ground-water monitoring and cleanup which must be maintained in the
operating record until closure of the facility.
* * * * *
    (8) All closure cost estimates under Sec.  264.142, and for
disposal facilities, all post-closure cost estimates under Sec.
264.144 of this part. This information must be maintained in the
operating record until closure of the facility.
* * * * *

    (10) Records of the quantities and date of placement for each
shipment of hazardous waste placed in land disposal units under an
extension to the effective date of any land disposal restriction
granted pursuant to Sec.  268.5 of this chapter, a petition pursuant to
Sec.  268.6 of this chapter, or a certification under Sec.  268.8 of
this chapter, and the applicable notice required by a generator under
Sec.  268.7(a) of this chapter. This information must be maintained in
the operating record until closure of the facility.
* * * * *
    (18) Monitoring, testing or analytical data where required by Sec.
264.347 must be maintained in the operating record for five years.
    (19) Certifications as required by Sec.  264.196(f) must be
maintained in the operating record until closure of the facility.

Subpart F--Releases From Solid Waste Management Units

0
12. Section 264.98 is amended by revising paragraphs (d), (g)(2), and
(g)(3) to read as follows:

Sec.  264.98  Detection monitoring program.

* * * * *
    (d) The Regional Administrator will specify the frequencies for
collecting samples and conducting statistical tests to determine
whether there is statistically significant evidence of contamination
for any parameter or hazardous constituent specified in the permit
conditions under paragraph (a) of this section in accordance with Sec.
264.97(g).
* * * * *
    (g) * * *
    (2) Immediately sample the ground water in all monitoring wells and
determine whether constituents in the list of appendix IX of this part
are present, and if so, in what concentration. However, the Regional
Administrator, on a discretionary basis, may allow sampling for a site-
specific subset of constituents from the Appendix IX list of this part
and other representative/related waste constituents.
    (3) For any appendix IX compounds found in the analysis pursuant to
paragraph (g)(2) of this section, the owner or operator may resample
within one month or at an alternative site-specific schedule approved
by the Administrator and repeat the analysis for those compounds
detected. If the results of the second analysis confirm the initial
results, then these constituents will form the basis for compliance
monitoring. If the owner or operator does not resample for the
compounds in paragraph (g)(2) of this section, the hazardous
constituents found during this initial appendix IX analysis will form
the basis for compliance monitoring.
* * * * *

0
13. Section 264.99 is amended by revising paragraphs (f) and (g) to
read as follows:

Sec.  264.99  Compliance monitoring program.

* * * * *
    (f) The Regional Administrator will specify the frequencies for
collecting samples and conducting statistical tests to determine
statistically significant evidence of increased contamination in
accordance with Sec.  264.97(g).
    (g) Annually, the owner or operator must determine whether
additional hazardous constituents from Appendix IX of this part, which
could possibly be present but are not on the detection monitoring list
in the permit, are actually present in the uppermost aquifer and, if
so, at what concentration, pursuant to procedures in Sec.  264.98(f).
To accomplish this, the owner or operator must consult with the
Regional Administrator to determine on a case-by-case basis: which
sample collection event during the year will involve enhanced sampling;
the number of monitoring wells at the compliance point to undergo
enhanced sampling; the number of samples to be collected from each of
these monitoring wells; and, the specific constituents from Appendix IX
of this part for which these samples must be analyzed. If the enhanced
sampling event indicates that Appendix IX constituents are present in
the ground water that are not already identified in the permit as
monitoring constituents, the owner or operator may resample within one
month or at an alternative site-specific schedule approved by the
Regional Administrator, and repeat the analysis. If the second analysis
confirms the presence of new constituents, the owner or operator must
report the concentration of these additional constituents to the
Regional Administrator within seven days after the completion of the
second analysis and add them to the monitoring list. If the owner or
operator chooses not to resample, then he or she must report the
concentrations of these additional constituents to the Regional
Administrator within seven days after completion of the initial
analysis, and add them to the monitoring list.
* * * * *
0
14. Section 264.100 is amended by revising paragraph (g) to read as
follows:

Sec.  264.100  Corrective action program.

* * * * *
    (g) The owner or operator must report in writing to the Regional
Administrator on the effectiveness of the corrective action program.
The owner or operator must submit these reports annually.
* * * * *

Subpart G--Closure and Post-Closure

0
15. Section 264.113 is amended by revising paragraph (e)(5) to read as
follows:

Sec.  264.113  Closure; time allowed for closure.

* * * * *
    (e) * * *
    (5) During the period of corrective action, the owner or operator
shall provide annual reports to the Regional Administrator describing
the progress of the corrective action program, compile all ground-water
monitoring data, and evaluate the effect of the continued receipt of
non-hazardous wastes on the effectiveness of the corrective action.
* * * * *
0
16. Section 264.115 is revised to read as follows:

Sec.  264.115  Certification of closure.

    Within 60 days of completion of closure of each hazardous waste
surface impoundment, waste pile, land treatment, and landfill unit, and
within 60 days of the completion of final closure, the owner or
operator must submit to the Regional Administrator, by registered mail,
a certification that the hazardous waste management unit or facility,
as applicable, has been closed in accordance with the specifications in
the approved closure plan.. The certification must be signed by the
owner or operator and by a qualified Professional Engineer.
Documentation supporting the Professional Engineer's certification must
be furnished to the Regional Administrator upon request until he
releases the owner or operator from the financial assurance
requirements for closure under Sec.  264.143(i).

0
17. Section 264.120 is revised to read as follows:

Sec.  264.120  Certification of completion of post-closure care.

    No later than 60 days after completion of the established post-
closure care period for each hazardous waste disposal unit, the owner
or operator must submit to the Regional Administrator, by registered
mail, a certification that the post-closure care period for the
hazardous waste disposal unit was performed in accordance with

the specifications in the approved post-closure plan. The certification
must be signed by the owner or operator and a qualified Professional
Engineer. Documentation supporting the Professional Engineer's
certification must be furnished to the Regional Administrator upon
request until he releases the owner or operator from the financial
assurance requirements for post-closure care under Sec.  264.145(i).

Subpart H--Financial Requirements

0
18. Section 264.143 is amended by revising paragraph (i) to read as
follows:

Sec.  264.143  Financial assurance for closure.

* * * * *
    (i) Release of the owner or operator from the requirements of this
section. Within 60 days after receiving certifications from the owner
or operator and a qualified 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 financial
assurance for final closure of the facility, unless the Regional
Administrator has reason to believe that final closure has not been in
accordance with the approved closure plan. The Regional Administrator
shall provide the owner or operator a detailed written statement of any
such reason to believe that closure has not been in accordance with the
approved closure plan.

0
19. Section 264.145 is amended by revising paragraph (i) to read as
follows:

Sec.  264.145  Financial assurance for post-closure care.

* * * * *
    (i) Release of the owner or operator from the requirements of this
section. Within 60 days after receiving certifications from the owner
or operator and a qualified Professional Engineer that the post-closure
care period has been completed for a hazardous waste disposal unit in
accordance with the approved plan, the Regional Administrator will
notify the owner or operator that he is no longer required to maintain
financial assurance for post-closure of that unit, unless the Regional
Administrator has reason to believe that post-closure care has not been
in accordance with the approved post-closure plan. The Regional
Administrator shall provide the owner or operator a detailed written
statement of any such reason to believe that post-closure care has not
been in accordance with the approved post-closure plan.

0
20. Section 264.147 is amended by revising paragraph (e) to read as
follows:

Sec.  264.147  Liability requirements.

* * * * *
    (e) Period of coverage. Within 60 days after receiving
certifications from the owner or operator and a qualified 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 for that facility, unless the Regional
Administrator has reason to believe that closure has not been in
accordance with the approved closure plan.
* * * * *

Subpart I--Use and Management of Containers

0
21. Section 264.174 is revised to read as follows:

Sec.  264.174  Inspections.

    At least weekly, the owner or operator must inspect areas where
containers are stored, except for Performance Track member facilities,
that may conduct inspections at least once each month, upon approval by
the Director. To apply for reduced inspection frequencies, the
Performance Track member facility must follow the procedures identified
in Sec.  264.15(b)(5) of this part. The owner or operator must look for
leaking containers and for deterioration of containers and the
containment system caused by corrosion or other factors.

