Subject 391-3-11 HAZARDOUS WASTE MANAGEMENT
| (1) |
Purpose - The purpose of these rules is
to establish policies, procedures, requirements, and standards to implement the
Georgia Hazardous Waste Management Act, O.C.G.A.
12-8-60, et seq. These rules are
promulgated for the purpose of protecting and enhancing the quality of
Georgia's environment and protecting the public health, safety and wellbeing of
its citizens. |
| (2) |
Any reference in
these rules to standards, procedures, and requirements of Title 40 of the Code
of Federal Regulations (40 C.F.R.) Parts 124, 260-266, 268, 270, 273 and 279
shall constitute the full adoption by reference of the Part, Subpart, and
Paragraph of the Federal Regulations so referenced including any notes and
appendices as may be associated as amended through November 28, 2016, unless
otherwise stated. Provided, however, nothing in 40 C.F.R. Parts 124, 260-266,
268, 270, 273 and 279, as pertains to any exclusion for carbon dioxide streams
in geologic sequestration activities, or standardized permits (including all
references to 40 C.F.R. Part 267, Part 270 Subpart J, and Part 124 Subpart G)
is adopted or included by reference herein.
| (a) |
The text of the federal regulations
incorporated by reference includes references to "RCRA", the "Resource
Conservation and Recovery Act", "Subtitle C of RCRA", "the Act", and other
general references that refer to the federal hazardous waste program as a
whole. Unless otherwise noted, these references shall be construed to refer to
the Georgia Hazardous Waste Management Act, O.C.G.A.
12-8-60, et seq. and the Georgia
hazardous waste management program. References to "RCRA permits" or "RCRA Part
B permits" shall refer to permits issued by the Environmental Protection
Agency, the State of Georgia, or another authorized state. References to
specific sections of RCRA shall refer to both the federal provisions of RCRA to
be implemented by the Environmental Protection Agency, as well as analogous
provisions of the Georgia Hazardous Waste Management Act, O.C.G.A.
12-8-60 et seq., to be implemented
by the Georgia Environmental Protection Division. References to other federal
statutes and regulations contained in the text of the federal regulations
incorporated by reference that are not specifically adopted by reference,
including, but not limited to, references to the Clean Water Act, the Clean Air
Act, and the Safe Drinking Water Act, shall be used to assist in interpreting
the federal regulations, and the authority and power of the analogous or
related portions of the Georgia statutes and regulations shall also be
considered to apply. |
| (b) |
When used
in any provisions as may be adopted from 40 C.F.R. Parts 124, 260-266, 268,
270, 273, and 279, references to RCRA "Subtitle D" and 40 C.F.R. Part 258,
including 258.40, shall be construed to refer to the provisions contained in
Sections 391-3-4-.01,
391-3-4-.05,
391-3-4-.07, and
391-3-4-.11 through
391-3-4-.14 of the Georgia Rules for
Solid Waste Management, as amended. |
| (c) |
When used in any such provisions as may
be adopted from 40 C.F.R. Parts 124, 260-266, 268, 270, 273, and 279:
Environmental Protection Agency or EPA, except in reference to EPA ID numbers,
EPA hazardous waste numbers, EPA publications, regulations on international
shipments, the electronic manifest system, or manifest registry functions,
shall mean the Georgia Environmental Protection Division; and Administrator or
Regional Administrator, except in reference to regulations on international
shipments, shall mean Director of the Environmental Protection
Division. |
| (d) |
Any reference to 40
C.F.R. Parts 124, 260-266, 268, 270, 273, and 279 in any provisions adopted by
reference shall be construed to refer to the provisions contained in the
following sections of these rules:
|
Federal Regulation Reference
|
Georgia Rules Reference
|
|
40 C.F.R. 260.3
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391-3-11-.01(2)(e)
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40 C.F.R. 260.10-11
|
391-3-11-.02
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40 C.F.R. 260.42
|
391-3-11-.04
|
|
40 C.F.R. Part 264 Subpart H
|
391-3-11-.05(1)
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40 C.F.R. Part 265 Subpart H
|
391-3-11-.05(2)
|
|
40 C.F.R. Part 261 Subpart H
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391-3-11-.05(5)
|
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40 C.F.R. Part 260 Subpart C
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391-3-11-.07(2)
