SPECIAL CONSOLIDATED CHECKLIST
	for the
	Wood Preserving Listings
	as of December 31, 2002

Notes:  
1)  This checklist consolidates the changes to the Federal code addressed by the following Wood Preserving Listings checklists through December 31, 2002:

$	Revision Checklist 82 [55 FR 50450 (December 6, 1990)];
$	Revision Checklist 91 [56 FR 27332 (June 13, 1991)];
$	Revision Checklist 92 [56 FR 30192 (July 1, 1991)];
$	Revision Checklist 101 [57 FR 5859 (February 18, 1992)];
$	Revision Checklist 120 [57 FR 61492 (December 24, 1992)]; and
$	Revision Checklist 167 F [63 FR 28556 (May 26, 1998)].

This checklist also includes applicable changes made to the Federal code addressed by the following checklist that is not WPL checklist, but which contain revisions to provisions included in the WPL program, through December 31, 2002:

$	Revision Checklist 126 [58 FR 46040 (August 31, 1993).	

On June 29, 1995, EPA published a final rule removing provisions from the Code of Federal Regulations that are no longer legally in effect (see Revision Checklist 144; 60 FR 33912).  While Revision Checklist 144 is not a Wood Preserving Listing checklist, it is noted in the checklist column of this consolidated WPL checklist because it corrects an error regarding the footnote following the table in '261.31(a).

No final rules were promulgated between June 30, 1998 and December 31, 2002 that affected the Wood Preserving Listings rule.  Therefore, this consolidated checklist is identical to that of June 30, 1998.

2)  This consolidated checklist adds, to the list of wastes from non-specific sources, three broad categories of wastes from wood preserving processes that use chlorophenolic, creosote, and/or inorganic (arsenical and chromium) preservatives.  These wastes, F032, F034 and F035, include wastewaters, process residuals, preservative drippage and spent formulations.  The listing of F032 and the permitting and interim status standards applicable to drip pads handling this waste are promulgated pursuant to HSWA.  The listings of F034 and F035, the permitting and interim standards for drip pads that handle F034 and F035 wastes, and the addition of a test method to Appendix III of Part 261 are non-HSWA provisions.  EPA will implement the addition of F032 to the list of hazardous wastes from non-specific sources in authorized States until the States modify their programs and such modifications are approved by EPA.  The non-HSWA requirements are applicable only in those States that do not have interim or final authorization.  In authorized States, the non-HSWA requirements will not be applicable until the States revise their programs to adopt equivalent requirements under State law, unless the wastes are designated as hazardous due to the Toxicity Characteristic, which would allow an owner or operator to comply with the drip pad standards administered under Federal law.

3)  Note that double lines are used on the checklists to indicate the beginning and ending of optional provisions with subparagraphs or requirements that must all be adopted if the optional provision is adopted.

	
FEDERAL REQUIREMENTS	
CHECKLIST
REFERENCE	
FEDERAL RCRA CITATION	
ANALOGOUS STATE CITATION	
STATE ANALOG IS:	
					
EQUIV-ALENT	
LESS
STRIN-
GENT	
MORE STRIN-GENT	
BROADER IN SCOPE	

PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM:  GENERAL	

SUBPART B - DEFINITIONS	

DEFINITIONS	

add "drip pad" in alphabetical order	
82	
260.10	

	

	
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE	

SUBPART A - GENERAL	

EXCLUSIONS	

H	
Spent Wood Preserving Solutions and Wastewaters	

add new paragraph which excludes as a solid waste spent wood preserving solutions that have been reclaimed and are reused for their original intended purpose	
82,92	
261.4(a)(9)(i)	

	

	
add new paragraph which excludes as a solid waste wastewaters from the wood preserving process that have been reclaimed and are reused to treat wood	
92	
261.4(a)(9)(ii)	

	

H	
add paragraph; prior to reuse, wood preserving wastewaters and spent wood preserving solutions described in 261.4(a)(9)(i)&(ii), so long as they meet all specified conditions 	
167F	
261.4(a)(9)(iii)	

	

		
167F	
261.4(a)(9)(iii)(A)	

	

		
167F	
261.4(a)(9)(iii)(B)	

	

		
167F	
261.4(a)(9)(iii)(C)	

	

		
167F	
261.4(a)(9)(iii)(D)	

	

		
167F	
261.4(a)(9)(iii)(E)	

	

