CONSOLIDATED CHECKLIST C5
	Part 2 of 5 parts

	Standards for Owners and Operators of Hazardous Waste Treatment,
	Storage, and Disposal Facilities
	40 CFR Part 264, Subparts H-J, as of December 31, 2002

Notes:  
1)  Consolidated Checklist C5 is divided into five separate documents/computer files solely for ease of handling its printed and electronic versions.  Consolidated Checklist C5 remains one checklist; States must adopt all five portions simultaneously to correctly use this Consolidated Checklist.  Note, the prenotes and endnotes associated with each part have been placed with the part to which they apply.

2)  Several sections of Part 264, Subpart H, were revised by the September 1, 1988 final rule (53 FR 33938, withheld Revision Checklist 51), titled "Standards Applicable to Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities; Liability Coverage."  Subsequently, the September 1, 1988 final rule was amended by the July 1, 1991 (56 FR 30200, withheld Revision Checklist 93) and the September 16, 1992 (57 FR 42832) final rules.  The September 1, 1988 final rule was the subject of litigation and its checklist, Revision Checklist 51, was withheld by EPA to encourage States not to adopt those changes until a final settlement agreement could be reached and implemented.  The July 1, 1991 and September 16, 1992 rules were promulgated to make the revisions mandated by the settlement agreement.  Now that all the requirements of the settlement agreement have been met, the changes addressed by the three rules are included in this version of Consolidated Checklist C5 as Revision Checklist 113.

Revision Checklist 113 is a Consolidated Liability Requirements Checklist that incorporates the September 1, 1988; July 1, 1991; and September 16, 1992 rules.  In this version of Consolidated Checklist C5, reference to "113" in the "rule reference" column will signify the Consolidated Liability Requirements as addressed by Revision Checklist 113.  There are several instances where multiple rules affected the same sections of code.  In some cases, the changes made by one rule may be optional while the changes addressed by a second rule to the same section of code is required.  States should refer to Revision Checklist 113 for detailed information to identify which specific rules affected each citation addressing liability requirements.

Note that the September 16, 1992 rule (57 FR 42832) modified the claims reporting requirements (264.147(a)(7)&(b)(7) and 265.147(a)(7)&(b)(7)) and they are less stringent than the claim reporting requirements promulgated in the September 1, 1988 rule (53 FR 33938).  Thus, States which have already adopted the September 1, 1988 provisions are not required to adopt the "clarified" reporting requirements of the September 16, 1992 rule, although EPA strongly encourages them to do so.  States that have not adopted the September 1, 1988 claims reporting requirements should not do so but should, instead, adopt the clarified September 16, 1992 version included in the 1993 CFR.

Note: No final rules affecting 40 CFR Part 264, Subparts H-J were promulgated between June 30, 2002 and December 31, 2002, therefore, this Consolidated Checklist corresponds to 40 CFR Part 264, Subparts H-J as published on July 1, 2002.

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

SUBPART H - FINANCIAL REQUIREMENTS	

APPLICABILITY	

264.142, 264.143, 264.147-264.151 requirements; exceptions	
IV A	
264.140(a)	

	

	
264.144 and 264.145 requirements apply to:	
IV A	
264.140(b)	

	

	
disposal facilities	
IV A,109	
264.140(b)(1)	

	

	
waste piles and surface impoundments	
IV A,109	
264.140(b)(2)	

	

	
tank systems	
28,109	
264.140(b)(3)	

	

	
containment buildings that are required under 264.1102 to meet the requirements for landfills	
109	
264.140(b)(4)	

	

	
State and Federal government exemptions	
IV A	
264.140(c)	

	

H	
Regional Administrator may replace part 264 Subpart H requirements with alternative requirements for financial assurance in permit or enforceable document, where Regional Administrator :	
174	
264.140(d)	

	

H,	
prescribes alternative requirements under 264.90(f) and/or 264.110(c); and	
174	
264.140(d)(1)	

	

H	
determines it is not necessary to apply part 264 Subpart H requirements because alternative requirements will protect human health and  environment	
174	
264.140(d)(2)	

	

	
DEFINITION OF TERMS AS USED IN THIS SUBPART	

"closure plan"	
IV A	
264.141(a)	

	

	
"current closure cost estimate"	
IV A	
264.141(b)	

	

	
"current post-closure cost estimate"	
IV A	
264.141(c)	

	

	
"parent corporation"	
IV A	
264.141(d)	

	

	
"post-closure plan"	
IV A	
264.141(e)	

	

	
terms used in financial tests	
IV A	
264.141(f)(intro)	

	

	
"assets"	
IV A	
264.141(f)	

	

	
"current assets"	
IV A	
264.141(f)	

	

	
"current liabilities"	
IV A	
264.141(f)	

	

	
"current plugging and abandonment cost estimate"	
24	
264.141(f)	

	

	
"independently audited"	
IV A	
264.141(f)	

	

	
"liabilities"	
IV A	
264.141(f)	

	

	
"net working capital"	
IV A	
264.141(f)	

	

	
"net worth"	
IV A	
264.141(f)	

	

	
"tangible net worth"	
IV A	
264.141(f)	

	

	
introduction to definitions relating to liability insurance, bodily injury, and property damage	
IV A	
264.141(g)(intro)	

	

	
"accidental occurrence"	
IV A	
264.141(g)	

	

	
"legal defense costs"	
IV A	
264.141(g)	

	

	
"nonsudden accidental occurrence"	
IV A	
264.141(g)	

	

	
"sudden accidental occurrence"	
IV A	
264.141(g)	

	

H	
"substantial business relationship"	
113	
264.141(h)	

	

	
COST ESTIMATE FOR CLOSURE	

owner or operator must have written cost estimate	
IV A,24,45,109	
264.142(a)	

	

	
equal to cost of final closure	
24	
264.142(a)(1)	

	

	
based on costs of hiring third party	
24	
264.142(a)(2)	

	

	
no incorporation of salvage value	
24,H64	
264.142(a)(3)	

	

	
no incorporation of zero cost	
24,H64	
264.142(a)(4)	

	

	
adjust closure cost estimate for inflation	
IV A,24	
264.142(b)	

	

	
first adjustment	
IV A	
264.142(b)(1)	

	

	
subsequent adjustments	
IV A	
264.142(b)(2)	

	

	
revised closure cost estimate	
IV A,24	
264.142(c)	

	

	
cost estimates to be kept at facility	
IV A	
264.142(d)	

	

	
FINANCIAL ASSURANCE FOR CLOSURE	

options to establish financial assurance	
*	
264.143	

	

	
closure trust fund; requirements; trustee must have authority	
IV A	
264.143(a)(1)	

	

	
wording identical to 264.151(a)(1); Schedule A update	
IV A	
264.143(a)(2)	

	

	
annual payments; "pay-in period"	
IV A	
264.143(a)(3)	

	

	
first payment for new facility; subsequent payments	
IV A	
264.143(a)(3)(i)	