[Comment: See Sec. Sec.  264.15(c) and 264.171 for remedial action
required if deterioration or leaks are detected.]

Subpart J--Tank Systems

0
22. Section 264.191 is amended by revising paragraphs (a) and
(b)(5)(ii) (the note to paragraph (b)(5)(ii) is unchanged) to read as
follows:

Sec.  264.191  Assessment of existing tank system's integrity.

    (a) For each existing tank system that does not have secondary
containment meeting the requirements of Sec.  264.193, the owner or
operator must determine that the tank system is not leaking or is unfit
for use. Except as provided in paragraph (c) of this section, the owner
or operator must obtain and keep on file at the facility a written
assessment reviewed and certified by a qualified Professional Engineer,
in accordance with Sec.  270.11(d) of this chapter, that attests to the
tank system's integrity by January 12, 1988.
    (b) * * *
    (5) * * *
    (ii) For other than non-enterable underground tanks and for
ancillary equipment, this assessment must include either a leak test,
as described above, or other integrity examination that is certified by
a qualified Professional Engineer in accordance with Sec.  270.11(d) of
this chapter, that addresses cracks, leaks, corrosion, and erosion.
* * * * *

0
23. Section 264.192 is amended by revising paragraph (a) introductory
text and paragraph (b) introductory text to read as follows:

Sec.  264.192  Design and installation of new tank systems or
components.

    (a) Owners or operators of new tank systems or components must
obtain and submit to the Regional Administrator, at time of submittal
of part B information, a written assessment, reviewed and certified by
a qualified Professional Engineer, in accordance with Sec.  270.11(d)
of this chapter, attesting that the tank system has sufficient
structural integrity and is acceptable for the storing and treating of
hazardous waste. The assessment must show 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. This assessment, which will be used by the
Regional Administrator to review and approve or disapprove the
acceptability of the tank system design, must include, at a minimum,
the following information:
* * * * *
    (b) The owner or operator of a new tank system must ensure that
proper handling procedures are adhered to in order to prevent damage to
the system during installation. Prior to covering, enclosing, or
placing a new tank system or component in use, an independent,
qualified, installation inspector or a qualified Professional Engineer,
either of whom is trained and experienced in the proper installation of
tanks systems or components, must inspect the system for the presence
of any of the following items:
* * * * *

0
24. Section 264.193 is amended by:
0
a. Removing paragraphs (a)(2) through (a)(4);
0
b. Redesignating (a)(5) as (a)(2);
0
c. Revising paragraphs (a)(1), newly designated (a)(2), and (i)(2) to
read as follows:

Sec.  264.193  Containment and detection of releases.

    (a) * * *
    (1) For all new and existing tank systems or components, prior to
their being put into service.
    (2) For tank systems that store or treat materials that become
hazardous wastes, within two years of the hazardous waste listing, or
when the tank system has reached 15 years of age, whichever comes
later.
* * * * *
    (h) * * *
    (4) * * *
    (i) * * *
    (2) For other than non-enterable underground tanks, the owner or
operator must either conduct a leak test as in paragraph (i)(1) of this
section or develop a schedule and procedure for an assessment of the
overall condition of the tank system by a qualified Professional
Engineer. The schedule and procedure must be adequate to detect obvious
cracks, leaks, and corrosion or erosion that may lead to cracks and
leaks. The owner or operator must remove the stored waste from the
tank, if necessary, to allow the condition of all internal tank
surfaces to be assessed. The frequency of these assessments must be
based on the material of construction of the tank and its ancillary
equipment, the age of the system, the type of corrosion or erosion
protection used, the rate of corrosion or erosion observed during the
previous inspection, and the characteristics of the waste being stored
or treated.
* * * * *

0
25. Section 264.195 is amended by:
0
a. Revising paragraph (b) (the note to paragraph (b) is unchanged);
0
b. Redesignating existing paragraphs (c) and (d), as paragraphs (g) and
(h), respectively;
0
c. Adding new paragraphs (c) through (f), to read as follows:

Sec.  264.195  Inspections.

* * * * *
    (b) The owner or operator must inspect at least once each operating
day data gathered from monitoring and leak detection equipment (e.g.,
pressure or temperature gauges, monitoring wells) to ensure that the
tank system is being operated according to its design.
* * * * *
    (c) In addition, except as noted under paragraph (d) of this
section, the owner or operator must inspect at least once each
operating day:
    (1) Above ground portions of the tank system, if any, to detect
corrosion or releases of waste.
    (2) The construction materials and the area immediately surrounding
the externally accessible portion of the tank system, including the
secondary containment system (e.g., dikes) to detect erosion or signs
of releases of hazardous waste (e.g., wet spots, dead vegetation).
    (d) Owners or operators of tank systems that either use leak
detection systems to alert facility personnel to leaks, or implement
established workplace practices to ensure leaks are promptly
identified, must inspect at least weekly those areas described in
paragraphs (c)(1) and (c)(2) of this section. Use of the alternate
inspection schedule must be documented in the facility's operating
record. This documentation must include a description of the
established workplace practices at the facility.
    (e) Performance Track member facilities may inspect on a less
frequent basis, upon approval by the Director, but must inspect at
least once each month. To apply for a less than weekly inspection
frequency, the Performance Track member facility must follow the
procedures described in Sec.  264.15(b)(5).
    (f) Ancillary equipment that is not provided with secondary
containment, as described in Sec.  264.193(f)(1) through (4), must be
inspected at least once each operating day.
* * * * *

0
26. Section 264.196 is amended by revising paragraph (f) (the notes to
paragraph (f) are unchanged) to read as follows:

Sec.  264.196  Response to leaks or spills and disposition of leaking
or unfit-for-use tank systems.

* * * * *
    (f) Certification of major repairs. If the owner/operator has
repaired a tank system in accordance with paragraph (e) of this
section, and the repair has been extensive (e.g., installation of an
internal liner; repair of a ruptured primary containment or secondary
containment vessel), the tank system must not be returned to service
unless the owner/operator has obtained a certification by a qualified
Professional Engineer in accordance with Sec.  270.11(d) of this
chapter that the repaired system is capable of handling hazardous
wastes without release for the intended life of the system. This
certification must be placed in the operating record and maintained
until closure of the facility.
* * * * *

Subpart L--Waste Piles

0
27. Section 264.251 is amended by revising the introductory text to
paragraph (c) to read as follows:

Sec.  264.251  Design and operating requirements.

* * * * *
    (c) The owner or operator of each new waste pile unit, each lateral
expansion of a waste pile unit, and each replacement of an existing
waste pile unit must install two or more liners and a leachate
collection and removal system above and between such liners.
* * * * *

Subpart M--Land Treatment

0
28. Section 264.280 is amended by revising paragraph (b) to read as
follows:

Sec.  264.280  Closure and post-closure care.

* * * * *
    (b) For the purpose of complying with Sec.  264.115 of this
chapter, when closure is completed the owner or operator may submit to
the Regional Administrator certification by an independent, qualified
soil scientist, in lieu of a qualified Professional Engineer, that the
facility has been closed in accordance with the specifications in the
approved closure plan.
* * * * *

Subpart N--Landfills

0
29. Section 264.314 is amended by:
0
a. Removing paragraph (a);
0
b. Redesignating paragraphs (b) through (f) as paragraphs (a) through
(e); and,
0
c. Revising newly designated paragraphs (a) and newly designated
paragraph (e) introductory text to read as follows:

Sec.  264.314  Special requirements for bulk and containerized liquids.

    (a) The placement of bulk or non-containerized liquid hazardous
waste or hazardous waste containing free liquids (whether or not
sorbents have been added) in any landfill is prohibited.
* * * * *
    (e) The placement of any liquid which is not a hazardous waste in a
landfill is prohibited unless the owner or operator of such landfill
demonstrates to the Regional Administrator, or the Regional
Administrator determines that:
* * * * *

Subpart O--Incinerators

0
30. Section 264.343 is amended by revising paragraph (a)(2) to read as
follows:

Sec.  264.343  Performance standards.