	
	SUBPART D - LISTS OF HAZARDOUS WASTES	

HAZARDOUS WASTES FROM NON-SPECIFIC SOURCES	

add the waste codes "F032", "F034" and "F035" in alphanumeric order to list as shown below:	
82,H91,H120	
261.31(a)/table	

	

	

	

	

	
	
Industry and EPA hazardous waste No.	
Hazardous waste	
Hazard code	

	
	
*		*		*		*		*		*		*	

	
	
F032	
Wastewaters (except those that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that currently use or have previously used chlorophenolic formulations (except potentially cross-contaminated wastes that have had the F032 waste code deleted in accordance with ' 261.35 of this chapter or potentially cross-contaminated wastes that are otherwise currently regulated as hazardous wastes (i.e., F034 or F035), and where the generator does not resume or initiate use of chlorophenolic formulations). This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol.	
(T)	

	
	
F034	
Wastewaters (except those that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use creosote formulations. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol.	
(T)	

	
	
F035	
Wastewaters (except those that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use inorganic preservatives containing arsenic or chromium. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol.	
(T)	

	
	
*		*		*		*		*		*		*	

	

	

	

	

remove administrative stay	
H91,120,144	
261.31(a)/ footnote‑1 	

	

	
DELETION OF CERTAIN HAZARDOUS WASTE CODES FOLLOWING EQUIPMENT CLEANING AND REPLACEMENT	

wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives will not meet the listing definition of F032 once the 261.35(b) and (c) requirements are met; wastes may continue to meet another hazardous waste listing description or exhibit one or more characteristics	
82	
261.35(a)	

	

	
generators must either clean or replace all specified process equipment that may have come into contact with chlorophenolic formulations or constituents	
82,92	
261.35(b)	

	

	
generators shall do one of the following:	
82,92	
261.35(b)(1)	

	

	
prepare and follow an equipment cleaning plan; clean equipment in accordance with 261.35	
92	
261.35(b)(1)(i)	

	

	
prepare and follow an equipment replacement plan; replace equipment in accordance with 261.35	
92	
261.35(b)(1)(ii)	

	

	
document cleaning and replacement in accordance with 261.35, carried out after termination of use of chlorophenolic preservatives	
92	
261.35(b)(1)(iii)	

	

	
cleaning requirements	
82,92	
261.35(b)(2)	

	

	
prepare and sign a written equipment cleaning plan that describes:	
92	
261.35(b)(2)(i)	

	

	
equipment to be cleaned	
92	
261.35(b)(2)(i)(A)	

	

	
how equipment will be cleaned	
92	
261.35(b)(2)(i)(B)	

	

	
solvent to be used in cleaning	
92	
261.35(b)(2)(i)(C)	

	

	
how solvent rinses will be tested	
92	
261.35(b)(2)(i)(D)	

	

	
how cleaning residues will be disposed	
92	
261.35(b)(2)(i)(E)	

	

	
equipment must be cleaned as follows:	
92	
261.35(b)(2)(ii)	

	

	
remove all visible residues from process equipment	
92	
261.35(b)(2)(ii)(A)	

	

	
rinse with appropriate solvent until no dioxin or dibenzofuran detection in final solvent rinse	
92	
261.35(b)(2)(ii)(B)	

	

	
analytical requirements	
92	
261.35(b)(2)(iii)	

	

	
test rinses as per SW‑846, Method 8290	
92	
261.35(b)(2)(iii)(A)	

	

	
"not detected" defined	
92	
261.35(b)(2)(iii)(B)	

	

	
generator manages cleaning process residues as F032 waste	
92	
261.35(b)(2)(iv)	

	

	
replacement requirements	
82,92	
261.35(b)(3)	

	

	
prepare and sign written equipment replacement plan that describes:	
92	
261.35(b)(3)(i)	

	

	
equipment to be replaced	
92	
261.35(b)(3)(i)(A)	

	

	
how equipment will be replaced	
92	
261.35(b)(3)(i)(B)	

	

	
how equipment will be disposed	
92	
261.35(b)(3)(i)(C)	

	

	
generator must manage discarded equipment as F032 waste	
92	
261.35(b)(3)(ii)	

	

	
documentation requirements	
92	
261.35(b)(4)	

	

	
document previous equipment cleaning and/or replacement performed in accordance with 261.35 and occurred after cessation of chlorophenolic preservative use	
92	
261.35(b)(4)(i)	

	

	
documentation that must be maintained as part of the facility's operating record	
82	
261.35(c)	

	

	
name and address of the facility	
82	
261.35(c)(1)	

	

	
formulations previously used and the date on which their use ceased in each process at the plant	
82	
261.35(c)(2)	