	

	
payments for permitted facility	
IV A	
264.143(a)(3)(ii)	

	

	
accelerated payments	
IV A	
264.143(a)(4)	

	

	
payments if previous use of alternate mechanisms	
IV A	
264.143(a)(5)	

	

	
compare new estimate to trust fund	
IV A	
264.143(a)(6)	

	

	
release of excess amount	
IV A	
264.143(a)(7)	

	

	
substitution of other financial assurance	
IV A	
264.143(a)(8)	

	

	
timing of release of funds	
IV A	
264.143(a)(9)	

	

	
reimbursement for closure activities	
IV A,24	
264.143(a)(10)	

	

	
termination of trust if alternate financial assurance or release from 264.143 requirements	
IV A	
264.143(a)(11)	

	

			
264.143(a)(11)(i)	

	

			
264.143(a)(11)(ii)	

	

	
surety bond guaranteeing payment into a closure trust fund; requirements; obtain from an acceptable surety company	
IV A	
264.143(b)(1)	

	

	
wording identical to 264.151(b)	
IV A	
264.143(b)(2)	

	

	
establish standby trust fund	
IV A	
264.143(b)(3)	

	

	
trust agreement submitted with surety bond	
IV A	
264.143(b)(3)(i)	

	

	
until standby trust fund is funded, following not required:	
IV A	
264.143(b)(3)(ii)	

	

	
payments into trust fund	
IV A	
264.143(b)(3)(ii)(A)	

	

	
Schedule A update	
IV A	
264.143(b)(3)(ii)(B)	

	

	
annual valuations	
IV A	
264.143(b)(3)(ii)(C)	

	

	
notices of nonpayment	
IV A	
264.143(b)(3)(ii)(D)	

	

	
surety bond guarantees:	
IV A	
264.143(b)(4)	

	

	
funding of standby trust fund	
IV A	
264.143(b)(4)(i)	

	

	
fund equal to penal sum within 15 days of administrative or judicial order	
IV A,24	
264.143(b)(4)(ii)	

	

	
alternate financial assurance following notice of cancellation	
IV A	
264.143(b)(4)(iii)	

	

	
when surety becomes liable	
IV A	
264.143(b)(5)	

	

	
penal sum equal to current cost estimate	
IV A	
264.143(b)(6)	

	

	
penal sum increase or decrease	
IV A	
264.143(b)(7)	

	

	
surety may cancel bond after 120 days	
IV A	
264.143(b)(8)	

	

	
owner or operator may cancel bond if written consent	
IV A	
264.143(b)(9)	

	

	
surety bond guaranteeing performance of closure; requirements; obtain from acceptable surety company	
IV A	
264.143(c)(1)	

	

	
wording identical to 264.151(c)	
IV A	
264.143(c)(2)	

	

	
establish standby trust fund	
IV A	
264.143(c)(3)	

	

	
trust agreement submitted with surety bond	
IV A	
264.143(c)(3)(i)	

	

	
unless standby trust fund is funded, the following not required:	
IV A	
264.143(c)(3)(ii)	

	

	
payments to trust fund	
IV A	
264.143(c)(3)(ii)(A)	

	

	
Schedule A update	
IV A	
264.143(c)(3)(ii)(B)	

	

	
annual valuations	
IV A	
264.143(c)(3)(ii)(C)	

	

	
notices of nonpayment	
IV A	
264.143(c)(3)(ii)(D)	

	

	
what the bond must guarantee	
IV A	
264.143(c)(4)	

	

			
264.143(c)(4)(i)	

	

			
264.143(c)(4)(ii)	

	

	
surety will become liable when owner/operator fails to perform as bond guarantees; following final Administrative Order perform final closure or deposit penal sum in standby trust fund	
IV A,24	
264.143(c)(5)	

	

	
amount of penal sum	
IV A	
264.143(c)(6)	

	

	
if current closure cost estimate increases to an amount greater than penal sum, then increase penal sum within 60 days	
IV A	
264.143(c)(7)	

	

	
surety may cancel bond; procedures	
IV A	
264.143(c)(8)	

	

	
owner or operator may cancel bond if Regional Administrator consents in writing; conditions	
IV A	
264.143(c)(9)	

	

			
264.143(c)(9)(i)	

	

			
264.143(c)(9)(ii)	

	

	
surety not liable for deficiencies in closure performance after Regional Administrator releases owner or operator from requiring 264.143	
IV A	
264.143(c)(10)	

	

	
closure letter of credit; when letter must be submitted to Regional Administrator; conditions of letter and who can issue it	
IV A	
264.143(d)(1)	

	

	
wording identical to 264.151(d)	
IV A	
264.143(d)(2)	

	

	
establish standby trust fund; meets requirements of 264.143(a) except:	
IV A	
264.143(d)(3)	

	

	
originally signed duplicate to Regional Administrator with letter of credit	
IV A	
264.143(d)(3)(i)	

	

	
unless standby trust fund is funded, the following are not required:	
IV A	
264.143(d)(3)(ii)	

	

	
payments into trust fund	
IV A	
264.143(d)(3)(ii)(A)	

	

	
Schedule A update	
IV A	
264.143(d)(3)(ii)(B)	

	

	
annual valuations	
IV A	
264.143(d)(3)(ii)(C)	

	

	
notices of nonpayment	
IV A	
264.143(d)(3)(ii)(D)	

	

	
letter of credit accompanied by letter from owner/operator; information it must contain	
IV A	
264.143(d)(4)	

	

	
terms of letter of credit	
IV A	
264.143(d)(5)	

	

	
issued in amount equal to current closure cost estimate except as provided in 264.143(g)	
IV A	
264.143(d)(6)	

	

	
if current closure cost estimate increases to an amount greater than credit amount, then must increase credit amount within 60 days; actions when closure costs decrease	
IV A	
264.143(d)(7)	

	

	
after final RCRA 3008 determination, Regional Administrator may draw on letter of credit	
IV A,24	
264.143(d)(8)	

	

	
if no alternate financial assurance, Regional Administrator can draw on letter of credit; procedures for doing so	
IV A	
264.143(d)(9)	

	

	
conditions under which the Regional Administrator will return the letter of credit for termination	
IV A	
264.143(d)(10)	

	

			
264.143(d)(10)(i)	

	

			
264.143(d)(10)(ii)	

	

	
closure insurance must conform to 264.143(e) requirements; submit certificate to Regional Administrator; insurer requirements	
IV A	
264.143(e)(1)	

	

	
identical to 264.151(e) wording	
IV A	
264.143(e)(2)	

	

	
amount of insurance policy	
IV A	
264.143(e)(3)	

	

	
what the policy must guarantee	
IV A	
264.143(e)(4)	

	

	
owner/operator may request reimbursements; conditions for; procedures of Regional Administrator if maximum closure cost is greater than face value of policy	
IV A,24	
264.143(e)(5)	

	

	
policy must be in full force until Regional Administrator consents to termination; violations	
IV A	
264.143(e)(6)	

