2
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Parts
124,
260,
267,
and
270
[
RCRA­
2001­
0029;
FRL­
]
(
RAN
2050­
AE44)
Hazardous
Waste
Management
System;
Standardized
Permit
for
RCRA
Hazardous
Waste
Management
Facilities
AGENCY:
Environmental
Protection
Agency.

ACTION:
Final
Rule
SUMMARY:
The
Environmental
Protection
Agency
(
EPA)
is
finalizing
revisions
to
the
RCRA
hazardous
waste
permitting
program,
originally
proposed
on
October
12,
2001,
to
allow
for
a
"
standardized
permit."
The
standardized
permit
will
be
available
to
RCRA
treatment,
storage,

and
disposal
facilities
(
TSDs)
otherwise
subject
to
RCRA
permitting
that
generate
and
then
store
or
non­
thermally
treat
hazardous
waste
on­
site
in
tanks,
containers,
and
containment
buildings.

The
standardized
permit
will
also
be
available
to
facilities
which
receive
hazardous
waste
generated
off­
site
by
a
generator
under
the
same
ownership
as
the
receiving
facility,
and
which
then
store
or
non­
thermally
treat
the
hazardous
waste
in
containers,
tanks,
or
containment
buildings.
The
standardized
permit
will
streamline
the
permitting
process
by
allowing
facilities
to
obtain
and
modify
permits
more
easily,
while
still
achieving
the
same
level
of
environmental
protection
as
individual
permits.

This
rule
finalizes
the
proposal,
with
changes
based
on
public
comments.
In
the
preamble
to
proposed
rule,
the
Agency
also
requested
comments
on
other
permitting­
related
topics
including:
how
cleanups
under
non­
RCRA
state
cleanup
programs
might
be
reflected
in
RCRA
permits;
the
conclusions
about
captive
insurance
in
a
March,
2001
report
by
EPA's
Inspector
General;
and
whether
insurers
that
provide
financial
assurance
for
hazardous
waste
and
PCB
facilities
have
a
minimum
rating
from
commercial
rating
services.
The
Agency
is
not
taking
action
at
this
point
on
these
questions.

DATES:
This
rule
is
effective
on
[
Insert
date
30
days
after
publication
in
the
Federal
Register.]

ADDRESSES:
3
EPA
has
established
a
docket
for
this
action
under
Docket
ID
No.
RCRA­
2001­
0029.
All
documents
in
the
docket
are
listed
in
the
DOCKET
index
at
http://
www.
epa.
gov/
edocket.

Although
listed
in
the
index,
some
information
is
not
publicly
available,
i.
e.,
CBI
or
other
information
whose
disclosure
is
restricted
by
statute.
Certain
other
material,
such
as
copyrighted
material,
is
not
placed
on
the
Internet
and
will
be
publicly
available
only
in
hard
copy
form.

Publicly
available
docket
materials
are
available
either
electronically
in
DOCKET
or
in
hard
copy
at
the
Resource
Conservation
and
Recovery
Act
(
RCRA)
Docket,
EPA/
DC,
EPA
West,
Room
B102,
1301
Constitution
Ave.,
NW,
Washington,
DC.
The
Public
Reading
Room
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
telephone
number
for
the
Public
Reading
Room
is
(
202)
566­
1744,
and
the
telephone
number
for
the
RCRA
Docket
is
(
202)
566­
0270
FOR
FURTHER
INFORMATION
CONTACT:

Jeff
Gaines,
Permits
and
State
Programs
Division,
Office
of
Solid
Waste,
Mail
Code
5303W,
Environmental
Protection
Agency
,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460;
telephone
number:
703­
308­
8655;
fax
number:
703­
308­
8609;
e­
mail
address:

gaines.
jeff@
epa.
gov.

SUPPLEMENTARY
INFORMATION:

How
Can
I
Get
Copies
Of
The
Standardized
Permit
Rule
and
Other
Related
Information
?

1.
Docket.
EPA
has
established
an
official
public
docket
for
this
action
under
Docket
ID
No.

RCRA­
2001­
0029.
The
official
public
docket
is
the
collection
of
materials
specifically
referenced
in
this
action,
any
public
comments
received,
and
other
information
related
to
this
action.

Although
a
part
of
the
official
docket,
the
public
docket
does
not
include
Confidential
Business
Information
(
CBI)
or
other
information
whose
disclosure
is
restricted
by
statute.
The
official
public
docket
is
available
for
public
viewing
at
the
RCRA
Information
Center
in
the
EPA
Docket
Center,
(
EPA/
DC)
EPA
West,
Room
B102,
1301
Constitution
Ave.,
NW,
Washington,
DC.
The
4
EPA
Docket
Center
Public
Reading
Room
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.

2.
Electronic
Access.
You
may
access
this
Federal
Register
document
electronically
through
the
EPA
Internet
under
the
"
Federal
Register"
listings
at
http://
www.
epa.
gov/
fedrgstr/.

An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
to
view
public
comments,
access
the
index
listing
of
the
contents
of
the
official
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
docket
facility
identified
above.

Once
in
the
system,
select
"
search,"
then
key
in
the
appropriate
docket
identification
number.

The
official
record
for
this
action
will
be
kept
in
paper
form.
Accordingly,
we
will
transfer
all
comments
received
electronically
into
paper
form
and
place
them
in
the
official
record,
which
will
also
include
all
comments
submitted
directly
in
writing.
The
official
record
is
the
paper
record
maintained
at
the
RCRA
Information
Center.

Our
responses
to
comments,
whether
the
comments
are
written
or
electronic,
appear
in
a
response
to
comments
document
that
we
will
place
in
the
official
record
for
this
rulemaking.

Acronyms
used
in
today'
preamble
are
listed
below:

APA:
Administrative
Procedures
Act
EA.
B:
Environmental
Appeals
Board
EPA:
Environmental
Protection
Agency
CAMU:
Corrective
Action
Management
Unit
CFR:
Code
of
Federal
Regulations
EO:
Executive
Order
FR:
Federal
Regulations
HSWA:
Hazardous
and
Solid
Waste
Amendments
MOU:
Memorandum
of
Understanding
5
MSWLF:
Municipal
Solid
Waste
Landfill
Facilities
NAICS:
North
American
Industry
Classification
System
NPDES:
National
Pollution
Discharge
Elimination
System
NTTAA:
National
Technology
Transfer
and
Advancement
Act
OMB:
Office
of
Management
and
Budget
PIT:
Permit
Improvement
Team
PPE:
Personal
Protection
Equipment
RCRA:
Resource
Conservation
and
Recovery
Act
RFA:
RCRA
Facility
Assessment
SIC:
Standard
Industrial
Classification
SBREFA:
Small
Business
Regulatory
Enforcement
Fairness
Act
SWMU:
Solid
Waste
Management
Unit
TSD:
Treatment
Storage
and
Disposal
(
facility)

UMRA:
Unfunded
Mandates
Reform
Act
The
contents
of
today's
preamble
are
listed
in
the
following
outline:

I.
Authority
II.
Overview
and
Background
A.
Background
B.
Overview
1.
Effect
of
Today's
Rule
2.
What
Is
Being
Finalized
in
Today's
Rule
C.
What
Is
a
Standardized
Permit?

D.
Who
Is
Eligible
for
a
Standardized
Permit?

E.
Other
General
Comments
on
the
Standardized
Permit
Rule
F.
Should
a
Standard
Form
Be
Developed
for
Preparing
the
Required
Part
B
Information?

G.
Should
the
Current
Provisions
for
Final
Issuance
of
an
Individual
Permit
Apply
to
Standardized
Permits?

III.
Section
by
Section
Analysis
and
Response
to
Comments
for
the
40
CFR
Part
124
Requirements
Related
to
the
Standardized
Permit
Rule
6
A.
Applying
for
a
Standardized
Permit
1.
How
Do
I
Apply
for
a
Standardized
Permit?

a.
Conduct
a
Pre­
application
Meeting
b.
Submit
a
Notice
of
Intent
to
Operate
under
the
Standardized
Permit
along
with
Appropriate
Supporting
Documents
2.
How
Do
I
Switch
from
an
Individual
Permit
to
a
Standardized
Permit?

B.
Issuing
a
Standardized
Permit
1.
How
Does
the
Regulatory
Agency
Prepare
a
Draft
Standardized
Permit?

a.
Drafting
Terms
and
Conditions
for
the
Supplemental
Portion
b.
Denying
Coverage
under
the
Standardized
Permit
c.
Preparing
the
Draft
Permit
Decision.

2.
How
Does
the
Regulatory
Agency
Prepare
a
Final
Standardized
Permit?

C.
Public
Involvement
in
the
Standardized
Permit
Process
1.
Requirements
for
Public
Notices
2.
Opportunities
for
Public
Comments
and
Hearings
3.
Responding
to
Comments
4.
May
I,
as
an
Interested
Party,
Appeal
a
Final
Permit
Decision?

D.
Maintaining
a
Standardized
Permit
1.
What
Types
of
Changes
Can
Owners
or
Operators
Make?

2.
What
Are
the
Definitions
of
Routine,
Routine
with
Prior
Agency
Approval,
and
Significant
Changes
and
What
Are
the
Requirements
for
Making
Those
Changes?

a.
Routine
Changes
b.
Routine
Changes
with
Prior
Agency
Approval
c.
Significant
Changes
3.
How
Do
I
Renew
a
Standardized
Permit?

IV.
Section
by
Section
Analysis
and
Response
to
Comments
for
the
40
CFR
Part
267
Requirements
Related
to
the
Standardized
Permit
Rule
A.
Overview
B.
Subpart
A
­
General
1.
Purpose,
Scope,
and
Applicability
7
2.
Relationship
to
Interim
Status
Standards
3.
Imminent
Hazard
Action
C.
Subpart
B
­
General
Facility
Standards
1.
Applicability.

2.
How
Do
I
Comply
with
this
Subpart?

3.
How
Do
I
Obtain
an
EPA
Identification
Number?

4.
What
Are
the
Waste
Analysis
Requirements?

5.
What
Are
the
Security
Requirements?

6.
What
Are
the
Inspection
Schedule
Requirements?

7.
What
Are
the
Training
Requirements?

8.
What
Are
the
Requirements
for
Managing
Ignitable,
Reactive,
or
Incompatible
Waste?

9.
What
Are
the
Location
Standards?

D.
Subpart
C
­
Preparedness
and
Prevention
1.
What
Are
the
Design
and
Operation
Standards?

2.
What
Equipment
Must
I
Have?

3.
What
Are
the
Testing
and
Maintenance
Requirements
for
Equipment?

4.
What
Are
the
Requirements
for
Access
to
Communication
Equipment
or
an
Alarm
System?

5.
What
Are
the
Requirements
for
Access
for
Personnel
and
Equipment
During
Emergencies?

6.
What
Are
the
Requirements
for
Arrangements
with
Local
Authorities
for
Emergencies?

E.
Subpart
D
­
Contingency
Plans
and
Emergency
Procedures
F.
Subpart
E
­
Record
Keeping,
Reporting,
and
Notifying
G.
Subpart
F
­
Releases
from
Solid
Waste
Management
Units
H.
Subpart
G
­
Closure
1.
Does
this
Subpart
Apply
to
Me?
8
2.
What
General
Standards
Must
I
Meet
When
I
Stop
Operating
the
Unit?

3.
What
Procedures
Must
I
Follow?

4.
Will
the
Public
Have
the
Opportunity
to
Comment
on
the
Plan?

5.
What
Happens
If
the
Plan
Is
Not
Approved?

6.
After
I
Stop
Operating,
How
Long
Do
I
Have
Until
I
Must
Close?

7.
What
Must
I
Do
With
Contaminated
Equipment,
Structures,
and
Soils?

8.
How
Do
I
Certify
Closure?

I.
Subpart
H
­
Financial
Requirements
1.
Who
Has
to
Comply
with
this
Subpart
and
Briefly
What
Must
They
Do?

2.
Definitions
3.
Closure
Cost
Estimates
4.
Financial
Assurance
for
Closure
5.
Post
Closure
Financial
Responsibility
6.
Liability
Requirements
7.
Other
Provisions
of
the
Financial
Requirements
J.
Subpart
I
­
Use
and
Management
of
Containers
K.
Subpart
J
­
Use
and
Management
of
Tanks
1.
Does
this
Subpart
Apply
to
Me?

2.
What
Are
the
Required
Design
and
Construction
Standards
for
New
Tank
Systems
or
Components?

3.
What
Handling
and
Inspection
Procedures
Must
I
Follow
During
Installation
of
New
Tank
Systems?

4.
What
Testing
Must
I
Do
for
New
Tank
Systems?

5.
What
Installation
Requirements
Must
I
Follow?

6.
What
Are
the
Secondary
Containment
Requirements?

7.
What
Are
the
Required
Devices
for
Secondary
Containment
and
What
Are
Their
Design,
Operating,
and
Installation
Requirements?

8.
What
Are
the
Requirements
for
Ancillary
Equipment?
9
9.
What
Are
the
General
Operating
Requirements
for
a
Tank
System?

10.
What
Inspection
Requirements
Must
I
Meet?

11.
What
Must
I
Do
in
Case
of
a
Leak
or
Spill?

12.
What
Must
I
Do
When
I
Stop
Operating
the
Tank
System?

13.
What
Special
Requirements
Must
I
Meet
for
Ignitable
or
Reactive
Wastes?

14.
What
Special
Requirements
Must
I
Meet
for
Incompatible
Wastes?

15.
What
Air
Emission
Standards
Apply?

L.
Subpart
DD
­
Use
and
Management
of
Containment
Buildings
V.
Section
by
Section
Analysis
and
Response
to
Comments
for
the
40
CFR
Part
270
Requirements
Related
to
the
Standardized
Permit
Rule
A.
Specific
Changes
to
Part
270
1.
Purpose
and
Scope
2.
Definitions
3.
Permit
Applications
4.
Permit
Re­
application
5.
Transfer
of
Permits
6.
Continuation
of
Expiring
Permits
7.
Standardized
Permits
B.
Standardized
Permits
1.
General
Information
about
Standardized
Permits
a.
What
Is
a
RCRA
Standardized
Permit?

b.
Who
Is
Eligible
for
a
Standardized
Permit?

c.
What
Requirements
of
Part
270
Apply
to
a
Standardized
Permit?

2.
Applying
for
a
Standardized
Permit
a.
How
Do
I
Apply
for
a
Standardized
Permit?

b.
What
Information
Must
I
Submit
to
the
Permitting
Agency
to
Support
My
Standardized
Permit?

3.
What
Information
Must
I
Keep
at
the
Facility?

a.
Section
270.290(
bd)
10
b.
Section
270.290(
dm)

c.
Section
270.290(
m)

VI.
State
Authorization
A.
Applicability
of
the
Rule
in
Authorized
States
B.
Effect
of
State
Authorization
VII.
Regulatory
Assessments
A.
Executive
Order
12866:
Regulatory
Planning
and
Review
B.
Paperwork
Reduction
Act
C.
Regulatory
Flexibility
Act
D.
Unfunded
Mandates
Reform
Act
E.
Executive
Order
13132:
Federalism
F.
Executive
Order
13175:
Consultation
and
Coordination
with
Indian
Tribal
Governments
G.
Executive
Order
13045:
Protection
of
Children
from
Environmental
Health
&
Safety
Risks
H.
Executive
Order
13211:
Actions
that
Significantly
Affect
Energy
Supply,
Distribution,

or
Use
I.
National
Technology
Transfer
and
Advancement
Act
J.
Executive
Order
12898:
Federal
Actions
to
Address
Environmental
Justice
in
Minority
Populations
and
Low­
Income
Populations
VIII.
List
of
References
IX.
List
of
Subjects
1The
Agency
also
took
comment
on
other
permitting
related
topics,
including
how
facilities
can
satisfy
corrective
action
through
alternate
cleanup
programs,
and
issues
related
to
financial
assurance.
The
Agency
is
deferring
action
on
those
portions
of
the
proposal.

11
I.
Authority
The
Environmental
Protection
Agency
is
promulgating
these
regulations
under
the
authority
of
sections
1003,
2002(
a),
3004,
3005,
3006,
3007,
and
3010
of
the
Solid
Waste
Disposal
Act
of
1970,
as
amended
by
the
Resource
Conservation
and
Recovery
Act
of
1976
(
RCRA),
as
amended
by
the
Hazardous
and
Solid
Waste
Amendments
of
1984
(
HSWA),
42
U.
S.
C.
6902,
6912(
a),
6924­
6926,
and
6930.

II.
Overview
and
Background
A.
Background
On
October
12,
2001,
we
proposed
revisions
to
the
RCRA
Hazardous
Waste
permitting
program
to
allow
for
a
"
standardized
permit"
for
RCRA
TSDs
that
are
otherwise
subject
to
permitting
and
that
generate
and
then
store
and/
or
non­
thermally
treat
hazardous
waste
on­
site
in
tanks,
containers,
and
containment
buildings.
In
the
proposal,
we
also
requested
comment
on
expanding
the
scope
of
the
rule,
e.
g.,
to
all
off­
site
facilities,
to
facilities
who
centralize
their
waste
management
operations,
or
to
recyclers.
The
proposal
laid
out
a
streamlined
approach
to
the
permitting
process,
anticipating
savings
to
both
the
regulatory
authority
and
the
permit
applicant,
while
still
providing
protection
to
human
health
and
the
environment.
Today's
final
rule
adopts
that
proposal
with
some
changes
based
on
comments.
1
B.
Overview
This
final
rule
describes
the
standardized
permit,
who
is
eligible
for
the
permit,
how
facilities
apply
for
the
permit,
how
to
make
changes
to
the
permit,
and
what
the
responsibilities
are
for
the
regulatory
authority
in
reviewing
and
issuing
the
permit.
12
1.
Effect
of
Today's
Rule
Today's
action
potentially
affects
about
86670
to
1,230130
private
sector
and
federal
facilities
that
(
a)
generate
and
then
store
and
/
or
non­
thermally
treat
hazardous
wastes
on­
site
in
tanks,
containers,
and/
or
containment
buildings;
and
(
b)
which
receive
hazardous
waste
generated
off­
site
by
a
generator
that
is
under
the
same
ownership
as
the
receiving
facility,
and
then
store
or
non­
thermally
treat
the
hazardous
waste
in
containers,
tanks,
or
containment
buildings.
We
estimate
that
these
three
types
of
eligible
units
represent
50%
prevalence
of
the
eleven
major
types
of
hazardous
waste
management
units.
Table
1
below
identifies
the
economic
sectors
and
associated
counts
of
RCRA
hazardous
waste
management
units
and
facilities
likely
to
be
affected
by
this
action.
It
is
possible
that
other
types
of
entities
not
identified
in
the
Table
could
also
be
impacted;
however
the
rule
only
affects
three
types
of
waste
units.
To
determine
whether
you
may
be
impacted,
you
should
carefully
examine
the
applicability
section
of
the
rule.
13
Table
1.
­­
Identity
of
Economic
Sectors
Which
Own
&
Operate
Facilities
Potentially
Affected
by
this
RuleRule*

SIC
code
Economic
Sector
NAICS
code
Count
of
Facilities
With
Potentially
Affected
Hazardous
Waste
Management
Units
(
Note:
low­
end
represents
"
on­
site"
only,

and
high­
end
represents
on­
site
+
off­
site
units)

Waste
Containers
Waste
Tank
Systems*
Waste
Containment
Buildings
0
Agriculture,
Forestry
&
Fisheries
11
21
to
30
12
to
17
0
1
Mining,
Oil/
Gas
&
Construction
21,
23
26
to
37
16
to
23
0
2
Manufacturing
(
Food,
Textile/
Apparel,
Lumber/

Wood,
Furniture/
Fixtures,
Paper,
Printing/

Publishing,
Chemicals
&
Allied
Products,

Petroleum/
Coal)
31­
33,
511
427
to
606
313
to
445
5
to
7
3
Manufacturing
(
Rubber/
Plastic,
Leather,
Stone/

Clay/
Glass,
Primary
Metals,
Fabricated
Metals,

Industrial
Machinery,
Electronics,
Transportation
Equipment,
Instruments,
&
Misc.
Mfg)
31­
33
285
to
405
136
to
193
17
to
24
4
Transport,
Communication,
Utilities
22,
48,
49,
513,
562
272
to
386
201
to
285
10
to
14
5
Wholesale
&
Retail
Trade
42,
44,
45
175
to
249
132
to
187
3
to
4
6
Finance,
Insurance
&
Real
Estate
52,
53
5
to
7
2
to
3
0
7
Services
(
Hotels,
Personal,
Automotive,
Repair,

Motion
Pictures,
&
Recreation)
71,
72,
512,
514,
811,

812
221
to
314
183
to
260
2
to
3
8
Services
(
Health,
Legal,
Social,
Museums/

Gardens,
Membership
Organizations
&

Engineering
Mgt.)
54,
55,
561,
61,
62,

813,
814
90
to
128
38
to
54
0
9
Public
Administration,
Environment
&
Not
Elsewhere
Classified
92
200
to
284
85
to
121
4
to
6
Non­
duplicative
column
totals**
=
800
to
1,136
623
to
885
22
to
31
Non­
duplicative
total
for
three
waste
unit
types
=
866
to
1,230133
facilities
Explanatory
Notes:

(
a)
SIC
=
"
Standard
Industrial
Classification"
system.

(
b)
NAICS
=
"
North
American
Industry
Classification
System",
adopted
by
the
US
Federal
Government
in
1997,

replacing
the
SIC
code
system
(
for
SIC/
NAICS
conversion
tables
see
http://
www.
census.
gov/
epcd/
www/
naics.
html).

(
c)
*
Only
above­
ground
hazardous
waste
tanks
are
potentially
eligible,
not
in­
ground
or
underground
tanks.

(
d)
**
Some
facilities
report
multiple
SIC
and
NAICS
codes
for
their
operations
to
the
EPA;
consequently
both
the
facility
and
unit
total
counts
in
this
table
exceed
the
non­
duplicative
total
numbers
of
facilities
shown
in
the
bottom
row
above.
14
15
2.
What
is
Being
Finalized
in
Today's
Rule?

We
are
finalizing
revisions
to
the
hazardous
waste
permitting
program
to
allow
for
issuance
of
a
RCRA
standardized
permit
for
RCRA
TSDs
that
are
otherwise
subject
to
RCRA
permitting
and
that
generate
hazardous
waste,
and
then
store
and/
or
non­
thermally
treat
that
waste
on­
site
in
tanks,
containers,
and/
or
containment
buildings.
The
standardized
permit
will
also
be
available
to
facilities
that
receive
hazardous
waste
generated
from
off­
site,
as
long
as
the
off­
site
generator
that
sends
the
waste
is
under
the
same
ownership
as
the
receiving
facility,
and
then
stores
or
non­
thermally
treats
the
hazardous
waste
in
containers,
tanks,
or
containment
buildings.
Throughout
the
remainder
of
this
preamble,
the
term
"
manage"
and
"
management"
will
be
used
to
mean
storage
or
non­
thermal
treatment,
unless
otherwise
noted.
The
specific
provisions
being
finalized
in
today's
rule
are
discussed
in
Sections
III,
IV,
and
V
of
this
preamble.

In
this
final
rule,
some
changes
have
been
made
from
what
was
proposed.
Some
of
those
changes
include:
requiring
the
submission
of
the
closure
plan
with
the
Notice
of
Intent,
rather
than
180
days
prior
to
closure;
adding
a
third
category
for
making
changes
to
permits
(
modifications);
allowing
for
a
180
­
day
extension
to
completing
closure;
and
allowing
a
120­

day30­
day
extension
for
agency
review
of
the
Notice
of
Intent
materials.

We
are
also
requiring
that
off­
site
facilities,
that
are
eligible
for
the
standardized
permit,
must
submit
a
waste
analysis
plan
with
their
Notice
of
Intent.

C.
What
is
a
Standardized
Permit?

A
standardized
permit
is
a
special
kind
of
permit
that
would
be
available
for
certain
facilities
that
manage
hazardous
waste
in
tanks,
containers,
and
containment
buildings.
The
permit
consists
of
two
parts:
a
uniform
portion
included
in
all
cases,
and
a
supplemental
portion
included
at
EPA's
or
the
State
permitting
authority's
discretion.
(
See
Section
I.
C.
1
of
the
proposed
rule
at
66
FR
52195
for
a
more
detailed
discussion
regarding
the
two
parts
of
the
permit.)
The
part
267
requirements
being
finalized
today
provide
the
basis
for
the
uniform
portion
of
the
permit.
The
supplemental
portion
includes
additional
provisions
deemed
necessary
to
be
protective
of
human
health
and
the
environment,
including
any
corrective
action,
and
would
be
based
on
site­
specific
factors
at
the
facility.

D.
Who
is
Eligible
For
a
Standardized
Permit?
16
Throughout
this
preamble,
we
use
the
terms
on­
site
and
off­
site
in
reference
to
facilities
managing
hazardous
waste.
When
we
use
the
term
off­
site,
we
use
it
to
help
describe
where
the
waste
is
being
managed.
For
example,
if
facility
"
A"
generates
a
waste
and
then
sends
the
waste
to
facility
"
B"
for
treatment,
storage
or
disposal,
the
waste
is
being
managed
off­
site.
Wastes
that
are
generated
at
one
facility,
and
then
are
sent
to
another
facility,
may
not
be
managed
under
a
standardized
permit.
To
be
managed
under
a
standardized
permit,
the
wastes
must
be
managed
at
the
same
facility
where
they
were
generated.

Owners
and/
or
operators
of
TSDs
that
are
otherwise
subject
to
permitting
and
that
generate
hazardous
waste
and
then
manage
the
waste
on­
site
in
tanks,
containers,
or
containment
buildings
are
In
the
final
rule,
two
types
of
facilities
will
be
eligible
for
a
standardized
permit.
To
be
eligible,
a
facility
must:

(
1)
generate
hazardous
waste
and
then
store
or
non­
thermally
treat
the
hazardous
waste
on­
site
in
containers,
tanks,
or
containment
buildings,
or
(
2)
receive
hazardous
waste
generated
from
off­
site
by
a
generator
under
the
same
ownership
as
the
receiving
facility,
and
then
store
or
non­
thermally
treat
the
hazardous
waste
in
containers,

tanks,
or
containment
buildings.

In
the
proposed
rule,
we
limited
the
applicability
of
the
standardized
permit
to
those
facilities
that
manage
hazardous
waste
on­
site.
However,
we
also
requested
comment
on
whether
we
should
extend
eligibility
to
facilities
managing
wastes
generated
off­
site
(
commercials,

recyclers,
and
captives).
A
number
of
commenters
argued
that
we
should
extend
eligibility
to
offsite
facilities
suggesting
that
commercial
facilities
are
better
prepared
and
equipped
to
conduct
waste
storage
(
since
they
were
specifically
in
the
hazardous
waste
management
business),
that
the
rule
would
provide
flexibility
for
facilities
in
accepting
a
variety
of
waste
streams,
and
would
benefit
facilities
and
states
by
reducing
costs.

On
the
other
hand,
other
commenters,
particularly
States,
believed
that
the
standardized
permit
should
be
limited
to
facilities
that
generate
and
manage
hazardous
waste
on­
site
and
not
be
extended
to
off­
site
facilities.
Commenters
argued
that
such
off­
site
facilities
are
often
more
17
complex
and
may
in
some
cases
pose
a
greater
potential
for
harm
to
the
environment.
Other
concerns
were
also
raised,
including
that
off­
site
facilities
might
not
have
adequate
knowledge
of
the
wastes
they
receive,
that
off­
site
facilities
may
potentially
accept
a
wide
variety
of
incompatible
wastes,
and
that
inadequate
waste
analysis
could
be
a
problem
for
off­
site
facilities.

As
such,
these
commenters
argued
that
direct
review
of
the
permit
application
(
i.
e.,
the
material
normally
submitted
as
part
of
a
Part
B
application)
by
the
permitting
authority
was
an
essential
step
in
permitting
off­
site
facilities.

After
consideration
of
these
comments,
we
decided
to
limit
eligibility
to
on­
site
facilities.

Before
reaching
our
decision,
we
considered
various
options,
including
extending
eligibility
to
allA
number
of
commenters
noted
that
some
facilities
accept
waste
from
off­
site
locations
of
the
same
company
for
centralized
management
of
their
wastes,
and
argued
that
these
facilities
would
be
appropriate
candidates
for
a
standardized
permit.
For
example,
one
commenter
suggested
these
types
of
facilities
could
be
granted
a
standardized
permit
on
a
case­
by­
case
basis,
depending
on
complexity
of
their
processes
and
waste
streams.

Another
commenter
noted
that
extending
the
standardized
permit
to
centralized
facilities
would
allow
a
company
with
multiple
manufacturing
locations
to
centralize
its
management
of
hazardous
waste
at
a
single
location
without
being
denied
the
tangible
benefits
of
streamlined
permitting
proposed
in
the
Standardized
Permitting
Rule.
Since
the
company
would
only
be
managing
its
own
waste
generated
from
its
own
operations,
the
company
could
reasonably
be
expected
to
know
the
chemical
make­
up
and
compatibility
of
the
different
incoming
waste
streams.
Moreover,
companies
have
procedures
in
place
to
assure
that
offsite
waste
streams
are
properly
stored
and/
or
treated
at
centralized
locations.

Another
commenter
noted
that
managing
wastes
at
these
facilities
(
centralized
facilities)

should
not
be
more
complicated
or
require
greater
attention
than
managing
wastes
generated
on­
site
because
" 
a
company
managing
only
its
own
waste
generated
at
several
locations 
should
know
what
specific
wastes
are
generated
by
the
company
and
be
able
to
manage
them
properly
at
a
centralized
location."
18
Still
another
commenter
noted
problems
with
off­
site
facilities
that
manage
hazardous
waste
in
tanks,
containers,
and
containment
buildings;
extending
eligibility
to
off­
site
recycling
facilities
that
manage
hazardous
waste
in
tanks,
containers,
and
containment
buildings
only;
and
extending
eligibility
toin
general,
but
also
noted
that
it
would
expect
that
fewer
problems
would
result
from
allowing
off­
site
facilities
that
manage
hazardous
waste
in
tanks,
containers,
and
containment
buildings
undergoing
permit
renewals.
As
previously
mentioned,
we
considered
the
comments
on
this
issue,
most
of
which
came
from
either
States
or
industry
groups.
While
industry
believed
the
rule
should
extend
to
off­
site
facilities,
and
further
argued
that
commercial
off­
site
facilities
were
likely
to
manage
wastes
more
safely
than
generators
(
since
this
was
their
business),
States
expressed
great
concerns
about
such
facilities
complying
with
the
permitting
requirements,
especially
in
cases
where
a
facility
manages
complex
waste
streams.
States
expressed
concern
about
both
commercial
disposal/
treatment
and
recycling
operations
occurring
off­
site.
Of
the
off­
site
facilities,
States
felt
that
captive
facilities
might
be
best
suitedwho
manage
only
their
own
wastes
generated
at
different
locations
to
be
eligible
for
the
standardized
permit,

because
of
their
familiarity
with
the
wastes
managed.
However,
States
still
believed
that
the
rule
should
be
limited
as
proposed,
and
that
the
generators
of
the
wastes
themselves
are
best
suitedof
the
company
with
the
composition
and
character
of
its
own
wastes.

Another
commenter
argued
that
multiple
sources
of
waste
generated
by
the
same
company
and
managed
in
a
consolidated
fashion
at
a
treatment/
storage
(
T/
S)
facility
owned
and
operated
by
that
company
(
a
captive
facility
as
opposed
to
a
commercial
one)
should
still
be
eligible
for
the
standardized
permit,
as
they
are
potentially
the
most
knowledgeable
about
their
own
waste
streams.
None
of
the
off­
site
options
we
considered
fully
addressed
the
concerns
raised
by
the
states,
who,
for
the
most
part,
implement
the
permit
program.
Thus,
we
are
limiting.
Captive
facilities
have
greater
control
over
the
waste
generation
process
and
therefore
the
characteristics
of
the
waste
to
be
managed
at
the
T/
S
facility.

In
response
to
comments
on
the
proposal,
the
Agency
has
been
persuaded
by
the
commenters
who
argued
that
facilities
that
receive
hazardous
waste
generated
off­
site
by
a
generator
under
the
same
ownership
as
the
receiving
facility,
and
then
stores
or
non­
thermally
treats
the
hazardous
waste
in
containers,
tanks,
or
containment
buildings
should
be
eligible
for
the
standardized
permit.
Therefore,
the
final
rule
expands
the
eligibility
so
that
a
facility
with
a
19
standardized
permit
can
also
receive
waste
generated
at
another
location
that
is
under
the
same
ownership
as
the
receiving
facility.
For
example,
waste
from
one
company
could
be
sent
to
the
standardized
permit
facility
owned
by
that
company.
This
would
also
apply
to
wholly
owned
subsidiaries,
for
example
where
a
national
corporation
had
wholly
owned
subsidiaries
separately
incorporated
in
different
states.
As
long
as
the
corporate
ownership
was
the
same,
and
the
same
corporate
entity
had
ultimate
oversight
and
responsibility,
off­
site
management
under
the
standardized
permit
would
be
allowed.
EPA
anticipates
that
this
change
will
broaden
the
benefits
of
this
rule
to
operations
under
the
same
entity.
To
use
this
flexibility,
the
Notice
of
Intent
must
include
documentation
that
the
off­
site
facility
is
under
the
same
ownership
as
the
facility
seeking
the
standardized
permit
in
this
final
rule
to
hazardous
wastes
that
are
generated
and
managed
onsite
in
tanks.
In
addition,
to
receive
wastes
from
off­
site,
facilities
must
also
submit
a
waste
analysis
plan
with
the
Notice
of
Intent.
We
discuss
the
need
for
waste
analysis
plans
later
in
the
preamble
in
Section
IV.
C.
4.

With
respect
to
federal
facilities,
this
rule
would
allow
the
transfer
of
waste
between
sites
under
the
jurisdiction,
custody,
or
control
of
the
same
federal
agency.
For
instance,
today's
rule
would,
for
instance,
allow
waste
from
one
Department
of
Defense
installation
to
go
to
another
such
installation
because
the
Department
has
overall
responsibility
for
the
waste.
The
Department
of
Energy's
comments
on
the
proposal
suggested
allowing
for
consolidation
of
waste
from
multiple
facilities
within
the
DOE
complex
at
a
regional
facility
with
a
standardized
permit.
This
expansion
of
the
eligibility
would
allow
for
this
consolidation.

EPA
did
not,
however,
extend
the
applicability
to
wastes
that
were
not
generated
by
the
same
entity.
While
we
are
extending
eligibility
to
a
limited
subset
of
off­
site
facilities,
we
are
not
extending
eligibility
for
the
standardized
permit
rule
to
all
off­
site
facilities.

One
commenter
noted
that
"
As
the
number
of
waste
streams
increases
so
does
the
complexity
of
identification
and
handling.
As
a
commercial
TSD
a
large
portion
of
our
infrastructure
is
devoted
to
waste
identification,
verification
analysis
to
ensure
proper
disposal.

This
follows
detailed
procedures.
The
"
physical"
aspects
such
as
handling,
storage
or
treatment
are
minor
compared
to
the
identification,
tracking
and
documentation
aspects
of
waste
handling.
20
It
is
difficult
to
conceive
how
the
EPA
could
allow
this
kind
of
activity
to
be
conducted
without
prior
review
of
appropriate
procedures."

Another
commenter
noted
that
"
In
general,
facilities
that
treat
or
store
waste
generated
off­
site
should
not
be
allowed
to
get
a
standardized
permit.
Most
of
the
facilities
which
accept
off­
site
wastes
are
commercial
facilities
that
accept
many
of
the
waste
codes
listed
in
40
CFR
261.

This
creates
the
need
for
a
fairly
in­
depth
waste
analysis
plan
which
would
be
hard
to
review
within
the
120­
day
limit."

Because
of
the
potential
variation
in
types
of
wastes
managed
at
off­
site
facilities
in
general,
and
the
length
of
time
necessary
to
review
waste
analysis
plans
associated
with
such
facilities,
we
believe
it
appropriate
to
limit
applicability
of
the
standardized
permit
rule
to
those
facilities
receiving
wastes
from
generators
under
the
same
ownership
as
the
receiving
facility.

Commenters
expressed
concerns
about
the
complexity
of
operations
on
many
"

noncaptive
and
commercial
facilities,
the
large
number
of
wastes
that
may
come
in
to
the
sites
from
many
different
locations
and
the
environmental
problems
they've
encountered.
Commenters
believed
such
facilities
needed
closer
scrutiny
to
ensure
they
are
operating
in
a
safe
manner,
and
would
be
better
served
by
operating
under
an
individual
RCRA
permit.
In
considering
all
the
comments,
and
in
attempting
to
balance
the
streamlined
permitting
that
would
be
gained
from
the
rule
against
the
possible
risk
to
human
health
and
the
environment,
we
have
decided
to
allow
the
following
types
of
facilities
to
be
eligible
for
the
standardized
permit:
(
1)
facilities
that
manage
their
hazardous
waste
on­
site
in
tanks,
containers,
and
containment
buildings
and
(
2)
facilities
that
receive
hazardous
waste
generated
off­
site
by
a
generator
under
the
same
ownership
as
the
receiving
facility,
and
then
store
or
non­
thermally
treat
the
hazardous
waste
in
containers,
tanks,

or
containment
buildings.
The
response
to
comments
document
on
this
final
rule
provides
additional
discussion
on
this
topic.

TIt
should
also
be
noted
that
the
Agency
is
exploring
whether
to
extend
eligibility
for
the
standardized
permit
to
other
off­
site
facilities
that
have
demonstrated
superior
environmental
performance;
the
National
Performance
Track
Program
provides
an
example
of
the
kind
of
2The
National
Environmental
Performance
Track
program
recognizes
and
encourages
top
environmental
performance
among
private
and
public
facilities
in
the
United
States.
Performance
Track
members
go
beyond
compliance
with
regulatory
requirements
to
achieve
environmental
excellence.
Currently
the
program
has
approximately
300
members.

21
criteria/
facilities
that
EPA
is
considering
in
this
context.
2
We
believe
it
may
be
appropriate
to
offer
this
option
to
such
facilities
to
further
encourage
superior
environmental
results.
In
fact,

the
Agency
believes
it
important
to
reward
companies
that
are
top
environmental
performers
and
therefore,
believe
that
such
a
change
may
be
appropriate.
The
Agency
anticipates
issuing
a
proposed
rulemaking
involving
Performance
Track
facilities
in
2004the
near
future.

An
additional
situation
involves
facilities
that
manage
hazardous
wastes
in
units
eligible
for
the
standardized
permit,
and
also
manage
hazardous
wastes
in
other
types
of
waste
management
units.
In
our
proposal,
we
solicited
comment
on
whether
a
facility
that
manages
some
of
its
hazardous
waste
in
on­
site
storage
and/
or
non­
thermal
treatment
units
and
some
of
its
hazardous
waste
in
other
types
of
waste
management
units
should
be
eligible
for
a
standardized
permit
for
their
storage
and/
or
non­
thermal
treatment
activities.
Several
commenters
agreed
that
on­
site
storage
should
be
eligible
for
the
standardized
permit,
even
if
the
facility
has
other
permitted
operations
on­
site.
Other
commenters,
however,
did
not
support
this
measure,
noting
that
having
two
regimes
of
RCRA
permitting
at
the
same
facility
would
complicate
matters.
In
this
final
rule,

we
are
allowing
facilities
to
have
both
a
standardized
permit
for
their
eligible
units,
and
an
individual
permit
for
their
other
regulated
waste
management
activities
because
we
believe
there
is
a
benefit
in
terms
of
permit
streamlining
for
those
eligible
units.
Some
facilities
may
have
a
significant
portion
of
their
operations
devoted
to
standardized
permit­
eligible
storage
and/
or
nonthermal
treatment
activities,
which
may
make
a
dual
permitting
scenario
worthwhile.
Moreover,
if
a
facility
believes
that
having
two
RCRA
permitting
schemes
at
their
plant
would
complicate
matters,
they
need
not
apply
for
a
standardized
permit.

Therefore,
the
final
rule
will
allow
facilities
with
regular
RCRA
permits
to
apply
for
a
standardized
permit
for
their
storage
and
non­
thermal
treatment
operations
occurring
in
eligible
units.
Such
facilities
could
then
have
an
individual
permit
for
some
of
their
operations,
and
a
22
standardized
permit
for
their
eligible
units.
However,
the
Director
has
the
final
decision
on
whether
a
facility
will
be
allowed
to
operate
with
dual
permits,
based
on
facility­
specific
factors.

One
commenter
urged
the
Agency
to
be
clearer
in
the
final
rule
that
the
standardized
permit
rule
will
not
require
generators,
already
exempt
from
permitting
in
certain
circumstances
under
§
262
§
262.34,
to
obtain
permits.
This
rulemaking
does
not
modify
the
provisions
applicable
to
generators
managing
wastes
within
the
time
limits
and
conditions
of
§
262.34.
It
applies
only
to
activities
of
RCRA
TSDs
that
are
otherwise
subject
to
permitting
(
and
who
generate
and
then
store
or
treatmenttreat
waste
on­
site
in
containers,
tanks,
or
containment
buildings,
or
facilities
that
receive
hazardous
waste
generated
off­
site
by
a
generator
under
the
same
ownership
as
the
receiving
facility,
and
then
store
or
non­
thermally
treat
the
hazardous
waste
in
containers,
tanks,
or
containment
buildings).
We
have
revised
the
regulatory
language
and
the
preamble
to
make
this
point
clear.

E.
Other
General
Comments
On
the
Standardized
Permit
Rule
We
believe
the
standardized
permit
should
result
in
time
and
resource
savings
in
the
overall
permitting
process.
While
owners/
operators
of
such
facilities
will
be
required
to
gather
nearly
the
same
information
that
an
individual
permit
applicant
must
gather,
such
information
(
e.
g.,
Part
B
application)
will
only
need
to
be
kept
at
the
facility,
or
other
location
designated
by
the
Director,
as
opposed
to
submitting
it
to
the
permitting
authority.
In
fact,
several
commenters
mentioned
that
the
standardized
permit
would
provide
a
less
cumbersome
approach
for
such
storage
units,
than
would
the
individual
RCRA
permitting
process.
Specifically
noted
was
the
provision
that
fewer
documents
would
need
to
be
submitted
in
the
application
phase,
which
should
save
time
during
the
application
review
phase.
We
believe
that
because
the
standardized
permit
process
would
involve
review
of
fewer
materials,
permits
could
be
issued
in
less
time
than
with
the
typical
Part
B
permitting
process.

Some
commenters
argued
that
the
standardized
permit
process
does
not
facilitate
public
involvement,
because
the
technical
parts
of
the
application
will
not
be
circulated
as
is
the
case
with
the
individual
permitting
process,
or
because
the
public
might
not
feel
comfortable
going
to
the
facility
to
review
information.
We
believe
the
public
will
have
ample
opportunity
to
be
23
involved,
both
with
the
pre­
application
meeting,
and
during
the
public
comment
period
after
the
draft
permit
is
public
noticed.
It
should
also
be
noted
that
the
Director
has
the
discretion
to
establish
an
information
repository
that
contains
the
permit
information
at
a
location
off­
site
from
the
facility,
if
such
a
location
will
better
foster
public
participation.
To
the
extent
that
the
public
has
concerns
with
the
uniform
portion
of
the
permit
being
fully
protective
because
of
unique
facility
circumstances,
the
public
can
request
that
these
concerns
be
addressed
in
the
supplemental
portion
of
the
permit.
Nevertheless,
the
facility
would
still
be
subject
to
similar
management
standards
and
thus,
would
still
be
fully
protective
of
human
health
and
the
environment.

Other
commenters
argued
that
the
standardized
permit
process
could
result
in
unsafe
waste
storage
practices,
because
not
all
the
technical
information
about
the
facility
processes
would
be
reviewed
prior
to
permit
issuance.
We
disagree
with
these
commenters.
We
believe
the
regulations
in
today's
rule
provide
the
mechanisms
necessary
to
ensure
safe
waste
management
even
without
requiring
the
up­
front
submission
of
all
of
the
technical
information
about
the
facility
processes.

The
units
eligible
for
the
standardized
permit
(
tanks,
containers,
and
containment
buildings)
are
relatively
straightforward
technologies,
with
straightforward
permitting
requirements,
and,
as
we
discuss
in
the
proposed
rule
preamble
(
66
FR
52196),
are
relatively
simple
to
design
and
properly
construct.
The
engineering
and
construction
knowledge
and
skills
necessary
to
design
and
construct
these
units
are
relatively
basic.
These
units
are
in
common
usage
in
many
applications
and
are
frequently
bought
"
off­
the­
shelf"
or
built
from
"
off­
the­
shelf"

designs.
Industry
associations
and
standards
organizations
have
developed
standards
for
these
units
that
are
in
widespread
use.
Past
experience
with
these
units
indicates
that
they
are
simpler
to
design,
construct,
and
manage
than
units
such
as
combustion
units
or
land
disposal
units.
Storage
and
non­
thermal
treatment
of
waste
in
these
types
of
units
is
generally
less
complicated
than
thermal
treatment
of
waste
(
e.
g.,
combustion
of
hazardous
waste
in
incinerators,
boilers,
or
industrial
furnaces)
or
disposal
of
waste
(
e.
g.,
landfilling).
It
is
easier
to
control
risks
at
these
simpler
storage
and
treatment
units.
We
believe
that
the
streamlined
standardized
permit,
allows
adequate
interaction
and
oversight
by
the
regulating
agency
and
would
provide
sufficient
technical
controls
to
protect
human
health
and
the
environment.
Furthermore,
the
permitting
requirements
24
in
part
267
largely
reflect
the
existing
part
264
requirements,
which
are
protective
of
human
health
and
the
environment.
For
example,
the
part
267
includes
unit
specific
requirements
for
how
waste
management
units
are
operated
and
maintained
(
e.
g.,
secondary
containment,

response
to
spills,
condition
of
units,
etc.).
Part
267
also
includes
corrective
action
and
financial
responsibility
requirements.
Today's
rule
also
provides
for
public
comment
and
review
on
the
draft
permit
prior
to
final
permit
issuance,
as
well
as
a
mechanism
for
public
involvement
prior
to
the
submission
of
the
Notice
of
Intent.
In
addition,
even
though
this
information
will
not
be
required
to
be
submitted
as
part
of
the
nNotice
of
iIntent,
the
information
must
be
retained
at
the
facility,
and
be
made
available
for
the
Director/
Permitting
authority
to
review,
should
any
questions
remain
about
whether
a
standardized
or
individual
permit
should
be
issued,
or
whether
additional
site­
specific
conditions
are
necessary.
Finally,
the
Director
retains
the
ability
to
impose
any
site­
specific
conditions,
in
the
supplemental
portion
of
the
permit,
necessary
to
protect
human
health
and
the
environment.
Thus,
the
standardized
permit
process,
while
it
will
likely
speed
up
the
process
of
issuing
permits
for
on­
siteeligible
facilities
that
store
or
non­
thermally
treat
waste
in
tanks,
containers,
or
containment
buildings,
will
do
so
in
a
manner
that
would
still
provide
full
protection
of
human
health
and
the
environment.

One
commenter
requested
clarification
that
the
standardized
permit
could
apply
to
mixed
wastes.
The
standardized
permit
rule
could
in
fact
apply
to
the
management
of
mixed
waste,

presuming
the
other
regulatory
conditions
were
met.

Finally,
one
commenter
noted
that
the
standardized
permit
process
would
limit
the
regulatory
authority's
ability
to
determine
compliance
with
the
waste
analysis
and
closure
plans.

We
agree
with
the
commenter,
at
least
with
respect
to
the
closure
plan,
and
in
part
to
the
waste
analysis
plan.
The
rule
has
been
modified
to
require
facilities
to
submit
a
closure
plan
with
the
Notice
of
Intent.
Requiring
the
plan
up
front
would
allow
the
regulatory
authority
to
review
the
plan,
and
would
also
allow
the
public
to
review
the
plan
during
the
public
comment
period
for
the
publicly
noticed
permit.
The
closure
plan
would
become
part
of
the
permit
at
final
permit
issuance.
The
rule
also
has
been
modified
to
require
submission
of
the
waste
analysis
plan
for
facilities
that
are
applying
to
manage
waste
that
were
generated
off­
site.
25
Due
to
the
streamlined
nature
of
the
standardized
permit
process,
we
believe
that
facilities
conducting
routine
storage
and
treatment
on­
site
have
good
knowledge
of
the
characteristics
of
the
waste
they
generate
and
manage
and
should
be
able
to
safely
operate
within
a
self­
certification
of
compliance
process,
while
maintaining
the
extensive
information,
normally
submitted
with
a
Part
B
application,
on
­
site.
Furthermore,
40
CFR
§
267
§
267.13
provides
a
detailed
account
of
the
waste
analysis
plan
requirements,
which
when
combined
with
an
audit
and
compliance
certification
should
be
sufficient
to
ensure
compliance.
The
final
rule,
we
will
not
require
However,
facilities
that
receive
waste
from
off­
site
will
be
required
to
submit
a
waste
analysis
plan
and
maintain
a
copy
of
the
waste
analysis
plans
to
be
submitted,
but
maintained
on­
site.

plan
on­
site.
Although
we
generally
believe
that
common
ownership
between
the
generating
and
receiving
facilities
means
that
the
receiving
facility
could
reasonably
be
expected
to
have
a
greater
familiarity
with
the
characteristics
of
the
wastes
generated
from
off­
site
than
other
off­
site
facilities,
such
facilities
will
still
likely
have
less
knowledge/
familiarity
than
the
waste
generator.

Consequently,
the
Agency
believes
that
the
additional
safeguard
provided
by
submission
of
the
waste
analysis
plan
is
necessary
to
reduce
any
uncertainties
regarding
extension
of
the
standardized
permit
to
such
facilities,
and
to
allow
the
regulatory
authority
an
adequate
opportunity
to
determine
whether
management
procedures
are
adequately
protective,
or
whether
additional,
site­
specific
conditions
are
warranted.

F.
Should
a
Standard
Form
Be
Developed
for
Preparing
the
Required
"
Part
B"
Information
Required
to
Be
Retained
at
the
Facility?

We
requested
comment
in
the
proposal
on
whether
we
should
develop
a
"
fill­
in­

theblank
type
form
that
facilities
could
use
as
a
tool
to
help
prepare
the
information
required
to
be
maintained
at
the
facility.
A
number
of
commenters
supported
the
development
of
a
"
fill
in
the
blank"
type
of
form.
Therefore,
we
are
currently
looking
into
the
feasibility
of
developing
a
form
that
can
be
used
to
assist
permit
applicants
gather
the
required
information
that
must
be
maintained
at
the
facility
to
support
a
standardized
permit.
If
and
when
a
form
is
developed,
it
will
be
available
from
EPA
on
OSW's
hazardous
waste
permitting
web
site
at:

http://
www.
epa.
gov/
epaoswer/
hazwaste/
permit/
index.
htm
26
G.
Should
the
Current
Provisions
for
Final
Issuance
of
an
Individual
Permit
Apply
to
Standardized
Permits?

As
proposed,
the
provisions
for
final
issuance
of
the
standardized
permit
are
set
forth
in
section
124.205,
and
are
the
same
as
the
current
procedures
for
final
issuance
of
an
individual
permit,
codified
in
§
124
§
124.15.
We
did
not
receive
any
significant
comment
on
this
question,

and
believe
that
the
current
provisions
for
final
permit
issuance
are
appropriate
for
issuing
standardized
permits.
Therefore,
we
are
finalizing
§
124
§
124.205,
as
proposed.

III.
Section
by
Section
Analysis
and
Response
to
Comments
for
the
40
CFR
Part
124
Requirements
Related
to
the
Standardized
Permit
Rule
A.
Applying
for
a
Standardized
Permit
This
section
discusses
the
overall
process
of
how
owners
and/
or
operators
apply
for
and
obtain
a
standardized
permit.
For
clarification,
the
application
for
a
standardized
permit
is
known
as
a
"
Notice
of
Intent."

1.
How
Do
I
Apply
for
a
Standardized
Permit?
This
part
of
the
preamble
discusses
the
steps
involved
in
applying
for
a
standardized
permit
which
are
laid
out
in
40
CFR
part
124
subparts
A,
B,
and
G.
The
steps
involve
the
pre­
application
meeting
with
the
public
followed
by
the
submission
of
a
Notice
of
Intent
and
supporting
materials.
The
Notice
of
Intent
and
supporting
materials,
in
most
cases,
should
provide
sufficient
information
for
the
Director
to
make
a
draft
permit
decision.
Any
lack
of
information
could
be
a
basis
for
the
Director
to
determine
that
a
facility
is
ineligible
for
a
standardized
permit.

a.
How
Do
I
Conduct
a
Pre­
application
Meeting?

Today's
rule
subjects
you
to
the
existing
requirements
of
§
124
§
124.31,
obligating
you
to
advertise
and
host
a
meeting
with
the
neighboring
community
before
submitting
your
Notice
of
Intent.

The
meeting
with
your
community
is
designed
to
provide
an
open,
flexible,
and
informal
occasion
for
you
and
the
public
to
share
ideas,
educate
each
other,
and
start
building
the
framework
for
a
27
solid
working
relationship.
The
meeting
discussion
should
address
topics
such
as:
the
type
of
facility,
the
location,
the
general
processes
involved,
the
types
of
wastes
managed,
and
planned
waste
minimization
and
pollution
control
measures.
The
discussions
also
could
include
such
topics
as
planned
procedures
for
preventing
or
responding
to
accidents
or
releases.

When
you
submit
your
Notice
of
Intent,
you
will
need
to
provide
a
summary
of
the
meeting,

including
a
list
of
attendees.
No
major
comments
were
received
on
this
section
and
we
are
finalizing
§
124
§
124.31
as
proposed.

The
Agency
encourages
facilities
to
refer
to
the
RCRA
Public
Participation
Manual
(
EPA530­
R­
96­
007,
September
1996,
available
from
the
RCRA
Call
Center
((
800)
424­
9346),
or
at
http://
www.
epa.
gov/
epaoswer/
hazwaste/
permit/
pubpart/
manual.
htm)
to
promote
successful
and
equitable
public
involvement
in
RCRA
permitting
activities.

b.
How
Do
I
Submit
a
Notice
of
Intent
to
Operate
under
the
Standardized
Permit?

The
requirement
to
submit
a
Notice
of
Intent
to
operate
under
a
standardized
permit
is
laid
out
in
§
124
§
124.202,
and
is
consistent
with
the
process
and
terminology
currently
used
for
NPDES
general
permits.
The
Notice
of
Intent
is
composed
of
the
documents
described
under
§
270
§
270.275
and
include
the
RCRA
Part
A
information,
the
closure
plan,
the
closure
cost
estimate,
documentation
of
the
financial
instrument
to
cover
closure,
information
supporting
that
you
meet
the
location
standards,
the
pre­
application
meeting
summary,
and
materials
required
under
§
270
§
270.280
(
which
include
the
required
certifications
and
audit
report).

In
addition,
facilities
that
wish
to
accept
waste
from
off­
site,
the
Notice
of
Intent
must
include
the
waste
analysis
plan,
and
documentation
that
the
originating
generator
and
the
facility
seeking
the
standardized
permit
are
under
the
same
owner.

While
the
proposal
did
not
require
submission
of
the
closure
plan
at
the
time
the
Notice
of
Intent
was
submitted,
the
final
rule
does
include
this
requirement.
Several
commenters
argued
that
the
closure
plan
should
be
submitted
to
help
assure
the
regulatory
authority
of
the
owner/
operator's
ability
to
complete
closure,
and
also
that
a
closure
plan
would
help
support
closure
cost
estimate
figures.
We
agree
with
these
commenters
and
are
finalizing
the
rule
to
require
submittal
of
the
closure
plan
with
the
Notice
of
Intent.
See
also
the
discussion
in
Section
28
IV.
G,
for
additional
explanation
of
EPA's
decision
to
require
submission
of
the
closure
plan
with
the
Notice
of
Intent.
It
should
be
noted
that
the
closure
plan
should
provide
sufficient
detail
to
assure
the
Director
that
the
facility
can
close
and
show
how
the
facility
will
be
closed.
Failure
to
submit
sufficient
information
in
the
closure
plan
might
be
cause
for
a
facility
to
be
considered
ineligible
for
a
standardized
permit.
In
addition
to
the
closure
plan,
a
closure
cost
estimate
must
be
submitted,
as
must
documentation
showing
the
existence
of
a
financial
assurance
instrument
sufficient
to
cover
closure.

