[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: 40CFR264.18]

[Page 226]
 
                   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. 264.18  Location standards.

    (a) Seismic considerations. (1) Portions of new facilities where 
treatment, storage, or disposal of hazardous waste will be conducted 
must not be located within 61 meters (200 feet) of a fault which has had 
displacement in Holocene time.
    (2) As used in paragraph (a)(1) of this section:
    (i) ``Fault'' means a fracture along which rocks on one side have 
been displaced with respect to those on the other side.
    (ii) ``Displacement'' means the relative movement of any two sides 
of a fault measured in any direction.
    (iii) ``Holocene'' means the most recent epoch of the Quarternary 
period, extending from the end of the Pleistocene to the present.

[Comment: Procedures for demonstrating compliance with this standard in 
part B of the permit application are specified in Sec. 270.14(b)(11). 
Facilities which are located in political jurisdictions other than those 
listed in appendix VI of this part, are assumed to be in compliance with 
this requirement.]

    (b) Floodplains. (1) A facility located in a 100-year floodplain 
must be designed, constructed, operated, and maintained to prevent 
washout or any hazardous waste by a 100-year flood, unless the owner or 
operator can demonstrate to the Regional Administrator's satisfaction 
that:
    (i) Procedures are in effect which will cause the waste to be 
removed safely, before flood waters can reach the facility, to a 
location where the wastes will not be vulnerable to flood waters; or
    (ii) For existing surface impoundments, waste piles, land treatment 
units, landfills, and miscellaneous units, no adverse effects on human 
health or the environment will result if washout occurs, considering:
    (A) The volume and physical and chemical characteristics of the 
waste in the facility;
    (B) The concentration of hazardous constituents that would 
potentially affect surface waters as a result of washout;
    (C) The impact of such concentrations on the current or potential 
uses of and water quality standards established for the affected surface 
waters; and
    (D) The impact of hazardous constituents on the sediments of 
affected surface waters or the soils of the 100- year floodplain that 
could result from washout.

[Comment: The location where wastes are moved must be a facility which 
is either permitted by EPA under part 270 of this chapter, authorized to 
manage hazardous waste by a State with a hazardous waste management 
program authorized under part 271 of this chapter, or in interim status 
under parts 270 and 265 of this chapter.]

    (2) As used in paragraph (b)(1) of this section:
    (i) ``100-year floodplain'' means any land area which is subject to 
a one percent or greater chance of flooding in any given year from any 
source.
    (ii) ``Washout'' means the movement of hazardous waste from the 
active portion of the facility as a result of flooding.
    (iii) ``100-year flood'' means a flood that has a one percent chance 
of being equalled or exeeded in any given year.

[Comment: (1) Requirements pertaining to other Federal laws which affect 
the location and permitting of facilities are found in Sec. 270.3 of 
this chapter. For details relative to these laws, see EPA's manual for 
SEA (special environmental area) requirements for hazardous waste 
facility permits. Though EPA is responsible for complying with these 
requirements, applicants are advised to consider them in planning the 
location of a facility to help prevent subsequent project delays.]

    (c) Salt dome formations, salt bed formations, underground mines and 
caves. The placement of any noncontainerized or bulk liquid hazardous 
waste in any salt dome formation, salt bed formation, underground mine 
or cave is prohibited, except for the Department of Energy Waste 
Isolation Pilot Project in New Mexico.

[46 FR 2848, Jan. 12, 1981, as amended at 47 FR 32350, July 26, 1982; 48 
FR 14294, Apr. 1, 1983; 48 FR 30115, June 30, 1983; 50 FR 4514, Jan. 31, 
1985; 50 FR 28746, July 15, 1985; 52 FR 46963, Dec. 10, 1987]