[Federal Register Volume 61, Number 127 (Monday, July 1, 1996)]
[Rules and Regulations]
[Pages 34140-34200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16576]
[[Page 34139]]
_______________________________________________________________________
Part III
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 63
National Emission Standards for Hazardous Air Pollutants: Off-Site
Waste and Recovery Operations; Final Rule
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules
and Regulations
[[Page 34140]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-5516-7]
RIN 2060-AE05
National Emission Standards for Hazardous Air Pollutants: Off-
Site Waste and Recovery Operations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This action promulgates National Emission Standards for
Hazardous Air Pollutants (NESHAP) under the authority of Section 112 of
the Clean Air Act for off-site waste and recovery operations that emit
hazardous air pollutants (HAP). The NESHAP applies to specific types of
facilities that are determined to be major sources of HAP emissions and
receive certain wastes, used oil, and used solvents from off-site
locations for storage, treatment, recovery, or disposal at the
facility. The rule requires use of maximum achievable control
technology (MACT) to reduce HAP emissions from tanks, surface
impoundments, containers, oil-water separators, individual drain
systems and other material conveyance systems, process vents, and
equipment leaks.
The final rule is estimated to reduce HAP emissions from the source
category by approximately 82 percent or 43,000 megagrams per year
(47,000 tons per year). In addition, application of MACT required by
this rule will achieve similar levels of reduction in volatile organic
compounds (VOC) emissions from the source category. The human health
effects associated with exposure to the HAP emissions can range from
mild to severe and may include reduction of lung function, respiratory
irritation, and neurotoxic effects. Similarly, emissions of VOC are
associated with a variety of adverse health and welfare impacts.
The HAP and VOC emissions reductions achieved by implementing this
rule in combination with similar rules will achieve the primary Clean
Air Act goal to ``enhance the quality of the Nation's air resources so
as to promote the public health and welfare and productive capacity of
its population.'' The intent of this final rule is to protect public
health by requiring the maximum degree of reduction of HAP emissions
from new and existing sources, taking into consideration the cost of
achieving such emission reduction; any non air quality, health, and
environmental impacts; and energy requirements.
EFFECTIVE DATE: July 1, 1996. See the Supplementary Information section
concerning judicial review.
ADDRESSES: Docket. The docket for this rulemaking containing the
information considered by the EPA in development of the final rule is
Docket No. A-92-16. This docket is available for public inspection
between 8:00 a.m. and 4:00 p.m., Monday through Friday except for
Federal holidays, at the following address: U.S. Environmental
Protection Agency, Air and Radiation Docket and Information Center (MC-
6102), 401 M Street SW, Washington, D.C. 20460; telephone: (202) 260-
7548. The docket is located at the above address in Room M-1500,
Waterside Mall (ground floor). A reasonable fee may be charged for
copying.
Basis and Support Document. A basis and support document, titled
``National Emission Standards for Hazardous Air Pollutants, Off-Site
Waste and Recovery Operations--Basis and Support for Final Standards,''
has been prepared summarizing the significant public comments made on
the proposed rule and the Administrator's response to those comments.
This document is available in the docket for this rulemaking, and also
is available for downloading from the Technology Transfer Network (see
below) under the Clean Air Act Amendments, Recently Signed Rules.
Technology Transfer Network. The Technology Transfer Network is one
of the EPA's electronic bulletin boards. The Technology Transfer
Network provides information and technology exchange in various areas
of air pollution control. The service is free except for the cost of a
phone call. Dial (919) 541-5472 for up to a 14,400 bps modem. If more
information on the Technology Transfer Network is needed call the HELP
line at (919) 541-5384.
FOR FURTHER INFORMATION CONTACT: For information concerning
applicability and rule determinations, contact the appropriate regional
representative:
Region I: Greg Rosco, Air Programs Compliance Branch Chief, U.S. EPA,
Region I, ASO, JFK Federal Building, Boston, MA 02203, (617) 565-3221
Region II: Kenneth Eng, Air Compliance Branch Chief, U.S. EPA, Region
II, 290 Broadway, New York, NY 10007-1866, (212) 637-4000
Region III: Bernard Turlinski, Air Enforcement Branch Chief, U.S. EPA,
Region III, 3AT10, 841 Chestnut Building, Philadelphia, PA 19107, (215)
597-3989
Region IV: Jewell A. Harper, Air Enforcement Branch, U.S. EPA, Region
IV, 345 Courtland Street, N.E., Atlanta, GA 30365, (404) 347-2904
Region V: George T. Czerniak, Jr., Air Enforcement Branch Chief, U.S.
EPA, Region V, 5AE-26, 77 West Jackson Street, Chicago, IL 60604, (312)
353-2088
Region VI: John R. Hepola, Air Enforcement Branch Chief, U.S. EPA,
Region VI, 1445 Ross Avenue, Suite 1200, Dallas, TX 75202-2733, (214)
655-7220
Region VII: Royan Teeter, Air Planning and Development Branch, U.S.
EPA, Region VII, 726 Minnesota Avenue, Kansas City, KS 66101, (913)
551-7609
Region VIII: Douglas M. Skie, Air and Technical Operations Branch
Chief, U.S. EPA, Region VIII, 999 18th Street, Suite 500, Denver, CO
80202-2466, (303) 312-6432
Region IX: Colleen W. McKaughan, Air Compliance Branch Chief, U.S. EPA,
Region IX, 75 Hawthorne Street, San Francisco, CA, (415) 744-1198
Region X: Chris Hall, Air and Radiation Branch, U.S. EPA, Region X,
OAQ-107, 1200 Sixth Avenue, Seattle, WA 98101, (206) 553-1949
For information concerning the analyses performed in developing
this rule, contact Ms. Michele Aston, Waste and Chemical Processes
Group, Emission Standards Division (MD-13), U.S. Environmental
Protection Agency, Research Triangle Park, North Carolina, 27711,
telephone number (919) 541-2363.
SUPPLEMENTARY INFORMATION:
Regulated Entities
Entities potentially regulated by this action include the following
types of facilities if the facility receives off-site material, as
defined in the rule, and the facility is determined to be a major
source of HAP emissions as defined in 40 CFR 63.2.
[[Page 34141]]
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Category Examples of regulated entities
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Industry............................... Businesses that operate any of the following: hazardous waste
treatment, storage, and disposal facilities (TSDF); RCRA exempt
hazardous wastewater treatment facilities; nonhazardous wastewater
treatment facilities other than publicly-owned treatment works; used
solvent recovery plants; RCRA exempt hazardous waste recycling
operations; used oil re-refineries.
Federal Government..................... Federal agency facilities that operate any of the waste management or
recovery operations that meet the description of the entities listed
under the ``Industry'' category in this table.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that the EPA is now
aware could potentially be regulated by this action. Other types of
entities not listed in the table could also be regulated. To determine
whether your facility is regulated by the action, you should carefully
examine the applicability criteria in Sec. 63.680 of the rule. If you
have questions regarding the applicability of this action to a
particular entity, consult the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
Judicial Review
The NESHAP for off-site waste and recovery operations was proposed
in the Federal Register on October 13, 1994 (59 FR 51913). This Federal
Register action announces the EPA's final decisions on the rule. Under
section 307(b)(1) of the Act, judicial review of the NESHAP is
available only by the petition for review in the U.S. Court of Appeals
for the District of Columbia Circuit within 60 days of today's
publication of this final rule. Under section 307(b)(2) of the Act, the
requirements that are the subject of today's notice may not be
challenged later in civil or criminal proceedings brought by the EPA to
enforce these requirements.
The following outline is provided to aid in reading this preamble
to the final rule.
I. Background
A. Section 112 Statutory Requirements
B. Listing of Source Category
C. Public Participation in Rule Development
D. Relationship of Rule to Other EPA Regulatory Actions
II. Basis and Purpose
A. Purpose of Regulation
B. Source Category Description
C. Definition of Affected Sources
D. MACT Floor Determination
E. Format of Standards
F. Unit-Specific Subparts
G. Alternative Test Validation Method
III. Summary of Impacts
IV. Summary of Responses to Major Comments
V. Summary of Changes Since Proposal
VI. Administrative Requirements
A. Docket
B. Paperwork Reduction Act
C. Executive Order 12866
D. Regulatory Flexibility Act
E. Unfunded Mandates
F. Review
VII. Statutory Authority
I. Background
A. Section 112 Statutory Requirements
Section 112 of the Clean Air Act (Act) regulates stationary sources
of hazardous air pollutants (HAP). This section of the Act was
comprehensively amended under Title III of the 1990 Amendments to the
Clean Air Act (1990 Amendments). In the 1990 Amendments, Congress
listed 189 chemicals, compounds, or groups of chemicals as HAP. The EPA
is directed by the 1990 Amendments to regulate the emission of these
HAP from stationary sources by establishing national emission standards
(i.e., National Emission Standards for Hazardous Air Pollutants or
NESHAP).
Each NESHAP for a specific source category is technology-based and
is developed based on application of Maximum Achievable Control
Technology (MACT). Section 112(d)(2) of the 1990 Amendments defines
MACT as ``* * * the maximum degree of reduction in emissions of the HAP
* * * that the Administrator, taking into consideration the cost of
achieving such emission reduction, and any nonair quality health and
environmental impacts and energy requirements, determines is achievable
for new or existing sources in the category or subcategory to which
such emission standard applies * * *.''
B. Listing of Source Category
Section 112(c) of the 1990 Amendments required the EPA to develop
and publish a list of source categories that emit HAP for which NESHAP
will be developed. This list is required under Section 112 to include
all known categories and subcategories of ``major sources.'' The term
``major source'' is defined by the Act to mean ``any stationary source
or group of stationary sources located within a contiguous area and
under common control that emits or has the potential to emit,
considering controls, in the aggregate 10 tons per year (ton/yr) or
more of any HAP or 25 ton/yr or more of any combination of HAP.''
