Special requirements for ignitable or reactive waste.

Ignitable or reactive waste must not be placed in a surface impoundment, unless the waste and impoundment satisfy all applicable requirements of 40 CFR part 268, and: (a) The waste is treated, rendered, or mixed before or immediately after placement in the impoundment so that: (1) The resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under § 261.21 or § 261.23 of this chapter; and (2) Section 265.17(b) is complied with; or (b)(1) The waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react; and (2) The owner or operator obtains a certification from a qualified chemist or engineer that, to the best of his knowledge and opinion, the design features or operating plans of the facility will prevent ignition or reaction; and (3) The certification and the basis for it are maintained at the facility; or (c) The surface impoundment is used solely for emergencies. [50 FR 16048, Apr. 23, 1985, as amended at 55 FR 22685, June 1, 1990; 71 FR 40275, July 14, 2006]