	

	
assignment of policy to successor	
IV A	
264.143(e)(7)	

	

	
insurer cannot 
terminate except for failure to pay; renewal; procedures if failure to pay	
IV A	
264.143(e)(8)	

	

	
conditions that policy will remain in full force and effect in the event that the listed circumstances occur	
IV A	
264.143(e)(8)(i)	

	

			
264.143(e)(8)(ii)	

	

			
264.143(e)(8)(iii)	

	

			
264.143(e)(8)(iv)	

	

			
264.143(e)(8)(v)	

	

	
owner/operator responsibilities and procedures when current closure cost estimate increases/decreases to an amount greater/less than face amount of policy	
IV A	
264.143(e)(9)	

	

	
conditions under which Regional Administrator will allow termination of policy	
IV A	
264.143(e)(10)	

	

			
264.143(e)(10)(i)						
			
264.143(e)(10)(ii)						

financial test and corporate guarantee for closure; owner/operator must satisfy 264.143(f)(1)(i) or (ii) requirements to pass financial test	
IV A	
264.143(f)(1)	

	

	
what owner/operator must have:	
IV A	
264.143(f)(1)(i)	

	

	
two of three specified financial ratios	
IV A	
264.143(f)(1)(i)(A)	

	

	
net working capital and tangible net worth relative to closure/post-closure estimates	
IV A,24	
264.143(f)(1)(i)(B)	

	

	
tangible net worth of at least $10 million	
IV A	
264.143(f)(1)(i)(C)	

	

	
90% of assets in U.S.	
IV A,24	
264.143(f)(1)(i)(D)	

	

	
what owner/operator must have:	
IV A	
264.143(f)(1)(ii)	

	

	
bond rating	
IV A	
264.143(f)(1)(ii)(A)	

	

	
tangible net worth at six times sum of closure/post-closure cost estimates	
IV A,24	
264.143(f)(1)(ii)(B)	

	

	
tangible net worth at least $10 million	
IV A	
264.143(f)(1)(ii)(C)	

	

	
90% of assets in U.S.	
IV A,24	
264.143(f)(1)(ii)(D)	

	

	
definitions of "current closure and post-closure cost estimates" and "current plugging and abandonment cost estimates"	
IV A,24	
264.143(f)(2)	

	

	
what the owner/operator must submit to the Regional Administrator to demonstrate he meets the financial test	
IV A	
264.143(f)(3)	

	

			
264.143(f)(3)(i)	

	

			
264.143(f)(3)(ii)	

	

			
264.143(f)(3)(iii)	

	

			
264.143(f)(3)(iii)(A)	

	

			
264.143(f)(3)(iii)(B)	

	

	
when 264.143(f)(3) items must be submitted	
IV A	
264.143(f)(4)	

	

	
updates at close of each fiscal year	
IV A	
264.143(f)(5)	

	

	
owner/operator responsibilities if no longer meets 264.143(f)(1) requirements	
IV A	
264.143(f)(6)	

	

	
what Regional Administrator may do if suspects owner/operator no longer meets 264.143(f)(1)	
IV A	
264.143(f)(7)	

	

	
when Regional Administrator may disallow test	
IV A	
264.143(f)(8)	

	

									

	
when 264.143(f)(3) items no longer need to be submitted	
IV A	
264.143(f)(9)	

	

			
264.143(f)(9)(i)	

	

			
264.143(f)(9)(ii)	

	

	
requirement may be met by corporate guarantee; conditions which guarantor and guarantee must meet	
IV A,H113	
264.143(f)(10)	

	

	
what the terms of the corporate guarantee must provide	
IV A	
264.143(f)(10)(i)	

	

			
264.143(f)(10)(ii)	

	

			
264.143(f)(10)(iii)	

	

	
use of multiple financial mechanisms; conditions which must be met	
IV A	
264.143(g)	

	

	
use of financial mechanism for multiple facilities; conditions which must be met	
IV A	
264.143(h)	

	

	
release of owner/operator from the requirements of 264.143	
IV A,24	
264.143(i)	

	

	
COST ESTIMATE FOR POST-CLOSURE CARE	

detailed written estimate, in current dollars, of annual cost of post-closure monitoring and maintenance	
IV A,24,
45	
264.144(a)	

	

	
post-closure cost estimate based on hiring third party to conduct care	
IV A,24	
264.144(a)(1)	

	

	
calculation of estimate	
IV A,24	
264.144(a)(2)	

	

	
adjust for inflation; specifications on when this must be done; inflation factor	
IV A,24	
264.144(b)	

	

	
first adjustment	
IV A	
264.144(b)(1)	

	

	
subsequent adjustments	
IV A	
264.144(b)(2)	

	

	
revise post-closure care estimate when post-closure plan changes	
IV A,24	
264.144(c)	

	

	
what must be kept at facility	
IV A	
264.144(d)	

	

	
FINANCIAL ASSURANCE FOR POST-CLOSURE CARE	

deadline for obtaining financial assurance; options from which owner/operator may choose	
*,24	
264.145	

	

	
post-closure trust fund; requirements which trust and trustee must meet; submit to Regional Administrator	
IV A	
264.145(a)(1)	

	

	
trust must have wording identical to that specified in 264.151(a)(1); formal certification of acknowledgment; Schedule A	
IV A	
264.145(a)(2)	

	

	
annual payments; procedures and formulas for determining	
IV A	
264.145(a)(3)	

	

			
264.145(a)(3)(i)	

	

			
264.145(a)(3)(ii)	

	

	
the value at which fund must be maintained	
IV A	
264.145(a)(4)	

	

	
first payment of post-closure trust fund after another mechanism was used	
IV A	
264.145(a)(5)	

	

	
after pay-in period, what must be done if fund value is less than new estimate	
IV A	
264.145(a)(6)	

	

	
written request to Regional Administrator for release of excess in fund	
IV A	
264.145(a)(7)	

	

	
other financial procedure if substitute assurance for all or part of fund	
IV A	
264.145(a)(8)	

	

	
within 60 days after request for fund release, Regional Administrator will instruct trustee to do so	
IV A	
264.145(a)(9)	

	

	
fund release during post-closure	
IV A	
264.145(a)(10)	

	

	
reimbursement for post-closure care expenditures	
IV A,24	
264.145(a)(11)	

	

	
conditions under which a Regional Administrator will terminate a trust	
IV A	
264.145(a)(12)	

	

			
264.145(a)(12)(i)	

	

			
264.145(a)(12)(ii)	

	

	
surety bond guaranteeing payment into a post-closure fund; specific conditions which surety and company issuing surety must meet	
IV A	
264.145(b)(1)	

	

	
surety bond wording must be identical to that specified in 264.151(b)	
IV A	
264.145(b)(2)	

	

	
establish a standby trust; trust must meet 264.145(a) requirements except:	
IV A	
264.145(b)(3)	

	

	
originally signed duplicate to Regional Administrator	
IV A	
264.145(b)(3)(i)	