* * * * *
    (a)(1) * * *
    (2) An incinerator burning hazardous wastes FO20, FO21, FO22, FO23,
FO26,

or FO27 must achieve a destruction and removal efficiency (DRE) of
99.9999% for each principal organic hazardous constituent (POHC)
designated (under Sec.  264.342) in its permit. This performance must
be demonstrated on POHCs that are more difficult to incinerate than
tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. DRE
is determined for each POHC from the equation in Sec.  264.343(a)(1).
* * * * *

0
31. Section 264.347 is amended by revising paragraph (d) to read as
follows:

Sec.  264.347  Monitoring and inspections.

* * * * *
    (d) This monitoring and inspection data must be recorded and the
records must be placed in the operating record required by Sec.  264.73
of this part and maintained in the operating record for five years.

Subpart S--Special Provisions for Cleanup

0
32. Section 264.554 is amended by revising paragraph (c)(2) to read as
follows:

Sec.  264.554  Staging piles.

* * * * *
    (c) * * *
    (2) Certification by a qualified Professional Engineer for
technical data, such as design drawings and specifications, and
engineering studies, unless the Director determines, based on
information that you provide, that this certification is not necessary
to ensure that a staging pile will protect human health and the
environment; and
* * * * *

Subpart W--Drip Pads

0
33. Section 264.571 is amended by revising paragraphs (a), (b), and (c)
to read as follows:

Sec.  264.571  Assessment of existing drip pad integrity.

    (a) For each existing drip pad as defined in Sec.  264.570 of this
subpart, the owner or operator must evaluate the drip pad and determine
whether it meets all of the requirements of this subpart, except the
requirements for liners and leak detection systems of Sec.  264.573(b).
No later than the effective date of this rule, the owner or operator
must obtain and keep on file at the facility a written assessment of
the drip pad, reviewed and certified by a qualified Professional
Engineer that attests to the results of the evaluation. The assessment
must be reviewed, updated and re-certified annually until all upgrades,
repairs, or modifications necessary to achieve compliance with all the
standards of Sec.  264.573 are complete. The evaluation must document
the extent to which the drip pad meets each of the design and operating
standards of Sec.  264.573, except the standards for liners and leak
detection systems, specified in Sec.  264.573(b).
    (b) The owner or operator must develop a written plan for
upgrading, repairing, and modifying the drip pad to meet the
requirements of Sec.  264.573(b) and submit the plan to the Regional
Administrator no later than 2 years before the date that all repairs,
upgrades, and modifications are complete. This written plan must
describe all changes to be made to the drip pad in sufficient detail to
document compliance with all the requirements of Sec.  264.573. The
plan must be reviewed and certified by a qualified Professional
Engineer.
    (c) Upon completion of all upgrades, repairs, and modifications,
the owner or operator must submit to the Regional Administrator or
state Director, the as-built drawings for the drip pad together with a
certification by a qualified Professional Engineer attesting that the
drip pad conforms to the drawings.
* * * * *

0
34. Section 264.573 is amended by revising paragraphs (a)(4)(ii) and
(g) to read as follows:

Sec.  264.573  Design and operating requirements.

    (a) * * *
    (4) * * *
    (ii) The owner or operator must obtain and keep on file at the
facility a written assessment of the drip pad, reviewed and certified
by a qualified Professional Engineer that attests to the results of the
evaluation. The assessment must be reviewed, updated and recertified
annually. The evaluation must document the extent to which the drip pad
meets the design and operating standards of this section, except for
paragraph (b) of this section.
* * * * *
    (g) The drip pad must be evaluated to determine that it meets the
requirements of paragraphs (a) through (f) of this section and the
owner or operator must obtain a statement from a qualified Professional
Engineer certifying that the drip pad design meets the requirements of
this section.
* * * * *

0
35. Section 264.574 is amended by revising paragraph (a) to read as
follows:

Sec.  264.574  Inspections.

    (a) During construction or installation, liners and cover systems
(e.g., membranes, sheets, or coatings) must be inspected for
uniformity, damage and imperfections (e.g., holes, cracks, thin spots,
or foreign materials). Immediately after construction or installation,
liners must be inspected and certified as meeting the requirements in
Sec.  264.573 of this subpart by a qualified Professional Engineer.
This certification must be maintained at the facility as part of the
facility operating record. After installation, liners and covers must
be inspected to ensure tight seams and joints and the absence of tears,
punctures, or blisters.
* * * * *

Subpart BB--Air Emission Standards for Equipment Leaks

Sec.  264.1061  [Amended]

0
36. Section 264.1061 is amended by:
0
a. Removing paragraphs (b)(1) and (d); and,
0
b. Redesignating paragraphs (b)(2) and (b)(3) as paragraphs (b)(1) and
(b)(2).

Sec.  264.1062  [Amended]

0
37. Section 264.1062 is amended by removing paragraph (a)(2) and
redesignating paragraph (a)(1) as paragraph (a).

Subpart DD--Containment Buildings

0
38. Section 264.1100 is amended by revising the introductory text to
read as follows:

Sec.  264.1100  Applicability.

    The requirements of this subpart apply to owners or operators who
store or treat hazardous waste in units designed and operated under
Sec.  264.1101 of this subpart. The owner or operator is not subject to
the definition of land disposal in RCRA section 3004(k) provided that
the unit:
* * * * *

0
39. Section 264.1101 is amended by revising paragraphs (c)(2) and
(c)(4) to read as follows:

Sec.  264.1101  Design and operating standards.

* * * * *
    (c) * * *
    (2) Obtain and keep on-site a certification by a qualified
Professional Engineer that the containment building design meets the
requirements of paragraphs (a), (b), and (c) of this section.
* * * * *
    (4) Inspect and record in the facility's operating record, at least
once every

seven days, except for Performance Track member facilities that must
inspect at least once each month, upon approval by the Director, data
gathered from monitoring 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. To
apply for reduced inspection frequency, the Performance Track member
facility must follow the procedures described in Sec.  264.15(b)(5).
* * * * *

PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

0
40. The authority citation for part 265 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925,
6935, 6936, and 6937, unless otherwise noted.

Subpart B--General Facility Standards

0
41. Section 265.15 is amended by revising paragraph (b)(4) and adding
paragraph (b)(5) to read as follows:

Sec.  265.15  General inspection requirements.

* * * * *
    (b) * * *
    (4) The frequency of inspection 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 operator
error goes undetected between inspections. Areas subject to spills,
such as loading and unloading areas, must be inspected daily when in
use, except for Performance Track member facilities, that must inspect
at least once each month, upon approval by the Director, as described
in paragraph (b)(5) of this section. At a minimum, the inspection
schedule must include the items and frequencies called for in
Sec. Sec.  265.174, 265.193, 265.195, 265.226, 265.260, 265.278,
265.304, 265.347, 265.377, 265.403, 265.1033, 265.1052, 265.1053,
265.1058, and 265.1084 through 265.1090, where applicable.
    (5) Performance Track member facilities that choose to reduce
inspection frequencies must:
    (i) Submit an application to the Director. The application must
identify the facility as a member of the National Environmental
Performance Track Program and identify the management units for reduced
inspections and the proposed frequency of inspections. Inspections must
be conducted at least once each month.
    (ii) Within 60 days, the Director will notify the Performance Track
member facility, in writing, if the application is approved, denied, or
if an extension to the 60-day deadline is needed. This notice must be
placed in the facility's operating record. The Performance Track member
facility should consider the application approved if the Director does
not: (1) Deny the application; or (2) notify the Performance Track
member facility of an extension to the 60-day deadline. In these
situations, the Performance Track member facility must adhere to the
revised inspection schedule outlined in its application and maintain a
copy of the application in the facility's operating record.
    (iii) Any Performance Track member facility that discontinues its
membership or is terminated from the program must immediately notify
the Director of its change in status. The facility must place in its
operating record a dated copy of this notification and revert back to
the non-Performance Track inspection frequencies within seven calendar
days.
* * * * *

0
42. Section 265.16 is amended by adding new paragraph (a)(4) to read as
follows:

Sec.  265.16  Personnel training.

    (a) * * *
    (4) For facility employees that receive emergency response training
pursuant to Occupational Safety and Health Administration (OSHA)
regulations 29 CFR 1910.120(p)(8) and 1910.120(q), the facility is not
required to provide separate emergency response training pursuant to
this section, provided that the overall facility training meets all the
requirements of this section.
* * * * *

Subpart D--Contingency Plans and Emergency Procedures

0
43. Section 265.52 is amended by revising paragraph (b) to read as
follows:

Sec.  265.52  Content of contingency plan.

