agent, must:
(1) Sign and date each copy of the manifest or shipping paper (if the manifest has not
been received) to certify that the hazardous waste covered by the manifest or shipping
paper was received;
(2) Note any significant discrepancies (as defined in §265.72(a)) in the manifest or
shipping paper (if the manifest has not been received) on each copy of the manifest or
shipping paper;
(Comment: The Agency does not intend that the owner or operator of a facility whose
procedures under §265.13(c) include waste analysis must perform that analysis before
signing the shipping paper and giving it to the transporter. Section 265.72(b), however,
requires reporting an unreconciled discrepancy discovered during later analysis.)
(3) Immediately give the rail or water (bulk shipment) transporter at least one copy of
the manifest or shipping paper (if the manifest has not been received);
(4) Within 30 days after the delivery, send a copy of the signed and dated manifest to the
generator; however, if the manifest has not been received within 30 days after delivery,
the owner or operator, or his agent, must send a copy of the shipping paper signed and
dated to the generator; and
(Comment: Section 262.23(c) of this chapter requires the generator to send three copies of
the manifest to the facility when hazardous waste is sent by rail or water (bulk
shipment).)
(5) Retain at the facility a copy of the manifest and shipping paper (if signed in lieu of
the manifest at the time of delivery) for at least three years from the date of delivery.
(c) Whenever a shipment of hazardous waste is initiated from a facility, the owner or
operator of that facility must comply with the requirements of Part 262 of this chapter.
(Comment: The provisions of §262.34 are applicable to the on-site accumulation of
hazardous wastes by generators. Therefore, the provisions of §262.34 only apply to owners
or operators who are shipping hazardous waste which they generated at that facility.)
(Approved by the Office of Management and Budget under control number 2050-0039)
(45 FR 33232, May 19, 1980, as amended at 45 FR 86970, 86974, Dec. 31, 1980; 50 FR 4514,
Jan. 31, 1985)
§265.72 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 2050-0039)
(45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985)
§265.73 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 §§265.119, 265.279, and 265.309 for related requirements.)
(3) Records and results of waste analyses and trial tests performed as specified in
§§265.13, 265.200, 265.225, 265.252, 265.273, 265.314, 265.341, 265.375, 265.402,
265.1034, 265.1063, 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 §265.56(j);
(5) Records and results of inspections as required by §265.15(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 §§265.19, 265.90, 265.94, 265.191, 265.193, 265.195, 265.222, 265.223,
265.226, 265.255, 265.259, 265.260, 265.276, 265.278, 265.280(d)(1), 265.302-265.304,
265.347, 265.377, 265.1034(c)-265.1034(f), 265.1035, 265.1063(d)-264.1063(i), and
265.1064.
(Comment: As required by §265.94, monitoring data at disposal facilities must be kept
throughout the post-closure period.)
(7) All closure cost estimates under §265.142 and, for disposal facilities, all
post-closure cost estimates under §265.144.
(8) 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, monitoring data required pursuant to a
petition under §268.6, or a certification under §268.8, and the applicable notice
required by a generator under §268.7(a).
(9) 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;
(10) 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 under §268.7 or §268.8;
(11) 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 or §268.8;
(12) For an on-site land disposal 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 of a treatment facility under §268.7
or §268.8.
(13) 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
(14) 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 of a treatment facility under §268.7 or v268.8.
(Approved by Office of Management and Budget under control numbers 2050-0038 and
2040-0042)
(45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 50 FR 18374, Apr. 30,
1985; 51 FR 40638, Nov. 7, 1986; 53 FR 31211, Aug. 17, 1988; 54 FR 26648, June 23, 1989;
55 FR 25507, June 21, 1990; 56 FR 19290, Apr. 26, 1991; 57 FR 3492, Jan. 29, 1992)
Effective Date Note: At 57 FR 3492, Jan. 29, 1992, 265.73 was amended by revising
paragraph (b)(6), effective July 29, 1992. For the convenience of the reader, the
superseded text is set forth below.
§265.73 Operating record.
* * * * *
(b) * * *
(6) Monitoring, testing or analytical data when required by §§265.90, 265.94, 265.191,
265.193, 265.195, 265.276, 265.278, 265.280(d)(1), 265.347, 265.377,
265.1034(c)-265.1034(f), 265.1035, 265.1063(d)-265.1063(i), and 265.1064.
* * * * *
§265.74 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 §265.73(b)(2) must
be submitted to the Regional Administrator and local land authority upon closure of the
facility (see §265.119).
(Approved by the Office of Management and Budget under control number 2050-0013)
(45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985)
§265.75 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 the following information:
(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) Monitoring data under §§265.94(a)(2)(ii) and (iii), and (b)(2), where required;
(g) The most recent closure cost estimate under §265.142, and, for disposal facilities,
the most recent post-closure cost estimate under §265.144; 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 33232, May 19, 1980, as amended at 48 FR 3982, Jan. 28, 1983; 50 FR 4514, Jan. 31,
1985; 51 FR 28556, Aug. 8, 1986)