	

	
until standby trust is funded, specific requirements that are not required	
IV A	
264.145(b)(3)(ii)	

	

			
264.145(b)(3)(ii)(A)	

	

			
264.145(b)(3)(ii)(B)	

	

			
264.145(b)(3)(ii)(C)	

	

			
264.145(b)(3)(ii)(D)	

	

	
the bond must guarantee that the owner/operator will do the following:	
IV A	
264.145(b)(4)	

	

	
fund the standby trust equal to penal sum before begin final closure	
IV A	
264.145(b)(4)(i)	

	

	
fund standby trust fund equal to penal sum within 15 days of order to close	
IV A,24	
264.145(b)(4)(ii)	

	

	
provide alternate financial assurance	
IV A	
264.145(b)(4)(iii)	

	

	
when surety becomes liable	
IV A	
264.145(b)(5)	

	

	
what penal sum must be equal to	
IV A	
264.145(b)(6)	

	

	
adjustment to penal sum due to post-closure cost estimate increase/decrease	
IV A	
264.145(b)(7)	

	

	
conditions under which surety may cancel bond	
IV A	
264.145(b)(8)	

	

	
conditions under which owner or operator may cancel bond	
IV A	
264.145(b)(9)	

	

	
surety bond guaranteeing performance of post-closure care	
IV A	
264.145(c)	

	

	
conditions surety bond and surety company must meet	
IV A	
264.145(c)(1)	

	

	
identical wording to 264.151(c)	
IV A	
264.145(c)(2)	

	

	
establish standby trust fund; meet 264.145(a) requirements except:	
IV A	
264.145(c)(3)	

	

	
originals and duplicate of trust agreement to Regional Administrator	
IV A	
264.145(c)(3)(i)	

	

	
unless standby trust fund is funded according to section requirements, specific procedures that are not required	
IV A	
264.145(c)(3)(ii)	

	

			
264.145(c)(3)(ii)(A)	

	

			
264.145(c)(3)(ii)(B)	

	

			
264.145(c)(3)(ii)(C)	

	

			
264.145(c)(3)(ii)(D)	

	

	
what the bond must guarantee	
IV A	
264.145(c)(4)	

	

			
264.145(c)(4)(i)	

	

			
264.145(c)(4)(ii)	

	

	
when the surety becomes liable; keyed to final administrative 3008 determination	
IV A,24	
264.145(c)(5)	

	

	
what penal sum must be equal to	
IV A	
264.145(c)(6)	

	

	
adjustments to penal sum due to post-closure cost estimate increase/decrease	
IV A	
264.145(c)(7)	

	

	
approval of decrease in penal sum	
IV A	
264.145(c)(8)	

	

	
conditions under which surety may cancel bond	
IV A	
264.145(c)(9)	

	

	
conditions under which owner or operator may cancel bond	
IV A	
264.145(c)(10)	

	

			
264.145(c)(10)(i)	

	

			
264.145(c)(10)(ii)	

	

	
what the surety is not liable for	
IV A	
264.145(c)(11)	

	

	
post-closure letter of credit	
IV A	
264.145(d)	

	

	
conditions the letter of credit and its issuing institution must meet	
IV A	
264.145(d)(1)	

	

	
identical wording to that specified in 264.151(d)	
IV A	
264.145(d)(2)	

	

	
establish standby trust fund; meet 264.145(a) conditions, except:	
IV A	
264.145(d)(3)	

	

	
originally signed duplicate of trust agreement to Regional Administrator	
IV A	
264.145(d)(3)(i)	

	

	
unless standby trust fund is funded, specific items not required	
IV A	
264.145(d)(3)(ii)	

	

			
264.145(d)(3)(ii)(A)	

	

			
264.145(d)(3)(ii)(B)	

	

			
264.145(d)(3)(ii)(C)	

	

			
264.145(d)(3)(ii)(D)	

	

	
letter of credit must be accompanied by letter; what letter must contain	
IV A	
264.145(d)(4)	

	

	
terms of letter of credit	
IV A	
264.145(d)(5)	

	

	
amount of letter of credit	
IV A	
264.145(d)(6)	

	

	
adjustments to amount of credit due to increase/decrease in post-closure cost estimate	
IV A	
264.145(d)(7)	

	

	
conditions under which amount of letter of credit can be decreased	
IV A,24	
264.145(d)(8)	

	

	
after final 3008 administrative determination, Regional Administrator may draw on credit	
IV A,24	
264.145(d)(9)	

	

	
when the Regional Administrator can draw on letter of credit	
IV A	
264.145(d)(10)	

	

	
termination of letter of credit	
IV A	
264.145(d)(11)	

	

			
264.145(d)(11)(i)	

	

			
264.145(d)(11)(ii)	

	

	
post-closure insurance; conditions the insurance and the insurer must meet	
IV A	
264.145(e)(1)	

	

	
wording identical to wording specified in 264.151(e)	
IV A	
264.145(e)(2)	

	

	
"face amount" policy must be issued for	
IV A	
264.145(e)(3)	

	

	
what policy must guarantee	
IV A	
264.145(e)(4)	

	

	
request for reimbursement; procedures for reimbursement	
IV A,24	
264.145(e)(5)	

	

	
maintain policy in full force until Regional Administrator consents to terminate; failure to pay	
IV A	
264.145(e)(6)	

	

	
assignment of policy to successor	
IV A	
264.145(e)(7)	

	

	
excepting failure to pay, policy must provide that insurer may not cancel, terminate or fail to renew; conditions under which policy remains in full force following date of expiration	
IV A	
264.145(e)(8)	

	

			
264.145(e)(8)(i)	

	

			
264.145(e)(8)(ii)	

	

			
264.145(e)(8)(iii)	

	

			
264.145(e)(8)(iv)	

	

			
264.145(e)(8)(v)	

	

	
adjustments to face amount due to increase/decrease in post-closure cost estimates	
IV A	
264.145(e)(9)	

	

	
annual increase of face amount	
IV A	
264.145(e)(10)	

	

	
conditions under which insurance policy may be terminated	
IV A	
264.145(e)(11)	

	

			
264.145(e)(11)(i)	

	

			
264.145(e)(11)(ii)	

	

	
financial test and corporate guarantee for post-closure care; pass financial test; criteria for passing test	
IV A	
264.145(f)(1)	

	

	
specific criteria:	
IV A	
264.145(f)(1)(i)	

	

	
have two of the three specified ratios	
IV A	
264.145(f)(1)(i)(A)	

	

	
net working capital and tangible net worth at least six times sum of current closure/post-closure cost estimates and plugging/abandonment cost estimates	
IV A,24	
264.145(f)(1)(i)(B)	

	

	
tangible net worth at lest $10 million	
IV A	
264.145(f)(1)(i)(C)	

	

	
90% of assets in U.S. or six times sum of current closure/post-closure cost estimate and current plugging/abandonment costs	
IV A,24	
264.145(f)(1)(i)(D)	

	

	
owner or operator must have:	
IV A	
264.145(f)(1)(ii)	