Some
commenters
also
argued
that
the
waste
analysis
plan
should
be
submitted
with
the
Notice
of
Intent,
and
that
submitting
the
plan
would
help
assure
the
regulatory
authority
that
the
owner/
operator
has
adequate
knowledge
of
the
waste
streams
being
managed
(
waste
compatibilities,
characterization),
especially
if
the
rule
were
extended
to
include
off­
site
facilities.

Because
the
final
rule
is
limited
to
on­
site
facilities,
and
because
we
We
generally
believe
that
on­
site
facilities
generally
have
good
knowledge
of
the
wastes
they
are
managing,
and
therefore,
we
are
not
requiring
that
waste
analysis
plans
be
submitted
with
their
Notice
of
Intent.
Due
to
the
streamlined
nature
of
the
standardized
permit
process,
we
believe
that
facilities
conducting
routine
storage
and
treatment
on­
site
have
good
knowledge
of
the
characteristics
of
the
waste
they
generate
and
manage,
and
should
be
able
to
safely
operate
within
a
self­
certification
of
compliance
process,
while
maintaining
the
extensive
information,

normally
submitted
with
a
Part
B
application,
on
­
site.
Furthermore,
40
CFR
§
267
§
267.13
provides
a
detailed
account
of
the
waste
analysis
plan
requirements,
which
when
combined
with
an
audit
and
compliance
certification
should
be
sufficient
to
ensure
compliance.
In
the
final
rule,

we
will
not
require
waste
analysis
plans
for
such
facilities
to
be
submitted,
but
maintained
on­
site.

However,
as
noted
previously,
the
Agency
is
also
allowing
facilities
that
receive
hazardous
waste
generated
off­
site
by
a
generator
under
the
same
ownership
as
the
receiving
facility,
to
also
be
eligible
for
the
standardized
permit.
In
this
situation,
the
facility
will
be
required
to
submit
the
waste
analysis
plan
with
the
Notice
of
Intent.
As
discussed
previously,
we
believe
it
necessary
for
the
waste
analysis
plan
to
be
submitted
to
help
ensure
that
waste
management
procedures
are
adequately
protective.
29
You
must
also
certify,
as
required
by
§
270
§
270.280,
that,
at
the
time
the
Notice
of
Intent
is
submitted,
that
the
facility
is
in
compliance
with
the
requirements
of
part
267,
or
in
the
case
of
a
new
facility,
that
the
facility
will
comply
with
the
part
267
requirements
when
the
facility
is
built
and
operated.
(
The
proposed
rule
did
not
specifically
contain
a
provision
to
allow
the
generator
to
submit
the
Notice
of
Intent
for
new
facilities,
that
are
designed,
but
built
later.
We
believe
that
such
a
provision
is
appropriate
and
are
adding
such
a
provision
to
the
final
rule,
at
§
270
§
270.280(
a)(
1)(
ii).
In
addition
to
certifying
compliance,
a
compliance
audit
must
be
completed.
This
audit
is
a
systematic,
documented,
and
objective
review
of
the
facility's
operations
and
practices
related
to
meeting
environmental
requirements,
in
order
to
assess
the
compliance
status
prior
to
submitting
the
Notice
of
Intent.
The
audit
results
must
be
included
in
an
Audit
Report
with
the
compliance
certification
as
supporting
documentation
to
the
Notice
of
Intent.

Regarding
compliance
audits,
several
commenters
argued
that
we
should
not
require
audits
at
all,
because
doing
so
might
unnecessarily
burden
facilities.
Several
commenters
supported
the
need
for
conducting
the
audit,
noting
that
doing
so
helped
ensure
compliance
with
the
regulations
and
familiarity
with
facility
operations.
Other
commenters
argued
that
facilities
be
allowed
to
perform
self­
audits,
and
not
be
limited
to
conducting
independent,
third­
party
audits.

Another
commenter,
arguing
for
only
third­
party
audits,
believed
that
some
owners
or
operators
of
TSDs
subject
to
this
rule
do
not
have
the
expertise
to
adequately
audit
their
facility's
operations.
While
we
appreciate
the
comments,
we
believe
that
compliance
audits
are
an
integral
part
of
the
standardized
permitting
process,
serving
to
help
ensure
that
a
facility
is
complying
with
the
applicable
requirements.
Compliance
audits
are
intended
to
support
the
self­
certification
process,
and
should
not
unnecessarily
burden
facilities.
While
there
may
be
some
owners/
operators
who
lack
the
expertise
to
conduct
audits,
we
believe
it
unnecessary
to
require
that
only
third
parties
conduct
audits,
because
many
facility
owners
are
familiar
with,
and
have
the
expertise
to
audit
their
operations.
We
did
not
include
specific
regulatory
provisions
detailing
how
facilities
must
conduct
compliance
audits
in
the
final
rule,
but
provided
general
information
and
web
links
to
guidance
materials
for
conducting
audits.
(
see
Section
V.
B.
3).
In
addition,
the
final
rule
does
require
that
the
auditor
sign
and
certify
that
the
audit
report
is
accurate,
prior
to
submitting
to
the
Director
with
the
Notice
of
Intent,
which
provides
an
additional
safeguard.
30
Another
commenter
said
the
proposal
was
not
clear
on
how
existing
facilities
would
comply
with
the
part
267
standards
if
a
permit
is
issued.
In
the
RCRA
permit
program,
terms
of
how
a
facility
will
comply
with
the
permit,
once
a
permit
is
issued,
are
specified
in
the
permit.

This
will
continue
to
be
the
case
for
standardized
permits
­
the
uniform
portion
of
the
permit
will
contain
the
requirements
as
specified
by
part
267,
and
the
supplemental
portion
will
provide
site
specific
standards,
as
needed.

Another
commenter
argued
that
the
Notice
of
Intent
and
supporting
documents
submission
will
potentially
strain
RCRA
enforcement
resources,
as
focus
is
directed
to
confirm
the
adequacy
of
audits
and
certifications
provided
by
the
permit
applicant.
While
it
is
foreseeable
that
some
additional
effort
will
likely
be
placed
on
the
Agency's
enforcement
resources,
we
believe
that
the
units
eligible
for
a
standardized
permit
involve
rather
straightforward
conditions.

2.
How
Do
I
Switch
from
an
Individual
Permit
to
a
Standardized
Permit?

Switching
from
an
individual
permit
to
a
standardized
permit
could
involve
a
few
scenarios.
In
general,
and
the
most
likely
case,
is
where
a
facility's
units
are
all
eligible
for
the
standardized
permit.
In
this
case
you,
could
request
the
Director
of
the
regulatory
agency
to
revoke
your
individual
permit
and
issue
a
standardized
permit.
For
facilities
where
only
some
of
the
units
are
eligible
for
a
standardized
permit,
you
could
request
the
Director
to
modify
the
original
permit
to
no
longer
include
those
units,
and
issue
a
standardized
permit
issued
for
those
units.
The
revocation
and
reissuance
procedures
are
in
§
124
§
124.203,
as
allowed
by
§
270
§
270.41,
and
are
finalized
as
proposed.

One
commenter,
while
supportive
of
allowing
facilities
to
switch
to
a
standardized
permit
for
eligible
activities
while
keeping
other
activities
under
an
individual
permit,
believed
that
revocation
and
reissuance
should
not
be
the
required
procedure
to
accomplish
this.
The
commenter
suggested
that
the
facility
should
only
need
to
submit
a
Notice
of
Intent
for
the
standardized
permit
operations
and,
in
addition,
a
conforming
modification
to
the
existing
permit.

We
agree
with
the
commenter
that
submission
of
the
Notice
of
Intent
along
with
a
modification
can
work
in
many
instances
(
modification,
revocation,
and
reissuance
procedures
appear
in
31
today's
rule
at
§
124
§
124.5).
Another
commenter
argued
that
a
newly
permitted
facility
should
not
be
able
to
have
their
permit
revoked,
and
a
standardized
permit
issued,
until
the
term
of
the
existing
permit
comes
to
an
end.
Otherwise,
allowing
the
revocation
might
be
overly
burdensome
to
states.
While
we
agree
that
there
may
be
some
instances
ofwhere
switching
to
a
standardized
permit
that
may
be
challenging
to
States,
we
also
do
not
want
to
burden
facilities
who
are
eligible
for
a
standardized
permit.
In
any
event,
States,
who
for
the
most
part
implement
the
permitting
program,
will
decide
at
what
point
they
will
allow
facilities
to
switch
from
the
individual
permit
to
the
standardized
permit.

B.
Issuing
a
Standardized
Permit.

1.
How
Would
You
As
the
Regulatory
Agency
Prepare
a
Draft
Standardized
Permit?

Under
the
final
rule,
three
steps
are
involved
in
preparing
a
draft
permit.
Step
one
is
for
you
(
as
the
regulatory
agency)
to
review
the
Notice
of
Intent
and
supporting
information
and
determine
if
the
facility
is
eligible
for
a
standardized
permit.
Second,
you
would
tentatively
decide
whether
to
grant
or
deny
coverage
under
the
standardized
permit.
If
a
decision
is
made
to
grant
coverage,
the
draft
standardized
permit
would
propose
appropriate
terms
and
conditions,
if
any,

to
include
in
the
supplemental
portion
of
the
permit.
Lastly,
you
would
prepare
your
draft
permit
decision
within
120
days
after
receiving
the
Notice
of
Intent
and
supporting
information.
If
necessary,
a
one
time
120­
day30­
day
extension
is
permitted
for
review
of
the
information,
and
preparation
of
the
draft
permit.
Such
extensions
might
be
appropriate
in
cases
involving
complex
facilities
where
more
extensive
review
is
necessary.
site
specific
situations
requiring
more
review.

We
received
comments
regarding
time
periods
for
an
extension,
from
no
extension
to
180
days.

We
have
decided
to
limit
the
extension
to
30
days
since
we
believe
that
due
to
the
nature
of
the
types
of
units
that
are
eligible
for
the
standardized
permit
 
containers,
tanks,
and
containment
buildings,
that
a
one­
time
30
day
extension
should
be
all
that
is
necessary.

a.
Drafting
Terms
and
Conditions
for
the
Supplemental
Portion.

As
noted
previously,
the
supplemental
portion
of
the
standardized
permit
would
include
any
additional
provisions
that
are
deemed
necessary
to
protect
human
health
and
the
environment
and
would
be
issued
based
on
the
regulatory
agency's
specific
determination
of
the
conditions
at
32
the
particular
facility.
If
you,
as
the
Director
of
the
regulatory
agency,
decide
to
grant
coverage
under
the
standardized
permit,
you
must
determine
whether
supplemental
conditions
are
appropriate
or
necessary
and
if
so,
tentatively
identify
appropriate
facility­
specific
conditions
to
impose
in
the
supplemental
portion
of
the
standardized
permit,
and
include
those
conditions
as
part
of
the
draft
permit.
These
proposed
facility­
specific
conditions
would
go
beyond
the
standard
conditions
in
the
uniform
portion
of
the
standardized
permit.
(
The
uniform
portion
of
the
permit
includes
standards
based
on
the
applicable
part
267
requirements.)
The
supplemental
terms
and
conditions
would
be
those
you
deem
necessary
for
corrective
action
purposes,
or
to
ensure
protection
of
human
health
and
the
environment.
We
expect
that
the
need
to
have
supplemental
conditions,
beyond
corrective
action
requirements,
will
not
be
a
common
occurrence.
The
authority
to
impose
corrective
action
conditions
is
found
in
RCRA
§
3004
§
3004(
u)
and
(
v),
as
well
as
EPA's
implementing
regulations
at
40
CFR
267.101,
and
authority
to
impose
conditions
for
protection
of
human
health
and
the
environment
is
found
at
RCRA
§
3005
§
3005(
c)(
3),
as
well
as
EPA's
implementing
regulations
at
40
CFR
270.32(
b)(
2).

One
commenter
noted
that
it
was
unclear
how
the
regulatory
authority
would
obtain
sitespecific
information
in
developing
permit
conditions.
It
should
be
noted
that
§
270
§
270.10(
k)

allows
the
Director
to
require
the
submission
of
such
information
as
necessary
to
establish
permit
conditions.
In
addition,
information
from
the
public
meeting
and
inspections
could
be
the
basis
to
help
develop
permit
conditions,
as
appropriate.

Another
commenter
agreed
withsupported
the
idea
suggested
in
the
proposalpreamble
that
a
facility
owner
or
operator
should
be
allowed
to
"
suggest
supplemental
conditions
that
he/
she
would
like
the
responsible
regulatory
agency
to
attach
to
the
standardized
permit,"
and
suggested
regulatory
language
to
specifically
allow
that
provision.
While
we
certainly
support
allowing
facilities
to
submit
suggested
conditions,
we
do
not
believe
it
necessary
to
specifically
include
that
in
the
regulations,
as
it
could
confuse
comesome
permit
applicants
about
what
is
actually
required,

and
could
potentially
increase
the
amount
of
information
the
regulatory
authority
would
need
to
review.
Thus,
iIf
a
particular
owner/
operator
wants
to
suggest
that
supplemental
conditions
be
included
in
their
standardized
permit,
they
are
free
to
do
so
in
the
Notice
of
Intent.
33
b.
Denying
Coverage
Under
the
Standardized
Permit.

The
provisions
of
§
124
§
124.206
for
denying
coverage
under
a
standardized
permit
are
finalized
as
proposed.
Specifically,
under
the
final
rule,
the
Director
could
tentatively
deny
a
facility
coverage
under
the
standardized
permit.
Reasons
for
denial
could
include
failure
of
the
facility
owner
or
operator
to
submit
all
the
information
required
under
§
270
§
270.275,
or
that
the
facility
does
not
meet
the
eligibility
requirements
for
a
standardized
permit
(
that
is,
the
facility's
activities
are
outside
the
scope
of
the
permit).
The
Director
could
also
deny
coverage
based
on
a
facility's
compliance
history
(
see
§
124.204(
b)).

§
124.204(
b)).

Instances
of
poor
compliance
history
exists
where
previous
violations
by
a
facility
establish
a
pattern
of
disregard
of
environmental
requirements
under
RCRA
or
other
environmental
statutes.
Some
of
the
factors
used
to
evaluate
a
facility's
compliance
history
may
include:

­
number
of
previous
violations
­
seriousness
of
previous
violations
­
the
facility's
response
with
regard
to
correction
of
the
problem
(
e.
g.,
how
quickly
the
facility
achieved
compliance)

Consideration
of
compliance
history
reflects
the
self­
implementing
nature
of
the
requirements
that
are
being
imposed
under
the
uniform
portion
of
the
standardized
permit.
A
facility
with
a
demonstrated
history
of
noncompliance
may
not
be
a
viable
candidate
for
a
standardized
permit.

Beyond
these
points,
we
believe
it
is
difficult
to
develop
specific
criteria
defining
"
poor"

compliance
history.
We
believe
that
the
permitting
authority
is
in
the
best
position
to
determine
whether
or
not
a
facility
has
a
compliance
history
that
is
so
poor
as
to
determine
that
they
should
be
ineligible
for
a
standardized
permit.

A
number
of
commenters
believe
that
the
regulations
should
be
clearer
on
the
criteria
for
denying
coverage
under
the
standardized
permit,
and
offered
suggested
situations
that
could
weigh
heavily
in
deciding
whether
or
not
to
deny
a
facility
from
receiving
a
standardized
permit.
34
Among
the
reasons
suggested
for
denial
included
a
facility's
demonstrated
history
of
noncompliance
with
regulations
or
permit
conditions,
demonstrated
history
of
submitting
incomplete
or
deficient
permit
applications,
and
that
the
facility
does
not
meet
the
criteria
of
eligibility
in
§
124
§
124.201.

The
suggested
reasons
are
consistent
with
our
intent
to
limit
the
eligibility
for
the
standardized
permit
to
those
facilities
that
can
demonstrate,
or
have
demonstrated,
an
ability
to
adhere
to
the
regulations,
as
we
discussed
in
the
preamble
to
the
proposed
rule
(
see
66
FR
52203,

Section
IV.
B.
2).
Section
124.204(
b)
provides
specific
eligibility
criteria.
Under
124.204(
b)(
2)(
iv),
you
may
consider
the
facility's
compliance
history,
in
cases
where
the
facility
is
operating
under
RCRA
interim
status,
or
has
an
existing
permit
and
is
choosing
to
convert
to
a
standardized
permit.
Poor
compliance
history
could
indicate
a
facility
that
might
more
appropriately
be
served
by
an
individual
permit,
or,
of
course,
permit
denial
if
warranted.

Examples
of
situations
in
which
the
permitting
authority
might
decide
to
deny
coverage
under
a
standardized
permit
include,
but
are
not
limited
to,
cases
where:

1.
a
permit
applicant
provides
an
incomplete
Notice
of
Intent
2.
a
facility
has
a
poor
compliance
history,
in
the
judgement
of
the
Director.

c.
Preparing
the
Draft
Permit
Decision.

Under
§
124
§
124.204(
c),
the
Director
needs
to
make
a
draft
permit
decision
within
120
days
of
receiving
the
Notice
of
Intent
and
supporting
information.
In
addition,
we
are
allowing
a
one
time
120­
day30­
day
extension.
The
original
proposal
called
for
a
draft
permit
decision
within
120
days,
and
requested
comment
on
whether
additional
time
should
be
allowed.
Several
commenters
agreed
with
the
proposal,
that
120
days
is
sufficient
time
to
review
the
information
submitted
with
the
Notice
of
Intent,
and
that
120
days
should
be
an
adequate
time
for
an
extension.
However,
other
commenters
have
argued
that
the
initial
120­
day
period
would
not
be
adequate
time
to
review
all
the
information
submitted
and
conduct
the
required
public
comment
period.
Suggested
extensions
ranged
from
those
who
suggested
no
extension,
all
the
way
up
to
180
days
suggested
by
one
commenter.
We
understand
that
some
states
have
additional
requirements
that
permit
applicants
must
meet,
that
may
necessitate
an
extension.
However,
we
35
believe
that
most
submissions
should
be
reviewable
in
the
120­
day
time
frame.
Furthermore,

under
the
standardized
permit
rule,
the
public
comment
period
begins
once
the
draft
permit
is
public
noticed,
and
is
not
part
of
the
120­
day
review
period.

Nevertheless,
there
may
be
situations
where
additional
time
is
needed,
for
example,
to
work
out
a
particular
approach
to
an
issue
requiring
a
supplemental
condition.
For
these
facilities,
and
in
response
to
comments,
the
Agency
is
providing
a
one­
time
extension
of
12030
days.
We
believe
that
the
120­
day
initial
time
period,
with
a
one
time
120­
day30­
day
extension
will
provide
sufficient
time
to
issue
a
draft
permit
(
or
permit
denial).

2.
How
Does
the
Regulatory
Agency
Prepare
a
Final
Standardized
Permit?

After
the
close
of
the
public
comment
period,
the
Director
would
make
a
final
determination
on
the
draft
permit
decision
(
i.
e.,
whether
to
grant
or
deny
coverage
for
a
facility
to
operate
under
the
standardized
permit).
The
Director
would
use
the
same
procedures
to
finalize
a
draft
standardized
permit
as
he
or
she
would
use
to
finalize
a
draft
individual
permit,
found
in
§
124
§
124.15.
Commenters
supported
this
provision
of
the
rule;
therefore,
§
124
§
124.205
for
preparing
a
final
permit
decision
is
finalized,
as
proposed.

C.
Public
Involvement
in
the
Standardized
Permit
Process
Public
involvement
begins
early
in
the
standardized
permitting
process,
starting
with
the
public
meeting
that
must
occur
prior
to
submission
of
the
Notice
of
Intent.
This
meeting
is
described
in
more
detail
in
preamble
section
III.
A.
1.
a.

1.
Requirements
for
Public
Notices
The
provisions
of
§
124
§
124.207
require
the
Director
to
issue
a
public
notice
announcing
the
draft
permit
decision.
The
procedures
and
time
periods
for
public
comment
are
the
same
as
for
commenting
on
draft
individual
permits.
Because
we
received
no
significant
comment,
we
are
finalizing
§
124
§
124.207
as
proposed.

2.
Opportunities
for
Public
Comments
and
Hearings
36
The
provisions
for
the
comment
period
and
hearings
are
found
in
§
124
§
124.208.

Because
we
received
no
significant
comment,
we
are
finalizing
§
124
§
124.208
as
proposed.

3.
Responding
to
Comments
The
requirements
for
responding
to
comments
are
found
in
§
124
§
124.209.
Because
we
received
no
significant
comment,
we
are
finalizing
§
124
§
124.209
as
proposed.

4.
Appealing
a
Final
Permit
Decision
Under
today's
final
rule,
according
to
§
124
§
124.210,
you
may
appeal
the
final
permit
decision
to
the
Environmental
Appeals
Board
within
30
days.
You
may
appeal
the
permit,

including
any
terms
and
conditions
in
the
supplemental
portion,
but
only
after
the
final
determination
is
made.
At
that
time,
you
may
also
appeal
the
eligibility
of
the
facility
for
the
standardized
permit.
(
For
example,
you
may
challenge
whether
a
unit
is
a
tank.)
You
may
not
appeal
the
terms
and
conditions
of
the
uniform
portion
of
the
standardized
permit.

One
commenter
noted
that
appealing
the
supplemental
portion
of
the
permit
might
call
into
question
whether
the
facility
can
still
operate
safely
under
the
unappealed
portion
of
the
permit.
Just
as
occurs
in
the
current
regulatory
process,
if
an
appealed
section
of
the
permit
is
required
for
safe
management
of
hazardous
waste
in
that
unit,
then
waste
can
not
be
managed
in
the
unit
until
the
appeal
has
been
adjudicated.
See
40
C.
F.
R.
§
124
§
124.16(
a).
For
a
standardized
permit,
if
the
supplemental
portion
of
the
permit
is
necessary
for
safe
waste
management,
and
that
part
of
the
permit
is
appealed,
then
waste
may
not
be
managed
in
the
unit
until
the
appeal
is
resolved.
However,
if
the
appealed
supplemental
portion
of
the
permit
deals
with
SWMU
corrective
action
issues,
then
safe
waste
management
in
the
eligible
units
can
likely
occur.
More
directly
stated,
if
the
appealed
parts
of
the
permit
are
unrelated
to
the
units
eligible
for
the
standardized
permit,
then
safe
waste
management
in
those
eligible
units
can
likely
occur.

D.
Maintaining
a
Standardized
Permit
This
portion
of
the
preamble
discusses
what
is
being
finalized
today
regarding
how
your
standardized
permit
is
modified
over
time
to
reflect
changes
in
the
facility's
design
or
operations.
37
While
the
rule
provides
a
mechanism
for
making
changes
to
standardized
permits,
we
envision
that
few
changes
to
the
actual
permit
would
likely
be
necessary.
This
is
because
standardized
permits
contain
standard
conditions
based
on
the
requirements
of
Part
267,
and
that
many
changes
at
the
facility
would
only
affect
the
information
kept
on­
site
and
not
the
actual
permit.
The
only
thing
that
would
have
to
be
modified,
typically,
would
be
supplemental
conditions
that
are
unique
to
the
facility.
However,
when
changes
to
the
standardized
permit
are
necessary,
they
will
fall
into
the
categories
described
below.

1.
What
Types
of
Changes
Could
Owners
or
Operators
Make?

The
proposed
rule
set
forth
two
categories
of
modifications,
routine
and
significant,
for
making
changes
to
standardized
permits.
Routine
changes
included
those
changes
that,
under
an
individual
permit
situation,
would
be
classified
as
either
a
class
1
or
class
2
modification
under
§
270
§
270.42
appendix
I,
while
significant
changes
included
those
changes
that
would
have
been
class
3
modifications.
The
final
rule
modifies
the
routine
changes
category
originally
proposed,

and
adds
a
third
category,
routine
changes
requiring
prior
approval.
The
actual
procedures
for
performing
routine
and
significant
changes
are
finalized,
as
proposed;
the
only
change
made
is
to
allow
routine
changes
requiring
prior
agency
approval,
as
described
below.

Several
commenters
argued
that
some
class
2
modifications
are
more
like
class
3
modifications,
and
should
not
be
considered
as
routine
changes
under
a
standardized
permit,
but
as
significant
changes.
Furthermore,
because
some
class
1
modifications
require
prior
approval
under
an
individual
permit,
those
changes
should
be
treated
similarly
under
a
standardized
permit.

For
example,
several
commenters
noted
that
changes
in
ownership
should
not
simply
be
a
routine
change
under
the
standardized
permit
rule,
but
should
require
prior
approval
from
the
regulatory
agency,
because
of
financial
assurance
and
compliance
history
concerns
about
a
new
owner.

Under
the
original
proposed
rule,
"
routine
changes"
encompassed
both
class
1
and
class
2
modifications,
leaving
class
3
modifications
to
be
addressed
as
"
significant
changes."

We
agree
with
commenters
to
the
extent
that
some
changes
to
standardized
permits
should
require
prior
approval,
especially
changes
that
would
require
prior
approval
under
individual
permitting.
38
Therefore,
the
final
rule
adds
a
third
category
of
changes
to
permits,
"
routine
changes
with
prior
approval."
(
See
the
next
section
for
a
description
of
the
types
of
modifications
that
would
fall
into
the
various
categories.)
The
addition
of
another
category
between
"
routine"
and
"
significant"
should
help
address
the
concern
that
some
class
2
modifications
are
more
like
class
3
modifications
and
should
be
treated
as
significant
changes,
because
now
all
class
2
modifications
will
require
prior
approval
under
the
standardized
permit.
Rather
than
class
2
modifications
being
a
"
routine
change"
as
described
in
the
proposed
rule,
class
2
modifications
will
now
require
prior
approval,
as
will
class
1
modifications
normally
requiring
prior
approval.

While
we
are
adding
a
third
category,
the
overall
permit
change
process
is
more
streamlined
than
the
existing
modification
process.
The
new
category
­­
"
routine
with
prior
approval"
­­
would
not
involve
a
public
comment
or
hearing
process,
as
would
be
the
case
with
regular
class
2
modifications,
but
would
require
a
notification
to,
and
acknowledgment
and
approval
from
the
regulatory
authority,
and
also,
within
90
calendar
days
of
the
approval,

notification
to
the
facility's
mailing
list.
The
Director
would
need
to
respond
within
90
days
of
receiving
the
modification
request,
either
approving
or
denying
the
request.

2.
What
are
the
Definitions
of
Routine
Changes,
Routine
Changes
with
Prior
Agency
Approval,

and
Significant
Changes,
and
What
Are
the
Requirements
for
Making
Those
Changes?

a.
Routine
Changes
Routine
changes
are
any
changes
that
qualify
as
a
class
1
modification
under
40
CFR
270.42
Appendix
I
that
do
not
require
prior
approval
by
the
regulatory
authority.
The
requirements
for
making
routine
changes
are
found
at
§
124
§
124.212.
The
procedures
for
making
routine
changes
are
described
in
the
preamble
of
the
proposed
rule
at
66
FR
52206
(
Section
VI.
C).
Basically,
these
procedures
allow
routine
changes
to
be
made
without
notifying
the
regulatory
authority,
as
long
as
those
changes
do
not
amend
any
of
the
information
that
was
originally
submitted
under
§
270
§
270.275
during
the
standardized
permit
application
process.
39
If
the
change
amends
the
information
provided
under
§
270
§
270.275,
then
the
revised
information
must
be
provided
to
the
Director,
the
facility
mailing
list,
and
to
state
and
local
governments,
as
described
in
§
124
§
124.212(
b)(
1)
and
(
2).

b.
Routine
Changes
With
Prior
Agency
Approval
Routine
changes
with
prior
agency
approval
are
changes
that,
according
to
40
CFR
270.42
Appendix
I,
either
qualify
as
class
1
modifications
requiring
prior
agency
approval,
or
as
class
2
modifications.
The
requirements
for
making
routine
changes
with
prior
agency
approval
are
found
at
§
124
§
124.213.
The
procedures
for
making
changes
with
prior
approval
include
the
same
steps
that
must
be
followed
for
making
changes
that
amend
the
information
submitted
under
§
270
§
270.275
(
see
§
124
§
124.212(
b)(
1)
and
(
2)),
and
also
require
approval
from
the
Director.

c.
Significant
Changes
Significant
changes
are
any
changes
that
qualify
as:
(
1)
class
3
permit
modifications
under
40
CFR
270.42
Appendix
I,
(
2)
any
changes
not
specifically
identified
in
Appendix
I,
or
(
3)
any
changes
that
amend
the
terms
or
conditions
in
the
supplemental
portion
of
the
standardized
permit.
The
requirements
for
making
significant
changes
are
found
at
§
124
§
124.214.
The
procedures
for
making
significant
changes
to
the
standardized
permit
are
very
similar
to
the
initial
standardized
permitting
process,
and
is
described
in
the
preamble
of
the
proposed
rule
at
66
FR
52206
(
Section
VI.
D),
and
are
finalized,
as
proposed.

3.
How
Do
I
Renew
a
Standardized
Permit?

The
process
to
renew
a
standardized
permit
is
the
same
as
for
renewing
an
individual
permit.
See
§
§
270
§
§
270.11(
h)
and
270.30(
b).
To
renew
a
standardized
permit,
you
would
follow
the
same
procedures
as
you
would
to
initially
obtain
coverage
under
the
standardized
permit
(
those
in
40
CFR
124
subpart
G).
We
did
not
receive
any
significant
comment
regarding
the
process
of
renewing
a
standardized
permit,
and
therefore,
are
finalizing
this
section,
as
proposed.

IV.
Section
by
Section
Analysis
and
Response
to
Comments
for
the
Part
267
Standards
for
Owners
and
Operators
of
Hazardous
Waste
Facilities
Operating
Under
a
Standardized
Permit
40
A.
Overview
Most
of
the
proposed
part
267
requirements
have
been
finalized,
as
proposed,
with
few
exceptions,
which
are
discussed
later
in
this
section.
The
requirements
in
part
267
form
the
basis
for
the
uniform
portion
of
the
standardized
permit,
which
is
a
required
part
of
all
standardized
permits.

Some
commenters
argued
that
the
standardized
permit
rule
only
adds
another
set
of
regulations,
and
thus,
adds
to
the
difficulty
of
keeping
track
of
the
various
permits.
We
acknowledge
this
rule
does
add
another
set
of
regulations
to
the
CFR.
However,
these
regulations
replace
the
existing
technical
regulations
(
part
264)
that
already
apply
to
tanks,

containers,
and
containment
buildings,
which
these
facilities
are
already
subject
to.
Thus,
we
would
disagree
with
the
commenter
that
all
we
are
doing
is
subjecting
these
units
to
additional
regulation.
Moreover,
as
stated
previously,
we
believe
that
this
rule
will
help
streamline
the
permitting
process,
saving
time
and
resources
for
both
the
facility
and
the
regulatory
agency,

while
maintaining
protection
of
human
health
and
the
environment.

B.
Subpart
A
­
General
1.
Purpose,
Scope,
and
Applicability
The
final
rule
sets
forth
the
minimum
national
standards
for
facilities
managing
wastes
under
a
standardized
permit.
The
final
part
267
standards
apply
to
owners
and
operators
who
store
or
non­
thermally
treat
their
wastes
on­
site
in
tanks,
containers,
and
containment
buildings,

and
to
facilities
that
manage
wastes
generated
off­
site,
by
a
generator
under
the
same
ownership
as
the
receiving
facility.
Based
on
comments,
there
appeared
to
be
some
confusion
on
whether
facilities
with
thermal
treatment
units
could
apply
for
a
standardized
permit
for
their
eligible
units
in
which
non­
thermal
treatment
or
storage
is
being
conducted.
A
facility
may
apply
for
a
standardized
permit
for
its
eligible
units,
regardless
of
what
other
hazardous
waste
management
is
occurring
at
the
facility.
For
example,
a
hazardous
waste
incineration
facility
that
conducts
tank
storage
for
wastes
generated
on
site
may
apply
for
a
standardized
permit
for
the
tank
storage.

Except
for
a
clarifying
correction
to
the
part
270
reference
(
subpart
J
rather
than
subpart
I),
the
language
of
§
267
§
267.1
is
finalized,
as
proposed.
41
2.
Relationship
to
Interim
Status
Standards
The
final
§
267
§
267.2
provisions
are
similar
to
the
§
264
§
264.3
provisions.
If
you
are
currently
complying
with
the
requirements
for
interim
status,
you
will
need
to
continue
to
comply
with
the
interim
status
standards
specified
in
part
265
until
final
disposition
of
your
standardized
permit
application.
We
received
no
significant
comments
on
this
section.
Thus,
the
§
267
§
267.2
requirements
are
finalized,
as
proposed
3.
Imminent
Hazard
Action
The
final
§
267
§
267.3
provisions
repeats
the
current
§
264
§
264.4
provisions
concerning
imminent
and
substantial
hazards.
We
received
no
significant
comments
on
this
section,
and
therefore,
are
finalizing
these
provisions,
as
proposed.

C.
Subpart
B
­
General
Facility
Standards
These
standards
are
similar
to
the
general
facility
standards
currently
found
in
40
CFR
part
264
subpart
B.
These
standards
describe
how
to
obtain
an
EPA
identification
number,

requirements
for
waste
analysis,
security
requirements,
inspection
schedules,
employee
training,

managing
ignitable,
reactive
or
incompatible
wastes,
and
location
standards.

1.
Applicability
The
applicability
language
in
§
267
§
267.10
is
finalized,
as
proposed,
except
for
the
change
in
the
reference
to
Subpart
I
to
Subpart
J,
of
Part
267.
The
reason
for
this
change
is
editorial.
No
significant
comments
were
received
on
this
section.
The
purpose
of
part
267
is
to
establish
minimum
national
standards
for
facilities
managing
waste
under
a
standardized
permit,
and
as
such
would
apply
to
owners
and
operators
of
facilities
who
non­
thermally
treat
and/
or
store
hazardous
waste
on­
site
in
tanks,
containers,
and/
or
containment
buildings,
as
well
as
facilities
that
receive
hazardous
waste
generated
off­
site
by
a
generator
under
the
same
ownership
as
the
receiving
facility
and
who
store
or
non­
thermally
treat
the
hazardous
waste
in
containers,
tanks,
or
containment
buildings.

2.
How
Do
I
cComply
with
this
Subpart?
42
Section
267.11
lists
the
steps
you
need
to
take
if
the
subpart
applies
to
you.
Specifically,

you
would
obtain
an
EPA
identification
number,
and
follow
prescribed
requirements
for
waste
analysis,
security,
inspections,
training,
special
waste
handling
and
location
standards.
We
are
finalizing
§
267
§
267.11,
as
proposed,
because
no
substantive
comments
were
received
on
this
section.

3.
How
Do
I
Obtain
an
EPA
Identification
Number?

Section
267.12
generally
repeats
the
requirement
found
currently
found
in
§
264
§
264.11
with
the
addition
of
whom
to
contact
for
information.
No
significant
comments
were
received
on
this
section,
and
thus,
we
are
finalizing
this
provision,
as
proposed.

4.
What
are
the
Waste
Analysis
Requirements?

The
provisions
of
§
267
§
267.13
are
finalized
as
proposednd
include
a
change
related
to
eligible
off­
site
facilities.
These
provisions
generally
require
owners
and
operators
to
prepare
a
waste
analysis
plan
and
keep
it
on­
site
at
their
facility.
Eligible
facilities
that
receive
wastes
generated
off­
site
must
submit
a
waste
analysis
plan
with
their
Notice
of
Intent,
as
well
as
retain
the
plan
on­
site.

Several
commenters
expressed
the
need
for
submission
and
approval
of
waste
analysis
plans,
particularly
if
the
rule
was
extended
to
include
off­
site
facilities.
However,
mostBecause
we
are
extending
the
rule
to
certain
off­
site
facilities,
as
described
previously,
we
are
requiring
those
facilities
to
submit
a
waste
analysis
plan
with
the
Notice
of
Intent.
Most
commenters
addressing
waste
analysis
plans
supported
the
idea
that
on­
site
facilities
would
not
need
to
submit
waste
analysis
plans.
Because
the
final
rule
limits
eligibility
to
on­
site
facilitiesTherefore,
we
are
not
requiring
submission
ofon­
site
facilities
to
submit
waste
analysis
plans
with
the
Notice
of
Intent.
(
See
the
discussions
onf
on­
site
versus
off­
site
in
section
II.
D,
and
on
waste
analysis
plans
in
section
III.
A.
1.
b
of
this
preamble.)

A
number
of
commenters
discussed
the
importance
of
waste
analysis
plans.
DOE
noted
that
a
key
aspect
of
the
acceptability
of
this
approach
[
extending
the
rule
to
eligible
offsites]
43
would
be
the
proper
design
and
implementation
of
waste
analysis
requirements
to
ensure
the
compatibility
of
wastes
from
multiple
off­
site
sources
that
are
stored
and
treated
together.
For
example,
at
least
one
DOE
site
that
receives
waste
from
off­
site
believes
it
has
as
much
knowledge
and
confidence
in
the
compatibility
of
the
off­
site
wastes
as
it
has
for
waste
generated
on­
site,
because
of
its
approach
to
waste
analysis.

DOE
also
noted
that
"
to
verify
that
acceptable
waste
analysis
requirements
are
in
place
at
a
facility
managing
waste
from
off­
site,
they
suggest
that
EPA
require
the
facility
to
submit
a
waste
analysis
plan
with
the
Notice
of
Intent
to
operate
under
a
standardized
permit.

One
commenter
noted
that
where
a
facility
has
numerous
processes
contributing
hazardous
waste
to
a
storage
or
treatment
unit,
the
waste
analysis
plan
would
be
significantly
more
complex.
In
this
case,
it
may
be
prudent
to
submit
the
waste
analysis
plan
with
the
initial
notification
to
ensure
that
waste
management
procedures
are
adequately
protective.

Based
on
these
comments
and
the
need
they
expressed
to
have
adequate
knowledge
of
wastes
being
received
from
off­
site,
we
are
requiring
that
waste
analysis
plans
be
submitted
to
the
regulatory
agency
with
the
Notice
of
Intent.
Multiple
facilities
under
the
same
owner
may
be
in
different
states,
and
may
have
variations
in
their
waste
streams.
States
should
have
waste
analysis
information
concerning
wastes
generated
in
facilities
located
in
other
states
in
deciding
whether
the
facility
should
receive
a
standardized
permit,
and
in
ensuring
that
waste
analysis
at
the
receiving
facility
will
be
sufficient
to
protect
human
health
and
the
environment.

5.
What
are
the
Security
Requirements?

The
§
267
§
267.14
security
provisions
are
similar
to
the
§
264
§
264.14
provisions.
The
proposal
in
§
267
§
267.14(
a)
and
(
b)
provided
for
an
exemption
from
the
security
provisions
by
requiring
a
certification
that
both
of
the
conditions
in
§
267
§
267.14(
a)
are
met.
While
several
commenters
supported
the
exemption
in
the
proposal,
most
of
the
commenters
believed
that
the
proposed
security
provisions
are
reasonable,
and
that
there
is
no
reason
for
an
exemption
from
those
provisions.
If,
for
example,
a
facility
wants
consideration
for
an
exemption
due
to
site­
specific
44
conditions,
we
believe
such
a
facility
might
likely
be
a
better
candidate
for
an
individual
permit,

than
for
a
standardized
permit.
Commenters
also
noted
that
the
conditions
for
the
exemption
are
rarely
met.

Based
on
the
comments
submitted
and
upon
reflection
of
the
Agency's
overall
goal
in
issuing
the
standardized
permit
rule,
we
believe
that
having
an
exemption
provision
would
add
to
the
complexity
of
what
is
intended
to
be
a
streamlined
permit
process.
If
allowed,
the
exemption
would
require
review
and
approval
stages,
adding
to
the
time
necessary
for
issuance
of
a
draft
permit.
Therefore,
the
final
rule
does
not
include
the
exemption
proposed
in
§
267
§
267.14(
a),
and
the
remaining
language
in
§
267
§
267.14
has
been
edited
accordingly.

6.
What
are
the
Inspection
Schedule
Requirements?

The
§
267
§
267.15
inspection
schedule
requirements
are
finalized,
as
proposed.
No
significant
comments
were
received
on
this
section.

7.
What
are
the
Training
Requirements?

The
§
267
§
267.16
training
requirements
are
essentially
the
same
as
the
training
standards
in
§
264
§
264.16,
and
are
finalized,
as
proposed.
No
significant
comments
were
received
on
this
section.

Owners/
operators
will
be
required
to
keep
a
description
of
the
training
program
and
individual
personnel
training
logs
with
other
required
records
at
their
facility.

8.
What
are
the
Requirements
for
Managing
Ignitable,
Reactive,
or
Incompatible
Waste?

The
general
requirements
of
§
267
§
267.17
for
managing
ignitable,
reactive,
or
incompatible
waste
are
very
similar
to
the
requirements
found
in
§
264
§
264.17,
and
are
finalized,

as
proposed.
No
significant
comments
were
received
on
this
section.
These
general
requirements
minimize
the
potential
for
accidents
when
handling
ignitable
or
reactive
wastes,
or
when
mixing
incompatible
wastes.

9.
What
are
the
Location
Standards?
45
The
§
267
§
267.18
location
standards
are
similar
to
the
requirements
found
in
264.18,

except
that
today's
final
rule
does
not
provide
for
a
waiver
from
the
100­
year
floodplain
restriction,
based
on
the
ability
to
remove
the
waste.

Most
commenters
agreed
with
the
Agency
that
we
should
not
allow
a
waiver
from
the
location
requirements
that
prohibit
locating
a
facility
in
a
100­
year
floodplain,
if
wastes
can
be
removed
before
flood
waters
reach
the
facility.
Commenters
provided
similar
arguments
to
those
regarding
the
exemption
from
the
security
provisions.
Moreover,
they
argued
that
if
a
facility
believes,
based
on
site­
specific
conditions,
that
they
should
be
eligible
for
a
waiver,
that
the
facility
would
likely
be
better
suited
for
an
individual
permit.
We
agree
with
these
commenters.

However,
some
commenters
argued
that
the
waiver
provision
should
be
available
for
siting
a
facility
in
the
100­
year
flood
plain
in
order
to
maximize
regulatory
relief.
We
disagree.
Similar
to
our
reasons
for
not
having
an
exemption
from
the
security
provisions
of
§
267
§
267.14,
we
believe
that
having
a
waiver
from
the
location
standards
would
only
add
to
the
complexity
of
what
is
intended
to
be
a
streamlined
permit
process.
If
allowed,
waivers
would
require
review
and
approval
stages,
adding
to
the
time
necessary
for
issuance
of
a
draft
permit,
which
detracts
from
the
intent
of
permit
streamlining.
Therefore,
we
are
not
providing
for
a
waiver
from
the
floodplain
location
standards
in
the
final
rule.

D.
Subpart
C
­
Preparedness
and
Prevention
This
subpart
requires
you
as
the
owner
or
operator
to
minimize
threats
to
human
health
and
the
environment
caused
by
the
release
of
waste
from
unplanned
events.

1.
What
are
the
Design
and
Operation
Standards?

The
requirements
of
267.31
are
the
same
as
those
found
in
264.31,
and
include
requirements
on
how
to
design,
construct,
maintain
and
operate
your
facility
to
minimize
threats
to
human
health
and
the
environment.
No
significant
comments
were
received
on
this
section.

Therefore,
we
are
finalizing
the
requirements,
as
proposed.

2.
What
Equipment
Am
I
Required
To
Have?
46
Section
267.32
equipment
requirements
are
finalized,
as
proposed.
This
section
requires
you
to
have
certain
equipment
at
the
facility,
including
an
alarm
system,
communication
equipment,
fire
extinguishers
and
fire
control
equipment,
and
either
water
forat
adequate
volume
and
pressure
to
supply
hose
streams,
foam
equipment,
or
water
spray
systems.
The
section
also
provides
an
exemption
for
certain
equipment,
otherwise
required,
if
the
potential
hazards
at
the
facility
don't
warrant
the
equipment.
To
make
use
of
that
equipment
exemption,
you
would
need
to
submit
a
certification
and
keep
documentation
supporting
the
exemption
at
your
facility.
This
exemption
has
been
retained
for
two
reasons:
it
avoids
unnecessary
expenditures,
and
the
exemption
does
not
require
approval
of
a
demonstration
by
the
permitting
agency.
However,
you
would
be
required
to
keep
documentation
supporting
any
equipment
exemption
at
the
facility
and
you
would
make
the
documentation
available
for
review
by
the
permitting
agency
and
the
public.

No
significant
comments
were
received
on
this
section.

3.
What
are
the
Testing
and
Maintenance
Requirements
for
Equipment?

Section
267.33
is
finalized,
as
proposed,
requiring
the
testing
of
all
equipment
identified
in
267.32.
No
significant
comments
were
received
on
this
section.

4.
What
are
the
Requirements
for
Access
to
Communication
Equipment
or
an
Alarm
System?

Section
267.34
requires
all
personnel
involved
in
waste
handling
to
have
ready
access
to
communication
equipment
and
alarms.
The
requirement
would
not
apply
when
the
equipment
is
not
required
under
§
267
§
267.32.
No
significant
comments
were
received
on
this
section.

Therefore,
this
section
is
finalized,
as
proposed.

5.
What
are
the
Requirements
for
Access
for
Personnel
and
Equipment
During
Emergencies?

Section
267.35
is
being
finalized
with
additional
language
as
described
below.
Specifically,

a
commenter
suggested
adding
the
following
language
to
the
end
of
proposed
§
267
§
267.35:
"
as
appropriate
considering
the
type
of
waste
being
stored
or
treated."
We
agree
with
the
suggested
change
because.
The
change
it
acknowledges
that
certain
wastes
may
not
necessarily
require
spill
control
or
fire
equipment
access
to
the
area.
47
6.
What
are
the
Requirements
for
Arrangements
with
Local
Authorities
for
Emergencies?

Section
267.36,
regarding
making
arrangements
with
local
entities
such
as
police,
fire,
and
response
authorities,
is
finalized,
as
proposed.
No
significant
comments
were
received
on
this
section.

E.
Subpart
D
­
Contingency
Plans
and
Emergency
Procedures.

This
subpart
contains
standards
requiring
a
contingency
plan
that
describes
how
hazards
to
human
health
and
the
environment
will
be
minimized.
These
requirements
are
similar
to
those
in
part
264
subpart
D
with
the
exception
that
you
are
not
required
to
submit
the
plan
with
your
application.

The
following
Sections
of
Subpart
D
are
finalized,
as
proposed,
because
no
significant
comments
were
received.

a.
Purpose
of
the
Contingency
Plan
(
§
267
§
267.51
)

b.
What
is
Required
to
be
in
the
Contingency
Plan?(
§
267
§
267.52
)

c.
Who
is
Required
to
Have
Copies
of
the
Contingency
Plan?
(
§
267
§
267.53
)

c.
Revising
the
Contingency
Plan
(
§
267
§
267.54
)

d.
Role
of
the
Emergency
Coordinator
(
§
267
§
267.55
)

e.
Emergency
Procedures
for
the
Emergency
Coordinator
(
§
§
267
§
§
267.56
and
267.57
)

F.
Subpart
E
­
Manifest
System,
Record
keeping,
Reporting,
and
Notifying
The
following
sections
of
Part
267
are
finalized
as
proposed,
because
no
significant
comment
was
received,
except
as
noted
below
regarding
§
267.72.

a.
Does
this
subpart
apply
to
me?
(
§
267.70)

b.
What
information
must
I
keep?
(
§
267.71)

c.
Who
sees
the
records?
(
§
267.72
)

c.
What
reports
must
I
prepare
and
to
whom
do
I
send
them?
(
§
267.73
)

d.
What
notifications
must
I
make?
(
§
267.74
)

This
subpart
of
part
267
contains
the
standardized
permit
manifest
system,
record
keeping,
reporting,
and
notifying
requirements.
We
changed
the
name
of
the
48
heading
for
Subpart
E
to
reflect
the
applicability
of
the
manifest
system
requirements
in
cases
involving
eligible
off­
site
facilities.

1.
When
Would
I
Need
To
Manifest
My
Waste?

Today's
rule
extends
eligibility
for
the
standardized
permit
to
certain
off­
site
facilities.

Because
the
proposal
only
addressed
on­
site
generator
facilities,
§
267.70
did
not
include
all
of
the
provisions
from
§
264.71
"
Use
of
the
Manifest
System."
We,
therefore,
are
finalizing
today's
rule
to
insert
the
provisions
of
§
264.71
into
§
267.71,
now
titled
"
Use
of
the
Manifest
System,"
and
the
provisions
of
§
264.72
into
§
267.72,
now
titled
"
Manifest
Discrepancies."

With
these
insertions,
the
proposed
§
§
267.71
through
and
267.74
are
renumbered
and
finalized
as
follows:

a.
Section
267.71
becomes
§
267.73
(
What
Information
Must
I
Keep?);

b.
Section
267.72
becomes
§
267.74
(
Who
Sees
the
Records?);

c.
Section
267.73
becomes
§
267.75
(
What
Reports
Must
I
Prepare
and
to
Whom
Do
I
Send
Them?);
and
d.
Section
267.74
becomes
§
267.76
(
What
Notifications
Must
I
Make?).

Because
we
are
extending
eligibility
to
certain
off­
site
facilities,
we
are
adding
paragraphs
to
§
267.73
and
§
267.75
that
relate
to
off­
site
facilities
(
e.
g.,
§
267.73(
b)(
11)
and
(
12)
and
§
267.75(
c)

and
(
d).

One
commentor
did
suggested
that
the
proposeda
change
to
include
manifest
requirements
be
modified
if
the
Agency
expanded
the
rule
to
addressin
the
final
rule
be
made
to
allow
for
off­
site
facility
eligibility.
Because
we
are
extending
this
rule
to
certain
off­
site
facilities.
However,

because
we
are
limiting
the
rule
to
on­
site
facilities,
where
an
owner/
operator
manages
their
own
waste
generated
at
several
locations,
the
suggested
change
was
not
incorporated
into
the
rule.

Finally,
oneto
Subpart
E
was
appropriate.

2.
What
Information
Would
I
Need
to
Keep?

For
similar
reasons
as
with
the
section
on
"
when
would
I
need
to
manifest
my
waste?,"

proposed
§
267.71
was
developed
with
on­
site
generator
facilities
only.
Because
certain
off­
site
49
facilities
are
now
included,
we
are
adding
the
applicable
provisions
from
§
264.71
that
relate
to
offsite
facilities,
into
§
267.73.

One
commentor
noted
that
there
appeared
to
be
some
confusion
on
retention
times
for
records,
and
with
the
heading
to
§
267.72
which
seems
to
focus
primarily
on
who
sees
the
records.

.
The
retention
time
for
records,
unless
otherwise
noted,
is
until
the
facility
is
closed,
as
is
stated
at
§
267.73(
b).

According
to
§
267
§
267.7173(
b),
records
must
be
retained
until
the
facility
is
closed.
In
addition,
§
267
§
267.72
74(
b)
further
states
this
retention
period
can
be
extended
due
to
an
unresolved
enforcement
action
involving
the
facility
or
as
requested
by
the
Administrator.
For
the
purpose
of
clarity,
we
removed
the
words
"
and
how
long
do
I
keep
them"
from
the
heading
of
§
267.72.

G.
§
267.74.

3.
Who
Sees
the
Records?

Proposed
§
267.72
regarding
submission
of
records
to
the
permitting
authority
is
finalized
at
§
267.74.
No
significant
comments
were
received
on
this
section.

4.
What
Reports
Do
I
Need
to
Prepare
and
Who
Would
I
Need
to
Send
them
to?

Because
we
are
finalizing
today's
rule
to
extend
to
certain
off­
site
facilities,
we
are
adding
the
applicable
provisions
from
§
264.76
(
Unmanifested
Wastes)
to
proposed
§
267.73,
and
finalizing
that
section
at
§
267.75.
No
significant
comments
were
received
on
this
section.

5.
What
Notifications
Must
I
Make?

Proposed
§
267.74
is
finalized
as
§
267.76.
No
significant
comments
were
received
on
this
section.

G.
Subpart
F
­
Releases
from
Solid
Waste
Management
Units
50
Section
267.101
of
the
final
rule
sets
forth
requirements
for
corrective
action
at
facilities
that
obtain
standardized
permits.
These
requirements
have
not
been
changed
from
the
October
12,

2001
proposed
rule.

Section
3004(
u)
of
RCRA
provides
that
all
permits
issued
after
November
8,
1984
and
under
the
authority
of
section
3005
must
require
corrective
action
for
all
releases
of
hazardous
waste
or
constituents
from
any
solid
waste
management
units
(
SWMU)
at
the
facility,
as
necessary
to
protect
human
health
and
the
environment
(
see
also
40
CFR
264.101).
Section
3004(
u)

requires
that
schedules
of
compliance
(
where
corrective
action
cannot
be
completed
prior
to
permit
issuance)
and
financial
assurances
for
completing
such
corrective
action
be
included
in
the
permit.

In
addition,
section
3004(
v)
directs
EPA
to
require
corrective
action
as
necessary
to
protect
human
health
and
the
environment
beyond
the
facility
boundary,
where
permission
to
conduct
such
corrective
action
can
be
obtained.
Because
standardized
permits,
like
non­
standardized
permits
(
i.
e.,
individual
permits
and
permits­
by­
rule),
will
be
issued
under
the
authority
of
section
3005
of
RCRA,
these
statutory
corrective
action
requirements
extend
to
standardized
permits
as
well.

Section
267.101(
b)
provides
that
corrective
action
provisions
will
be
specified
in
the
supplemental
portion
of
the
standardized
permit
(
as
necessary
to
protect
human
health
and
the
environment).
In
the
October
12,
2001
proposed
rule,
the
Agency
did
not
propose
standardized
permit
conditions
for
corrective
action.
The
Agency
explained
that,
while
it
was
attempting
to
streamline
the
permit
application
and
permit
issuance
processes
by
developing
generic
design
and
operating
standards
for
storage
permits,
it
had
to
balance
the
desire
for
a
streamlined
permitting
process
against
the
need
for
flexibility
in
the
corrective
action
program.
The
Agency
recognized
that
most
sites
in
the
RCRA
corrective
action
universe
are
unique,
and
that
site­
specific
determinations
for
corrective
action
remedies
are
vital
to
assuring
the
best
remedy
is
selected
at
each
site.
The
Agency
therefore
proposed
the
same
site­
specific
flexibility
for
corrective
action
under
standardized
permits
as
is
available
under
non­
standardized
permits.
The
Agency
believed
that
this
approach
would
provide
flexibility
to
fashion
remedies
that
are
protective
of
human
health
and
the
environment
and
that
reflect
the
conditions
and
the
complexities
of
each
facility.
The
Agency
solicited
comment
on
this
approach,
but
also
requested
suggestions
for
standardized
corrective
action
permit
conditions.
51
The
Agency
received
few
comments
on
this
proposed
approach.
While
some
commenters
agreed
that
site­
specific
flexibility
should
be
preserved
for
corrective
action,
some
suggested
standard
permit
conditions
that
the
Agency
might
adopt.

One
commenter
suggested
that
the
Agency
develop
standard
permit
conditions
for
presumptive
remedies
or
specified
corrective
action
approaches
which
could
be
incorporated
into
the
uniform
portion
of
the
standardized
permit.
Though
the
Agency
agreed
that
the
commenter
raised
interesting
ideas,
the
Agency
did
not
develop
standard
permit
conditions
based
on
this
comment
for
several
reasons.
First,
commneterthe
commenter
did
not
provide
sufficient
detail
to
develop
standard
conditions,
and
developing
the
suggested
standard
permit
conditions
would
have
required
significant
effort
on
the
part
of
the
Agency.
The
Agency
did
not
believe
that
the
level
of
interest
demonstrated
by
commenters
for
standard
permit
conditions
for
corrective
action
warranted
those
efforts.
In
addition,
the
Agency
did
not
believe
that
this
rule
was
an
appropriate
forum
for
addressing
the
type
of
streamlined
approach
suggested
by
the
commenter
suggested.

Presumptive
remedies
and
generic
standards
for
streamlined
approaches
to
corrective
action
are
based
on
factors
such
as
type
of
waste
and
media
requiring
cleanup
 
factors
unrelated
to
the
eligibility
criteria
for
standardized
permitted
facilities.
Thus,
presumptive
remedies
and
generic
standards
for
streamlined
approaches
to
corrective
action
are
program­
wide
issues
that
the
Agency
believes
are
better
addressed
in
other
forums.