	

	
formulations currently used in each process at the plant	
82	
261.35(c)(3)	

	

	
equipment cleaning or replacement plan	
82	
261.35(c)(4)	

	

	
name and address of any persons who conducted the cleaning and replacement	
82	
261.35(c)(5)	

	

	
dates on which cleaning and replacement were accomplished	
82	
261.35(c)(6)	

	

	
dates of sampling and testing	
82	
261.35(c)(7)	

	

	
description of sample handling and preparation techniques	
82	
261.35(c)(8)	

	

	
description of the tests performed, the date, and the results of the tests	
82	
261.35(c)(9)	

	

	
name and model numbers of the instrument(s) used in performing the tests	
82	
261.35(c)(10)	

	

	
QA/QC documentation	
82	
261.35(c)(11)	

	

	
signed certification statement	
82	
261.35(c)(12)	

	

	
APPENDIX III TO PART 261	

CHEMICAL ANALYSIS TEST METHODS	

remove	
82, 126	
Table 1, Appendix III	

	

	
APPENDIX VII TO PART 261	

BASIS FOR LISTING HAZARDOUS WASTE	

add "F032", "F034", and "F035" to list in alphanumeric order as shown below:	
82	
Appendix VII	

	

	

	

	

	
	
EPA hazardous waste No.	
Hazardous constituents
for which listed	

	
	
*		*		*		*		*		*	

	
	
F032		
Benz(a)anthracene, benzo(a)pyrene, dibenz(a,h)-anthracene, indeno(1,2,3-cd)pyrene, pentachlorophenol, arsenic, chromium, tetra-, penta-, hexa-, heptachlorodibenzo-p-dioxins,  tetra-, penta-, hexa-, heptachlorodibenzofurans.	

	
	
F034		
Benz(a)anthracene, benzo(k)fluoranthene, benzo(a)pyrene, dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene, naphthalene, arsenic, chromium.	

	
	
F035		
Arsenic, chromium, lead.		

	
	
*		*		*		*		*		*	

	

	
APPENDIX VIII TO PART 261	

HAZARDOUS CONSTITUENTS	

add the specified hazardous constituents in alphabetical order as shown below:	
82	
Appendix VIII	

	

	

	

	

	

Common Name	
Chemical abstracts name	
Chemical abstracts
 No.	
Hazardous waste No.	

	

*          *          *          *          *          *          *          *	

	

Benzo(k)fluoranthene		
Same	
207-08-9	
. . . . .	

	

*          *          *          *          *          *          *          *	

	

Heptachlorodibenzofurans	
Heptachlorodibenzo-p-dioxins		
. . . . .
. . . . .	
. . . . .
. . . . .	
 . . . . .
. . . . .	

	

*          *          *          *          *          *          *          *	

	
PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE	

SUBPART C - PRE-TRANSPORT REQUIREMENTS	

,	
ACCUMULATION TIME	

the waste is placed:	
92	
262.34(a)(1) intro	

	

	
in containers and generator complies with Subpart I of Part 265; and/or	
92	
262.34(a)(1)(i)	

	

	
in tanks and generator complies with Subpart J of Part 265, except 265.197(c) and 265.200; and/or	
92	
262.34(a)(1)(ii)	

	

H,	
on drip pads and generator complies with Subpart W of Part 265 and maintains following records:	
82,92	
262.34(a)(1)(iii) intro	

	

H,9	
description of procedures to ensure all wastes are removed from drip pad and associated collection system at least once every 90 days	
82,92	
262.34(a)(1)(iii)(A)	

	

H,9	
documentation of each waste removal, including quantity, date and time of removal; generator exempt from Subparts G and H of Part 265, except 265.111 and 265.114	
82,92	
262.34(a)(1)(iii)(B)	

	

9	
date each period of accumulation begins is marked and visible	
82,92	
262.34(a)(2)	

	

	
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES	

SUBPART J - TANK SYSTEMS	

APPLICABILITY	

add reference to paragraph (c)	
82	
264.190 intro	

	

	
add new paragraph subjecting tanks, sumps and other collection devices used in conjunction with Subpart W-regulated drip pads to Part 264, Subpart J requirements	
82	
264.190(c)	

	

	
SUBPART W - DRIP PADS	

APPLICABILITY	

Subpart W applies to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, and/or surface water run-off to an associated collection system; existing drip pads defined; applicability of 264.573(b)(3) leak collection system requirement	
82,92,120	
264.570(a)	