	

	
a specified bond rating	
IV A	
264.145(f)(1)(ii)(A)	

	

	
tangible net worth six times sum of current closure/post-closure cost estimates and plugging/abandonment cost estimates	
IV A,24	
264.145(f)(1)(ii)(B)	

	

	
tangible net worth of at least $10 million	
IV A	
264.145(f)(1)(ii)(C)	

	

	
90% of assets in U.S. or six times sum of current closure/post-closure cost estimate and current plugging/abandonment costs	
IV A,24	
264.145(f)(1)(ii)(D)	

	

	
definition of "current closure and post-closure cost estimates" and "current plugging and abandonment cost estimates"	
IV A,24	
264.145(f)(2)	

	

	
to demonstrate meets 264.145(f)(1) test, items which must be submitted to Regional Administrator	
IV A	
264.145(f)(3)	

	

			
264.145(f)(3)(i)	

	

			
264.145(f)(3)(ii)	

	

			
264.145(f)(3)(iii)	

	

			
264.145(f)(3)(iii)(A)	

	

			
264.145(f)(3)(iii)(B)	

	

	
when items must be submitted	
IV A	
264.145(f)(4)	

	

	
when updated information must be submitted	
IV A	
264.145(f)(5)	

	

	responsibilities when 264.145(f)(1) requirements are no longer met	
IV A	
264.145(f)(6)	

	

	Regional Administrator's actions when suspects owner/operator no longer meets 264.145(f)(1)	
IV A	
264.145(f)(7)	

	

	when Regional Administrator may disallow use of test	
IV A	
264.145(f)(8)	

	

	when Regional Administrator may approve decrease in current post-closure cost estimates	
IV A	
264.145(f)(9)	

	

	specific conditions under which 264.145(f)(3) items no longer need to be submitted	
IV A	
264.145(f)(10)	

	

			
264.145(f)(10)(i)	

	

			
264.145(f)(10)(ii)	

	

	guarantee may meet 264.145 requirements; conditions guarantee must meet	
IV A,H113	
264.145(f)(11)	

	

		
IV A	
264.145(f)(11)(i)	

	

			
264.145(f)(11)(ii)	

	

			
264.145(f)(11)(iii)	

	

	
use of multiple financial mechanisms	
IV A	
264.145(g)	

	

	
use of financial mechanism for multiple facilities	
IV A	
264.145(h)	

	

	
release of the owner or operator from the requirements of 264.145	
IV A,24	
264.145(i)	

	

	
USE OF A MECHANISM FOR FINANCIAL ASSURANCE OF BOTH CLOSURE AND POST-CLOSURE CARE	

financial assurance requirements for both closure and post-closure can be met by specific types of mechanisms which meet 264.143 and 264.145 specifications; amount of funds which must be available	
IV A	
264.146	

	

	
LIABILITY REQUIREMENTS	

coverage for sudden accidental occurrences; ways liability insurance may be demonstrated	
IV A,H113	
264.147(a)	

	

	
liability insurance meeting the following:	
IV A	
264.147(a)(1)	

	

	
attachment of Hazardous Waste Facility Liability Endorsement or Certificate of Liability Insurance; required wording; submittal of signed duplicate original	
IV A	
264.147(a)(1)(i)	

	

	
minimum requirements insurer must meet	
IV A	
264.147(a)(1)(ii)	

	

	
meet financial test or use guarantee for liability coverage as specified in 264.147(f)&(g)	
IV A,H27,113	
264.147(a)(2)	

	

	
requirements may be met by obtaining letter of credit for liability coverage	
IV A,H27,H113	
264.147(a)(3)	

	

H	
requirements may be met by obtaining surety bond for liability coverage	
113	
264.147(a)(4)	

	

H	
requirements may be met by obtaining trust fund for liability coverage	
113	
264.147(a)(5)	

	

H	
liability coverage may be demonstrated by combination of financial mechanisms; amount of coverage must total at least the minimum amounts required by 264.147; specification of "primary" and "excess" coverage	
113	
264.147(a)(6)	

	

	
notify Regional Administrator in writing whenever:	
113	
264.147(a)(7)	

	

5	
claims reduce amount of financial assurance for liability coverage	
113	
264.147(a)(7)(i)	

	

5	
Certification of Valid Claim for bodily injury or property damages caused by sudden or non-sudden accidental occurrence is entered between the owner or operator and a third- party claimant	
113	
264.147(a)(7)(ii)	

	

5	
final court order establishing judgment for bodily injury or property damage caused by sudden or non-sudden accidental occurrence is issued against the owner or operator or an instrument providing financial assurance	
113	
264.147(a)(7)(iii)	

	

4,
	
coverage for nonsudden accidental occurrences; ways coverage may be demonstrated	
IV A,45,113	
264.147(b)	

	

	
demonstrate by having liability insurance with the following requirements:	
IV A	
264.147(b)(1)	

	

	
attachment of Hazardous Waste Facility Liability Endorsement or Certificate of Liability Insurance; required wording; submittal of signed duplicate original	
IV A	
264.147(b)(1)(i)	

	

	
minimum requirements for insurer	
IV A	
264.147(b)(1)(ii)	

	

	
pass financial test or use guarantee for liability coverage as specified in 264.147(f)&(g)	
IV A,H27,H113	
264.147(b)(2)	

	

	
requirements may be met by obtaining letter of credit for liability coverage	
IV A,H27,H113	
264.147(b)(3)	

	

	
requirements may be met by obtaining surety bond for liability coverage	
IV A,H113	
264.147(b)(4)	

	

H	
requirements may be met by obtaining trust fund for liability coverage	
113	
264.147(b)(5)	

	

H	
liability coverage may be demonstrated by combination of mechanisms; amount of coverage must total at least the minimum amount required by 264.147; specification of "primary" and "excess" coverage	
113	
264.147(b)(6)	

	

5	
notify Regional Administrator in writing whenever:	
113	
264.147(b)(7)	

	

5	
claims reduce amount of financial assurance for liability coverage	
113	
264.147(b)(7)(i)	

	

5	
Certification of Valid Claim for bodily injury or property damages caused by sudden or non-sudden accidental occurrence is entered between the owner or operator and a third- party claimant	
113	
264.147(b)(7)(ii)	

	

5	
final court order establishing judgment for bodily injury or property damage caused by sudden or non-sudden accidental occurrence is issued against the owner or operator or an instrument providing financial assurance	
113	
264.147(b)(7)(iii)	

	

	
requests for variance from 264.147(a) or (b) requirements; form of variance requirements	
IV A	
264.147(c)	

	

	
adjustments to required financial responsibility levels by Regional Administrator; criteria which must be used	
IV A	
264.147(d)	

	

	when liability coverage may be terminated	
IV A,24	
264.147(e)	

	

	financial test for liability coverage; criteria of 265.147(f)(1)(i) or (ii) must be met	
IV A	
264.147(f)(1)	