|
|
40 C.F.R. Part 261 Subparts A-E, I-J, M,
AA-CC
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391-3-11-.07(1)
|
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40 C.F.R. Part 262
|
391-3-11-.08(1)
|
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40 C.F.R. Part 263
|
391-3-11-.09
|
|
40 C.F.R. Part 264 Subparts A-G, I-O, S, W, X, and
AA-EE
|
391-3-11-.10(2)
|
|
40 C.F.R. Part 265 Subparts A-G, I-R, W, and
AA-EE
|
391-3-11-.10(1)
|
|
40 C.F.R. Part 266
|
391-3-11-.10(3)
|
|
40 C.F.R. Part 124
|
391-3-11-.11
|
|
40 C.F.R. Part 270
|
391-3-11-.11
|
|
40 C.F.R. Part 268
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391-3-11-.16
|
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40 C.F.R. Part 279
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391-3-11-.17(1)
|
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40 C.F.R. Part 273
|
391-3-11-.18
|
References to EPA forms or reports, except in reference to
regulations on international shipments, manifests, or the electronic manifest
system, shall mean EPD forms and reports as may be provided by the
Director.
|
|
| (3) |
As of
July 10, 1992, any facility which failed to qualify for federal interim status
for any waste code promulgated pursuant to the Hazardous and Solid Waste
Amendments (HSWA) or who lost interim status for failing to certify under HSWA
for any newly promulgated waste code, is also denied interim status under State
law. |
| (2) |
Differences between
State and Federal Definitions: When the same word is defined both in the
Georgia Hazardous Waste Management Act and in
40 C.F.R.
260.10,
268.2, and
270.2, and Parts 273 and 279 as
adopted by reference above, and the definitions are not identical, the
definitions as given in the Georgia Hazardous Waste Management Act shall be
applied unless such application would render these rules inconsistent with
Federal Hazardous Waste rules and regulations. |
| (1) |
Any records, reports, or information
obtained from any person by the Director under these rules shall be available
to the public for inspection and copying at the expense of the person
requesting copies, except that upon a showing satisfactory to the Director by
any person that any records, reports, or information or any particular part
thereof, to which the Director has access under these rules would, if made
public, divulge information entitled to protection or confidentiality under
law, the Director shall consider such information or any particular portion
thereof confidential in accordance with the purposes of the law under which
confidentiality or protection is claimed, except that such records, reports,
documents, or information may be disclosed to officers, employees or authorized
representatives of the United States government concerned with carrying out the
terms of the Federal Act, or when required by any court in any proceedings
under the Federal Act or under the Georgia Hazardous Waste Management
Act. |
| (2) |
Any claim of
confidentiality filed pursuant to this section must be asserted at the time of
initial submission of the record, report, or information in question, or it
shall be deemed waived. |
| (3) |
Any
claim of confidentiality filed pursuant to this section must be accompanied by
a statement of the legal basis supporting the claim of
confidentiality. |
| (1) |
Every hazardous waste generator,
hazardous waste transporter, hazardous waste transfer facility, hazardous
secondary material generator, hazardous secondary material transporter,
intermediate facility, verified hazardous secondary materials reclamation
facility, hazardous secondary material remanufacturer, used oil transporter,
used oil transfer facility, used oil processor, and owner or operator of a
hazardous waste storage, treatment, or disposal facility shall notify the
Division of such activities on forms provided by the Director. Very Small
Quantity Generators are not required to notify. The owner or operator of a site
that has ceased all regulated activities shall notify the Division that the EPA
Identification Number assigned to the site should be deactivated. |
| (2) |
Any person who, on the effective date of
these rules or effective date of any subsequent revisions of these rules, is
generating or transporting hazardous waste or who owns or operates a hazardous
waste storage, treatment, or disposal facility must notify the Division of such
activities within 90 days after these rules or revisions to these rules become
effective, unless such notification has previously been provided to the