	

	
owner or operator of certain drip pads inside or under a structure not subject to 264.573(e) or 264.573(f) regulations, as appropriate	
82,92	
264.570(b)	

	

	
Subpart W requirements not applicable to management of infrequent, incidental drippage in storage yards provided:	
120	
264.570(c)	

	

	
owner or operator maintains and complies with a written contingency plan describing how owner or operator will respond immediately to discharge of infrequent and incidental drippage; at a minimum, what the contingency plan must describe	
120	
264.570(c)(1) intro	

	

			
264.570(c)(1)(i)	

	

			
264.570(c)(1)(ii)	

	

			
264.570(c)(1)(iii)	

	

			
264.570(c)(1)(iv)	

	

	
ASSESSMENT OF EXISTING DRIP PAD INTEGRITY	

evaluation of existing drip pads; by June 6, 1991, written assessment obtained and kept on file; annual review, update and recertification required until 264.573 standards are met, except 264.573(b) standards for liners and leak detection systems	
82,92,120	
264.571(a)	

	

,
	
development of written plan for upgrading, repairing and modifying drip pad to meet 264.573(b) requirements; submittal of plan to Regional Administrator no later than 2 years before completion of modifications; written plan documentation, review and certification requirements	
82,92,120	
264.571(b) intro	

	

12	
removed	
82,120	
264.571(b)(1)	

	

			
264.571(b)(2)	

	

			
264.571(b)(3)	

	

	
submittal of required drawings and certification to Regional Administrator or State Director upon completion of all upgrades, repairs, and modifications	
82,92	
264.571(c)	

	

	
if drip pad found to be leaking or unfit for use, compliance with 264.573(m) provisions or close drip pad in accordance with 264.575	
82,92	
264.571(d)	

	

	
DESIGN AND INSTALLATION OF NEW DRIP PADS	

owners and operators of new drip pads must ensure that the pads are designed, installed and operated in accordance with one of the following:	
82,92,120	
264.572 intro	

	

	
all of the requirements of 264.573 (except 264.573(a)(4)), 264.574 and 264.575	
120	
264.572(a)	

	

	
all of the requirements of 264.573 (except 264.573(b)), 264.574 and 264.575	
120	
264.572(b)	

	

13	
DESIGN AND OPERATING REQUIREMENTS	

drip pads must:	
82,92	
264.573(a) intro	

	

	
be constructed of non-earthen materials, excluding wood and non-structurally supported asphalt	
82,92	
264.573(a)(1)	

	

	
be sloped for free-drainage to the associated collection system	
82,92	
264.573(a)(2)	

	

	
have a curb or berm around the perimeter	
82,92	
264.573(a)(3)	

	

,
,
	
hydraulic conductivity requirements; maintain surface free of cracks and gaps; sealing material must be chemically compatible with preservatives that contact pad; requirements apply to existing drip pads and drip pads of owners/operators electing to comply with 264.572(a)	
82,92,120	
264.573(a)(4)(i)	

	

14	
owner or operator must obtain and keep at the facility written assessment of drip pad certified by independent qualified registered engineer; assessment must attest to results of evaluation; assessment must be reviewed, updated and recertified annually; evaluation must document extent to which drip pad meets 264.573 (except 264.573(b)) design and operating standards	
120	
264.573(a)(4)(ii)	

	

	
remove notes regarding administrative stays for new and existing drip pads	
H91,92,H101,120	
264.573(a)(4)/notes	

	

	
be of sufficient structural strength and thickness to meet specified conditions	
82,92	
264.573(a)(5)	

	

	
if owner/operator elects to comply with ' 264.572(b) instead of ' 264.572(a), the drip pad must have:	
82,92,120	
264.573(b) intro	

	

	
a synthetic liner that meets certain design, construction and installation specifications	
82,92	
264.573(b)(1) intro	

	

	
specific requirements for liner construction materials	
82,92	
264.573(b)(1)(i)	

	

	
foundation or base requirements	
82,92	
264.573(b)(1)(ii)	

	

	
liner must cover all surrounding earth that could come into contact with the waste or leakage	
82,92	
264.573(b)(1)(iii)	

	

	
leakage detection system immediately above the liner; detection system must be:	
82,92	
264.573(b)(2) intro	

	

	
constructed of materials that are:	
82,92	
264.573(b)(2)(i) intro	

	

	
chemically resistant to relevant waste and leakage	
82,92	
264.573(b)(2)(i)(A)	

