[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.