	

	
what the owner or operator must have	
IV A	
264.147(f)(1)(i)	

	

			
264.147(f)(1)(i)(A)	

	

			
264.147(f)(1)(i)(B)	

	

			
264.147(f)(1)(i)(C)	

	

			
264.147(f)(1)(ii)	

	

			
264.147(f)(1)(ii)(A)	

	

			
264.147(f)(1)(ii)(B)	

	

			
264.147(f)(1)(ii)(C)	

	

			
264.147(f)(1)(ii)(D)	

	

	"amount of liability coverage"	
IV A	
264.147(f)(2)	

	

	three items the owner or operator must submit	
IV A	
264.147(f)(3)	

	

			
264.147(f)(3)(i)	

	

			
264.147(f)(3)(ii)	

	

			
264.147(f)(3)(iii)	

	

			
264.147(f)(3)(iii)(A)	

	

			
264.147(f)(3)(iii)(B)	

	

	
deadline for submittal	
IV A	
264.147(f)(4)	

	

	
updated information	
IV A	
264.147(f)(5)	

	

	
evidence of liability coverage if 264.147(f)(1) requirements not met	
IV A,H113	
264.147(f)(6)	

	

	
Regional Administrator may disallow test; cause for disallowance	
IV A	
264.147(f)(7)	

	

	

H,,	
Guarantee for Liability Coverage	

guarantee for liability coverage; requirements guarantor must meet	
27,H113	
264.147(g)(1)	

	

	
payment by guarantor if owner or operator fails to satisfy a judgment	
27	
264.147(g)(1)(i)	

	

	
removed and reserved	
27,H113	
264.147(g)(1)(ii)	

	

	
corporations incorporated in U.S.	
27,H43,H113	
264.147(g)(2)(i)	

	

	
corporations incorporated outside U.S.	
27,H43,H113	
264.147(g)(2)(ii)	

	

	

	
letter of credit for liability coverage	
*,H27,H113	
264.147(h)	

	

H,	
requirements may be satisfied by obtaining irrevocable standby letter of credit that conforms to 264.147(h) requirements and submitting copy to Regional Administrator	
113	
264.147(h)(1)	

	

H	
criteria for financial institution issuing letter of credit	
113	
264.147(h)(2)	

	

H	
wording of letter of credit must be identical to wording specified in 264.151(k)	
113	
264.147(h)(3)	

	

H	
establishment and use of standby trust fund by owner or operator using letter of credit	
113	
264.147(h)(4)	

	

H	
wording of standby trust fund must be identical to wording specified in 264.151(n)	
113	
264.147(h)(5)	

	

H	
"Surety bond for liability coverage"	
113	
264.147(i)	

	

H	
requirements may be satisfied by obtaining surety bond conforming to 264.147(i) requirements and submitting copy to Regional Administrator	
113	
264.147(i)(1)	

	

H	
criterion for surety company issuing bond	
113	
264.147(i)(2)	

	

H	
wording of surety bond must be identical to wording specified in 264.151(l)	
113	
264.147(i)(3)	

	

H	
conditions under which surety bond may be used	
113	
264.147(i)(4)	

	

			
264.147(i)(4)(i)	

	

			
264.147(i)(4)(ii)	

	

H	
"Trust fund for liability coverage"	
113	
264.147(j)	

	

H	
requirements may be satisfied by establishing trust fund and submitting an originally signed duplicate of trust agreement to Regional Administrator	
113	
264.147(j)(1)	

	

H	
criteria for trustee	
113	
264.147(j)(2)	

	

H	
trust fund must be funded for full amount of liability coverage it is to provide; requirements if fund is reduced below full amount; definition of "full amount"	
113	
264.147(j)(3)	

	

H	
wording of trust fund must be identical to wording specified in 264.151(m)	
113	
264.147(j)(4)	

	

11	
until 10/16/82, use of endorsement or insurance without certification of insurer	
*,H27,H113	
264.147(k)	

	

	
INCAPACITY OF OWNERS OR OPERATORS, GUARANTORS, OR FINANCIAL INSTITUTIONS	

incapacity through bankruptcy of owner or operator or guarantor	
IV A	
264.148(a)	

	

	
incapacity of financial institution by bankruptcy or authority suspension	
IV A	
264.148(b)	

	

	
WORDING OF THE INSTRUMENTS	

required wording for a trust agreement	
IV A	
264.151(a)(1)	

	

	
certification of acknowledgment	
IV A	
264.151(a)(2)	

	

	
required wording for a financial guarantee bond	
IV A,24,H113	
264.151(b)	

	

	
required wording for a performance bond	
IV A	
264.151(c)	

	

	
required wording for an irrevocable standby letter of credit	
IV A,H133	
264.151(d)	

	

	
required wording for a certificate of insurance for closure or post-closure care	
IV A	
264.151(e)	

	

	
required wording for letter from chief financial officer (financial assurance)	
IV A,24,H113	
264.151(f)	

	

,	
required wording for letter from chief financial officer (liability coverage)	
IV A,24,H27,113	
264.151(g)	

	

	
required wording for corporate guarantee for closure or post-closure care	
IV A,27,H113	
264.151(h)(1)	

	

H,4,	
required wording for corporate guarantee for liability coverage	
27,43,113	
264.151(h)(2)	

	

	
required wording for hazardous waste facility liability endorsement	
IV A,H113	
264.151(i)	

	

	
required wording for hazardous waste facility certificate of liability insurance	
IV A,H113	
264.151(j)	

	

4,	
wording for letter of credit for liability coverage	
113,H133	
264.151(k)	

	

	
wording for surety bond	
H113	
264.151(l)	

	

	
wording for trust agreement	
H113	
264.151(m)(1)	

	

H,	
certification of acknowledgment	
113	
264.151(m)(2)	

	

H,	
wording for standby trust agreement	
113	
264.151(n)(1)	

	

H	
wording for certification of acknowledgment to accompany trust agreement	
113	
264.151(n)(2)	

	

	
SUBPART I - USE AND MANAGEMENT OF CONTAINERS	

APPLICABILITY	

storage of hazardous waste in containers	
IV A	
264.170	

	

	
CONDITION OF CONTAINERS	

requirements when container is not in good condition	
IV A	
264.171	

	

	
COMPATIBILITY OF WASTE WITH CONTAINERS	

container must be compatible with hazardous waste	
IV A	
264.172	

	

	
MANAGEMENT OF CONTAINERS	

closed container during storage	
IV A	
264.173(a)	

	

	
care in handling	
IV A	
264.173(b)	

	

	
INSPECTIONS	

weekly inspections	
IV A	
264.174	

	

	
CONTAINMENT	

requirement for a containment system	
IV A	
264.175(a)	

	

	
containment system design and operation requirements	
IV A	
264.175(b)	

	

			
264.175(b)(1)	

	

			
264.175(b)(2)	

	

			
264.175(b)(3)	

	

			
264.175(b)(4)	

	

			
264.175(b)(5)	

