The regulations of 40 CFR 265.17, like all of those in Part 265, apply primarily to hazardous waste treatment, storage, and disposal facilities (TSDFs).  However, there are several places in the hazardous waste regulations (USEPA & authorized states) where the regulations of Part 265 are applicable to both Large Quantity Generators and Small Quantity Generators of hazardous waste, LQGs & SQGs, respectively.  Examples of this include, but are not limited to:

• The reference to 40 CFR 265, Subpart I from §262.34(a)(1)(i) applicable to LQGs.
  
• The reference to 40 CFR 265, Subpart C from §262.34(a)(4) applicable to LQGs.
• The reference to 40 CFR 265, Subpart I from §262.34(d)(2) applicable to SQGs.

In this case, compliance with §265.17 is required for an SQG who accumulates hazardous waste in tanks.  An understanding of the requirements of this section will therefore be helpful to all generators of hazardous waste.

First, let’s be certain we understand the terms used in these regulations:

• Ignitable – A waste that exhibits the hazardous characteristic of Ignitability as detailed at §261.21 and assigned the hazardous waste code of D001.
• Reactive – A waste that exhibits the hazardous characteristic of Reactivity as detailed at §261.23 and assigned the hazardous waste code of D003.
• Per §260.10, Incompatible waste means a hazardous waste which is unsuitable for:(1) Placement in a particular device or facility because it may cause corrosion or decay of containment materials (e.g., container inner liners or tank walls); or(2) Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases.(See appendix V of parts 264 and 265 of this chapter for examples.)

Note that unlike the first two, incompatible waste does not exhibit specific characteristics (ie. Ignitability, Corrosivity, Reactivity, or Toxicity) but instead is defined by what it may do in certain conditions.  As you review the remainder of the requirements of this regulation, be careful to take note of references to ignitable & reactive waste vs. incompatible waste.

Now, let’s look more closely at what §265.17 requires.  It isn’t uncommon, as they do here, for regulations to contain general statements that lack clear guidance as to how to comply, but instead give you an idea of the USEPA’s intent;  so, the section begins thusly:

The owner or operator must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste.

To accomplish this, then, the regulations require separation and protection of these wastes from sources of ignition.  Note that no set distance is specified, it is up to you to determine what is adequate.  Sources of ignition or reaction include, but are not limited to:

• Open flames
• Smoking
• Cutting and welding
• Hot surfaces
• Frictional heat
• Sparks (static, electrical, or mechanical)
• Spontaneous ignition (e.g., from heat-producing chemical reactions)
• Radiant heat

While ignitable or reactive waste is being handled the owner or operator must confine smoking and open flame (the first two of the identified sources of ignition or reaction) to specially designated locations.

Further, “No Smoking” signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.

If other sections of 40 CFR 265 specifically require any of the following…

• The treatment, storage, or disposal of ignitable or reactive waste, or;
• The mixture or commingling of incompatible wastes, or incompatible wastes and materials.

…it must be conducted so that it does not cause any of the following:

• Generate extreme heat or pressure, fire or explosion, or violent reaction.
• Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health.
• Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions.
• Damage the structural integrity of the device or facility containing the waste.
• Through other like means threaten human health or the environment.

The regulations of 40 CFR 265.17 are likely not something you frequently come across as a generator of hazardous waste.  However, it is possible that your hazardous waste operations, either current, proposed, or planned, may require compliance with this rather subjective regulation.  Be certain that you are in compliance.

My training seminars are a great way to stay informed of the regulations of the USEPA and your state regarding the generation, management, and off-site disposal of hazardous waste.  Please don’t hesitate to contact me with any questions about the RCRA regulations.