The EPA published its initial list of HAP emission source
categories in the Federal Register on July 16, 1992 (57 FR 31576). On
this list, the EPA included one source category which the Agency
intended to represent those waste management and recovery operations
that would not be subject to air standards under other listed NESHAP
source categories. This source category was titled on the initial list
as ``solid waste treatment, storage, and disposal facilities.'' After
publication of the initial source category list, the EPA decided that
it was appropriate to change the title of the NESHAP source category to
better reflect the types of operations for which the EPA intended to
establish air standards under a NESHAP for the source category.
Therefore at proposal, the EPA changed the title of the source category
subject to ``off-site waste and recovery operations'' (see 59 FR 51918,
October 13, 1994).
For the purpose of developing the rules for this source category,
the term ``off-site'' is used in the context that the source category
represents those waste management and recovery operations which receive
material delivered, transferred, or otherwise moved to the plant or
facility where the operation is located from a separate site. In other
words, the material placed in the waste management or recovery
operation is not produced or generated at the same site where the
operation is located.
C. Summary of Public Participation in Rule Development
The EPA published an advance notice of proposed rulemaking (ANPR)
in the Federal Register on December 20, 1993 (58 FR 66336) to inform
owners and operators of the potentially affected waste management and
recovery operations and the general public of the planned scope of this
NESHAP rulemaking. In the ANPR, the EPA requested information that
would aid the Agency in the development of the rule. A 30-day comment
period, from December 20, 1993 to January 19, 1994 was provided for
interested parties to submit comments on the ANPR. The comments
received by the EPA were
[[Page 34142]]
considered in developing the proposed rule.
The EPA proposed the Off-Site Waste and Recovery Operations NESHAP
on October 13, 1994 (refer to 59 FR 51913). A proposed regulatory text
for the rule and the background information document (BID) (EPA-453/R-
94-070a) that presented information used in the development of the
proposed rule was made available to the public for review and comment.
A 90-day comment period from October 13, 1994 to January 11, 1995 (an
initial 60 days plus a 30-day extension) was provided to accept written
comments from the public on the proposed rule. The opportunity for a
public hearing was provided to allow interested persons to present oral
comments to the EPA on the rulemaking. However, the EPA did not receive
a request for a public hearing, so a public hearing was not held.
A total of 89 comment letters regarding the proposed Off-Site Waste
and Recovery Operations NESHAP were received by the EPA. A copy of each
comment letter is available for public inspection in the docket for the
rulemaking (Docket No. A-92-16; see the ADDRESSES section of this
notice for information on inspecting the docket). The EPA received 70
letters containing specific comments on the proposed Off-Site Waste and
Recovery Operations NESHAP. The other 19 letters were regarding
extension of the public comment period and requests for copies of the
regulatory text. The EPA has had extensive follow-up discussions with
various commenters regarding specific issues initially raised in their
written comments that were submitted to the Agency during the comment
period. Copies of correspondence and other information exchanged
between the EPA and the commenters during the post-comment period are
available for public inspection in the docket for the rulemaking.
All of the comments received by the EPA were reviewed and carefully
considered by the Agency. Changes to the rule were made when the EPA
determined it to be appropriate. A summary of the EPA's responses to
selected major comments on the proposed rule is presented in Section IV
of this notice. Additional responses to comments are presented in the
basis and support document described in the ADDRESSES section of this
notice.
D. Relationship of Rule to Other EPA Regulatory Actions
1. Clean Air Act
Owners and operators of sites at which are located waste management
and recovery operations that are subject to Off-Site Waste and Recovery
Operations NESHAP may also be subject to another NESHAP because of
other operations conducted at the site. For example, a waste management
or recovery operation receiving materials from off-site may be located
at a synthetic organic chemical manufacturing plant that is subject to
40 CFR 63 subparts F, G, and H--National Emission Standards for Organic
Hazardous Air Pollutants from the Synthetic Organic Chemical
Manufacturing Industry (referred to hereafter in this notice as the
``HON'') or at a petroleum refinery that is subject to 40 CFR 63
subpart CC--National Emission Standards for Organic Hazardous Air
Pollutants from Petroleum Refineries. At plants subject to both the
Off-Site Waste and Recovery Operations NESHAP and another NESHAP, the
Off-Site Waste and Recovery Operations NESHAP applies only to those
specific waste management or recovery operations listed in the rule
that receive off-site material. The Off-Site Waste and Recovery
Operations NESHAP does not apply to other units or equipment components
at the site that are not part of the waste management and recovery
operations specified in the rule.
Some NESHAP already regulate air emissions from the off-site
management of certain wastes containing HAP. To avoid duplication of
requirements in these cases, the Off-Site Waste and Recovery Operations
NESHAP does not apply to waste management units that either receive
waste from units complying with all applicable regulations under the
HON, or receive waste from units complying with all applicable
requirements specified by Sec. 61.342(b) under 40 CFR 61 subpart FF--
National Emission Standards for Benzene Waste Operations for a plant at
which the total annual benzene quantity is greater than or equal to 10
Mg/yr.
2. Resource Conservation and Recovery Act
The EPA establishes rules for the management of solid wastes under
authority of the Resource Conservation and Recovery Act (RCRA). Under
authority of subtitle C of RCRA, the EPA has established rules in 40
CFR parts 260 through 271 regulating the management of solid wastes
determined to be hazardous waste. Municipal solid wastes and other
types of nonhazardous solid wastes are regulated by rules established
under authority of subtitle D of RCRA in 40 CFR Parts 257 and 258.
The Clean Air Act requires that the requirements of rules developed
under the Act be consistent, but avoid duplication, with requirements
of rules developed under RCRA. The final Off-Site Waste and Recovery
Operations NESHAP includes several provisions to ensure that this
directive of the Act is met. First, certain types of wastes regulated
under RCRA are excluded outright from the definition of ``off-site
material'' used to determine the applicability of the Off-Site Waste
and Recovery Operation NESHAP. These wastes include household waste as
defined in 40 CFR 258.2; waste that is generated by remedial activities
required under the RCRA corrective action authorities (RCRA section
3004(u), 3004(v), or 3008(h)), CERCLA authorities, or similar Federal
or State authorities; and radioactive mixed waste.
The EPA also is fully aware that at some sites managing hazardous
wastes not generated onsite, the owner and operator of a hazardous
waste treatment, storage, and disposal facility (TSDF) could be subject
to both the Off-Site Waste and Recovery Operations NESHAP and RCRA air
rules under subparts AA, BB, and CC of 40 CFR parts 264 and 265. At a
particular TSDF, some waste management units may be required to use air
emission controls under one or the other, but not both, the Off-Site
Waste and Recovery Operations NESHAP and the RCRA rules. However, some
other waste management units could be subject to using air emission
controls to comply with both sets of rules. It is unnecessary for
owners and operators of those waste management units subject to air
standards under both sets of rules to perform duplicative testing and
monitoring, keep duplicate sets of records, or perform other
duplicative actions. The EPA has decided that the best way to eliminate
any regulatory overlap is to amend the RCRA rules to exempt units that
are using air emission controls in accordance with the requirements of
Off-Site Waste and Recovery Operations NESHAP or any other applicable
NESHAP. The EPA therefore plans to amend the RCRA rules this summer and
expects that these revisions will be finalized prior to the effective
dates of both rules.
3. Pollution Prevention Act
The Pollution Prevention Act of 1990 (42 U.S.C. 13101 et seq., Pub.
L. 101-508, November 5, 1990) establishes the national policy of the
United States for pollution prevention. This act declares that: (1)
Pollution should be prevented or reduced whenever feasible; (2)
pollution that cannot be prevented or reduced should be recycled or
reused in
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an environmentally-safe manner wherever feasible; (3) pollution that
cannot be recycled or reused should be treated; and (4) disposal or
release into the atmosphere should be chosen only as a last resort.
Opportunities for applying pollution prevention to the Off-Site
Waste and Recovery Operations NESHAP are basically limited to treatment
to remove HAP (e.g., treatment of waste prior to its disposal). The
off-site waste and recovery operations source category consists only of
operations used to manage certain materials that have already been
generated at other locations such as a manufacturing plant. Thus, there
are no pollution prevention practices such as modifying the
manufacturing process to reduce the quantity of HAP contained in
materials or to recycle the materials back to the process which can be
implemented once the material arrives at a site at which waste
management and recovery operations subject to the NESHAP are located.
The EPA has incorporated the pollution prevention policy into the
NESHAP by requiring off-site materials be treated to remove or destroy
HAP prior to management in units open directly to the environment.
Thus, to the extent possible, pollution prevention has been considered
in the development of this rulemaking. The Off-Site Waste and Recovery
Operations NESHAP is consistent with the pollution prevention policy.
II. Basis and Purpose
A. Purpose of Regulation
The Clean Air Act was created in part ``to protect and enhance the
quality of the Nation's air resources so as to promote the public
health and welfare and the productive capacity of its population'' [Act
section 101(b)(1)]. Title III of the 1990 Amendments establishes a
control technology-based program to reduce stationary source emissions
of HAP. The goal of section 112(d) of the 1990 Amendments is to apply
such control technology to reduce emissions and thereby reduce the
hazard of the HAP emitted from stationary sources.
This final rule is technology-based (i.e., based on application of
MACT to off-site waste and recovery operations). The Clean Air Act
strategy avoids the dependence on a risk-based approach which would be
limited by incomplete information on what HAP are emitted, what level
of emissions is occurring, what health and safety benchmarks are
available to assess risk, what health effects may be caused by certain
pollutants and how best to model these effects, among other things.
Because of these issues a quantitative risk assessment of the potential
effects from the HAP emitted from off-site waste and recovery
operations is not included in this rulemaking.