* * * * *
    (b) If the owner or operator has already prepared a Spill
Prevention, Control, and Countermeasures (SPCC) Plan in accordance with
Part 112 of this chapter, or Part 1510 of chapter V, or some other
emergency or contingency plan, he need only amend that plan to
incorporate hazardous waste management provisions that are sufficient
to comply with the requirements of this Part. The owner or operator may
develop one contingency plan which meets all regulatory requirements.
EPA recommends that the plan be based on the National Response Team's
Integrated Contingency Plan Guidance (``One Plan''). When modifications
are made to non-RCRA provisions in an integrated contingency plan, the
changes do not trigger the need for a RCRA permit modification.
* * * * *

Sec.  265.56  [Amended]

0
44. Section 265.56 is amended by removing paragraph (i) and
redesignating paragraph (j) as paragraph (i).

Subpart E--Manifest System, Recordkeeping, and Reporting

0
45. Section 265.73 is amended by revising the introductory text to
paragraph (b), (b)(1), (b)(2) (the comment to paragraph (b)(2) is
unchanged), (b)(6) (the comment to paragraph (b)(6) is unchanged),
(b)(7), and (b)(8) and adding a new (b)(15) to read as follows:

Sec.  265.73  Operating record.

* * * * *
    (b) The following information must be recorded, as it becomes
available, and maintained in the operating record for three years
unless noted below:
    (1) A description and the quantity of each hazardous waste
received, and the method(s) and date(s) of its treatment, storage, or
disposal at the facility as required by Appendix I to part 265. This
information must be maintained in the operating record until closure of
the facility;
    (2) The location of each hazardous waste within the facility and
the quantity at each location. For disposal facilities, the location
and quantity of each hazardous waste must be recorded on a map or
diagram of each cell or disposal area. For all facilities, this
information must include cross-references to manifest document numbers
if the waste was accompanied by a manifest. This information must be
maintained in the operating record until closure of the facility;
* * * * *
    (6) Monitoring, testing or analytical data, and corrective action
where required by subpart F of this part and by Sec. Sec.  265.19,
265.94, 265.191, 265.193, 265.195, 265.224, 265.226, 265.255, 265.260,
265.276, 265.278, 265.280(d)(1), 265.302, 265.304, 265.347, 265.377,
265.1034(c) through 265.1034(f), 265.1035, 265.1063(d) through 265.
265.1063(i), 265.1064, and 265.1083 through 265.1090. Maintain in

the operating record for three years, except for records and results
pertaining to ground-water monitoring and cleanup, and response action
plans for surface impoundments, waste piles, and landfills, which must
be maintained in the operating record until closure of the facility.
* * * * *
    (7) All closure cost estimates under Sec.  265.142 and, for
disposal facilities, all post-closure cost estimates under Sec.
265.144 must be maintained in the operating record until closure of the
facility.
    (8) Records of the quantities (and date of placement) for each
shipment of hazardous waste placed in land disposal units under an
extension to the effective date of any land disposal restriction
granted pursuant to Sec.  268.5 of this chapter, monitoring data
required pursuant to a petition under Sec.  268.6 of this chapter, or a
certification under Sec.  268.8 of this chapter, and the applicable
notice required by a generator under Sec.  268.7(a) of this chapter.
All of this information must be maintained in the operating record
until closure of the facility.
* * * * *
    (15) Monitoring, testing or analytical data, and corrective action
where required by Sec. Sec.  265.90, 265.93(d)(2), and 265.93(d)(5),
and the certification as required by Sec.  265.196(f) must be
maintained in the operating record until closure of the facility.

Subpart F--Ground-Water Monitoring

0
46. Section 265.90 is amended by revising paragraphs (d)(1) and (d)(3)
to read as follows:

Sec.  265.90  Applicability.

* * * * *
    (d) * * *
    (1) Within one year after the effective date of these regulations,
develop a specific plan, certified by a qualified geologist or
geotechnical engineer, which satisfies the requirements of Sec.
265.93(d)(3), for an alternate ground-water monitoring system. This
plan is to be placed in the facility's operating record and maintained
until closure of the facility.
* * * * *
    (3) Prepare a report in accordance with Sec.  265.93(d)(5) and
place it in the facility's operating record and maintain until closure
of the facility.
* * * * *

0
47. Section 265.93 is amended by revising paragraphs (d)(2) and (d)(5)
to read as follows:

Sec.  265.93  Preparation, evaluation, and response.

* * * * *
    (d)(1) * * *
    (2) Within 15 days after the notification under paragraph (d)(1) of
this section, the owner or operator must develop a specific plan, based
on the outline required under paragraph (a) of this section and
certified by a qualified geologist or geotechnical engineer, for a
ground-water quality assessment at the facility. This plan must be
placed in the facility operating record and be maintained until closure
of the facility.
* * * * *
    (5) The owner or operator must make his first determination under
paragraph (d)(4) of this section, as soon as technically feasible, and
prepare a report containing an assessment of ground-water quality. This
report must be placed in the facility operating record and be
maintained until closure of the facility.
* * * * *

Subpart G--Closure and Post-Closure

0
48. Section 265.113 is amended by revising paragraph (e)(5) to read as
follows:

Sec.  265.113  Closure; time allowed for closure.

* * * * *
    (e) * * *
    (5) During the period of corrective action, the owner or operator
shall provide annual reports to the Regional Administrator describing
the progress of the corrective action program, compile all ground-water
monitoring data, and evaluate the effect of the continued receipt of
non-hazardous wastes on the effectiveness of the corrective action.
* * * * *

0
49. Section 265.115 is revised to read as follows:

Sec.  265.115  Certification of closure.

    Within 60 days of completion of closure of each hazardous waste
surface impoundment, waste pile, land treatment, and landfill unit, and
within 60 days of completion of final closure, the owner or operator
must submit to the Regional Administrator, by registered mail, a
certification that the hazardous waste management unit or facility, as
applicable, has been closed in accordance with the specifications in
the approved closure plan. The certification must be signed by the
owner or operator and by a qualified Professional Engineer.
Documentation supporting the Professional Engineer's certification must
be furnished to the Regional Administrator upon request until he
releases the owner or operator from the financial assurance
requirements for closure under Sec.  265.143(h).

0
50. Section 265.120 is revised to read as follows:

Sec.  265.120  Certification of completion of post-closure care.

    No later than 60 days after the completion of the established post-
closure care period for each hazardous waste disposal unit, the owner
or operator must submit to the Regional Administrator, by registered
mail, a certification that the post-closure care period for the
hazardous waste disposal unit was performed in accordance with the
specifications in the approved post-closure plan. The certification
must be signed by the owner or operator and a qualified Professional
Engineer. Documentation supporting the Professional Engineer's
certification must be furnished to the Regional Administrator upon
request until he releases the owner or operator from the financial
assurance requirements for post-closure care under Sec.  265.145(h).

Subpart H--Financial Requirements

0
51. Section 265.143 is amended by revising paragraph (h) to read as
follows:

Sec.  265.143  Financial assurance for closure.

* * * * *
    (h) Release of the owner or operator from the requirements of this
section. Within 60 days after receiving certifications from the owner
or operator and a qualified 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 financial
assurance for final closure of the facility, unless the Regional
Administrator has reason to believe that final closure has not been in
accordance with the approved closure plan. The Regional Administrator
shall provide the owner or operator a detailed written statement of any
such reason to believe that closure has not been in accordance with the
approved closure plan.

0
52. Section 265.145 is amended by revising paragraph (h) to read as
follows:

Sec.  265.145  Financial assurance for post-closure care.

* * * * *
    (h) Release of the owner or operator from the requirements of this
section. Within 60 days after receiving

certifications from the owner or operator and a qualified Professional
Engineer that the post-closure care period has been completed for a
hazardous waste disposal unit in accordance with the approved plan, the
Regional Administrator will notify the owner or operator in writing
that he is no longer required to maintain financial assurance for post-
closure care of that unit, unless the Regional Administrator has reason
to believe that post-closure care has not been in accordance with the
approved post-closure plan. The Regional Administrator shall provide
the owner or operator a detailed written statement of any such reason
to believe that post-closure care has not been in accordance with the
approved post-closure plan.

