of RCRA and § 270.10 of

this Chapter, until final administrative disposition of their permit application is made. and to those owners and operators of facilities in existence on November 19, 1980, who have failed to provide timely notification as required by Section 3010(a) of RCRA. and/or failed to file Part A of the Permit Application as required by 40 CFR § 270.10 (e) and (g). These standards apply to all treatment, storage, or disposal of hazardous waste at these facilities after the effective date of these regulations. except as specifically provided otherwise in this Part or Part 261 of this Chapter. (Comment: As stated in Section 3005(a) of RCRA, after the effective date of regulations under that Section. i.e., Parts 270 and 124 of this Chapter. the treatment. storage. or disposal of hazardous waste is prohibited except in accordance with a permit. Section 3005(e) of RCRA provides for the continued operation of an existing facility which meets certain conditions until final administrative disposition of the owner's and operator's permit application is made.] (c) The requirements of this Part do not apply to: (1) A person disposing of hazardous waste by means of ocean disposal subject to a permit issued under the Marine Protection, Research, and Sanctuaries Act; [Comment: These Part 265 regulations do apply to the treatment or storage of hazardous waste before it is loaded onto an ocean vessel for incineration or disposal at sea. as provided in paragraph (b) of this Section.] (2) A person disposing of hazardous waste by means of underground injection subject to a permit issued under an Underground Injection Control (UIC) program approved or promulgated under the Safe Drinking Water Act; [Comment: These Part 265 regulations do apply to the aboveground treatment or storage of hazardous waste before it is injected underground. These Part 265 regulations also apply to the disposal of hazardous waste by means of underground injection, as provided in paragraph (b) of this Section. until final administrative disposition of a person's permit application is made under RCRA or under an approved or promulgated UIC program.] (3) The owner or operator of a POTW which treats, stores, or disposes of hazardous waste; [Comment: The owner or operator of a facility under paragraphs [c)(1) through (c)(3) of this Section is subject to the requirements of Part 264 of this Chapter to the extent they are included in a permit by rule granted to such a person under Part 270 of this Chapter, or are required by $144.14 of this Chapter.) comment amended by 48 FR 14153, April 1, 1983] (4) A person who treats, stores, or disposes of hazardous waste in a State with a RCRA hazardous waste program authorized under Subparts A and B of Part 271 of this Chapter, except that the requirements of this Part will continue 10 apply as stated in paragraph (c)(2) of this Section, if the authorized State RCRA program does not cover disposal of hazardous waste by means of underground injection; [265.1(c)(4) amended by 48 FR 14153, April 1, 1983] (5) The owner or operator of a facility permitted. licensed, or registered by a State to manage municipal or industrial solid waste, if the only hazardous waste the facility treats, stores, or disposes of is excluded from regulation under this Part by § 261.5 of this Chapter: (6) The owner or operator of & facility which treats or stores hazardous waste, which treatment or storage meets the criteria in $ 261.6(a) of this Chapter. except to the extent that $ 261.6(b) of this Chapter provides otherwise; (7) A generator accumulating waste on-site in compliance with $ 262.34 of this Chapter, except to the extent the requirements are included in § 262.34 of this Chapter. [Sec. 265.1(c)(7)] 12-30-83 Published by THE BUREAU OF NATIONAL AFFAIRS. INC., Washington, D.C. 20037 161:2054 (8) A farmer disposing of waste pesticides from his own use in compliance with $ 262.51 of this Chapter. or (9) The owner or operator of a totally enclosed treatment facility, as defined in § 260.10. (10) The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in $260.10 of this chapter. [Editor's note: EPA intended to remove the following version of 264.1(g)(8) and replace it with a new subparagraph (g)(8) adopted January 19, 1983 (48 FR 2511). However, the agency failed to delete officially this superseded text: (11) Persons with respect to those activities which are carried out to immediately contain or treat a spill of hazardous waste or material which. when spilled. becomes a hazardous waste. except that. with respect to such activities, the appropriate requirements of Subpart C and D of this Part are applicable to owners and operators of treatment, storage and disposal facilities otherwise subject to this Part. [Comment: This paragraph only applies 10 activities taken in immediate response to a spill. After the immediate response activities are completed. the regulations of this Chapter apply fully to the management of any spill residue or debris which is a hazardous waste under Part 261.] [The second 265.1(c)(11) added by 48 FR 2511, January 19, 1983. See editor's note above.] (11)(i) Except as provided in paragraph (c)(11)(ii) of this Section. a person engaged in treatment or containment activities during immediate response to any of the following situations: (A) A discharge of a hazardous waste; (B) An imminent and substantial threat of a discharge of a hazardous waste; (C) A discharge of a material which, when discharged, becomes a hazardous waste. (ii) An owner or operator of a facility otherwise regulated by this Part must comply with all applicable requirements of Subparts C and D. (iii) Any person who is covered by paragraph (c)(11)(i) of this Section and who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this Part and Parts 122-124 of this chapter for those activities. (12) A transporter storing manifested shipments of hazardous waste in containers meeting the requirements of 40 CFR $262.30 at a transfer facility for a period of ten days or less. (13) The addition of absorbent material to waste in a container (as defined in $260.10 of this chapter) or the addition of waste to the absorbent material in a container provided that these actions OCcur at the time waste is first placed in the containers; and §§265.17(b), 265.171, and 265.172 are complied with. [265.1(c)(13) added by 47 FR 8306, February 25. 1982] §§ 265.2-265.3 [Reserved] § 265.4 Imminent hazard action. Notwithstanding any other provisions of these regulations, enforcement actions may be brought pursuant to