The EPA does recognize that the degree of adverse effects to health
can range from mild to severe. The extent and degree to which the
health effects may be experienced is dependent upon: (1) The ambient
concentrations observed in the area; (2) duration of exposures; and (3)
characteristics of exposed individuals (e.g., genetics, age,
preexisting health conditions, and lifestyle) which vary significantly
with the population. Some of these factors are also influenced by
source-specific characteristics (e.g., emission rates and local
meteorological conditions) as well as pollutant specific
characteristics such as toxicity.
On a nationwide basis, the off-site waste and recovery operations
at the facilities regulated by this rule emit significant quantities of
organic HAP. Implementation of Off-Site Waste and Recovery Operations
NESHAP will result in substantial reductions of these organic HAP
emissions to the atmosphere. The final Off-Site Waste and Recovery
Operations NESHAP will require control of material streams containing 1
or more of 98 specified compounds listed in Table 1 of the rule. This
table is subset of the 189 HAP compounds listed in the Clean Air Act.
Following is a summary of the potential health and environmental
effects associated with exposures, at some level, to the emitted
pollutants that would be reduced by this NESHAP.
The range of potential human health effects associated with
exposure to organic HAP include cancer, aplastic anemia, pulmonary
(lung) structural changes, dyspnea (difficulty in breathing), upper
respiratory tract irritation with cough, conjunctivitis, and neurotoxic
effects (e.g., visual blurring, tremors, delirium, unconsciousness,
coma, convulsions). The EPA estimates that implementation of the Off-
Site Waste and Recovery Operations NESHAP will reduce nationwide
organic HAP emissions by approximately 43,000 megagrams per year (Mg/
yr). Thus, this rule has the potential for providing both cancer and
noncancer related health benefits.
By requiring facilities to reduce organic HAP emitted from off-site
waste and recovery operations, today's rule will also reduce emissions
of volatile organic compounds (VOC). Many VOC react photochemically
with nitrogen oxides in the atmosphere to form tropospheric ozone. A
number of factors affect the degree to which VOC emission reductions
will reduce ambient ozone concentrations.
Human laboratory and community studies have shown that exposure to
tropospheric ozone levels that exceed the National Ambient Air Quality
Standards (NAAQS) can result in various adverse health impacts such as
alterations in lung capacity; eye, nose, and throat irritation; and
aggravation of existing respiratory disease. Animal studies have shown
increased susceptibility to respiratory infection and lung structure
changes.
Among the welfare impacts from exposure to tropospheric ozone
levels that exceed the ozone NAAQS are damage to selected commercial
timber species and economic losses for commercially valuable crops such
as soybeans and cotton. Studies have shown that exposure to ozone can
disrupt carbohydrate production and distribution in plants. The
reduction in carbohydrate production and allocation can lead to reduced
root growth, reduced biomass or yield, reduced plant vigor (which can
cause increased susceptibility to attack from insects and disease and
damage from cold) and diminished ability to successfully compete with
more tolerant species. These effects have been observed in native
vegetation in natural ecosystems as well as for selected number of
commercial trees and agricultural crops that have been studied.
Although the final Off-Site Waste and Recovery Operations NESHAP
does not specifically require control of VOC emissions, the organic
emission control technologies upon which the final rule is based also
significantly reduce VOC emissions from the source category. The EPA
conservatively estimates that implementation of the Off-Site Waste and
Recovery Operations NESHAP will reduce nationwide VOC emissions from
the source category by 52,000 Mg/yr. Therefore, it is anticipated that
additional health and welfare benefits will be associated with this
reduction in VOC emissions.
B. Source Category Description
The final Off-Site Waste and Recovery Operations NESHAP only
applies to certain waste management and recovery operations at those
sites determined to ``major sources'' as defined in section 112(a)(1)
of the 1990 Amendments. This means those plants or facilities where the
stationary sources located within a contiguous area and under common
control emit or have the potential to emit, considering controls, in
total 10 ton/yr or more of any single HAP or 25 ton/yr or more of any
combination of
[[Page 34144]]
HAP. Waste management and recovery operations receiving materials from
off-site that are located at plants or facilities which are area
sources are not being regulated at this time. These area sources could
be considered at a future date by the EPA for regulation as part of the
area source strategy authorized under section 112(k) of the Act.
At proposal, the EPA identified the types of waste management and
recovery operations the Agency was considering for inclusion in the
off-site waste and recovery operations source category. In response to
public comments on the proposed rule and considering decisions made by
the Agency since proposal regarding other related rulemakings, the EPA
has reconsidered the types of waste management and recovery operations
to be regulated under the Off-Site Waste and Recovery Operations
NESHAP. The EPA reviewed information used for the source category
impact analysis at proposal and evaluated new information provided to
the Agency since proposal by commenters. As a result of this review,
the EPA decided that the final Off-Site Waste and Recovery Operations
NESHAP should not apply to owners and operators of certain operations
originally considered to be in the scope of the rulemaking. The
rationale for including or excluding specific waste management or
recovery operations in the final rule applicability is presented below.
Facilities where operations are conducted to treat, store, and
dispose of wastes determined to be hazardous wastes under RCRA may be
subject to organic air emission standards under 40 CFR parts 264 and
265. At these facilities, referred to under the RCRA rules as a
hazardous waste treatment, storage, and disposal facility (TSDF), a
RCRA hazardous waste may be generated at the same site where a TSDF is
located, or may be generated at one site and then transported to a TSDF
at a separate location. At TSDF where RCRA hazardous waste is received
from off-site, certain types of waste management units such as
wastewater treatment tanks and hazardous waste recycling units can be
exempted from the air standards specified in 40 CFR parts 264 and 265.
Many (but not all) TSDF are expected by the EPA to be located at sites
that are major sources of HAP emissions. Therefore, the EPA decided
that the final Off-Site Waste and Recovery Operations NESHAP be
applicable to hazardous waste TSDF as well as to sites where waste or
recovery operations managing hazardous waste are performed and the
entire operation is exempted under RCRA from the air standards in
subparts AA, BB, and CC under 40 CFR parts 264 and 265.
Wastewater treatment facilities are operated by public entities and
private companies throughout the United States for the treatment of
wastewaters other than those that are RCRA hazardous wastewaters.
Publicly owned treatment works (POTW) are not included in the off-site
waste operations source category because POTW are listed as a separate
NESHAP source category. A review of nationwide survey data by the EPA
indicates that privately-owned wastewater treatment plants are operated
at some locations in the United States for which the predominate
function performed at the site is to treat wastewaters received from
off-site. Although a wastewater may not be a RCRA hazardous waste, this
wastewater can still contain significant quantities of HAP. The EPA
concluded this group of wastewater treatment plants would not be
subject to other NESHAP and would likely include some individual
facilities that are major sources of HAP emissions.
Used oils from motor vehicles and other sources can contain HAP.
While the management of used oils which are recycled is regulated by
separate rules promulgated by the EPA under section 3014 of RCRA, these
RCRA rules do not specifically establish air standards for used oil
management operations. A major portion of the used oil is processed for
sale as fuel for burning in boilers, furnaces, and space heaters. The
remainder of the recycled used oil is sent to facilities categorized as
``used oil re-refiners.'' At these facilities the used oil is processed
into base lube oil stocks and other products. The EPA determined that
some used oil re-refining facilities are likely to be major sources of
HAP emissions. Consequently, the EPA decided that the final Off-Site
Waste and Recovery Operations NESHAP apply to operations that reprocess
or re-refine used oil and are subject to regulation under 40 CFR 279
subpart F-Standards for Used Oil Processors and Refiners.
Another recovery operation analogous to used oil re-refining
operations is solvent recovery operations. Organic solvents are used in
many types of businesses to clean oils, grease, dirt, or other foreign
matter from mechanical parts and like items. These used organic
solvents are often collected and reprocessed by a company for re-sale
as a product or for use by another company as a process feedstock. The
EPA expects that some solvent recovery operations could be major
sources of HAP emissions. Therefore, the EPA decided that the final
Off-Site Waste and Recovery Operations NESHAP be applicable to
operations that reprocess or re-refine used solvents except in
situations where the operation is not part of a chemical, petroleum, or
other manufacturing process that is required to use air emission
controls by another subpart of 40 CFR part 63.
Many landfill facilities operated in the United States are used for
disposal of waste received from off-site. Municipal solid waste (MSW)
landfills are not included in the off-site waste and recovery
operations source category because these facilities are listed as a
separate NESHAP source category. However, other landfill facilities
operate in the United States which are not MSW landfills and accept
only nonhazardous wastes. It is the EPA's understanding that landfills
used for disposal of construction/demolition debris do not accept
wastes containing significant amounts of organic HAP. One commeter
submitted to the EPA additional information regarding operations, waste
characterizations, and HAP emission estimates from industrial waste
landfills. The potential for some industrial waste landfills to be a
major source is possible due to special circumstances (e.g., accepting
predominately soils contaminated with organics). However, under current
operating practices, the EPA concluded that it is unlikely that any of
the existing industrial waste landfills nationwide is a major source of
HAP emissions. Therefore, the EPA decided that the final Off-Site Waste
and Recovery Operations NESHAP not be applicable to any landfill
facilities.
Some wastes generated during oil and gas exploration and production
(E&P) are subsequently transferred to operations at other locations for
centralized treatment or disposal. At proposal, the EPA identified
these centralized treatment and disposal operations as waste management
operations that would be subject to the Off-Site Waste and Recovery
Operations NESHAP. Additional information was received by the EPA from
commenters on the proposed rule regarding the nature of E&P operations
as presently practiced in oil and gas production fields. Upon further
consideration, the EPA decided it is not necessary to include E&P waste
operations under the final Off-Site Waste and Recovery Operations
NESHAP. Instead, the EPA is planning to address these sources under the
Oil and Gas Production NESHAP currently being developed by the Agency.
[[Page 34145]]
C. Definition of Affected Source
For the purpose of implementing NESHAP under 40 CFR Part 63,
``affected source'' is defined to mean the stationary source, or
portion of a stationary source that is regulated by a relevant standard
or other requirement established pursuant to section 112 of the Act.
