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FAQ: What are the Requirements of 40 CFR 265.17(b)?

FAQ: What are the Requirements of 40 CFR 265.17(b)?

EPA regulations at 40 CFR 265.17 contain the General Requirements for Ignitable, Reactive, or Incompatible Wastes.  They may apply to both generators of hazardous waste (large quantity generators and small quantity generators) and to hazardous waste Treatment, Storage, and Disposal Facilities (TSDFs).

40 CFR 265.17(b) reads:

(b) Where specifically required by other sections of this part, the treatment, storage, or disposal of ignitable or reactive waste, and the mixture or commingling of incompatible wastes, or incompatible wastes and materials, must be conducted so that it does not:

(1) Generate extreme heat or pressure, fire or explosion, or violent reaction;

(2) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health;

(3) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;

(4) Damage the structural integrity of the device or facility containing the waste; or

(5) Through other like means threaten human health or the environment.

This regulation is used as a means to permit the management of incompatible wastes – or incompatible waste/material combinations – when not allowed by EPA regulation as long as the responsible party is able to ensure the above conditions will be met.

An example of its use is found in the regulations applicable to a small quantity generator of hazardous waste (SQG) at 40 CFR 262.16(b)(2)(v):

(v) Special conditions for accumulation of incompatible wastes. (A) Incompatible wastes, or incompatible wastes and materials, (see appendix V of part 265 for examples) must not be placed in the same container, unless §265.17(b) of this chapter is complied with.

(B) Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material (see appendix V of part 265 for examples), unless §265.17(b) of this chapter is complied with.

Emphasis added

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In sum:

Don’t blow yourself up when managing incompatible wastes.

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