0
53. Section 265.147 is amended by revising paragraph (e) to read as
follows:

Sec.  265.147  Liability requirements.

* * * * *
    (e) Period of coverage. Within 60 days after receiving
certifications from the owner or operator and a qualified 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 for that facility, unless the Regional
Administrator has reason to believe that closure has not been in
accordance with the approved closure plan.
* * * * *

Subpart I--Use and Management of Containers

0
54. Section 265.174 is revised to read as follows:

Sec.  265.174  Inspections.

    At least weekly, the owner or operator must inspect areas where
containers are stored, except for Performance Track member facilities,
that must conduct inspections at least once each month, upon approval
by the Director. To apply for reduced inspection frequency, the
Performance Track member facility must follow the procedures described
in Sec.  265.15(b)(5) of this part. The owner or operator must look for
leaking containers and for deterioration of containers and the
containment system caused by corrosion or other factors.

[Comment: See Sec.  265.171 for remedial action required if
deterioration or leaks are detected.]

Subpart J--Tank Systems

0
55. Section 265.191 is amended by revising paragraphs (a) and
(b)(5)(ii) (the note to paragraph (b)(5)(ii) is unchanged) to read as
follows:

Sec.  265.191  Assessment of existing tank system's integrity.

    (a) For each existing tank system that does not have secondary
containment meeting the requirements of Sec.  265.193, the owner or
operator must determine that the tank system is not leaking or is unfit
for use. Except as provided in paragraph (c) of this section, the owner
or operator must obtain and keep on file at the facility a written
assessment reviewed and certified by a qualified Professional Engineer
in accordance with Sec.  270.11(d) of this chapter, that attests to the
tank system's integrity by January 12, 1988.
    (b) * * *
    (5) * * *
    (ii) For other than non-enterable underground tanks and for
ancillary equipment, this assessment must be either a leak test, as
described above, or an internal inspection and/or other tank integrity
examination certified by a qualified Professional Engineer in
accordance with Sec.  270.11(d) of this chapter that addresses cracks,
leaks, corrosion, and erosion.
* * * * *

0
56. Section 265.192 is amended by revising paragraphs (a) introductory
text and (b) introductory text to read as follows:

Sec.  265.192  Design and installation of new tank systems or
components.

    (a) Owners or operators of new tank systems or components 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 so that it
will not collapse, rupture, or fail. The owner or operator must obtain
a written assessment reviewed and certified by a qualified Professional
Engineer in accordance with Sec.  270.11(d) of this chapter attesting
that the system has sufficient structural integrity and is acceptable
for the storing and treating of hazardous waste. This assessment must
include the following information:
* * * * *
    (b) The owner or operator of a new tank system must ensure that
proper handling procedures are adhered to in order to prevent damage to
the system during installation. Prior to covering, enclosing, or
placing a new tank system or component in use, an independent,
qualified installation inspector or a qualified Professional Engineer,
either of whom is trained and experienced in the proper installation of
tank systems, must inspect the system or component for the presence of
any of the following items:
* * * * *

0
56. Section 265.193 is amended by:
0
a. Removing paragraphs (a)(2) through (a)(4);
0
b. Redesignating (a)(5) as (a)(2);
0
c. Revising paragraphs (a)(1), newly designated (a)(2) and (i)(2) (the
note to (i)(2) is unchanged) to read as follows.

Sec.  265.193  Containment and detection of releases.

    (a) * * *
    (1) For all new and existing tank systems or components, prior to
their being put into service.
    (2) For tank systems that store or treat materials that become
hazardous wastes, within 2 years of the hazardous waste listing, or
when the tank system has reached 15 years of age, whichever comes
later.
* * * * *
    (i) * * *
    (2) For other than non-enterable underground tanks, and for all
ancillary equipment, the owner or operator must either conduct a leak
test as in paragraph (i)(1) of this section or an internal inspection
or other tank integrity examination by a qualified Professional
Engineer that addresses cracks, leaks, and corrosion or erosion at
least annually. The owner or operator must remove the stored waste from
the tank, if necessary, to allow the condition of all internal tanks
surfaces to be assessed.
* * * * *

0
58. Section 265.195 is amended by:
0
a. Revising paragraph (a) (the note to paragraph (a) is unchanged);
0
b. Redesignating existing paragraphs (b) and (c), as paragraphs (f) and
(g), respectively; and,
0
c. Adding new paragraphs (b) through (e).

Sec.  265.195  Inspections.

    (a) The owner or operator must inspect, where present, at least
once each operating day, data gathered from monitoring and leak
detection equipment (e.g., pressure or temperature gauges, monitoring
wells) to ensure that the tank system is being operated according to
its design.
* * * * *
    (b) Except as noted under the paragraph (c) of this section, the
owner or operator must inspect at least once each operating day:
    (1) Overfill/spill control equipment (e.g., waste-feed cutoff
systems, bypass

systems, and drainage systems) to ensure that it is in good working
order;
    (2) Above ground portions of the tank system, if any, to detect
corrosion or releases of waste; and
    (3) The construction materials and the area immediately surrounding
the externally accessible portion of the tank system, including the
secondary containment system (e.g., dikes) to detect erosion or signs
of releases of hazardous waste (e.g., wet spots, dead vegetation).
    (c) Owners or operators of tank systems that either use leak
detection equipment to alert facility personnel to leaks, or implement
established workplace practices to ensure leaks are promptly
identified, must inspect at least weekly those areas described in
paragraphs (b)(1) through (3) of this section. Use of the alternate
inspection schedule must be documented in the facility's operating
record. This documentation must include a description of the
established workplace practices at the facility.
    (d) Performance Track member facilities may inspect on a less
frequent basis, upon approval by the Director, but must inspect at
least once each month. To apply for a less than weekly inspection
frequency, the Performance Track member facility must follow the
procedures described in Sec.  265.15(b)(5).
    (e) Ancillary equipment that is not provided with secondary
containment, as described in Sec.  265.193(f)(1) through (4), must be
inspected at least once each operating day.
* * * * *

0
59. Section 265.196 is amended by revising paragraph (f) (the notes to
paragraph (f) are unchanged) to read as follows:

Sec.  265.196  Response to leaks or spills and disposition of leaking
or unfit-for-use tank systems.

* * * * *
    (f) Certification of major repairs. If the owner/operator has
repaired a tank system in accordance with paragraph (e) of this
section, and the repair has been extensive (e.g., installation of an
internal liner; repair of a ruptured primary containment or secondary
containment vessel), the tank system must not be returned to service
unless the owner/operator has obtained a certification by a qualified
Professional Engineer in accordance with Sec.  270.11(d) that the
repaired system is capable of handling hazardous wastes without release
for the intended life of the system. This certification is to be placed
in the operating record and maintained until closure of the facility.
* * * * *

0
60. Section 265.201 is amended by:
0
a. Revising the paragraph (c) introductory text;
0
b. Redesignating paragraph (d) through (f), as paragraphs (f) through
(h), respectively; and,
0
c. Adding new paragraphs (d) and (e).

Sec.  265.201  Special requirements for generators of between 100 and
1,000 kg/mo. that accumulate hazardous waste in tanks.

* * * * *
    (c) Except as noted in paragraph (d) of this section, generators
who accumulate between 100 and 1,000 kg/mo of hazardous in tanks must
inspect, where present:
* * * * *
    (d) Generators who accumulate between 100 and 1,000 kg/mo of
hazardous waste in tanks or tank systems that have full secondary
containment and that either use leak detection equipment to alert
facility personnel to leaks, or implement established workplace
practices to ensure leaks are promptly identified, must inspect at
least weekly, where applicable, the areas identified in paragraphs
(c)(1) through (5) of this section. Use of the alternate inspection
schedule must be documented in the facility's operating record. This
documentation must include a description of the established workplace
practices at the facility.
    (e) Performance Track member facilities may inspect on a less
frequent basis, upon approval by the Director, but must inspect at
least once each month. To apply for a less than weekly inspection
frequency, the Performance Track member facility must follow the
procedures described in Sec.  265.15(b)(5).
* * * * *

Subpart K--Surface Impoundments

0
61. Section 265.221 is amended by revising paragraph (a) to read as
follows:

Sec.  265.221  Design and operating requirements.