Each relevant standard is to designate the ``affected source'' for the
purposes of that standard. Within a source category, the EPA decides
which HAP emission sources (i.e., emission points or groupings of
emission points) are most appropriate for establishing separate
emission standards in the context of the Clean Air Act statutory
requirements and the industry operating practices for the particular
source category.
At proposal, the EPA considered different options for defining
``affected source'' for the Off-Site Waste and Recovery Operations
NESHAP ranging from using a broad definition (e.g., the entire plant or
facility site) to narrow definitions (e.g., individual emission points)
(59 FR 51923). The EPA proposed using the narrowest definition of
affected source for the Off-Site Waste and Recovery Operations NESHAP
by defining the affected sources to be each of the individual emission
point types identified for the rule (e.g., each individual tank). The
EPA received comments that its proposed designation of affected source
for the Off-Site Waste and Recovery Operations NESHAP was too
restrictive and would complicate an owner's or operator's determination
of when reconstruction of a source has occurred triggering the
requirement to comply with the standards for new sources. Upon
consideration of these comments, the EPA decided that using a broader
definition is a more appropriate approach for defining the affected
sources for the Off-Site Waste and Recovery Operations NESHAP.
Designating the affected source for the Off-Site Waste and Recovery
Operations NESHAP as the entire plant site was rejected by the EPA.
This approach would allow the MACT floor to be established by the
plant-wide emission reduction indicative of the level that is achieved
by the best performing 12 percent of the existing sources. Application
of a single MACT floor to all of the emission points located at the
plant site and selected for control under the Off-Site Waste and
Recovery Operations NESHAP would be difficult, if not technically
infeasible, for several reasons. First, the EPA's data base for the
off-site waste and recovery operations NESHAP lacks sufficient data
regarding the type of information required to implement this approach
for the source category. Also, the mechanism by which organic HAP are
emitted to the atmosphere and the types of controls relevant for
reducing these air emissions is not the same for all of the emission
point types identified for off-site waste and recovery operation source
category. For example, covers frequently are installed on tanks to
control air emissions while work practice programs are used to control
air emissions from equipment leaks. Furthermore, not all waste
management and recovery operations at a particular plant site may be
subject to this rulemaking because they are not used to manage off-site
material, as defined in the rule.
A second approach is to designate several different affected
sources by grouping the similar emission points for each waste
management and recovery operation used at the plant site to manage off-
site materials. Under this approach, each affected source consists of
the group of similar emission point types for the entire sequence of
units or equipment components in which a particular off-site material
is managed at the site. An example of such a group of emission points
is the collection of tanks, containers, surface impoundments, and
similar units that are used at a site to manage a waste from the point
where the waste is received at the site to the point where the material
enters an on-site disposal unit not regulated under this rule (e.g.,
waste incinerator, landfill unit). An individual MACT floor is
established for the entire group of emission points comprising each
designated affected source.
This second approach offers several advantages for implementing the
Off-Site Waste and Recovery Operations NESHAP. Designating the affected
source to be a group of similar emission point types ensures that air
emission controls of equivalent performance are applied at the same
time to all of the units used to manage a particular off-site material
stream. In contrast, had the EPA maintained the proposed designation
for the affected sources (i.e., each individual emission point),
situations could have occurred where an owner or operator was required
to use controls on a new tank (or other newly installed unit)
downstream of existing tanks managing the same off-site material but
not required to use air emission controls under the rule. This would be
an inefficient application of air emission controls since a significant
portion of the HAP contained in the off-site material likely would have
escaped to the atmosphere before the material entered the controlled
unit. The approach also provides a logical grouping of equipment by
which an owner or operator readily can determine when reconstruction of
the affected source triggers the air emission control requirements
under the rule for new sources. Therefore, for the final off-site waste
and recovery operations NESHAP, the EPA decided to designate the
affected sources by three distinct groups of the emission point types
for the waste management and recovery operation subject to using air
emission controls under the rule.
The first group of similar emission points designated to be an
affected source for the Off-Site Waste and Recovery Operations NESHAP
is the group of tanks, containers, surface impoundments, oil-water and
organic-water separators, individual drain systems and other stationary
material conveyance systems used to manage off-site material in each of
the waste management and recovery operations specified in the rule that
are located at the plant site. The units regulated under this affected
source designation are collectively referred to hereafter in this
notice as ``off-site material management units.''
The second the group of similar emission points designated to be an
affected source for the Off-Site Waste and Recovery Operations NESHAP
is process vents on units used to manage off-site material in each of
the waste management and recovery operations specified in the rule that
are located at the plant site. As defined for the rule, a process vent
is an open-ended pipe, stack, or duct used for passage of gases,
vapors, or fumes to the atmosphere and this passage is caused by
mechanical means (such as compressors or vacuum-producing systems) or
by process-related means (such as volatilization produced by heating).
A stack or duct used to exhaust combustion products from an enclosed
combustion unit (e.g., boiler, furnace, heater, incinerator) is not a
process vent for this rulemaking.
The third group of similar emission points designated to be an
affected source for the Off-Site Waste and Recovery Operations NESHAP
is the group of equipment components prone to emitting HAP as a result
of equipment leaks. This group of equipment consists of pumps,
compressors, agitators, pressure relief devices, sampling connection
systems, open-ended valves and lines, valves, connectors, and
instrumentation systems that contain or contact off-site material in
each of the waste management and recovery operations specified in the
rule that are located at the plant site.
[[Page 34146]]
D. MACT Floor Determination
Specific statutory directives set out in section 112 of the 1990
Amendments require the EPA to establish standards under a NESHAP to
reflect application of maximum achievable control technology (MACT). A
statutory minimum or baseline level of HAP emission control that the
EPA can select to be MACT for a particular source category is defined
under section 112(d)(3) of the 1990 Amendments, and is referred to as
the ``MACT floor.'' For new sources, the MACT floor is the level of HAP
emission control that is achieved in practice by the best controlled
similar source. The statute allows standards under a NESHAP for
existing sources to be less stringent than standards for new sources.
The determination of MACT floor for existing sources is dependent on
the nationwide number of existing sources within the source category.
The off-site waste and recovery operations source category contains
more than 30 existing sources nationwide. For a source category with 30
or more existing sources, the MACT floor is the average emission
limitation achieved by the best performing 12 percent of the existing
sources.
Once the MACT floors are determined for new and existing sources in
a source category, the EPA must establish standards under a NESHAP that
are no less stringent than the applicable MACT floors. The
Administrator may promulgate standards that are more stringent than the
MACT floor when such standards are determined by the EPA to be
achievable taking into consideration the cost of implementing the
standards as well as any non-air quality health and environmental
impacts and energy requirements.
1. MACT Floor for Existing Sources
a. Off-site Material Management Units. As discussed in Section II.C
of this notice, the EPA has revised the affected source designation for
the off-site material management units at a plant site subject to the
Off-Site Waste and Recovery Operations NESHAP. For the final rule, the
designated affected source is the group of off-site material management
units (e.g., tanks, surface impoundments, containers, oil-water and
organic-water separators, individual drain systems and other stationary
transfer systems) in each of the waste management and recovery
operations specified in the rule that are located at the plant site.
Because the MACT floor determination for these off-site material
management units used at proposal was based on the application of the
floor to individual units rather than the group of units, the EPA
reconsidered the MACT floor determination following revision of the
affected source designation for the rule.
The EPA reviewed site-specific information in the source category
data base regarding existing air emission control practices for off-
site material management units. In addition, the EPA considered the air
emission controls that off-site material management units could be
required to use by new air rules promulgated since the Off-Site Waste
and Recovery Operations NESHAP was proposed (e.g., air rules for
hazardous waste tanks, surface impoundments, and containers in subpart
CC under 40 CFR parts 264 and 265).
Based on the EPA's review of the air emission control information
in the data base for the off-site waste and recovery operations source
category, the Agency concluded that most groups of off-site material
management units (significantly more than 12 percent) manage off-site
material, at a minimum, in covered units. A portion of these off-site
material management units use more effective air emission controls such
as venting the covered unit to a control device. However, based on the
information available to Agency, the EPA cannot definitively determine
whether the higher level of air emission control achieved by that
portion of units using controls in addition to covers is representative
of the average of the top 12 percent of all existing off-site material
management units. Thus, the EPA decided to establish the MACT floor
control technology for the existing off-site material managements as
use of a cover.
For other source categories, the EPA has established whether a
particular unit warrants the use of air emission controls under rules
for the source category on the basis of a characteristic parameter for
the materials placed in the unit (e.g., vapor pressure or organic
concentration). The EPA believes that using this approach provides an
effective and enforceable means for identifying the units that warrant
air emission controls while excluding those units for which
installation of controls is unnecessary because the units have no or
little potential for HAP emissions. Consequently, to complete the
definition of the MACT floor for this affected source, an applicability
cutoff provision (referred to hereafter in this notice as an ``action
level'') is needed to identify which off-site material management units
use the selected air emission controls.
Establishing an action level required first selecting an
appropriate format for the action level that allows the value to be
relatively simple to be determined by an owner or operator and
expeditiously checked by EPA or State enforcement personnel. For the
proposed rule, the EPA evaluated several possible action level formats
and decided that an action level based on the volatile organic HAP
concentration (VOHAP) of the off-site materials is appropriate for
identifying those units which emit HAP and warrant the application of
air emission controls.
The data available to the EPA at this time for the off-site waste
and recovery operations source category are insufficient to perform a
rigorous statistical analysis for the purpose of establishing the
minimum VOHAP concentration value for off-site material management
units currently using air emission controls. From a qualitative
perspective, application of air emission controls under the Off-Site
Waste and Recovery Operations NESHAP is not needed when a material
managed in an uncontrolled unit has little or no potential for HAP
emissions. In general, these off-site materials can be characterized as
materials having low VOHAP concentrations.