Another
commenter
suggested
that
standardized
permits
should
contain
several
standard
permit
conditions,
at
a
minimum,
including
notification
requirements
for,
and
assessment
of,
newly
identified
solid
waste
management
units,
areas
of
concern,
and
newly
identified
releases;
content
requirements
for
workplans
and
reports;
approval
procedures
for
workplans
and
reports;
and
approval
procedures
for
final
remedies.
The
Agency
did
not
develop
standard
permit
conditions
in
response
to
this
comment.
As
was
the
case
with
the
first
commenter,
this
commenter
did
not
provide
the
detail
that
would
have
been
necessary
to
develop
standard
permit
conditions.
Further,

the
process­
oriented
permit
conditions
suggested
by
the
commenter
would
have
been
inconsistent
with
the
Agency's
approach
to
implementation
of
the
corrective
action
program.
Since
the
time
of
the
proposal,
the
Agency
has
continued
to
move
away
from
a
process­
oriented
corrective
action
approach
toward
a
results­
based
strategy
for
corrective
action.
In
September,
2003,
the
Agency
52
issued
a
guidance
entitled
"
Results­
Based
Approaches
and
Tailored
Oversight
Guidance,"
which
encouraged
the
use,
where
appropriate,
of
results­
based
approaches
to
corrective
action.
As
described
in
the
guidance,
results­
based
approaches
emphasize
outcomes,
or
results,
in
cleaning
up
releases,
and
strives
to
tailor
process
requirements
to
the
characteristics
of
the
specific
corrective
action.
The
Agency
believes
that
development
of
the
standard
permit
conditions
for
corrective
action
as
suggested
by
the
commenters
would
not
be
consistent
with
a
results­
based
approach.

The
Agency
believes
that
the
better
approach
is
to
continue
to
allow
regulators
the
flexibility
to
develop
permit
conditions
and
based
on
the
conditions
at
the
site.
Thus,
section
267.101(
b)
provides
that
provisions
(
or
schedules
of
compliance)
for
corrective
action
will
be
specified
in
the
supplemental
portion
of
a
standardized
permit,
and
§
267
§
267.101(
c)
provides
for
corrective
action
beyond
the
facility
boundary.
These
paragraphs
impose
requirements
for
corrective
action
at
facilities
that
receive
standardized
permits
that
are
identical
to
those
requirements
imposed
by
§
264
§
264.101
at
facilities
that
receive
non­
standardized
permits.

In
the
proposed
rule
(
see
66
FR
52191
@
52232),
the
Agency
also
solicited
comment
on
how
cleanups
under
cleanup
programs
other
than
the
authorized
RCRA
program
(
or
under
"
alternate
authorities")
might
be
addressed
in
RCRA
permits
at
permitted
facilities,
including
facilities
with
standardized
permits.
The
Agency
identified
two
approaches
that
might
be
used
to
address
an
alternate
cleanup
authority
in
a
RCRA
permit
­­
the
approaches
were
referred
to
as
"
postponement"
and
"
deferral."
Under
the
postponement
approach,
the
permitting
authority
would
postpone
the
determination
of
RCRA­
specific
corrective
action
provisions
until
after
a
cleanup
under
an
alternate
State
authority
is
completed.
Under
the
deferral
approach,
the
permitting
authority
would
make
a
determination
that
corrective
action
is
necessary,
and
that
the
appropriate
corrective
action
at
the
site
would
be
the
state
action
run
by
the
state
alternate
program.
The
Agency
requested
comment
on
the
postponement
and
deferral
approaches
as
part
of
its
ongoing
effort
to
determine
how
to
effectively
utilize
alternate
authorities
to
address
corrective
action
needs
at
RCRA
facilities.

The
Agency
is
not
taking
final
action
in
this
final
rule
with
respect
to
the
issues
raised
regarding
alternate
authorities.
The
Agency
does
note,
however,
that
since
the
time
of
the
3Alternate
authorities
are
utilized
at
RCRA
facilities
in
most
States.
These
authorities
include
a
variety
of
cleanup
programs,
including
voluntary
programs
and
state
superfund­
type
programs.

4It
should
be
noted
that
since
issues
related
to
use
of
alternate
authorities
are
not
addressed
in
this
final
rule,
the
Agency
did
not
respond
to
comments
related
to
those
issues.

53
proposed
rule,
the
Agency
has
continued,
outside
of
the
context
of
this
rulemaking,
to
support
the
appropriate
use
at
specific
sites
of
alternate
authorities
to
address
RCRA
corrective
action,
not
only
at
permitted
facilities,
but
at
other
RCRA
facilities
as
well.
3
The
Agency
plans
to
address
issues
and
options
related
to
the
use
of
alternate
authorities
discussed
in
the
proposal,
including
how
to
address
alternate
authorities
in
RCRA
permits,
outside
of
the
context
of
this
rulemaking.
4
H.
Subpart
G
­
Closure
1.
Does
this
subpart
apply
to
me?

The
language
of
§
267
§
267.110
is
finalized,
as
proposed,
since
no
significant
comments
were
received
on
this
section.
You
are
subject
to
the
requirements
of
Subpart
G
if
you
own
or
operate
a
facility
treating
or
storing
hazardous
waste
under
a
standardized
permit.

2.
What
general
standards
must
I
meet
when
I
stop
operating
the
unit?

The
language
of
§
267
§
267.111
has
been
modified
to
further
reinforce
that
facilities
under
a
standardized
permit
must
clean
close.
If
a
facility
under
a
standardized
permit
cannot
clean
close,
then
the
owner/
operator
of
the
facility
must
pursue
post­
closure
options.

3.
What
procedures
must
I
follow?

As
discussed
below,
§
267
§
267.112
has
been
revised
to
require
that
the
closure
plan
be
submitted
with
the
Notice
of
Intent,
instead
of
180
days
prior
to
closure,
as
proposed.
The
closure
plan,
as
part
of
the
permit,
would
be
approved
with
final
permit
issuance.

The
Agency
requested
comments
on
several
aspects
of
the
closure
plan
in
the
proposed
rule.
Specifically,
while
the
Agency
proposed
to
require
that
the
closure
plan
be
submitted
at
least
180
days
prior
to
closure,
we
also
requested
comment
on
whether
the
closure
plan
should
be
54
submitted
with
the
Notice
of
Intent;
not
allowing
the
option
to
close
as
a
landfill
and
therefore
require
clean
closure
of
the
units
addressed
in
the
standardized
permit;
and
not
allowing
time
extensions
for
closure.
We
also
requested
comments
and
suggestions
for
procedures
to
be
followed
in
the
event
that
you
do
not
know
that
you
are
to
receive
the
final
volume
of
hazardous
waste
until
you
are
within
the
180
day
period,
and
proposed
options
for
that
occurrence.
Finally,

we
invited
comment
on
an
option
of
not
requiring
a
closure
plan,
but,
instead,
including
closure
conditions
in
the
standardized
permit.
Our
response
to
these
comments
are
addressed
in
this
section
of
the
preamble
and
in
the
Response
to
Comments
document.

The
majority
of
the
comments
received
supported
a
requirement
that
the
closure
plan
be
submitted
with
the
Notice
of
Intent.
Those
who
favored
the
closure
plan
being
submitted
with
the
Notice
of
Intent
argued
that
early
submittal
of
the
closure
plan
would
be
more
protective
of
human
health
and
the
environment
because
it
would
allow
for
better
cost
estimates,
would
allow
for
early
negotiation
of
closure
conditions,
and
would
avoid
the
problem
of
meeting
time
frames
within
the
180­
day
window.
Moreover,
as
noted
previously,
requiring
the
plan
up
front
would
allow
the
regulatory
authority
to
review
the
plan
and
assure
the
regulatory
authority
of
the
owner/
operator's
ability
to
complete
closure.
Early
submission
of
a
closure
plan
would
also
help
support
closure
cost
estimate
figures.
Finally,
the
revision
would
allow
the
public
to
review
the
plan
during
the
public
comment
period
for
the
publicly
noticed
permit.
Consequently,
we
agree
that
it
would
be
more
appropriate
to
require
that
the
closure
plan
be
submitted
with
the
Notice
of
Intent
and
have
modified
the
rule
accordingly.

With
this
change
to
require
closure
plan
submissions
with
the
Notice
of
Intent,
we
have
modified
the
proposed
§
267
§
267.112(
c)
language
to
account
for
changes
to
the
facility
requiring
a
change
to
the
closure
plan.
These
changes
may
include,
but
are
not
limited
to,
changes
in
the
operating
plan,
facility
design,
change
in
the
year
of
closure,
and
unexpected
events.
These
conditions
were
not
relevant
in
the
proposed
rule
where
the
closure
plan
was
not
required
until
180
days
prior
to
closure.

4.
Will
the
public
have
the
opportunity
to
comment
on
the
plan?
55
Based
on
the
changes
discussed
in
the
previous
section,
the
public
will
have
an
opportunity
to
review
the
closure
plan
during
the
public
comment
period
that
occurs
once
the
draft
permit
is
public
noticed.

5.
What
happens
if
the
plan
is
not
approved?

Because
of
the
change
made
to
require
that
the
closure
plan
be
submitted
with
the
Notice
of
Intent,
section
267.114
is
no
longer
appropriate
and
thus,
is
not
included
in
the
final
rule.
The
plans
are
considered
approved
when
the
final
permit
is
issued,
becoming
part
of
the
permit.
If
the
plan
is
not
acceptable,
then
the
standardized
permit
will
not
be
issued.

6.
After
I
stop
operating,
how
long
until
I
must
close?

The
proposed
rule
required
that
closure
begin
within
9030
days
after
the
facility
received
its
final
volume
of
hazardous
waste,
and
that
clean
closure
be
completed
within
180
days
after
receiving
the
final
volume
of
waste,
with
no
time
extensions.
(
The
rule
intends
that
eligible
units
should
be
able
to
clean
close.)
Our
rationale
for
requiring
clean
closure
of
the
units
subject
to
the
standardized
permit
was
to
reduce
the
likelihood
of
any
unforeseen
circumstances
and
thus,
it
would
be
unlikely
that
closure
would
take
longer
than
180
days.
Nevertheless,
in
the
proposal,
we
invited
comments
on
the
need
for
extending
the
closure
time
period
to
allow
for
more
time
to
clean
close.

Most
commenters
agree
with
the
Agency
that,
in
most
cases,
180
days
is
an
adequate
amount
of
time
to
clean
close
container
units,
tank
storage
units,
and
containment
buildings.

However,
commenters
also
believed
it
appropriate
(
and
necessary)
to
include
a
provision
in
the
final
rule
that
would
allow
for
an
extension
for
circumstances
beyond
the
control
of
the
owner/
operator.

Based
on
these
comments
and
the
Agency's
experience
in
implementing
the
hazardous
waste
program,
we
agree
with
the
commenters
that
a
provision
should
be
included
in
the
final
rule
that
would
allow
a
one­
time
extension
for
circumstances
beyond
the
control
of
the
owner/
operator.
Therefore,
we
are
including
a
provision
in
the
final
regulations
at
§
267
§
267.115
to
allow
for
a
one­
time
extension
of
180
days
to
the
time
allowed
to
clean
close
to
address
56
circumstances
beyond
the
control
of
the
owner/
operator.
In
cases
where
closure
is
expected
to
take
more
time,
the
facility
will
be
required
to
use
post­
closure
options
to
close.

7.
What
must
I
do
with
contaminated
equipment,
structures,
and
soils?

The
language
of
§
267
§
267.116
is
finalized,
as
proposed.
No
comments
were
received
on
this
section.

8.
How
do
I
certify
closure?

The
language
of
§
267
§
267.117
is
finalized,
as
proposed.
No
comments
were
received
on
this
section.

I.
­
Subpart
H
­
Financial
Requirements
Much
of
the
regulatory
language
in
this
final
rule
uses
a
format
of
questions
and
answers
that
refers
to
the
permittee
as
"
you"
and
to
EPA
as
"
we."
Except
for
the
introduction
to
the
regulations
(
§
267
§
267.140),
the
language
in
Subpart
H
does
not
follow
the
question
and
answer
format,
and
it
does
not
use
these
first
and
second
person
pronouns
to
identify
the
subject.
There
are
two
main
reasons
for
this
difference.
First,
the
underlying
current
financial
responsibility
regulations
in
subpart
H
of
40
CFR
264
and
265,
which
remain
integral
to
the
proposed
part
267
regulations,
do
not
use
first
and
second
person
pronouns,
and
EPA
has
not
rewritten
the
existing
part
264
and
265
regulations
to
conform
to
the
question
and
answer
format.
The
regulations
here
cross
reference
the
existing
part
264
regulations
extensively,
and
often
provide
that
compliance
with
an
existing
part
264
provision
would
constitute
compliance
with
proposed
part
267.
This
linkage
of
the
regulations
is
necessary
so
that
firms
with
facilities
under
both
existing
part
264
(
or
part
265
regulations)
and
proposed
part
267
could
use
the
same
mechanism
for
more
than
one
facility,
thus
eliminating
the
expense
of
a
separate
mechanism.
EPA
expects
that
several
firms
using
the
proposed
standardized
permit
could
have
other
facilities
operating
under
existing
part
265
interim
status
or
part
264
permitting
standards.

Second,
unlike
many
other
permitting
regulations,
the
responsibilities
in
the
financial
assurance
regulations
often
extend
to
parties
in
addition
to
EPA
(
or
the
state
permitting
agency)
57
and
the
permittee.
For
example,
a
trustee
agrees
to
perform
certain
functions
as
part
of
a
trust
agreement
where
EPA
is
the
beneficiary,
but
EPA
is
not
a
signatory.
Third,
parties
must
fulfill
their
responsibilities
in
accordance
with,
and
the
language
used
for
the
documents
often
must
conform
to,
specific
industry
standards
such
as
the
Uniform
Commercial
Code.
Because
third
parties
are
integral
to
the
operation
of
the
financial
responsibility
regulations,
EPA
has
not
issued
regulatory
language
based
upon
first
and
second
person
subjects.

1.
Who
must
comply
with
this
subpart
and
briefly
what
must
they
do?
The
financial
responsibility
requirements
for
the
standardized
permit
largely
mirror
the
provisions
found
currently
in
40
CFR
part
264
subpart
H.
As
discussed
more
fully
below,
the
major
differences
involve
the
pay­
in
period
for
a
trust
for
a
new
facility,
and
the
adoption
of
a
financial
test
that
differs
from
the
current
financial
test
under
40
CFR
264
Subpart
H.
Both
of
these
provisions
were
included
in
the
proposal.
Under
§
267
§
267.140,
you
must
comply
with
these
regulations
if
you
are
the
owner
or
operator
of
a
facility
that
treats
or
stores
waste
under
a
standardized
permit,
except
as
provided
under
§
267
§
267.1(
b),
and
§
267
§
267.140(
d)
which,
like
current
part
264
subpart
H,

exempts
the
States
and
the
Federal
government
from
the
requirements
of
this
subpart.
If
you
are
subject
to
these
regulations,
you
must
prepare
a
closure
cost
estimate,
demonstrate
financial
assurance
for
closure,
and
demonstrate
financial
assurance
for
liability.
You
must
also
notify
the
Regional
Administrator
if
you
are
named
as
a
debtor
in
a
bankruptcy
proceeding
under
Title
11
(
Bankruptcy),
U.
S.
Code.

2.
Definitions.
The
definitions
and
terms
in
§
267
§
267.141
largely
follow
those
currently
used
in
§
264
§
264.141.
As
discussed
below,
the
proposed
regulatory
text
included,
as
a
method
of
complying
with
the
financial
assurance
requirements,
a
financial
test
that
reflected
the
test
that
EPA
had
proposed
for
other
hazardous
waste
TSDFs.
Because
this
proposed
test
did
not
use
some
of
the
terms
in
the
part
264
financial
test,
EPA
omitted
those
definitions
from
the
proposed
part
267.
For
the
standardized
permit
rule,
EPA
has
adopted
the
financial
tests
that
were
contained
in
the
proposal
and
so
the
definitions
that
were
omitted
from
the
proposal
are
again
omitted
from
the
final
text
of
§
267
§
267.141.
58
3.
Closure
cost
estimates.
For
traditional
permits,
the
closure
plan
forms
one
of
the
bases
for
estimating
closure
costs.
However,
under
the
proposed
rule,
the
holder
of
a
standardized
permit
would
not
have
had
to
prepare
a
closure
plan
until
180
days
before
closure.
Therefore,

EPA
developed
proposed
regulatory
language
that
could
accommodate
this
difference.
As
previously
discussed,
many
commenters
objected
to
this
provision
(
in
part
because
of
the
difficulty
of
developing
precise
cost
estimates
in
the
absence
of
a
closure
plan)
and
so
in
the
final
rule,
EPA
has
required
that
the
closure
plan
be
submitted
with
the
Notice
of
Intent
and
be
approved
before
the
issuance
of
the
standardized
permit.
(
See
section
H.
Subpart
G,
Closure
preceding
this
section
for
further
discussion
of
this
issue.)
Because
approval
of
the
closure
plan
is
now
required
before
the
issuance
of
the
standardized
permit,
the
closure
cost
estimating
requirements
can
be
and
are
the
same
for
holders
of
standardized
permits
as
for
holders
of
traditionalindividual
permits.
Thus,
the
regulatory
language
that
was
included
in
the
proposal
that
would
have
accommodated
the
difference
between
proposed
§
267
§
267.142(
a)(
1),
(
2),
and
(
5)
and
the
current
part
264
subpart
H
has
been
removed
from
the
final
rule,
and
a
new
§
267
§
267.142(
c)
added.
Under
§
270
§
270.275(
i),
a
copy
of
the
closure
cost
estimate
must
be
submitted
with
the
Notice
of
Intent.

This
is
consistent
with
the
requirement
for
other
permits
in
§
270
§
270.14(
b)(
15).

As
under
the
requirements
for
other
permitted
facilities,
you
must
develop
and
keep
at
the
facility
a
detailed
written
estimate,
in
current
dollars,
of
the
cost
of
closing
the
facility
in
accordance
with
the
closure
requirements
of
§
§
267
§
§
267.111
through
267.117,
and
applicable
closure
requirements
in
§
§
267
§
§
267.176,
267.201,
and
267.1108.
As
under
the
requirements
for
facilities
operating
under
individual
permits,
you
must
base
these
cost
estimates
upon
a
closure
plan.
Under
§
267
§
267.142(
a)(
1),
the
estimate
must
equal
the
cost
of
final
closure
at
the
point
in
your
facility's
active
life
when
the
extent
and
manner
of
its
operation
would
make
closure
the
most
expensive.
We
are
requiring
in
§
267
§
267.142(
a)(
2)
that
you
base
the
closure
cost
estimate
on
the
cost
to
hire
a
third
party
to
close
the
facility.
In
addition,
the
closure
cost
estimate
may
not
incorporate
any
salvage
value
from
the
sale
of
hazardous
waste,
non­
hazardous
waste,
facility
structures
or
equipment,
land,
or
other
assets
associated
with
the
facility
at
the
time
of
partial
or
final
closure
(
§
267
§
267.142(
a)(
3)).
This
disallowance
of
a
salvage
credit
reflects
the
Agency's
conviction
that
allowing
salvage
value
to
be
credited
is
inconsistent
with
the
goal
of
ensuring
adequate
funds
are
available
in
the
event
that
the
owner
or
operator
fails
to
cover
the
costs
of
59
closure.
Further,
your
cost
estimate
may
not
incorporate
a
zero
cost
for
hazardous
waste
or
nonhazardous
waste
that
you
might
be
able
to
sell.
The
value
of
waste
at
closure
sometime
in
the
future
is
too
speculative
to
allow
it
to
offset
closure
costs.
(
§
267
§
267.142(
a)(
4)).

Under
§
267
§
267.142(
b),
you
must
adjust
the
closure
cost
estimate
for
inflation
within
60
days
before
the
anniversary
date
you
established
for
the
financial
instruments
utilized
to
comply
with
§
267
§
267.143.
Proposed
§
267
§
267.143,
which
we
discuss
below,
would
require
an
instrument
to
demonstrate
financial
assurance
for
closure.
If
you
use
the
financial
test
or
corporate
guarantee
to
demonstrate
financial
responsibility,
you
must
update
your
closure
cost
estimate
for
inflation
within
30
days
after
the
close
of
the
firm's
fiscal
year
and
before
submitting
the
updated
financial
test
information
to
the
Regional
Administrator.
Because
the
financial
test
submission
must
be
updated
for
inflation
within
90
days
of
the
close
of
the
firm's
fiscal
year,
effectively
both
users
of
the
financial
test
and
corporate
guarantee,
and
users
of
the
other
mechanisms
must
update
the
cost
estimates
on
the
same
schedule.

However,
we
requested
public
comment
on
whether
to
change
the
deadline
for
updating
the
cost
estimate
for
inflation
for
users
of
the
financial
test
to
90
days
after
the
close
of
the
fiscal
year.
Changing
to
90
days
would
have
made
this
requirement
the
same
as
the
deadline
for
updating
the
financial
test.
After
evaluating
the
public
comments,
we
decided
to
keep
the
dates
for
updating
cost
estimates
for
holders
of
standardized
permits
the
same
as
for
individual
permits.

Changing
these
dates
would
have
made
them
inconsistent
with
the
dates
for
individual
permits.

While
two
commenters
recommended
the
change,
another
recommended
against
it
and
we
determined
that
keeping
the
dates
consistent
with
the
other
program
requirements
would
be
preferable
In
adjusting
your
cost
estimate,
you
may
recalculate
the
maximum
costs
in
current
dollars
or
use
an
inflation
factor
derived
from
the
Implicit
Price
Deflator
for
Gross
Domestic
Product
published
by
the
U.
S.
Department
of
Commerce.
This
is
a
slightly
different
specification
for
the
adjustment
than
is
currently
in
§
264
§
264.142
because
those
regulations
specify
the
use
of
the
Implicit
Price
Deflator
for
Gross
National
Product
rather
than
the
Gross
Domestic
Product.
We
proposed
using
the
Gross
Domestic
Product
deflator
under
this
rule
because
the
Gross
Domestic
60
Product
Deflator
is
more
readily
available.
Generally,
the
differences
between
the
two
series
are
not
significant
and
we
believe
using
the
more
readily
available
information
will
help
you
to
better
comply
with
the
requirement
to
adjust
your
cost
estimate
for
inflation.
We
received
no
adverse
comment
on
using
the
Gross
Domestic
Product
deflator
and
therefore,
have
included
it
in
the
final
rule.
EPA
notes
it
has
issued
guidance
allowing
owners
and
operators
of
facilities
with
individual
permits
to
use
the
Implicit
Price
Deflator
for
Gross
Domestic
Product
under
§
264
§
264.142
so
long
as
they
are
consistent
in
its
use.

Under
proposed
§
267
§
267.142(
a)(
5),
you
would
have
been
required
to
revise
your
closure
cost
estimate
in
accordance
with
the
closure
plan
within
30
days
after
submitting
your
closure
plan.
This
provision
is
not
part
of
the
final
rule
because
now
the
closure
plan
must
be
submitted
with
the
Notice
of
Intent.
The
requirements
for
closure
costs
are
the
same
in
§
267
§
267.142
as
in
§
264
§
264.142.
You
would
also
adjust
the
revised
closure
cost
estimate
for
inflation
as
proposed
in
§
267
§
267.142(
b).
These
requirements
mirror
those
currently
in
part
264
for
facilities
operating
under
individual
permits
and
have
been
incorporated
into
this
final
rule.

As
with
the
current
§
264
§
264.142(
c)
requirement,
under
§
267
§
267.142(
c),
you
must
update
the
closure
cost
estimate
when
a
modification
to
the
closure
plan
has
been
approved.
If
you
modify
your
operations
so
that
the
cost
of
closure
would
increase,
you
must
increase
the
closure
cost
estimate
and
provide
financial
assurance
for
that
amount
under
§
267
§
267.143.

Similarly,
the
requirements
in
§
267
§
267.142(
d)
correspond
to
the
existing
requirements
in
§
264
§
264.142(
d)
and
require
you
to
maintain
the
latest
cost
estimate
at
the
facility,
and,
when
the
cost
estimate
has
been
adjusted
for
inflation
as
required
under
§
267
§
267.142,
the
latest
adjusted
closure
cost
estimate.

In
the
preamble
and
docket
to
the
proposed
rule,
we
described
several
options
that
the
holder
of
a
standardized
permit
could
use
to
develop
a
closure
cost
estimate
in
the
absence
of
a
closure
plan.
As
discussed
more
fully
above
in
Subpart
G
­
Closure,
EPA
is
requiring
facilities
to
submit
a
closure
plan
as
part
of
the
Notice
of
Intent
and
the
closure
plan
will
be
available
when
the
closure
cotscost
estimate
is
prepared..
As
a
result
,
the
final
rule
does
not
need
to
contain
tools
to
61
develop
a
closure
cost
estimate
in
the
absence
of
a
closure
plan
are
unnecessary.
However,

because
of
comments
suggesting
that
the
various
options
for
developing
closure
cost
estimates
could
be
useful,
we
note
that
the
Options
remain
in
the
docket
and
may
be
used
as
aids
in
computing
cost
estimates.

EPA
also
requested
comment
on
waiving
cost
estimates
for
facilities
that
use
the
financial
test
(
Option
6).
Some
commenters
objected
to
this
because
firms
can
initially
pass
the
financial
test,
but
then
later
fail
to
qualify.
Such
firms
will
need
a
cost
estimate
to
determine
the
amount
of
the
replacement
financial
assurance
instrument.
EPA
agrees
with
the
comments
that
having
a
cost
estimate
will
be
useful
in
determining
the
amount
of
a
replacement
financial
assurance
instrument,

if
a
facility
later
fails
to
qualify
and,
so,
EPA
is
not
providing
a
waiver
for
cost
estimates
for
facilities
that
use
the
financial
test.
One
of
the
commenters
noted
that
a
firm
could
pass
the
financial
test
and
then
declare
bankruptcy
without
a
cost
estimate
so
that
the
permitting
authority
could
have
difficulty
in
presenting
a
claim
in
bankruptcy
court.
EPA
notes
that
closure
costs
are
not
actually
"
claims"
in
bankruptcy
court,
but
are
regulatory
obligations
imposed
via
governmental
policey
and
regulatory
filings
and,
as
such,
continue
despite
a
bankruptcy
filing.
The
Agency
agrees,
however,
that
having
a
cost
estimate
in
place
during
a
bankruptcy
may
be
helpful,
not
only
because
it
aids
the
owner/
operator
in
evaluating
its
financial
and
environmental
obligations,
but
also
because
it
may
assist
the
regulatory
authority
in
determining
the
extent
of
the
owner/
operator's
regulatory
obligations.

4.
Financial
assurance
for
closure.
We
designed
the
requirements
in
§
267
§
267.142
to
ensure
that
the
cost
estimate
which
forms
the
basis
for
determining
the
amount
of
the
financial
assurance
instrument
required
in
§
267
§
267.143
would
provide
sufficient
funds
to
close
the
facility
properly
at
any
time.
We
want
to
ensure
that
there
would
be
sufficient
financial
resources
to
close
the
facility
properly
even
in
the
event
that
the
facility
enters
bankruptcy.
The
requirements
in
§
267
§
267.143
specify
the
mechanisms
from
which
you
must
choose
to
demonstrate
financial
assurance
for
closure
obligations.

The
requirements
in
§
267
§
267.143
allow
the
use
of
the
same
mechanisms
that
are
available
to
owners
and
operators
of
facilities
operating
under
individual
permits
currently
issued
62
under
part
264.
However,
we
have
made
modifications
to
these
requirements
(
from
the
analogous
requirements
in
part
264)
to
account
for
the
particular
circumstances
of
the
standardized
permit.

The
differences
between
the
requirements
under
§
§
264
§
§
264.143
and
267.143
are
discussed
below.

Closure
Trust
Fund
(
§
267
§
267.143(
a))

Under
§
267
§
267.143(
a),
the
pay­
in
period
for
the
closure
trust
fund
for
a
facility
with
a
standardized
permit
differs
slightly
from
the
pay­
in
period
for
facilities
with
individual
permits
issued
under
part
264.
Currently,
if
you
have
a
new
facility
seeking
coverage
under
a
part
264
permit,
you
must
make
annual
payments
into
the
trust
fund
over
the
remaining
life
of
your
facility,

as
estimated
by
your
closure
plan,
or
over
the
life
of
the
permit
(
which
is
usually
ten
years),

whichever
is
shorter.
Under
the
proposed
standardized
permit
procedures,
however,
we
proposed
a
period
of
three
years
as
the
pay­
in
period.
We
chose
this
time
period
(
which
is
shorter
than
the
life
of
the
permit
as
currently
allowed
for
individual
permits
under
§
264
§
264.143(
a)(
3))
because
the
current
requirements
in
§
264
§
264.143(
a)(
3)
were
selected
to
accommodate
the
types
of
operations,
such
as
landfills,
which
would
normally
be
receiving
waste
over
a
period
of
years,
with
potentially
increasing
closure
costs
over
that
time
period.
Conversely,
we
did
not
expect
facilities
proposing
to
operate
under
the
standardized
permit
to
build
up
their
waste
volumes,
and
the
resulting
closure
costs,
over
time.
Moreover,
the
cost
for
closing
a
facility
operating
under
the
standardized
permit
would
not
include
the
costs
of
ground
water
monitoring,
covers,
or
postclosure
monitoring,
so
we
expected
the
cost
to
be
less
than
for
many
of
the
other
types
of
facilities
with
individual
permits
that
are
currently
subject
to
§
264
§
264.143.
Therefore,
we
anticipated
that
the
burden
of
the
three­
year
pay­
in
period
would
not
be
excessive.
Further,
we
noted
that
requiring
a
three­
year
pay­
in
period
can
preclude
some
potential
problems
that
can
arise
under
the
longer
pay­
in
period.
For
example,
a
long
pay­
in
period
can
lead
to
insufficient
funds
being
available
at
the
time
of
closure,
if
the
facility
closes
early.
If
the
financial
condition
of
the
permittee
were
to
deteriorate
toward
the
beginning
of
the
pay­
in
period,
the
owner
or
operator
would
not
yet
have
funded
a
substantial
fraction
of
the
trust,
and
the
permitting
authority
could
be
left
with
insufficient
funds
for
closure
in
the
event
of
the
permittee's
failure
to
perform
closure.

Furthermore,
the
three­
year
period
is
consistent
with
the
requirements
for
financial
assurance
for
63
commercial
storers
of
PCB
wastes.
See
§
761
§
761.65(
g)(
1)(
i).
EPA
requested
comment
on
the
proposed
use
of
three
years
as
the
pay­
in
period
for
a
trust
fund.

We
received
several
comments
on
the
pay­
in
period
for
the
trust
fund
for
new
facilities.

One
state
noted
that
a
three­
year
pay­
in
period
would
reduce
the
incentive
for
interim
status
facilities
or
generators
who
wish
to
have
the
option
to
store
for
more
than
90
days
to
apply
for
a
standardized
permit.
AHowever,
as
noted
in
the
preamble
to
the
proposal,
the
pay­
in
period
for
interim
status
facilities
that
use,
or
switch
to,
a
trust
fund
ended
on
July
6,
2002
(
twenty
years
after
the
effective
date
of
the
financial
responsibility
rules
for
closure
and
post­
closure
care).

Conversion
to
a
permit,
whether
standardized
or
individual,
does
not
reopen
the
pay­
in
period
or
extend
the
pay­
in
period.
An
owner
or
operator
who
switches
from
another
mechanism
to
a
trust
fund
under
a
standardized
permit
must
fully
fund
the
trust.
For
a
generator
who
wishes
to
obtain
a
standardized
permit,
we
believe
that
a
three­
year
pay­
in
period
provides
sufficient
time
to
afford
a
trust
fund.
In
addition,
we
note
that
generators
are
not
required
to
use
a
funded
trust
fund
and
can
instead
use
other
mechanisms
such
as
a
letter
of
credit
or
surety
bonds
that
require
a
smaller
cash
outlay.

We
received
a
comment
from
a
state
and
an
industry
association
that
the
three­
year
pay­
in
period
was
appropriate.
On
the
other
hand,
some
states
and
the
Association
of
State
and
Territorial
Solid
Waste
Management
Officials
objected
to
the
three­
year
pay­
in
period
and
instead
recommended
a
fully
funded
trust.
Upon
review
of
these
comments,
the
Agency
believes
that
the
three­
year
pay­
in
period
strikes
an
appropriate
balance
between
the
need
for
complete
financial
assurance,
and
the
possibility
that
immediate
funding
of
a
trust
would
be
prohibitively
expensive.

Also,
a
state
that
wishes
to
adopt
the
standardized
permit
rule,
but
believes
that
the
three­
year
pay­
in
period
is
too
long
is
not
precluded
by
RCRA
from
requiring
immediate
funding
of
the
trust.

An
existing
facility
whose
trust
fund's
value
is
less
than
its
closure
cost
estimate
when
it
receives
a
standardized
permit
would
have
60
days
to
increase
the
value
of
the
trust
to
the
amount
of
the
closure
cost
estimate.
The
requirement
proposed
in
§
267
§
267.143(
a)(
3)
clarified
that
the
60
days
will
apply
both
to
existing
facilities
under
interim
status
and
under
individual
permits,

regardless
of
when
they
obtain
a
standardized
permit.
This
means
that
the
facility
would
64
effectively
have
a
60
days
to
increase
the
value
of
the
trust.
EPA
received
no
comments
on
this
proposal
and
so
has
included
it
in
the
final
rule.

Surety
Bonds
(
§
267
§
267.143(
b)
and
(
c))

The
proposed
rule
would
have
allowed
you
to
use
surety
bonds
guaranteeing
either
payment
or
performance
as
mechanisms
to
demonstrate
compliance
with
proposed
§
267
§
267.143(
b)
or
(
c),
respectively.
As
in
the
existing
part
264
subpart
H
standards,
you
would
also
have
to
establish
a
standby
trust
fund.
Commenters
objected
to
the
use
of
a
surety
bond
in
the
absence
of
a
closure
plan
because
it
would
place
an
undue
burden
on
permitting
agencies
in
the
event
that
the
surety
had
to
close
the
facility
under
the
performance
bond.
We
agree
with
this
comment,
and
this
is
another
reason
that
the
Agency
has
required
an
approved
closure
plan
to
be
submitted
with
the
Notice
of
Intent
and
before
the
issuance
of
the
standardized
permit.

We
received
a
comment
from
a
state
recommending
that
we
require
120
days
of
notice
before
the
cancellation
of
a
surety
bond,
or
a
letter
of
credit
under
the
solid
waste
financial
regulations
so
that
those
regulations
mirror
the
requirements
for
hazardous
waste
facilities.
While
this
comment
is
outside
of
the
scope
of
this
rulemaking,
we
would
note
our
agreement
with
the
desirability
of
120
days
of
notice
before
the
cancellation
of
a
surety
bond
or
a
letter
of
credit
and
point
out
that
this
is
already
required.
The
financial
responsibility
regulations
for
municipal
solid
waste
landfill
facilities
are
in
40
CFR
258.70
to
258.75.
In
40
CFR
258.74(
b)(
7),
the
surety
is
permitted
to
cancel
the
bond
120
days
after
sending
a
notice
of
cancellation
by
certified
mail
to
the
owner
or
operator
and
to
the
State
Director.
40
CFR
258.74(
c)(
3)
has
a
similar
requirement
for
advance
notice
of
cancellation
of
a
letter
of
credit.
The
federal
regulations
already
incorporate
the
amount
of
notice
recommended
by
the
state
in
their
comment.

Letter
of
Credit
(
§
267
§
267.143(
d))

The
proposed
regulations
would
allow
you
to
use
an
irrevocable
standby
letter
of
credit,

and
a
standby
trust
fund
as
specified
in
existing
§
264
§
264.143(
d).
We
received
no
significant
comment
on
this
portion
of
the
proposal
and
have
incorporated
this
portion
of
the
proposal
into
the
final
rule.
65
Closure
Insurance
(
§
267
§
267.143(
e))

Under
proposed
§
267
§
267.143(
e),
we
proposed
to
allow
you
to
use
insurance
as
a
mechanism
for
demonstrating
financial
assurance
for
closure.
The
requirements
of
this
section
referenced
the
corresponding
existing
requirements
in
§
264
§
264.143(
e).
We
also
requested
comments
on
the
conclusions
of
the
EPA
Inspector's
General
report
about
captive
insurance,
and
on
whether
to
require
that
insurers
who
provide
financial
assurance
insurance
policies
must
have
a
minimum
rating
from
a
rating
agency.

ASTSWMO
objected
to
allowing
insurance
for
closure,
and
made
the
following
points:

"
Closure
insurance
should
not
be
allowed
for
facilities
with
standardized
permits
due
to
the
uncertainties
of
insurance
as
an
appropriate
financial
assurance
mechanism
in
general
and
the
potential
problems
associated
with
captive
insurance
in
particular.
If
EPA
does
wish
to
allow
closure
insurance,
the
insurance
policy
must
guarantee
that
funds
will
be
available
for
closure."

In
reviewing
this
comment,
EPA
contacted
the
commenter
to
seek
clarification
of
some
of
the
points
raised.
The
commenter
noted
that
closure
insurance
policies
can
present
difficulties
for
permitting
agencies
because
the
regulations
do
not
specify
the
language
of
the
policies,
but
only
the
language
of
the
certificate
of
insurance.
The
commenter
noted
that
endorsements
can
require
a
careful
review
to
ensure
that
they
have
not
changed
the
terms
of
the
policy
in
a
way
that
would
render
it
inconsistent
with
the
regulatory
requirements.
Also,
the
commenter
clarified
that
the
concern
of
payment
by
policies
included
concern
that
insurers
could
become
insolvent,
as
occurred
with
Reliance
Insurance,
and
be
unable
to
pay
claims.

Although
EPA
agrees
that
insurance
policies
can
require
a
careful
review,
the
rights
and
obligations
under
insurance
policies
issued
to
satisfy
state
or
federal
financial
assurance
requirements
are
controlled
by
those
requirements.
Thus,
where
a
policy
is
issued
to
comply
with
RCRA
financial
assurance
requirements
set
forth
in
statutes
or
regulations,
those
requirements
will
be
read
into
the
policy
and
the
policy
will
be
effectively
amended
to
conform
to
the
statute.

Nonconforming
provisions
are
null
and
void.
See,
Holmes­
Appleman
on
Insurance,
Section
22.1
et
seq.,
esp.
pp.
365,
368,
379,380;
Couch
on
Insurance,
Third
Edition,
Sections
19:
1,
19:
5
and
19:
11.
66
The
issues
raised
by
the
commenter
transcend
the
standardized
permit
rule
and
could
apply
to
insurance
for
other
financial
assurance
obligations
under
§
§
264
§
§
264
and
265.
EPA
did
not
propose
or
seek
comment
on
an
alternative
that
would
disallow
insurance
as
a
financial
assurance
mechanism.
As
noted
in
the
preamble
to
the
proposed
rule
(
66
FR
52192
at
52198),
we
did
not
reopen
the
existing
regulations
to
public
comment,
except
as
explicitly
set
forth
under
the
proposed
rule.

Because
of
interest
by
ASTSWMO
and
other
issues
involving
insurance,
an
EPA
federal
advisory
committee,
the
Environmental
Financial
Advisory
Board,
is
undertaking
a
review
of
insurance
as
a
financial
assurance
mechanism
for
Subtitle
C
facilities;
ASTSWMO
has
been
a
part
of
this
review.
EPA
believes
that
the
suitability
of
insurance
as
a
financial
assurance
mechanism
is
best
resolved
for
all
Subtitle
C
facilities,
rather
than
in
a
piecemeal
fashion,
following
an
opportunity
to
review
any
recommendations
from
the
Environmental
Financial
Advisory
Board.

Since
companies
that
may
seek
to
obtain
a
standardized
permit
may
already
have
an
insurance
policy
for
the
facility,
disallowance
of
insurance
in
the
standardized
permit
would
provide
an
disincentive
to
obtaining
a
standardized
permit.
States
can,
however,
be
more
stringent
than
the
federal
requirement
by
prescribing
policy
language
or
disallowing
insurance
when
they
adopt
this
rule.

We
also
agree
with
the
later
portion
of
the
ASTSWMO
comment
that
"
the
insurance
policy
must
guarantee
that
funds
will
be
available
for
closure."
In
the
proposal,
we
had
proposed
that
insurance
as
specified
in
40
CFR
264.143(
e)
would
be
an
allowable
mechanism.
40
CFR
264.143(
e)(
4)
states
"
The
insurance
policy
must
guarantee
that
funds
will
be
available
to
close
the
facility
whenever
final
closure
occurs.
The
policy
must
also
guarantee
that
once
final
closure
begins,
the
insurer
will
be
responsible
for
paying
out
funds,
up
to
the
amount
of
the
policy,
upon
the
direction
of
the
Regional
Administrator,
to
such
party
or
parties
as
the
Regional
Administrator
specifies."
We
believe
that
this
language
addresses
the
concern
in
the
ASTSWMO
comment
regarding
the
need
to
guarantee
that
funds
will
be
available
for
closure.
67
On
the
issue
of
captive
insurance,
in
addition
to
the
comments
from
ASTSWMO,
we
received
several
comments
both
supporting
and
recommending
against
accepting
captive
insurance
as
a
mechanism.
In
the
proposed
rule,
we
asked
for
information
regarding
captive
insurance,
but
did
not
make
any
specific
proposals.
In
this
final
rulemaking,
we
are
not
determining
whether
or
not
to
allow
captive
insurance
as
a
financial
assurance
mechanism.
EPA
is
continuing
to
analyze
the
information
and
comments
it
received
on
the
proposed
rule,
and
is
preparing
a
report
to
Congress
that
was
required
by
an
EPA
appropriations
bill.
While
the
focus
of
that
report
will
be
on
insurance
for
municipal
solid
waste
landfills,
the
analysis
of
financial
assurance
issues
surrounding
captive
insurance
may
apply
to
both
municipal
solid
waste
and
hazardous
waste
facilities.

Finally,
we
had
proposed
requiring
that
insurance
providers
have
a
minimum
rating
from
either
Standard
&
Poor's,
Moody's,
or
A.
M.
Best.
Comments
on
this
issue
included
support,

objections
to
the
cost
of
obtaining
a
rating
for
a
captive
insurer,
and
questions
about
the
relationship
between
the
rating
of
the
parent
insurance
company
and
the
rating
of
a
subsidiary
that
would
be
writing
environmental
policies.
The
Agency
is
still
evaluating
these
issues
and
the
comments
submitted;
therefore,
the
Agency
is
not
promulgating
a
final
rule
on
a
minimum
rating
of
insurers
at
this
time.

Financial
assurance.

Financial
Test
(
§
267
§
267.143(
f))
and
Corporate
Guarantee
(
§
267
§
267.143(
g))

The
proposed
regulation
in
§
267
§
267.143(
f)
would
have
allowed
the
use
of
a
financial
test
by
you
or
by
a
corporate
guarantor,
as
is
currently
provided
in
§
264
§
264.143(
f).
The
test
that
EPA
proposed
differs
from
the
test
that
is
currently
in
effect
in
parts
264
and
265.

The
proposal
included
changes
to
the
financial
test
that
would
make
the
test
less
available
to
firms
more
likely
to
enter
bankruptcy.
The
test
would
do
this
by
changing
the
financial
test
ratios
to
make
the
test
less
available
to
firms
with
large
debts
compared
with
their
cash
flow
or
net
worth.
However,
the
proposed
testrule
allowsed
firms
that
pass
the
financial
test
to
assure
a
higher
level
of
obligations
than
the
current
RCRA
Subtitle
C
financial
test.
Under
the
financial
test
in
40
CFR
264
and
265,
companies
must
have
tangible
net
worth
at
least
six
times
the
amount
of
the
68
obligations
covered,
and
also
of
at
least
$
10
million.
Firms
that
pass
the
proposed
test
must
also
have
$
10$
10
million
in
tangible
net
worth.
They
can
assure
an
amount
of
obligations
up
to
$
10
million
less
than
their
tangible
net
worth.

Some
commenters
suggested
that
we
should
reconsider
the
financial
test
in
light
of
recent
corporate
failures
and
financial
scandals
of
Fortune
500
companies
with
audited
financial
statements,
while
other
commenters
argued
that
the
regulations
should
make
available
all
the
mechanisms
that
are
currently
available
to
firms.
For
the
reasons
explained
at
proposal,
the
Agency
continues
to
believe
that
the
rules
should
contain
a
financial
test,
but
are
maintaining
the
approach
included
in
the
proposal
 
that
is,
continue
to
make
available
a
mechanism
that
allows
firms
with
a
low
probability
of
failure
to
self
insure,
and
at
the
same
time
reduce
the
risk
of
the
financial
test
by
disallowing
its
use
by
companies
that
are
more
likely
to
enter
bankruptcy.
Some
states
may
determine
that
they
wish
to
be
more
stringent
than
this
requirement
and
further
restrict
the
availability
of
the
financial
test.
This
is
allowable
under
RCRA.

In
the
proposal,
we
also
requested
comments
on
not
requiring
companies
that
pass
the
financial
test
to
provide
a
cost
estimate.
As
noted
above
in
the
last
paragraph
of
the
section
on
Closure
Cost
Estimates,
based
upon
public
comment,
we
have
decided
that
we
will
still
require
cost
estimates
from
such
firms.

The
record
keeping
and
reporting
requirements
of
the
proposed
requirementrule
(
§
267
§
267.143(
f)(
2)(
i)(
C))
would
only
require
a
special
report
from
the
independent
certified
public
accountant
in
instances
where
the
Agency
could
not
verify
financial
data
in
the
chief
financial
officer's
letter
from
the
firm's
financial
report.
The
proposal
was
intended
to
reduce
the
reporting
burden
and
the
expense
of
obtaining
a
letter
from
an
outside
auditor
for
any
user
of
the
financial
test
whose
CFO
submitted
information
that
could
be
verified
from
the
user's
audited
financial
statements.
We
received
comments
from
states
supporting
and
objecting
to
this
change.
The
objection
involved
the
difficulty
for
the
regulatory
agency
in
reviewing
financial
statements
and
determining
whether
data
in
the
chief
financial
officer's
letter
were
taken
from
the
firm's
financial
report.
EPA
agrees
that
this
may
present
some
difficulties
and
is
modifying
In
the
language
of
the
CFO's
letter
to
require
the
CFO
to
note
whether
the
information
in
the
letter
is
taken
directly
from
69
the
audited
financial
statement.
If
not,
the
regulation
requires
an
outside
auditor's
report
explaining
how
the
information
was
derived.
Because
we
continue
to
believe
that
the
proposed
approach,
as
modified,
would
reduce
athe
reporting
burden
without
significantly
impacting
the
usefulness
of
the
information
provided,
we
have
incorporated
it
in
the
final
rule.

The
proposed
regulation
did
not
prescribe
language
for
the
chief
financial
officer's
letter
as
we
currently
do
under
§
264
§
264.151(
f).
Commenters
advised
us
that
prescribing
the
language
of
the
Chief
Financial
Officer's
letter
would
facilitate
compliance
checks
by
the
state
permitting
agency.
Therefore
in
the
final
rule,
we
are
specifying
language
for
the
CFO
letter.
This
language
appears
in
§
267
§
267.151(
a).

Because
this
rulemaking
does
not
change
the
financial
test
in
§
§
264
§
§
264
and
265,

owners
or
operators
who
have
both
standardized
permit
facilities
and
facilities
using
the
financial
tests
in
§
§
264
§
§
264
and
265
may
have
questions
about
which
chief
financial
officer's
letter
to
use.

For
facilities
with
the
standardized
permit,
the
chief
financial
officer
should
use
the
letter
in
§
267
§
267.151.
This
letter
will
require
the
enumeration
of
costs
assured
through
financial
tests
in
§
§
264
§
§
264
and
265.
For
interim
status
or
individually
permitted
facilities,
the
chief
financial
officer
will
continue
to
use
the
letters
in
§
264
§
264.151.

Situations
may
arise
where
an
owner
or
operator
has
two
types
of
units
at
a
facility,
one
type
subject
to
the
financial
assurance
requirements
of
Part
267,
and
the
second
subject
to
the
financial
assurance
requirements
of
Part
264
or
Part
265,
but
cannot
meet
the
applicable
financial
test
for
both
types.
For
example,
the
owner
or
operator
of
a
facility
has
units
subject
to
an
individual
permit
and
provides
financial
assurance
via
the
financial
test
in
§
264
§
264.143(
f).
The
owner
or
operator
wants
to
add
new
units
subject
to
a
standardized
permit,
but
does
not
qualify
via
the
financial
test
in
§
267
§
267.143(
f)
for
those
new
units.
Such
a
person
would
have
to
use
a
third­
party
financial
assurance
mechanism
under
§
267
§
267.143,
to
qualify
for
a
standardized
permit
for
the
new
units.

Similarly,
an
owner
or
operator
may
have
two
or
more
facilities,
with
one
set
of
facilities
subject
to
a
standardized
permit
with
Part
267
financial
assurance,
and
another
set
subject
to
70
individual
permits
or
operating
in
interim
status
with
financial
assurance
via
Part
264
or
Part
265.

The
financial
assurance
requirement
for
the
facilities
are
determined
by
their
respective
regulations.

This
is
consistent
with
the
situation
under
Parts
264
and
265.
For
example,
an
owner
or
operator
may
use
a
performance
surety
bond
at
the
facility
permitted
under
an
individual
permit
that
requires
financial
assurance
consistent
with
Part
264,
but
may
use
a
mechanism
other
than
a
bond
consistent
with
part
265
at
a
facility
operating
under
interim
status
Use
of
Multiple
Mechanisms
Proposed
§
267
§
267.143(
h)
would
allow
you
to
utilize
a
combination
of
mechanisms
at
your
facility.
We
received
comments
both
supporting
and
objecting
to
this
provision.
The
objection
was
that
if
an
owner
or
operator
could
only
cover
part
of
the
closure
costs
with
the
financial
test,
they
should
not
be
allowed
to
use
the
financial
test
for
any
of
the
costs,
and
instead
should
be
required
to
use
a
third­
partythird­
party
mechanism.

Because
the
financial
test
in
the
standardized
permit
rule
is
a
better
predictor
of
bankruptcy
than
the
test
in
Parts
264
and
265,
the
risk
of
a
facility
qualifying
for
the
test
and
then
entering
bankruptcy
is
lower
than
with
the
Parts
264/
265
tests.
The
test
in
the
proposal
and
the
final
rule
requires
that
the
firm
have
at
least
$
10
million
more
in
tangible
net
worth
than
the
amount
assured
through
a
financial
test.
Disallowing
the
use
of
the
financial
test
in
combination
with
a
thirdpartythird
party
mechanism
could
establish
the
situation
where
owners
or
operators
each
with
two
facilities
and
each
with
identical
financial
characteristics
and
total
closure
costs
could
have
different
amounts
that
could
be
covered
by
the
financial
test,
based
upon
how
the
costs
were
distributed
between
their
respective
operations.
For
example,
two
companies
could
both
have
$
12
million
in
tangible
net
worth
and
meet
the
other
requirements
of
the
financial
test
with
identical
financial
statements.
The
first
company
has
two
facilities,
one
with
$
1.6
million
in
closure
costs
and
the
other
with
$
1.4
million
in
closure
costs.
The
second
company
has
one
facility
with
$
2
million
in
closure
costs,
and
another
facility
with
$
1
million
in
closure
costs.
If
EPA
were
to
disallow
the
use
of
the
financial
test
in
combination
with
other
mechanisms,
the
first
company
could
use
the
test
for
only
$
1.6
million
of
the
closure
costs,
but
the
second
can
could
use
it
for
$
2
million.
71
An
all
or
nothing
approach
also
could
increase
the
incentive
to
underestimate
closure
costs,
particularly
for
a
facility
with
a
closure
cost
estimate
only
slightly
over
the
amount
that
could
be
covered
by
the
test.
The
approach
in
the
proposed
and
final
rules
is
consistent
with
the
regulations
already
adopted
by
EPA
governing
financial
requirements
for
municipal
solid
waste
landfills,
and
with
an
earlier
proposal
to
revise
the
RCRA
Subtitle
C
financial
test,
which
is
still
under
consideration
(
56
FR
30201,
July
1,
1991),
and
with
regulations
governing
third­

partythirdparty
liability
coverage.
EPA
determined
that
it
should
incorporate
this
flexibility
into
the
final
rule,
but,
as
previously
noted,
under
RCRA
a
state
may
adopt
more
stringent
regulations.

Under
proposed
§
267
§
267.143(
i),
if
you
have
multiple
facilities
with
a
standardized
permit,
you
would
be
able
to
use
a
single
mechanism
for
more
than
one
of
your
facilities.
This
provides
the
same
flexibility
that
owners
or
operators
of
facilities
with
individual
permits
or
interim
status
facilities
have
under
existing
§
§
264
§
§
264.143
and
265.143.
This
flexibility
is
also
included
in
the
final
rule.

5.
Post
closure
financial
responsibility.
Because
the
proposed
standardized
permit
rule
would
only
be
available
to
facilities
that
can
clean
close,
the
proposed
standardized
permit
regulation
did
not
anticipate
a
need
for
post­
closure
cost
estimates,
or
financial
assurance
for
postclosure
care.
Similarly
there
is
no
need
for
mechanisms
for
combining
financial
assurance
for
closure
and
post­
closure
care.
Therefore,
the
final
regulations
in
part
267
do
not
have
provisions
reflecting
the
existing
requirements
of
§
264
§
264.144­
146.
As
noted
in
§
267
§
267.111(
c),

however,
if
a
unit
at
a
standardized
permit
facility
cannot
be
clean
closed,
then
the
owner/
operator
must
apply
for
a
permit
as
a
landfill
in
accordance
with
40
CFR
part
270.
The
post
closure
financial
responsibility
regulations
in
§
§
264
§
§
264.144
and
145
would
then
apply.

6.
Liability
Requirements.
We
proposed
to
require
financial
assurance
for
third
party
liability
for
sudden
accidental
occurrences.
We
proposed
that
you
have
and
maintain
liability
coverage
of
at
least
$
1
million
per
occurrence,
with
an
annual
aggregate
of
at
least
$
2
million
exclusive
of
legal
costs
(
§
267
§
267.147(
a)).
These
proposed
requirements
are
the
same
as
for
facilities
with
individual
permits,
and
apply
to
the
facility
or
a
group
of
facilities.
Thus,
if
the
owner
or
operator
of
facilities
with
individual
permits
had
the
required
liability
coverage
for
those
72
facilities,
then
covering
these
facilities
under
the
standardized
permit
would
not
increase
the
dollar
amount
of
the
liability
coverage.

The
proposed
mechanisms
available
for
demonstrating
financial
assurance
for
third
party
liability
were
the
same
under
the
standardized
permit
rule
as
for
units
covered
by
individual
permits.
In
the
proposed
rule,
we
arranged
the
mechanisms
in
the
same
order
as
they
appear
for
closure,
even
though
this
is
different
from
the
order
currently
in
§
264
§
264.147.
We
requested
comments
on
whether
this
makes
the
regulation
easier
to
follow,
or
if
we
should
organize
proposed
§
267
§
267.147
in
the
same
order
as
existing
§
264
§
264.147.
The
mechanisms
for
third
party
liability
would
be
a
trust
fund
(
§
267
§
267.147(
a)(
1)),
surety
bond
(
§
267
§
267.147(
a)(
2)),

letter
of
credit
(
§
267
§
267.147(
a)(
3)),
insurance
(
§
267
§
267.147(
a)(
4)),
financial
test
(
§
267
§
267.147(
a)(
5)),
or
guarantee
(
§
267
§
267.147(
a)(
6)).
We
would
also
allow
the
use
of
multiple
mechanisms
under
proposed
§
267
§
267.147(
a)(
7),
as
are
allowed
under
existing
§
264
§
264.147(
a)(
6).
In
the
case
of
reordering
the
mechanisms
in
§
267
§
267.147
as
they
are
in
§
267
§
267.143,
the
commenters
agreed
with
this
approach.
On
other
aspects
of
the
proposal,
there
were
no
adverse
comments
and
the
final
rule
has
been
finalized,
as
proposed,
with
respect
to
these
aspects.