	

	
containers without free liquids don't require a containment system; exceptions	
IV A,14	
264.175(c)	

	

	
sloped storage area to drain precipitation	
IV A	
264.175(c)(1)	

	

	
elevated containers	
IV A	
264.175(c)(2)	

	

	
containment system requirements for storage of F020-F023, F026, F027	
14	
264.175(d)	

	

			
264.175(d)(1)	

	

	
reserved	
14	
264.175(d)(2)	

	

	
SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE	

required distance from property line	
IV A	
264.176	

	

	
SPECIAL REQUIREMENTS FOR INCOMPATIBLE WASTES	

not to be placed in same container	
IV A	
264.177(a)	

	

	
not to be placed in unwashed, previously used container	
IV A	
264.177(b)	

	

	
separation or protection requirements	
IV A	
264.177(c)	

	

	
CLOSURE	

decontamination or removal at closure	
IV A	
264.178	

	

	
AIR EMISSION STANDARDS	

owner or operator shall manage all hazardous waste placed in container in accordance with requirements of part 264, subpart CC	
154	
264.179	

	

	
SUBPART J - TANK SYSTEMS	

APPLICABILITY	

tank systems used for storing or treating hazardous wastes; exceptions	
IV A,28,82	
264.190	

	

23	
tank systems which contain no free liquids are exempted from 264.193; test Method 9095 must be used to demonstrate absence of free liquids	
IV A,H28,H52,126	
264.190(a)	

	

23	
tanks in secondary containment systems exempt	
IV A,H28,H52	
264.190(b)	

	

	
tanks, sumps and other collection devices used in conjunction with Subpart W-regulated drip pads must comply with Part 264 Subpart J requirements	
82	
264.190(c)	

	

	
ASSESSMENT OF EXISTING TANK SYSTEM'S INTEGRITY	

written assessment of tank system's integrity	
28	
264.191(a)	

	

	
adequate design; sufficient structural strength; compatibility with waste(s)	
28	
264.191(b)	

	

	
minimum assessment considerations	
28	
264.191(b)(1)	

	

			
264.191(b)(2)	

	

			
264.191(b)(3)	

	

			
264.191(b)(4)	

	

			
264.191(b)(5)	

	

			
264.191(b)(5)(i)	

	

			
264.191(b)(5)(ii)	

	

	
12 mos. deadline if materials become hazardous wastes after 7/14/86	
28	
264.191(c)	

	

	
tank systems found to be leaking or unfit for use, compliance with 264.196	
28	
264.191(d)	

	

24	
DESIGN AND INSTALLATION OF NEW TANK SYSTEMS OR COMPONENTS	

information to be included in written assessments for new tank systems or components	
28	
264.192(a)	

	

	
design standards	
28	
264.192(a)(1)	

	

	
hazardous characteristics	
28	
264.192(a)(2)	

	

	
contact with soil or water; required determinations	
28	
264.192(a)(3)	

	

	
factors affecting potential for corrosion	
28	
264.192(a)(3)(i)	

	

			
264.192(a)(3)(i)(A)	

	

			
264.192(a)(3)(i)(B)	

	

			
264.192(a)(3)(i)(C)	

	

			
264.192(a)(3)(i)(D)	

	

			
264.192(a)(3)(i)(E)	

	

			
264.192(a)(3)(i)(F)	

	

			
264.192(a)(3)(i)(G)	

	

			
264.192(a)(3)(i)(H)	

	

	
type and degree of external corrosion protection needed	
28	
264.192(a)(3)(ii)	

	

			
264.192(a)(3)(ii)(A)	

	

			
264.192(a)(3)(ii)(B)	

	

			
264.192(a)(3)(ii)(C)	

	

	
protection from traffic for underground components	
28	
264.192(a)(4)	

	

	
design considerations to ensure protection from environment	
28	
264.192(a)(5)	

	

			
264.192(a)(5)(i)	

	

			
264.192(a)(5)(ii)	

	

			
264.192(a)(5)(iii)	

	

	
new tank installation procedures; inspection requirements	
28	
264.192(b)	

	

			
264.192(b)(1)	

	

			
264.192(b)(2)	

	

			
264.192(b)(3)	

	

			
264.192(b)(4)	

	

			
264.192(b)(5)	

	

			
264.192(b)(6)	

	

	
backfilling requirements for new underground tank systems	
28	
264.192(c)	

	

	
tightness requirement	
28	
264.192(d)	

	

	
protection of ancillary equipment	
28	
264.192(e)	

	

	
corrosion protection requirements	
28	
264.192(f)	

	

	
written statements and certification statements	
28	
264.192(g)	

	

24	
CONTAINMENT AND DETECTION OF RELEASES	

schedule for providing secondary containment for tank systems	
28	
264.193(a)	

	

			
264.193(a)(1)	

	

			
264.193(a)(2)	

	

			
264.193(a)(3)	

	

			
264.193(a)(4)	

	

			
264.193(a)(5)	

	

	
requirements for secondary containment systems	
28	
264.193(b)	

	

			
264.193(b)(1)	

	

			
264.193(b)(2)	

	

	
minimum specifications of secondary containment systems	
28	
264.193(c)	

	

			
264.193(c)(1)	

	

			
264.193(c)(2)	

	

			
264.193(c)(3)	

	

			
264.193(c)(4)	

	

	
devices that satisfy the secondary containment requirements	
28	
264.193(d)	

	

			
264.193(d)(1)	

	

			
264.193(d)(2)	

	

			
264.193(d)(3)	

	

			
264.193(d)(4)	

	

	
additional requirements for secondary containment systems
	
28	
264.193(e)	

	

	
additional requirements for external liner systems	
28	
264.193(e)(1)	

	

			
264.193(e)(1)(i)	

	

			
264.193(e)(1)(ii)	

	

			
264.193(e)(1)(iii)	

	

			
264.193(e)(1)(iv)	

	

	
additional requirements for vault systems	
28	
264.193(e)(2)	

	

			
264.193(e)(2)(i)	

	

			
264.193(e)(2)(ii)	

	

			
264.193(e)(2)(iii)	

	

			
264.193(e)(2)(iv)	

	

			
264.193(e)(2)(v)	

	

			
264.193(e)(2)(v)(A)	

	

			
264.193(e)(2)(v)(B)	

	

			
264.193(e)(2)(vi)	

	

	
additional requirements for double-walled tanks	
28	
264.193(e)(3)	

	

			
264.193(e)(3)(i)	

	

			
264.193(e)(3)(ii)	

	

			
264.193(e)(3)(iii)	

	

	
secondary containment requirements for ancillary equipment; exceptions	
28	
264.193(f)	

	

	
aboveground piping	
28	
264.193(f)(1)	

	

	
welded parts and connections	
28	
264.193(f)(2)	

	

	
sealless or magnetic coupling pumps and sealless valves	
28,52	
264.193(f)(3)	

	

	pressurized aboveground piping systems with automatic shut-off devices	
28	
264.193(f)(4)	

	

	