The EPA considered a range of possible values to establish the
VOHAP concentration limit for the Off-Site Waste and Recovery
Operations NESHAP. The EPA proposed a VOHAP concentration value of 100
ppmw to be used as the action level for the rule. However, in proposing
this value, the EPA acknowledged that some off-site material management
units subject to the Off-Site Waste and Recovery Operations NESHAP
could be subject to other NESHAP and NSPS with differing action levels.
The EPA therefore requested comment on establishing the VOHAP
concentration action level for the rule at 100 ppmw, as well as
information that could be used to support alternative action levels
such as 500 ppmw (59 FR 51924). The EPA received comments stating that
the 100 ppmw VOHAP concentration action level proposed by the EPA for
the Off-site Waste and Recovery Operations NESHAP is inappropriate and
inconsistent with other applicable NSPS and NESHAP and recommending
that the EPA select a higher action level for the rule.
The EPA considered the comments received regarding the proposed
action level, other revisions to the final Off-Site Waste and Recovery
Operations NESHAP, and changes that the EPA anticipates making for
other waste and wastewater related rules. The EPA
[[Page 34147]]
concluded that a reexamination of the MACT floor action level
determination was appropriate. Based on consideration of the
information available to the Agency regarding HAP emissions from waste
management and recovery operations receiving off-site material, the EPA
has concluded that a VOHAP concentration value of 500 ppmw best
represents the MACT floor for existing off-site material management
units using covers.
Having established the MACT floor for existing off-site material
management units, the EPA consider control options that are more
stringent than the MACT floor based on the air emission control
requirements under existing EPA rules for HAP emission sources similar
to off-site material management units (e.g., air standards for tanks
under the HON, air standards for tanks, surface impoundments, and
containers at hazardous waste TSDF under 40 CFR parts 264 and 265).
These existing rules establish requirements for application of controls
more effective than covers on certain categories of tanks, containers,
and other units based on air emission potential related characteristics
such as the capacity of the unit and the vapor pressure of the material
managed in the unit. In the development of these other rules, the EPA
determined for these particular units that the more effective controls
are appropriate for control of the pollutants emitted from the units
and that implementing these controls is cost-effective. Therefore, for
the Off-Site Waste and Recovery Operations NESHAP the EPA concluded
that it is reasonable to establish standards for certain off-site waste
management units that are more stringent than the MACT floor when such
standards are determined by the EPA to be appropriate and consistent
with the control requirements for similar HAP emission sources under
other existing EPA rules.
b. Process Vents. The MACT floor for affected sources consisting of
process vents is the same MACT floor used at proposal with one revision
to the action level. As discussed in the proposal notice (59 FR 51925),
this MACT floor is based on adapting, to the extent applicable and
relevant to the Off-Site Waste and Recovery Operations NESHAP, the air
emission standards for process vents on hazardous waste management
units and recycling units under 40 CFR 264 subpart AA and 40 CFR 265
subpart AA. The action level identifying application of air emission
controls on process vents has been revised to be consistent with the
500 ppmw action level selected for MACT floor for off-site material
management units. The control technology selected for the floor is
connecting the process vents to appropriate control devices such that
an organic HAP emission control efficiency of 95 percent or more is
achieved.
c. Equipment Leaks. The same MACT floor selected at proposal is
used for affected sources consisting of the group of equipment
components consisting of pumps, compressors, agitators, pressure relief
devices, sampling connection systems, open-ended valves and lines,
valves, connectors, and instrumentation systems that contain or contact
off-site material in each of the waste management and recovery
operations specified in the rule that are located at the plant site.
The MACT floor requires control of HAP emissions from equipment leaks
by implementing leak detection and repair (LDAR) work practices and
equipment modifications for those equipment components containing or
contacting off-site material having a total organic HAP concentrations
equal to or greater than 10 percent. As discussed in the proposal
notice (59 FR 51925), the EPA selected this MACT floor based on the
existing equipment leak air standards applicable to waste management
operations to treat hazardous waste under 40 CFR 264 subpart BB and 40
CFR 265 subpart BB. The requirements of the MACT floor selected for the
Off-Site Waste and Recovery Operations NESHAP are also consistent with
existing NSPS equipment leak standards (e.g., 40 CFR 60 subparts VV,
GG, and KK) and for certain NESHAP equipment leak standards (e.g., 40
CFR 61 subpart V).
2. MACT Floor for New Sources
At proposal, the EPA concluded that the MACT floor determined for
existing sources also represents the HAP emission control that is
achieved in practice by the best controlled similar sources in the off-
site waste and recovery operation source category with the exception of
new tanks. The MACT floor for new tanks was established based on the
level of emission control that is required for new tanks under the HON
(i.e., 40 CFR 63 subpart G). The EPA still believes these are
appropriate decisions for establishing the MACT floor for new sources
under the revised affected source designations selected for the final
Off-Site Waste and Recovery Operations NESHAP.
E. Format of Standards
Section 112 of the Act requires promulgation of an emission
standard whenever it is feasible; section 112(h) states that ``if it is
not feasible in the judgment of the Administrator to prescribe or
enforce an emission standard for control of a hazardous air pollutant
or pollutants, the Administrator may, in lieu thereof, promulgate a
design, equipment, work practice, or operational standard, or
combination thereof * * *'' The term ``not feasible'' is applicable if
the emission cannot be captured and vented through a vent or stack
designed for that purpose, or if the application of a measurement
methodology is not practicable because of technical or economic
limitations. Alternative formats were considered for the three types of
affected sources defined for the Off-Site Waste and Recovery Operations
NESHAP.
For off-site material management units, the EPA concluded that a
numerical emission standard would not be feasible because it would be
difficult to capture and measure emissions from these units for the
purpose of evaluating compliance. Therefore, the format of the rule for
these affected sources includes a combination of design, equipment,
work practice, and operational standards. For process vents, the EPA
considered two alternative numerical emission limitation formats. These
emission limitation formats are a mass percent reduction of HAP from
process vents and a mass limitation of HAP emission from process vents.
The percent reduction format was chosen for the Off-Site Waste and
Recovery Operations NESHAP because it is the best representation of
control technology performance, and provides flexibility to owners and
operators. This format is based on the HAP removal efficiency of
conventional air pollution control devices and any control technology
that can achieve the reduction efficiency can be applied to any
configuration of process vents to comply with the standards. For
equipment leak sources (i.e., pumps, valves, etc.), numerical emission
standards are not feasible and the final standards for equipment leaks
are in the format of work practice and equipment specifications.
F. Unit-Specific Subparts
The regulatory text that EPA proposed for the Off-Site Waste and
Recovery Operations NESHAP included all of the requirements for the
rule in a single subpart to be added to 40 CFR part 63. The EPA decided
to promulgate the final requirements for the Off-Site Waste and
Recovery Operations NESHAP as a series of six new subparts added to 40
CFR part 63. These subparts are Subpart DD--National Emission Standards
for Off-Site Waste and Recovery
[[Page 34148]]
Operations, Subpart OO--National Emission Standards for Tanks--Level 1,
Subpart PP--National Emission Standards for Containers, Subpart QQ--
National Emission Standards for Surface Impoundments, Subpart RR--
National Emission Standards for Individual Drain Systems, and Subpart
VV--National Emission Standards for Oil-Water Separators and Organic-
Water Separators.
The air emission control requirements promulgated in Subparts OO,
PP, QQ, and RR are derived from and incorporate public comments on the
air emission control requirements originally proposed in Subpart DD for
tanks, surface impoundments, containers, and individual drain systems.
In addition, an individual subpart (Subpart VV) has been added to the
final rule specifying air emission control requirements for oil-water
separators and organic-water separators (referred to collectively
hereafter as ``separators''). At proposal, the EPA assumed that if a
separator was subject to using air emission controls under the Off-Site
Waste and Recovery Operations NESHAP it would be considered a type of
tank. As such, this separator would have been required to meet the air
emission control requirements specific in the rule for tanks. In actual
practice, application of these controls to a separator in strict
accordance with the requirements specified in the proposed rule may not
be practical given special design and operating characteristics for
separators. Therefore, the EPA concluded that it is appropriate to add
an individual subpart specifically for separators that will provide a
level of air emission control comparable to the control level
established for tanks yet address the special design and operating
features of separators.
The EPA decided to promulgate the air emission control requirements
for selected types of units in individual subparts for ease of
reference, administrative convenience, and as a step towards assuring
consistency of the air emission control requirements applied to similar
types of units under different rules. The EPA believes adopting the
format of codifying the air emission control requirements for specific
unit types in individual subparts will provide significant advantages
to both regulated industries and to the Agency.
By today's notice, the air emission control requirements
promulgated in Subparts OO, PP, QQ, RR, and VV presently are applicable
only to units in waste management and recovery operations regulated
under Subpart DD. For application of the unit-specific subparts to new
rules for other source categories, the EPA is planning to reference
these unit-specific subparts to specify the air emission control
requirements for the units subject to using controls under the rule.
The applicability, action level, designation of which units are
required to use controls, treatment requirements, and any other
requirements specific to the source category will be in the regulatory
text under the source-specific subpart (i.e., the same format that is
being promulgated today for the Off-Site Waste and Recovery Operations
NESHAP) Also, the EPA may, in the future, amend existing NSPS, NESHAP,
or other rules to reference the appropriate unit-specific subparts,
whether as a replacement for the air emission control requirements in
the existing rule or as an alternative means of compliance. In these
rulemaking cases, the EPA will first propose the Agency's intention of
applying the requirements of Subparts OO, PP, QQ, RR, and VV, as
applicable, to other rules. The public will have the opportunity to
comment on the appropriateness and application of using these unit-
specific subparts for the particular sources regulated by the new or
amended rule.