In
the
proposal,
we
requested
comments
on
whether
pure
captive
insurance
should
be
treated
differently
for
third­
party
liability
coverage,
where
coverage
is
based
on
the
risk
an
event
will
occur,
as
compared
to
closure,
where
the
risk
is
based
on
an
event
that
will,
in
fact,
occur.
As
previously
noted,
this
rulemaking
is
not
promulgating
a
decision
on
captive
insurance.

We
proposed
that
the
standardized
permit
would
not
be
available
for
land
disposal
units
such
as
surface
impoundments,
landfills,
land
treatment
facilities,
or
disposal
miscellaneous
units.

Therefore,
requirements
for
land
disposal
units
under
existing
§
264
§
264.147(
b)
to
maintain
third
party
liability
for
non­
sudden
accidental
occurrences
would
not
be
necessary
for
standardized
permit
units.
The
proposed
regulation
and
the
final
regulation
reserves
§
267
§
267.147(
b).

Because
the
proposed
standardized
permit
was
intended
to
rely
upon
limited
interaction
between
the
permittee
and
the
permitting
agency,
we
believed
it
would
not
be
appropriate
to
73
include
the
provisions
of
existing
§
264
§
264.147(
c)
and
(
d).
These
provisions,
respectively,
allow
the
owner
or
operator
to
request
a
variance
from
the
amounts
required
in
§
264
§
264.147(
a),
or
allow
the
Regional
Administrator
to
require
a
different
amount.
There
is
no
corresponding
provision
in
the
proposed
§
264
§
264.147
and
the
corresponding
paragraphs
were
reserved.
As
EPA
received
no
adverse
comment
on
excluding
these
provisions,
the
rule
is
finalized,
as
proposed.

Along
with
the
proposed
changes
to
the
financial
test
for
closure,
we
had
previously
proposed
changes
to
the
financial
test
for
liability
coverage
(
56
FR
30201,
July
1,
1991
and
59
FR
51523,
October
12,
1994).
The
proposed
changes
to
the
financial
test
for
liability
coverage
were
included
in
the
proposal
for
this
regulation.
EPA
received
no
adverse
comment
on
this
test.
As
previously
noted,
we
have
promulgated
the
proposed
financial
test
for
closure
and
have
also
decided
to
promulgate
the
proposed
financial
test
for
liability
here
as
well.
If
a
company
is
using
the
financial
test
for
closure
of
its
standardized
permit
units,
and
wishes
to
also
use
the
financial
test
for
third
party
liability
coverage
of
its
standardized
permit
units,
it
should
use
the
chief
financial
officer's
letter
in
§
267
§
267.151(
a).
In
§
267
§
267.151(
b)
we
have
provided
language
for
the
chief
financial
officer's
letter
for
companies
that
use
the
financial
test
only
for
third
party
liability
for
facilities
with
standardized
permits.

BFinally,
because
the
financial
tests
for
facilities
regulated
under
interim
status
and
individual
permits
differ
from
the
financial
tests
under
the
standardized
permit
rules,
a
question
may
arise
on
which
chief
financial
officer's
letter
to
use
to
demonstrate
compliance
with
third­
party
liability
requirements.
Companies
that
use
the
financial
test
only
for
third­
party
liability
(
and
not
for
closure),
and
who
also
have
facilities
using
the
financial
test
either
for
a
facility
with
an
individual
permit
or
operating
under
interim
status,
should
use
the
language
for
the
chief
financial
officer's
letter
in
40
CFR
264.151(
g).
A
company
that
qualifies
for
the
financial
test
under
the
individual
permit
regulations
will
also
qualify
under
the
standardized
permit
regulations
for
liability
coverage.
As
noted
previously,
firms
that
use
the
financial
test
to
provide
financial
assurance
for
closure
for
standardized
permit
units
and
interim
and
individual
permit
units,
should
use
the
chief
financial
officer's
letter
in
§
267
§
267.151
for
the
standardized
permit
units,
and
the
chief
financial
officer's
letter
in
§
264
§
264.151
for
interim
status
and
individual
permit
units.
74
7.
Other
provisions
of
the
financial
requirements.
We
proposed
that
the
requirements
in
existing
§
264
§
264.148
to
notify
the
permitting
authority
in
the
event
of
a
bankruptcy
would
apply
also
to
the
standardized
permit
(
see
proposed
§
267
§
267.148).
We
also
referenced
this
requirement
in
proposed
§
267
§
267.140(
c).
There
were
no
adverse
comments
on
this
portion
on
the
proposal,
and
we
have
included
this
provision
in
the
final
rule.

Under
existing
§
264
§
264.149,
if
your
facility
is
in
a
state
where
EPA
administers
the
program,
but
the
state
imposes
its
own
financial
assurance
mechanism,
you
may
continue
to
use
the
state
approved
mechanism.
There
were
only
three
states
where
we
administered
the
program,

and
we
did
not
expect
that
these
states
have
their
own
mechanisms.
Therefore,
we
did
not
include
an
analogous
provision
in
the
proposal.
We
did
not
receive
adverse
comment
on
this
omission.

For
the
reasons
discussed
in
the
preamble
to
the
proposal,
we
did
not
include
the
analogous
provision
in
the
final
rule,
and
have
reserved
§
267
§
267.149
in
this
final
rulemaking.

In
the
financial
responsibility
regulations
covering
facilities
with
permits
under
part
264,

States
can
assume
responsibility
for
an
owner
or
operator's
compliance
with
existing
§
§
264
§
§
264.143
and
147
(
§
264
§
264.150).
We
included
a
similar
provision
(
§
267
§
267.150)
in
the
proposal,
but
requested
comment
on
whether
such
a
provision
is
appropriate
for
standardized
permits.
We
asked
if
states
did
in
fact
undertake
such
responsibilities,
and
asked
if
they
would
do
so
for
holders
of
a
standardized
permit.
Only
one
state
commented
on
this
provision
and
noted
that
it
was
not
used.
While
we
do
not
believe
that
this
provision
would
have
much
use,
we
also
see
no
harm
in
retaining
this
provision
to
provide
flexibility
should
the
circumstance
warrant
it.

Therefore,
we
have
included
this
provision
in
the
final
rule.

The
proposed
language
of
§
§
267
§
§
267.143
and
267.147
references
existing
§
264
§
264.151,
and
would
require
the
use
of
the
language
in
existing
§
264
§
264.151.
Section
264.151
contains
the
exact
wording
of
the
instruments
used
to
demonstrate
financial
assurance.
In
light
of
the
substantial
amount
of
text
in
existing
§
264
§
264.151,
we
decided
not
to
propose
the
creation
of
a
§
267
§
267.151.
This
was
similar
to
our
decision
not
to
include
the
instrument
language
in
the
current
interim
status
standards
in
part
265.
Because
we
received
comments
that
75
we
should
provide
standard
language
for
the
chief
financial
officer's
letter
as
part
of
the
financial
test,
we
have
provided
that
language
in
§
267
§
267.151.
If
the
Agency
promulgates
changes
to
the
financial
test
in
§
§
264
§
§
264
and
265
for
holders
of
individual
permits
that
mirror
the
requirements
in
§
267
§
267,
EPA
may
eliminate
the
language
in
§
267
§
267.151
and
simply
require
the
language
in
a
revised
§
264
§
264.151
in
a
future
rulemaking.

J.
­
Subpart
I
­
Use
and
Management
of
Containers
The
requirements
of
part
267
subpart
I
are
finalized,
as
proposed,
and
apply
to
the
storage
and/
or
non­
thermal
treatment
of
hazardous
wastes
in
containers.
No
significant
comments
were
received
on
this
subpart,
which
includes:

1.
What
Standards
Apply
to
the
Containers?
(
§
267
§
267.171)

2.
What
are
the
Inspection
Requirements?
(
§
267
§
267.172)

3.
What
Standards
Apply
to
the
Container
Storage
Area?
(
§
267
§
267.173)

4.
What
Special
Requirements
Do
I
Need
to
Meet
for
Ignitible
or
Reactive
Waste?
(
§
267
§
267.174)

5.
What
Special
Requirements
Do
I
Need
to
Meet
for
Incompatible
Wastes?
(
§
267
§
267.175)

6.
What
Must
I
Do
When
I
wWant
to
Stop
Using
the
Containers?
(
§
267
§
267.176
)

7.
What
Air
Emission
Standards
Apply?
(
§
267
§
267.177
)

One
comment
regarding
residues
in
empty
containers,
addressed
the
applicability
language
in
§
267
§
267.170
which
refers
to
§
267
§
267.1(
b),
which
in
turn,
refers
to
part
261
subpart
A.
The
commenter
suggested
that
instead
of
indirectly
referencing
§
261
§
261.7,
we
add
"
part
267"
to
the
list
of
cites
in
§
261
§
261.7
as
a
more
direct
method
of
addressing
residues
remaining
in
empty
containers.
We
agree
with
the
commenter,
and
will
finalize
the
language
in
§
267
§
267.170
as
proposed,
and
will
add
the
requested
language
to
§
261
§
261.7.

K.
Subpart
J
­
Tank
Systems
1.
Does
This
Subpart
Apply
to
Me?
76
The
applicability
language
of
§
267
§
267.190
is
finalized,
as
proposed.
The
final
rule
applies
to
above­
ground
and
on­
ground
tanks,
and
excludes
underground
and
in­
ground
tanks.

Also
excluded,
are
tanks
with
underground
ancillary
equipment
(
e.
g.,
piping).

We
received
several
comments
on
the
applicability
of
the
standardized
permit
rule
to
tanks
and
tank
systems.
Most
commenters
believed
that
underground
and
in­
ground
tanks
should
be
excluded
from
eligibility,
noting
that
underground
and
in­
ground
tanks
are
more
difficult
to
inspect
and
are
difficult
to
perform
integrity
verification,
noting
that
such
tanks
pose
a
risk
of
corrosion,

damage,
and
leakage.
Some
commenters
also
argued
that
underground
piping
should
not
be
allowed
under
a
standardized
permit,
for
the
same
reasons
underground
and
in­
ground
tanks
should
be
excluded.
However,
one
commenter
suggested
that
the
final
rule
should
allow
underground
tanks
and/
or
piping
to
be
eligible
for
the
standardized
permit,
and
that
States
should
be
given
the
discretion
to
impose
individual
permits
when
deemed
necessary.
The
commenter
also
noted
that
certain
wastes
are
more
safely
stored
underground.
Another
commenter
also
supported
allowing
underground
and
in­
ground
tanks
to
be
eligible
for
the
standardized
permit,
suggesting
the
Agency
incorporate
similar
provisions
to
§
264
§
264.192.

Based
on
the
comments
received
and
the
Agency's
experience
in
implementing
the
hazardous
waste
rules,
we
agree
with
those
commenters
that
argued
that
underground
and
inground
tanks,
and
underground
piping
are
inherently
harder
to
inspect,
and
may
be
more
susceptible
to
corrosion
and
leakage.
The
standardized
permit
is
designed
to
be
a
streamlined
approach
to
permitting,
and
therefore
we
believe
that
more
complex
tank
systems
might
be
better
served
under
an
individual
permit.
Furthermore,
units
under
the
standardized
permit
would
be
required
to
be
clean
closed,
and
a
properly
designed,
constructed,
and
operated
tank
system
with
secondary
containment
should
always
be
able
to
clean
close
with
minimal
unforseen
contingencies.

Therefore,
the
final
rule
does
not
allow
underground
and
in­
ground
tanks,
and
tanks
with
underground
piping
to
be
eligible
for
a
standardized
permit.

2.
What
are
the
Required
Design
and
Construction
Standards
for
new
Tank
Systems
or
Components?
77
The
requirements
of
§
267
§
267.191
are
finalized,
as
proposed.
We
did
receive
a
comment
about
the
Agency
not
proposing
design
and
construction
standards
for
facilities
with
underground
tank
systems.
The
commenter
believed
that
there
was
no
reason
to
exclude
underground
piping
associated
with
above­
ground
tanks
provided
the
integrity
of
the
underground
piping
is
verified
and
documented
at
regular
intervals.
As
we
stated
previously,
underground
tank
systems,
and
above
ground
/
on­
ground
tanks
with
underground
piping
are
not
eligible
for
a
standardized
permit.

The
streamlined
nature
of
the
standardized
permit
process
does
not
lend
itself
to
requiring
periodic
verification
and
documentation
of
underground
piping
integrity.

3.
What
Handling
and
Inspection
Procedures
Must
I
Follow
During
Installation
of
New
Tank
Systems?

The
requirements
of
§
267
§
267.192
are
finalized
as
proposed.
No
significant
comments
were
received
on
this
section.

4.
What
Testing
Must
I
do
for
New
Tank
Systems?

The
requirements
of
§
267
§
267.193
are
finalized
as
proposed,
except
that
the
title
of
the
section
is
changed
to
read
"
What
Testing
Must
I
do
for
New
Tank
Systems?"
One
commenter
requested
this
change
to
improve
the
clarity
of
the
section,
and
we
agree.

5.
What
Installation
Requirements
Must
I
Follow?

The
tank
installation
requirements
of
§
267
§
267.194
are
finalized
as
proposed.
No
significant
comments
were
received
on
this
section.

6.
What
are
the
Secondary
Containment
Requirements?

We
are
finalizing
§
267
§
267.195
with
some
changes.
In
our
proposal,
we
proposed
to
allowed
tanks
that
could
not
detect
a
leak
or
spill
within
24
hours
to
be
eligible
for
the
standardized
permit.
However,
instead
of
providing
a
demonstration
to
the
Director
(
as
is
required
in
40
CFR
264.193(
c)(
3)),
we
discussed
in
the
proposed
preamble
that
a
facility
would
self­
certify
and
document
that
a
leak
or
spill
cannot
be
detected
and/
or
removed
within
24
hours,
and
keep
the
certification
on­
site.
78
One
commenter
noted
that
the
proposed
rule
included
this
provision,
but
was
not
referenced
in
subsequent
sections
about
information
that
must
be
kept
at
the
facility,
or
certifications
that
must
be
submitted.
The
standardized
permit
rule
is
intended
for
units
(
tanks,

containers,
storagecontainment
buildings)
that
are
easily
designed
and
operated,
and
with
minimal
contingencies.
More
complex
situations
involving
tank
systems
where
leaks
are
difficult
to
detect,

are
better
served
under
an
individual
permit.
Furthermore,
such
demonstrations
only
serve
to
lengthen
the
overall
permitting
process,
detracting
from
the
intent
of
the
rule
to
streamline
the
process
as
much
as
possible.

Therefore,
in
the
final
rule,
the
provisions
of
§
267
§
267.195
will
require
that
a
facility's
secondary
containment
system
to
be
able
to
detect
and/
or
remove
a
leak
or
spill
within
24
hours.

The
rule
will
not
provide
a
self­
certification
provision
for
systems
that
cannot
detect
and/
or
remove
leaks
or
spills
within
24
hours.
These
tank
systems
will
need
an
individual
permit.

7.
What
are
the
rRequired
dDevices
for
sSecondary
cContainment
and
wWhat
are
tTheir
dDesign,
oOperating,
and
iInstallation
rRequirements?

The
final
requirements
of
§
267
§
267.196
are
modified
from
what
was
proposed.

Specifically,
although
no
significant
comments
were
received
on
this
section,
we
are
removing
the
reference
to
"
vaults"
from
§
267
§
267.196.
Vaults
are
typically
associated
with
underground
tanks,
and
underground
tanks
are
not
eligible
for
a
standardized
permit.

8.
What
are
the
requirements
for
ancillary
equipment?

The
requirements
of
§
267
§
267.197
are
finalized
as
proposed
with
one
minor
clarification
to
the
proposed
language.
That
change
adds
the
words
"
Above
ground"
at
the
start
of
§
267
§
267.197(
a),
making
the
language
consistent
with
the
language
in
§
264
§
264.193(
f)(
1).
No
significant
comments
were
received
on
this
section.

9.
The
following
sections
of
this
subpart
are
finalized
as
proposed,
because
no
significant
comments
were
received.

a.
What
are
the
general
operating
requirements
for
my
tank
system?
(
§
267
§
267.198)
79
b.
What
inspection
requirements
must
I
meet?
(
§
267
§
267.199)

c.
What
must
I
do
in
case
of
a
leak
or
spill?
(
§
267
§
267.200)

d.
What
must
I
do
when
I
stop
operating
the
tank
system?
(
§
267
§
267.201)

e.
What
special
requirements
must
I
meet
for
ignitable
or
reactive
wastes?(
§
267
§
267.202)

f.
What
special
requirements
must
I
meet
for
incompatible
wastes?
(
§
267
§
267.203)

g.
What
air
emission
standards
apply?
(
§
267
§
267.204)

L.
Subpart
DD
­
Containment
Buildings
No
comments
were
received
on
Subpart
DD
of
Part
267,
therefore
§
§
267
§
§
267.1100
through
267.1108
are
finalized
as
proposed.

V.
Section
by
Section
Analysis
and
Response
to
Comments
for
Part
270
­
EPA
Administered
Permit
Programs:
The
Hazardous
Waste
Permit
Program
This
part
of
the
RCRA
hazardous
waste
regulations
contains
specific
requirements
for
permit
applications,
permit
conditions,
changes
to
permits,
expirations
and
continuation
of
permits,

interim
status,
and
special
forms
of
permits.

A.
Specific
changes
to
Part
270
1.
Purpose
and
Scope.
The
proposed
changes
to
§
270Section
§
270.1
arehas
been
finalized
with
a
minor
changes
to
the
definition.
We
arewhat
facilities
are
eligible
for
a
standardized
permit,
as
discussed
previously.
We
are
also
using
the
following
language
"
Treatment,
storage,
and
disposal
facilities
(
TSDs)
that
are
otherwise
subject
to
permitting
under
RCRA
and
that
generate
hazardous
waste
.
.
."
The
change
was
intended
to
further
clarify
the
types
of
facilities
that
may
be
eligible
for
the
standardized
permit.
No
significant
comments
were
received
on
this
section.
80
2.
Definitions
The
proposed
definitions
at
§
270
§
270.2
for
permit
and
standardized
permit
are
finalized
as
proposed.
No
significant
comments
were
received
on
this
section.

3.
Permit
Applications
The
requirements
of
§
270
§
270.10(
a)
are
finalized
as
proposed.
No
significant
comments
were
received
on
this
section.

4.
Permit
Re­
Application
The
requirements
of
§
270
§
270.10(
h)
are
finalized
as
proposed.
No
significant
comments
were
received
on
this
section.

5.
Transfer
of
Permits
The
requirements
of
§
270
§
270.40
are
changed
to
indicate
how
the
standardized
permit
can
be
modified
to
reflect
a
change
in
ownership.
The
final
rule
adds
to
§
270
§
270.40
a
reference
to
§
124
§
124.213
(
routine
changes
with
prior
approval).
Comments
on
this
issue
are
discussed
in
the
preamble
at
Section
III..
D
­
Maintaining
a
Standardized
Permit.
With
this
change,
transfer
of
permits
would
be
a
routine
change
with
prior
approval
of
the
Director.

6.
Modification
or
Revocation
and
Reissuance
of
Permits.

The
requirements
of
§
270
§
270.41
are
finalized
as
proposed.
Comments
on
this
section
were
discussed
previously
in
the
preamble
at
Section
III.
A.
2.

7.
Continuation
of
Expiring
Permits.

One
commenter
noted
that
in
cases
where
an
expiring
standardized
permit
holder
is
informed
that
he/
she
is
no
longer
eligible
to
continue
operating
under
a
standardized
permit,
the
expiring
permit
holder
only
has
60
days
to
submit
a
part
B
permit
application.
Sixty
days,
the
commenter
noted,
would
not
be
sufficient
time
to
submit
the
needed
materials,
and
suggests
120
days
to
submit
the
information,
just
as
interim
status
facilities
have
120
days
to
submit
their
Part
B
information.
We
disagree
with
the
commenter.
As
noted
previously,
while
the
permit
application
81
submitted
to
EPA
does
not
need
to
contain
all
the
information
contained
in
the
Part
B
permit
application,
that
information
must
still
be
kept
on­
site
at
the
facility
and
available
for
inspection.

Therefore,
we
believe
that
60
days
should
be
adequate
time
to
package
and
submit
the
Part
B
application.

8.
Standardized
Permits
The
language
at
§
270
§
270.67
is
finalized
as
proposed
with
a
minor
modification.
The
applicability
of
standardized
permits
has
already
been
discussed
previously
in
this
preamble.

The
modification
to
this
section
is
to
the
reference
to
subpart
I
of
part
270.
The
part
270
requirements
formerly
in
proposed
Subpart
I
are
finalized
as
part
270
subpart
J.
Also,
the
term
"
TSD"
is
added,
for
reasons
described
previously
for
§
270
§
270.1(
b).

B.
RCRA
Standardized
Permits
for
Storage
and
Treatment
Units
This
part
of
the
preamble
discusses
the
new
part
270
Subpart
J
requirements
for
RCRA
Standardized
Permits
for
Storage
and
Treatment
Units,
originally
proposed
as
part
270
Subpart
I.

1.
General
Information
about
Standardized
Permits.

a.
What
is
a
RCRA
Standardized
Permit?

The
language
in
§
270
§
270.250
is
finalized
as
proposed.
No
significant
comments
were
received
on
this
section
b.
Who
is
eEligible
for
a
Standardized
Permit?

The
language
in
§
270
§
270.255
is
finalized
as
proposedwith
changes
to
what
facilities
are
eligible
for
the
standardized
permit.
Eligibility
was
discussed
earlier
in
this
preamble
in
Section
II.
D.

c.
What
Requirements
of
Part
270
aApply
to
a
sStandardized
pPermit?

The
language
of
§
270
§
270.260
is
finalized
as
proposed.
No
significant
comments
were
received
on
this
section.
82
2.
Applying
for
a
Standardized
Permit
a.
How
Do
I
aApply
for
a
Standardized
Permit?

Applying
for
a
standardized
permit
is
discussed
earlier
in
this
preamble
(
see
Section
III.
A.

for
further
discussion).
The
language
of
§
270
§
270.270
is
finalized
as
proposed.
No
significant
comments
were
received
on
this
section.

b.
What
iInformation
mMust
I
sSubmit
to
the
pPermitting
aAgency
to
sSupport
m
My
sStandardized
pPermit?

Section
§
270
§
270.275
lists
the
information
that
must
be
submitted
to
the
permitting
agency
in
support
of
the
standardized
permit.
The
final
rule
adds
one
additional
items
to
this
section,
that
being.
These
items
are
the
closure
plan,
documentation
demonstrating
financial
assurance
for
closure,
and,
for
eligible
facilities
receiving
wastes
from
off­
site,
a
waste
analysis
plan,
and
documentation
that
the
off­
site
and
the
receiving
facility
are
under
the
same
ownership.

We
received
comments
on
the
need
for
submitting
a
closure
plan
with
the
Notice
of
Intent,
rather
than
180
days
prior
to
closure.
(
See
preamble
section
IV.
H.
3.)
The
closure
cost
estimates
and
financial
assurance
for
closure
requirements
are
further
discussed
in
the
preamble
in
section
IV.
I.

One
commenter
suggested
adding
to
§
270
§
270.275
language
providing
for
an
optional
submission
of
information
detailing
suggested
specifications
for
supplemental
terms
and
conditions,

if
any,
that
the
owner
or
operator
of
the
facility,
would
like
the
Director
to
consider
including
in
their
supplemental
portion
of
the
standardized
permit.
A
voluntary
submission
of
information
was
also
discussed
in
the
proposed
preamble
of
the
proposed
rule
(
see
66
FR
52202,
section
IV.
A.
1.).

We
chose
not
to
include
applicable
language
in
the
regulatory
section,
because
there
is
nothing
that
would
prevent
the
owner/
operator
of
the
facility
from
suggesting
such
supplemental
terms
and
conditions
in
their
submission.

c.
What
are
the
cCertification
rRequirements?

The
signed
certification,
pursuant
to
§
270
§
270.280,
documents
the
facility
owner/
operator's
compliance
with
the
requirements
of
part
267.
The
signed
certification
is
based
upon
a
compliance
audit
performed
either
by
or
for
the
facility
owner/
operator.
83
Proposed
§
270
§
270.280(
a)(
ii)
willis
being
changed
to
reflect
our
intent
that
a
facility
(
in
the
case
of
an
existing
facility)
be
in
compliance
at
the
time
they
submit
their
Notice
of
Intent,
and
that
if
a
facility
is
not
in
compliance
with
part
267,
based
upon
their
audit
and
certifications,
it
should
not
submit
its
Notice
of
Intent
until
it
comes
into
compliance.
A,
and,
in
the
case
of
new
facilities,
that
they
be
designed
and
constructed
to
comply.
The
new
language
will
read:
"
Has
been
designed,
and
will
be
constructed
and
operated
to
comply
with
all
applicable
requirements
of
40
CFR
part
267,
and
will
continue
to
comply
until
expiration
of
the
permit."

The
facility's
audit
may
either
be
a
self
or
third
party
audit.
(
See
section
III.
A.
1.
b.
of
this
preamble
for
a
discussion
on
compliance
audit
comments.)

3.
Conducting
Compliance
Audits
The
following
section
provides
information
to
assist
owners/
operators
who
are
seeking
a
standardized
permit
to
conduct
compliance
audits,
as
required
by
part
270.275(
f).

Compliance
audits
may
be
conducted
by
either
the
applicant
or
a
third
party.

a.
Section
270.275(
f)
requires
the
standardized
permit
applicant
to
submit
to
the
permitting
authority
an
audit
of
the
facility's
compliance
status
with
40
CFR
part
267.
When
conducting
this
audit,
the
auditor
may
consult
the
Protocol
for
Conducting
Environmental
Compliance
Audits
of
Treatment,
Storage
and
Disposal
Facilities
under
the
Resource
Conservation
and
Recovery
Act,
EPA­
305­
B­
98­
006
(
December
1998).
You
will
find
that
protocol
at
the
following
web
address:

http://
www.
epa.
gov/
compliance/
incentives/
auditing/
protocol.
html.
In
addition,
the
auditor
may
consult
Procedures
for
Conducting
Compliance
Audit
Required
by
40
CFR
270.275(
f).
This
document
is
located
in
the
Docket,
as
well
as
on
the
web
site
described
in
paragraph
(
b)
below.

b.
The
audit
must
address
all
the
requirements
of
part
267
that
apply
to
the
facility.

The
auditor
may
develop
a
site
specific
audit
protocol
or
inspection
checklist
to
be
used
while
conducting
the
audit.
Sample
audit
checklists
can
be
found
at
the
following
web
address:

http://
www.
epa.
gov/
epaoswer/
hazwaste/
permit/
epmt/
toolperm.
htm.
84
c.
The
person
conducting
the
audit
should
of
course
have
appropriate
training
for
conducting
the
audit.
The
auditor
should
have
a
working
process
knowledge
of
the
facility
or
of
another
facility
with
similar
operations,
and
should
have
a
working
knowledge
of
the
proposed
40
CFR
part
267
requirements
that
apply
to
the
facility.

d.
The
results
of
the
audit
(
i.
e.,
an
audit
report)
must
be
prepared
documenting
compliance
with
the
applicable
requirements
of
part
267.
The
audit
report
must
be
signed
and
certified
by
the
auditor
as
accurate.
The
final
rule
adds
language
to
§
270
§
270.280(
c)
clarifying
that
the
audit
(
audit
report)
must
be
signed
and
certified
by
the
auditor
as
accurate
prior
to
submitting
to
the
Director
with
the
Notice
of
Intent.

4.
What
Information
Must
be
Kept
at
the
Facility
The
informational
requirements
of
§
270
§
270.290
through
§
270
§
270.320
are
finalized
as
proposed,
except
for
the
portions
of
§
270
§
270.290
noted
below.

a.
Regarding
proposed
§
270
§
270.290(
d),
because
we
are
not
allowing
a
waiver
for
security
provisions,
the
last
phrase
of
proposed
§
270
§
270.290(
d)
regarding
the
waiver
is
omitted
in
the
final
rule.

b.
Because
we
are
requiring
a
closure
plan
to
be
submitted
with
the
Notice
of
Intent,
we
are
omitting
proposed
§
270
§
270.290(
m).

One
commenter
noted
that,
while
we
included
requirements
for
information
that
must
be
kept
on
site
for
tanks
and
containers,
we
did
not
include
a
similar
requirement
for
containment
buildings.
The
requirements
for
what
information
must
be
kept
on
site
for
tanks
and
containers
were
based
on
the
previously
existing
part
270
Part
B
requirements
for
these
units.
When
the
requirements
for
containment
buildings
were
finalized
(
57
FR
37265,
August
18,
1992),
a
section
detailing
the
Part
B
informational
requirements
for
those
units
was
not
provided.
Therefore,
in
the
standardized
permit
rule,
a
section
in
part
270
on
containment
buildings
was
not
provided.
In
deciding
what
information
should
be
kept
on
site,
the
facility
should
maintain
information
related
to
the
part
267
containment
building
requirements.
85
VI.
State
Authorization
A.
Applicability
of
the
Rule
in
Authorized
States
Under
section
3006
of
RCRA,
EPA
may
authorize
qualified
states
to
administer
their
own
hazardous
waste
programs
in
lieu
of
the
federal
program
within
the
state.
Following
authorization,

EPA
retains
enforcement
authority
under
sections
3008,
3013,
and
7003
of
RCRA,
although
authorized
states
have
primary
enforcement
responsibility.
The
standards
and
requirements
for
state
authorization
are
found
at
40
CFR
Part
271.

Prior
to
enactment
of
the
Hazardous
and
Solid
Waste
Amendments
of
1984
(
HSWA),
a
State
with
final
RCRA
authorization
administered
its
hazardous
waste
program
entirely
in
lieu
of
EPA
administering
the
federal
program
in
that
state.
The
federal
requirements
no
longer
applied
in
the
authorized
state,
and
EPA
could
not
issue
permits
for
any
facilities
in
that
state,
since
only
the
state
was
authorized
to
issue
RCRA
permits.
When
new,
more
stringent
federal
requirements
were
promulgated,
the
state
was
obligated
to
enact
equivalent
authorities
within
specified
time
frames.
However,
the
new
federal
requirements
did
not
take
effect
in
an
authorized
state
until
the
state
adopted
the
federal
requirements
as
state
law.

In
contrast,
under
RCRA
section
3006(
g)
(
42
U.
S.
C.
6926(
g)),
which
was
added
by
HSWA,
new
requirements
and
prohibitions
imposed
under
HSWA
authority
take
effect
in
authorized
states
at
the
same
time
that
they
take
effect
in
unauthorized
states.
EPA
is
directed
by
the
statute
to
implement
these
requirements
and
prohibitions
in
authorized
states,
including
the
issuance
of
permits,
until
the
state
is
granted
authorization
to
do
so.
While
states
must
still
adopt
HSWA
related
provisions
as
state
law
to
retain
final
authorization,
EPA
implements
the
HSWA
provisions
in
authorized
states
until
the
states
do
so.

Authorized
states
are
required
to
modify
their
programs
only
when
EPA
enacts
federal
requirements
that
are
more
stringent
or
broader
in
scope
than
existing
federal
requirements.

RCRA
section
3009
allows
the
states
to
impose
standards
more
stringent
than
those
in
the
federal
5EPA
encourages
States
to
take
this
approach
for
federal
requirements
where
rapid
implementation
is
important.
For
example,
EPA
encouraged
States
to
implement
State
Corrective
Action
Management
Unit
Regulations,
once
adopted
as
a
matter
of
State
law,
prior
to
authorization
(
see
58
FR
8677,
February
16,
1993).

86
program
(
see
also
40
CFR
271.1).
Therefore,
authorized
states
may,
but
are
not
required
to,

adopt
federal
regulations,
both
HSWA
and
non­
HSWA,
that
are
considered
less
stringent
than
previous
federal
regulations.

B.
Effect
of
State
Authorization
Today's
rule
finalizes
regulations
that
are
not
promulgated
under
the
authority
of
HSWA.

Thus,
the
standards
finalized
today
are
applicable
on
the
effective
date
only
in
those
States
that
do
not
have
final
authorization.
Moreover,
authorized
States
are
required
to
modify
their
program
only
when
EPA
promulgates
Federal
regulations
that
are
more
stringent
or
broader
in
scope
than
the
authorized
State
regulations.
For
those
changes
that
are
less
stringent
or
reduce
the
scope
of
the
Federal
program,
States
are
not
required
to
modify
their
program.
This
is
a
result
of
section
3009
of
RCRA,
which
allows
States
to
impose
more
stringent
regulations
than
the
Federal
program.
Today's
rule
however,
is
considered
to
be
neither
more
nor
less
stringent
than
the
current
standards.
Therefore,
authorized
States
are
not
required
to
modify
their
programs
to
adopt
regulations
consistent
with
and
equivalent
to
today's
final
standards.

Because
the
Agency
believes
that
the
changes
promulgated
today
will
make
the
permitting
program
more
efficient
and
save
time,
EPA
strongly
encourages
States
to
adopt
and
seek
authorization
for
this
rule
as
soon
as
possible.
EPA
also
encourages
States
to
begin
implementing
this
rule
as
soon
as
it
is
allowable
under
State
law,
while
the
RCRA
authorization
process
proceeds.
5
Note
that
the
requirements
in
today's
rule
are
not
less
stringent
than
the
previous
federal
standards.

As
in
the
case
of
individual
permit
procedures,
a
State
that
chooses
to
adopt
and
request
authorization
for
issuing
standardized
permits
must
adopt
permitting
procedures
equivalent,
but
not
necessarily
identical
to
those
promulgated
by
EPA.
The
authorization
regulations
in
40
CFR
87
271.14
list
several
provisions
of
the
permitting
regulations
which
EPA
determined
are
necessary
for
an
equivalent
permitting
program.
States
would
need
to
adopt
a
similar
scope
of
legal
authorities
for
issuing
standardized
permits
as
for
individual
permits.

VII.
Regulatory
Assessments
A.
Executive
Order
12866:
Regulatory
Planning
and
Review
Under
Executive
Order
12866,
[
58
FR
51735
(
October
4,
1993)]
we
must
determine
whether
a
regulatory
action
is
  
significant''"
significant"
and
therefore
subject
to
OMB
review
and
the
requirements
of
the
Executive
Order.
The
Order
defines
  
significant"
significant
regulatory
action''"
as
one
that
is
likely
to
result
in
a
rule
that
may:

(
1)
Have
an
annual
effect
on
the
economy
of
$
100
million
or
more
or
adversely
affect
in
a
material
way
the
economy,
a
sector
of
the
economy,
productivity,
competition,
jobs,
the
environment,
public
health
or
safety,
or
State,
local,
or
tribal
governments
or
communities;

(
2)
Create
a
serious
inconsistency
or
otherwise
interfere
with
an
action
taken
or
planned
by
another
agency;

(
3)
Materially
alter
the
budgetary
impact
of
entitlements,
grants,
user
fees,
or
loan
programs
or
the
rights
and
obligations
of
recipients
thereof;
or
(
4)
Raise
novel
legal
or
policy
issues
arising
out
of
legal
mandates,
the
President's
priorities,
or
the
principles
set
forth
in
the
Executive
Order.

Pursuant
to
the
terms
of
Executive
Order
12866,
OMB
has
determined
that
this
proposed
rule
is
a
  
significant"
significant
regulatory
action''"
because
it
raises
novel
legal
or
policy
issues.

As
such,
we
submitted
this
action
to
OMB
for
review
before
publishing
it
in
the
Federal
Register.

Changes
made
in
response
to
OMB
suggestions
or
recommendations
are
documented
in
the
public
record
in
support
of
this
final
rule.

1.
Assessment
of
Potential
Costs
and
Benefits
88
For
regulations
that
are
projected
to
have
significant
economic
impacts,
agencies
are
required
to
conduct
a
  
Regulatory"
Regulatory
Impact
Assessment''"
of
potential
costs
and
benefits
of
the
regulation.
Although
OMB
has
not
designated
this
proposed
rule
as
economically
significant,
we
have
completed
an
economic
analysis
of
the
proposed
ruleit
(
available
to
the
public
from
the
EPA
docket
at
http://
www.
epa.
gov/
dOCKETgov/
edocket),
the
results
of
which
we
summarize
below.

a..
Description
of
entities
to
which
this
rule
applies.
This
rule
potentially
applies
to
approximately
86670
to
1,230130
existing
private
sector
and
Federal
facilities
which
non­
thermally
treat
and/
or
store
RCRA
hazardous
waste
in
tanks,
containers,
and
containment
buildings.
T
eithe
rule
applies
only
to
on­
site
treatment
and
storage
of
hazardous
waster
"
on­
site"

(
i.
e.
at
the
waste
generator
site),
not
to
off­
siteor
at
"
off­
site"
facilities
such
as
commercial
hazardous
waste
treatment,
storage
and
recycling
facilitiesthat
receive
waste
from
off­
site,

provided
that
the
company/
institution
is
under
the
same
ownership.
Eligible
facilities
may
voluntarily
participate
in
the
RCRA
standardized
permit
program.
We
designed
the
final
rule
to
reduce
the
informationpaperwork
reporting
requirementsburden
for
eligible
facilities,
as
well
as
to
reduce
EPA
and
state
administrative
review
time
for
these
permit
activities.
Eligible
facilities
are
a
mix
of
small,
medium
and
large
facilities.

b.
Description
of
potential
impacts
of
this
rule.
The
RCRA
standardized
permit
rule
is
designed
to
streamline
the
regulatory
burden
to
EPA/
states,
as
well
as
to
private
sector
and
Federal
facilities
covered
by
the
rule,
by
reducing
the
amount
of
information
collected,
submitted
and
reviewed
for
RCRA
permit
actions
(
i.
e.,
new
RCRA
permit
applications,
RCRA
permit
modifications,
and
RCRA
permit
renewals).
Our
economic
analysis
presents
monetary
estimates
of
the
future
average
annual
impact
expected
for
five
potential
impact
categories:
(
1)
paperwork
burden
reduction,
(
2)
benefits
and
costs
associated
with
changes
to
closure
financial
assurance
(
three­
year
pay­
in
period,
financial
ratio
test,
and
independent
financial
audit
report),
(
3)
cost
for
facility
certification
audit,
(
4)
improvement
in
financial
return
on
waste
management
capital
assets
and
investments,
and
(
5)
potential
reduction
in
state
hazardous
waste
fees
paid
by
eligible
facilities
for
RCRA
permitting.

Based
on
our
economic
analysis,
we
estimate
potential
average
annual
cost
savings
to
between
86670
to
1,230130
eligible
on­
site
facilities
of
$
100
to
$
20,800
per
permit
action
(
i.
e.,
89
between
2
to
480
paperwork
burden
hours
reduction
per
permit
action),
which
represents
a
4%
to
40%
reduction
in
burden
hours
compared
to
the
conventional
RCRA
permit
process,
depending.

The
extent
of
reduction
depends
on
the
type
of
future
permit
action
(
i.
e.
new
or
interim
status
permits,
conversion
of
existing
permits,
permit
renewals,
or
permit
modifications),
and
the
type
of
eligible
waste
management
unit
(
i.
e.
tank,
container,
or
containment
building).
We
estimate
an
average
of
55%
of
annual
permit
actions
will
involve
container
systems,
43%
will
involve
tank
systems
(
although
some
small
fraction
of
tanks
may
be
ineligible
in­
ground
and
under­
ground
tanks),
and
2%
containment
buildings.
Aggregated
over
a
future
30­
year
average
annual
166
futureto
202
RCRA
standardized
permit
actions
(
11%
of
which
are
expected
to
consist
of
conversion
of
existing
permits,
61%
of
interim
status
and
new
facility
permit
applications,
18%

modification
permit
applications,
and
10%
permit
renewal
applications
upon
expiration),
produces
an
expected
national
paperwork
cost
savings
benefit
of
$
1.3
million
to
$
3.94
million
annually.
This
annual
savings
consists
of
35%
to
94%
of
benefits
to
eligible
facilities,
and
6%
to
65%
of
benefits
to
EPA/
state
permit
authorities
(
numerical
ranges
reflect
two
alternative
estimation
methods).

Potential
cost
savings
benefits
are
incremental
to
the
average
annual
cost
associated
with
the
current
(
conventional)
RCRA
permitting
process.

In
addition
to
paperwork
burden
savings,
our
economic
analysis
also
estimates
$
0.01
million
to
$
0.172
million
in
average
annual
potential
improvement
in
financial
return
to
eligible
hazardous
waste
management
capital
assets
and
investments
(
i.
e.
tanks,
containers,
and
containment
buildings),
from
expediting
by
2.5
to
28
months
per
permit
action,
the
time
required
for
the
RCRA
permitting
process.
We
also
estimate
a
potential
net
annual
cost
of
$
0.03
million
to
$
0.04
million
associated
with
changes
to
closure
financial
assurance,
and
potential
annual
costs
of
$
0.005
million
(
if
self­
audit)
to
$
2.916
million
(
if
third­
party
audit)
for
the
certification
audit.

Taking
both
benefits
and
added
costs
into
consideration,
we
estimate
the
net
annual
economic
impact
of
the
rule
at
$
2.8
to
$
43.05
million
in
potential
annual
paperwork
burden
cost
savings.
In
addition,
we
estimate
a
potential
reduction
of
$
12.7
$
7.2
to
$
18.08
million
per
year
in
hazardous
waste
permitting
fees
paid
by
eligible
facilities
to
state
governments,
which
represents
a
"
transfer
payment"
impact,
rather
than
a
real
resource
"
economic
impact",
impact,"
to
avoid
double­
counting
state
government
paperwork
burden
impacts
in
our
analysis.
This
does
not
necessarily
translate
into
a
net
revenue
loss
to
state
governments,
as
states
may
beneficially
reallocate
these
annual
administrative
resources
to
other
revenue­
generating
activities.
From
the
perspective
of
eligible
90
facilities,
the
potential
reduction
in
state
fees
added
to
the
net
reduction
in
annual
costs
to
facilities
associated
with
RCRA
hazardous
waste
permits,
provides
a
potential
annual
regulatory
relief
to
eligible
facilities
of
$
150.50
million
to
$
212.03
million
per
year.

These
impact
estimates
represent
hypothetical
adoption
of
this
rule
by
all
state
governments.
However,
the
net
benefits
of
the
rule
may
be
less
than
estimated
because
not
all
states
may
act
immediately
to
change
their
state
laws
in
order
to
adopt
the
standardized
permit.

Such
an
assumption
is
unlikely
to
occur
in
practice
because
(
1)
it
will
take
states
some
time
to
change
their
laws,
and
(
2)
some
states
may
choose
not
to
adopt
the
EPA
rule.
For
example,
five
states
(
AR,
GA,
MI,
TN,
WA)
oppose
offsite
facility
eligibility
based
on
state
government
comments
to
the
October
2001
proposed
rule.
These
five
states
accounted
for
64
(
11%)
of
the
595
offsite
facility
universe
in
the
2001
RCRA
Biennial
Report
count
of
waste
management
facilities
(
i.
e.
facilities
which
received
RCRA
hazardous
waste
shipments
from
offsite).
If
these
five
states
do
not
adopt
the
off­
site
portion
of
this
voluntary
rule,
it
will
result
in
an
11%
smaller
net
benefit
estimate
for
this
final
rule.

B.
Paperwork
Reduction
Act
The
Office
of
Management
and
Budget
(
OMB)
has
approved
the
information
collection
requirements
contained
in
this
rule
under
the
provisions
of
the
Paperwork
Reduction
Act,
44
U.
S.
C.
3501
et
seq.
and
has
assigned
OMB
control
number
2050­
0182.

Section
270.275
requires
that
applicants
for
a
standardized
permit
submit
to
the
permitting
agency
a
Notice
of
Intent
that
will
be
used
as
the
basis
of
the
standardized
permit
application.
This
information
includes:

The
Part
A
permit
application
required
by
sSection
270.13;

A
summary
of
the
pre­
application
public
meeting
and
other
materials
required
by
section
124.31;

Documentation
of
compliance
with
the
location
standards
of
sections
267.18
and
270.14(
b)(
11);
91
Information
that
allows
the
Director
to
carry
out
his
obligations
under
other
Federal
laws
required
in
Sec.
270.3;

A
closure
plan
as
described
in
267.112;

Solid
waste
management
unit
information
required
by
Sec.
270.14(
d);
andSection
270.14(
d);

For
facilities
managing
wastes
generated
off­
site,
a
copy
of
the
waste
analysis
plan;

For
facilities
managing
wastes
generated
off­
site,
documentation
showing
that
the
waste
generator
and
the
receiving
facility
are
under
the
same
ownership;

A
signed
certification
of
the
facility's
compliance
with
part
267,
as
specified
at
SecSection.

270.280
and
an
audit
report
of
the
facility's
current
compliance
status;
and;

The
most
recent
closure
cost
estimate
and
a
copy
of
the
documentation
required
to
demonstrate
financial
responsibility.

EPA
needs
this
information
to
comprehensively
evaluate
the
potential
risk
posed
by
facilities
seeking
permits.
This
information
aids
EPA
in
meeting
its
goal
of
ascertaining
and
minimizing
risks
to
human
health
and
the
environment
from
hazardous
waste
management
facilities.

In
addition,
facilities
that
store
or
treat
hazardous
waste
under
a
standardized
permit
must
keep
at
their
facilities
general
types
of
information
(
Sec.
267
§
267.290),
as
well
as
unit­
specific
information
for
containers
(
Sec.
267
§
267
Subpart
I),
tanks
(
Sec.
267
§
267
Subpart
J),
and
containment
buildings
(
Sec.
267
§
267
Subpart
DD),
equipment
subject
to
part
264,
subpart
BB
(
Sec.
270
§
270.310),
and
tanks,
containers
and
containment
buildings
subject
to
part
264,
subpart
CC
(
Sec.
270
§
270.315).
EPA
anticipates
that
the
owner
or
operator
will
use
this
information
to
ensure
that
tanks,
containers,
containment
buildings,
and
other
equipment
are
in
good
condition
and,
that
operating
requirements
are
being
satisfied,
and
to
prevent
placing
in
proximity
wastes
that
are
incompatible
with
other
wastes
that
are
likely
to
ignite
or
explode.
EPA
needs
this
information
to
evaluate
compliance
of
facilities
with
the
permitting
standards.
These
requirements
contribute
to
EPA's
goal
of
insuring
that
hazardous
waste
management
facilities
are
operated
in
a
manner
fully
protective
of
human
health
and
the
environment.
Information
collection
requirements
in
the
92
standardized
permit
rule
are
authorized
by
sections
2002
and
3007
of
RCRA,
as
amended.
In
particular,
section
2002
gives
the
Administrator
the
authority
to
promulgate
such
regulations
as
are
necessary
to
carry
out
the
functions
of
this
subchapter.
Section
3007
gives
EPA
the
authority
to
compel
anyone
who
generates,
stores,
treats,
transports,
disposes
of
or
otherwise
handles
or
has
handled
hazardous
wastes
to
"
furnish
information
related
to
such
wastes"
and
make
such
information
available
to
the
government
for
"
the
purposes
of
*
*
*
enforcing.
.
.
enforcing
the
provisions
of
this
chapter."
EPA
believes
the
information
collection
requirements
in
this
rule
are
consistent
with
the
Agency's
responsibility
to
protect
human
health
and
the
environment.

Section
3007(
b)
of
RCRA
and
40
CFR
part
2,
subpart
B,
which
define
EPA's
general
policy
on
public
disclosure
of
information,
contain
provisions
for
confidentiality.
However,
the
Agency
does
not
anticipate
that
businesses
will
assert
a
claim
of
confidentiality
covering
all
or
part
of
the
information
that
would
be
requested
pursuant
to
the
proposed
information
collection
requirements.
If
such
a
claim
were
asserted,
EPA
must
and
will
treat
the
information
in
accordance
with
the
regulations
cited
above.
EPA
also
will
assure
that
this
information
collection
complies
with
the
Privacy
Act
of
1974
and
OMB
Circular
108.
Further,
no
questions
of
a
sensitive
nature
are
included
in
the
proposed
information
collection
requirements.

EPA
estimates
that
a
future
3­
year
average
annual
175
(
permitted,
interim
status,
and
new)

on­
site
captive
TSDFs
per
year
will
apply
for
a
RCRA
standardized
permit
in
the
years
after
its
implementation
(
not
counting
a
small
additional
amount
of
eligible
federal
facilities
which
are
excluded
from
ICRs).
The
Agency
has
not
estimated
the
burden
for
eligible
off­
site
facilities.
In
the
ICR,
EPA
estimates
average
annual
respondent
burden
to
be
about
14,400
hours
at
an
annual
cost
of
$
1.42
million,
and
average
annual
agency
(
EPA/
state)
burden
to
be
about
11,200
hours
at
an
annual
cost
of
$
0.58
million
(
which
on
a
combined
bases
totals
25,600
hours/
year
at
$
2.0
million/
year).
Assuming
each
eligible
TSDF
responds
once
annually
(
i.
e.
process
a
RCRA
permit
action),
the
average
burden
per
response
would
be
82
hours.
It
is
important
to
note
that
these
ICR
burden
estimates
are
absolute
magnitudes,
not
incremental;
i.
e.
these
estimates
do
not
net­
out
the
baseline
burden
of
the
existing
conventional
RCRA
permitting
process,
as
was
done
in
the
economic
analysis
summarized
a
few
sections
above.
93
Burden
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
retain,
or
disclose
or
provide
information
to
or
for
a
Federal
agency.
This
includes
the
time
needed
to
review
instructions;
develop,
acquire,
install,
and
utilize
technology
and
systems
for
the
purposes
of
collecting,
validating,
and
verifying
information,
processing
and
maintaining
information,
and
disclosing
and
providing
information;
adjust
the
existing
ways
to
comply
with
any
previously
applicable
instructions
and
requirements;
train
personnel
to
be
able
to
respond
to
a
collection
of
information;
search
data
sources;
complete
and
review
the
collection
of
information;
and
transmit
or
otherwise
disclose
the
information.

An
agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to
a
collection
of
information
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
regulations
in
40
CFR
are
listed
in
40
CFR
part
9.
In
addition,
EPA
is
amending
the
table
in
40
CFR
part
9
of
currently
approved
OMB
control
numbers
for
various
regulations
to
list
the
regulatory
citations
for
the
information
requirements
contained
in
this
final
rule.

C.
Regulatory
Flexibility
Act
The
Regulatory
Flexibility
Act
(
RFA)
generally
requires
an
agency
to
prepare
a
regulatory
flexibility
analysis
of
any
rule
subject
to
notice
and
comment
rulemaking
requirements
under
the
Administrative
Procedure
Act
or
any
other
statute
unless
the
agency
certifies
that
the
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
Small
entities
include
small
businesses,
small
organizations,
and
small
governmental
jurisdictions.

For
purposes
of
assessing
the
impacts
of
today's
rule
on
small
entities,
small
entity
is
defined
as:
(
1)
a
small
business
as
defined
by
the
Small
Business
Administration's
(
SBA)

regulations
at
13
CFR
121.201
,
(
2)
a
small
governmental
jurisdiction
that
is
a
government
of
a
city,
county,
town,
school
district
or
special
district
with
a
population
of
less
than
50,000;
and
(
3)

a
small
organization
that
is
any
not­
for­
profit
enterprise
which
is
independently
owned
and
operated
and
is
not
dominant
in
its
field.
94
After
considering
the
economic
impacts
of
today's
final
rule
on
small
entities,
I
certify
that
this
action
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
In
determining
whether
a
rule
has
a
significant
economic
impact
on
a
substantial
number
of
small
entities,
the
impact
of
concern
is
any
significant
adverse
economic
impact
on
small
entities,
since
the
primary
purpose
of
the
regulatory
flexibility
analyses
is
to
identify
and
address
regulatory
alternatives
"
which
minimize
any
significant
economic
impact
of
the
rule
on
small
entities."
5
USC
603
and
604.
Thus,
an
agency
may
certify
that
a
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities
if
the
rule
relieves
regulatory
burden,
or
otherwise
has
a
positive
economic
effect
on
all
of
the
small
entities
subject
to
the
rule.

The
final
rule
is
expected
to
provide
net
annual
benefits
(
in
the
form
of
administrative
paperwork
burden
reduction
cost
savings)
from
the
voluntary
participation
by
eligible
facilities
in
the
private
sector.
We
have
therefore
concluded
that
today's
final
rule
will
relieve
regulatory
burden
for
all
small
entities
eligible
for
the
rule.

D.
Unfunded
Mandates
Reform
Act
Title
II
of
the
Unfunded
Mandates
Reform
Act
of
1995
(
UMRA),
Public
Law
104­
4,

establishes
requirements
for
Federal
Agencies
to
assess
the
effects
of
their
regulatory
actions
on
State,
local
and
tribal
governments
and
the
private
sector.
Under
Section
202
of
UMRA,
we
generally
must
prepare
a
written
statement,
including
a
cost­
benefit
analysis,
for
proposed
and
final
rules
with
"
Federal
mandates"
that
may
result
in
expenditures
to
State,
local,
and
tribal
governments,
in
the
aggregate,
or
to
the
private
sector,
of
$
100
million
or
more
in
any
one
year.

Before
promulgating
an
EPA
rule
which
must
have
a
written
statement,
section
205
of
the
UMRA
generally
requires
EPA
to
identify
and
consider
a
reasonable
number
of
regulatory
alternatives
and
adopt
the
least
costly,
most
cost­
effective,
or
least
burdensome
alternative
that
achieves
the
objectives
of
the
rule.
The
provisions
of
section
205
do
not
apply
when
they
are
inconsistent
with
applicable
law.
Moreover,
section
205
allows
us
to
adopt
an
alternative
other
than
the
least
costly,

most
cost­
effective,
or
least
burdensome
alternative
if
the
Administrator
publishes
an
explanation
with
the
final
rule.
Before
we
establish
any
regulatory
requirements
that
may
significantly
or
uniquely
affect
small
governments,
including
tribal
governments,
we
must
develop,
under
section
203
of
the
UMRA,
a
small
government
agency
plan.
The
plan
must
provide
for
notifying
potentially
affected
small
governments,
enabling
officials
of
affected
small
governments
to
have
95
meaningful
and
timely
input
in
the
development
of
our
regulatory
proposals
with
significant
Federal
intergovernmental
mandates,
and
informing,
educating,
and
advising
small
governments
on
compliance
with
the
regulatory
requirements.

Today's
rule
contains
no
Federal
mandates
(
under
the
regulatory
provisions
of
Title
II
of
the
UMRA)
for
State,
local,
or
tribal
governments
or
the
private
sector.
The
rule
imposes
no
enforceable
duty
on
any
State,
local
or
tribal
governments
or
the
private
sector.
Thus,
today's
rule
is
not
subject
to
the
requirements
of
sections
202
and
205
of
the
UMRA.

EPA
has
determined
that
this
rule
contains
no
regulatory
requirements
that
might
significantly
or
uniquely
affect
small
governments.
Small
governments
are
not
authorized
for
the
RCRA
program
and
therefore
will
not
be
implementing
these
rules.

E.
Executive
Order
13132:
Federalism
Executive
Order
13132,
entitled
"
Federalism"
(
64
FR
43255,
August
10,
1999),
requires
EPA
to
develop
an
accountable
process
to
ensure
"
meaningful
and
timely
input
by
State
and
local
officials
in
the
development
of
regulatory
policies
that
have
federalism
implications."
"
Policies
that
have
federalism
implications"
is
defined
in
the
Executive
Order
to
include
regulations
that
have
"
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government."

This
final
rule
does
not
have
federalism
implications.
It
will
not
have
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government,
as
specified
in
Executive
Order
13132.
Rather,
it
would
provide
more
flexibility
for
States
to
implement
alreadyexisting
requirements
in
the
RCRA
permitting
program.
Thus,
Executive
Order
13132
does
not
apply
to
this
rule.
96
In
the
spirit
of
Executive
Order
13132,
and
consistent
with
EPA
policy
to
promote
communications
between
EPA
and
State
and
local
governments,
EPA
specifically
solicited
comment
on
the
proposed
rule
from
State
and
local
officials.

