[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: 40CFR264.15]

[Page 223-224]
 
                   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 B_General Facility Standards
 
Sec. 264.15  General inspection requirements.

    (a) The owner or operator must inspect his facility for malfunctions 
and deterioration, operator errors, and discharges which may be 
causing--or may lead to--(1) release of hazardous waste constituents to 
the environment or (2)

[[Page 224]]

a threat to human health. The owner or operator must conduct these 
inspections often enough to identify problems in time to correct them 
before they harm human health or the environment.
    (b)(1) The owner or operator must develop and follow a written 
schedule for inspecting monitoring equipment, safety and emergency 
equipment, security devices, and operating and structural equipment 
(such as dikes and sump pumps) that are important to preventing, 
detecting, or responding to environmental or human health hazards.
    (2) He must keep this schedule at the facility.
    (3) The schedule must identify the types of problems (e.g., 
malfunctions or deterioration) which are to be looked for during the 
inspection (e.g., inoperative sump pump, leaking fitting, eroding dike, 
etc.).
    (4) The frequency of inspection may vary for the items on the 
schedule. However, the frequency should be based on the rate of 
deterioration of the equipment and the probability of an environmental 
or human health incident if the deterioration, malfunction, or any 
operator error goes undetected between inspections. Areas subject to 
spills, such as loading and unloading areas, must be inspected daily 
when in use. At a minimum, the inspection schedule must include the 
items and frequencies called for in Sec. Sec. 264.174, 264.193, 
264.195, 264.226, 264.254, 264.278, 264.303, 264.347, 264.602, 264.1033, 
264.1052, 264.1053, 264.1058, and 264.1083 through 264.1089 of this 
part, where applicable.

[Comment: Part 270 of this chapter requires the inspection schedule to 
be submitted with part B of the permit application. EPA will evaluate 
the schedule along with the rest of the application to ensure that it 
adequately protects human health and the environment. As part of this 
review, EPA may modify or amend the schedule as may be necessary.]

    (c) The owner or operator must remedy any deterioration or 
malfunction of equipment or structures which the inspection reveals on a 
schedule which ensures that the problem does not lead to an 
environmental or human health hazard. Where a hazard is imminent or has 
already occurred, remedial action must be taken immediately.
    (d) The owner or operator must record inspections in an inspection 
log or summary. He must keep these records for at least three years from 
the date of inspection. At a minimum, these records must include the 
date and time of the inspection, the name of the inspector, a notation 
of the observations made, and the date and nature of any repairs or 
other remedial actions.

[45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 50 
FR 4514, Jan. 31, 1985; 57 FR 3486, Jan. 29, 1992; 59 FR 62926, Dec. 6, 
1994; 62 FR 64656, Dec. 8, 1997]