A major advantage for using the unit-specific subpart format for
NESHAP and other air rules is for those situations when more than one
rule applies to a particular source (e.g., a tank) and each of these
rules requires use of air emission controls on that source (e.g., a
fixed roof). By establishing unit-specific subparts, all of the rules
will reference a common set of design, operating, testing, inspection,
monitoring, repair, recordkeeping, and reporting requirements for air
emission controls. This eliminates the potential for duplicative or
conflicting air emission control requirements being placed on the unit
by the different rules, and assures consistency of the air emission
control requirements applied to the same types of units.
In the future, the EPA may decided it is appropriate to amend the
air emission control requirements for different types of units to
reflect improvements in control technologies or to add other control
alternatives. When this occurs, using a unit-specific subpart format
will simplify the amendment process and ensure that all source-specific
subparts are amended in a consistent and timely manner. To incorporate
the desired changes in the air emission control requirements, the EPA
will need to amend only one subpart instead of amending each of the
individual source category specific subparts. The identical amended
regulatory language will automatically apply to all of the source
category specific subparts that reference the amended unit-specific
subpart. The amendments will become effective for all of the source
category specific subparts at the same time.
G. Alternative Test Method Validation Procedure
As part of today's action, the EPA is promulgating a new validation
procedure titled ``Alternative Validation Procedure for EPA Waste
Methods'' that can be used as an alternative to Method 301 in Appendix
A under 40 CFR part 63 for the validation of a test method established
by the EPA Office of Water (OW) or the EPA Office of Solid Waste (OSW)
when this test method is used for air emission standards. The
alternative method is less rigorous than Method 301. A proposed version
of the alternative validation procedure was made available for public
review and comment on August 14, 1996 (60 FR 41870) as part of the
information placed in the public docket and being considered by the
Agency in revising air standards in the RCRA rules. Comments on the
information were accepted by the EPA through October 13, 1995. No
significant comments were received by the EPA regarding the proposed
alternative validation procedure.
For the Off-Site Waste and Recovery Operations NESHAP, the EPA
decided it is appropriate to allow organic concentration data test that
are validated in accordance with the alternative validation method to
be used as direct measurement data. Today's action promulgates
``Alternative Validation Procedure for EPA Waste and Wastewater
Methods'' as Appendix D in 40 CFR part 63. This final version of
Appendix D is the same as the proposed version. As promulgated, the
alternative validation procedure is to be applied exclusively to those
EPA methods developed by OW and OSW when the method is being applied to
EPA air emission standards. If an owner or operator wants to use a test
method not issued by either of these two EPA offices as an alternative
to the test methods specifically listed in the rule, this test method
must be validated according to the procedures in Sections 5.1 and 5.3
of Test Method 301.
III. Summary of Impacts
The EPA estimates that implementation of the Off-Site Waste and
Recovery Operations NESHAP will reduce HAP emissions from the source
category on a nationwide basis by approximately 82 percent, from 52,000
Mg/yr to 9,000 Mg/yr.
[[Page 34149]]
The EPA also estimated the reduction in VOC emissions from the
source category. The Off-Site Waste and Recovery Operations NESHAP is
estimated to reduce nationwide VOC emissions by approximately 52,000
Mg/yr. This value was calculated using the estimated nationwide HAP
emission value times a value of approximately 1.2 to represent the
ratio of VOC-to-HAP constituents in the off-site material regulated
under the rule. The value for this ratio was derived from information
in the data base for the off-site waste and recovery operations source
category. This derived value is lower than VOC-to-HAP ratios indicated
for other HAP emission sources. Thus, the procedure used to estimate
nationwide VOC emissions for the source category is considered by the
EPA to be conservative and may understate the actual quantity of VOC
emission reduction that will occur from implementing the Off-Site Waste
and Recovery Operations NESHAP.
The EPA prepared estimates of the cost to owners and operators of
implementing the requirements of the final Off-Site Waste and Recovery
Operations NESHAP at plant sites the EPA expects are likely to be
subject to the rule. The total nationwide capital investment cost to
purchase and install the air emission controls that are required by the
rule is estimated by the EPA to be approximately $42 million. The total
nationwide annual cost of the Off-Site Waste and Recovery Operations
NESHAP is estimated to be approximately $18 million per year. This
corresponds to an average cost of approximately $420 per megagram of
HAP controlled.
Price increases in affected markets are projected at less than 0.01
percent of baseline price, and decreases in production are projected at
less than 0.1 percent. No businesses or facilities are projected by the
EPA to close as a result of implementing the requirements of the final
rule. For more information regarding the economic analysis, consult the
Economic Impact Analysis of National Emissions Standards for Hazardous
Air Pollutants: Off-Site Waste and Recovery Operations available in the
docket (Docket No. A-92-16).
IV. Summary of Responses to Major Comments
A summary of responses to selected major comments received on the
proposed rule is presented below. Additional discussion of the EPA's
responses to public comments is presented in the Basis and Support
Document (see ADDRESSES section of this preamble).
A. Rule Applicability
Comment: Many commenters stated that the proposed applicability of
the Off-Site Waste and Recovery Operations NESHAP would be too broad
and should be narrower. Major reasons presented by individual
commenters include: (1) the rule's applicability was expanded by the
EPA beyond the scope of the initial source category listing without
providing adequate notice to the public; (2) including operations
managing ``recoverable materials'' received from off-site in the rule's
applicability discourages recycling, provides a disincentive to
pollution prevention, and is inconsistent with the Pollution Prevention
Act; and (3) range of facility types subject to the rule is too broad
because many of these facility types have significantly different HAP
emission sources.
Response: The EPA proposed that the Off-Site Waste and Recovery
Operations NESHAP be applicable to owners and operators of facilities
that are ``major sources'' (as defined in 40 CFR 63.2) and at which
operations are conducted to manage, convey, or handle ``wastes'' or
``recoverable materials'' received from off-site and containing
specific organic HAP constituents (as specified in Table 1 of the
rule). Under the proposed rule, waste management and recovery
operations listed by the EPA as separate NESHAP source categories were
specifically exempted from the requirements of the rule.
The EPA has not expanded the applicability of the Off-Site Waste
and Recovery Operations NESHAP beyond the scope of the initial source
category listing without providing adequate notice to the public. The
EPA published an advance notice of proposed rulemaking (ANPR) in the
Federal Register on December 20, 1993 (58 FR 66336) announcing the
EPA's intent to develop a NESHAP for the off-site waste and recovery
operations source category. In the ANPR, the EPA provided a general
description of the types of facilities the EPA planned to regulate
under this rulemaking (see 58 FR 66337). The EPA further provided a
definition of ``waste'' that the Agency intended to be used for this
rulemaking which included materials managed prior to being recycled.
Thus, the Agency clearly expressed its intent in the ANPR to include
recovery operations in the scope of this rulemaking.
As described in Section II.D.3 of this notice, the Pollution
Prevention Act of 1990 (42 U.S.C. 13101 et seq., Pub. L. 101-508,
November 5, 1990) establishes the national policy of the United States
for pollution prevention. The EPA believes that applying the Off-Site
Waste and Recovery Operations NESHAP to units managing materials that
are collected and transported to a facility for subsequent reprocessing
or recycling is fully consistent with the Pollution Prevention Act. The
final rule neither discourages recycling nor provides a disincentive to
pollution prevention. The final rule does not prohibit or discourage an
owner or operator from continuing to use the recovery operation; the
rule only requires that the owner or operator control the organic HAP
emitted to the atmosphere from the operation. This is consistent with
the Pollution Prevention Act's declaration that operations to recycle
or reuse materials be performed in an environmentally-safe manner.
In proposed regulatory text, the EPA split the definition of
``waste'' the Agency stated in the ANPR, into two separate terms;
``waste'' being defined as materials managed prior to being discarded
or discharged, and ``recoverable materials'' being defined as materials
managed prior to being recycled, reprocessed, or reused. Based on the
comments received by the EPA, it appears that commenters interpreted
the proposed regulatory text using these terms to extend the
applicability of the rule to certain types of recycling and recovery
operations that the Agency never intended to be subject to this
rulemaking. To clarify the EPA's intent, the general term ``recoverable
material'' is not used in the final rule. Instead, the EPA has added to
the final rule the new terms ``used oil'' and ``used solvent'' to
define the specific types of recycled or reprocessed materials subject
to the rule. In each case where the final Off-Site Waste and Recovery
Operations NESHAP is applicable to a used oil or used solvent recovery
operation, the EPA has included this operation because the Agency has
concluded that the operation when uncontrolled can be a significant
source of HAP emissions and the operation will not be regulated by
another NESHAP.
The EPA disagrees that the applicability of the Off-Site Waste and
Recovery Operations NESHAP is too broad because many of the types of
waste management and recovery operations included in the source
category have significantly different HAP emission sources. In the
Federal Register notice for the proposed rule, the EPA provided
examples of specific types of facilities included in the off-site waste
and recovery operations source category (see 59 FR 51920). At all of
[[Page 34150]]
these facilities, similar types of units are used to manage wastes or
the other materials subject to the rule (e.g., tanks, containers,
surface impoundments). Organic HAP are emitted from each type of unit
by the same emission mechanisms regardless of the type of facility at
which the unit is located. Common organic HAP control technologies are
applicable to the units used at all of the off-site waste and recovery
operations facility types. There are no significant differences in the
organic HAP emissions or the control technologies applicable to
controlling these emissions from the off-site waste and recovery
operations facility types subject to this rulemaking.
Many commenters mistakenly interpreted the regulatory language of
the proposed rule to extend the applicability of the Off-Site Waste and
Recovery Operations NESHAP to facilities that the Agency never intended
to be subject to this rulemaking. In response to the different
interpretation of the proposed rule's applicability by commenters
versus the Agency's intent for this rulemaking, the EPA reviewed the
proposed regulatory text for the rule. The EPA decided to revise the
format to be inclusive by specifically identifying those waste
management and recovery operations that are subject to the Off-Site
Waste and Recovery Operations NESHAP. Owners and operators of waste and
recovery operations not explicitly included in the set of conditions
specified for the final Off-Site Waste and Recovery NESHAP are not
subject to the rule.