F.
Executive
Order
13175:
Consultation
and
Coordination
With
Indian
Tribal
Governments
Executive
Order
13175,
entitled
"
Consultation
and
Coordination
with
Indian
Tribal
Governments"
(
65
FR
67249,
November
9,
2000),
requires
EPA
to
develop
an
accountable
process
to
ensure
"
meaningful
and
timely
input
by
tribal
officials
in
the
development
of
regulatory
policies
that
have
tribal
implications."
This
final
rule
does
not
have
tribal
implications.
It
will
not
have
substantial
direct
effects
on
tribal
governments,
on
the
relationship
between
the
Federal
government
and
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
government
and
Indian
tribes,
as
specified
in
Executive
Order
13175.
There
is
no
impact
to
tribal
governments
as
thea
result
of
the
standardized
permit.
Thus,
Executive
Order
13175
does
not
apply
to
this
rule.

G.
Executive
Order
13045:
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks
"
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks"
(
62
FR
19885,

April
23,
1997)
applies
to
any
rule
that:
(
1)
is
determined
to
be
"
economically
significant"
as
defined
under
Executive
Order
12866,
and
(
2)
concerns
an
environmental
health
or
safety
risk
that
EPA
has
reason
to
believe
may
have
a
disproportionate
effect
on
children.
If
the
regulatory
action
meets
both
criteria,
the
Agency
must
evaluate
the
environmental
health
or
safety
effects
of
the
planned
rule
on
children,
and
explain
why
the
planned
regulation
is
preferable
to
other
potentially
effective
and
reasonably
feasible
alternatives
considered
by
the
Agency.

This
final
rule
is
not
subject
to
the
Executive
Order
because
it
is
not
economically
significant
as
defined
in
Executive
Order
12866,
and
because
the
Agency
does
not
have
reason
to
believe
the
environmental
health
or
safety
risks
addressed
by
this
action
present
a
disproportionate
risk
to
children.
97
H.
Executive
Order
13211:
Actions
that
Significantly
Affect
Energy
Supply,
Distribution,
or
Use
This
rule
is
not
a
"
significant
energy
action"
as
defined
in
Executive
Order
13211,
"
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use"
(
66
FR
28355
(
May
22,
2001))
because
it
is
not
likely
to
have
a
significant
adverse
effect
on
the
supply,

distribution,
or
use
of
energy.
Further,
we
have
concluded
that
this
rule
is
not
likely
to
have
any
adverse
energy
effects.

I.
National
Technology
Transfer
and
Advancement
Act
As
noted
in
the
proposed
rule,
Section
12(
d)
of
the
National
Technology
Transfer
and
Advancement
Act
of
1995
("
NTTAA"),
Pubic
Law
No.
104­
113,
section
12(
d)(
15
U.
S.
C.
272
note)
directs
EPA
to
use
voluntary
consensus
standards
in
its
regulatory
activities
unless
to
do
so
would
be
inconsistent
with
applicable
law
or
otherwise
impractical.
Voluntary
consensus
standards
are
technical
standards
(
e.
g.,
materials
specifications,
test
methods,
sampling
procedures,
and
business
practices)
that
are
developed
or
adopted
by
voluntary
consensus
standards
bodies.
The
NTTAA
directs
us
to
provide
Congress,
through
OMB,
explanations
when
the
Agency
decides
not
to
use
available
and
applicable
voluntary
consensus
standards.
This
action
does
not
involveestablish
any
new
technical
standards.
Therefore,
we
are
not
considering
the
use
of
any
voluntary
consensus
standards.

J.
Executive
Order
12898:
Federal
Actions
to
Address
Environmental
Justice
in
Minority
Populations
and
Low­
Income
Populations.

Under
Executive
Order
12898,
"
Federal
Actions
to
Address
Environmental
Justice
in
Minority
Populations
and
Low­
Income
Populations,"
as
well
as
through
EPA's
April
1995,

"
Environmental
Justice
Strategy,
OSWER
Environmental
Justice
Task
Force
Action
Agenda
Report,"
and
the
National
Environmental
Justice
Advisory
Council,
we
have
initiated
efforts
to
incorporate
environmental
justice
into
our
policies
and
programs.
We
are
committed
to
addressing
98
environmental
justice
concerns
and
have
assumed
a
leadership
role
in
environmental
justice
initiatives
to
enhance
environmental
quality
for
all
residents
of
the
United
States.
Our
goals
are
to
ensure
that
no
segment
of
the
population,
regardless
of
race,
color,
national
origin,
or
income
bears
disproportionately
high
and
adverse
human
health
and
environmental
effects
as
a
result
of
our
policies,
programs,
and
activities,
and
that
all
people
live
in
clean
and
sustainable
communities.

To
address
this
goal,
we
considered
the
impacts
of
this
rule
on
low­
income
populations
and
minority
populations.

We
concluded
that
today's
final
rule
will
meet
environmental
justice
goals
because
the
public
involvement
process
set
forth
in
today's
rule
provides
the
opportunity
for
all
potentially
affected
segments
of
the
population
to
participate
in
public
hearings
and/
or
to
provide
comment
on
health
and
environmental
concerns
that
may
arise
pursuant
to
a
permitting
action.

K.
The
Congressional
Review
Act.

The
Congressional
Review
Act,
5
U.
S.
C.
801
et
seq.,
as
added
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996,
generally
provides
that
before
a
rule
may
take
effect,
the
agency
promulgating
the
rule
must
submit
a
rule
report,
which
includes
a
copy
of
the
rule,
to
each
House
of
the
Congress
and
to
the
Comptroller
General
of
the
United
States.
EPA
will
submit
a
report
containing
this
rule
and
other
required
information
to
the
U.
S.
Senate,
the
U.
S.

House
of
Representatives,
and
the
Comptroller
General
of
the
United
States
prior
to
publication
of
the
rule
in
the
Federal
Register.
A
Major
rule
cannot
take
effect
until
60
days
after
it
is
published
in
the
Federal
Register.
This
action
is
not
a
"
major
rule"
as
defined
by
5
U.
S.
C.
804(
2).
This
rule
will
be
effective
30
days
after
publication
in
the
Federal
Register.

VIII.
List
of
References
1.
RCRA
Standardized
Permit
Rule
Response
to
Comments
Document.
EPA
Office
of
Solid
Waste,
Permits
and
State
Programs
Division.
March
20045.

2.
RCRA
Part
A
Application.
EPA/
8700­
23,
May
2002.
99
3.
Economics
Background
Document:
Estimate
of
Potential
National
Regulatory
Cost
Savings
for
USEPA's
RCRA
Hazardous
Waste
Management
"
Standardized"
Permit
Final
Rule,
EPA
Office
of
Solid
Waste,
Economics,
Methods
&
Risk
Analysis
Division,
08
October
2003,

73ppMarch
29,
2005
4.
Protocol
for
Conducting
Environmental
Compliance
Audits
of
Treatment,
Storage
and
Disposal
Facilities
under
the
Resource
Conservation
and
Recovery
Act,
EPA­
305­
B­
98­
006
(
December
1998).

5.
Procedures
for
Conducting
Compliance
Audit
Required
by
40
CFR
270.275(
f).
EPA
Office
of
Enforcement
and
Compliance
Assurance.

List
of
Subjects
40
CFR
Part
124
Administrative
practice
and
procedure,
Hazardous
waste,
RCRA
permits.

40
CFR
Part
260
Hazardous
waste
management
system
40
CFR
Part
261
Identification
and
Listing
of
Hazardous
Waste
40
CFR
Part
267
Corrective
action,
Financial
assurance,
Hazardous
waste,
Reporting
and
record
keeping
requirements,
Standardized
permit
requirements.
100
40
CFR
Part
270
Administrative
practice
and
procedure,
Hazardous
waste,
Permit
application
and
modification
procedures,
RCRA
permits,
Standardized
permit
requirements.

Dated:

Mike
LeavittStephen
L.
Johnson,

Administrator
101
For
reasons
stated
in
the
preamble,
title
40
chapter
I
of
the
Code
of
Federal
Regulations
is
amended
as
follows:

PART
124­­
PROCEDURES
FOR
DECISION
MAKING
1.
The
authority
citation
for
part
124
continues
to
read
as
follows:

Authority:
Resource
Conservation
and
Recovery
Act,
42
U.
S.
C.
6901
et
seq.;
Safe
Drinking
Water
Act,
42
U.
S.
C.
300(
f)
et
seq.;
Clean
Water
Act,
33
U.
S.
C.
1251
et
seq.;
and
Clean
Air
Act,

42
U.
S.
C.
1857
et
seq.

2.
Section
124.1
is
amended
by
revising
paragraph
(
b)
to
read
as
follows:

§
124.1
Purpose
and
scope.

*
*
*
*
*

(
b)
Part
124
is
organized
into
five
subparts.
Subpart
A
contains
general
procedural
requirements
applicable
to
all
permit
programs
covered
by
these
provisions.
Subparts
B
through
D
and
Subpart
G
supplement
these
general
provisions
with
requirements
that
apply
to
only
one
or
more
of
the
programs.
Subpart
A
describes
the
steps
EPA
will
follow
in
receiving
permit
applications,

preparing
draft
permits,
issuing
public
notice,
inviting
public
comment
and
holding
public
hearings
on
draft
permits.
Subpart
A
also
covers
assembling
an
administrative
record,
responding
to
comments,
issuing
a
final
permit
decision,
and
allowing
for
administrative
appeal
of
the
final
permit
decisions.
Subpart
B
contains
public
participation
requirements
applicable
to
all
RCRA
hazardous
waste
management
facilities.
Subpart
C
contains
definitions
and
specific
procedural
requirements
for
PSD
permits.
Subpart
D
contains
specific
procedural
requirements
for
NPDES
permits.

Subpart
G
contains
specific
procedural
requirements
for
RCRA
standardized
permits,
which,
in
some
instances,
change
how
the
General
Program
Requirements
of
subpart
A
apply
in
the
context
of
the
RCRA
standardized
permit.

*
*
*
*
*
102
3.
Section
124.2
is
amended
by
revising
the
definition
of
"
permit"
in
paragraph
(
a)
and
adding
a
definition
for
a
standardized
permit
in
alphabetical
order
as
follows:

§
124.2
Definitions.

(
a)
*
*
*

Permit
means
an
authorization,
license
or
equivalent
control
document
issued
by
EPA
or
an
"
approved
State"
to
implement
the
requirements
of
this
part
and
parts
122,
123,
144,
145,
233,

270,
and
271
of
this
chapter.
"
Permit"
includes
RCRA
"
permit
by
rule"
(
§
270.60),
RCRA
standardized
permit
(
§
270.67),
UIC
area
permit
(
§
144.33),
NPDES
or
404
"
general
permit"

(
§
§
270.61,
144.34,
and
233.38).
Permit
does
not
include
RCRA
interim
status
(
§
270.70),
UIC
authorization
by
rule
(
§
144.21),
or
any
permit
which
has
not
yet
been
the
subject
of
final
agency
action,
such
as
a
"
draft
permit"
or
a
"
proposed
permit."

*
*
*
*
*

Standardized
permit
means
a
RCRA
permit
authorizing
management
of
hazardous
waste
issued
under
subpart
G
of
this
part
and
part
270,
subpart
J.
The
standardized
permit
may
have
two
parts:

A
uniform
portion
issued
in
all
cases
and
a
supplemental
portion
issued
at
the
Director's
discretion.

*
*
*
*
*

4.
Section
124.5(
c)
is
amended
by
revising
paragraph
(
c)(
1)
as
follows:

§
124.5
Modification,
revocation
and
reissuance,
or
termination
of
permits.

*
*
*
*
*

(
c)
(
Applicable
to
State
programs,
see
40
CFR
123.25
(
NPDES),
145.11
(
UIC),
233.26
(
404),

and
271.14
(
RCRA)).
(
1)
If
the
Director
tentatively
decides
to
modify
or
revoke
and
reissue
a
permit
under
40
CFR
122.62
(
NPDES),
144.39
(
UIC),
233.14
(
404),
or
270.41
(
other
than
§
270.41(
b)(
3))
or
§
270.42(
c)
(
RCRA),
he
or
she
shall
prepare
a
draft
permit
under
§
124.6
incorporating
the
proposed
changes.
The
Director
may
request
additional
information
and,
in
the
case
of
a
modified
permit,
may
require
the
submission
of
an
updated
application.
In
the
case
of
revoked
and
reissued
permits,
other
than
under
40
CFR
270.41(
b)(
3),
the
Director
shall
require
the
103
submission
of
a
new
application.
In
the
case
of
revoked
and
reissued
permits
under
40
CFR
270.41(
b)(
3),
the
Director
and
the
permittee
shall
comply
with
the
appropriate
requirements
in
40
CFR
part
124,
subpart
G
for
RCRA
standardized
permits.

*
*
*
*
*

5.
Section
124.31
is
amended
by
revising
paragraphs
(
a),
(
b),
and
(
c)
as
follows:

§
124.31
Pre­
application
public
meeting
and
notice.

(
a)
Applicability.
The
requirements
of
this
section
shall
apply
to
all
RCRA
part
B
applications
seeking
initial
permits
for
hazardous
waste
management
units
over
which
EPA
has
permit
issuance
authority.
The
requirements
of
this
section
shall
also
apply
to
RCRA
part
B
applications
seeking
renewal
of
permits
for
such
units,
where
the
renewal
application
is
proposing
a
significant
change
in
facility
operations.
For
the
purposes
of
this
section,
a
"
significant
change"
is
any
change
that
would
qualify
as
a
class
3
permit
modification
under
40
CFR
270.42.
For
the
purposes
of
this
section
only,
"
hazardous
waste
management
units
over
which
EPA
has
permit
issuance
authority"

refers
to
hazardous
waste
management
units
for
which
the
State
where
the
units
are
located
has
not
been
authorized
to
issue
RCRA
permits
pursuant
to
40
CFR
part
271.
The
requirements
of
this
section
shall
also
apply
to
hazardous
waste
management
facilities
for
which
facility
owners
or
operators
are
seeking
coverage
under
a
RCRA
standardized
permit
(
see
40
part
270,
subpart
J),

including
renewal
of
a
standardized
permit
for
such
units,
where
the
renewal
is
proposing
a
significant
change
in
facility
operations,
as
defined
at
§
124.211(
c).
The
requirements
of
this
section
do
not
apply
to
permit
modifications
under
40
CFR
270.42
or
to
applications
that
are
submitted
for
the
sole
purpose
of
conducting
post­
closure
activities
or
post­
closure
activities
and
corrective
action
at
a
facility.

(
b)
Prior
to
the
submission
of
a
part
B
RCRA
permit
application
for
a
facility,
or
to
the
submission
of
a
written
Notice
of
Intent
to
be
covered
by
a
RCRA
standardized
permit
(
see
40
CFR
part
270,
subpart
J),
the
applicant
must
hold
at
least
one
meeting
with
the
public
in
order
to
solicit
questions
from
the
community
and
inform
the
community
of
proposed
hazardous
waste
management
activities.
The
applicant
shall
post
a
sign­
in
sheet
or
otherwise
provide
a
voluntary
opportunity
for
attendees
to
provide
their
names
and
addresses.
104
(
c)
The
applicant
shall
submit
a
summary
of
the
meeting,
along
with
the
list
of
attendees
and
their
addresses
developed
under
paragraph
(
b)
of
this
section,
and
copies
of
any
written
comments
or
materials
submitted
at
the
meeting,
to
the
permitting
agency
as
a
part
of
the
part
B
application,

in
accordance
with
40
CFR
270.14(
b),
or
with
the
written
Notice
of
Intent
to
be
covered
by
a
RCRA
standardized
permit
(
see
40
CFR
part
270,
subpart
J).

*
*
*
*
*

6.
Section
124.32
is
amended
by
revising
paragraph
(
a)
as
follows:

§
124.32
Public
notice
requirements
at
the
application
stage.

(
a)
Applicability.
The
requirements
of
this
section
shall
apply
to
all
RCRA
part
B
applications
seeking
initial
permits
for
hazardous
waste
management
units
over
which
EPA
has
permit
issuance
authority.
The
requirements
of
this
section
shall
also
apply
to
RCRA
part
B
applications
seeking
renewal
of
permits
for
such
units
under
40
CFR
270.51.
For
the
purposes
of
this
section
only,

"
hazardous
waste
management
units
over
which
EPA
has
permit
issuance
authority"
refers
to
hazardous
waste
management
units
for
which
the
State
where
the
units
are
located
has
not
been
authorized
to
issue
RCRA
permits
pursuant
to
40
CFR
part
271.
The
requirements
of
this
section
do
not
apply
to
hazardous
waste
units
for
which
facility
owners
or
operators
are
seeking
coverage
under
a
RCRA
standardized
permit
(
see
40
CFR
part
270,
subpart
J)).
The
requirements
of
this
section
also
do
not
apply
to
permit
modifications
under
40
CFR
270.42
or
permit
applications
submitted
for
the
sole
purpose
of
conducting
post­
closure
activities
or
post­
closure
activities
and
corrective
action
at
a
facility.

*
*
*
*
*

7.
Subpart
G
is
added
to
read
as
follows:

Subpart
G­­
Procedures
for
RCRA
Standardized
Permit
General
Information
About
Standardized
Permits
124.200
What
is
a
RCRA
standardized
permit?

124.201
Who
is
eligible
for
a
standardized
permit?

Applying
for
a
Standardized
Permit
105
124.202
How
do
I
as
a
facility
owner
or
operator
apply
for
a
standardized
permit?

124.203
How
may
I
switch
from
my
individual
RCRA
permit
to
a
standardized
permit?

Issuing
a
Standardized
Permit
124.204
What
must
I
do
as
the
Director
of
the
regulatory
agency
to
prepare
a
draft
standardized
permit?

124.205
What
must
I
do
as
the
Director
of
the
regulatory
agency
to
prepare
a
final
standardized
permit?

124.206
In
what
situations
may
I
require
a
facility
owner
or
operator
to
apply
for
an
individual
permit?

Opportunities
for
Public
Involvement
in
the
Standardized
Permit
Process
124.207
What
are
the
requirements
for
public
notices?

124.208
What
are
the
opportunities
for
public
comments
and
hearings
on
draft
permit
decisions?

124.209
What
are
the
requirements
for
responding
to
comments?

124.210
May
I,
as
an
interested
party
in
the
permit
process,
appeal
a
final
standardized
permit?

Maintaining
a
Standardized
Permit
124.211
What
types
of
changes
may
I
make
to
my
standardized
permit?

124.212
What
procedures
must
I
follow
to
make
routine
changes?

124.213
What
procedures
must
I
follow
to
make
routine
changes
with
prior
approval?

124.214
What
procedures
must
I
follow
to
make
significant
changes?

Subpart
G­­
Procedures
for
RCRA
Standardized
Permit
General
Information
About
Standardized
Permits
§
124.200
What
is
a
RCRA
standardized
permit?

The
standardized
permit
is
a
special
form
of
RCRA
permit,
that
may
consist
of
two
parts:
A
uniform
portion
that
the
Director
issues
in
all
cases,
and
a
supplemental
portion
that
the
Director
issues
at
his
or
her
discretion.
We
formally
define
the
term
"
Standardized
permit"
in
§
124.2.
106
(
a)
What
comprises
the
uniform
portion?
The
uniform
portion
of
a
standardized
permit
consists
of
terms
and
conditions,
relevant
to
the
unit(
s)
you
are
operating
at
your
facility,
that
EPA
has
promulgated
in
40
CFR
part
267
(
Standards
for
Owners
and
Operators
of
Hazardous
Waste
Facilities
Operating
under
a
Standardized
Permit).
If
you
intend
to
operate
under
the
standardized
permit,
you
must
comply
with
these
nationally
applicable
terms
and
conditions.

(
b)
What
comprises
the
supplemental
portion?
The
supplemental
portion
of
a
standardized
permit
consists
of
site­
specific
terms
and
conditions,
beyond
those
of
the
uniform
portion,
that
the
Director
may
impose
on
your
particular
facility,
as
necessary
to
protect
human
health
and
the
environment.
If
the
Director
issues
you
a
supplemental
portion,
you
must
comply
with
the
site­
specific
terms
and
conditions
it
imposes.

(
1)
When
required
under
§
267.101,
provisions
to
implement
corrective
action
will
be
included
in
the
supplemental
portion.

(
2)
Unless
otherwise
specified,
these
supplemental
permit
terms
and
conditions
apply
to
your
facility
in
addition
to
the
terms
and
conditions
of
the
uniform
portion
of
the
standardized
permit
and
not
in
place
of
any
of
those
terms
and
conditions.

§
124.201
Who
is
eligible
for
a
standardized
permit?

You
may
be
eligible
for
a
standardized
permit
if:

(
a)
you
generate
hazardous
waste
and
then
store
or
non­
thermally
treat
the
hazardous
waste
onsite
in
containers,
tanks,
or
containment
buildings,
or
if
(
b)
you
receive
hazardous
waste
generated
off­
site
by
a
generator
under
the
same
ownership
as
the
receiving
facility,
and
then
you
store
or
non­
thermally
treat
the
hazardous
waste
in
containers,

tanks,
or
containment
buildings.

In
either
case,
the
Director
will
inform
you
of
your
eligibility
when
a
decision
is
made
on
your
permit.
107
Applying
for
a
Standardized
Permit
§
124.202
How
do
I
as
a
facility
owner
or
operator
apply
for
a
standardized
permit?

(
a)
You
must
follow
the
requirements
in
this
subpart
as
well
as
those
in
§
124.31,
40
CFR
270.10,
and
40
CFR
part
270,
subpart
J.

(
b)
You
must
submit
to
the
Director
a
written
Notice
of
Intent
to
operate
under
the
standardized
permit.
You
must
also
include
the
information
and
certifications
required
under
40
CFR
part
270,
subpart
J.

§
124.203
How
may
I
switch
from
my
individual
RCRA
permit
to
a
standardized
permit?

Where
all
units
in
the
RCRA
permit
are
eligible
for
the
standardized
permit,
you
may
request
that
your
individual
permit
be
revoked
and
reissued
as
a
standardized
permit,
in
accordance
with
§
124.5.
Where
only
some
of
the
units
in
the
RCRA
permit
are
eligible
for
the
standardized
permit,

you
may
request
that
your
individual
permit
be
modified
to
no
longer
include
those
units
and
issue
a
standardized
permit
for
those
units
in
accordance
with
§
124.204.

Issuing
a
Standardized
Permit
§
124.204
What
must
I
do
as
the
Director
of
the
regulatory
agency
to
prepare
a
draft
standardized
permit?

(
a)
You
must
review
the
Notice
of
Intent
and
supporting
information
submitted
by
the
facility
owner
or
operator.

(
b)
You
must
determine
whether
the
facility
is
or
is
not
eligible
to
operate
under
the
standardized
permit.

(
1)
If
the
facility
is
eligible
for
the
standardized
permit,
you
must
propose
terms
and
conditions,

if
any,
to
include
in
a
supplemental
portion.
If
you
determine
that
these
terms
and
conditions
are
necessary
to
protect
human
health
and
the
environment
and
cannot
be
imposed,
you
must
tentatively
deny
coverage
under
the
standardized
permit.
108
(
2)
If
the
facility
is
not
eligible
for
the
standardized
permit,
you
must
tentatively
deny
coverage
under
the
standardized
permit.
Cause
for
ineligibility
may
include,
but
is
not
limited
to,
the
following:

(
i)
failure
of
owner
or
operator
to
submit
all
the
information
required
under
§
270.275
(
ii)
information
submitted
that
is
required
under
§
270.275
is
determined
to
be
inadequate
(
iii)
facility
does
not
meet
the
eligibility
requirements
(
activities
are
outside
the
scope
of
the
standardized
permit)

(
iv)
demonstrated
history
of
significant
non­
compliance
with
applicable
requirements
(
v)
permit
conditions
cannot
ensure
protection
of
human
health
and
the
environment
(
c)
You
must
prepare
your
draft
permit
decision
within
120
days
after
receiving
the
Notice
of
Intent
and
supporting
documents
from
a
facility
owner
or
operator.
Your
tentative
determination
under
this
section
to
deny
or
grant
coverage
under
the
standardized
permit,
including
any
proposed
site­
specific
conditions
in
a
supplemental
portion,
constitutes
a
draft
permit
decision.

You
are
allowed
a
one
time
extension
of
30
days
to
prepare
the
draft
permit
decision.
When
the
use
of
the
30­
day
extension
is
anticipated,
you
should
inform
the
permit
applicant
during
the
initial
120­
day
review
period.
Reasons
for
an
extension
may
include,
but
is
not
limited
to,
needing
to
complete
review
of
submissions
with
the
Notice
of
Intent
(
e.
g.,
closure
plans,
waste
analysis
plans,

for
facilities
seeking
to
manage
hazardous
waste
generated
off­
site).

(
d)
Many
requirements
in
subpart
A
of
this
part
apply
to
processing
the
standardized
permit
application
and
preparing
your
draft
permit
decision.
For
example,
your
draft
permit
decision
must
be
accompanied
by
a
statement
of
basis
or
fact
sheet
and
must
be
based
on
the
administrative
record.
In
preparing
your
draft
permit
decision,
the
following
provisions
of
subpart
A
of
this
part
apply
(
subject
to
the
following
modifications):

(
1)
Section
124.1
Purpose
and
Scope.
All
paragraphs.

(
2)
Section
124.2
Definitions.
All
paragraphs.

(
3)
Section
124.3
Application
for
a
permit.
All
paragraphs,
except
paragraphs
(
c),
(
d),
(
f)
and
(
g)
of
this
section
apply.
109
(
4)
Section
124.4
Consolidation
of
permit
processing.
All
paragraphs
apply;
however,
in
the
context
of
the
RCRA
standardized
permit,
the
reference
to
the
public
comment
period
is
§
124.208
instead
of
§
124.10.

(
5)
Section
124.5
Modification,
revocation
and
re­
issuance,
or
termination
of
permits.
Not
applicable.

(
6)
Section
124.6
Draft
permits.
This
section
does
not
apply
to
the
RCRA
standardized
permit;

procedures
in
this
subpart
apply
instead.

(
7)
Section
124.7
Statement
of
basis.
The
entire
section
applies.

(
8)
Section
124.8
Fact
sheet.
All
paragraphs
apply;
however,
in
the
context
of
the
RCRA
standardized
permit,
the
reference
to
the
public
comment
period
is
§
124.208
instead
of
§
124.10.

(
9)
Section
124.9
Administrative
record
for
draft
permits
when
EPA
is
the
permitting
authority.

All
paragraphs
apply;
however,
in
the
context
of
the
RCRA
standardized
permit,
the
reference
to
draft
permits
is
§
24.204(
c)
instead
of
§
124.6.

(
10)
Section
124.10
Public
notice
of
permit
actions
and
public
comment
period.
Only
§
§
124.10(
c)(
1)(
ix)
and
(
c)(
1)(
x)(
A)
apply
to
the
RCRA
standardized
permit.
Most
of
§
124.10
does
not
apply
to
the
RCRA
standardized
permit;
§
§
124.207,
124.208,
and
124.209
apply
instead.

§
124.205
What
must
I
do
as
the
Director
of
the
regulatory
agency
to
prepare
a
final
standardized
permit?

As
Director
of
the
regulatory
agency,
you
must
consider
all
comments
received
during
the
public
comment
period
(
see
§
124.208)
in
making
your
final
permit
decision.
In
addition,
many
requirements
in
subpart
A
of
this
part
apply
to
the
public
comment
period,
public
hearings,
and
preparation
of
your
final
permit
decision.
In
preparing
a
final
permit
decision,
the
following
provisions
of
subpart
A
of
this
part
apply
(
subject
to
the
following
modifications):

(
a)
Section
124.1
Purpose
and
Scope.
All
paragraphs.

(
b)
Section
124.2
Definitions.
All
paragraphs.

(
c)
Section
124.11
Public
comments
and
requests
for
public
hearings.
This
section
does
not
apply
to
the
RCRA
standardized
permit;
the
procedures
in
§
124.208
apply
instead.
110
(
d)
Section
124.12
Public
hearings.
Paragraphs
(
b),
(
c),
and
(
d)
apply.

(
e)
Section
124.13
Obligation
to
raise
issues
and
provide
information
during
the
public
comment
period.
The
entire
section
applies;
however,
in
the
context
of
the
RCRA
standardized
permit,
the
reference
to
the
public
comment
period
is
§
124.208
instead
of
§
124.10.

(
f)
Section124.14
Reopening
of
the
public
comment
period.
All
paragraphs
apply;
however,
in
the
context
of
the
RCRA
standardized
permit,
use
the
following
reference:
in
§
124.14(
b)(
1)
use
reference
to
§
124.204
instead
of
§
124.6;
in
§
124.14(
b)(
3)
use
reference
to
§
124.208
instead
of
§
124.10;
in
§
124.14(
c)
use
reference
to
§
124.207
instead
of
§
124.10.

(
g)
Section
124.15
Issuance
and
effective
date
of
permit.
All
paragraphs
apply,
however,
in
the
context
of
the
RCRA
standardized
permit,
the
reference
to
the
public
comment
period
is
§
124.208
instead
of
§
124.10.

(
h)
Section
124.16
Stays
of
contested
permit
conditions.
All
paragraphs
apply.

(
i)
Section
124.17
Response
to
comments.
This
section
does
not
apply
to
the
RCRA
standardized
permit;
procedures
in
§
124.209
apply
instead.

(
j)
Section
124.18
Administrative
record
for
final
permit
when
EPA
is
the
permitting
authority.

All
paragraphs
apply,
however,
use
reference
to
§
124.209
instead
of
§
124.17.

(
k)
Section
124.19
Appeal
of
RCRA,
UIC,
NPDES,
and
PSD
permits.
All
paragraphs
apply.

(
l)
Section
124.20
Computation
of
time.
All
paragraphs
apply.

§
124.206
In
what
situations
may
I
require
a
facility
owner
or
operator
to
apply
for
an
individual
permit?

(
a)
Cases
where
you
may
determine
that
a
facility
is
not
eligible
for
the
standardized
permit
include,
but
are
not
limited
to,
the
following:

(
1)
The
facility
does
not
meet
the
criteria
in
§
124.201.

(
2)
The
facility
has
a
demonstrated
history
of
significant
non­
compliance
with
regulations
or
permit
conditions.

(
3)
The
facility
has
a
demonstrated
history
of
submitting
incomplete
or
deficient
permit
application
information.

(
4)
The
facility
has
submitted
an
incomplete
or
inadequate
materials
with
the
Notice
of
Intent.
111
(
b)
If
you
determine
that
a
facility
is
not
eligible
for
the
standardized
permit,
you
must
inform
the
facility
owner
or
operator
that
they
must
apply
for
an
individual
permit.

(
c)
You
may
require
any
facility
that
has
a
standardized
permit
to
apply
for
and
obtain
an
individual
RCRA
permit.
Any
interested
person
may
petition
you
to
take
action
under
this
paragraph.
Cases
where
you
may
require
an
individual
RCRA
permit
include,
but
are
not
limited
to,
the
following:

(
1)
The
facility
is
not
in
compliance
with
the
terms
and
conditions
of
the
standardized
RCRA
permit.

(
2)
Circumstances
have
changed
since
the
time
the
facility
owner
or
operator
applied
for
the
standardized
permit,
so
that
the
facility's
hazardous
waste
management
practices
are
no
longer
appropriately
controlled
under
the
standardized
permit.

(
d)
You
may
require
any
facility
authorized
by
a
standardized
permit
to
apply
for
an
individual
RCRA
permit
only
if
you
have
notified
the
facility
owner
or
operator
in
writing
that
an
individual
permit
application
is
required.
You
must
include
in
this
notice
a
brief
statement
of
the
reasons
for
your
decision,
a
statement
setting
a
deadline
for
the
owner
or
operator
to
file
the
application,
and
a
statement
that,
on
the
effective
date
of
the
individual
RCRA
permit,
the
facility's
standardized
permit
automatically
terminates.
You
may
grant
additional
time
upon
request
from
the
facility
owner
or
operator.

(
e)
When
you
issue
an
individual
RCRA
permit
to
an
owner
or
operator
otherwise
subject
to
a
standardized
RCRA
permit,
the
standardized
permit
for
their
facility
will
automatically
cease
to
apply
on
the
effective
date
of
the
individual
permit.

Opportunities
for
Public
Involvement
in
the
Standardized
Permit
Process
§
124.207
What
are
the
requirements
for
public
notices?
112
(
a)
You,
as
the
Director,
must
provide
public
notice
of
your
draft
permit
decision
and
must
provide
an
opportunity
for
the
public
to
submit
comments
and
request
a
hearing
on
that
decision.

You
must
provide
the
public
notice
to:

(
1)
The
applicant;

(
2)
Any
other
agency
which
you
know
has
issued
or
is
required
to
issue
a
RCRA
permit
for
the
same
facility
or
activity
(
including
EPA
when
the
draft
permit
is
prepared
by
the
State);

(
3)
Federal
and
State
agencies
with
jurisdiction
over
fish,
shellfish,
and
wildlife
resources
and
over
coastal
zone
management
plans,
the
Advisory
Council
on
Historic
Preservation,
State
Historic
Preservation
Officers,
including
any
affected
States;

(
4)
To
everyone
on
the
facility
mailing
list
developed
according
to
the
requirements
in
§
124.10(
c)(
1)(
ix);
and
(
5)
To
any
units
of
local
government
having
jurisdiction
over
the
area
where
the
facility
is
proposed
to
be
located
and
to
each
State
agency
having
any
authority
under
State
law
with
respect
to
the
construction
or
operation
of
the
facility.

(
b)
You
must
issue
the
public
notice
according
to
the
following
methods:

(
1)
Publication
in
a
daily
or
weekly
major
local
newspaper
of
general
circulation
and
broadcast
over
local
radio
stations;

(
2)
When
the
program
is
being
administered
by
an
approved
State,
in
a
manner
constituting
legal
notice
to
the
public
under
State
law;
and
(
3)
Any
other
method
reasonably
calculated
to
give
actual
notice
of
the
draft
permit
decision
to
the
persons
potentially
affected
by
it,
including
press
releases
or
any
other
forum
or
medium
to
elicit
public
participation.

(
c)
You
must
include
the
following
information
in
the
public
notice:

(
1)
The
name
and
telephone
number
of
the
contact
person
at
the
facility.

(
2)
The
name
and
telephone
number
of
your
contact
office,
and
a
mailing
address
to
which
people
may
direct
comments,
information,
opinions,
or
inquiries.

(
3)
An
address
to
which
people
may
write
to
be
put
on
the
facility
mailing
list.

(
4)
The
location
where
people
may
view
and
make
copies
of
the
draft
standardized
permit
and
the
Notice
of
Intent
and
supporting
documents.
113
(
5)
A
brief
description
of
the
facility
and
proposed
operations,
including
the
address
or
a
map
(
for
example,
a
sketched
or
copied
street
map)
of
the
facility
location
on
the
front
page
of
the
notice.

(
6)
The
date
that
the
facility
owner
or
operator
submitted
the
Notice
of
Intent
and
supporting
documents.

(
d)
At
the
same
time
that
you
issue
the
public
notice
under
this
section,
you
must
place
the
draft
standardized
permit
(
including
both
the
uniform
portion
and
the
supplemental
portion,
if
any),
the
Notice
of
Intent
and
supporting
documents,
and
the
statement
of
basis
or
fact
sheet
in
a
location
accessible
to
the
public
in
the
vicinity
of
the
facility
or
at
your
office.

§
124.208
What
are
the
opportunities
for
public
comments
and
hearings
on
draft
permit
decisions?

(
a)
The
public
notice
that
you
issue
under
§
124.207
must
allow
at
least
45
days
for
people
to
submit
written
comments
on
your
draft
permit
decision.
This
time
is
referred
to
as
the
public
comment
period.
You
must
automatically
extend
the
public
comment
period
to
the
close
of
any
public
hearing
under
this
section.
The
hearing
officer
may
also
extend
the
comment
period
by
so
stating
at
the
hearing.

(
b)
During
the
public
comment
period,
any
interested
person
may
submit
written
comments
on
the
draft
permit
and
may
request
a
public
hearing.
If
someone
wants
to
request
a
public
hearing,

they
must
submit
their
request
in
writing
to
you.
Their
request
must
state
the
nature
of
the
issues
they
propose
to
raise
during
the
hearing.

(
c)
You
must
hold
a
public
hearing
whenever
you
receive
a
written
notice
of
opposition
to
a
standardized
permit
and
a
request
for
a
hearing
within
the
public
comment
period
under
paragraph
(
a)
of
this
section.
You
may
also
hold
a
public
hearing
at
your
discretion,
whenever,
for
instance,

such
a
hearing
might
clarify
one
or
more
issues
involved
in
the
permit
decision.

(
d)
Whenever
possible,
you
must
schedule
a
hearing
under
this
section
at
a
location
convenient
to
the
nearest
population
center
to
the
facility.
You
must
give
public
notice
of
the
hearing
at
least
30
days
before
the
date
set
for
the
hearing.
(
You
may
give
the
public
notice
of
the
hearing
at
the
same
time
you
provide
public
notice
of
the
draft
permit,
and
you
may
combine
the
two
notices.)
114
(
e)
You
must
give
public
notice
of
the
hearing
according
to
the
methods
in
§
124.207(
a)
and
(
b).

The
hearing
must
be
conducted
according
to
the
procedures
in
§
124.12(
b),
(
c),
and
(
d).

(
f)
In
their
written
comments
and
during
the
public
hearing,
if
held,
interested
parties
may
provide
comments
on
the
draft
permit
decision.
These
comments
may
include,
but
are
not
limited
to,
the
facility's
eligibility
for
the
standardized
permit,
the
tentative
supplemental
conditions
you
proposed,
and
the
need
for
additional
supplemental
conditions.

§
124.209
What
are
the
requirements
for
responding
to
comments?

(
a)
At
the
time
you
issue
a
final
standardized
permit,
you
must
also
respond
to
comments
received
during
the
public
comment
period
on
the
draft
permit.
Your
response
must:

(
1)
Specify
which
additional
conditions
(
i.
e.,
those
in
the
supplemental
portion),
if
any,
you
changed
in
the
final
permit,
and
the
reasons
for
the
change.

(
2)
Briefly
describe
and
respond
to
all
significant
comments
on
the
facility's
ability
to
meet
the
general
requirements
(
i.
e.,
those
terms
and
conditions
in
the
uniform
portion)
and
on
any
additional
conditions
necessary
to
protect
human
health
and
the
environment
raised
during
the
public
comment
period
or
during
the
hearing.

(
3)
Make
the
comments
and
responses
accessible
to
the
public
(
b)
You
may
request
additional
information
from
the
facility
owner
or
operator
or
inspect
the
facility
if
you
need
additional
information
to
adequately
respond
to
significant
comments
or
to
make
decisions
about
conditions
you
may
need
to
add
to
the
supplemental
portion
of
the
standardized
permit.

(
c)
If
you
are
the
Director
of
an
EPA
permitting
agency,
you
must
include
in
the
administrative
record
for
your
final
permit
decision
any
documents
cited
in
the
response
to
comments.
If
new
points
are
raised
or
new
material
supplied
during
the
public
comment
period,
you
may
document
your
response
to
those
matters
by
adding
new
materials
to
the
administrative
record.

§
124.210
May
I,
as
an
interested
party
in
the
permit
process,
appeal
a
final
standardized
permit?
115
You
may
petition
for
administrative
review
of
the
Director's
final
permit
decision,
including
his
or
her
decision
that
the
facility
is
eligible
for
the
standardized
permit,
according
to
the
procedures
of
§
124.19.
However,
the
terms
and
conditions
of
the
uniform
portion
of
the
standardized
permit
are
not
subject
to
administrative
review
under
this
provision.

Maintaining
a
Standardized
Permit
§
124.211
What
types
of
changes
may
I
make
to
my
standardized
permit?

You
may
make
both
routine
changes,
routine
changes
with
prior
Agency
approval,
and
significant
changes.
For
the
purposes
of
this
section:

(
a)
"
Routine
changes"
are
any
changes
to
the
standardized
permit
that
qualify
as
a
class
1
permit
modification
(
without
prior
Agency
approval)
under
40
CFR
270.42,
Appendix
I,
and
(
b)
"
Routine
changes
with
prior
Agency
approval"
are
for
those
changes
to
the
standardized
permit
that
would
qualify
as
a
class
1
modification
with
prior
agency
approval,
or
a
class
2
permit
modification
under
40
CFR
270.42,
Appendix
I,
and
(
c)
"
Significant
changes"
are
any
changes
to
the
standardized
permit
that
(
1)
Qualify
as
a
class
3
permit
modification
under
40
CFR
270.42,
Appendix
I,

(
2)
Are
not
explicitly
identified
in
40
CFR
270.42,
Appendix
I,
or
(
3)
Amend
any
terms
or
conditions
in
the
supplemental
portion
of
your
standardized
permit.

§
124.212
What
procedures
must
I
follow
to
make
routine
changes?

(
a)
You
can
make
routine
changes
to
the
standardized
permit
without
obtaining
approval
from
the
Director.
However,
you
must
first
determine
whether
the
routine
change
you
will
make
amends
the
information
you
submitted
under
40
CFR
270.275
with
your
Notice
of
Intent
to
operate
under
the
standardized
permit.

(
b)
If
the
routine
changes
you
make
amend
the
information
you
submitted
under
40
CFR
270.275
with
your
Notice
of
Intent
to
operate
under
the
standardized
permit,
then
before
you
make
the
routine
changes
you
must:
116
(
1)
Submit
to
the
Director
the
revised
information
pursuant
to
40
CFR
270.275(
a),
and
(
2)
Provide
notice
of
the
changes
to
the
facility
mailing
list
and
to
state
and
local
governments
in
accordance
with
the
procedures
in
§
124.10(
c)(
1)(
ix)
and
(
x).

§
124.213
What
procedures
must
I
follow
to
make
routine
changes
with
prior
Agency
approval?

(
a)
Routine
changes
to
the
standardized
permit
with
prior
Agency
approval
may
only
be
made
with
the
prior
written
approval
of
the
Director.

(
b)
You
must
also
follow
the
procedures
in
§
124.212(
b)(
1)
­
(
2)

§
124.214
What
procedures
must
I
follow
to
make
significant
changes?

(
a)
You
must
first
provide
notice
of
and
conduct
a
public
meeting.

(
1)
Public
Meeting.
You
must
hold
a
meeting
with
the
public
to
solicit
questions
from
the
community
and
inform
the
community
of
your
proposed
modifications
to
your
hazardous
waste
management
activities.
You
must
post
a
sign­
in
sheet
or
otherwise
provide
a
voluntary
opportunity
for
people
attending
the
meeting
to
provide
their
names
and
addresses.

(
2)
Public
Notice.
At
least
30
days
before
you
plan
to
hold
the
meeting,
you
must
issue
a
public
notice
in
accordance
with
the
requirements
of
§
124.31(
d).

(
b)
After
holding
the
public
meeting,
you
must
submit
a
modification
request
to
the
Director
that:

(
1)
Describes
the
exact
change(
s)
you
want
and
whether
they
are
changes
to
information
you
provided
under
40
CFR
270.275
or
to
terms
and
conditions
in
the
supplemental
portion
of
your
standardized
permit;

(
2)
Explain
why
the
modification
is
needed,
and
(
3)
Includes
a
summary
of
the
public
meeting
under
paragraph
(
a)
of
this
section,
along
with
the
list
of
attendees
and
their
addresses
and
copies
of
any
written
comments
or
materials
they
submitted
at
the
meeting.
117
(
c)
Once
the
Director
receives
your
modification
request,
he
or
she
must
make
a
tentative
determination
within
120
days
to
approve
or
disapprove
your
request.
You
are
allowed
a
one
time
extension
of
30
days
to
prepare
the
draft
permit
decision.
When
the
use
of
the
30­
day
extension
is
anticipated,
you
should
inform
the
permit
applicant
during
the
initial
120­
day
review
period.

(
d)
After
the
Director
makes
this
tentative
determination,
the
procedures
in
§
124.205
and
§
§
124.207
through
124.210
for
processing
an
initial
request
for
coverage
under
the
standardized
permit
apply
to
making
the
final
determination
on
the
modification
request.
118
PART
260­­
HAZARDOUS
WASTE
MANAGEMENT
SYSTEM:
GENERAL
8.
The
authority
citation
for
Part
260
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
6905,
6912(
a),
6921­
6927,
6930,
6934,
6935,
6937,
and
6974.

9.
In
Section
260.10,
the
first
sentence
of
paragraph
(
2)
of
the
definition
of
"
facility"
is
revised
to
read
as
follows:

Section
260.10
Definitions
*
*
*
*
*

Facility
*
*
*

(
2)
For
the
purpose
of
implementing
corrective
action
under
40
CFR
264.101
or
267.101,
all
contiguous
property
under
the
control
of
the
owner
or
operator
seeking
a
permit
under
subtitle
C
of
RCRA.
*
*
*

*
*
*
*
*

PART
261
 
IDENTIFICATION
AND
LISTING
OF
HAZARDOUS
WASTE
10.
The
authority
citation
for
Part
261
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
6905,
6912(
a),
6921,
6922,
6924(
y),
and
6938.

11.
In
Section
261.7(
a)(
1),
the
first
sentence
is
revised
to
read
as
follows:

Section
261.7
Residues
of
hazardous
waste
in
empty
containers
*
*
*
*
*

(
a)(
1)
Any
hazardous
waste
remaining
in
either
(
i)
an
empty
container
or
(
ii)
an
inner
liner
removed
from
an
empty
container,
as
defined
in
paragraph
(
b)
of
this
section,
is
not
subject
to
regulation
under
parts
261
through
265,
267,
268,
270,
or
124
this
chapter
or
to
the
notification
requirements
of
section
3010
of
RCRA.

*
*
*
*
*
119
12.
The
authority
citation
for
Part
267
will
read
as
follows:

Authority:
42
U.
S.
C.
6902,
6912(
a),
6924
­
6926,
and
6930.

13.
Part
267
is
added
to
read
as
follows:

PART
267­­
STANDARDS
FOR
OWNERS
AND
OPERATORS
OF
HAZARDOUS
WASTE
FACILITIES
OPERATING
UNDER
A
STANDARDIZED
PERMIT
Subpart
A­­
General
Section
267.1
What
are
the
purpose,
scope
and
applicability
of
this
part?

267.2
What
is
the
relationship
to
interim
status
standards?

267.3
How
does
this
part
affect
an
imminent
hazard
action?

Subpart
B­­
General
Facility
Standards
267.10
Does
this
subpart
apply
to
me?

267.11
What
must
I
do
to
comply
with
this
subpart?

267.12
How
do
I
obtain
an
identification
number?

267.13
What
are
my
waste
analysis
requirements?

267.14
What
are
my
security
requirements?

267.15
What
are
my
general
inspection
requirements?

267.16
What
training
must
my
employees
have?

267.17
What
are
the
requirements
for
managing
ignitable,
reactive,
or
incompatible
wastes?

267.18
What
are
the
standards
for
selecting
the
location
of
my
facility?

Subpart
C­­
Preparedness
and
Prevention
267.30
Does
this
subpart
apply
to
me?

267.31
What
are
the
general
design
and
operation
standards?

267.32
What
equipment
am
I
required
to
have?

267.33
What
are
the
testing
and
maintenance
requirements
for
the
equipment?

267.34
When
must
personnel
have
access
to
communication
equipment
or
an
alarm
system?

267.35
How
do
I
ensure
access
for
personnel
and
equipment
during
emergencies?

267.36
What
arrangements
must
I
make
with
local
authorities
for
emergencies?

Subpart
D­­
Contingency
Plan
and
Emergency
Procedures
267.50
Does
this
subpart
apply
to
me?
120
267.51
What
is
the
purpose
of
the
contingency
plan
and
how
do
I
use
it?

267.52
What
must
be
in
the
contingency
plan?

267.53
Who
must
have
copies
of
the
contingency
plan?

267.54
When
must
I
amend
the
contingency
plan?

267.55
What
is
the
role
of
the
emergency
coordinator?

267.56
What
are
the
required
emergency
procedures
for
the
emergency
coordinator?

267.57
What
must
the
emergency
coordinator
do
after
an
emergency?

267.58
What
notification
and
recordkeeping
must
I
do
after
an
emergency?

Subpart
E
Manifest
System,
Recordkeeping,
Reporting,
and
Notifying
267.70
Does
this
subpart
apply
to
me?

267.71
Use
of
the
manifest
system
267.72
Manifest
discrepancies
267.73
What
information
must
I
keep?

267.74
Who
sees
the
records?

267.75
What
reports
must
I
prepare
and
to
whom
do
I
send
them?

267.76
What
notifications
must
I
make?

Subpart
F­­
Releases
from
Solid
Waste
Management
Units
267.90
Who
must
comply
with
this
section?

267.91­
267.100
[
Reserved]

267.101
What
must
I
do
to
address
corrective
action
for
solid
waste
management
units?

Subpart
G­­
Closure
267.110
Does
this
subpart
apply
to
me?

267.111
What
general
standards
must
I
meet
when
I
stop
operating
the
unit?

267.112
What
procedures
must
I
follow?

267.113
Will
the
public
have
the
opportunity
to
comment
on
the
plan?

267.114
What
happens
if
the
plan
is
not
approved?

267.115
After
I
stop
operating,
how
long
until
I
must
close?

267.116
What
must
I
do
with
contaminated
equipment,
structure,
and
soils?

267.117
How
do
I
certify
closure?

Subpart
H­­
Financial
Requirements
267.140
Who
must
comply
with
this
subpart,
and
briefly,
what
do
they
have
to
do?

267.141
Definitions
of
terms
as
used
in
this
subpart.
121
267.142
Cost
estimate
for
closure.

267.143
Financial
assurance
for
closure.

267.147
Liability
requirements.

267.148
Incapacity
of
owners
or
operators,
guarantors,
or
financial
institutions.

267.150
State
assumption
of
responsibility.

267.151
Wording
of
the
instruments
Subpart
I­­
Use
and
Management
of
Containers
267.170
Does
this
subpart
apply
to
me?

267.171
What
standards
apply
to
the
containers?

267.172
What
are
the
inspection
requirements?

267.173
What
standards
apply
to
the
container
storage
areas?

267.174
What
special
requirements
must
I
meet
for
ignitable
or
reactive
waste?

267.175
What
special
requirements
must
I
meet
for
incompatible
wastes?

267.176
What
must
I
do
when
I
want
to
stop
using
the
containers?

267.177
What
air
emission
standards
apply?

Subpart
J­­
Tank
Systems
267.190
Does
this
subpart
apply
to
me?

267.191
What
are
the
required
design
and
construction
standards
for
new
tank
systems
or
components?

267.192
What
handling
and
inspection
procedures
must
I
follow
during
installation
of
new
tank
systems?

267.193
What
testing
must
I
do?

267.194
What
installation
requirements
must
I
follow?

267.195
What
are
the
secondary
containment
requirements?

267.196
What
are
the
required
devices
for
secondary
containment
and
what
are
their
design,

operating
and
installation
requirements?

267.197
What
are
the
requirements
for
ancillary
equipment?

267.198
What
are
the
general
operating
requirements
for
my
tank
systems?

267.199
What
inspection
requirements
must
I
meet?

267.200
What
must
I
do
in
case
of
a
leak
or
a
spill?

267.201
What
must
I
do
when
I
stop
operating
the
tank
system?

267.202
What
special
requirements
must
I
meet
for
ignitable
or
reactive
wastes?
122
267.203
What
special
requirements
must
I
meet
for
incompatible
wastes?

267.204
What
air
emission
standards
apply?

Subparts
K
Through
CC
[
Reserved]

Subpart
DD­­
Containment
buildings
267.1100
Does
this
subpart
apply
to
me?

267.1101
What
design
and
operating
standards
must
my
containment
building
meet?

267.1102
What
other
requirements
must
I
meet
to
prevent
releases?

267.1103
What
additional
design
and
operating
standards
apply
if
liquids
will
be
in
my
containment
building?

267.1104
How
may
I
obtain
a
waiver
from
secondary
containment
requirements?

267.1105
What
do
I
do
if
my
containment
building
contains
areas
both
with
and
without
secondary
containment?

267.1106
What
do
I
do
if
I
detect
a
release?

267.1107
Can
a
containment
building
itself
be
considered
secondary
containment?

267.1108
What
must
I
do
when
I
stop
operating
the
containment
building?

Authority:
42
U.
S.
C.
6902,
6912(
a),
6924­
6926,
and
6930.

Subpart
A­­
General
Section
267.1
What
are
the
purpose,
scope
and
applicability
of
this
part?

(
a)
The
purpose
of
this
part
is
to
establish
minimum
national
standards
which
define
the
acceptable
management
of
hazardous
waste
under
a
40
CFR
part
270,
subpart
J
standardized
permit.

(
b)
This
part
applies
to
owners
and
operators
of
facilities
who
treat
or
store
hazardous
waste
under
a
40
CFR
part
270,
subpart
J
standardized
permit,
except
as
provided
otherwise
in
40
CFR
part
261,
subpart
A,
or
40
CFR
264.1(
f)
and
(
g).

Section
267.2
What
is
the
relationship
to
interim
status
standards?

If
you
are
a
facility
owner
or
operator
who
has
fully
complied
with
the
requirements
for
interim
status­­
as
defined
in
section
3005(
e)
of
RCRA
and
regulations
under
40
CFR
270.70­­
you
must
123
comply
with
the
regulations
specified
in
40
CFR
part
265
instead
of
the
regulations
in
this
part,

until
final
administrative
disposition
of
the
standardized
permit
application
is
made,
except
as
provided
under
40
CFR
part
264,
subpart
S.

Section
267.3
How
does
this
part
affect
an
imminent
hazard
action?

Notwithstanding
any
other
provisions
of
this
part,
enforcement
actions
may
be
brought
pursuant
to
section
7003
of
RCRA.

Subpart
B­­
General
Facility
Standards
Section
267.10
Does
this
subpart
apply
to
me?

This
subpart
applies
to
you
if
you
own
or
operate
a
facility
that
treats
or
stores
hazardous
waste
under
a
40
CFR
part
270,
subpart
J
standardized
permit,
except
as
provided
in
Sec.
267.1(
b).

Section
267.11
What
must
I
do
to
comply
with
this
subpart?

To
comply
with
this
subpart,
you
must
obtain
an
identification
number,
and
follow
the
requirements
below
for
waste
analysis,
security,
inspections,
training,
special
waste
handling,
and
location
standards.

Section
267.12
How
do
I
obtain
an
identification
number?

You
must
apply
to
EPA
for
an
EPA
identification
number
following
the
EPA
notification
procedures
and
using
EPA
form
8700­
12.
You
may
obtain
information
and
required
forms
from
your
state
hazardous
waste
regulatory
agency
or
from
your
EPA
regional
office.

Section
267.13
What
are
my
waste
analysis
requirements?

(
a)
Before
you
treat
or
store
any
hazardous
wastes,
you
must
obtain
a
detailed
chemical
and
physical
analysis
of
a
representative
sample
of
the
wastes.
At
a
minimum,
the
analysis
must
contain
all
the
information
needed
to
treat
or
store
the
waste
to
comply
with
this
part
and
40
CFR
part
268.
124
(
1)
You
may
include
data
in
the
analysis
that
was
developed
under
40
CFR
part
261,
and
published
or
documented
data
on
the
hazardous
waste
or
on
hazardous
waste
generated
from
similar
processes.

(
2)
You
must
repeat
the
analysis
as
necessary
to
ensure
that
it
is
accurate
and
up
to
date.
At
a
minimum,
you
must
repeat
the
analysis
if
the
process
or
operation
generating
the
hazardous
wastes
has
changed.

(
b)
You
must
develop
and
follow
a
written
waste
analysis
plan
that
describes
the
procedures
you
will
follow
to
comply
with
paragraph
(
a)
of
this
section.
You
must
keep
this
plan
at
the
facility.
If
you
receive
wastes
generated
from
off­
site,
and
are
eligible
for
a
standardized
permit,
you
also
must
have
submitted
the
waste
analysis
plan
with
the
Notice
of
Intent.
At
a
minimum,
the
plan
must
specify
all
of
the
following:

(
1)
The
hazardous
waste
parameters
that
you
will
analyze
and
the
rationale
for
selecting
these
parameters
(
that
is,
how
analysis
for
these
parameters
will
provide
sufficient
information
on
the
waste's
properties
to
comply
with
paragraph
(
a)
of
this
section).

(
2)
The
test
methods
you
will
use
to
test
for
these
parameters.

(
3)
The
sampling
method
you
will
use
to
obtain
a
representative
sample
of
the
waste
to
be
analyzed.
You
may
obtain
a
representative
sample
using
either:

(
i)
One
of
the
sampling
methods
described
in
appendix
I
of
40
CFR
part
261;
or
(
ii)
An
equivalent
sampling
method.