Regional Administrator of the Environmental Protection Agency in accordance
with 3010 of the Federal Act. |
| (3) |
Any person who, on the effective date of these rules or effective date of any
subsequent revisions to these rules, is not generating hazardous waste and who
subsequently begins to generate hazardous waste must, within 30 days after
commencing such generation, notify the Division of such generation in
accordance with subsection (1) above. |
| (4) |
Every hazardous waste transporter,
hazardous waste transfer facility, used oil transporter, used oil transfer
facility, used oil processor and owner or operator of a hazardous waste
storage, treatment, or disposal facility with a physical location in Georgia
shall, within 30 days after commencing such activities, notify the Division of
such activities in accordance with subsection (1) above. This notification
shall be made to the Division, regardless of any notification to other states
or the Environmental Protection Agency. |
| (1) |
40 C.F.R. Part 264 Subpart H is hereby
incorporated by reference, except for 264.140(d), 264.149, and
264.150. |
| (2) |
40 C.F.R. Part 265
Subpart H is hereby incorporated by reference, except for 265.140(d), 265.149,
and 265.150. |
| (3) |
The Director shall
require proof of adequate financial responsibility to insure any corrective
action required as a condition of a permit issued pursuant to these
rules. |
| (4) |
Methods other than those
provided for in subsection (1) above may be used to insure financial
responsibility if the owner or operator can show that an equivalent degree of
protection can be provided concerning human health and the
environment. |
| (5) |
40 C.F.R. Part 261
Subpart H is hereby incorporated by reference, except for 261.149 and
261.150. |
A variance shall be granted only if it is consistent with the
requirements of the Georgia Hazardous Waste Management Act, as amended, and
these rules and consistent with the Federal Act and regulations promulgated
thereunder. The Director will evaluate the application for a variance and issue
a draft notice tentatively granting or denying the application. Notification of
this tentative decision will be provided by newspaper advertisement and radio
broadcast in the locality where the applicant is located. The Director will
accept comment on the tentative decision for thirty (30) days, and may also
hold a public hearing upon request or at his discretion. The Director will
issue a final decision after receipt of comments and after the hearing, if
any.
| (1) |
40 C.F.R. Part 261, Subpart A - Subpart
E, Subpart I - Subpart J, Subpart M, Subpart AA, Subpart BB, and Subpart CC,
are hereby incorporated by reference. |
| (2) |
40 C.F.R. Part 260, Subpart C, is hereby
incorporated by reference, except for the last sentence of 260.34(a) and
260.34(a)(1)-(3). |
| (3) |
The Director
shall provide public notice of any petition to delist a waste and shall provide
an opportunity for public comment thereon. Such public notice shall be paid for
by the person requesting the delisting. |
| (1) |
40 C.F.R. Part
262 is hereby incorporated by reference. |
| (2) |
Hazardous Waste Manifests shall be on EPA
forms and shall be completed as required by the instructions
supplied. |
| (3) |
Weekly inspections of
hazardous waste central accumulation areas shall be documented and maintained
onsite for three years. |
40 C.F.R. Part 263 is hereby incorporated by
reference.
| (1) |
40 C.F.R. Part 265, Subpart A - Subpart
G, Subpart I - Subpart R, Subpart W, Subpart AA, Subpart BB, Subpart CC,
Subpart DD and Subpart EE, are hereby incorporated by reference, except for the
following: 265.90(f), 265.110(c), 265.110(d), 265.112(b)(8), 265.112(c)(1)(iv),
265.118(c)(4), 265.118(c)(5), 265.118(d)(1)(iii), and 265.121. |
| (2) |
40 C.F.R. Part 264, Subpart A - Subpart
G, Subpart I - Subpart O, Subpart S, Subpart W, Subpart X, Subpart AA, Subpart
BB, Subpart CC, Subpart DD, and Subpart EE, are hereby incorporated by
reference, except for the following: 264.90(e), 264.90(f), 264.110(c),
264.112(b)(8), 264.112(c)(2)(iv), 264.118(b)(4), 264.118(d)(2)(iv). |
| (3) |
40 C.F.R. Part 266 is hereby incorporated
by reference. |
| (1) |
Permits Required: No person shall and it
shall be unlawful and a violation of the Georgia Hazardous Waste Management Act
to construct, install, operate or substantially alter a hazardous waste
facility without first obtaining and possessing a hazardous waste facility
permit from the Director.