B. Data Base Used for Rule Development
Comment: Commenters stated that the data base used by the EPA to
develop the Off-Site Waste and Recovery Operations NESHAP is not
representative of all of the waste management recovery operations that
would be potentially subject to the rule; and the information in the
data base is not representative of current waste management and
recovery operation practices.
Response: In the development of the Off-Site Waste and Recovery
Operations NESHAP, the EPA used the best information available to the
Agency. Earlier in the development of the rule, the EPA recognized that
more up-to-date data and additional information would be beneficial for
evaluating the different types of waste management and recovery
operations included in the source category and for estimating the
impacts associated with this rulemaking. The EPA made several requests
for information from the public to supplement the Agency's information
regarding the off-site waste and recovery operations source category.
Prior to proposal of the Off-Site Waste and Recovery NESHAP, the
EPA announced in the ANPR the data bases the Agency was using for the
impact analyses and requested information from the public (see 58 FR
66338 and 66339). The EPA specifically requested more information on
off-site material characteristics (types, quantities, organic
composition), operating practices, and waste and recovery operation
emission points and air emission data. No additional information
regarding these topics was received by the EPA.
At proposal, the EPA requested additional information to improve
the Agency's understanding and profile of the waste management and
recovery operations intended to be addressed by this rulemaking (see 59
FR 51921). Additional information was provided to the EPA by commenters
regarding the following topics: (1) industrial waste landfill
operations, waste characterizations, and HAP emissions; (2) general
practices for waste management and recovery operations commonly used at
chemical manufacturing plants and petroleum refineries; and (3) general
waste management practices used at oil exploration and production
leases. In addition, the EPA obtained additional information regarding
used solvent collection and management practices for businesses that
reprocess used solvent for sale to other users.
The data base used for the impact analysis for the rulemaking was
compiled by collecting information related to off-site waste and
recovery operations from nationwide surveys of hazardous waste TSDF,
wastewater treatment facilities, and used oil management facilities
that the EPA conducted for other rulemakings. The EPA is fully aware
that off-site waste and recovery operations have changed since the
surveys were conducted. These changes are the result of multiple
factors including reductions in the quantities of certain wastes sent
to waste management facilities as waste minimization programs have been
implemented by generators; changes in waste disposal practices to
comply with RCRA land disposal restrictions and other rules; and
changes in ownership arrangements of waste management and recovery
operations located within large petrochemical and other manufacturing
complexes. In recognition of these changes, the EPA adjusted the data
base to reflect these changes to the extent possible using other
information available to the Agency.
The EPA reviewed the data base used to develop the Off-Site Waste
and Recovery Operations NESHAP with respect to the Agency's decisions
regarding the rule revisions made to the applicability of the final
rule. The EPA believes that the data base contains sufficient
information regarding the types of the waste management and recovery
operations that are subject to the final Off-Site Waste and Recovery
Operations NESHAP to support the Agency's decisions for this
rulemaking.
C. Land Disposal Unit Requirements
Comment: Commenters disagreed with the proposed requirement to
treat wastes prior to being placed in land disposal units because they
state that the requirement is inconsistent with the RCRA land disposal
restrictions and any solid waste land disposal restrictions should be
promulgated by the EPA's Office of Solid Waste.
Response: The EPA proposed that, prior to being placed in land
disposal units, owners and operators treat those off-site materials
having a VOHAP concentration equal to or greater than the action level.
Based on the EPA's decisions regarding applicability of the rule to
landfills and considering the existing requirements under RCRA land
disposal restrictions, the EPA concluded that the proposed requirement
is not needed for the Off-Site Waste and Recovery Operations NESHAP.
The final rule places no restrictions on the disposal of wastes in land
disposal units nor places any other air emission control requirements
on these units.
D. Off-Site Material Determination Test Methods
Comment: Commenters stated that proposed requirements for
determining the average VOHAP concentration of a off-site material use
inappropriate test methods and are excessive, impractical, and too
costly to implement at many facilities potentially subject to the rule.
Response: Under the Off-Site Waste and Recovery Operations NESHAP,
air emission controls are not required for those off-site material
management units located in the affected source when the unit manages
off-site material having a VOHAP concentration less than the action
level. As part of the procedure for determining the VOHAP concentration
of the off-site material, the EPA proposed that an owner or operator
could use either: (1) Direct measurement using Method 305 of samples of
the material collected in accordance with the procedures specified in
the rule; or (2) the owner's or operator's knowledge of the VOHAP
concentration in material
[[Page 34151]]
based on information, as specified in the rule.
For the final Off-Site Waste and Recovery Operations NESHAP, the
EPA decided to add other appropriate test methods that an owner or
operator can choose to use for direct measurement of the VOHAP
concentration of an off-site material. In addition, the EPA has made
certain other changes to facilitate the use of organic concentration
data obtained using other alternative test methods not specifically
listed in the rule. The EPA believes that the changes incorporated into
waste determination requirements in conjunction with changes to the
applicability and action level for the final Off-Site Waste and
Recovery Operations NESHAP provide a range of options for determining
the VOHAP concentration of an off-site material such that every owner
and operator of facilities subject to the final rule has available
practical and inexpensive waste determination alternatives.
The EPA developed Method 305 to provide a relative measure of the
potential for specific volatile organic compounds to be emitted from
waste materials. In developing Method 305, the EPA solicited public
comments on a proposed version of the method and addressed these
comments in the final version of the method (59 FR 19402). Method 305
has been validated and the EPA considers Method 305 to be an
appropriate method for determining the VOHAP concentration of off-site
materials subject to the Off-Site Waste and Recovery Operations NESHAP.
Method 305 uses the same waste sample collection procedures and
sample recovery conditions established by Method 25D (40 CFR part 60,
Appendix A). When using Method 25D, the waste sample is analyzed to
determine the total concentration, by weight, of all organics recovered
from the waste sample. When using Method 305, the waste sample is
analyzed to determine the purged concentration, by weight, of only
those specific hazardous air pollutants in the waste sample which are
listed in Table 1 in the rule (i.e., the VOHAP concentration). Any
hazardous air pollutant or organic constituent that may be contained in
the sample but is not listed in Table 1 in the rule is not counted in
the VOHAP concentration determination. For the off-site materials
typically managed in the operations subject to the Off-Site Waste and
Recovery Operations NESHAP, the EPA concluded that using Method 25D is
a reasonable alternative to using Method 305 for the purpose of this
rulemaking. Therefore, the final Off-Site Waste and Recovery Operations
NESHAP includes use of Method 25D as one of the test methods an owner
or operator may choose among for direct measurement of the VOHAP
concentration of an off-site material.
Other test methods have been developed by the EPA for use in
rulemakings under the Clean Water Act that measure the concentration of
organic pollutants in municipal and industrial wastewaters (see
Appendix A to 40 CFR part 136). Commenters suggested that certain of
these test methods are applicable to EPA air rulemakings affecting
wastewater management units. After extensive review, the EPA decided
that as alternatives to using Method 305 or Method 25D for direct
measurement of VOHAP concentration in an off-site material for the Off-
Site Waste and Recovery Operations NESHAP it is appropriate to add
Methods 624, 1624, and 1625 (all contained in 40 CFR 136, Appendix A)
when used under certain specified conditions. Because these methods
measure the total concentration of the HAP constituents listed in Table
1 of the rule, owners and operators may choose to ``correct'' these
measured values to equate to the values that would be measured using
Method 305. This is accomplished by multiplying the total concentration
measured values times the appropriate ``f m factor'' presented in
Table 1 of the rule to obtain the Method 305 VOHAP concentration.
Sufficient recovery study results are available for Methods 1624
and 1625 to correct for possible bias, and therefore, these methods are
considered adequate by the EPA to characterize the concentration of a
off-site material sample. In addition, Method 624 is appropriate
provided the initial calibration of the analytical system is performed
with the target compounds to be measured. However, none of these
methods specifies a sample collection and handling procedure that is
considered by the EPA adequate to minimize the volatilization of
organics from the sample prior to analysis. Therefore, to ensure that
an adequately representative sample of an off-site material is analyzed
by the method, an owner or operator that chooses to use either Method
624, 1624, or 1625 for the Off-Site waste and Recovery Operations
NESHAP is required to develop and follow a written sampling plan. This
plan describes a step-by-step procedure for collecting representative
samples of the off-site materials such that material integrity is
maintained and minimal loss of organics from the sample occurs
throughout the collection and analysis process. An example of an
acceptable sampling plan is one that incorporates sample collection and
sample handing procedures similar to those specified in Method 25D. The
sampling plan is to be maintained on-site in the facility records.
The EPA proposed use of knowledge-of-the-waste, allowing a facility
owner or operator to use test data obtained using a test method other
than Method 305 provided that the method was validated in accordance
with Method 301 (40 CFR part 63, Appendix A). Under this application of
Method 301, the owner or operator would be validating the alternative
test method results as compared to test results obtained using Method
305. Since proposal, the EPA decided to allow organic concentration
data test that are validated in accordance specifically with Sections
5.1 and 5.3 of Method 301 to be used as direct measurement data. This
makes validation of the alternative test method a self-check of the
method being validated. Also, if appropriate, owners and operators may
choose to ``correct'' values measured by the alternative test method to
equate to the values that would be measured using Method 305 by
multiplying the measured values times the appropriate ``f m
factor'' presented for each hazardous air pollutant listed in Table 1
of the rule.
Finally, as discussed in Section II.G of this notice, the EPA is
promulgating today a less rigorous validation procedure, ``Alternative
Validation Procedure for EPA Waste Methods,'' in Appendix to 40 CFR
part 63 as an alternative to Method 301 for the validation of a test
method established by the EPA Office of Water (OW) or the EPA Office of
Solid Waste (OSW) when this test method is used for air emission
standards. The EPA decided it is appropriate to allow organic
concentration data test that are validated in accordance with this
method to be used as direct measurement data.