(
4)
How
frequently
you
will
review
or
repeat
the
initial
analysis
of
the
waste
to
ensure
that
the
analysis
is
accurate
and
up
to
date.

(
5)
Where
applicable,
the
methods
you
will
use
to
meet
the
additional
waste
analysis
requirements
for
specific
waste
management
methods
as
specified
in
40
CFR
264.17,
264.1034(
d),

264.1063(
d),
and
264.1083.

Section
267.14
What
are
my
security
requirements?

(
a)
You
must
prevent,
and
minimize
the
possibility
for,
livestock
and
unauthorized
people
from
entering
the
active
portion
of
your
facility.

(
b)
Your
facility
must
have:
125
(
1)
A
24­
hour
surveillance
system
(
for
example,
television
monitoring
or
surveillance
by
guards
or
facility
personnel)
that
continuously
monitors
and
controls
entry
onto
the
active
portion
of
the
facility;
or
(
2)
An
artificial
or
natural
barrier
(
for
example,
a
fence
in
good
repair
or
a
fence
combined
with
a
cliff)
that
completely
surrounds
the
active
portion
of
the
facility;
and
(
3)
A
means
to
control
entry,
at
all
times,
through
the
gates
or
other
entrances
to
the
active
portion
of
the
facility
(
for
example,
an
attendant,
television
monitors,
locked
entrance,
or
controlled
roadway
access
to
the
facility).

(
c)
You
must
post
a
sign
at
each
entrance
to
the
active
portion
of
a
facility,
and
at
other
prominent
locations,
in
sufficient
numbers
to
be
seen
from
any
approach
to
this
active
portion.
The
sign
must
bear
the
legend
"
Danger­­
Unauthorized
Personnel
Keep
Out."
The
legend
must
be
in
English
and
in
any
other
language
predominant
in
the
area
surrounding
the
facility
(
for
example,

facilities
in
counties
bordering
the
Canadian
province
of
Quebec
must
post
signs
in
French,
and
facilities
in
counties
bordering
Mexico
must
post
signs
in
Spanish),
and
must
be
legible
from
a
distance
of
at
least
25
feet.
You
may
use
existing
signs
with
a
legend
other
than
"
Danger­­
Unauthorized
Personnel
Keep
Out"
if
the
legend
on
the
sign
indicates
that
only
authorized
personnel
are
allowed
to
enter
the
active
portion,
and
that
entry
onto
the
active
portion
can
be
dangerous.

Section
267.15
What
are
my
general
inspection
requirements?

(
a)
You
must
inspect
your
facility
for
malfunctions
and
deterioration,
operator
errors,
and
discharges
that
may
be
causing,
or
may
lead
to:

(
1)
Release
of
hazardous
waste
constituents
to
the
environment;
or
(
2)
A
threat
to
human
health.
You
must
conduct
these
inspections
often
enough
to
identify
problems
in
time
to
correct
them
before
they
result
in
harm
to
human
health
or
the
environment.

(
b)
You
must
develop
and
follow
a
written
schedule
for
inspecting,
monitoring
equipment,

safety
and
emergency
equipment,
security
devices,
and
operating
and
structural
equipment
(
such
as
dikes
and
sump
pumps)
that
are
important
to
preventing,
detecting,
or
responding
to
environmental
or
human
health
hazards.

(
1)
You
must
keep
this
schedule
at
the
facility.
126
(
2)
The
schedule
must
identify
the
equipment
and
devices
you
will
inspect
and
what
problems
you
look
for,
such
as
malfunctions
or
deterioration
of
equipment
(
for
example,
inoperative
sump
pump,
leaking
fitting,
etc.).

(
3)
The
frequency
of
your
inspections
may
vary
for
the
items
on
the
schedule.
However,
the
frequency
should
be
based
on
the
rate
of
deterioration
of
the
equipment
and
the
probability
of
an
environmental
or
human
health
incident
if
the
deterioration,
malfunction,
or
any
operator
error
goes
undetected
between
inspections.
Areas
subject
to
spills,
such
as
loading
and
unloading
areas,

must
be
inspected
daily
when
in
use.
At
a
minimum,
the
inspection
schedule
must
include
the
items
and
frequencies
required
in
Sections
267.174,
267.193,
267.195,
267.1103,
and
40
CFR
264.1033,

264.1052,
264.1053,
264.1058,
and
264.1083
through
264.1089,
where
applicable.

(
c)
You
must
remedy
any
deterioration
or
malfunction
of
equipment
or
structures
that
the
inspection
reveals
in
time
to
prevent
any
environmental
or
human
health
hazard.
Where
a
hazard
is
imminent
or
has
already
occurred,
you
must
take
remedial
action
immediately.

(
d)
You
must
record
all
inspections.
You
must
keep
these
records
for
at
least
three
years
from
the
date
of
inspection.
At
a
minimum,
you
must
include
the
date
and
time
of
the
inspection,
the
name
of
the
inspector,
a
notation
of
the
observations
made,
and
the
date
and
nature
of
any
repairs
or
other
remedial
actions.

Section
267.16
What
training
must
my
employees
have?

(
a)
Your
facility
personnel
must
successfully
complete
a
program
of
classroom
instruction
or
on­
the­
job
training
that
teaches
them
to
perform
their
duties
in
a
way
that
ensures
the
facility's
compliance
with
the
requirements
of
this
part.
You
must
ensure
that
this
program
includes
all
the
elements
described
in
the
documents
that
are
required
under
paragraph
(
d)(
3)
of
this
section.

(
1)
A
person
trained
in
hazardous
waste
management
procedures
must
direct
this
program,
and
must
teach
facility
personnel
hazardous
waste
management
procedures
(
including
contingency
plan
implementation)
relevant
to
their
employment
positions.

(
2)
At
a
minimum,
the
training
program
must
be
designed
to
ensure
that
facility
personnel
are
able
to
respond
effectively
to
emergencies
by
including
instruction
on
emergency
procedures,

emergency
equipment,
and
emergency
systems,
including
all
of
the
following,
where
applicable:

(
i)
Procedures
for
using,
inspecting,
repairing,
and
replacing
facility
emergency
and
monitoring
equipment
(
ii)
Key
parameters
for
automatic
waste
feed
cut­
off
systems.

(
iii)
Communications
or
alarm
systems.
127
(
iv)
Response
to
fires
or
explosions.

(
v)
Response
to
ground
water
contamination
incidents.

(
vi)
Shutdown
of
operations.

(
b)
Facility
personnel
must
successfully
complete
the
program
required
in
paragraph
(
a)
of
this
section
within
six
months
after
the
date
of
their
employment
or
assignment
to
a
facility,
or
to
a
new
position
at
a
facility,
whichever
is
later.
Employees
hired
after
the
effective
date
of
your
standardized
permit
must
not
work
in
unsupervised
positions
until
they
have
completed
the
training
requirements
of
paragraph
(
a)
of
this
section.

(
c)
Facility
personnel
must
take
part
in
an
annual
review
of
the
initial
training
required
in
paragraph
(
a)
of
this
section.

(
d)
You
must
maintain
the
following
documents
and
records
at
your
facility:

(
1)
The
job
title
for
each
position
at
the
facility
related
to
hazardous
waste
management,
and
the
name
of
the
employee
filling
each
job;

(
2)
A
written
job
description
for
each
position
listed
under
paragraph
(
d)(
1)
of
this
section.
This
description
must
include
the
requisite
skill,
education,
or
other
qualifications,
and
duties
of
employees
assigned
to
each
position;

(
3)
A
written
description
of
the
type
and
amount
of
both
introductory
and
continuing
training
that
will
be
given
to
each
person
filling
a
position
listed
under
paragraph
(
d)(
1)
of
this
section;

(
4)
Records
that
document
that
facility
personnel
have
received
and
completed
the
training
or
job
experience
required
under
paragraphs
(
a),
(
b),
and
(
c)
of
this
section.

(
e)
You
must
keep
training
records
on
current
personnel
until
your
facility
closes.
You
must
keep
training
records
on
former
employees
for
at
least
three
years
from
the
date
the
employee
last
worked
at
your
facility.
Personnel
training
records
may
accompany
personnel
transferred
within
your
company.

Section
267.17
What
are
the
requirements
for
managing
ignitable,
reactive,
or
incompatible
wastes?

(
a)
You
must
take
precautions
to
prevent
accidental
ignition
or
reaction
of
ignitable
or
reactive
waste
by
following
these
requirements:

(
1)
You
must
separate
these
wastes
and
protect
them
from
sources
of
ignition
or
reaction
such
as:
open
flames,
smoking,
cutting
and
welding,
hot
surfaces,
frictional
heat,
sparks
(
static,
128
electrical,
or
mechanical),
spontaneous
ignition
(
for
example,
from
heat­
producing
chemical
reactions),
and
radiant
heat.

(
2)
While
ignitable
or
reactive
waste
is
being
handled,
you
must
confine
smoking
and
open
flames
to
specially
designated
locations.

(
3)
"
No
Smoking"
signs
must
be
conspicuously
placed
wherever
there
is
a
hazard
from
ignitable
or
reactive
waste.

(
b)
If
you
treat
or
store
ignitable
or
reactive
waste,
or
mix
incompatible
waste
or
incompatible
wastes
and
other
materials,
you
must
take
precautions
to
prevent
reactions
that:

(
1)
Generate
extreme
heat
or
pressure,
fire
or
explosions,
or
violent
reactions.

(
2)
Produce
uncontrolled
toxic
mists,
fumes,
dusts,
or
gases
in
sufficient
quantities
to
threaten
human
health
or
the
environment.

(
3)
Produce
uncontrolled
flammable
fumes
or
gases
in
sufficient
quantities
to
pose
a
risk
of
fire
or
explosions.

(
4)
Damage
the
structural
integrity
of
the
device
or
facility.

(
5)
Threaten
human
health
or
the
environment
in
any
similar
way.

(
c)
You
must
document
compliance
with
paragraph
(
a)
or
(
b)
of
this
section.
You
may
base
this
documentation
on
references
to
published
scientific
or
engineering
literature,
data
from
trial
tests
(
for
example
bench
scale
or
pilot
scale
tests),
waste
analyses
(
as
specified
in
Section
267.13),
or
the
results
of
the
treatment
of
similar
wastes
by
similar
treatment
processes
and
under
similar
operating
conditions.

Section
267.18
What
are
the
standards
for
selecting
the
location
of
my
facility?

(
a)
You
may
not
locate
portions
of
new
facilities
where
hazardous
waste
will
be
treated
or
stored
within
61
meters
(
200
feet)
of
a
fault
that
has
had
displacement
in
Holocene
time.

(
1)
"
Fault"
means
a
fracture
along
which
rocks
on
one
side
have
been
displaced
with
respect
to
those
on
the
other
side.

(
2)
"
Displacement"
means
the
relative
movement
of
any
two
sides
of
a
fault
measured
in
any
direction.

(
3)
"
Holocene"
means
the
most
recent
epoch
of
the
Quaternary
period,
extending
from
the
end
of
the
Pleistocene
to
the
present.
129
Note
to
paragraph
(
a)(
3):
Procedures
for
demonstrating
compliance
with
this
standard
are
specified
in
40
CFR
270.14(
b)(
11).
Facilities
which
are
located
in
political
jurisdictions
other
than
those
listed
in
appendix
VI
of
40
CFR
part
264,
are
assumed
to
be
in
compliance
with
this
requirement.

(
b)
If
your
facility
is
located
in
a
100­
year
flood
plain,
it
must
be
designed,
constructed,

operated,
and
maintained
to
prevent
washout
of
any
hazardous
waste
by
a
100­
year
flood.

(
1)
"
100­
year
flood
plain"
means
any
land
area
that
is
subject
to
a
one
percent
or
greater
chance
of
flooding
in
any
given
year
from
any
source.

(
2)
"
Washout"
means
the
movement
of
hazardous
waste
from
the
active
portion
of
the
facility
as
a
result
of
flooding.

(
3)
"
100­
year
flood"
means
a
flood
that
has
a
one
percent
chance
of
being
equaled
or
exceeded
in
any
given
year.

Subpart
C­­
Preparedness
and
Prevention
Section
267.30
Does
this
subpart
apply
to
me?

This
subpart
applies
to
you
if
you
own
or
operate
a
facility
that
treats
or
stores
hazardous
waste
under
a
40
CFR
part
270,
subpart
J
standardized
permit,
except
as
provided
in
Section
267.1(
b).

Section
267.31
What
are
the
general
design
and
operation
standards?

You
must
design,
construct,
maintain,
and
operate
your
facility
to
minimize
the
possibility
of
a
fire,
explosion,
or
any
unplanned
sudden
or
non­
sudden
release
of
hazardous
waste
or
hazardous
waste
constituents
to
air,
soil,
or
surface
water
that
could
threaten
human
health
or
the
environment.

Section
267.32
What
equipment
am
I
required
to
have?

Your
facility
must
be
equipped
with
all
of
the
following,
unless
none
of
the
hazards
posed
by
waste
handled
at
the
facility
could
require
a
particular
kind
of
equipment
specified
below:
130
(
a)
An
internal
communications
or
alarm
system
capable
of
providing
immediate
emergency
instruction
(
voice
or
signal)
to
facility
personnel.

(
b)
A
device,
such
as
a
telephone
(
immediately
available
at
the
scene
of
operations)
or
a
hand­
held
two­
way
radio,
capable
of
summoning
emergency
assistance
from
local
police
departments,
fire
departments,
or
State
or
local
emergency
response
teams.

(
c)
Portable
fire
extinguishers,
fire
control
equipment
(
including
special
extinguishing
equipment,
such
as
that
using
foam,
inert
gas,
or
dry
chemicals),
spill
control
equipment,
and
decontamination
equipment.

(
d)
Water
at
adequate
volume
and
pressure
to
supply
water
hose
streams,
or
foam­
producing
equipment,
or
automatic
sprinklers,
or
water
spray
systems.

Section
267.33
What
are
the
testing
and
maintenance
requirements
for
the
equipment?

You
must
test
and
maintain
all
required
facility
communications
or
alarm
systems,
fire
protection
equipment,
spill
control
equipment,
and
decontamination
equipment,
as
necessary,
to
assure
its
proper
operation
in
time
of
emergency.

Section
267.34
When
must
personnel
have
access
to
communication
equipment
or
an
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
the
device
is
not
required
under
Section
267.32.

(
b)
If
just
one
employee
is
on
the
premises
while
the
facility
is
operating,
that
person
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
not
required
under
Section
267.32.

Section
267.35
How
do
I
ensure
access
for
personnel
and
equipment
during
emergencies?

You
must
maintain
enough
aisle
space
to
allow
the
unobstructed
movement
of
personnel,
fire
protection
equipment,
spill
control
equipment,
and
decontamination
equipment
to
any
area
of
131
facility
operation
in
an
emergency,
as
appropriate,
considering
the
type
of
waste
being
stored
or
treated.

Section
267.36
What
arrangements
must
I
make
with
local
authorities
for
emergencies?

(
a)
You
must
attempt
to
make
the
following
arrangements,
as
appropriate,
for
the
type
of
waste
handled
at
your
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
and
roads
inside
the
facility,
and
possible
evacuation
routes.

(
2)
Agreements
designating
primary
emergency
authority
to
a
specific
police
and
a
specific
fire
department
where
more
than
one
police
and
fire
department
might
respond
to
an
emergency,
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.

(
4)
Arrangements
to
familiarize
local
hospitals
with
the
properties
of
hazardous
waste
handled
at
the
facility
and
the
types
of
injuries
or
illnesses
that
could
result
from
fires,
explosions,
or
releases
at
the
facility.

(
b)
If
State
or
local
authorities
decline
to
enter
into
such
arrangements,
you
must
document
the
refusal
in
the
operating
record.

Subpart
D­­
Contingency
Plan
and
Emergency
Procedures
Sec.
267.50
Does
this
subpart
apply
to
me?

This
subpart
applies
to
you
if
you
own
or
operate
a
facility
that
treats
or
stores
hazardous
waste
under
a
40
CFR
part
270,
subpart
J
standardized
permit,
except
as
provided
in
Section
267.1(
b).

Section
267.51
What
is
the
purpose
of
the
contingency
plan
and
how
do
I
use
it?

(
a)
You
must
have
a
contingency
plan
for
your
facility.
You
must
design
the
plan
to
minimize
hazards
to
human
health
or
the
environment
from
fires,
explosions,
or
any
unplanned
sudden
or
132
non­
sudden
release
of
hazardous
waste
or
hazardous
waste
constituents
to
air,
soil,
or
surface
water.

(
b)
You
must
implement
the
provisions
of
the
plan
immediately
whenever
there
is
a
fire,

explosion,
or
release
of
hazardous
waste
or
hazardous
waste
constituents
which
could
threaten
human
health
or
the
environment.

Section
267.52
What
must
be
in
the
contingency
plan?

(
a)
Your
contingency
plan
must:

(
1)
Describe
the
actions
facility
personnel
will
take
to
comply
with
Sections.
267.51
and
267.56
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.

(
2)
Describe
all
arrangements
agreed
upon
under
Section
267.36
by
local
police
departments,

fire
departments,
hospitals,
contractors,
and
state
and
local
emergency
response
teams
to
coordinate
emergency
services.

(
3)
List
names,
addresses,
and
phone
numbers
(
office
and
home)
of
all
persons
qualified
to
act
as
emergency
coordinator
(
see
Section
267.55),
and
you
must
keep
the
list
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.

(
4)
Include
a
current
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.
In
addition,
you
must
include
the
location
and
a
physical
description
of
each
item
on
the
list,
and
a
brief
outline
of
its
capabilities.

(
5)
Include
an
evacuation
plan
for
facility
personnel
where
there
is
a
possibility
that
evacuation
could
be
necessary.
You
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).

(
b)
If
you
have
already
prepared
a
Spill
Prevention,
Control,
and
Countermeasures
(
SPCC)
Plan
under
40
CFR
part
112,
or
some
other
emergency
or
contingency
plan,
you
need
only
amend
that
plan
to
incorporate
hazardous
waste
management
provisions
that
will
comply
with
the
requirements
of
this
part.
133
Section
267.53
Who
must
have
copies
of
the
contingency
plan?

(
a)
You
must
maintain
a
copy
of
the
plan
with
all
revisions
at
the
facility;
and
(
b)
You
must
submit
a
copy
with
all
revisions
to
all
local
police
departments,
fire
departments,

hospitals,
and
state
and
local
emergency
response
teams
that
may
be
called
upon
to
provide
emergency
services.

Section
267.54
When
must
I
amend
the
contingency
plan?

You
must
review,
and
immediately
amend
the
contingency
plan,
if
necessary,
whenever:

(
a)
The
facility
permit
is
revised.

(
b)
The
plan
fails
in
an
emergency.

(
c)
You
change
the
facility
(
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)
You
change
the
list
of
emergency
coordinators.

(
e)
You
change
the
list
of
emergency
equipment.

Section
267.55
What
is
the
role
of
the
emergency
coordinator?

At
least
one
employee
must
be
either
on
the
facility
premises
or
on
call
at
all
times
(
that
is,

available
to
respond
to
an
emergency
by
reaching
the
facility
within
a
short
period
of
time)
who
has
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.

Section
267.56
What
are
the
required
emergency
procedures
for
the
emergency
coordinator?

(
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
alarm
or
communication
systems,
where
applicable,
to
notify
all
facility
personnel,
and
134
(
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:

(
1)
Immediately
identify
the
character,
exact
source,
amount,
and
areal
extent
of
any
released
materials.
He
may
do
this
by
observation
or
review
of
facility
records
or
manifests,
and,
if
necessary,
by
chemical
analysis.

(
2)
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.
For
example,
the
assessment
would
consider
the
effects
of
any
toxic,
irritating,

or
asphyxiating
gases
that
are
generated,
or
the
effects
of
any
hazardous
surface
water
run­
off
from
water
or
chemical
agents
used
to
control
fire
and
heat­
induced
explosions.

(
c)
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,
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
the
reporter.

(
ii)
Name
and
address
of
facility.

(
iii)
Time
and
type
of
incident
(
for
example,
a
release
or
a
fire).

(
iv)
Name
and
quantity
of
material(
s)
involved,
to
the
extent
known.

(
v)
The
extent
of
injuries,
if
any.

(
vi)
The
possible
hazards
to
human
health
or
the
environment
outside
the
facility.

(
d)
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
release
waste,
and
removing
or
isolating
containers.
135
(
e)
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,
when
appropriate.

Section
267.57
What
must
the
emergency
coordinator
do
after
an
emergency?

(
a)
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.

(
b)
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.

(
2)
All
emergency
equipment
listed
in
the
contingency
plan
is
cleaned
and
fit
for
its
intended
use
before
operations
are
resumed.

Section
267.58
What
notification
and
recordkeeping
must
I
do
after
an
emergency?

(
a)
You
must
notify
the
Regional
Administrator,
and
appropriate
State
and
local
authorities,

that
the
facility
is
in
compliance
with
Section
267.57
(
b)
before
operations
are
resumed
in
the
affected
area(
s)
of
the
facility.

(
b)
You
must
note
the
time,
date,
and
details
of
any
incident
that
requires
implementing
the
contingency
plan
in
the
operating
record.
Within
15
days
after
the
incident,
you
must
submit
a
written
report
on
the
incident
to
the
Regional
Administrator.
You
must
include
the
following
in
the
report:

(
1)
The
name,
address,
and
telephone
number
of
the
owner
or
operator.

(
2)
The
name,
address,
and
telephone
number
of
the
facility.

(
3)
The
date,
time,
and
type
of
incident
(
e.
g.,
fire,
explosion).

(
4)
The
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.
136
(
7)
The
estimated
quantity
and
disposition
of
recovered
material
that
resulted
from
the
incident.

Subpart
E­­
Recordkeeping,
Reporting,
and
Notifying
Section
267.70
Does
this
subpart
apply
to
me?

This
subpart
applies
to
you
if
you
own
or
operate
a
facility
that
stores
or
non­
thermally
treats
a
hazardous
waste
under
a
40
CFR
part
270,
subpart
J
standardized
permit,
except
as
provided
in
§
267.1(
b).
In
addition,
you
must
comply
with
the
manifest
requirements
of
40
CFR
part
262
whenever
a
shipment
of
hazardous
waste
is
initiated
from
your
facility.

Section
267.71
Use
of
the
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
§
267.72(
a))
on
each
copy
of
the
manifest;

(
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;
137
(
2)
Note
any
significant
discrepancies
(
as
defined
in
§
267.72(
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
§
267.13(
c)

include
waste
analysis
must
perform
that
analysis
before
signing
the
shipping
paper
and
giving
it
to
the
transporter.

Section
267.72(
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.]

(
d)
Within
three
working
days
of
the
receipt
of
a
shipment
subject
to
40
CFR
part
262,
subpart
H,

the
owner
or
operator
of
the
facility
must
provide
a
copy
of
the
tracking
document
bearing
all
required
signatures
to
the
notifier,
to
the
Office
of
Enforcement
and
Compliance
Assurance,
Office
of
Compliance,
Enforcement
Planning,
Targeting
and
Data
Division
(
2222A),
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460,
and
to
competent
authorities
of
all
other
concerned
countries.
The
original
copy
of
the
tracking
document
must
be
maintained
at
the
facility
for
at
least
three
years
from
the
date
of
signature.

Section
267.72
Manifest
Discrepancies
138
(
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.

Section
267.73
What
information
must
I
keep?

(
a)
You
must
keep
a
written
operating
record
at
your
facility.

(
b)
You
must
record
the
following
information,
as
it
becomes
available,
and
maintain
the
operating
record
until
you
close
the
facility:

(
1)
A
description
and
the
quantity
of
each
type
of
hazardous
waste
generated,
and
the
method(
s)

and
date(
s)
of
its
storage
and/
or
treatment
at
the
facility
as
required
by
Appendix
I
of
40
CFR
part
264;

(
2)
The
location
of
each
hazardous
waste
within
the
facility
and
the
quantity
at
each
location;

(
3)
Records
and
results
of
waste
analyses
and
waste
determinations
you
perform
as
specified
in
Sections
267.13,
267.17,
and
40
CFR
264.1034,
264.1063,
264.1083,
and
268.7;

(
4)
Summary
reports
and
details
of
all
incidents
that
require
you
to
implement
the
contingency
plan
as
specified
in
Section
267.58(
b));

(
5)
Records
and
results
of
inspections
as
required
by
Section
267.15(
d)
(
except
you
need
to
keep
these
data
for
only
three
years);

(
6)
Monitoring,
testing
or
analytical
data,
and
corrective
action
when
required
by
subpart
F
of
this
part
and
Sections
267.191,
267.193,
267.195,
and
40
CFR
264.1034(
c)
through
264.1034(
f),

264.1035,
264.1063(
d)
through
264.1063(
i),
264.1064,
264.1088,
264.1089,
and
264.1090;

(
7)
All
closure
cost
estimates
under
Section
267.142;
139
(
8)
Your
certification,
at
least
annually,
that
you
have
a
program
in
place
to
reduce
the
volume
and
toxicity
of
hazardous
waste
that
you
generate
to
the
degree
that
you
determine
to
be
economically
practicable;
and
that
the
proposed
method
of
treatment
or
storage
is
that
practicable
method
currently
available
to
you
that
minimizes
the
present
and
future
threat
to
human
health
and
the
environment;

(
9)
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
you
under
40
CFR
268.7;
and
(
10)
For
an
on­
site
storage
facility,
the
information
in
the
notice
(
except
the
manifest
number),

and
the
certification
and
demonstration,
if
applicable,
required
by
you
under
40
CFR
268.7.

(
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
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.

Section
267.74
Who
sees
the
records?

(
a)
You
must
furnish
all
records,
including
plans,
required
under
this
part
upon
the
request
of
any
officer,
employee,
or
representative
of
EPA
who
is
duly
designated
by
the
Administrator,
and
make
them
available
at
all
reasonable
times
for
inspection.

(
b)
The
retention
period
for
all
records
required
under
this
part
is
extended
automatically
during
the
course
of
any
unresolved
enforcement
action
involving
the
facility
or
as
requested
by
the
Administrator.

Section
267.75
What
reports
must
I
prepare
and
to
whom
do
I
send
them?

You
must
prepare
a
biennial
report
and
other
reports
listed
in
paragraph
(
b)
of
this
section.

(
a)
Biennial
report.
You
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:

(
1)
The
EPA
identification
number,
name,
and
address
of
the
facility;
140
(
2)
The
calendar
year
covered
by
the
report;

(
3)
The
method
of
treatment
or
storage
for
each
hazardous
waste;

(
4)
The
most
recent
closure
cost
estimate
under
Section
267.142;

(
5)
A
description
of
the
efforts
undertaken
during
the
year
to
reduce
the
volume
and
toxicity
of
generated
waste.

(
6)
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.

(
7)
The
certification
signed
by
you.

(
b)
Additional
reports.
In
addition
to
submitting
the
biennial
reports,
you
must
also
report
to
the
Regional
Administrator:

(
1)
Releases,
fires,
and
explosions
as
specified
in
Sections
267.58(
b);

(
2)
Facility
closures
specified
in
Sections
267.117;
and,

(
3)
As
otherwise
required
by
subparts
I,
J,
and
DD
of
this
part
and
part
264,
subparts
AA,
BB,

CC.

(
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.

Section
267.76
What
notifications
must
I
make?

Before
transferring
ownership
or
operation
of
a
facility
during
its
operating
life,
you
must
notify
the
new
owner
or
operator
in
writing
of
the
requirements
of
this
part
and
40
CFR
part
270,

subpart
J.

Subpart
F­­
Releases
from
Solid
Waste
Management
Units
Section
267.90
Who
must
comply
with
this
section?
141
This
subpart
applies
to
you
if
you
own
or
operate
a
facility
that
treats
or
stores
hazardous
waste
under
a
40
CFR
part
270,
subpart
J
standardized
permit,
except
as
provided
in
Section
267.1(
b),

or
unless
your
facility
already
has
a
permit
that
imposes
requirements
for
corrective
action
under
40
CFR
264.101.

Section
267.91­
267.100
[
Reserved]

Section
267.101
What
must
I
do
to
address
corrective
action
for
solid
waste
management
units?

(
a)
You
must
institute
corrective
action
as
necessary
to
protect
human
health
and
the
environment
for
all
releases
of
hazardous
waste
or
constituents
from
any
solid
waste
management
unit
at
the
facility,
regardless
of
the
time
at
which
waste
was
placed
in
such
unit.

(
b)
The
Regional
Administrator
will
specify
corrective
action
in
the
supplemental
portion
of
your
standardized
permit
in
accordance
with
this
section
and
40
CFR
part
264,
subpart
S.
The
Regional
Administrator
will
include
in
the
supplemental
portion
of
your
standardized
permit
schedules
of
compliance
for
corrective
action
(
where
corrective
action
cannot
be
completed
prior
to
issuance
of
the
permit)
and
assurances
of
financial
responsibility
for
completing
corrective
action.

(
c)
You
must
implement
corrective
action
beyond
the
facility
property
boundary,
where
necessary
to
protect
human
health
and
the
environment,
unless
you
demonstrate
to
the
satisfaction
of
the
Regional
Administrator
that,
despite
your
best
efforts,
you
were
unable
to
obtain
the
necessary
permission
to
undertake
such
actions.
You
are
not
relieved
of
all
responsibility
to
clean
up
a
release
that
has
migrated
beyond
the
facility
boundary
where
off
­
site
access
is
denied.

On­
site
measures
to
address
such
releases
will
be
determined
on
a
case­
by­
case
basis.
You
must
provide
assurances
of
financial
responsibility
for
such
corrective
action.

(
d)
You
do
not
have
to
comply
with
this
section
if
you
are
the
owner
or
operator
of
a
remediation
waste
site
unless
your
site
is
part
of
a
facility
that
is
subject
to
a
permit
for
treating,

storing,
or
disposing
of
hazardous
wastes
that
are
not
remediation
wastes.

Subpart
G­­
Closure
Section
267.110
Does
this
subpart
apply
to
me?
142
This
subpart
applies
to
you
if
you
own
or
operate
a
facility
that
treats
or
stores
hazardous
waste
under
a
40
CFR
part
270,
subpart
J
standardized
permit,
except
as
provided
in
Section
267.1(
b).

Section
267.111
What
general
standards
must
I
meet
when
I
stop
operating
the
unit?

You
must
close
the
storage
and
treatment
units
in
a
manner
that:

(
a)
Minimizes
the
need
for
further
maintenance;
and
(
b)
Controls,
minimizes,
or
eliminates,
to
the
extent
necessary
to
protect
human
health
and
the
environment,
post­
closure
escape
of
hazardous
waste,
hazardous
constituents,
leachate,

contaminated
run­
off,
or
hazardous
waste
decomposition
products
to
the
ground
or
surface
waters
or
to
the
atmosphere;
and
(
c)
Meets
the
closure
requirements
of
this
subpart
and
the
requirements
of
Sections
267.176,

267.201,
and
267.1108.
If
you
determine
that,
when
applicable,
the
closure
requirements
of
§
267.201(
tanks)
or
§
267.1108
(
containment
buildings)
cannot
be
met,
then
you
must
close
the
unit
in
accordance
with
the
requirements
that
apply
to
landfills
(
§
264.310).
In
addition,
for
the
purposes
of
post­
closure
and
financial
responsibility,
such
a
tank
system
or
containment
building
is
then
considered
to
be
a
landfill,
and
you
must
apply
for
a
post­
closure
care
permit
in
accordance
with
40
CFR
part
270.

Section
267.112
What
procedures
must
I
follow?

(
a)
To
close
a
facility,
you
must
follow
your
approved
closure
plan,
and
follow
notification
requirements.

(
1)
Your
closure
plan
must
be
submitted
at
the
time
you
submitted
your
Notice
of
Intent
to
operate
under
a
standardized
permit.
Final
issuance
of
the
standardized
permit
constitutes
approval
of
the
closure
plan,
and
the
plan
becomes
a
condition
of
the
RCRA
standardized
permit.

(
2)
The
Director's
approval
of
the
plan
must
ensure
that
the
approved
plan
is
consistent
with
§
§
267.111
through
267.115,
267.176,
267.201,
and
267.1108.

(
b)
Satisfy
the
requirements
for
content
of
closure
plan.
The
closure
plan
must
identify
steps
necessary
to
perform
partial
and/
or
final
closure
of
the
facility.
The
closure
plan
must
include,
at
least:

(
1)
A
description
of
how
each
hazardous
waste
management
unit
at
the
facility
subject
to
this
subpart
will
be
closed
following
Section
267.111.
143
(
2)
A
description
of
how
final
closure
of
the
facility
will
be
conducted
in
accordance
with
Section
267.111.
The
description
must
identify
the
maximum
extent
of
the
operations
which
will
be
unclosed
during
the
active
life
of
the
facility.

(
3)
An
estimate
of
the
maximum
inventory
of
hazardous
wastes
ever
on
site
during
the
active
life
of
the
facility
and
a
detailed
description
of
the
methods
you
will
use
during
partial
and/
or
final
closure,
such
as
methods
for
removing,
transporting,
treating,
storing,
or
disposing
of
all
hazardous
wastes,
and
identification
of
the
type(
s)
of
off­
site
hazardous
waste
management
units
to
be
used,
if
applicable.

(
4)
A
detailed
description
of
the
steps
needed
to
remove
or
decontaminate
all
hazardous
waste
residues
and
contaminated
containment
system
components,
equipment,
structures,
and
soils
during
partial
or
final
closure.
These
might
include
procedures
for
cleaning
equipment
and
removing
contaminated
soils,
methods
for
sampling
and
testing
surrounding
soils,
and
criteria
for
determining
the
extent
of
decontamination
required
to
satisfy
the
closure
performance
standard;

(
5)
A
detailed
description
of
other
activities
necessary
during
the
closure
period
to
ensure
that
partial
or
final
closure
satisfies
the
closure
performance
standards.

(
6)
A
schedule
for
closure
of
each
hazardous
waste
management
unit,
and
for
final
closure
of
the
facility.
The
schedule
must
include,
at
a
minimum,
the
total
time
required
to
close
each
hazardous
waste
management
unit
and
the
time
required
for
intervening
closure
activities
that
allow
tracking
of
progress
of
partial
or
final
closure.

(
7)
For
facilities
that
use
trust
funds
to
establish
financial
assurance
under
§
267.143
and
that
are
expected
to
close
prior
to
the
expiration
of
the
permit,
an
estimate
of
the
expected
year
of
final
closure.

(
c)
You
may
submit
a
written
notification
to
the
Director
for
a
permit
modification
to
amend
the
closure
plan
at
any
time
prior
to
the
notification
of
partial
or
final
closure
of
the
facility,
following
the
applicable
procedures
in
parts
124.211.

(
1)
Events
leading
to
a
change
in
the
closure
plan,
and
therefore
requiring
a
modification,
may
include:

(
i.)
A
change
in
the
operating
plan
or
facility
design,

(
ii.)
A
change
in
the
expected
year
of
closure,
if
applicable,
or
(
iii.)
In
conducting
partial
or
final
closure
activities,
an
unexpected
event
requiring
a
modification
of
the
approved
closure
plan.
144
(
2)
The
written
notification
or
request
must
include
a
copy
of
the
amended
closure
plan
for
review
or
approval
by
the
Director.
The
Director
will
approve,
disapprove,
or
modify
this
amended
plan
in
accordance
with
the
procedures
in
parts
124.211
and
270.320.

(
d)
Notification
before
final
closure.
(
1)
You
must
notify
the
Director
in
writing
at
least
45
days
before
the
date
that
you
expect
to
begin
final
closure
of
a
treatment
or
storage
tank,
container
storage
area,
or
containment
building.

(
2)
The
date
when
you
"
expect
to
begin
closure"
must
be
no
later
than
30
days
after
the
date
that
any
hazardous
waste
management
unit
receives
the
known
final
volume
of
hazardous
wastes.

(
3)
If
your
facility's
permit
is
terminated,
or
if
you
are
otherwise
ordered,
by
judicial
decree
or
final
order
under
Section
3008
of
RCRA,
to
cease
receiving
hazardous
wastes
or
to
close,
then
the
requirements
of
this
paragraph
(
d)
do
not
apply.
However,
you
must
close
the
facility
following
the
deadlines
established
in
Sec.
267.115.

Section
267.113
Will
the
public
have
the
opportunity
to
comment
on
the
plan?

(
a)
The
Director
will
provide
you
and
the
public,
when
the
draft
standardized
permit
is
public
noticed,
the
opportunity
to
submit
written
comments
on
the
plan
and
to
the
draft
permit
as
allowed
by
40
CFR
part
124.208.
The
Director
will
also,
in
response
to
a
request
or
at
his/
her
own
discretion,
hold
a
public
hearing
whenever
such
a
hearing
might
clarify
one
or
more
issues
concerning
the
closure
plan,
and
the
permit.

(
b)
The
Director
will
give
public
notice
of
the
hearing
30
days
before
it
occurs.
Public
notice
of
the
hearing
may
be
given
at
the
same
time
as
notice
of
the
opportunity
for
the
public
to
submit
written
comments,
and
the
two
notices
may
be
combined.

Section
267.114
(
Reserved)

Section
267.115
After
I
stop
operating,
how
long
until
I
must
close?

(
a)
Within
90
days
after
the
final
volume
of
hazardous
waste
is
sent
to
a
unit,
you
must
treat
or
remove
from
the
unit
all
hazardous
wastes
following
the
approved
closure
plan.

(
b)
You
must
complete
final
closure
activities
in
accordance
with
the
approved
closure
plan
within
180
days
after
the
final
volume
of
hazardous
wastes
is
sent
to
the
unit.
The
Director
may
145
approve
an
extension
of
180
days
to
the
closure
period
if
you
comply
with
all
applicable
requirements
for
requesting
a
modification
to
the
permit
and
demonstrate
that:

(
1)
The
final
closure
activities
will
take
longer
than
180
days
to
complete
due
to
circumstances
beyond
your
control,
excluding
ground
water
contamination,
and
(
2)
You
have
taken
and
will
continue
to
take
all
steps
to
prevent
threats
to
human
health
and
the
environment
from
the
unclosed,
but
not
operating
hazardous
waste
management
unit
or
facility,

including
compliance
with
all
applicable
permit
requirements.

(
3)
The
demonstration
must
be
made
at
least
30
days
prior
to
the
expiration
of
the
initial
180­
day
period.

(
c)
Nothing
in
this
section
precludes
you
from
removing
hazardous
wastes
and
decontaminating
or
dismantling
equipment
in
accordance
with
the
approved
final
closure
plan
at
any
time
before
or
after
notification
of
final
closure.

Section
267.116
What
must
I
do
with
contaminated
equipment,
structure,
and
soils?

You
must
properly
dispose
of
or
decontaminate
all
contaminated
equipment,
structures,
and
soils
during
the
partial
and
final
closure
periods.
By
removing
any
hazardous
wastes
or
hazardous
constituents
during
partial
and
final
closure,
you
may
become
a
generator
of
hazardous
waste
and
must
handle
that
waste
following
all
applicable
requirements
of
40
CFR
part
262.

Section
267.117
How
do
I
certify
closure?

Within
60
days
of
the
completion
of
final
closure
of
each
unit
under
a
part
270
subpart
J
standardized
permit,
you
must
submit
to
the
Director,
by
registered
mail,
a
certification
that
each
hazardous
waste
management
unit
or
facility,
as
applicable,
has
been
closed
following
the
specifications
in
the
closure
plan.
Both
you
and
an
independent
registered
professional
engineer
must
sign
the
certification.
You
must
furnish
documentation
supporting
the
independent
registered
professional
engineer's
certification
to
the
Director
upon
request
until
he
releases
you
from
the
financial
assurance
requirements
for
closure
under
Section
267.143(
i).
146
SUBPART
H
­
Financial
Requirements
§
267.140
Who
must
comply
with
this
subpart,
and
briefly,
what
do
they
have
to
do?

(
a)
The
regulations
in
this
subpart
apply
to
owners
and
operators
who
treat
or
store
hazardous
waste
under
a
standardized
permit,
except
as
provided
in
§
267.1(
b),
or
§
267.140(
d)

below.

(
b)
The
owner
or
operator
must:

(
1)
Prepare
a
closure
cost
estimate
as
required
in
§
267.142,

(
2)
Demonstrate
financial
assurance
for
closure
as
required
in
§
267.143,
and
(
3)
Demonstrate
financial
assurance
for
liability
as
required
in
§
267.147.

(
c)
The
owner
or
operator
must
notify
the
Regional
Administrator
if
the
owner
or
operator
is
named
as
a
debtor
in
a
bankruptcy
proceeding
under
Title
11
(
Bankruptcy),
U.
S.
Code
(
See
also
§
267.148).

(
d)
States
and
the
Federal
government
are
exempt
from
the
requirements
of
this
subpart.

§
267.141
Definitions
of
terms
as
used
in
this
subpart.

(
a)
Closure
plan
means
the
plan
for
closure
prepared
in
accordance
with
the
requirements
of
§
267.112.

(
b)
Current
closure
cost
estimate
means
the
most
recent
of
the
estimates
prepared
in
accordance
with
§
267.142
(
a),
(
b),
and
(
c).

(
c)
[
Reserved]

(
d)
Parent
corporation
means
a
corporation
which
directly
owns
at
least
50
percent
of
the
voting
stock
of
the
corporation
which
is
the
facility
owner
or
operator;
the
latter
corporation
is
deemed
a
"
subsidiary"
of
the
parent
corporation.

(
e)
[
Reserved]

(
f)
The
following
terms
are
used
in
the
specifications
for
the
financial
tests
for
closure
and
liability
coverage.
The
definitions
are
intended
to
assist
in
the
understanding
of
these
regulations
and
are
not
intended
to
limit
the
meanings
of
terms
in
a
way
that
conflicts
with
generally
accepted
accounting
practices:

Assets
means
all
existing
and
all
probable
future
economic
benefits
obtained
or
controlled
by
a
particular
entity.

Current
plugging
and
abandonment
cost
estimate
means
the
most
recent
of
the
estimates
prepared
in
accordance
with
§
144.62(
a),
(
b),
and
(
c)
of
this
chapter.
147
Independently
audited
refers
to
an
audit
performed
by
an
independent
certified
public
accountant
in
accordance
with
generally
accepted
auditing
standards.

Liabilities
means
probable
future
sacrifices
of
economic
benefits
arising
from
present
obligations
to
transfer
assets
or
provide
services
to
other
entities
in
the
future
as
a
result
of
past
transactions
or
events.

Tangible
net
worth
means
the
tangible
assets
that
remain
after
deducting
liabilities;
such
assets
would
not
include
intangibles
such
as
goodwill
and
rights
to
patents
or
royalties.

(
g)
In
the
liability
insurance
requirements,
the
terms
bodily
injury
and
property
damage
shall
have
the
meanings
given
these
terms
by
applicable
State
law.
However,
these
terms
do
not
include
those
liabilities
which,
consistent
with
standard
industry
practices,
are
excluded
from
coverage
in
liability
policies
for
bodily
injury
and
property
damage.
The
Agency
intends
the
meanings
of
other
terms
used
in
the
liability
insurance
requirements
to
be
consistent
with
their
common
meanings
within
the
insurance
industry.
The
definitions
given
below
of
several
of
the
terms
are
intended
to
assist
in
the
understanding
of
these
regulations
and
are
not
intended
to
limit
their
meanings
in
a
way
that
conflicts
with
general
insurance
industry
usage.

Accidental
occurrence
means
an
accident,
including
continuous
or
repeated
exposure
to
conditions,
which
results
in
bodily
injury
or
property
damage
neither
expected
nor
intended
from
the
standpoint
of
the
insured.

Legal
defense
costs
means
any
expenses
that
an
insurer
incurs
in
defending
against
claims
of
third
parties
brought
under
the
terms
and
conditions
of
an
insurance
policy.

Sudden
accidental
occurrence
means
an
occurrence
which
is
not
continuous
or
repeated
in
nature.

(
h)
Substantial
business
relationship
means
the
extent
of
a
business
relationship
necessary
under
applicable
State
law
to
make
a
guarantee
contract
issued
incident
to
that
relationship
valid
and
enforceable.
A
"
substantial
business
relationship"
must
arise
from
a
pattern
of
recent
or
ongoing
business
transactions,
in
addition
to
the
guarantee
itself,
such
that
a
currently
existing
business
relationship
between
the
guarantor
and
the
owner
or
operator
is
demonstrated
to
the
satisfaction
of
the
applicable
EPA
Regional
Administrator.

§
267.142
Cost
estimate
for
closure.

(
a)
The
owner
or
operator
must
have
at
the
facility
a
detailed
written
estimate,
in
current
dollars,
of
the
cost
of
closing
the
facility
in
accordance
with
the
requirements
in
§
§
267.111
through
267.115
and
applicable
closure
requirements
in
§
§
267.176,
267.201,
267.1108.
148
(
1)
The
estimate
must
equal
the
cost
of
final
closure
at
the
point
in
the
facility's
active
life
when
the
extent
and
manner
of
its
operation
would
make
closure
the
most
expensive,
as
indicated
by
the
closure
plan
(
see
§
267.112(
b));
and
(
2)
The
closure
cost
estimate
must
be
based
on
the
costs
to
the
owner
or
operator
of
hiring
a
third
party
to
close
the
facility.
A
third
party
is
a
party
who
is
neither
a
parent
nor
a
subsidiary
of
the
owner
or
operator.
(
See
definition
of
parent
corporation
in
§
267.141(
d).)
The
owner
or
operator
may
use
costs
for
on­
site
disposal
if
he
can
demonstrate
that
on­
site
disposal
capacity
will
exist
at
all
times
over
the
life
of
the
facility.

(
3)
The
closure
cost
estimate
may
not
incorporate
any
salvage
value
that
may
be
realized
with
the
sale
of
hazardous
wastes,
or
non­
hazardous
wastes,
facility
structures
or
equipment,
land,

or
other
assets
associated
with
the
facility
at
the
time
of
partial
or
final
closure.

(
4)
The
owner
or
operator
may
not
incorporate
a
zero
cost
for
hazardous
wastes,
or
non­
hazardous
wastes
that
might
have
economic
value.

(
b)
During
the
active
life
of
the
facility,
the
owner
or
operator
must
adjust
the
closure
cost
estimate
for
inflation
within
60
days
prior
to
the
anniversary
date
of
the
establishment
of
the
financial
instrument(
s)
used
to
comply
with
§
267.143.
For
owners
and
operators
using
the
financial
test
or
corporate
guarantee,
the
closure
cost
estimate
must
be
updated
for
inflation
within
30
days
after
the
close
of
the
firm's
fiscal
year
and
before
submission
of
updated
information
to
the
Regional
Administrator
as
specified
in
§
267.143(
f)(
2)(
iii).
The
adjustment
may
be
made
by
recalculating
the
maximum
costs
of
closure
in
current
dollars,
or
by
using
an
inflation
factor
derived
from
the
most
recent
Implicit
Price
Deflator
for
Gross
Domestic
Product
published
by
the
U.
S.
Department
of
Commerce
in
its
Survey
of
Current
Business,
as
specified
in
paragraphs
(
b)(
1)

and
(
2)
of
this
section.
The
inflation
factor
is
the
result
of
dividing
the
latest
published
annual
Deflator
by
the
Deflator
for
the
previous
year.

(
1)
The
first
adjustment
is
made
by
multiplying
the
closure
cost
estimate
by
the
inflation
factor.
The
result
is
the
adjusted
closure
cost
estimate.

(
2)
Subsequent
adjustments
are
made
by
multiplying
the
latest
adjusted
closure
cost
estimate
by
the
latest
inflation
factor.

(
c)
During
the
active
life
of
the
facility,
the
owner
or
operator
must
revise
the
closure
cost
estimate
no
later
than
30
days
after
the
Regional
Administrator
has
approved
the
request
to
modify
the
closure
plan,
if
the
change
in
the
closure
plan
increases
the
cost
of
closure.
The
revised
closure
cost
estimate
must
be
adjusted
for
inflation
as
specified
in
§
267.142(
b).
149
(
d).
The
owner
or
operator
must
keep
the
following
at
the
facility
during
the
operating
life
of
the
facility:
The
latest
closure
cost
estimate
prepared
in
accordance
with
paragraphs
(
a)
and
(
c)

of
this
section
and,
when
this
estimate
has
been
adjusted
in
accordance
with
paragraph
(
b)
of
this
section,
the
latest
adjusted
closure
cost
estimate.

§
267.143
Financial
assurance
for
closure.

The
owner
of
operator
must
establish
financial
assurance
for
closure
of
each
storage
or
treatment
unit
that
he
owns
or
operates.
In
establishing
financial
assurance
for
closure,
the
owner
or
operator
must
choose
from
the
financial
assurance
mechanisms
in
paragraphs
(
a),
(
b),
(
c),
(
d),

(
e),
(
f),
and
(
g)
of
this
section.
The
owner
or
operator
can
also
use
a
combination
of
mechanisms
for
a
single
facility
if
they
meet
the
requirement
in
paragraph
(
h)
of
this
section,
or
may
use
a
single
mechanism
for
multiple
facilities
as
in
paragraph
(
i)
of
this
section.
The
Regional
Administrator
will
release
the
owner
or
operator
from
the
requirements
of
this
section
after
the
owner
or
operator
meets
the
criteria
under
paragraph
(
j)
of
this
section.

(
a)
Closure
Trust
Fund.
Owners
and
operators
can
use
the
"
closure
trust
fund,"
that
is
specified
in
40
CFR
264.143(
a)(
1)
and
(
2),
and
264.143(
a)(
6)­(
11).
For
purposes
of
this
paragraph,
the
following
provisions
also
apply:

(
1)
Payments
into
the
trust
fund
for
a
new
facility
must
be
made
annually
by
the
owner
or
operator
over
the
remaining
operating
life
of
the
facility
as
estimated
in
the
closure
plan,
or
over
3
years,
whichever
period
is
shorter.
This
period
of
time
is
hereafter
referred
to
as
the
"
pay­
in
period."

(
2)
For
a
new
facility,
the
first
payment
into
the
closure
trust
fund
must
be
made
before
the
facility
may
accept
the
initial
storage.
A
receipt
from
the
trustee
must
be
submitted
by
the
owner
or
operator
to
the
Regional
Administrator
before
this
initial
storage
of
waste.
The
first
payment
must
be
at
least
equal
to
the
current
closure
cost
estimate,
divided
by
the
number
of
years
in
the
pay­
in
period,
except
as
provided
in
paragraph
(
h)
of
this
section
for
multiple
mechanisms.

Subsequent
payments
must
be
made
no
later
than
30
days
after
each
anniversary
date
of
the
first
payment.
The
owner
or
operator
determines
the
amount
of
each
subsequent
payment
by
subtracting
the
current
value
of
the
trust
fund
from
the
current
closure
cost
estimate,
and
dividing
this
difference
by
the
number
of
years
remaining
in
the
pay­
in
period.
Mathematically,
the
formula
is
Next
Payment
=
(
Current
Closure
Estimate
­
Current
Value
of
the
Trust
Fund)
Divided
by
Years
Remaining
in
the
Pay­
In
Period.
150
(
3)
The
owner
or
operator
of
a
facility
existing
on
the
effective
date
of
this
paragraph
can
establish
a
trust
fund
to
meet
this
paragraph's
financial
assurance
requirements.
If
the
value
of
the
trust
fund
is
less
than
the
current
closure
cost
estimate
when
a
final
approval
of
the
permit
is
granted
for
the
facility,
the
owner
or
operator
must
pay
the
difference
into
the
trust
fund
within
60
days.

(
4)
The
owner
or
operator
may
accelerate
payments
into
the
trust
fund
or
deposit
the
full
amount
of
the
closure
cost
estimate
when
establishing
the
trust
fund.
However,
he
must
maintain
the
value
of
the
fund
at
no
less
than
the
value
that
the
fund
would
have
if
annual
payments
were
made
as
specified
in
paragraph
(
a)(
2)
or
(
a)(
3)
of
this
section.

(
5)
The
owner
or
operator
must
submit
a
trust
agreement
with
the
wording
specified
in
40
CFR
264.151(
a)(
1).

(
b)
Surety
Bond
Guaranteeing
Payment
into
a
Closure
Trust
Fund.
Owners
and
operators
can
use
the
"
surety
bond
guaranteeing
payment
into
a
closure
trust
fund,"
as
specified
in
40
CFR
264.143(
b),
including
the
use
of
the
surety
bond
instrument
specified
at
40
CFR
264.151(
b),
and
the
standby
trust
specified
at
40
CFR
264.143(
b)(
3).

(
c)
Surety
Bond
Guaranteeing
Performance
of
Closure.
Owners
and
operators
can
use
the
"
surety
bond
guaranteeing
performance
of
closure,"
as
specified
in
40
CFR
264.143(
c),
the
submission
and
use
of
the
surety
bond
instrument
specified
at
40
CFR
264.151(
c),
and
the
standby
trust
specified
at
40
CFR
264.143(
c)(
3).

(
d)
Closure
Letter
of
Credit.
Owners
and
operators
can
use
the
"
closure
letter
of
credit"

specified
in
40
CFR
264.143(
d),
the
submission
and
use
of
the
irrevocable
letter
of
credit
instrument
specified
in
40
CFR
264.151(
d),
and
the
standby
trust
specified
in
40
CFR
264.143(
d)(
3).

(
e)
Closure
Insurance.
Owners
and
operators
can
use
"
closure
insurance,"
as
specified
in
40
CFR
264.143(
e),
utilizing
the
certificate
of
insurance
for
closure
specified
at
40
CFR
264.151(
e).

(
f)
Corporate
financial
test.
An
owner
or
operator
that
satisfies
the
requirements
of
this
paragraph
may
demonstrate
financial
assurance
up
to
the
amount
specified
in
this
paragraph:

(
1)
Financial
component.

(
i)
The
owner
or
operator
must
satisfy
one
of
the
following
three
conditions:

(
A)
A
current
rating
for
its
senior
unsecured
debt
of
AAA,
AA,
A,
or
BBB
as
issued
by
Standard
and
Poor's
or
Aaa,
Aa,
A
or
Baa
as
issued
by
Moody's;
or
(
B)
A
ratio
of
less
than
1.5
comparing
total
liabilities
to
net
worth;
or
151
(
C)
A
ratio
of
greater
than
0.10
comparing
the
sum
of
net
income
plus
depreciation,

depletion
and
amortization,
minus
$
10
million,
to
total
liabilities.

(
ii)
The
tangible
net
worth
of
the
owner
or
operator
must
be
greater
than:

(
A)
The
sum
of
the
current
environmental
obligations
(
see
paragraph
(
f)(
2)(
i)(
A)(
1)
of
this
section),
including
guarantees,
covered
by
a
financial
test
plus
$
10
million,
except
as
provided
in
paragraph
(
f)(
1)(
ii)(
B)
of
this
section.

(
B)
$
10
million
in
tangible
net
worth
plus
the
amount
of
any
guarantees
that
have
not
been
recognized
as
liabilities
on
the
financial
statements
provided
all
of
the
environmental
obligations
(
see
paragraph
(
f)(
2)(
i)(
A)(
1)
of
this
section)
covered
by
a
financial
test
are
recognized
as
liabilities
on
the
owner's
or
operator's
audited
financial
statements,
and
subject
to
the
approval
of
the
Regional
Administrator.

(
iii)
The
owner
or
operator
must
have
assets
located
in
the
United
States
amounting
to
at
least
the
sum
of
environmental
obligations
covered
by
a
financial
test
as
described
in
paragraph
(
f)(
2)(
i)(
A)(
1)
of
this
section.

(
2)
Recordkeeping
and
reporting
requirements.