	

	
of sufficient strength and thickness to prevent collapse	
82,92	
264.573(b)(2)(i)(B)	

	

	
designed and operated to function without clogging through the scheduled closure of the drip pad; and	
82,92	
264.573(b)(2)(ii)	

	

	
designed to detect drip pad failure or the release of hazardous waste or accumulated liquid at the earliest practicable time	
82,92	
264.573(b)(2)(iii)	

	

	
leakage collection system immediately above the liner designed, constructed, maintained and operated to collect leakage from below the drip pad; date, time and quantity of leakage collected must be documented in operating log	
120	
264.573(b)(3)	

	

	
maintenance of drip pads; note regarding remedial action	
82,92	
264.573(c)	

	

	
convey, drain, and collect liquid resulting from drippage or precipitation in order to prevent run-off	
82,92	
264.573(d)	

	

	
run-on control system requirements	
82,92	
264.573(e)	

	

	
run-off management system requirements, unless system is protected by a structure, as described in 264.570(b)	
82,92	
264.573(f)	

	

	evaluation of drip pad for compliance with 264.573(a)-(f) requirements; design certification required	
82,92	
264.573(g)	

	

	removal of drippage and accumulated precipitation from associated collection system as necessary to prevent overflow onto the drip pad	
82,92	
264.573(h)	

	

	thorough cleaning of drip pad surface in a manner and frequency to meet specified conditions; documentation of date, time and cleaning procedure in facility's operating log; owner/operator must determine whether residues are hazardous under 262.11 and, if so, manage them according to Parts 261-268, 270 and RCRA '3010	
82,92,120	
264.573(i)	

	

	
minimize tracking of hazardous waste or constituents off the drip pad	
82,92	
264.573(j)	

	

	
after removal from treatment vessel, treated wood from pressure and non-pressure processes must be held on pad until drippage has ceased; documentation required	
82,92	
264.573(k)	

	

	
collection and holding units for run-on and run-off control systems emptied or otherwise managed as soon as possible after storms to maintain design capacity	
82,92	
264.573(l)	

	

	
throughout the active life of the drip pad and as specified in the permit, repair of detected condition that may have caused or has caused a release of hazardous waste within a reasonable period of time, in accordance with the following procedures:	
82,92	
264.573(m) intro	

	

	
upon detection of a condition that may have caused or has caused a release of hazardous waste, the owner must:	
82,92	
264.573(m)(1) intro	

	

	
enter discovery in the facility operating log	
82,92	
264.573(m)(1)(i)	

	

	
immediately remove from service affected portion of drip pad	
82,92	
264.573(m)(1)(ii)	

	

	
determine steps to repair drip pad and clean up any leakage; establish schedule for repairs	
82,92	
264.573(m)(1)(iii)	

	

	
notify Regional Administrator within 24 hours after discovery; provide written notice as specified within 10 working days	
82,92	
264.573(m)(1)(iv)	

	

	
review, determination and notification by Regional Administrator	
82,92	
264.573(m)(2)	

	

	
written notification to Regional Administrator and certification of compliance with 264.573(m)(1)(iv) after repairs and clean up	
82,92	
264.573(m)(3)	

	

	
should a permit be necessary, Regional Administrator will specify in the permit all design and operating practices necessary to ensure that 264.573 requirements are met	
82,92	
264.573(n)	

	

	
documentation in operating log, as specified, of past operating and waste handling practices	
82,92	
264.573(o)	

	

13	
INSPECTIONS	

inspection of liners and cover systems for uniformity, damage and imperfections during construction or installation; inspection and certification of liners to meet 264.573 requirements; maintenance of certification as part of the facility operating record; inspection of liners and covers after installation	
82,92	
264.574(a)	

	

	
drip pad must be inspected weekly and after storms to detect evidence of any of the following:	
82,92	
264.574(b) intro	

	

	
deterioration, malfunctions or improper operation of run-on and run-off control systems	
82,92	
264.574(b)(1)	

	

	
presence of leakage in and proper functioning of leak detection system	
82,92	
264.574(b)(2)	

	

	
deterioration or cracking of drip pad surface; note regarding remedial action	
82,92	
264.574(b)(3)	

	

13	
CLOSURE	

at closure, removal and decontamination requirements; management as hazardous waste	
82,92	
264.575(a)	

	

	
conditions under which owner or operator must close facility and perform post-closure care in accordance with 264.310 requirements; for permitted units, permit requirement continues throughout post-closure period; drip pad is considered a landfill and must meet Subparts G and H requirements of Part 264	
82,92	
264.575(b)	

