[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR264.1100]

[Page 444-445]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 264_STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, 
STORAGE, AND DISPOSAL FACILITIES--Table of Contents
 
                    Subpart DD_Containment Buildings
 
Sec. 264.1100  Applicability.

    Source: 57 FR 37265, Aug. 18, 1992, unless otherwise noted.


    The requirements of this subpart apply to owners or operators who 
store or treat hazardous waste in units designed and operated under 
Sec. 264.1101 of this subpart. These provisions will become effective 
on February 18, 1993, although owner or operator may notify the Regional 
Administrator of his intent to be bound by this subpart at an earlier 
time. The owner or operator is not subject to the definition of land 
disposal in RCRA section 3004(k) provided that the unit:
    (a) Is a completely enclosed, self-supporting structure that is 
designed and constructed of manmade materials of sufficient strength and 
thickness to support themselves, the waste contents, and any personnel 
and heavy equipment that operate within the unit, and to prevent failure 
due to pressure gradients, settlement, compression, or uplift, physical 
contact with the hazardous wastes to which they are exposed; climatic 
conditions; and the stresses of daily operation, including the movement 
of heavy equipment within the unit and contact of such equipment with 
containment walls;
    (b) Has a primary barrier that is designed to be sufficiently 
durable to withstand the movement of personnel, wastes, and handling 
equipment within the unit;
    (c) If the unit is used to manage liquids, has:

[[Page 445]]

    (1) A primary barrier designed and constructed of materials to 
prevent migration of hazardous constituents into the barrier;
    (2) A liquid collection system designed and constructed of materials 
to minimize the accumulation of liquid on the primary barrier; and
    (3) A secondary containment system designed and constructed of 
materials to prevent migration of hazardous constituents into the 
barrier, with a leak detection and liquid collection system capable of 
detecting, collecting, and removing leaks of hazardous constituents at 
the earliest practicable time, unless the unit has been granted a 
variance from the secondary containment system requirements under Sec. 
264.1101(b)(4);
    (d) Has controls sufficient to prevent fugitive dust emissions to 
meet the no visible emission standard in Sec. 264.1101(c)(1)(iv); and
    (e) Is designed and operated to ensure containment and prevent the 
tracking of materials from the unit by personnel or equipment.