(
i)
The
owner
or
operator
must
submit
the
following
items
to
the
Regional
Administrator:

(
A)
A
letter
signed
by
the
owner's
or
operator's
chief
financial
officer
that:

(
1)
Lists
all
the
applicable
current
types,
amounts,
and
sums
of
environmental
obligations
covered
by
a
financial
test.
These
obligations
include
both
obligations
in
the
programs
which
EPA
directly
operates
and
obligations
where
EPA
has
delegated
authority
to
a
State
or
approved
a
State's
program.
These
obligations
include,
but
are
not
limited
to:

(
i)
Liability,
closure,
post­
closure
and
corrective
action
cost
estimates
required
for
hazardous
waste
treatment,
storage,
and
disposal
facilities
under
40
CFR
264.101,
264.142,

264.144,
264.147,
265.142,
265.144,
and
265.147.;

(
ii)
Cost
estimates
required
for
municipal
solid
waste
management
facilities
under
40
CFR
258.71,
258.72,
and
258.73;

(
iii)
Current
plugging
cost
estimates
required
for
UIC
facilities
under
40
CFR
144.62;

(
iv)
Cost
estimates
required
for
petroleum
underground
storage
tank
facilities
under
40
CFR
280.93;

(
v)
Cost
estimates
required
for
PCB
storage
facilities
under
40
CFR
761.65;

(
vi)
Any
financial
assurance
required
under,
or
as
part
of
an
action
undertaken
under,
the
Comprehensive
Environmental
Response,
Compensation,
and
Liability
Act;
and
(
vii)
Any
other
environmental
obligations
that
are
assured
through
a
financial
test.
152
(
2)
Provides
evidence
demonstrating
that
the
firm
meets
the
conditions
of
either
paragraph
(
f)(
1)(
i)(
A)
or
(
f)(
1)(
i)(
B)
or
(
f)(
1)(
i)(
C)
of
this
section
and
paragraphs
(
f)(
1)(
ii)
and
(
f)(
1)(
iii)
of
this
section.

(
B)
A
copy
of
the
independent
certified
public
accountant's
unqualified
opinion
of
the
owner's
or
operator's
financial
statements
for
the
latest
completed
fiscal
year.
To
be
eligible
to
use
the
financial
test,
the
owner's
or
operator's
financial
statements
must
receive
an
unqualified
opinion
from
the
independent
certified
public
accountant.
An
adverse
opinion,
disclaimer
of
opinion,
or
other
qualified
opinion
will
be
cause
for
disallowance,
with
the
potential
exception
for
qualified
opinions
provided
in
the
next
sentence.
The
Regional
Administrator
may
evaluate
qualified
opinions
on
a
case­
by­
case
basis
and
allow
use
of
the
financial
test
in
cases
where
the
Regional
Administrator
deems
that
the
matters
which
form
the
basis
for
the
qualification
are
insufficient
to
warrant
disallowance
of
the
test.
If
the
Regional
Administrator
does
not
allow
use
of
the
test,
the
owner
or
operator
must
provide
alternate
financial
assurance
that
meets
the
requirements
of
this
section
within
30
days
after
the
notification
of
disallowance.

(
C)
If
the
chief
financial
officer's
letter
providing
evidence
of
financial
assurance
includes
financial
data
showing
that
the
owner
or
operator
satisfies
paragraph
(
f)(
1)(
i)(
B)
or
(
f)(
1)(
i)(
C)
of
this
section
that
are
different
from
data
in
the
audited
financial
statements
referred
to
in
paragraph
(
f)(
2)(
i)(
B)
of
this
section
or
any
other
audited
financial
statement
or
data
filed
with
the
SEC,
then
a
special
report
from
the
owner's
or
operator's
independent
certified
public
accountant
to
the
owner
or
operator
is
required.
The
special
report
shall
be
based
upon
an
agreed
upon
procedures
engagement
in
accordance
with
professional
auditing
standards
and
shall
describe
the
procedures
performed
in
comparing
the
data
in
the
chief
financial
officer's
letter
derived
from
the
independently
audited,
year­
end
financial
statements
for
the
latest
fiscal
year
with
the
amounts
in
such
financial
statements,
the
findings
of
that
comparison,
and
the
reasons
for
any
differences.

(
D)
If
the
chief
financial
officer's
letter
provides
a
demonstration
that
the
firm
has
assured
for
environmental
obligations
as
provided
in
paragraph
(
f)(
1)(
ii)(
B)
of
this
section,
then
the
letter
shall
include
a
report
from
the
independent
certified
public
accountant
that
verifies
that
all
of
the
environmental
obligations
covered
by
a
financial
test
have
been
recognized
as
liabilities
on
the
audited
financial
statements,
how
these
obligations
have
been
measured
and
reported,
and
that
the
tangible
net
worth
of
the
firm
is
at
least
$
10
million
plus
the
amount
of
any
guarantees
provided.

(
ii)
The
owner
or
operator
of
a
new
facility
must
submit
the
items
specified
in
paragraph
(
f)(
2)(
i)
of
this
section
to
the
Regional
Administrator
at
least
60
days
before
placing
waste
in
the
facility.
153
(
iii)
After
the
initial
submission
of
items
specified
in
paragraph
(
f)(
2)(
i)
of
this
section,
the
owner
or
operator
must
send
updated
information
to
the
Regional
Administrator
within
90
days
following
the
close
of
the
owner
or
operator's
fiscal
year.
The
Regional
Administrator
may
provide
up
to
an
additional
45
days
for
an
owner
or
operator
who
can
demonstrate
that
90
days
is
insufficient
time
to
acquire
audited
financial
statements.
The
updated
information
must
consist
of
all
items
specified
in
paragraph
(
f)(
2)(
i)
of
this
section.

(
iv)
The
owner
or
operator
is
no
longer
required
to
submit
the
items
specified
in
this
paragraph
(
f)(
2)
of
this
section
or
comply
with
the
requirements
of
this
paragraph
(
f)
when:

(
A)
The
owner
or
operator
substitutes
alternate
financial
assurance
as
specified
in
this
section
that
is
not
subject
to
these
recordkeeping
and
reporting
requirements;
or
(
B)
The
Regional
Administrator
releases
the
owner
or
operator
from
the
requirements
of
this
section
in
accordance
with
paragraph
(
j)
of
this
section.

(
v)
An
owner
or
operator
who
no
longer
meets
the
requirements
of
paragraph
(
f)(
1)
of
this
section
cannot
use
the
financial
test
to
demonstrate
financial
assurance.
Instead
an
owner
or
operator
who
no
longer
meets
the
requirements
of
paragraph
(
f)(
1)
of
this
section,
must:

(
A)
Send
notice
to
the
Regional
Administrator
of
intent
to
establish
alternate
financial
assurance
as
specified
in
this
section.
The
owner
or
operator
must
send
this
notice
by
certified
mail
within
90
days
following
the
close
the
owner
or
operator's
fiscal
year
for
which
the
year­
end
financial
data
show
that
the
owner
or
operator
no
longer
meets
the
requirements
of
this
section.

(
B)
Provide
alternative
financial
assurance
within
120
days
after
the
end
of
such
fiscal
year.

(
vi)
The
Regional
Administrator
may,
based
on
a
reasonable
belief
that
the
owner
or
operator
may
no
longer
meet
the
requirements
of
paragraph
(
f)(
1)
of
this
section,
require
at
any
time
the
owner
or
operator
to
provide
reports
of
its
financial
condition
in
addition
to
or
including
current
financial
test
documentation
as
specified
in
paragraph
(
f)(
2)
of
this
section.
If
the
Regional
Administrator
finds
that
the
owner
or
operator
no
longer
meets
the
requirements
of
paragraph
(
f)(
1)
of
this
section,
the
owner
or
operator
must
provide
alternate
financial
assurance
that
meets
the
requirements
of
this
section.

(
g)
Corporate
Guarantee.

(
1)
An
owner
or
operator
may
meet
the
requirements
of
this
section
by
obtaining
a
written
guarantee.
The
guarantor
must
be
the
direct
or
higher­
tier
parent
corporation
of
the
owner
or
operator,
a
firm
whose
parent
corporation
is
also
the
parent
corporation
of
the
owner
or
operator,

or
a
firm
with
a
"
substantial
business
relationship"
with
the
owner
or
operator.
The
guarantor
must
meet
the
requirements
for
owners
or
operators
in
paragraph
(
f)
of
this
section
and
must
154
comply
with
the
terms
of
the
guarantee.
The
wording
of
the
guarantee
must
be
identical
to
the
wording
in
40
CFR
264.151(
h).
The
certified
copy
of
the
guarantee
must
accompany
the
letter
from
the
guarantor's
chief
financial
officer
and
accountants'
opinions.
If
the
guarantor's
parent
corporation
is
also
the
parent
corporation
of
the
owner
or
operator,
the
letter
from
the
guarantor's
chief
financial
officer
must
describe
the
value
received
in
consideration
of
the
guarantee.
If
the
guarantor
is
a
firm
with
a
"
substantial
business
relationship"
with
the
owner
or
operator,
this
letter
must
describe
this
"
substantial
business
relationship"
and
the
value
received
in
consideration
of
the
guarantee.

(
2)
For
a
new
facility,
the
guarantee
must
be
effective
and
the
guarantor
must
submit
the
items
in
paragraph
(
g)(
1)
of
this
section
and
the
items
specified
in
paragraph
(
f)(
2)(
i)
of
this
section
to
the
Regional
Administrator
at
least
60
days
before
the
owner
or
operator
places
waste
in
the
facility.

(
3)
The
terms
of
the
guarantee
must
provide
that:

(
i)
If
the
owner
or
operator
fails
to
perform
closure
at
a
facility
covered
by
the
guarantee,

the
guarantor
will:

(
A)
Perform,
or
pay
a
third
party
to
perform
closure
(
performance
guarantee);
or
(
B)
Establish
a
fully
funded
trust
fund
as
specified
in
paragraph
(
a)
of
this
section
in
the
name
of
the
owner
or
operator
(
payment
guarantee).

(
ii)
The
guarantee
will
remain
in
force
for
as
long
as
the
owner
or
operator
must
comply
with
the
applicable
financial
assurance
requirements
of
this
Subpart
unless
the
guarantor
sends
prior
notice
of
cancellation
by
certified
mail
to
the
owner
or
operator
and
to
the
Regional
Administrator.
Cancellation
may
not
occur,
however,
during
the
120
days
beginning
on
the
date
of
receipt
of
the
notice
of
cancellation
by
both
the
owner
or
operator
and
the
Regional
Administrator
as
evidenced
by
the
return
receipts.

(
iii)
If
notice
of
cancellation
is
given,
the
owner
or
operator
must,
within
90
days
following
receipt
of
the
cancellation
notice
by
the
owner
or
operator
and
the
Regional
Administrator,
obtain
alternate
financial
assurance,
and
submit
documentation
for
that
alternate
financial
assurance
to
the
Regional
Administrator.
If
the
owner
or
operator
fails
to
provide
alternate
financial
assurance
and
obtain
the
written
approval
of
such
alternative
assurance
from
the
Regional
Administrator
within
the
90­
day
period,
the
guarantor
must
provide
that
alternate
assurance
in
the
name
of
the
owner
or
operator
and
submit
the
necessary
documentation
for
the
alternative
assurance
to
the
Regional
Administrator
within
120
days
of
the
cancellation
notice.
155
(
4)
If
a
corporate
guarantor
no
longer
meets
the
requirements
of
paragraph
(
f)(
1)
of
this
section,
the
owner
or
operator
must,
within
90
days,
obtain
alternative
assurance,
and
submit
the
assurance
to
the
Regional
Administrator
for
approval.
If
the
owner
or
operator
fails
to
provide
alternate
financial
assurance
within
the
90­
day
period,
the
guarantor
must
provide
that
alternate
assurance
within
the
next
30
days,
and
submit
it
to
the
Regional
Administrator
for
approval.

(
5)
The
guarantor
is
no
longer
required
to
meet
the
requirements
of
this
paragraph
(
g)

when:

(
i)
The
owner
or
operator
substitutes
alternate
financial
assurance
as
specified
in
this
section;
or
(
ii)
The
owner
or
operator
is
released
from
the
requirements
of
this
section
in
accordance
with
paragraph
(
j)
of
this
section.

(
h)
Use
of
Multiple
Financial
Mechanisms
An
owner
or
operator
may
use
more
than
one
mechanism
at
a
particular
facility
to
satisfy
the
requirements
of
this
section.
The
acceptable
mechanisms
are
trust
funds,
surety
bonds
guaranteeing
payment
into
a
trust
fund,
letters
of
credit,

insurance,
the
financial
test,
and
the
guarantee,
except
owners
or
operators
cannot
combine
the
financial
test
with
the
guarantee.
The
mechanisms
must
be
as
specified
in
paragraphs
(
a),
(
b),
(
d),

(
e),
(
f),
and
(
g)
respectively
of
this
section,
except
it
is
the
combination
of
mechanisms
rather
than
a
single
mechanism
that
must
provide
assurance
for
an
amount
at
least
equal
to
the
cost
estimate.

If
an
owner
or
operator
uses
a
trust
fund
in
combination
with
a
surety
bond
or
letter
of
credit,
he
may
use
the
trust
fund
as
the
standby
trust
for
the
other
mechanisms.
A
single
trust
fund
can
be
established
for
two
or
more
mechanisms.
The
Regional
Administrator
may
use
any
or
all
of
the
mechanisms
to
provide
for
closure
of
the
facility.

(
i)
Use
of
a
financial
mechanism
for
multiple
facilities.
An
owner
or
operator
may
use
a
financial
mechanism
for
multiple
facilities,
as
specified
in
§
264.143(
h)
of
this
chapter.

(
j)
Release
of
the
owner
or
operator
from
the
requirements
of
this
section.
Within
60
days
after
receiving
certifications
from
the
owner
or
operator
and
an
independent
registered
professional
engineer
that
final
closure
has
been
completed
in
accordance
with
the
approved
closure
plan,
the
Regional
Administrator
will
notify
the
owner
or
operator
in
writing
that
the
owner
or
operator
is
no
longer
required
by
this
section
to
maintain
financial
assurance
for
final
closure
of
the
facility,

unless
the
Regional
Administrator
has
reason
to
believe
that
final
closure
has
not
been
completed
in
accordance
with
the
approved
closure
plan.
The
Regional
Administrator
shall
provide
the
owner
or
operator
with
a
detailed
written
statement
of
any
such
reasons
to
believe
that
closure
has
not
been
conducted
in
accordance
with
the
approved
closure
plan.
156
§
267.144
­
267.146
[
Reserved]

§
267.147
Liability
requirements.

(
a)
Coverage
for
sudden
accidental
occurrences.
An
owner
or
operator
of
a
hazardous
waste
treatment
or
storage
facility,
or
a
group
of
such
facilities,
must
demonstrate
financial
responsibility
for
bodily
injury
and
property
damage
to
third
parties
caused
by
sudden
accidental
occurrences
arising
from
operations
of
the
facility
or
group
of
facilities.
The
owner
or
operator
must
have
and
maintain
liability
coverage
for
sudden
accidental
occurrences
in
the
amount
of
at
least
$
1
million
per
occurrence
with
an
annual
aggregate
of
at
least
$
2
million,
exclusive
of
legal
defense
costs.
This
liability
coverage
may
be
demonstrated
as
specified
in
paragraphs
(
a)
(
1)

through
(
a)(
7)
of
this
section:

(
1)
Trust
fund
for
liability
coverage.
An
owner
or
operator
may
meet
the
requirements
of
this
section
by
obtaining
a
trust
fund
for
liability
coverage
as
specified
in
40
CFR
264.147(
j).

(
2)
Surety
bond
for
liability
coverage.
An
owner
or
operator
may
meet
the
requirements
of
this
section
by
obtaining
a
surety
bond
for
liability
coverage
as
specified
in
40
CFR
264.147(
i).

(
3)
Letter
of
credit
for
liability
coverage.
An
owner
or
operator
may
meet
the
requirements
of
this
section
by
obtaining
a
letter
of
credit
for
liability
coverage
as
specified
in
40
CFR
264.147(
h).

(
4)
Insurance
for
liability
coverage.
An
owner
or
operator
may
meet
the
requirements
of
this
section
by
obtaining
liability
insurance
as
specified
in
40
CFR
264.147(
a)(
1).

(
5)
Financial
test
for
liability
coverage.
An
owner
or
operator
may
meet
the
requirements
of
this
section
by
passing
a
financial
test
as
specified
in
paragraph
(
f)
of
this
section.

(
6)
Guarantee
for
liability
coverage.
An
owner
or
operator
may
meet
the
requirements
of
this
section
by
obtaining
a
guarantee
as
specified
in
paragraph
(
g)
of
this
section.

(
7)
Combination
of
mechanisms.
An
owner
or
operator
may
demonstrate
the
required
liability
coverage
through
the
use
of
combinations
of
mechanisms
as
allowed
by
40
CFR
264.147(
a)(
6).

(
8)
An
owner
or
operator
shall
notify
the
Regional
Administrator
in
writing
within
30
days
whenever:

(
i)
A
claim
results
in
a
reduction
in
the
amount
of
financial
assurance
for
liability
coverage
provided
by
a
financial
instrument
authorized
in
paragraphs
(
a)(
1)
through
(
a)(
7)
of
this
section;
or
(
ii)
A
Certification
of
Valid
Claim
for
bodily
injury
or
property
damages
caused
by
a
sudden
accidental
occurrence
arising
from
the
operation
of
a
hazardous
waste
treatment,
storage,
157
or
disposal
facility
is
entered
between
the
owner
or
operator
and
third­
party
claimant
for
liability
coverage
under
paragraphs
(
a)(
1)
through
(
a)(
7)
of
this
section;
or
(
iii)
A
final
court
order
establishing
a
judgment
for
bodily
injury
or
property
damage
caused
by
a
sudden
accidental
occurrence
arising
from
the
operation
of
a
hazardous
waste
treatment,

storage,
or
disposal
facility
is
issued
against
the
owner
or
operator
or
an
instrument
that
is
providing
financial
assurance
for
liability
coverage
under
paragraphs
(
a)(
1)
through
(
a)(
7)
of
this
section.

(
b)
­
(
d)
[
Reserved]

(
e)
Period
of
coverage.
Within
60
days
after
receiving
certifications
from
the
owner
or
operator
and
an
independent
registered
professional
engineer
that
final
closure
has
been
completed
in
accordance
with
the
approved
closure
plan,
the
Regional
Administrator
will
notify
the
owner
or
operator
in
writing
that
he
is
no
longer
required
by
this
section
to
maintain
liability
coverage
from
that
facility,
unless
the
Regional
Administrator
has
reason
to
believe
that
closure
has
not
been
in
accordance
with
the
approved
closure
plan.

(
f)
Financial
test
for
Liability
Coverage.
An
owner
or
operator
that
satisfies
the
requirements
of
this
paragraph
(
f)
may
demonstrate
financial
assurance
for
liability
up
to
the
amount
specified
in
this
paragraph
(
f):

(
1)
Financial
component.

(
i)
If
using
the
financial
test
for
only
liability
coverage,
the
owner
or
operator
must
have
tangible
net
worth
greater
than
the
sum
of
the
liability
coverage
to
be
demonstrated
by
this
test
plus
$
10
million.

(
ii)
The
owner
or
operator
must
have
assets
located
in
the
United
States
amounting
to
at
least
the
amount
of
liability
covered
by
this
financial
test.

(
iii)
An
owner
or
operator
who
is
demonstrating
coverage
for
liability
and
any
other
environmental
obligations,
including
closure
under
§
267.143(
f),
through
a
financial
test
must
meet
the
requirements
of
§
267.143(
f).

(
2)
Recordkeeping
and
reporting
requirements.

(
i)
The
owner
or
operator
must
submit
the
following
items
to
the
Regional
Administrator:

(
A)
A
letter
signed
by
the
owner's
or
operator's
chief
financial
officer
that
provides
evidence
demonstrating
that
the
firm
meets
the
conditions
of
paragraphs
(
f)(
1)(
i)
and
(
f)(
1)(
ii)
of
this
section.
If
the
firm
is
providing
only
liability
coverage
through
a
financial
test
for
a
facility
or
facilities
with
a
permit
under
§
267,
the
letter
should
use
the
wording
in
§
267.151(
b).
If
the
firm
is
providing
only
liability
coverage
through
a
financial
test
for
facilities
regulated
under
§
267
and
also
158
§
264
or
§
265,
it
should
use
the
letter
in
§
264.151(
g).
If
the
firm
is
providing
liability
coverage
through
a
financial
test
for
a
facility
or
facilities
with
a
permit
under
§
267,
and
it
assures
closure
costs
or
any
other
environmental
obligations
through
a
financial
test,
it
must
use
the
letter
in
§
267.151(
a)
for
the
facilities
issued
a
permit
under
§
267.

(
B)
A
copy
of
the
independent
certified
public
accountant's
unqualified
opinion
of
the
owner's
or
operator's
financial
statements
for
the
latest
completed
fiscal
year.
To
be
eligible
to
use
the
financial
test,
the
owner's
or
operator's
financial
statements
must
receive
an
unqualified
opinion
from
the
independent
certified
public
accountant.
An
adverse
opinion,
disclaimer
of
opinion,
or
other
qualified
opinion
will
be
cause
for
disallowance,
with
the
potential
exception
for
qualified
opinions
provided
in
the
next
sentence.
The
Regional
Administrator
may
evaluate
qualified
opinions
on
a
case­
by­
case
basis
and
allow
use
of
the
financial
test
in
cases
where
the
Regional
Administrator
deems
that
the
matters
which
form
the
basis
for
the
qualification
are
insufficient
to
warrant
disallowance
of
the
test.
If
the
Regional
Administrator
does
not
allow
use
of
the
test,
the
owner
or
operator
must
provide
alternate
financial
assurance
that
meets
the
requirements
of
this
section
(
267.147)
within
30
days
after
the
notification
of
disallowance.

(
C)
If
the
chief
financial
officer's
letter
providing
evidence
of
financial
assurance
includes
financial
data
showing
that
the
owner
or
operator
satisfies
paragraphs
(
f)(
1)(
i)
and
(
ii)
of
this
section
that
are
different
from
data
in
the
audited
financial
statements
referred
to
in
paragraph
(
f)(
2)(
i)(
B)
of
this
section
or
any
other
audited
financial
statement
or
data
filed
with
the
SEC,
then
a
special
report
from
the
owner's
or
operator's
independent
certified
public
accountant
to
the
owner
or
operator
is
required.
The
special
report
shall
be
based
upon
an
agreed
upon
procedures
engagement
in
accordance
with
professional
auditing
standards
and
shall
describe
the
procedures
performed
in
comparing
the
data
in
the
chief
financial
officer's
letter
derived
from
the
independently
audited,
year­
end
financial
statements
for
the
latest
fiscal
year
with
the
amounts
in
such
financial
statements,
the
findings
of
that
comparison,
and
the
reasons
for
any
differences.

(
ii)
The
owner
or
operator
of
a
new
facility
must
submit
the
items
specified
in
paragraph
(
f)(
2)(
i)
of
this
section
to
the
Regional
Administrator
at
least
60
days
before
placing
waste
in
the
facility.

(
iii)
After
the
initial
submission
of
items
specified
in
paragraph
(
f)(
2)(
i)
of
this
section,
the
owner
or
operator
must
send
updated
information
to
the
Regional
Administrator
within
90
days
following
the
close
of
the
owner
or
operator's
fiscal
year.
The
Regional
Administrator
may
provide
up
to
an
additional
45
days
for
an
owner
or
operator
who
can
demonstrate
that
90
days
is
159
insufficient
time
to
acquire
audited
financial
statements.
The
updated
information
must
consist
of
all
items
specified
in
paragraph
(
f)(
2)(
i)
of
this
section.

(
iv)
The
owner
or
operator
is
no
longer
required
to
submit
the
items
specified
in
this
paragraph
(
f)(
2)
or
comply
with
the
requirements
of
this
paragraph
(
f)
when:

(
A)
The
owner
or
operator
substitutes
alternate
financial
assurance
as
specified
in
this
section
that
is
not
subject
to
these
recordkeeping
and
reporting
requirements;
or
(
B)
The
Regional
Administrator
releases
the
owner
or
operator
from
the
requirements
of
this
section
in
accordance
with
paragraph
(
j)
of
this
section.

(
v)
An
owner
or
operator
who
no
longer
meets
the
requirements
of
paragraph
(
f)(
1)
of
this
section
cannot
use
the
financial
test
to
demonstrate
financial
assurance.
An
owner
or
operator
who
no
longer
meets
the
requirements
of
paragraph
(
f)(
1)
of
this
section,
must:

(
A)
Send
notice
to
the
Regional
Administrator
of
intent
to
establish
alternate
financial
assurance
as
specified
in
this
section.
The
owner
or
operator
must
send
this
notice
by
certified
mail
within
90
days
following
the
close
of
the
owner
or
operator's
fiscal
year
for
which
the
yearend
financial
data
show
that
the
owner
or
operator
no
longer
meets
the
requirements
of
this
section.

(
B)
Provide
alternative
financial
assurance
within
120
days
after
the
end
of
such
fiscal
year.

(
vi)
The
Regional
Administrator
may,
based
on
a
reasonable
belief
that
the
owner
or
operator
may
no
longer
meet
the
requirements
of
paragraph
(
f)(
1)
of
this
section,
require
at
any
time
the
owner
or
operator
to
provide
reports
of
its
financial
condition
in
addition
to
or
including
current
financial
test
documentation
as
specified
in
paragraph
(
f)(
2)
of
this
section.
If
the
Regional
Administrator
finds
that
the
owner
or
operator
no
longer
meets
the
requirements
of
paragraph
(
f)(
1)
of
this
section,
the
owner
or
operator
must
provide
alternate
financial
assurance
that
meets
the
requirements
of
this
section.

(
g)
Guarantee
for
liability
coverage.
(
1)
Subject
to
paragraph
(
g)(
2)
of
this
section,
an
owner
or
operator
may
meet
the
requirements
of
this
section
by
obtaining
a
written
guarantee,

hereinafter
referred
to
as
"
guarantee."
The
guarantor
must
be
the
direct
or
higher­
tier
parent
corporation
of
the
owner
or
operator,
a
firm
whose
parent
corporation
is
also
the
parent
corporation
of
the
owner
or
operator,
or
a
firm
with
a
"
substantial
business
relationship"
with
the
owner
or
operator.
The
guarantor
must
meet
the
requirements
for
owners
or
operators
in
paragraphs
(
f)(
1)
through
(
f)(
3)
of
this
section.
The
wording
of
the
guarantee
must
be
identical
to
the
wording
specified
in
40
CFR
264.151(
h)(
2).
A
certified
copy
of
the
guarantee
must
accompany
the
items
sent
to
the
Regional
Administrator
as
specified
in
paragraph
(
f)(
2)
of
this
160
section.
One
of
these
items
must
be
the
letter
from
the
guarantor's
chief
financial
officer.
If
the
guarantor's
parent
corporation
is
also
the
parent
corporation
of
the
owner
or
operator,
this
letter
must
describe
the
value
received
in
consideration
of
the
guarantee.
If
the
guarantor
is
a
firm
with
a
"
substantial
business
relationship"
with
the
owner
or
operator,
this
letter
must
describe
this
"
substantial
business
relationship"
and
the
value
received
in
consideration
of
the
guarantee.

(
i)
If
the
owner
or
operator
fails
to
satisfy
a
judgment
based
on
a
determination
of
liability
for
bodily
injury
or
property
damage
to
third
parties
caused
by
sudden
accidental
occurrences
arising
from
the
operation
of
facilities
covered
by
this
corporate
guarantee,
or
fails
to
pay
an
amount
agreed
to
in
settlement
of
claims
arising
from
or
alleged
to
arise
from
such
injury
or
damage,
the
guarantor
will
do
so
up
to
the
limits
of
coverage.

(
ii)
[
Reserved]

(
2)(
i)
In
the
case
of
corporations
incorporated
in
the
United
States,
a
guarantee
may
be
used
to
satisfy
the
requirements
of
this
section
only
if
the
Attorneys
General
or
Insurance
Commissioners
of
the
State
in
which
the
guarantor
is
incorporated,
and
each
State
in
which
a
facility
covered
by
the
guarantee
is
located,
have
submitted
a
written
statement
to
EPA
that
a
guarantee
executed
as
described
in
this
section
and
40
CFR
264.151(
h)(
2)
is
a
legally
valid
and
enforceable
obligation
in
that
State.

(
ii)
In
the
case
of
corporations
incorporated
outside
the
United
States,
a
guarantee
may
be
used
to
satisfy
the
requirements
of
this
section
only
if:

(
A)
the
non­
U.
S.
corporation
has
identified
a
registered
agent
for
service
of
process
in
each
State
in
which
a
facility
covered
by
the
guarantee
is
located
and
in
the
State
in
which
it
has
its
principal
place
of
business,
and
(
B)
the
Attorney
General
or
Insurance
Commissioner
of
each
State
in
which
a
facility
covered
by
the
guarantee
is
located
and
the
State
in
which
the
guarantor
corporation
has
its
principal
place
of
business,
has
submitted
a
written
statement
to
EPA
that
a
guarantee
executed
as
described
in
this
section
and
40
CFR
264.151(
h)(
2)
is
a
legally
valid
and
enforceable
obligation
in
that
State.

§
267.148
Incapacity
of
owners
or
operators,
guarantors,
or
financial
institutions.

(
a)
An
owner
or
operator
must
notify
the
Regional
Administrator
by
certified
mail
of
the
commencement
of
a
voluntary
or
involuntary
proceeding
under
Title
11
(
Bankruptcy),
U.
S.
Code,

naming
the
owner
or
operator
as
debtor,
within
10
days
after
commencement
of
the
proceeding.
A
guarantor
of
a
corporate
guarantee
as
specified
in
§
§
267.143(
g)
and
267.147
(
g)
must
make
such
a
161
notification
if
he
is
named
as
debtor,
as
required
under
the
terms
of
the
corporate
guarantee
(
§
264.151(
h)).

(
b)
An
owner
or
operator
who
fulfills
the
requirements
of
§
267.143
or
§
267.147
by
obtaining
a
trust
fund,
surety
bond,
letter
of
credit,
or
insurance
policy
will
be
deemed
to
be
without
the
required
financial
assurance
or
liability
coverage
in
the
event
of
bankruptcy
of
the
trustee
or
issuing
institution,
or
a
suspension
or
revocation
of
the
authority
of
the
trustee
institution
to
act
as
trustee
or
of
the
institution
issuing
the
surety
bond,
letter
of
credit,
or
insurance
policy
to
issue
such
instruments.
The
owner
or
operator
must
establish
other
financial
assurance
or
liability
coverage
within
60
days
after
such
an
event.

§
267.149
[
Reserved]

§
267.150
State
assumption
of
responsibility.

(
a)
If
a
State
either
assumes
legal
responsibility
for
an
owner's
or
operator's
compliance
with
the
closure
care
or
liability
requirements
of
this
part
or
assures
that
funds
will
be
available
from
State
sources
to
cover
those
requirements,
the
owner
or
operator
will
be
in
compliance
with
the
requirements
of
§
267.143
or
§
267.147
if
the
Regional
Administrator
determines
that
the
State's
assumption
of
responsibility
is
at
least
equivalent
to
the
financial
mechanisms
specified
in
this
subpart.
The
Regional
Administrator
will
evaluate
the
equivalency
of
State
guarantees
principally
in
terms
of
(
1)
certainty
of
the
availability
of
funds
for
the
required
closure
care
activities
or
liability
coverage
and
(
2)
the
amount
of
funds
that
will
be
made
available.
The
Regional
Administrator
may
also
consider
other
factors
as
he
deems
appropriate.
The
owner
or
operator
must
submit
to
the
Regional
Administrator
a
letter
from
the
State
describing
the
nature
of
the
State's
assumption
of
responsibility
together
with
a
letter
from
the
owner
or
operator
requesting
that
the
State's
assumption
of
responsibility
be
considered
acceptable
for
meeting
the
requirements
of
this
subpart.
The
letter
from
the
State
must
include,
or
have
attached
to
it,
the
following
information:
the
facility's
EPA
Identification
Number,
name,
and
address,
and
the
amount
of
funds
for
closure
care
or
liability
coverage
that
are
guaranteed
by
the
State.
The
Regional
Administrator
will
notify
the
owner
or
operator
of
his
determination
regarding
the
acceptability
of
the
State's
guarantee
in
lieu
of
financial
mechanisms
specified
in
this
subpart.
The
Regional
Administrator
may
require
the
owner
or
operator
to
submit
additional
information
as
is
deemed
necessary
to
make
this
determination.
Pending
this
determination,
the
owner
or
operator
will
be
deemed
to
be
in
compliance
with
the
requirements
of
§
267.143
or
§
267.147,
as
applicable.
162
(
b)
If
a
State's
assumption
of
responsibility
is
found
acceptable
as
specified
in
paragraph
(
a)

of
this
section
except
for
the
amount
of
funds
available,
the
owner
or
operator
may
satisfy
the
requirements
of
this
subpart
by
use
of
both
the
State's
assurance
and
additional
financial
mechanisms
as
specified
in
this
subpart.
The
amount
of
funds
available
through
the
State
and
Federal
mechanisms
must
at
least
equal
the
amount
required
by
this
subpart.

§
267.151
Wording
of
the
instruments
(
b)
The
chief
financial
officer
of
an
owner
or
operator
of
a
facility
with
a
standardized
permit
who
use
a
financial
test
to
demonstrate
financial
assurance
for
that
facility
must
complete
a
letter
as
specified
in
Section
267.143(
f)
of
this
chapter.
The
letter
must
be
worded
as
follows,
except
that
instructions
in
brackets
are
to
be
replaced
with
the
relevant
information
and
the
brackets
deleted:

I
am
the
chief
financial
officer
of
[
name
and
address
of
firm].
This
letter
is
in
support
of
this
firm's
use
of
the
financial
test
to
demonstrate
financial
assurance
for
closure
costs,
as
specified
in
[
insert
"
subpart
H
of
40
CFR
part
267"
or
the
citation
to
the
corresponding
state
regulation].
This
firm
qualifies
for
the
financial
test
on
the
basis
of
having
[
insert
"
a
current
rating
for
its
senior
unsecured
debt
of
AAA,
AA,
A,
or
BBB
as
issued
by
Standard
and
Poor's
or
Aaa,
Aa,
A
or
Baa
as
issued
by
Moody's"
or
"
a
ratio
of
less
than
1.50
comparing
total
liabilities
to
net
worth"
or
"
a
ratio
of
greater
than
0.10
comparing
the
sum
of
net
income
plus
depreciation,
depletion
and
amortization,
minus
$
10
million,
to
total
liabilities."]

This
firm
[
insert
"
is
required"
or
"
is
not
required"]
to
file
a
Form
10K
with
the
Securities
and
Exchange
Commission
(
SEC)
for
the
latest
fiscal
year.

The
fiscal
year
of
this
firm
ends
on
[
month,
day].
The
figures
for
the
following
items
marked
with
an
asterisk
are
derived
from
this
firm's
independently
audited,
year­
end
financial
statements
for
the
latest
completed
fiscal
year,
ended
[
date].

[
If
this
firm
qualifies
on
the
basis
of
its
bond
rating
fill
in
the
requested
information:
"
This
firm
has
a
rating
of
its
senior
unsecured
debt
of"
[
insert
the
bond
rating]
"
from"
[
insert
"
Standard
and
Poor's"
or
"
Moody's"]
.
Complete
Line
1.
Total
Liabilities
below
and
then
skip
the
remaining
163
questions
in
the
next
section
and
resume
completing
the
form
at
the
section
entitled
Obligations
Covered
by
a
Financial
Test
or
Corporate
Guarantee.]

[
If
this
firm
qualifies
for
the
financial
test
on
the
basis
of
its
ratio
of
liabilities
to
net
worth,
or
sum
of
income,
depreciation,
depletion,
and
amortization
to
net
worth,
please
complete
the
following
section.]

*
1.
Total
Liabilities
$__________________

*
2.
Net
Worth
$__________________

*
3.
Net
Income
$__________________

*
4.
Depreciation
$__________________

*
5.
Depletion
(
if
applicable)
$__________________

*
6.
Amortization
$__________________

*
7.
Sum
of
Lines
3.,
4.,
5.
&
6.
$__________________

[
If
the
above
figures
are
taken
directly
from
the
most
recent
audited
financial
statements
for
this
firm
insert
"
The
above
figures
are
taken
directly
from
the
most
recent
audited
financial
statements
for
this
firm."
If
they
are
not,
insert
"
The
following
items
are
not
taken
directly
from
the
firms
most
recent
audited
financial
statements"
[
insert
the
numbers
of
the
items
and
attach
an
explanation
of
how
they
were
derived.]]

[
Complete
the
following
calculations]

8.
Line
1.
÷
Line
2.
=
__________________

9.
Line
7.
÷
Line
1.
=
__________________

Is
Line
8.
less
than
1.5?
_____
Yes
_____
No
Is
Line
9
greater
than
0.10?
_____
Yes
_____
No
[
If
you
did
not
answer
Yes
to
either
of
these
two
questions,
you
cannot
use
the
financial
test
and
need
not
complete
this
letter.
Instead,
you
must
notify
the
permitting
authority
for
the
facility
that
you
intend
to
establish
alternate
financial
assurance
as
specified
in
40
CFR
267.143.
The
owner
or
164
operator
must
send
this
notice
by
certified
mail
within
90
days
following
the
close
of
the
owner
or
operator's
fiscal
year
for
which
the
year­
end
financial
data
show
that
the
owner
or
operator
no
longer
meets
the
requirements
of
this
section.
The
owner
or
operator
must
also
provide
alternative
financial
assurance
within120
days
after
the
end
of
such
fiscal
year.]

Obligations
Covered
by
a
Financial
Test
or
Corporate
Guarantee
[
On
the
following
lines
list
all
obligations
that
are
covered
by
a
financial
test
or
a
corporate
guarantee
extended
by
your
firm.
You
may
add
additional
lines
and
leave
blank
entries
that
do
not
apply
to
your
situation.]

Hazardous
Waste
Facility
Name
and
ID
State
Closure
Post­
Closure
Corrective
Action
________________________________
___
$________
$_________
$____________

________________________________
___
________
_________
____________

Hazardous
Waste
Third
Party
Liability
$____________

Municipal
Waste
Facilities
State
Closure
Post­
Closure
Corrective
Action
________________________________
____
$________
$_________
$_____________

________________________________
____
________
__________

____________

_

Underground
Injection
Control
State
Plugging
Costs
____
$_____________

Petroleum
Underground
Storage
Tanks
$_____________
165
PCB
Storage
Facility
Name
and
ID
State
Closure
________________________________
____
$_____________

Any
financial
assurance
required
under,
or
as
part
of
an
action
undertaken
under,
the
Comprehensive
Environmental
Response,
Compensation,
and
Liability
Act
Site
Name
State
Amount
_______________________________________
_____
$________

Any
other
environmental
obligations
that
are
assured
through
a
financial
test.

Name
Amount
______________________________________
$________

*
10
Total
of
all
amounts
$___________

*
11
Line
10
+
$
10,000,000
=
$___________

*
12.
Total
Assets
$___________

*
13.
Intangible
Assets
$___________

*
14.
Tangible
Assets
(
Line
12.
­
Line
13)
$___________

*
15.
Tangible
Net
Worth
(
Line
14.
­
Line
1.)
$___________

*
16.
Assets
in
the
United
States
$___________

Is
Line
15
greater
than
Line
11?
_____
Yes
_____
No
Is
Line
16
no
less
than
Line
10?
_____
Yes
_____
No
[
You
must
be
able
to
answer
Yes
to
both
these
questions
to
use
the
financial
test
for
this
facility.]
166
I
hereby
certify
that
the
wording
of
this
letter
is
identical
to
the
wording
specified
in
40
CFR
267.151
as
such
regulations
were
constituted
on
the
date
shown
immediately
below.

[
Signature]_____________________________________________________________

[
Name]__________________________________________________________________

[
Title]_________________________________________________________________

[
Date]__________________________________________________________________

[
After
completion,
a
signed
copy
of
the
form
must
be
sent
to
the
permitting
authority
of
the
state
or
territory
where
the
facility
is
located.
In
addition,
a
signed
copy
must
be
sent
to
every
authority
who
(
1)
requires
a
demonstration
through
a
financial
test
for
each
of
the
other
obligations
in
the
letter
that
are
assured
through
a
financial
test,
or
(
2)
accepts
a
guarantee
for
an
obligation
listed
in
this
letter.]

(
b)
The
chief
financial
officer
of
an
owner
or
operator
of
a
facility
with
a
standardized
permit
who
use
a
financial
test
to
demonstrate
financial
assurance
only
for
third
party
liability
for
that
(
or
other
standardized
permit)
facility(
ies)
must
complete
a
letter
as
specified
in
Section
267.147(
f)
of
this
chapter.
The
letter
must
be
worded
as
follows,
except
that
instructions
in
brackets
are
to
be
replaced
with
the
relevant
information
and
the
brackets
deleted:

I
am
the
chief
financial
officer
of
[
name
and
address
of
firm].
This
letter
is
in
support
of
this
firm's
use
of
the
financial
test
to
demonstrate
financial
assurance
for
third
party
liability,
as
specified
in
[
insert
"
subpart
H
of
40
CFR
part
267"
or
the
citation
to
the
corresponding
state
regulation].
This
firm
qualifies
for
the
financial
test
on
the
basis
of
having
tangible
net
worth
of
at
least
$
10
million
more
than
the
amount
of
liability
coverage
and
assets
in
the
United
States
of
at
least
the
amount
of
liability
coverage.

This
firm
[
insert
"
is
required"
or
"
is
not
required"]
to
file
a
Form
10K
with
the
Securities
and
Exchange
Commission
(
SEC)
for
the
latest
fiscal
year.
167
The
fiscal
year
of
this
firm
ends
on
[
month,
day].
The
figures
for
the
following
items
marked
with
an
asterisk
are
derived
from
this
firm's
independently
audited,
year­
end
financial
statements
for
the
latest
completed
fiscal
year,
ended
[
date].

[
Please
complete
the
following
section.]

*
1.
Total
Assets
$___________

*
2.
Intangible
Assets
$___________

*
3.
Tangible
Assets
(
Line
1
­
Line
2)
$___________

*
4.
Total
Liabilities
$____________

5.
Tangible
Net
Worth
(
Line
3
­
Line
4)
$___________

*
6.
Assets
in
the
United
States
$___________

7.
Amount
of
liability
coverage
$___________

Is
Line
5
At
least
$
10
million
greater
than
Line
7?
_____
Yes
_____
No
Is
Line
6
at
least
equal
to
Line
7?
_____
Yes
_____
No
[
You
must
be
able
to
answer
Yes
to
both
these
questions
to
use
the
financial
test
for
this
facility.]

I
hereby
certify
that
the
wording
of
this
letter
is
identical
to
the
wording
specified
in
40
CFR
267.151
as
such
regulations
were
constituted
on
the
date
shown
immediately
below.

[
Signature]_____________________________________________________________

[
Name]__________________________________________________________________

[
Title]_________________________________________________________________

[
Date]__________________________________________________________________

[
After
completion,
a
signed
copy
of
the
form
must
be
sent
to
the
permitting
authority
of
the
state
or
territory
where
the
facility(
ies)
is(
are)
located.]
168
Subpart
I­­
Use
and
Management
of
Containers
Section
267.170
Does
this
subpart
apply
to
me?

This
subpart
applies
to
you
if
you
own
or
operate
a
facility
that
treats
or
stores
hazardous
waste
in
containers
under
a
40
CFR
part
270
subpart
J
standardized
permit,
except
as
provided
in
Section
267.1(
b).

Section
267.171
What
standards
apply
to
the
containers?

Standards
apply
to
the
condition
of
the
containers,
to
the
compatibility
of
waste
with
the
containers,
and
to
the
management
of
the
containers.

(
a)
Condition
of
containers.
If
a
container
holding
hazardous
waste
is
not
in
good
condition
(
for
example,
it
exhibits
severe
rusting
or
apparent
structural
defects)
or
if
it
begins
to
leak,
you
must
either:

(
1)
Transfer
the
hazardous
waste
from
this
container
to
a
container
that
is
in
good
condition;
or
(
2)
Manage
the
waste
in
some
other
way
that
complies
with
the
requirements
of
this
part.

(
b)
Compatibility
of
waste
with
containers.
To
ensure
that
the
ability
of
the
container
to
contain
the
waste
is
not
impaired,
you
must
use
a
container
made
of
or
lined
with
materials
that
are
compatible
and
will
not
react
with
the
hazardous
waste
to
be
stored.

(
c)
Management
of
containers.
(
1)
You
must
always
keep
a
container
holding
hazardous
waste
closed
during
storage,
except
when
you
add
or
remove
waste.

(
2)
You
must
never
open,
handle,
or
store
a
container
holding
hazardous
waste
in
a
manner
that
may
rupture
the
container
or
cause
it
to
leak.

Section
267.172
What
are
the
inspection
requirements?

At
least
weekly,
you
must
inspect
areas
where
you
store
containers,
looking
for
leaking
containers
and
for
deterioration
of
containers
and
the
containment
system
caused
by
corrosion
or
other
factors.

Section
267.173
What
standards
apply
to
the
container
storage
areas?
169
(
a)
You
must
design
and
operate
a
containment
system
for
your
container
storage
areas
according
to
the
requirements
in
paragraph
(
b)
of
this
section,
except
as
otherwise
provided
by
paragraph
(
c)
of
this
section.

(
b)
The
design
and
operating
requirements
for
a
containment
system
are:

(
1)
A
base
must
underlie
the
containers
that
is
free
of
cracks
or
gaps
and
is
sufficiently
impervious
to
contain
leaks,
spills,
and
accumulated
precipitation
until
the
collected
material
is
detected
and
removed.

(
2)
The
base
must
be
sloped
or
the
containment
system,
must
be
otherwise
designed
and
operated
to
drain
and
remove
liquids
resulting
from
leaks,
spills,
or
precipitation,
unless
the
containers
are
elevated
or
are
otherwise
protected
from
contact
with
accumulated
liquids.

(
3)
The
containment
system
must
have
sufficient
capacity
to
contain
10%
of
the
volume
of
containers,
or
the
volume
of
the
largest
container,
whichever
is
greater.
This
requirement
does
not
apply
to
containers
that
do
not
contain
free
liquids.

(
4)
You
must
prevent
run­
on
into
the
containment
system
unless
the
collection
system
has
sufficient
excess
capacity,
in
addition
to
that
required
in
paragraph
(
b)(
3)
of
this
section,
to
contain
the
liquid.

(
5)
You
must
remove
any
spilled
or
leaked
waste
and
accumulated
precipitation
from
the
sump
or
collection
area
as
promptly
as
is
necessary
to
prevent
overflow
of
the
collection
system.

(
c)
Except
as
provided
in
paragraph
(
d)
of
this
section,
you
do
not
need
a
containment
system
as
defined
in
paragraph
(
b)
of
this
section
for
storage
areas
that
store
containers
holding
only
wastes
with
no
free
liquids,
if:

(
1)
The
storage
area
is
sloped
or
is
otherwise
designed
and
operated
to
drain
and
remove
liquid
resulting
from
precipitation,
or
(
2)
The
containers
are
elevated
or
are
otherwise
protected
from
contact
with
accumulated
liquid.

(
d)
You
must
have
a
containment
system
defined
by
paragraph
(
b)
of
this
section
for
storage
areas
that
store
containers
holding
FO20,
FO21,
FO22,
FO23,
FO26,
and
FO27
wastes,
even
if
the
wastes
do
not
contain
free
liquids.

Section
267.174
What
special
requirements
must
I
meet
for
ignitable
or
reactive
waste?
170
You
must
locate
containers
holding
ignitable
or
reactive
waste
at
least
15
meters
(
50
feet)
from
your
facility
property
line.
You
must
also
follow
the
general
requirements
for
ignitable
or
reactive
wastes
that
are
specified
in
Section
267.17(
a).

Section
267.175
What
special
requirements
must
I
meet
for
incompatible
wastes?

(
a)
You
must
not
place
incompatible
wastes,
or
incompatible
wastes
and
materials
(
see
appendix
V
to
40
CFR
part
264
for
examples),
in
the
same
container,
unless
you
comply
with
Section
267.17(
b).

(
b)
You
must
not
place
hazardous
waste
in
an
unwashed
container
that
previously
held
an
incompatible
waste
or
material.

(
c)
You
must
separate
a
storage
container
holding
a
hazardous
waste
that
is
incompatible
with
any
waste
or
with
other
materials
stored
nearby
in
other
containers,
piles,
open
tanks,
or
surface
impoundments
from
the
other
materials,
or
protect
the
containers
by
means
of
a
dike,
berm,
wall,

or
other
device.

Section
267.176
What
must
I
do
when
I
want
to
stop
using
the
containers?

You
must
remove
all
hazardous
waste
and
hazardous
waste
residues
from
the
containment
system.
You
must
decontaminate
or
remove
remaining
containers,
liners,
bases,
and
soil
containing,
or
contaminated
with,
hazardous
waste
or
hazardous
waste
residues.

Section
267.177
What
air
emission
standards
apply?

You
must
manage
all
hazardous
waste
placed
in
a
container
according
to
the
requirements
of
subparts
AA,
BB,
and
CC
of
40
CFR
part
264.
Under
a
standardized
permit,
the
following
control
devices
are
permissible:
Thermal
vapor
incinerator,
catalytic
vapor
incinerator,
flame,
boiler,

process
heater,
condenser,
and
carbon
absorption
unit.

Subpart
J­­
Tank
Systems
Section
267.190
Does
this
subpart
apply
to
me?
171
This
subpart
applies
to
you
if
you
own
or
operate
a
facility
that
treats
or
stores
hazardous
waste
in
above­
ground
or
on­
ground
tanks
under
a
40
CFR
part
270
subpart
J
standardized
permit,

except
as
provided
in
Sec.
267.1(
b).

(
a)
You
do
not
have
to
meet
the
secondary
containment
requirements
in
Section
267.195
if
your
tank
systems
do
not
contain
free
liquids
and
are
situated
inside
a
building
with
an
impermeable
floor.
You
must
demonstrate
the
absence
or
presence
of
free
liquids
in
the
stored/

treated
waste,
using
Method
9095B
(
Paint
Filter
Liquids
Test)
as
described
in
"
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,"
EPA
Publication
SW­
846,
as
incorporated
by
reference
in
40
CFR
260.11.

(
b)
You
do
not
have
to
meet
the
secondary
containment
requirements
of
Section
267.195(
a)
if
your
tank
system,
including
sumps,
as
defined
in
40
CFR
260.10,
is
part
of
a
secondary
containment
system
to
collect
or
contain
releases
of
hazardous
wastes.

Section
267.191
What
are
the
required
design
and
construction
standards
for
new
tank
systems
or
components?

You
must
ensure
that
the
foundation,
structural
support,
seams,
connections,
and
pressure
controls
(
if
applicable)
are
adequately
designed
and
that
the
tank
system
has
sufficient
structural
strength,
compatibility
with
the
waste(
s)
to
be
stored
or
treated,
and
corrosion
protection
to
ensure
that
it
will
not
collapse,
rupture,
or
fail.
You
must
obtain
a
written
assessment,
reviewed
and
certified
by
an
independent,
qualified
registered
professional
engineer,
following
40
CFR
270.11(
d),
attesting
that
the
tank
system
has
sufficient
structural
integrity
and
is
acceptable
for
the
storing
and
treating
of
hazardous
waste.
This
assessment
must
include,
at
a
minimum,
the
following
information:

(
a)
Design
standard(
s)
for
the
construction
of
tank(
s)
and/
or
the
ancillary
equipment.

(
b)
Hazardous
characteristics
of
the
waste(
s)
to
be
handled.

(
c)
For
new
tank
systems
or
components
in
which
the
external
shell
of
a
metal
tank
or
any
external
metal
component
of
the
tank
system
will
be
in
contact
with
the
soil
or
with
water,
a
determination
by
a
corrosion
expert
of:

(
1)
Factors
affecting
the
potential
for
corrosion,
such
as:

(
i)
Soil
moisture
content.

(
ii)
Soil
pH.

(
iii)
Soil
sulfides
level.
172
(
iv)
Soil
resistivity.

(
v)
Structure
to
soil
potential.

(
vi)
Existence
of
stray
electric
current.

(
vii)
Existing
corrosion­
protection
measures
(
for
example,
coating,
cathodic
protection).

(
2)
The
type
and
degree
of
external
corrosion
protection
needed
to
ensure
the
integrity
of
the
tank
system
during
the
use
of
the
tank
system
or
component,
consisting
of
one
or
more
of
the
following:

(
i)
Corrosion­
resistant
materials
of
construction
such
as
special
alloys,
fiberglass
reinforced
plastic,
etc.

(
ii)
Corrosion­
resistant
coating
(
such
as
epoxy,
fiberglass,
etc.)
with
cathodic
protection
(
for
example,
impressed
current
or
sacrificial
anodes)
and
(
iii)
Electrical
isolation
devices
such
as
insulating
joints,
flanges,
etc.

(
d)
Design
considerations
to
ensure
that:

(
1)
Tank
foundations
will
maintain
the
load
of
a
full
tank.

(
2)
Tank
systems
will
be
anchored
to
prevent
flotation
or
dislodgment
where
the
tank
system
is
placed
in
a
saturated
zone,
or
is
located
within
a
seismic
fault
zone
subject
to
the
standards
of
Section
267.18(
a).

(
3)
Tank
systems
will
withstand
the
effects
of
frost
heave.

Section
267.192
What
handling
and
inspection
procedures
must
I
follow
during
installation
of
new
tank
systems?

(
a)
You
must
ensure
that
you
follow
proper
handling
procedures
to
prevent
damage
to
a
new
tank
system
during
installation.
Before
placing
a
new
tank
system
or
component
in
use,
an
independent,
qualified
installation
inspector
or
an
independent,
qualified,
registered
professional
engineer,
either
of
whom
is
trained
and
experienced
in
the
proper
installation
of
tank
systems
or
components,
must
inspect
the
system
for
the
presence
of
any
of
the
following
items:

(
1)
Weld
breaks.

(
2)
Punctures.

(
3)
Scrapes
of
protective
coatings.

(
4)
Cracks.

(
5)
Corrosion.

(
6)
Other
structural
damage
or
inadequate
construction/
installation.
173
(
b)
You
must
remedy
all
discrepancies
before
the
tank
system
is
placed
in
use.

Section
267.193
What
testing
must
I
do?

You
must
test
all
new
tanks
and
ancillary
equipment
for
tightness
before
you
place
them
in
use.

If
you
find
a
tank
system
that
is
not
tight,
you
must
perform
all
repairs
necessary
to
remedy
the
leak(
s)
in
the
system
before
you
cover,
enclose,
or
place
the
tank
system
into
use.

Section
267.194
What
installation
requirements
must
I
follow?

(
a)
You
must
support
and
protect
ancillary
equipment
against
physical
damage
and
excessive
stress
due
to
settlement,
vibration,
expansion,
or
contraction.

(
b)
You
must
provide
the
type
and
degree
of
corrosion
protection
recommended
by
an
independent
corrosion
expert,
based
on
the
information
provided
under
Section
267.191(
c),
to
ensure
the
integrity
of
the
tank
system
during
use
of
the
tank
system.
An
independent
corrosion
expert
must
supervise
the
installation
of
a
corrosion
protection
system
that
is
field
fabricated
to
ensure
proper
installation.

(
c)
You
must
obtain,
and
keep
at
the
facility,
written
statements
by
those
persons
required
to
certify
the
design
of
the
tank
system
and
to
supervise
the
installation
of
the
tank
system
as
required
in
Sections
267.192,
267.193,
and
paragraphs
(
a)
and
(
b)
of
this
section.
The
written
statement
must
attest
that
the
tank
system
was
properly
designed
and
installed
and
that
you
made
repairs
under
Sections
267.192
and
267.193.
These
written
statements
must
also
include
the
certification
statement
as
required
in
40
CFR
270.11(
d).

Section
267.195
What
are
the
secondary
containment
requirements?

To
prevent
the
release
of
hazardous
waste
or
hazardous
constituents
to
the
environment,
you
must
provide
secondary
containment
that
meets
the
requirements
of
this
section
for
all
new
and
existing
tank
systems.

(
a)
Secondary
containment
systems
must
be:

(
1)
Designed,
installed,
and
operated
to
prevent
any
migration
of
wastes
or
accumulated
liquid
out
of
the
system
to
the
soil,
groundwater,
or
surface
water
at
any
time
during
the
use
of
the
tank
system;
and
174
(
2)
Capable
of
detecting
and
collecting
releases
and
accumulated
liquids
until
the
collected
material
is
removed.

(
b)
To
meet
the
requirements
of
paragraph
(
a)
of
this
section,
secondary
containment
systems
must
be,
at
a
minimum:

(
1)
Constructed
of
or
lined
with
materials
that
are
compatible
with
the
wastes(
s)
to
be
placed
in
the
tank
system
and
must
have
sufficient
strength
and
thickness
to
prevent
failure
owing
to
pressure
gradients
(
including
static
head
and
external
hydrological
forces),
physical
contact
with
the
waste
to
which
it
is
exposed,
climatic
conditions,
and
the
stress
of
daily
operation
(
including
stresses
from
nearby
vehicular
traffic).