    (a) The owner or operator of each new surface impoundment unit,
each lateral expansion of a surface impoundment unit, and each
replacement of an existing surface impoundment unit must install two or
more liners, and a leachate collection and removal system above and
between the liners, and operate the leachate collection and removal
system, in accordance with Sec.  264.221(c), unless exempted under
Sec.  264.221(d), (e), or (f) of this Chapter.
* * * * *

Sec.  265.223  [Redesignated as Sec.  265.224]

0
62. Section 265.223 titled ``Response actions'' is redesignated as
Sec.  265.224 and the newly designated Sec.  265.224 is amended by
revising paragraph (a) to read as follows:

Sec.  265.224  Response actions.

    (a) The owner or operator of surface impoundment units subject to
Sec.  265.221(a) must develop and keep on site until closure of the
facility a response action plan. The response action plan must set
forth the actions to be taken if the action leakage rate has been
exceeded. At a minimum, the response action plan must describe the
actions specified in paragraph (b) of this section.
* * * * *

Subpart L--Waste Piles

0
63. Section 265.259 is amended by revising the first sentence of
paragraph (a) to read as follows:

Sec.  265.259  Response actions.

    (a) The owner or operator of waste pile units subject to Sec.
265.254 must develop and keep on-site until closure of the facility a
response action plan. * * *
* * * * *

Subpart M--Land Treatment

0
64. Section 265.280 is amended by revising paragraph (e) to read as
follows:

Sec.  265.280  Closure and post-closure.

* * * * *
    (e) For the purpose of complying with Sec.  265.115, when closure
is completed the owner or operator may submit to the Regional
Administrator certification both by the owner or operator and by an
independent, qualified soil scientist, in lieu of a qualified
Professional Engineer, that the facility has been closed in accordance
with the specifications in the approved closure plan.
* * * * *

Subpart N--Landfills

0
65. Section 265.301 is amended by revising paragraph (a) to read as
follows:

Sec.  265.301  Design and operating requirements.

    (a) The owner or operator of each new landfill unit, each lateral
expansion of a landfill unit, and each replacement of an existing
landfill unit must install two or more liners and a leachate collection
and removal system above and between such liners, and operate the
leachate collection and removal system, in accordance with Sec.
264.301(d), (e), or (f) of this chapter.
* * * * *

0
66. Section 265.303 is amended by revising paragraph (a) to read as
follows:

Sec.  265.303  Response actions.

    (a) The owner or operator of landfill units subject to Sec.
265.301(a) must develop and keep on site until closure of the facility
a response action plan. The response action plan must set forth the
actions to be taken if the action leakage rate has been exceeded. At a
minimum, the response action plan must describe the actions specified
in paragraph (b) of this section.
* * * * *

0
67. Section 265.314 is amended by:
0
a. Removing paragraph (a);
0
b. Redesignating paragraphs (b) through (g) as paragraphs (a) through
(f); and,
0
c. Revising newly designated paragraph (a), and the introductory text
of newly designated paragraph (f) to read as follows:

Sec.  265.314  Special requirements for bulk and containerized liquids.

    (a) The placement of bulk or non-containerized liquid hazardous
waste or hazardous waste containing free liquids (whether or not
sorbents have been added) in any landfill is prohibited.
* * * * *
    (f) The placement of any liquid which is not a hazardous waste in a
landfill is prohibited unless the owner or operator of such landfill
demonstrates to the Regional Administrator or the Regional
Administrator determines that:
* * * * *

Subpart W--Drip Pads

0
68. Section 265.441 is amended by revising paragraphs (a), (b), and (c)
to read as follows:

Sec.  265.441  Assessment of existing drip pad integrity.

    (a) For each existing drip pad as defined in Sec.  265.440, the
owner or operator must evaluate the drip pad and determine that it
meets all of the requirements of this subpart, except the requirements
for liners and leak detection systems of Sec.  265.443(b). No later
than the effective date of this rule, the owner or operator must obtain
and keep on file at the facility a written assessment of the drip pad,
reviewed and certified by a qualified Professional Engineer that
attests to the results of the evaluation. The assessment must be
reviewed, updated, and re-certified annually until all upgrades,
repairs, or modifications necessary to achieve compliance with all the
standards of Sec.  265.443 are complete. The evaluation must document
the extent to which the drip pad meets each of the design and operating
standards of Sec.  265.443, except the standards for liners and leak
detection systems, specified in Sec.  265.443(b).
    (b) The owner or operator must develop a written plan for
upgrading, repairing, and modifying the drip pad to meet the
requirements of Sec.  265.443(b), and submit the plan to the Regional
Administrator no later than 2 years before the date that all repairs,
upgrades, and modifications are complete. This written plan must
describe all changes to be made to the drip pad in sufficient detail to
document compliance with all the requirements of Sec.  265.443. The
plan must be reviewed and certified by a qualified Professional
Engineer.
    (c) Upon completion of all repairs and modifications, the owner or
operator must submit to the Regional Administrator or state Director,
the as-built drawings for the drip pad together with a certification by
a qualified Professional Engineer attesting that the drip pad conforms
to the drawings.
* * * * *

0
69. Section 265.443 is amended by revising paragraphs (a)(4)(ii) and
(g) to read as follows:

Sec.  265.443  Design and operating requirements.

    (a) * * *
    (4)(i) * * *
    (ii) The owner or operator must obtain and keep on file at the
facility a written assessment of the drip pad, reviewed and certified
by a qualified Professional Engineer that attests to the results of the
evaluation. The assessment must be reviewed, updated and recertified
annually. The evaluation must document the extent to which the drip pad
meets the design and operating standards of this section, except for
paragraph (b) of this section.
* * * * *
    (g) The drip pad must be evaluated to determine that it meets the
requirements of paragraphs (a) through (f) of this section and the
owner or operator must obtain a statement from a qualified Professional
Engineer certifying that the drip pad design meets the requirements of
this section.
* * * * *

0
70. Section 265.444 is amended by revising paragraph (a) to read as
follows:

Sec.  265.444  Inspections.

    (a) During construction or installation, liners and cover systems
(e.g., membranes, sheets, or coatings) must be inspected for
uniformity, damage and imperfections (e.g., holes, cracks, thin spots,
or foreign materials). Immediately after construction or installation,
liners must be inspected and certified as meeting the requirements of
Sec.  265.443 by a qualified Professional Engineer. This certification
must be maintained at the facility as part of the facility operating
record. After installation, liners and covers must be inspected to
ensure tight seams and joints and the absence of tears, punctures, or
blisters.
* * * * *

Subpart BB--Air Emission Standards for Equipment Leaks

Sec.  265.1061  [Amended]

0
71. Section 265.1061 is amended by removing paragraphs (b)(1) and (d),
and redesignating paragraphs (b)(2) and (b)(3) as paragraphs (b)(1) and
(b)(2).

Sec.  265.1062  [Amended]

0
72. Section 265.1062 is amended by removing paragraph (a)(2) and
redesignating paragraph (a)(1) as paragraph (a).

Subpart DD--Containment Buildings

0
73. Section 265.1100 is amended by revising the introductory text to
read as follows:

Sec.  265.1100  Applicability.

    The requirements of this subpart apply to owners or operators who
store or treat hazardous waste in units designed and operated under
Sec.  265.1101 of this subpart. The owner or operator is not subject to
the definition of land disposal in RCRA section 3004(k) provided that
the unit:
* * * * *

0
74. Section 265.1101 is amended revising paragraphs (c)(2) and (c)(4)
to read as follows:

Sec.  265.1101  Design and operating standards.

* * * * *
    (c) * * *
    (2) Obtain and keep on-site a certification by a qualified
Professional Engineer that the containment building design meets the
requirements of paragraphs (a), (b), and (c) of this section.
* * * * *
    (4) Inspect and record in the facility's operating record at least
once every seven days, except for Performance Track member facilities,
that must inspect up to once each month, upon approval of the director,
data gathered from monitoring 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. To apply for reduced
inspection frequency, the Performance Track member facility must follow
the procedures described in Sec.  265.15(b)(5).
* * * * *

PART 266--STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES

0
75. The authority citation for part 266 continues to read as follows:

    Authority: 42 U.S.C. 1006, 2002(a), 3001-3009, 3014, 6905, 6906,
6912, 6921, 6922, 6924-6927, 6934, and 6937.

