---
kind: "section"
citation: "40 C.F.R. § 265.229"
title: "40"
number: "265.229"
heading: "Special requirements for ignitable or reactive waste."
url: "https://uscodex.org/cfr/40/265.229"
---

# §265.229. 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](/cfr/40/part268.md), 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](/cfr/40/261.21.md) or [§ 261.23](/cfr/40/261.23.md) of this chapter; and
  - (2) [Section 265.17(b)](/cfr/40/265.17.md?p=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.**

## Notes

### Amendments

[50 FR 16048, Apr. 23, 1985, as amended at 55 FR 22685, June 1, 1990; 71 FR 40275, July 14, 2006]

### Authority

Authority: 42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925, 6935, 6936, 6937, and 6939g.

### Source

Source: 45 FR 33232, May 19, 1980, unless otherwise noted.

### Amendments

[50 FR 16048, Apr. 23, 1985, as amended at 55 FR 22685, June 1, 1990; 71 FR 40275, July 14, 2006]