	

	
owner or operator of an existing drip pad that does not comply with the 264.573(b)(1) liner requirements must:	
82,92	
264.575(c)(1) intro	

	

	
include in closure plans for drip pad under 264.112, a plan for 264.575(a) compliance and a contingent plan for 264.575(b) compliance	
82,92	
264.575(c)(1)(i)	

	

	
prepare a contingent post-closure plan under 264.118 for complying with 264.575(b) in case not all contaminated subsoils can be practicably removed at closure	
82,92	
264.575(c)(1)(ii)	

	

	
cost estimates calculated under 264.112 and 264.144 for closure and post-closure care of drip pad subject to 264.575(c) must include the cost of complying with the contingent closure plan and the contingent post-closure plan; cost of expected closure under 264.575(a) need not be included	
82,92	
264.575(c)(2)	

	

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

SUBPART J - TANK SYSTEMS	

APPLICABILITY	

add reference to paragraph (c)	
82	
265.190 intro	

	

	
add new paragraph subjecting tanks, sumps and other collection devices used in conjunction with Subpart W-regulated drip pads to Part 265, Subpart J requirements	
82	
265.190(c)	

	

	
SUBPART W - DRIP PADS	

APPLICABILITY	

Subpart W applies to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, and/or surface water run-off to an associated collection system; existing drip pads defined; applicability of 265.443(b)(3) leak collection system requirement	
82,92,120	
265.440(a)	

	

	
owner or operator of certain drip pads inside or under a structure not subject to 265.443(e) or 265.443(f) regulations, as appropriate	
82	
265.440(b)	

	

	
Subpart W requirements not applicable to management of infrequent, incidental drippage in storage yards provided:	
120	
265.440(c) intro	

	

	
owner or operator maintains and complies with a written contingency plan describing how owner or operator will respond to discharge of infrequent and incidental drippage; at a minimum, what the contingency plan must describe	
120	
265.440(c)(1) intro	

	

			
265.440(c)(1)(i)	

	

			
265.440(c)(1)(ii)	

	

			
265.440(c)(1)(iii)	

	

			
265.440(c)(1)(iv)	

	

	
ASSESSMENT OF EXISTING DRIP PAD INTEGRITY	

evaluation of existing drip pads; by June 6, 1991, written assessment obtained and kept on file; annual review, update and recertification required until 265.443 standards are met, except for 265.443(b) standards for liners and leak detection systems	
82,120	
265.441(a)	

	

	development of written plan for upgrading, repairing and modifying drip pad to meet 265.443(b) requirements; submittal of plan to Regional Administrator no later than 2 years before completion of modifications; written plan documentation, review and certification requirements	
82,120	
265.441(b) intro	

	

21	
removed	
82,120	
265.441(b)(1)	

	

			
265.441(b)(2)	

	

			
265.441(b)(3)	

	

	submittal of required drawings and certification to Regional Administrator or State Director upon completion of all repairs and modifications	
82	
265.441(c)	

	

	if drip pad found to be leaking or unfit for use, comply with 265.443(m) provisions or close drip pad in accordance with 265.445	
82	
265.441(d)	

	

	
DESIGN AND INSTALLATION OF NEW DRIP PADS	

owners and operators of new drip pads must ensure that the pads are designed, installed and operated in accordance with one of the following:	
82,120	
265.442 intro	

	

	
all of the applicable requirements of 265.443 (except 265.443(a)(4)), 265.444 and 265.445	
120	
265.442(a)	

	

	
all of the applicable requirements of 265.443 (except 265.443(b)), 265.444 and 265.445	
120	
265.442(b)	

	

	
DESIGN AND OPERATING REQUIREMENTS	

drip pads must:	
82	
265.443(a) intro	

	

	
be constructed of non-earthen materials, excluding wood and non-structurally supported asphalt	
82	
265.443(a)(1)	

	

	
be sloped to free-drain wastes to the associated collection system	
82	
265.443(a)(2)	

	

	
have a curb or berm around the perimeter	
82	
265.443(a)(3)	

	

,
	
hydraulic conductivity requirements; maintain surface free of cracks and gaps; surface material must be chemically compatible with preservatives that contact pad; requirements apply to existing drip pads and drip pads of owners/operators electing to comply with 265.442(a)	
82,120	
265.443(a)(4)(i)	

	