(
2)
Placed
on
a
foundation
or
base
capable
of
providing
support
to
the
secondary
containment
system,
resistance
to
pressure
gradients
above
and
below
the
system,
and
capable
of
preventing
failure
due
to
settlement,
compression,
or
uplift.

(
3)
Provided
with
a
leak­
detection
system
that
is
designed
and
operated
so
that
it
will
detect
the
failure
of
either
the
primary
or
secondary
containment
structure
or
the
presence
of
any
release
of
hazardous
waste
or
accumulated
liquid
in
the
secondary
containment
system
within
24
hours.

(
4)
Sloped
or
otherwise
designed
or
operated
to
drain
and
remove
liquids
resulting
from
leaks,

spills,
or
precipitation.
You
must
remove
spilled
or
leaked
waste
and
accumulated
precipitation
from
the
secondary
containment
system
within
24
hours,
or
as
promptly
as
possible,
to
prevent
harm
to
human
health
and
the
environment.

Section
267.196
What
are
the
required
devices
for
secondary
containment
and
what
are
their
design,
operating
and
installation
requirements?

(
a)
Secondary
containment
for
tanks
must
include
one
or
more
of
the
following:

(
1)
A
liner
(
external
to
the
tank).

(
2)
A
double­
walled
tank.

(
3)
An
equivalent
device;
you
must
maintain
documentation
of
equivalency
at
the
facility.

(
b)
External
liner
systems
must
be:

(
1)
Designed
or
operated
to
contain
100
percent
of
the
capacity
of
the
largest
tank
within
its
boundary.

(
2)
Designed
or
operated
to
prevent
run­
on
or
infiltration
of
precipitation
into
the
secondary
containment
system
unless
the
collection
system
has
sufficient
excess
capacity
to
contain
run­
on
or
175
infiltration.
The
additional
capacity
must
be
sufficient
to
contain
precipitation
from
a
25­
year,

24­
hour
rainfall
event.

(
3)
Free
of
cracks
or
gaps.

(
4)
Designed
and
installed
to
surround
the
tank
completely
and
to
cover
all
surrounding
earth
likely
to
come
into
contact
with
the
waste
if
the
waste
is
released
from
the
tank(
s)
(
that
is,
capable
of
preventing
lateral
as
well
as
vertical
migration
of
the
waste).

(
c)
Double­
walled
tanks
must
be:

(
1)
Designed
as
an
integral
structure
(
that
is,
an
inner
tank
completely
enveloped
within
an
outer
shell)
so
that
any
release
from
the
inner
tank
is
contained
by
the
outer
shell.

(
2)
Protected,
if
constructed
of
metal,
from
both
corrosion
of
the
primary
tank
interior
and
of
the
external
surface
of
the
outer
shell.

(
3)
Provided
with
a
built­
in
continuous
leak
detection
system
capable
of
detecting
a
release
within
24
hours.

Section
267.197
What
are
the
requirements
for
ancillary
equipment?

You
must
provide
ancillary
equipment
with
secondary
containment
(
for
example,
trench,

jacketing,
double­
walled
piping)
that
meets
the
requirements
of
Section
267.195
(
a)
and
(
b),

except
for:

(
a)
Above
ground
piping
(
exclusive
of
flanges,
joints,
valves,
and
other
connections)
that
are
visually
inspected
for
leaks
on
a
daily
basis;

(
b)
Welded
flanges,
welded
joints,
and
welded
connections,
that
are
visually
inspected
for
leaks
on
a
daily
basis;

(
c)
Sealless
or
magnetic
coupling
pumps
and
sealless
valves,
that
are
visually
inspected
for
leaks
on
a
daily
basis;
and
(
d)
Pressurized
above
ground
piping
systems
with
automatic
shut­
off
devices
(
for
example,

excess
flow
check
valves,
flow
metering
shutdown
devices,
loss
of
pressure
actuated
shut­
off
devices)
that
are
visually
inspected
for
leaks
on
a
daily
basis.

Section
267.198
What
are
the
general
operating
requirements
for
my
tank
systems?
176
(
a)
You
must
not
place
hazardous
wastes
or
treatment
reagents
in
a
tank
system
if
they
could
cause
the
tank,
its
ancillary
equipment,
or
the
containment
system
to
rupture,
leak,
corrode,
or
otherwise
fail.

(
b)
You
must
use
appropriate
controls
and
practices
to
prevent
spills
and
overflows
from
tank
or
containment
systems.
These
include,
at
a
minimum:

(
1)
Spill
prevention
controls
(
for
example,
check
valves,
dry
disconnect
couplings).

(
2)
Overfill
prevention
controls
(
for
example,
level
sensing
devices,
high
level
alarms,
automatic
feed
cutoff,
or
bypass
to
a
standby
tank).

(
3)
Sufficient
freeboard
in
uncovered
tanks
to
prevent
overtopping
by
wave
or
wind
action
or
by
precipitation.

(
c)
You
must
comply
with
the
requirements
of
Section
267.200
if
a
leak
or
spill
occurs
in
the
tank
system.

Section
267.199
What
inspection
requirements
must
I
meet?

You
must
comply
with
the
following
requirements
for
scheduling,
conducting,
and
documenting
inspections.

(
a)
Develop
and
follow
a
schedule
and
procedure
for
inspecting
overfill
controls.

(
b)
Inspect
at
least
once
each
operating
day:

(
1)
Aboveground
portions
of
the
tank
system
to
detect
corrosion
or
releases
of
waste.

(
2)
Data
gathered
from
monitoring
and
leak
detection
equipment
(
for
example,
pressure
or
temperature
gauges,
monitoring
wells)
to
ensure
that
the
tank
system
is
being
operated
according
to
its
design.

(
3)
The
construction
materials
and
the
area
immediately
surrounding
the
externally
accessible
portion
of
the
tank
system,
including
the
secondary
containment
system
(
for
example,
dikes)
to
detect
erosion
or
signs
of
releases
of
hazardous
waste
(
for
example,
wet
spots,
dead
vegetation).

(
c)
Inspect
cathodic
protection
systems,
if
present,
according
to,
at
a
minimum,
the
following
schedule
to
ensure
that
they
are
functioning
properly:

(
1)
Confirm
that
the
cathodic
protection
system
is
operating
properly
within
six
months
after
initial
installation
and
annually
thereafter.

(
2)
Inspect
and/
or
test
all
sources
of
impressed
current,
as
appropriate,
at
least
every
other
month.
177
(
d)
Document,
in
the
operating
record
of
the
facility,
an
inspection
of
those
items
in
paragraphs
(
a)
through
(
c)
of
this
section.

Section
267.200
What
must
I
do
in
case
of
a
leak
or
a
spill?

If
there
has
been
a
leak
or
a
spill
from
a
tank
system
or
secondary
containment
system,
or
if
either
system
is
unfit
for
use,
you
must
remove
the
system
from
service
immediately,
and
you
must
satisfy
the
following
requirements:

(
a)
Immediately
stop
the
flow
of
hazardous
waste
into
the
tank
system
or
secondary
containment
system
and
inspect
the
system
to
determine
the
cause
of
the
release.

(
b)
Remove
the
waste
from
the
tank
system
or
secondary
containment
system.

(
1)
If
the
release
was
from
the
tank
system,
you
must,
within
24
hours
after
detecting
the
leak,

remove
as
much
of
the
waste
as
is
necessary
to
prevent
further
release
of
hazardous
waste
to
the
environment
and
to
allow
inspection
and
repair
of
the
tank
system
to
be
performed.

(
2)
If
the
material
released
was
to
a
secondary
containment
system,
you
must
remove
all
released
materials
within
24
hours
or
as
quickly
as
possible
to
prevent
harm
to
human
health
and
the
environment.

(
c)
Immediately
conduct
a
visual
inspection
of
the
release
and,
based
upon
that
inspection:

(
1)
Prevent
further
migration
of
the
leak
or
spill
to
soils
or
surface
water.

(
2)
Remove,
and
properly
dispose
of,
any
visible
contamination
of
the
soil
or
surface
water.

(
d)
Report
any
release
to
the
environment,
except
as
provided
in
paragraph
(
d)(
1)
of
this
section,
to
the
Regional
Administrator
within
24
hours
of
its
detection.
If
you
have
reported
the
release
pursuant
to
40
CFR
part
302,
that
report
will
satisfy
this
requirement.

(
1)
You
need
not
report
on
a
leak
or
spill
of
hazardous
waste
if
it
is:

(
i)
Less
than
or
equal
to
a
quantity
of
one
(
1)
pound,
and
(
ii)
Immediately
contained
and
cleaned
up.

(
2)
Within
30
days
of
detection
of
a
release
to
the
environment,
you
must
submit
a
report
to
the
Regional
Administrator
containing
the
following
information:

(
i)
The
likely
route
of
migration
of
the
release.

(
ii)
The
characteristics
of
the
surrounding
soil
(
soil
composition,
geology,
hydrogeology,

climate).
178
(
iii)
The
results
of
any
monitoring
or
sampling
conducted
in
connection
with
the
release
(
if
available).
If
sampling
or
monitoring
data
relating
to
the
release
are
not
available
within
30
days,

you
must
submit
these
data
to
the
Regional
Administrator
as
soon
as
they
become
available.

(
iv)
The
proximity
to
downgradient
drinking
water,
surface
water,
and
populated
areas.

(
v)
A
description
of
response
actions
taken
or
planned.

(
e)
Either
close
the
system
or
make
necessary
repairs.

(
1)
Unless
you
satisfy
the
requirements
of
paragraphs
(
e)(
2)
and
(
3)
of
this
section,
you
must
close
the
tank
system
according
to
Section
267.201.

(
2)
If
the
cause
of
the
release
was
a
spill
that
has
not
damaged
the
integrity
of
the
system,
you
may
return
the
system
to
service
as
soon
as
you
remove
the
released
waste
and
make
any
necessary
repairs.

(
3)
If
the
cause
of
the
release
was
a
leak
from
the
primary
tank
system
into
the
secondary
containment
system,
you
must
repair
the
system
before
returning
the
tank
system
to
service.

(
f)
If
you
have
made
extensive
repairs
to
a
tank
system
in
accordance
with
paragraph
(
e)
of
this
section
(
for
example,
installation
of
an
internal
liner;
repair
of
a
ruptured
primary
containment
or
secondary
containment
vessel),
you
may
not
return
the
tank
system
to
service
unless
the
repair
is
certified
by
an
independent,
qualified,
registered,
professional
engineer
in
accordance
with
40
CFR
270.11(
d).

(
1)
The
engineer
must
certify
that
the
repaired
system
is
capable
of
handling
hazardous
wastes
without
release
for
the
intended
life
of
the
system.

(
2)
You
must
submit
this
certification
to
the
Regional
Administrator
within
seven
days
after
returning
the
tank
system
to
use.

Section
267.201
What
must
I
do
when
I
stop
operating
the
tank
system?

When
you
close
a
tank
system,
you
must
remove
or
decontaminate
all
waste
residues,

contaminated
containment
system
components
(
liners,
etc.),
contaminated
soils,
and
structures
and
equipment
contaminated
with
waste,
and
manage
them
as
hazardous
waste,
unless
40
CFR
261.3(
d)
applies.
The
closure
plan,
closure
activities,
cost
estimates
for
closure,
and
financial
responsibility
for
tank
systems
must
meet
all
of
the
requirements
specified
in
subparts
G
and
H
of
this
part.

Section
267.202
What
special
requirements
must
I
meet
for
ignitable
or
reactive
wastes?
179
(
a)
You
may
not
place
ignitable
or
reactive
waste
in
tank
systems,
unless:

(
1)
You
treat,
render,
or
mix
the
waste
before
or
immediately
after
placement
in
the
tank
system
so
that:

(
i)
You
comply
with
Section
267.17(
b),
and
(
ii)
The
resulting
waste,
mixture,
or
dissolved
material
no
longer
meets
the
definition
of
ignitable
or
reactive
waste
under
Sections
261.21
or
261.23
of
this
chapter,
or
(
2)
You
store
or
treat
the
waste
in
such
a
way
that
it
is
protected
from
any
material
or
conditions
that
may
cause
the
waste
to
ignite
or
react;
or
(
3)
You
use
the
tank
system
solely
for
emergencies.

(
b)
If
you
store
or
treat
ignitable
or
reactive
waste
in
a
tank,
you
must
comply
with
the
requirements
for
the
maintenance
of
protective
distances
between
the
waste
management
area
and
any
public
ways,
streets,
alleys,
or
an
adjoining
property
line
that
can
be
built
upon
as
required
in
Tables
2­
1
through
2­
6
of
the
National
Fire
Protection
Association's
"
Flammable
and
Combustible
Liquids
Code,"
(
1977
or
1981),
(
incorporated
by
reference,
see
40
CFR
260.11).

Section
267.203
What
special
requirements
must
I
meet
for
incompatible
wastes?

(
a)
You
may
not
place
incompatible
wastes,
or
incompatible
wastes
and
materials,
in
the
same
tank
system,
unless
you
comply
with
Section
267.17(
b).

(
b)
You
may
not
place
hazardous
waste
in
a
tank
system
that
has
not
been
decontaminated
and
that
previously
held
an
incompatible
waste
or
material,
unless
you
comply
with
Section
267.17(
b).

Section
267.204
What
air
emission
standards
apply?

You
must
manage
all
hazardous
waste
placed
in
a
tank
following
the
requirements
of
subparts
AA,
BB,
and
CC
of
40
CFR
part
264.
Under
a
standardized
permit,
the
following
control
devices
are
permissible:
thermal
vapor
incinerator,
catalytic
vapor
incinerator,
flame,
boiler,
process
heater,

condenser,
and
carbon
absorption
unit.

Subparts
K
through
CC
[
Reserved]

Subpart
DD­­
Containment
buildings
180
Section
267.1100
Does
this
subpart
apply
to
me?

This
subpart
applies
to
you
if
you
own
or
operate
a
facility
that
treats
or
stores
hazardous
waste
in
containment
buildings
under
a
40
CFR
part
270
subpart
J
standardized
permit,
except
as
provided
in
Section
267.1(
b).
Storage
and/
or
treatment
in
your
containment
building
is
not
land
disposal
as
defined
in
40
CFR
268.2
if
your
unit
meets
the
requirements
of
Sections
267.1101,

267.1102,
and
267.1103.

Section
267.1101
What
design
and
operating
standards
must
my
containment
building
meet?

Your
containment
building
must
comply
with
the
design
and
operating
standards
in
this
section.

EPA
will
consider
standards
established
by
professional
organizations
generally
recognized
by
the
industry
such
as
the
American
Concrete
Institute
(
ACI)
and
the
American
Society
of
Testing
Materials
(
ASTM)
in
judging
the
structural
integrity
requirements
of
this
section.

(
a)
The
containment
building
must
be
completely
enclosed
with
a
floor,
walls,
and
a
roof
to
prevent
exposure
to
the
elements,
(
e.
g.,
precipitation,
wind,
run­
on),
and
to
assure
containment
of
managed
wastes.

(
b)
The
floor
and
containment
walls
of
the
unit,
including
the
secondary
containment
system,
if
required
under
Section
267.1103,
must
be
designed
and
constructed
of
manmade
materials
of
sufficient
strength
and
thickness
to:

(
1)
Support
themselves,
the
waste
contents,
and
any
personnel
and
heavy
equipment
that
operates
within
the
unit.

(
2)
Prevent
failure
due
to:

(
i)
Pressure
gradients,
settlement,
compression,
or
uplift.

(
ii)
Physical
contact
with
the
hazardous
wastes
to
which
they
are
exposed
(
iii)
Climatic
conditions.

(
iv)
Stresses
of
daily
operation,
including
the
movement
of
heavy
equipment
within
the
unit
and
contact
of
such
equipment
with
containment
walls.

(
v)
Collapse
or
other
failure.

(
c)
All
surfaces
to
be
in
contact
with
hazardous
wastes
must
be
chemically
compatible
with
those
wastes.
181
(
d)
You
must
not
place
incompatible
hazardous
wastes
or
treatment
reagents
in
the
unit
or
its
secondary
containment
system
if
they
could
cause
the
unit
or
secondary
containment
system
to
leak,
corrode,
or
otherwise
fail.

(
e)
A
containment
building
must
have
a
primary
barrier
designed
to
withstand
the
movement
of
personnel,
waste,
and
handling
equipment
in
the
unit
during
the
operating
life
of
the
unit
and
appropriate
for
the
physical
and
chemical
characteristics
of
the
waste
to
be
managed.

(
f)
If
appropriate
to
the
nature
of
the
waste
management
operation
to
take
place
in
the
unit,
an
exception
to
the
structural
strength
requirement
may
be
made
for
light­
weight
doors
and
windows
that
meet
these
criteria:

(
1)
They
provide
an
effective
barrier
against
fugitive
dust
emissions
under
Section
267.1102(
d).

(
2)
The
unit
is
designed
and
operated
in
a
fashion
that
assures
that
wastes
will
not
actually
come
in
contact
with
these
openings.

(
g)
You
must
inspect
and
record
in
the
facility's
operating
record,
at
least
once
every
seven
days,
data
gathered
from
monitoring
equipment
and
leak
detection
equipment,
as
well
as
the
containment
building
and
the
area
immediately
surrounding
the
containment
building
to
detect
signs
of
releases
of
hazardous
waste.

(
h)
You
must
obtain
certification
by
a
qualified
registered
professional
engineer
that
the
containment
building
design
meets
the
requirements
of
Sections
267.1102,
267.1103,
and
paragraphs
(
a)
through
(
f)
of
this
section.

Section
267.1102
What
other
requirements
must
I
meet
to
prevent
releases?

You
must
use
controls
and
practices
to
ensure
containment
of
the
hazardous
waste
within
the
unit,
and
must,
at
a
minimum:

(
a)
Maintain
the
primary
barrier
to
be
free
of
significant
cracks,
gaps,
corrosion,
or
other
deterioration
that
could
cause
hazardous
waste
to
be
released
from
the
primary
barrier.

(
b)
Maintain
the
level
of
the
stored/
treated
hazardous
waste
within
the
containment
walls
of
the
unit
so
that
the
height
of
any
containment
wall
is
not
exceeded.

(
c)
Take
measures
to
prevent
personnel
or
by
equipment
used
in
handling
the
waste
from
tracking
hazardous
waste
out
of
the
unit.
You
must
designate
an
area
to
decontaminate
equipment,

and
you
must
collect
and
properly
manage
any
rinsate.

(
d)
Take
measures
to
control
fugitive
dust
emissions
such
that
any
openings
(
doors,
windows,

vents,
cracks,
etc.)
exhibit
no
visible
emissions
(
see
40
CFR
part
60,
appendix
A,
Method
182
22­­
Visual
Determination
of
Fugitive
Emissions
from
Material
Sources
and
Smoke
Emissions
from
Flares).
In
addition,
you
must
operate
and
maintain
all
associated
particulate
collection
devices
(
for
example,
fabric
filter,
electrostatic
precipitator)
with
sound
air
pollution
control
practices.
You
must
effectively
maintain
this
state
of
no
visible
emissions
at
all
times
during
routine
operating
and
maintenance
conditions,
including
when
vehicles
and
personnel
are
entering
and
exiting
the
unit.

Section
267.1103
What
additional
design
and
operating
standards
apply
if
liquids
will
be
in
my
containment
building?

If
your
containment
building
will
be
used
to
manage
hazardous
wastes
containing
free
liquids
or
treated
with
free
liquids,
as
determined
by
the
paint
filter
test,
by
a
visual
examination,
or
by
other
appropriate
means,
you
must
include:

(
a)
A
primary
barrier
designed
and
constructed
of
materials
to
prevent
the
migration
of
hazardous
constituents
into
the
barrier
(
for
example,
a
geomembrane
covered
by
a
concrete
wear
surface).

(
b)
A
liquid
collection
and
removal
system
to
minimize
the
accumulation
of
liquid
on
the
primary
barrier
of
the
containment
building.

(
1)
The
primary
barrier
must
be
sloped
to
drain
liquids
to
the
associated
collection
system;
and
(
2)
You
must
collect
and
remove
liquids
and
waste
to
minimize
hydraulic
head
on
the
containment
system
at
the
earliest
practicable
time.

(
c)
A
secondary
containment
system,
including
a
secondary
barrier
designed
and
constructed
to
prevent
migration
of
hazardous
constituents
into
the
barrier,
and
a
leak
detection
system
capable
of
detecting
failure
of
the
primary
barrier
and
collecting
accumulated
hazardous
wastes
and
liquids
at
the
earliest
practical
time.

(
1)
You
may
meet
the
requirements
of
the
leak
detection
component
of
the
secondary
containment
system
by
installing
a
system
that
is,
at
a
minimum:

(
i)
Constructed
with
a
bottom
slope
of
1
percent
or
more;
and
(
ii)
Constructed
of
a
granular
drainage
material
with
a
hydraulic
conductivity
of
1
x
10­
2
cm/
sec
or
more
and
a
thickness
of
12
inches
(
30.5
cm)
or
more,
or
constructed
of
synthetic
or
geonet
drainage
materials
with
a
transmissivity
of
3
x
10­
5
m2/
sec
or
more.

(
2)
If
you
will
be
conducting
treatment
in
the
building,
you
must
design
the
area
in
which
the
treatment
will
be
conducted
to
prevent
the
release
of
liquids,
wet
materials,
or
liquid
aerosols
to
other
portions
of
the
building.
183
(
3)
You
must
construct
the
secondary
containment
system
using
materials
that
are
chemically
resistant
to
the
waste
and
liquids
managed
in
the
containment
building
and
of
sufficient
strength
and
thickness
to
prevent
collapse
under
the
pressure
exerted
by
overlaying
materials
and
by
any
equipment
used
in
the
containment
building.

Section
267.1104
How
may
I
obtain
a
waiver
from
secondary
containment
requirements?

Notwithstanding
any
other
provision
of
this
subpart,
the
Regional
Administrator
may
waive
requirements
for
secondary
containment
for
a
permitted
containment
building
where:

(
a)
You
demonstrate
that
the
only
free
liquids
in
the
unit
are
limited
amounts
of
dust
suppression
liquids
required
to
meet
occupational
health
and
safety
requirements,
and
(
b)
Containment
of
managed
wastes
and
dust
suppression
liquids
can
be
assured
without
a
secondary
containment
system.

Section
267.1105
What
do
I
do
if
my
containment
building
contains
areas
both
with
and
without
secondary
containment?

For
these
containment
buildings,
you
must:

(
a)
Design
and
operate
each
area
in
accordance
with
the
requirements
enumerated
in
Sections
267.1101
through
267.1103.

(
b)
Take
measures
to
prevent
the
release
of
liquids
or
wet
materials
into
areas
without
secondary
containment.

(
c)
Maintain
in
the
facility's
operating
log
a
written
description
of
the
operating
procedures
used
to
maintain
the
integrity
of
areas
without
secondary
containment.

Section
267.1106
What
do
I
do
if
I
detect
a
release?

Throughout
the
active
life
of
the
containment
building,
if
you
detect
a
condition
that
could
lead
to
or
has
caused
a
release
of
hazardous
waste,
you
must
repair
the
condition
promptly,
in
accordance
with
the
following
procedures.

(
a)
Upon
detection
of
a
condition
that
has
lead
to
a
release
of
hazardous
waste
(
for
example,

upon
detection
of
leakage
from
the
primary
barrier),
you
must:

(
1)
Enter
a
record
of
the
discovery
in
the
facility
operating
record;
184
(
2)
Immediately
remove
the
portion
of
the
containment
building
affected
by
the
condition
from
service;

(
3)
Determine
what
steps
you
must
take
to
repair
the
containment
building,
to
remove
any
leakage
from
the
secondary
collection
system,
and
to
establish
a
schedule
for
accomplishing
the
cleanup
and
repairs;
and
(
4)
Within
7
days
after
the
discovery
of
the
condition,
notify
the
Regional
Administrator
of
the
condition,
and
within
14
working
days,
provide
a
written
notice
to
the
Regional
Administrator
with
a
description
of
the
steps
taken
to
repair
the
containment
building,
and
the
schedule
for
accomplishing
the
work.

(
b)
The
Regional
Administrator
will
review
the
information
submitted,
make
a
determination
regarding
whether
the
containment
building
must
be
removed
from
service
completely
or
partially
until
repairs
and
cleanup
are
complete,
and
notify
you
of
the
determination
and
the
underlying
rationale
in
writing.

(
c)
Upon
completing
all
repairs
and
cleanup,
you
must
notify
the
Regional
Administrator
in
writing
and
provide
a
verification,
signed
by
a
qualified,
registered
professional
engineer,
that
the
repairs
and
cleanup
have
been
completed
according
to
the
written
plan
submitted
in
accordance
with
paragraph
(
a)(
4)
of
this
section.

Section
267.1107
Can
a
containment
building
itself
be
considered
secondary
containment?

Containment
buildings
can
serve
as
secondary
containment
systems
for
tanks
placed
within
the
building
under
certain
conditions.

(
a)
A
containment
building
can
serve
as
an
external
liner
system
for
a
tank,
provided
it
meets
the
requirements
of
Section
267.196(
a).

(
b)
The
containment
building
must
also
meet
the
requirements
of
Section
267.195(
a),
(
b)(
1)
and
(
2)
to
be
considered
an
acceptable
secondary
containment
system
for
a
tank.

Section
267.1108
What
must
I
do
when
I
stop
operating
the
containment
building?

When
you
close
a
containment
building,
you
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
40
CFR
261.3(
d)
applies.
The
closure
plan,
closure
activities,
cost
estimates
for
closure,
and
185
financial
responsibility
for
containment
buildings
must
meet
all
of
the
requirements
specified
in
subparts
G
and
H
of
this
part.
186
PART
270­­
EPA
ADMINISTERED
PERMIT
PROGRAMS:
THE
HAZARDOUS
WASTE
PERMIT
PROGRAM
14.
The
authority
citation
for
part
270
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
6905,
6912,
6924,
6925,
6927,
6939,
and
6974.

Subpart
A­­
General
Information
15.
Section
270.1(
b)
is
amended
by
adding
several
sentences
after
the
second
sentence
of
paragraph
(
b)
to
read
as
follows:

§
270.1
Purpose
and
scope
of
these
regulations.

*
*
*
*
*

(
b)
*
*
*
Treatment,
storage,
and
disposal
facilities
(
TSDs)
that
are
otherwise
subject
to
permitting
under
RCRA
and
that
meet
the
criteria
in
(
1)
or
(
2)
below,
may
be
eligible
for
a
standardized
permit
under
subpart
J
of
this
part.

(
1)
The
facility
generates
hazardous
waste
and
then
non­
thermally
treats
or
stores
hazardous
waste
on­
site
in
tanks,
containers,
or
containment
buildings,
or
(
2)
The
facility
receives
hazardous
waste
generated
off­
site
by
a
generator
under
the
same
ownership
as
the
receiving
facility,
and
then
stores
or
non­
thermally
treats
the
hazardous
waste
in
containers,
tanks,
or
containment
buildings.

*
*
*

*
*
*
*
*

16.
Section
270.2
is
amended
by
revising
the
definition
for
"
Permit"
and
adding
a
definition
for
"
Standardized
permit"
in
alphabetical
order
to
read
as
follows:

§
270.2
Definitions.
187
*
*
*
*
*

Permit
means
an
authorization,
license,
or
equivalent
control
document
issued
by
EPA
or
an
approved
State
to
implement
the
requirements
of
this
part
and
parts
271
and
124
of
this
chapter.

Permit
includes
permit
by
rule
(
§
270.60),
emergency
permit
(
§
270.61)
and
standardized
permit
(
subpart
J
of
this
part).
Permit
does
not
include
RCRA
interim
status
(
subpart
G
of
this
part),
or
any
permit
which
has
not
been
the
subject
of
final
agency
action,
such
as
a
draft
permit
or
a
proposed
permit.

*
*
*
*
*

Standardized
permit
means
a
RCRA
permit
issued
under
part
124,
subpart
G
of
this
chapter
and
subpart
J
of
this
part
authorizing
the
facility
owner
or
operator
to
manage
hazardous
waste.
The
standardized
permit
may
have
two
parts:
a
uniform
portion
issued
in
all
cases
and
a
supplemental
portion
issued
at
the
Director's
discretion.

*
*
*
*
*

Subpart
B­­
Permit
Application
17.
Section
270.10
is
amended
by
revising
paragraphs
(
a)
and
(
h)
to
read
as
follows:

§
270.10
General
Application
Requirements.

(
a)
Applying
for
a
permit.
Below
is
information
on
how
to
obtain
a
permit
and
where
to
find
requirements
for
specific
permits:

(
1)
If
you
are
covered
by
RCRA
permits
by
rule
(
§
270.60),
you
need
not
apply.

(
2)
If
you
currently
have
interim
status,
you
must
apply
for
permits
when
required
by
the
Director.

(
3)
If
you
are
required
to
have
a
permit
(
including
new
applicants
and
permittees
with
expiring
permits),
you
must
complete,
sign,
and
submit
an
application
to
the
Director,
as
described
in
this
section
and
§
§
270.70
through
270.73.

(
4)
If
you
are
seeking
an
emergency
permit,
the
procedures
for
application,
issuance,
and
administration
are
found
exclusively
in
§
270.61.
188
(
5)
If
you
are
seeking
a
research,
development,
and
demonstration
permit,
the
procedures
for
application,
issuance,
and
administration
are
found
exclusively
in
§
270.65.

(
6)
If
you
are
seeking
a
standardized
permit,
the
procedures
for
application
and
issuance
are
found
in
part
124,
subpart
G
of
this
chapter
and
subpart
J
of
this
part.

*
*
*
*
*

(
h)
Reapplying
for
a
permit.
If
you
have
an
effective
permit
and
you
want
to
reapply
for
a
new
one,
you
have
two
options:

(
1)
You
may
submit
a
new
application
at
least
180
days
before
the
expiration
date
of
the
effective
permit,
unless
the
Director
allows
a
later
date;
or
(
2)
If
you
intend
to
be
covered
by
a
standardized
permit,
you
may
submit
a
Notice
of
Intent
as
described
in
§
270.51(
e)(
1)
at
least
180
days
before
the
expiration
date
of
the
effective
permit,

unless
the
Director
allows
a
later
date.

The
Director
may
not
allow
you
to
submit
applications
or
Notices
of
Intent
later
than
the
expiration
date
of
the
existing
permit,
except
as
allowed
by
§
270.51(
e)(
2)).

*
*
*
*
*

Subpart
D­­
Changes
to
Permits
18.
Section
270.40(
b)
is
amended
by
revising
the
first
sentence
of
paragraph
(
b)
to
read
as
follows:

§
270.40
Transfer
of
Permits.

*
*
*
*
*

(
b)
Changes
in
the
ownership
or
operational
control
of
a
facility
may
be
made
as
a
Class
1
modification
with
prior
written
approval
of
the
Director
in
accordance
with
§
270.42
or
as
a
routine
change
with
prior
approval
under
40
CFR
124.213.

*
*
*
*
*

19.
Section
270.41
is
amended
by
revising
the
next
to
last
sentence
of
the
introductory
paragraph
and
adding
paragraph
(
b)(
3)
to
read
as
follows:
189
§
270.41
Modification
or
revocation
and
reissuance
of
permits.

*
*
*
If
a
permit
modification
is
requested
by
the
permittee,
the
Director
shall
approve
or
deny
the
request
according
to
the
procedures
of
§
270.42,
or
§
270.320
and
40
CFR
part
124,
subpart
G.

*
*
*
*

*
*
*
*
*

(
b)
*
*
*

(
3)
The
Director
has
received
notification
under
40
CFR
124.202
(
b)
of
a
facility
owner
or
operator's
intent
to
be
covered
by
a
standardized
permit.

*
*
*
*
*

Subpart
E­­
Expiration
and
Continuation
of
Permits
20.
Section
270.51
is
amended
by
adding
paragraph
(
e)
as
follows:

§
270.51
Continuation
of
Expiring
Permits.

*
*
*
*
*

(
e)
Standardized
permits.

(
1)
The
conditions
of
your
expired
standardized
permit
continue
until
the
effective
date
of
your
new
permit
(
see
40
CFR
124.15)
if
all
of
the
following
are
true:

(
i)
If
EPA
is
the
permit­
issuing
authority.

(
ii)
If
you
submit
a
timely
and
complete
Notice
of
Intent
under
40
CFR
124.202(
b)
requesting
coverage
under
a
RCRA
standardized
permit;
and
(
iii)
If
the
Director,
through
no
fault
on
your
part,
does
not
issue
your
permit
before
your
previous
permit
expires
(
for
example,
where
it
is
impractical
to
make
the
permit
effective
by
that
date
because
of
time
or
resource
constraints).

(
2)
In
some
cases,
the
Director
may
notify
you
that
you
are
not
eligible
for
a
standardized
permit
(
see
40
CFR
124.206).
In
those
cases,
the
conditions
of
your
expired
permit
will
continue
if
you
submit
the
information
specified
in
paragraph
(
a)(
1)
of
this
section
(
that
is,
a
complete
application
190
for
a
new
permit)
within
60
days
after
you
receive
our
notification
that
you
are
not
eligible
for
a
standardized
permit.

Subpart
F­­
Special
Forms
of
Permits
21.
Add
§
270.67
to
subpart
F
to
read
as
follows:

§
270.67
RCRA
standardized
permits
for
storage
and
treatment
units.

RCRA
standardized
permits
are
special
forms
of
permits
for
TSD
owners
or
operators
that:

(
a)
generate
hazardous
waste
and
then
non­
thermally
treat
or
store
the
hazardous
waste
on­
site
in
tanks,
containers,
or
containment
buildings,
or
(
b)
receive
hazardous
waste
generated
off­
site
by
a
generator
under
the
same
ownership
as
the
receiving
facility,
and
then
store
or
non­
thermally
treat
the
hazardous
waste
in
containers,
tanks,
or
containment
buildings.

Standardized
permit
facility
owners
or
operators
are
regulated
under
subpart
J
of
this
part,
part
124
subpart
G
of
this
chapter,
and
part
267
of
this
chapter.

22.
Subpart
J
is
added
to
part
270
to
read
as
follows:

Subpart
J­­
RCRA
Standardized
Permits
for
Storage
and
Treatment
Units
General
Information
About
Standardized
Permits
270.250
What
is
a
RCRA
standardized
permit?

270.255
Who
is
eligible
for
a
standardized
permit?

270.260
What
requirements
of
Part
270
apply
to
a
standardized
permit?

Applying
for
a
Standardized
Permit
270.270
How
do
I
apply
for
a
standardized
permit?
191
270.275
What
information
must
I
submit
to
the
permitting
agency
to
support
my
standardized
permit
application?

270.280
What
are
the
certification
requirements?

Information
That
Must
Be
Kept
at
Your
Facility
270.290
What
general
types
of
information
must
I
keep
at
my
facility?

270.300
What
container
information
must
I
keep
at
my
facility?

270.305
What
tank
information
must
I
keep
at
my
facility?

270.310
What
equipment
information
must
I
keep
at
my
facility?

270.315
What
air
emissions
control
information
must
I
keep
at
my
facility?

Modifying
a
Standardized
Permit
270.320
How
do
I
modify
my
RCRA
standardized
permit?

Subpart
J­­
RCRA
Standardized
Permits
for
Storage
and
Treatment
Units
General
Information
About
Standardized
Permits
§
270.250
What
is
a
RCRA
standardized
permit?

A
RCRA
standardized
permit
(
RCRA)
is
a
special
type
of
permit
that
authorizes
you
to
manage
hazardous
waste.
It
is
issued
under
40
CFR
part
124,
subpart
G
and
subpart
J
of
this
part.

§
270.255
Who
is
eligible
for
a
standardized
permit?

You
may
be
eligible
for
a
standardized
permit
if:

(
a)
you
generate
hazardous
waste
and
then
store
or
non­
thermally
treat
the
hazardous
waste
onsite
in
containers,
tanks,
or
containment
buildings,
or
if
(
b)
you
receive
hazardous
waste
generated
off­
site
by
a
generator
under
the
same
ownership
as
the
receiving
facility,
and
then
store
or
non­
thermally
treat
the
hazardous
waste
in
containers,
tanks,
or
containment
buildings.
192
We
will
inform
you
of
your
eligibility
when
we
make
a
decision
on
your
permit
application.

§
270.260
What
requirements
of
part
270
apply
to
a
standardized
permit?

The
following
subparts
and
sections
of
this
part
270
apply
to
a
standardized
permit:

(
a)
Subpart
A­­
General
Information:
all
sections.

(
b)
Subpart
B­­
Permit
Application:
§
§
270.10,
270.11,
270.12,
270.13
and
270.29.

(
c)
Subpart
C­­
Permit
Conditions
:
all
sections.

(
d)
Subpart
D­­
Changes
to
Permit:
§
§
270.40,
270.41,
and
270.43.

(
e)
Subpart
E­­
Expiration
and
Continuation
of
Permits:
all
sections.

(
f)
Subpart
F­­
Special
Forms
of
Permits:
§
270.67.

(
g)
Subpart
G­­
Interim
Status:
all
sections.

(
h)
Subpart
H­­
Remedial
Action
Plans:
does
not
apply.

(
i)
Subpart
J­­
Standardized
Permits:
all
sections.

Applying
for
a
Standardized
Permit
§
270.270
How
do
I
apply
for
a
standardized
permit?

You
apply
for
a
standardized
permit
by
following
the
procedures
in
40
CFR
part
124,
subpart
G
and
this
subpart.

§
270.275
What
information
must
I
submit
to
the
permitting
agency
to
support
my
standardized
permit
application?

The
information
in
paragraphs
(
a)
through
(
j)
of
this
section
will
be
the
basis
of
your
standardized
permit
application.
You
must
submit
it
to
the
Director
when
you
submit
your
Notice
of
Intent
under
40
CFR
124.202(
b)
requesting
coverage
under
a
RCRA
standardized
permit:

(
a)
The
Part
A
information
described
in
§
270.13.

(
b)
A
meeting
summary
and
other
materials
required
by
40
CFR
124.31.
193
(
c)
Documentation
of
compliance
with
the
location
standards
of
40
CFR
267.18
and
§
270.14(
b)(
11).

(
d)
Information
that
allows
the
Director
to
carry
out
our
obligations
under
other
Federal
laws
required
in
§
270.3.

(
e)
Solid
waste
management
unit
information
required
by
§
270.14(
d).

(
f)
A
certification
meeting
the
requirements
of
§
270.280,
and
an
audit
of
the
facility's
compliance
status
with
40
CFR
part
267
as
required
by
§
270.280.

(
g)
A
closure
plan
prepared
in
accordance
with
part
267,
subpart
G.

(
h)
The
most
recent
closure
cost
estimate
for
your
facility
prepared
under
§
267.142
and
a
copy
of
the
documentation
required
to
demonstrate
financial
assurance
under
§
267.143.
For
a
new
facility,
you
may
gather
the
required
documentation
60
days
before
the
initial
receipt
of
hazardous
wastes.

(
i)
If
you
manage
wastes
generated
off­
site,
the
waste
analysis
plan.

(
j)
If
you
manage
waste
generated
from
off­
site,
documentation
showing
that
the
waste
generator
and
the
off­
site
facility
are
under
the
same
ownership.

§
270.280
What
are
the
certification
requirements?

You
must
submit
a
signed
certification
based
on
your
audit
of
your
facility's
compliance
with
40
CFR
part
267.

(
a)
Your
certification
must
read:

I
certify
under
penalty
of
law
that:

(
1)
I
have
personally
examined
and
am
familiar
with
the
report
containing
the
results
of
an
audit
conducted
of
my
facility's
compliance
status
with
40
CFR
part
267,
which
supports
this
certification.
Based
on
my
inquiry
of
those
individuals
immediately
responsible
for
conducting
the
audit
and
preparing
the
report,
I
believe
that
my
(
include
paragraph
(
a)(
1)(
i)
and
(
ii)
this
section,

whichever
applies):

(
i)
My
existing
facility
complies
with
all
applicable
requirements
of
40
CFR
part
267
and
will
continue
to
comply
until
the
expiration
of
the
permit;
or
(
ii)
My
facility
has
been
designed,
and
will
be
constructed
and
operated
to
comply
with
all
applicable
requirements
of
40
CFR
part
267,
and
will
continue
to
comply
until
expiration
of
the
permit.
194
(
2)
I
will
make
all
information
that
I
am
required
to
maintain
at
my
facility
by
§
§
270.290
through
277.315
readily
available
for
review
by
the
permitting
agency
and
the
public;
and,

(
3)
I
will
continue
to
make
all
information
required
by
§
§
270.290
through
277.315
available
until
the
permit
expires.
I
am
aware
that
there
are
significant
penalties
for
submitting
false
information,
including
the
possibility
of
fine
and
imprisonment
for
knowing
violation.

(
b)
You
must
sign
this
certification
following
the
requirements
of
§
270.11(
a)(
1)
through
(
3).

(
c)
This
certification
must
be
based
upon
an
audit
that
you
conduct
of
your
facility's
compliance
status
with
40
CFR
part
267.
A
written
audit
report,
signed
and
certified
as
accurate
by
the
auditor,
must
be
submitted
to
the
Director
with
the
40
CFR
124.202(
b)
Notice
of
Intent.

Information
That
Must
Be
Kept
at
Your
Facility
§
270.290
What
general
types
of
information
must
I
keep
at
my
facility?

You
must
keep
the
following
information
at
your
facility:

(
a)
A
general
description
of
the
facility.

(
b)
Chemical
and
physical
analyses
of
the
hazardous
waste
and
hazardous
debris
handled
at
the
facility.
At
a
minimum,
these
analyses
must
contain
all
the
information
you
must
know
to
treat
or
store
the
wastes
properly
under
the
requirements
of
40
CFR
part
267.

(
c)
A
copy
of
the
waste
analysis
plan
required
by
40
CFR
267.13(
b).

(
d)
A
description
of
the
security
procedures
and
equipment
required
by
40
CFR
267.14.

(
e)
A
copy
of
the
general
inspection
schedule
required
by
40
CFR
267.15(
b).
You
must
include
in
the
inspection
schedule
applicable
requirements
of
40
CFR
267.174,
267.193,
267.195,

264.1033,
264.1052,
264.1053,
264.1058,
and
264.1088.

(
f)
A
justification
of
any
modification
of
the
preparedness
and
prevention
requirements
of
40
CFR
part
267,
subpart
C
(
§
§
267.30
to
267.35).

(
g)
A
copy
of
the
contingency
plan
required
by
40
CFR
part
267,
subpart
D.

(
h)
A
description
of
procedures,
structures,
or
equipment
used
at
the
facility
to:

(
1)
Prevent
hazards
in
unloading
operations
(
for
example,
use
ramps,
special
forklifts),

(
2)
Prevent
runoff
from
hazardous
waste
handling
areas
to
other
areas
of
the
facility
or
environment,
or
to
prevent
flooding
(
for
example,
with
berms,
dikes,
trenches),

(
3)
Prevent
contamination
of
water
supplies,
195
(
4)
Mitigate
effects
of
equipment
failure
and
power
outages,

(
5)
Prevent
undue
exposure
of
personnel
to
hazardous
waste
(
for
example,
requiring
protective
clothing),
and
(
6)
Prevent
releases
to
atmosphere,

(
i)
A
description
of
precautions
to
prevent
accidental
ignition
or
reaction
of
ignitable,
reactive,

or
incompatible
wastes
as
required
by
40
CFR
267.17.

(
j)
Traffic
pattern,
estimated
volume
(
number,
types
of
vehicles)
and
control
(
for
example,
show
turns
across
traffic
lanes,
and
stacking
lanes;
describe
access
road
surfacing
and
load
bearing
capacity;
show
traffic
control
signals).

(
k)
[
Reserved]

(
l)
An
outline
of
both
the
introductory
and
continuing
training
programs
you
will
use
to
prepare
employees
to
operate
or
maintain
your
facility
safely
as
required
by
40
CFR
267.16.
A
brief
description
of
how
training
will
be
designed
to
meet
actual
job
tasks
under
40
CFR
267.16(
a)(
3)

requirements.

(
m)
A
copy
of
the
closure
plan
required
by
40
CFR
267.112.
Include,
where
applicable,
as
part
of
the
plans,
specific
requirements
in
40
CFR
267.176,
267.201,
and
267.1108.

(
n)
[
Reserved]

(
o)
The
most
recent
closure
cost
estimate
for
your
facility
prepared
under
40
CFR
267.142
and
a
copy
of
the
documentation
required
to
demonstrate
financial
assurance
under
40
CFR
267.143.
For
a
new
facility,
you
may
gather
the
required
documentation
60
days
before
the
initial
receipt
of
hazardous
wastes.

(
p)
[
Reserved]

(
q)
Where
applicable,
a
copy
of
the
insurance
policy
or
other
documentation
that
complies
with
the
liability
requirements
of
40
CFR
267.147.
For
a
new
facility,
documentation
showing
the
amount
of
insurance
meeting
the
specification
of
40
CFR
267.147(
a)
that
you
plan
to
have
in
effect
before
initial
receipt
of
hazardous
waste
for
treatment
or
storage.

(
r)
Where
appropriate,
proof
of
coverage
by
a
State
financial
mechanism,
as
required
by
40
CFR
267.149
or
267.150.

(
s)
A
topographic
map
showing
a
distance
of
1000
feet
around
your
facility
at
a
scale
of
2.5
centimeters
(
1
inch)
equal
to
not
more
than
61.0
meters
(
200
feet).
The
map
must
show
elevation
196
contours.
The
contour
interval
must
show
the
pattern
of
surface
water
flow
in
the
vicinity
of
and
from
each
operational
unit
of
the
facility.
For
example,
contours
with
an
interval
of
1.5
meters
(
5
feet),
if
relief
is
greater
than
6.1
meters
(
20
feet),
or
an
interval
of
0.6
meters
(
2
feet),
if
relief
is
less
than
6.1
meters
(
20
feet).
If
your
facility
is
in
a
mountainous
area,
you
should
use
large
contour
intervals
to
adequately
show
topographic
profiles
of
facilities.
The
map
must
clearly
show
the
following:

(
1)
Map
scale
and
date.

(
2)
100­
year
flood
plain
area.

(
3)
Surface
waters
including
intermittent
streams.

(
4)
Surrounding
land
uses
(
residential,
commercial,
agricultural,
recreational).

(
5)
A
wind
rose
(
i.
e.,
prevailing
wind­
speed
and
direction).

(
6)
Orientation
of
the
map
(
north
arrow).

(
7)
Legal
boundaries
of
your
facility
site.

(
8)
Access
control
(
fences,
gates).

(
9)
Injection
and
withdrawal
wells
both
on­
site
and
off­
site.

(
10)
Buildings;
treatment,
storage,
or
disposal
operations;
or
other
structure
(
recreation
areas,
runoff
control
systems,
access
and
internal
roads,
storm,
sanitary,
and
process
sewerage
systems,
loading
and
unloading
areas,
fire
control
facilities,
etc.)

(
11)
Barriers
for
drainage
or
flood
control.

(
12)
Location
of
operational
units
within
your
facility,
where
hazardous
waste
is
(
or
will
be)

treated
or
stored.
(
Include
equipment
cleanup
areas.)

§
270.300
What
container
information
must
I
keep
at
my
facility?

If
you
store
or
treat
hazardous
waste
in
containers,
you
must
keep
the
following
information
at
your
facility:

(
a)
A
description
of
the
containment
system
to
demonstrate
compliance
with
the
container
storage
area
provisions
of
40
CFR
267.173.

This
description
must
show
the
following:

(
1)
Basic
design
parameters,
dimensions,
and
materials
of
construction.
197
(
2)
How
the
design
promotes
drainage
or
how
containers
are
kept
from
contact
with
standing
liquids
in
the
containment
system.

(
3)
Capacity
of
the
containment
system
relative
to
the
number
and
volume
of
containers
to
be
stored.

(
4)
Provisions
for
preventing
or
managing
run­
on.

(
5)
How
accumulated
liquids
can
be
analyzed
and
removed
to
prevent
overflow.

(
b)
For
storage
areas
that
store
containers
holding
wastes
that
do
not
contain
free
liquids,
a
demonstration
of
compliance
with
40
CFR
267.173(
c),
including:

(
1)
Test
procedures
and
results
or
other
documentation
or
information
to
show
that
the
wastes
do
not
contain
free
liquids.

(
2)
A
description
of
how
the
storage
area
is
designed
or
operated
to
drain
and
remove
liquids
or
how
containers
are
kept
from
contact
with
standing
liquids.

(
c)
Sketches,
drawings,
or
data
demonstrating
compliance
with
40
CFR
267.174
(
location
of
buffer
zone
(
15m
or
50ft)
and
containers
holding
ignitable
or
reactive
wastes)
and
40
CFR
267.175(
c)
(
location
of
incompatible
wastes
in
relation
to
each
other),
where
applicable.

(
d)
Where
incompatible
wastes
are
stored
or
otherwise
managed
in
containers,
a
description
of
the
procedures
used
to
ensure
compliance
with
40
CFR
267.175
(
a)
and
(
b),
and
267.17
(
b)
and
(
c).

(
e)
Information
on
air
emission
control
equipment
as
required
by
§
270.315.

§
270.305
What
tank
information
must
I
keep
at
my
facility?

If
you
use
tanks
to
store
or
treat
hazardous
waste,
you
must
keep
the
following
information
at
your
facility:

(
a)
A
written
assessment
that
is
reviewed
and
certified
by
an
independent,
qualified,
registered
professional
engineer
on
the
structural
integrity
and
suitability
for
handling
hazardous
waste
of
each
tank
system,
as
required
under
40
CFR
267.191
and
267.192.

(
b)
Dimensions
and
capacity
of
each
tank.

(
c)
Description
of
feed
systems,
safety
cutoff,
bypass
systems,
and
pressure
controls
(
e.
g.,

vents).

(
d)
A
diagram
of
piping,
instrumentation,
and
process
flow
for
each
tank
system.
198
(
e)
A
description
of
materials
and
equipment
used
to
provide
external
corrosion
protection,
as
required
under
40
CFR
267.191.

(
f)
For
new
tank
systems,
a
detailed
description
of
how
the
tank
system(
s)
will
be
installed
in
compliance
with
40
CFR
267.192
and
267.194.

(
g)
Detailed
plans
and
description
of
how
the
secondary
containment
system
for
each
tank
system
is
or
will
be
designed,
constructed,
and
operated
to
meet
the
requirements
of
40
CFR
267.195
and
267.196.

(
h)
[
Reserved].

(
i)
Description
of
controls
and
practices
to
prevent
spills
and
overflows,
as
required
under
40
CFR
267.198.

(
j)
For
tank
systems
in
which
ignitable,
reactive,
or
incompatible
wastes
are
to
be
stored
or
treated,
a
description
of
how
operating
procedures
and
tank
system
and
facility
design
will
achieve
compliance
with
the
requirements
of
40
CFR
267.202
and
267.203.

(
k)
Information
on
air
emission
control
equipment
as
required
by
§
270.315.

§
270.310
What
equipment
information
must
I
keep
at
my
facility?

If
your
facility
has
equipment
to
which
40
CFR
part
264,
subpart
BB
applies,
you
must
keep
the
following
information
at
your
facility:

(
a)
For
each
piece
of
equipment
to
which
40
CFR
part
264
subpart
BB
applies:

(
1)
Equipment
identification
number
and
hazardous
waste
management
unit
identification.

(
2)
Approximate
locations
within
the
facility
(
e.
g.,
identify
the
hazardous
waste
management
unit
on
a
facility
plot
plan).

(
3)
Type
of
equipment
(
e.
g.,
a
pump
or
a
pipeline
valve).

(
4)
Percent
by
weight
of
total
organics
in
the
hazardous
waste
stream
at
the
equipment.

(
5)
Hazardous
waste
state
at
the
equipment
(
e.
g.,
gas/
vapor
or
liquid).

(
6)
Method
of
compliance
with
the
standard
(
e.
g.,
monthly
leak
detection
and
repair,
or
equipped
with
dual
mechanical
seals).

(
b)
For
facilities
that
cannot
install
a
closed­
vent
system
and
control
device
to
comply
with
40
CFR
Part
264,
subpart
BB
on
the
effective
date
that
the
facility
becomes
subject
to
the
subpart
BB
provisions,
an
implementation
schedule
as
specified
in
40
CFR
264.1033(
a)(
2).
199
(
c)
Documentation
that
demonstrates
compliance
with
the
equipment
standards
in
40
CFR
264.1052
and
264.1059.
This
documentation
must
contain
the
records
required
under
40
CFR
264.1064.

(
d)
Documentation
to
demonstrate
compliance
with
40
CFR
264.1060
must
include
the
following
information:

(
1)
A
list
of
all
information
references
and
sources
used
in
preparing
the
documentation.

(
2)
Records,
including
the
dates,
of
each
compliance
test
required
by
40
CFR
264.1033(
j).

(
3)
A
design
analysis,
specifications,
drawings,
schematics,
and
piping
and
instrumentation
diagrams
based
on
the
appropriate
sections
of
"
ATPI
Course
415:
Control
of
Gaseous
Emissions"

(
incorporated
by
reference
as
specified
in
40
CFR
260.11)
or
other
engineering
texts
acceptable
to
the
Director
that
present
basic
control
device
design
information.
The
design
analysis
must
address
the
vent
stream
characteristics
and
control
device
operation
parameters
as
specified
in
40
CFR
264.1035(
b)(
4)(
iii).

(
4)
A
statement
you
signed
and
dated
certifying
that
the
operating
parameters
used
in
the
design
analysis
reasonably
represent
the
conditions
that
exist
when
the
hazardous
waste
management
unit
is
operating
at
the
highest
load
or
capacity
level
reasonable
expected
to
occur.

(
5)
A
statement
you
signed
and
dated
certifying
that
the
control
device
is
designed
to
operate
at
an
efficiency
of
95
weight
percent
or
greater.

§
270.315
What
air
emissions
control
information
must
I
keep
at
my
facility?

If
you
have
air
emission
control
equipment
subject
to
40
CFR
part
264,
subpart
CC,
you
must
keep
the
following
information
at
your
facility:

(
a)
Documentation
for
each
floating
roof
cover
installed
on
a
tank
subject
to
40
CFR
264.1084(
d)(
1)
or
(
d)(
2)
that
includes
information
you
prepared
or
the
cover
manufacturer/
vendor
provided
describing
the
cover
design,
and
your
certification
that
the
cover
meets
applicable
design
specifications
listed
in
40
CFR
264.1084(
e)(
1)
or
(
f)(
1).

(
b)
Identification
of
each
container
area
subject
to
the
requirements
of
40
CFR
part
264,
subpart
CC
and
your
certification
that
the
requirements
of
this
subpart
are
met.

(
c)
Documentation
for
each
enclosure
used
to
control
air
pollutant
emissions
from
tanks
or
containers
under
requirements
of
40
CFR
264.1084(
d)(
5)
or
264.1086(
e)(
1)(
ii).
You
must
include
records
for
the
most
recent
set
of
calculations
and
measurements
you
performed
to
verify
that
the
200
enclosure
meets
the
criteria
of
a
permanent
total
enclosure
as
specified
in
"
Procedure
T­­
Criteria
for
and
Verification
of
a
Permanent
or
Temporary
Total
Enclosure"
under
40
CFR
52.741,

appendix
B.

(
d)
[
Reserved]

(
e)
Documentation
for
each
closed­
vent
system
and
control
device
installed
under
requirements
of
40
CFR
264.1087
that
includes
design
and
performance
information
as
specified
in
§
270.24
(
c)

and
(
d).

(
f)
An
emission
monitoring
plan
for
both
Method
21
in
40
CFR
Part
60,
appendix
A
and
control
device
monitoring
methods.
This
plan
must
include
the
following
information:
monitoring
point(
s),

monitoring
methods
for
control
devices,
monitoring
frequency,
procedures
for
documenting
exceedences,
and
procedures
for
mitigating
noncompliances.

Modifying
a
Standardized
Permit
§
270.320
How
do
I
modify
my
RCRA
standardized
permit?

You
can
modify
your
RCRA
standardized
permit
by
following
the
procedures
found
in
40
CFR
124.211
through
124.214.