H,8	
Variance from Section Requirements	

	general requirements for variance	
28	
264.193(g)	

	

	considerations in granting variance based on demonstration of equivalent ground water and surface water protection	
28	
264.193(g)(1)	

	

			
264.193(g)(1)(i)	

	

			
264.193(g)(1)(ii)	

	

			
264.193(g)(1)(iii)	

	

			
264.193(g)(1)(iv)	

	

	factors to be considered in granting a variance	
28	
264.193(g)(2)	

	

	
factors regarding the potential adverse effects on ground water, surface water and land quality	
28	
264.193(g)(2)(i)	

	

			
264.193(g)(2)(i)(A)	

	

			
264.193(g)(2)(i)(B)	

	

			
264.193(g)(2)(i)(C)	

	

			
264.193(g)(2)(i)(D)	

	

			
264.193(g)(2)(i)(E)	

	

	
factors regarding the potential adverse effects of a release on ground water quality	
28	
264.193(g)(2)(ii)	

	

			
264.193(g)(2)(ii)(A)	

	

			
264.193(g)(2)(ii)(B)	

	

			
264.193(g)(2)(ii)(C)	

	

			
264.193(g)(2)(ii)(D)	

	

	factors regarding the potential adverse effects of a release on surface water quality	
28	
264.193(g)(2)(iii)	

	

			
264.193(g)(2)(iii)(A)	

	

			
264.193(g)(2)(iii)(B)	

	

			
264.193(g)(2)(iii)(C)	

	

			
264.193(g)(2)(iii)(D)	

	

			
264.193(g)(2)(iii)(E)	

	

	
factors regarding the potential adverse effects of a release on the land	
28	
264.193(g)(2)(iv)	

	

			
264.193(g)(2)(iv)(A)	

	

			
264.193(g)(2)(iv)(B)	

	

	
requirements if release occurs from primary tank system but no migration beyond zone of engineering control	
28	
264.193(g)(3)	

	

			
264.193(g)(3)(i)	

	

			
264.193(g)(3)(ii)	

	

			
264.193(g)(3)(ii)(A)	

	

			
264.193(g)(3)(ii)(B)	

	

			
264.193(g)(3)(iii)	

	

	
requirements if release occurs and migrates beyond zone of engineering control	
28	
264.193(g)(4)	

	

			
264.193(g)(4)(i)	

	

			
264.193(g)(4)(ii)	

	

			
264.193(g)(4)(iii)	

	

	

H,8	
Variance Procedures	

procedures for requesting a variance	
28	
264.193(h)	

	

			
264.193(h)(1)	

	

			
264.193(h)(1)(i)	

	

			
264.193(h)(1)(ii)	

	

			
264.193(h)(2)	

	

			
264.193(h)(3)	

	

			
264.193(h)(4)	

	

	

		

requirements for all tank systems until such time as secondary containment is provided	
28	
264.193(i)	

	

			
264.193(i)(1)	

	

			
264.193(i)(2)	

	

			
264.193(i)(3)	

	

			
264.193(i)(4)	

	

			
264.193(i)(5)	

	

24	
GENERAL OPERATING REQUIREMENTS	

when hazardous waste or treatment reagents must not be placed in tank systems	
28	
264.194(a)	

	

	
minimum controls and practices to prevent spills and overflows	
28	
264.194(b)	

	

			
264.194(b)(1)	

	

			
264.194(b)(2)	

	

			
264.194(b)(3)	

	

	
264.196 requirements if a leak or spill occurs in the system	
14,28	
264.194(c)	

	

24	
INSPECTIONS	

schedule and procedure for inspecting overfill controls	
28	
264.195(a)	

	

	
daily inspection requirements	
28	
264.195(b)	

	

			
264.195(b)(1)	

	

			
264.195(b)(2)	

	

			
264.195(b)(3)	

	

	
minimum inspection frequency for cathodic protection systems	
28	
264.195(c)	

	

			
264.195(c)(1)	

	

			
264.195(c)(2)	

	

	
document in operating record	
28	
264.195(d)	

	

24	
RESPONSE TO LEAKS OR SPILLS AND DISPOSITION OF LEAKING OR UNFIT-FOR-USE TANK SYSTEMS	

immediate removal from service of leaking or unfit-for-use tank or secondary containment system	
28,52	
264.196	

	

	
cessation of use; prevent flow or addition of wastes	
28	
264.196(a)	

	

	
schedule for removal of waste from tank system or secondary containment system	
28	
264.196(b)(1)	

	

			
264.196(b)(2)	

	

	
containment of visible releases to the environment	
28	
264.196(c)	

	

			
264.196(c)(1)	

	

			
264.196(c)(2)	

	

	
required notifications and reports following any release to the environment	
28	
264.196(d)(1)	

	

			
264.196(d)(2)	

	

			
264.196(d)(2)(i)	

	

			
264.196(d)(2)(ii)	

	

			
264.196(d)(3)	

	

			
264.196(d)(3)(i)	

	

			
264.196(d)(3)(ii)	

	

			
264.196(d)(3)(iii)	

	

			
264.196(d)(3)(iv)	

	

			
264.196(d)(3)(v)	

	

	provision of secondary containment, repair, or closure	
28	
264.196(e)(1)	

	

			
264.196(e)(2)	

	

			
264.196(e)(3)	

	

			
264.196(e)(4)	

	

	
certification of major repairs	
28	
264.196(f)	

	

24	
CLOSURE AND POST-CLOSURE CARE	

general closure requirements	
28	
264.197(a)	

	

	
specific requirements when contaminated soils cannot practically be removed or decontaminated; closure as a landfill	
28	
264.197(b)	

	

	
closure plans and financial responsibility requirements for tank systems without secondary containment that fall under 264.193(b)-(f) and are not exempt from secondary containment requirements	
28	
264.197(c)	

	

			
264.197(c)(1)	

	

			
264.197(c)(2)	

	

			
264.197(c)(3)	

	

			
264.197(c)(4)	

	

			
264.197(c)(5)	

	

	
SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTES	

no ignitable or reactive waste in tank systems unless:	
IV A,28	
264.198(a)	

	

	
waste is treated, rendered or mixed	
IV A,28	
264.198(a)(1)	

	

			
264.198(a)(1)(i)	

	

			
264.198(a)(1)(ii)	

	

	
waste is protected	
IV A,28	
264.198(a)(2)	

	

	
system used solely for emergencies	
IV A,28	
264.198(a)(3)	

	

	
maintenance of protective distances	
IV A,28	
264.198(b)	

	

	
SPECIAL REQUIREMENTS FOR INCOMPATIBLE WASTES	

no placement of incompatible wastes in tank system unless compliance with 264.17(b)	
IV A,28	
264.199(a)	

	

	
no placement in contaminated tank system unless compliance with 264.17(b)	
IV A,28	
264.199(b)	

	

	
The owner or operator shall manage all hazardous waste placed in a tank in accordance with the requirements of subpart CC of this part.	
14,28,
154	
264.200