22	
owner or operator must obtain and keep at the facility a written assessment of drip pad certified by independent qualified registered engineer; assessment must attest to results of evaluation; assessment must be reviewed, updated and recertified annually; evaluation must document extent to which drip pad meets 265.443 (except 265.443(b)) design and operating standards	
120	
265.443(a)(4)(ii)	

	

	
remove notes regarding administrative stays for new and existing drip pads	
H91,H101,120	
265.443(a)(4)/notes	

	

	
be of sufficient structural strength and thickness to meet specified conditions; note regarding structural integrity standards	
82	
265.443(a)(5)	

	

	
if an owner/operator elects to comply with ' 265.442(b) instead of ' 265.442(a), the drip pad must have:	
82,120	
265.443(b) intro	

	

	
a synthetic liner that meets certain specifications	
82	
265.443(b)(1) intro	

	

	
specific requirements for liner construction materials	
82	
265.443(b)(1)(i)	

	

	
foundation or base requirements	
82	
265.443(b)(1)(ii)	

	

	
liner must cover all surrounding earth that could come into contact with the waste or leakage	
82	
265.443(b)(1)(iii)	

	

	
leakage detection system immediately above the liner; detection system must be:	
82	
265.443(b)(2) intro	

	

	
constructed of materials that are:	
82	
265.443(b)(2)(i) intro	

	

	
chemically resistant to relevant waste and leakage	
82	
265.443(b)(2)(i)(A)	

	

	
of sufficient strength and thickness to prevent collapse	
82	
265.443(b)(2)(i)(B)	

	

	
designed and operated to function without clogging through scheduled drip pad closure	
92	
265.443(b)(2)(ii)	

	

26	
designed to detect the failure of the drip pad or the presence of hazardous waste release or accumulated liquid at the earliest practicable time	
82,92	
265.443(b)(2)(iii)	

	

	
leakage collection system immediately above the liner designed, constructed, maintained and operated to collect leakage from below the drip pad for removal; date, time and quantity of leakage collected must be documented in operating log	
120	
265.443(b)(3)	

	

	
maintenance of drip pads; note regarding remedial action	
82	
265.443(c)	

	

	
convey, drain, and collect liquid resulting from drippage or precipitation in order to prevent run-off	
82	
265.443(d)	

	

	
run-on control system requirements, unless drip pad is protected by a structure, as described in 265.440(b)	
82	
265.443(e)	

	

	
run-off management system requirements, unless drip pad is protected by a structure, as described in 265.440(b)	
82	
265.443(f)	

	

	
evaluation of drip pad for compliance with 265.443(a)-(f) requirements; design certification required	
82	
265.443(g)	

	

	
removal of drippage and accumulated precipitation from associated collection system as necessary to prevent overflow onto the drip pad	
82	
265.443(h)	

	

	
thorough cleaning of drip pad surface in a manner and frequency to meet specified conditions; documentation of date, time and cleaning procedure in facility's operating log	
82,120	
265.443(i)	

	

	
minimize tracking of hazardous waste or constituents off the drip pad	
82	
265.443(j)	

	

	
after removal from treatment vessel, treated wood from pressure and non-pressure processes must be held on pad until drippage has ceased; documentation required	
82	
265.443(k)	

	

	
collection and holding units for run-on and run-off control systems emptied or otherwise managed as soon as possible after storms to maintain design capacity	
82	
265.443(l)	

	

	
throughout the active life of the drip pad and as specified in the permit, repair of detected condition that may have caused or has caused a release of hazardous waste within a reasonable period of time, in accordance with the following procedures:	
82,92	
265.443(m) intro	

	

	
upon detection of a condition that may have caused or has caused a release of hazardous waste, the owner must:	
82,92	
265.443(m)(1) intro	

	

	
entry of discovery in the facility operating log	
82	
265.443(m)(1)(i)	

	

	
immediate removal from service of affected portion of drip pad	
82	
265.443(m)(1)(ii)	

	

	
determination of steps to repair drip pad, remove any leakage, and establish schedule for clean up and repairs	
82	
265.443(m)(1)(iii)	

	

	
notify Regional Administrator within 24 hours after discovery; provide written notice as specified within 10 working days	
82	
265.443(m)(1)(iv)	

	

	
review, determination and notification by Regional Administrator	
82	
265.443(m)(2)	

	

	
written notification to Regional Administrator and certification of compliance with 265.443(m)(1)(iv) after repairs and clean up	
82,92	
265.443(m)(3)	

	

	
documentation in operating log, as specified, of past operating and waste handling practices	
82	
265.443(n)	

	