Subpart H--Hazardous Waste Burned in Boilers and Industrial
Furnaces

0
76. Section 266.102 is amended by revising paragraph (e)(10) to read as
follows:

Sec.  266.102  Permit standards for burners.

* * * * *
    (e) * * *
    (10) Recordkeeping. The owner or operator must maintain in the
operating record of the facility all information and data required by
this section for five years.
* * * * *

0
77. Section 266.103 is amended by revising paragraphs (d) and (k) to
read as follows:

Sec.  266.103  Interim status standards for burners.

* * * * *
    (d) Periodic Recertifications. The owner or operator must conduct
compliance testing and submit to the Director a recertification of
compliance under provisions of paragraph (c) of this section within
five years from submitting the previous certification or
recertification. If the owner or operator seeks to recertify compliance
under new operating conditions, he/she must comply with the
requirements of paragraph (c)(8) of this section.
* * * * *
    (k) Recordkeeping. The owner or operator must keep in the operating
record of the facility all information and data required by this
section for five years.
* * * * *

PART 268--LAND DISPOSAL RESTRICTIONS

0
78. The authority citation for part 268 continues to read as follows:

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

Subpart A--General

0
79. Section 268.7 is amended by revising paragraphs (a)(1), (a)(2), and
(b)(6) to read as follows:

Sec.  268.7  Testing, tracking and recordkeeping requirements for
generators, treaters, and disposal facilities.

    (a) Requirements for generators: (1) A generator of hazardous waste
must determine if the waste has to be treated before it can be land
disposed. This is done by determining if the hazardous waste meets the
treatment standards in Sec.  268.40, 268.45, or Sec.  268.49. This
determination can be made concurrently with the hazardous waste
determination required in Sec.  262.11 of this chapter, in either of
two ways: testing the waste or using knowledge of the waste. If the
generator tests the waste, testing would normally determine the total
concentration of hazardous constituents, or the concentration of
hazardous constituents in an extract of the waste obtained using test
method 1311 in ``Test Methods of Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846, (incorporated by reference,
see Sec.  260.11 of this chapter), depending on whether the treatment
standard for the waste is expressed as a total concentration or
concentration of hazardous constituent in the waste's extract.
(Alternatively, the generator must send the waste to a RCRA-permitted
hazardous waste treatment facility, where the waste treatment facility
must comply with the requirements of Sec.  264.13 of this chapter and
paragraph (b) of this section. In addition, some hazardous wastes must
be treated by particular treatment methods before they can be land
disposed and some soils are contaminated by such hazardous wastes.
These treatment standards are also found in Sec.  268.40, and are
described in detail in Sec.  268.42, Table 1. These wastes, and solids
contaminated with such wastes, do not need to be tested (however, if
they are in a waste mixture, other wastes with concentration level
treatment standards would have to be tested). If a generator determines
they are managing a waste or soil contaminated with a waste, that
displays a hazardous characteristic of ignitability, corrosivity,
reactivity, or toxicity, they must comply with the special requirements
of Sec.  268.9 of this part in addition to any applicable requirements
in this section.
    (2) If the waste or contaminated soil does not meet the treatment
standards, or if the generator chooses not to make the determination of
whether his waste must be treated, with the initial shipment of waste
to each treatment or storage facility, the generator must send a one-
time written notice to each treatment or storage facility receiving the
waste, and place a copy in the file. The notice must include the
information in column ``268.7(a)(2)'' of the Generator Paperwork
Requirements Table in paragraph (a)(4) of this section. (Alternatively,
if the generator chooses not to make the determination of whether the
waste must be treated, the notification must include the EPA Hazardous
Waste Numbers and Manifest Number of the first shipment and must state
``This hazardous waste may or may not be subject to the LDR treatment
standards. The treatment facility must make the determination.'') No
further notification is necessary until such time that the waste or
facility change, in which case a new notification must be sent and a
copy placed in the generator's file.
* * * * *
    (b) * * *
    (6) Where the wastes are recyclable materials used in a manner
constituting disposal subject to the provisions of Sec.  266.20(b) of
this chapter regarding treatment standards and prohibition levels, the
owner or operator of a treatment facility (i.e., the recycler) must,
for the initial shipment of waste, prepare a one-time certification
described in paragraph (b)(4) of this section, and a one-time notice
which includes the information in paragraph (b)(3) of this section
(except the manifest number). The certification and notification must
be placed in the facility's on-site files. If the waste or the
receiving facility changes, a new certification and notification must
be prepared and placed in the on site files. In addition, the recycling
facility must also keep records of the name and location of each entity
receiving the hazardous waste-derived product.
* * * * *

0
80. Section 268.9 is amended by revising paragraphs (a) and (d)
introductory text to read as follows:

Sec.  268.9  Special rules regarding wastes that exhibit a
characteristic.

    (a) The initial generator of a solid waste must determine each EPA
Hazardous Waste Number (waste code) applicable to the waste in order to
determine the applicable treatment standards under subpart D of this
part. This determination may be made concurrently with the hazardous
waste determination required in Sec.  262.11 of this chapter. For
purposes of part 268, the waste will carry the waste code for any
applicable listed waste (40 CFR part

261, subpart D). In addition, where the waste exhibits a
characteristic, the waste will carry one or more of the characteristic
waste codes (40 CFR part 261, subpart C), except when the treatment
standard for the listed waste operates in lieu of the treatment
standard for the characteristic waste, as specified in paragraph (b) of
this section. If the generator determines that their waste displays a
hazardous characteristic (and is not D001 nonwastewaters treated by
CMBST, RORGS, OR POLYM of Sec.  268.42, Table 1), the generator must
determine the underlying hazardous constituents (as defined at Sec.
268.2(i)) in the characteristic waste.
* * * * *
    (d) Wastes that exhibit a characteristic are also subject to Sec.
268.7 requirements, except that once the waste is no longer hazardous,
a one-time notification and certification must be placed in the
generator's or treater's on-site files. The notification and
certification must be updated if the process or operation generating
the waste changes and/or if the subtitle D facility receiving the waste
changes.
* * * * *

PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE
PERMIT PROGRAM

0
81. 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 B--Permit Application

0
82. Section 270.14 is amended by revising paragraph (a) to read as
follows:

Sec.  270.14  Contents of part B: General requirements.

    (a) Part B of the permit application consists of the general
information requirements of this section, and the specific information
requirements in Sec. Sec.  0.14 through 270.29 applicable to the
facility. The part B information requirements presented in Sec. Sec.
270.14 through 270.29 reflect the standards promulgated in 40 CFR part
264. These information requirements are necessary in order for EPA to
determine compliance with the part 264 standards. If owners and
operators of HWM facilities can demonstrate that the information
prescribed in part B can not be provided to the extent required, the
Director may make allowance for submission of such information on a
case-by-case basis. Information required in part B shall be submitted
to the Director and signed in accordance with the requirements in Sec.
270.11. Certain technical data, such as design drawings and
specification, and engineering studies shall be certified by a
qualified Professional Engineer. For post-closure permits, only the
information specified in Sec.  270.28 is required in part B of the
permit application.
* * * * *

0
83. Section 270.16 is amended by revising paragraph (a) to read as
follows:

Sec.  270.16  Specific part B information requirements for tank
systems.

* * * * *
    (a) A written assessment that is reviewed and certified by a
qualified Professional Engineer as to the structural integrity and
suitability for handling hazardous waste of each tank system, as
required under Sec. Sec.  264.191 and 264.192 of this chapter;
* * * * *

0
84. Section 270.26 is amended by revising paragraph (c)(15) to read as
follows:

Sec.  270.26  Special part B information requirements for drip pads.

* * * * *
    (c) * * *
    (15) A certification signed by a qualified Professional Engineer,
stating that the drip pad design meets the requirements of paragraphs
(a) through(f) Sec.  264.573 of this chapter.
* * * * *

Subpart D--Changes to Permits

0
85. Section 270.42 is amended by adding new paragraph (l) and by adding
new entry O to the table in Appendix I to Sec.  270.42. to read as
follows:

Sec.  270.42  Permit modification at the request of the permittee.