| (a) |
Scope of the
RCRA Permit Requirement: 40
C.F.R. 270.1(c), except for
270.1(c)(7), is hereby incorporated by reference. |
|
| (2) |
Interim Status: Any person who owns or
operates a facility required to have a permit under subsection (1) above, which
facility was in existence on November 19, 1980, or is in existence on the
effective date of statutory or regulatory changes pursuant to the Georgia
Hazardous Waste Management Act that render the facility subject to the
requirement to have a permit pursuant to subsection (1) above, shall be
accorded interim status, which means that such person shall be treated as
having been issued a permit until such time as final administrative disposition
of the person's application has been made, if and to the extent the person:
| (a) |
Has notified the Director of the
existence of such facility as required pursuant to Rule
391-3-11-.04; |
| (b) |
Has filed an application for a permit as
required pursuant to these rules; |
| (c) |
Furnishes to the Director information
reasonably required or requested for processing such application; |
| (d) |
Does not treat, store, or dispose of
hazardous waste not specified in the permit application, nor employ processes
not specified in the permit application, nor exceed the design capacity
specified in the permit application; and |
| (e) |
Complies with all standards applicable to
interim status facilities set forth in these rules. |
|
| (3) |
Application for Permit: An application
for a Hazardous Waste Facility Permit shall be submitted in such manner and on
such forms as the Director may prescribe.
| (a) |
Application shall be complete and accurate and accompanied by required plans,
data, specifications, engineering reports, design and other information as the
Director deems necessary to make a determination of compliance with the Act,
applicable standards and requirements and these rules. An application for a
permit shall include a demonstration of financial responsibility including but
not limited to guarantees, liability insurance, the posting of bonds, or any
combination of guarantees, liability insurance, or bonds, in accordance with
O.C.G.A. 12-8-68 et seq. and
391-3-11-.05 of these rules.
Applications for permits will be reviewed together with such other information
as may be necessary to ascertain the effect upon the environment and the health
of humans. |
| (b) |
Specific Procedures
Applicable to RCRA Permits: 40 C.F.R. 124.31-
124.33 are hereby incorporated by
reference, except the following sentences are deleted in section (a) of 124.31,
124.32 and 124.33 "For the purposes of this section only 'hazardous waste
management units over which EPA has permit issuance authority' refers to
hazardous waste management units for which the State where the units are
located has not been authorized to issue RCRA permits pursuant to 40 C.F.R.
Part 271. The requirements of this section do not apply to permit modifications
under 270.42 or to applications that are submitted for the sole purpose of
conducting post-closure activities or post-closure activities and corrective
action at a facility." |
| (c) |
Permit
Application and Updating Permit Applications for Existing and New Hazardous
Waste Management Facilities: 40 C.F.R. 124.3,
270.10 and
270.235 are hereby incorporated by
reference. |
| (d) |
Signatories to
Permit Applications and Reports:
40 C.F.R.
270.11 is hereby incorporated by
reference. |
|
| (4) |
Upon the
first receipt of an application for a Hazardous Waste Facility Permit, the
Director, within fifteen (15) days, shall provide to the government of the
county in which the facility is located or proposed to be located, to each city
government located wholly or partially within that county, and to the
government of each county and city having territorial boundaries within two
miles of the hazardous waste facility or proposed hazardous waste facility a
written notice indicating that an application has been received and describing
the hazardous waste activities the applicant proposes to conduct. Within a 30
day period after first receipt of such application, the Director shall also
publish in at least one local newspaper of general circulation in the county a
public notice that an application for a hazardous waste facility permit has
been received. A public hearing shall be held if such is requested in writing
within thirty (30) days after publication of notification and is requested by
twenty-five (25) or more persons who claim to be affected by the pending permit
application, by a governmental subdivision, or by an association having no
fewer than twenty-five (25) members. If requested, the public hearing shall be
conducted at the county seat of the county in which the hazardous waste
facility is proposed to be located. At least forty-five (45) days prior to the
date of the public hearing, the Director shall provide written notice to the
various local governmental subdivisions and other interested parties in the
locality in which the proposed facility may be located that a public hearing
has been requested, which written notice shall also include the date, time,
location and purpose of the public hearing. The date, time, location and
purpose of such public hearing shall be advertised in the legal organ of the
county in which the facility is proposed at least forty-five (45) days in
advance of the date set for the hearing. Such public hearings shall be held for
the purpose of receiving comments and suggestions concerning the location and
requirements for the operation of a hazardous waste facility. The Director
shall consider fully all written and oral submissions regarding the proposed
facility and the pending application.