	
INSPECTIONS	

inspection of liners and cover systems for uniformity, damage and imperfections during construction or installation; inspection and certification of liners to meet 265.443 requirements; maintenance of certification as part of the facility operating record; inspection of liners and covers after installation	
82	
265.444(a)	

	

	
drip pad must be inspected weekly and after storms to detect evidence of any of the following:	
82	
265.444(b) intro	

	

	
deterioration, malfunctions or improper operation of run-on and run-off control systems	
82	
265.444(b)(1)	

	

	
presence of leakage in and proper functioning of leak detection system	
82	
265.444(b)(2)	

	

	
deterioration or cracking of drip pad surface; note regarding remedial action	
82	
265.444(b)(3)	

	

	
CLOSURE	

at closure, removal and decontamination requirements; management as hazardous waste	
82	
265.445(a)	

	

	
closure and post-closure care of drip pad as a landfill under 265.310, if some contaminated subsoils cannot be removed or decontaminated; for permitted units, permit requirement continues throughout post-closure period	
82	
265.445(b)	

	

	owner or operator of an existing drip pad not in compliance with the 265.443(b)(1) liner requirements must:	
82	
265.445(c)(1) intro	

	

	include in the closure plan for the drip pad under 265.112, a plan for 265.445(a) compliance and a contingent plan for 265.445(b) compliance	
82	
265.445(c)(1)(i)	

	

	prepare contingent post-closure plan under 265.118 for complying with 265.445(b) in case not all contaminated subsoils can be practicably removed at closure	
82	
265.445(c)(1)(ii)	

	

	
cost estimates calculated under 265.112 and 265.144 for closure and post-closure care of drip pad subject to 265.445(c) must include cost of complying with contingent closure plan and contingent post-closure plan; cost of expected closure under 265.445(a) need not be included	
82	
265.445(c)(2)	

	

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

SUBPART B - PERMIT APPLICATION	

SPECIAL PART B INFORMATION REQUIREMENTS FOR DRIP PADS	

additional information to be provided by owners and operators of hazardous waste treatment, storage, or disposal facilities that collect, store, or treat hazardous waste on drip pads, except as otherwise provided by 264.1	
82	
270.26 intro	

	

	
list of hazardous wastes placed or to be placed on each drip pad	
82	
270.26(a)	

	

	
detailed plans and an engineering report describing how 264.90(b)(2) will be met, if an exemption is sought to Subpart F of Part 264	
82	
270.26(b)	

	

	
detailed plans and an engineering report describing the design, construction, operation and maintenance of drip pad to meet 264.573 requirements; submission must address 264.571 items	
82,92	
270.26(c) intro	

	

	
design characteristics of the drip pad	
82	
270.26(c)(1)	

	

	
liner system	
82	
270.26(c)(2)	

	

	
leakage detection system	
82	
270.26(c)(3)	

	

	
practices designed to maintain drip pads	
82	
270.26(c)(4)	

	

	
associated collection system	
82	
270.26(c)(5)	

	

	
control of run-on to the drip pad	
82	
270.26(c)(6)	

	

	
control of run-off from the drip pad	
82	
270.26(c)(7)	

	

	
removal intervals and demonstration of sufficiency to prevent overflow	
82	
270.26(c)(8)	

	

	
procedures for cleaning drip pad at least once every seven days; provisions for documentation of date, time and cleaning procedure	
82	
270.26(c)(9)	

	

	
operating practices and procedures to minimize tracking of hazardous waste or waste constituents off the drip pad	
82	
270.26(c)(10)	

	

	
procedures for ensuring that treated wood from pressure and non-pressure processes is held on the drip pad until drippage has ceased; recordkeeping practices	
82	
270.26(c)(11)	

	

	
provisions for ensuring that collection and holding units for run-on and run-off control systems are emptied or managed as soon as possible after storms to maintain design capacity	
82	
270.26(c)(12)	

	

	
if treatment is carried out on the drip pad, details of process equipment used, and the nature and quality of residuals	
82	
270.26(c)(13)	

	

	
description of drip pad inspections to meet 264.573 requirements; include in 270.14(b)(5) inspection plan	
82,92	
270.26(c)(14)	

	

	
certification that drip pad design meets 264.573(a)-(f) requirements	
82,92	
270.26(c)(15)	

	

	
description of removal procedures at closure under 264.575(a); for waste not removed at closure, submittal of detailed plan and engineering report to describe compliance with 264.310(a) and (b); information should be included in closure plan and, where applicable, 270.14(b)(13) post-closure plan	
82,92	
270.26(c)(16)