* * * * *
    (l) Performance Track member facilities. The following procedures
apply to Performance Track member facilities that request a permit
modification under Appendix I of this section, section O(1).
    (1) Performance Track member facilities must have complied with the
requirements of Sec.  264.15(b)(5) in order to request a permit
modification under this section.
    (2) The Performance Track member facility should consider the
application approved if the Director does not: deny the application, in
writing; or notify the Performance Track member facility, in writing,
of an extension to the 60-day deadline within 60 days of receiving the
request. In these situations, the Performance Track member facility
must adhere to the revised inspection schedule outlined in its
application and maintain a copy of the application in the facility's
operating record.
* * * * *

Appendix 1 To Sec.  270.42--Classification of Permit Modification

------------------------------------------------------------------------
                          Modifications                            Class
------------------------------------------------------------------------

                              * * * * * * *
O. Burden Reduction
    1. Approval of reduced inspection frequency for Performance
     Track member facilities for:
        a. Tanks systems pursuant to Sec.   264.195.............   \1\ 1
        b. Containers pursuant to Sec.   264.174................   \1\ 1
        c. Containment buildings pursuant to Sec.                  \1\ 1
         264.1101(c)(4).........................................
        d. Areas subject to spills pursuant to Sec.                \1\ 1
         264.15(b)(4)...........................................
    2. Development of one contingency plan based on Integrated         1
     Contingency Plan Guidance pursuant to Sec.   264.52(b).....
    3. Changes to recordkeeping and reporting requirements             1
     pursuant to: Sec.  Sec.   264.56(i), 264.343(a)(2),
     264.1061(b)(1),(d), 264.1062(a)(2), 264.196(f), 264.100(g),
     and 264.113(e)(5)..........................................
    4. Changes to inspection frequency for tank systems pursuant       1
     to Sec.   264.195(b).......................................
    5. Changes to detection and compliance monitoring program         1
     pursuant to Sec.  Sec.   264.98(d), (g)(2), and (g)(3),
     264.99(f), and (g).........................................
------------------------------------------------------------------------
\1\ Class 1 modifications requiring prior Agency approval.

PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE
PROGRAMS

0
86. The authority citation for part 271 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912(a) and 6926.

0
87. Section 271.1(j) is amended by adding the following entries to
Table 1 in chronological order by date of publication in the Federal
Register, to read as follows:

Sec.  271.1  Purpose and scope.

* * * * *
    (j) * * *

               Table 1.--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
                                                                   Federal Register
         Promulgation date              Title of regulation           reference              Effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
May 4, 2006.......................  Office of Solid Waste       [Insert FR page        May 4, 2006.
                                     Burden Reduction Project.   numbers].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 06-2690 Filed 4-3-06; 8:45 am]

BILLING CODE 6560-50-P


Supporting Statement

for

Oil and Hazardous Materials Pollution Prevention and Safety Records,
Equivalents/Alternatives and Exemptions

OMB No.: 1625-0095

COLLECTION INSTRUMENTS:  Instruction

A.  Justification.

1)  Circumstances that make the collection of information necessary.

The Federal Water Pollution Control Act (FWPCA) requires the issuance of
regulations to prevent the discharge of oil or hazardous materials from
vessels and facilities; to require installation and inspection of
discharge removal equipment on vessels; and to require monitoring,
reporting, and recordkeeping regarding discharges of oil or hazardous
materials by facilities (33 U.S.C. 1321(j)(l)(C) and (D), (j)(6) and
(m)(2)).  The responsibility for issuing these regulations was delegated
to the U.S. Coast Guard.

To reduce the economic impact of these regulations when compliance with
the requirements is economically or physically impractical, and to
ensure the local Coast Guard has the flexibility to tailor these
regulations to local conditions, the regulated industries have the
option of requesting, in writing, either equivalent or alternative
procedures, methods, or equipment standards in lieu of any requirement
or a full or partial exemption of any requirement under 33 CFR 154.107
or 33 CFR 154.108; 33 CFR 155.120 or 33 CFR 155.130 and 33 CFR 156.107
or 33 CFR 156.110.

This information collection supports the following strategic goals:

Department of Homeland Security

Protection

Recovery

Response

Coast Guard

Protection of the Natural Resources

Prevention Policy & Response Policy Directorates (CG-5P & CG-5R)

Human and Natural Environment:  Eliminate environmental damage
associated with maritime transportation and operations on and around the
nation’s waterways.

2)  Purpose of the information collection.

This information is used by the local Coast Guard Sector office to
evaluate an industry request for equivalent or alternative procedures,
methods, or equipment standards in lieu of any requirement or a full or
partial exemption of any requirement in the regulations.  The
information is collected on an as requested basis by industry.  The
frequency that this information is collected varies widely by location.

3)  Consideration of the use of improved information technology.

The required information is unique to each applicant, and there are no
required forms.  Requests for equivalents/alternatives or exemptions may
be sent in writing or electronically via e-mail to the Coast Guard.  For
additional information, contact to your local CG Sector office.  A list
of CG sectors, as part of a comprehensive list of CG units, can be found
at   HYPERLINK "http://www.uscg.mil/top/units/"
http://www.uscg.mil/top/units/ .

We estimate that 100% of the reporting and recordkeeping requirements
can be done electronically.  At this time, we estimate that
approximately 75% of the responses are collected electronically.

4)  Efforts to identify duplication.

This information is specific to each operation.  No duplication is known
to exist.  No other similar Federal requirement exists.

5)  Methods to minimize the burden to small businesses if involved.

This information collection does not have an impact on small businesses
or other small entities.

6)  Consequences to the Federal program if collection were conducted
less frequently.

The collection of this information allows industry and the Coast Guard
to tailor the requirements of these regulations to local circumstances.
If industry, and the Coast Guard, were not allowed to request and
approve these equivalents, alternatives or exemptions then every
facility regardless of its size, complexity or capability would be
forced to meet exactly the same requirements even if it were not
physically or economically practical for them to do so.

7)  Special collection circumstances.

This information collection is conducted in a manner consistent with the
guidelines in 5 CFR 1320.5(d)(2).

8)  Consultation.

A 60-day Notice will be published in the Federal Register to obtain
public comment on this collection.

9)  Provide any payments or gifts to respondents.

There is no offer of monetary or material value for this information
collection.

10)  Describe any assurance of confidentiality provided to respondents.

There are no assurances of confidentiality provided to the respondents
for this information collection.

11)  Additional justification for any questions of a sensitive nature.

There are no questions of sensitive language.

12)  Estimate of annual hour and cost burdens to respondents.

Total number of annual respondents is 180.

Total number of annual responses is 180.

Total annual hour burden is 1,440 hours.

Total annual cost burden is $ 108,720.

The burden to respondents is provided in Appendix A.  We estimate that
each CG Sector Office receives 5 equivalent, alternative or exemption
requests per year, and that each request is from a different respondent.
 We estimate that the preparation, submission and recordkeeping of a
request takes about 6 hours of technical specialist time and 2 hours of
clerical time per response.  The position of technical specialist is
analogous to a GS-13, and the position of a clerical specialist is
analogous to a GS-7.  The wage rates used are in accordance with the
current edition of COMDTINST 7310.1(series) for “Out-Government”
personnel.

13)  Total of annualized capital and start-up costs.

There are no capital, start-up or maintenance costs associated with this
information collection.

14)  Estimates of annualized Federal Government costs.

The estimated annual Federal Government cost is $232,560 (see Appendix
B).  We estimate that it will take 19 hours by a Lieutenant Junior Grade
(LTJG; O-2) to review and process each request.  The wage rate shown is
in accordance with the current edition of COMDTINST 7310.1(series) for
“In-Government” personnel.

15)  Explain the reasons for the change in burden.

There is no change in burden.  There is no proposed change to the
reporting or recordkeeping requirements of this collection.  The
reporting and recordkeeping requirements, and the methodology for
calculating burden, remain unchanged.

16)  Plans for tabulation, statistical analysis and publication.

This information collection will not be published for statistical
purposes.

17)  Approval for not explaining the expiration date for OMB approval.

The Coast Guard will display the expiration date for OMB approval of
this information collection.

18)  Exception to the certification statement.

The Coast Guard does not request an exception to the certification of
this information collection.

B.  Collection of Information Employing Statistical Methods.

This information collection does not employ statistical methods.

OMB 2115-0613		9/3/99

1625-0095

 PAGE   8

  PAGE  3  of   NUMPAGES  3