| (a) |
Public Notice of Permit Actions and Public Comment Period:
40 C.F.R.
124.10 is hereby incorporated by
reference. |
| (b) |
Public Comments and
Request for Public Hearings: 40 C.F.R. 124.11 is hereby
incorporated by reference. |
| (d) |
Obligation to Raise Issues During Public Comment:
40 C.F.R.
124.13 is hereby incorporated by
reference. |
| (e) |
Reopening of the
Public Comment Period: 40
C.F.R. 124.14 is hereby incorporated by
reference. |
| (f) |
Issuance and
Effective Date of Permit: 40
C.F.R. 124.15 is hereby incorporated by
reference. |
| (h) |
The owner or operator of any hazardous
waste treatment, storage or disposal facility shall pay any costs or expenses
associated with public notices or notifications required by these rules
including, but not limited to, public notices or notifications relating to
permitting and closure activities. |
|
| (5) |
Issuance of Permit: A permit shall be
issued to an applicant on evidence satisfactory to the Director of compliance
with the provisions of the Act, any applicable standards or requirements and
these rules.
| (a) |
Any permit shall contain such
terms and conditions, including conditions requiring corrective action beyond
the facility boundary, as are deemed necessary by the Director to protect the
environment and the health of humans, and the Director may require such testing
and construction supervision as he deems necessary to protect the environment
and the health of humans. Any permit issued subsequent to November 8, 1984,
shall contain conditions requiring corrective action for any releases into the
environment of hazardous waste or hazardous constituents at the facility
seeking a permit, regardless of the time at which waste was placed at such
facility. |
| (b) |
Conditions Applicable
to all Permits: 40 C.F.R.
270.30 is hereby incorporated by
reference. |
| (e) |
Requirements for
Recording and Reporting of Monitoring Results:
40 C.F.R.
270.31 is hereby incorporated by
reference. |
|
| (6) |
Denial of
Permit: In the event of denial of a permit application, the Director shall send
written notice of such action to the applicant and shall set forth in such
notice the reason for the action. The denial of any permit by the Director
shall become final unless a petition for hearing in accordance with O.C.G.A.
12-8-73 is filed.
|
| (7) |
Amendment, Modification, Revocation or Suspension of Permit:
| (a) |
The Director may amend, modify, suspend
or revoke any permit issued for cause, including but not limited to the
following:
| 1. |
Violation of any condition or
provision of such permit or failure to comply with any final order of the
Director; |
| 2. |
Failure to comply with
the Act or these rules; |
| 3. |
Obtaining a permit by misrepresentation or failure to disclose fully all
relevant facts; or |
| 4. |
When the
permitted facility poses a threat to the environment or the health of
humans. |
|
| (b) |
In the event
of amendment, modification, suspension or revocation of any permit, the
Director shall serve written notice of such action on the permit holder and
shall set forth in such notice the reason for such action. |
|
| (8) |
Transfer
of Permits: Permits are not transferable from one person to another or from one
site or facility to another unless such transfer is approved by the Director.
|
| (9) |
Duration
of Permit: A permit shall be effective for a fixed term not to exceed 10 years.
| (a) |
Each permit for a land disposal facility
shall be reviewed by the Director five years after the date of permit issuance
or reissuance and shall be modified as necessary to assure that the facility
continues to comply with the currently applicable requirements of these
rules. |
|
| (11) |
Noncompliance and Program Reporting by
the Director: 40 C.F.R.
270.5 is hereby incorporated by
reference. |
| (12) |
Definitions
Applicable to RCRA Permits: Definitions of words or terms applicable to RCRA
permits as defined in 40
C.F.R. 270.2 are hereby incorporated by
reference. |
| (1) |
The Director or his authorized
representative, upon presentation of his credentials, shall have a right to
enter upon, to or through premises of persons subject to this Act, or premises
whereon a violation of the Act or rules and regulations is reasonably believed
to be occurring or is reasonably believed to be about to occur, to investigate,
take samples, copy all records relating to hazardous wastes, and inspect for
compliance with the requirements imposed under the Act or the rules and
regulations or to determine whether such a violation or threatened violation
exists, in accordance with the following purposes:
| (a) |
for the purpose of determining whether
any person subject to the requirements of the Act is in compliance with these
rules; |
| (b) |
for the purpose of
investigating conditions relating to hazardous waste management or hazardous
waste management practices where the Director is in possession of information
sufficient to form a reasonable belief that a violation of the Act or these
rules is occurring or is about to occur; or |
| (c) |
for the purpose of determining whether
there has been a violation of any of the provisions of the Act, or these rules,
or any permit or order issued pursuant to the Act and these rules. |
|
| (2) |
In the event any person does
not consent to an inspection or investigation, the Director or his authorized
representative may seek to obtain a warrant authorizing the inspection or
investigation pursuant to O.C.G.A. 12-2-2(d). |
| (3) |
Each such inspection or investigation
shall be commenced and completed with reasonable promptness. If the Director or
his authorized representatives obtain any samples prior to leaving the
premises, he or they shall give to the owner, operator, or agent in charge a
receipt describing the sample obtained and, if requested, a portion of each
sample equal in volume or weight to the portion retained. If any analysis is
made of such samples, a copy of the results of such analysis shall be furnished
promptly to the owner, operator, or agent in charge. |
| (4) |
This Section of these rules shall be
construed so as to be consistent with 3007(a) of the Federal Act,
42 U.S.C.
6927(a). |
The administration and enforcement of these rules and
regulations shall be in accordance with the Georgia Hazardous Waste Management
Act, O.C.G.A. 12-8-60, et seq.; O.C.G.A. 12-2-1, et
seq.; and the Georgia Administrative Procedure Act, O.C.G.A. 50-13-1,
et seq.
Interested persons may participate in the enforcement of the
Georgia Hazardous Waste Management Act and these rules pursuant to the
applicable provisions of the Georgia Hazardous Waste Management Act, O.C.G.A.
12-8-60, et seq.; O.C.G.A. 12-2-1, et seq.;
the Georgia Administrative Procedure Act, O.C.G.A. 50-13-1, et
seq.; the Georgia Civil Practice Act, O.C.G.A. 9-11-1, et
seq.; or any other applicable provision of Georgia
law.
| (1) |
The Director shall make disclosure of
records to the public within three working days of receipt of a request for
disclosure, if and to the extent the requester:
| (a) |
Has filed a request in writing with the
Director; |
| (b) |
Has requested records
which are subject to the Georgia Open Records Act, O.C.G.A. 50-18-70,
et seq.; and |
| (c) |
Has requested records that are not exempt from disclosure pursuant to state
law, O.C.G.A. 50-18-70, et seq., and O.C.G.A.
12-8-78(a). |
|
| (2) |
No fee
shall be charged for record inspection. Reasonable fees for copying records may
be charged in accordance with procedures developed by the Director. |
| (3) |
If a request to inspect or copy records
is denied, the Director shall furnish to the requester in writing the basis for
the denial and a statement of the judicial remedies available to seek to obtain
the requested records. |
40 C.F.R. Part 268 is hereby incorporated by reference,
except for 40 C.F.R.
268.5,
268.6,
268.42(b), and
268.44(a)-268.44(g),
which will be implemented by the U.S. Environmental Protection
Agency.
| (1) |
40 C.F.R. Part 279 is hereby incorporated
by reference. |
| (2) |
Used oil
containers and tanks not stored indoors or within impervious secondary
containment systems specified by a Spill Prevention, Control, and
Countermeasures Plan developed in accordance with 40 CFR Part 112, must be kept
closed, except when it is necessary to add or remove used oil. |
40 C.F.R. Part 273 is hereby incorporated by
reference.