E. Container Air Emission Controls
Comment: Commenters stated that proposed air emission control
requirements for containers are commercially unavailable or impractical
to implement. Also, commenters stated that the requirements should be
consistent with the container air emission control requirements under
the RCRA rules.
Response: Since proposal, the EPA has obtained more information on
the practices and equipment currently used to manage waste and used
solvents in containers. Based on consideration of this information, the
EPA decided to
[[Page 34152]]
revise the air emission control requirements for containers to better
reflect the container organic HAP emission potential, the various
container types, and the common container management practices used for
off-site waste and recovery operations. The EPA believes that these
revised requirements are technically feasible and practical to
implement on all types of containers that the Agency expects to be
subject to the rule. These revisions are described in detail in Section
V.G of this notice.
The EPA is addressing consistency between the air emission control
requirements for containers (as well as the other affected units) in
the Off-Site Waste and Recovery Operations NESHAP and the RCRA rules by
amending the RCRA rules to include an exemption for those affected
units using organic emission controls in accordance with the
requirements of the Off-Site Waste and Recovery Operations NESHAP or
any other applicable NESHAP.
F. Recordkeeping and Reporting
Comment: Commenters stated that the recordkeeping and reporting
requirements proposed for the Off-Site Waste and Recovery Operations
NESHAP would be excessive and inconsistent with other NSPS, NESHAP, and
RCRA rules that also may be applicable to a unit subject to the rule.
Response: Under section 114(a) of the Act, the EPA may require any
owner or operator of a source subject to a NESHAP to establish and
maintain records as well as prepare and submit notifications and
reports to the EPA or authorized State. Review by EPA and State
officials of appropriate information that is maintained in facility
records and is submitted in facility prepared reports provides one
means for checking the compliance status of the facility with the
NESHAP technical requirements. However, the EPA also recognizes that
excessive and duplicative recordkeeping and reporting requirements can
create a burden to facility owners and operators complying with a
NESHAP as well as to the EPA and State officials responsible for
assuring compliance with the NESHAP. Thus, it is the EPA's intention to
limit the amount of recordkeeping and reporting required for a
particular NESHAP to reasonable requirements which will provide the
appropriate information needed by EPA and State officials to enforce
the rule.
For the Off-Site Waste and Recovery Operations NESHAP, the EPA
proposed adopting the recordkeeping and reporting requirements as
specified in the Part 63 General Provisions. The EPA reviewed the
recordkeeping and reporting needed for the final rule considering the
revisions made to the rule applicability and technical requirements.
Based on this review, the EPA decided that certain changes to simplify
the recordkeeping and reporting requirements for the final Off-Site
Waste and Recovery Operations NESHAP can be made without compromising
the enforceability of the rule.
VI. Summary of Changes Since Proposal
Changes have been incorporated into the final Off-Site Waste and
Recovery Operations NESHAP in response to comments on the proposed
rule. Also, the EPA has made many changes to the specific air emission
control requirements to clarify the EPA's intent in the application and
implementation of these requirements and to make these requirements
consistent and up-to-date with EPA decisions made for other related
NESHAP and RCRA rules. The substantive changes to the Off-Site Waste
and Recovery Operations NESHAP since proposal are summarized below.
A. Applicability
Several major changes have been made to the applicability of the
final Off-Site Waste and Recovery Operations NESHAP to address comments
on the proposed rule and to clarify the specific waste management and
recovery operations that the EPA intends to be subject to the Off-Site
Waste and Recovery Operations NESHAP. These changes include: (1)
Deleting the proposed term ``recoverable material'' and defining new
terms ``off-site material'', ``used oil'', and ``used solvent'' to
explicitly specify the types of materials that the EPA is regulating
under this rule; (2) adding a list of the specific wastes and other
materials which can be received at a plant site but not considered by
the EPA to be off-site materials for the purpose of implementing the
rule; and (3) using an inclusive format to limit the rule applicability
to six specific types of waste management and recovery operations. A
detailed description of each of these changes is presented in the
following paragraphs.
The Off-Site Waste and Recovery Operations NESHAP is applicable to
owners and operators of a plant site that meet both of the following
conditions: (1) The plant site is a major source of HAP emissions as
defined in the General Provisions to 40 CFR part 63; and (2) at the
plant site, the owner or operator manages ``off-site material,'' as
defined in the rule, in one or more of the specific waste management or
recovery operations listed in the rule. If either one (or both) of the
conditions do not apply to a plant site, then the owner and operator of
the plant site is not subject to the Off-Site Waste and Recovery
Operations NESHAP, and no action is required by the owner or operator
in regards to this rule.
For the purpose of implementing the Off-Site Waste and Recovery
Operations NESHAP, a ``plant site'' is all contiguous or adjoining
property that is under common control including properties that are
separated only by a road or other public right-of-way. Common control
includes properties that are owned, leased, or operated by the same
entity, parent entity, subsidiary, or any combination thereof. A unit
or group of units within a contiguous property that are not under
common control (e.g., a wastewater treatment unit or solvent recovery
unit located at the site but is sold to a different company) is a
different plant site.
The first applicability condition for the Off-Site Waste and
Recovery Operations NESHAP is determined by whether or not the plant
site is a major source of HAP emissions as defined in 40 CFR 63.2. In
general, this would be a plant site that emits or has the potential to
emit considering controls, in total, 10 tons per year or more of any
one HAP or 25 tons per year or more of any combination of HAP. If the
plant site is not a major source, then the owner and operator of the
plant site is not subject to the Off-Site Waste and Recovery Operations
NESHAP regardless of the types of materials received from off-site.
The second applicability condition involves the combined
requirement that ``off-site material'' must be received at the plant
site and this material must be managed in one of the six types of waste
management or recovery operations specified in the rule. The first part
of the applicability condition involves determining whether an ``off-
site material'' as defined in the rule is received at the plant site.
The second part of the applicability condition involves determining
whether one or more of the following types of waste management or
recovery operations is located at the plant site: (1) a hazardous waste
treatment, storage, and disposal facility (TSDF) regulated under 40 CFR
part 264 or 265 that manages waste received from off-site; (2) a
wastewater treatment facility that manages wastewater received from
off-site and this facility is exempted from regulation
[[Page 34153]]
as a TSDF under 40 CFR 264.1(g)(6) or 40 CFR 265.1(c)(10); (3) a
wastewater treatment facility other than a POTW that manages
wastewaters received from off-site and operation of this facility is
the predominant function performed at the plant site; (4) a facility
that recycles off-site material and this facility is exempted from
regulation as a TSDF under 40 CFR 264.1(g)(2) or 40 CFR 265.1(c)(6);
(5) a facility in which used solvents received from off-site are
reprocessed or recovered; and (6) a facility in which used oil received
from off-site is reprocessed or re-refined and this facility is
regulated under 40 CFR Part 279, subpart F--Standards for Used Oil
Processors and Refiners.
For the purpose of implementing the rule, ``off-site material'' is
defined to be a material for which all three of the following criteria
apply: (1) The material is a ``waste'', ``used oil'', or ``used
solvent'' as defined in the rule; (2) this material is delivered,
transferred, or otherwise moved to the plant site from another
location; and (3) this material contains one or more of the specific
HAP constituents listed in Table 1 in the rule. If the material
received at the plant site does not meet any one of these criteria,
then the material is not an ``off-site material'' under the rule.
The term ``waste'' used for the final rule is the same definition
proposed for the rule. Waste types that EPA does not intend to be
regulated under this rulemaking are specifically listed in the final
rule. For the purpose of the implementing the Off-Site Waste and
Recovery Operations NESHAP, none of the following wastes are ``off-site
materials'': household waste as defined in 40 CFR 258.2; radioactive
mixed waste managed in accordance with all applicable regulations under
Atomic Energy Act and Nuclear Waste Policy Act authorities; waste that
is generated by remedial activities required under the RCRA corrective
action authorities (RCRA sections 3004(u), 3004(v), or 3008(h)), CERCLA
authorities, or similar Federal or State authorities; waste containing
HAP that is generated by residential households (e.g., old paint, home
garden pesticides) and subsequently is collected as a community service
by government agencies, businesses, or other organizations for the
purpose of promoting the proper disposal of this waste; waste that is
generated by or transferred from units complying with all applicable
regulations under 40 CFR Part 63, subparts F and G--National Emission
Standards for Organic Hazardous Air Pollutants from the Synthetic
Organic Chemical Manufacturing Industry; waste containing benzene that
is generated by or transferred from units complying with all applicable
requirements specified by Sec. 61.342(b) under 40 CFR Part 61, subpart
FF--National Emission Standards for Benzene Waste Operations for a
facility at which the total annual benzene quantity from facility waste
is equal to or greater than 10 Mg/yr; and ship ballast water that is
pumped from a ship to an onshore wastewater treatment facility.
``Used oil'' means any oil refined from crude oil or any synthetic
oil that has been used and as a result of such use is contaminated by
physical or chemical impurities. This definition is consistent with the
definition used by the EPA for the RCRA used oil management standards
under 40 CFR Part 279, subpart F.
``Used solvent'' means a solvent composed of mixtures of one or
more aliphatic hydrocarbons or aromatic hydrocarbons that has been used
and as a result of such use is contaminated by physical or chemical
impurities.
Based on the applicability conditions for the final Off-Site Waste
and Recovery Operations NESHAP, an owner or operator is not subject to
the rule and no action is required by the rule for the following cases.
If a plant site is not a major source of HAP emissions, then the owner
and operator of the plant site are not subject to the Off Site Waste
and Recovery Operations NESHAP regardless of whether the site receives
off-site material. If at a plant site is located one or more of the
specific waste management or recovery operations listed in the rule but
off-site material received at the plant site is not managed in these
operations, then the owner and operator of the plant site are not
subject to the Off-Site Waste and Recovery Operations NESHAP. In a case
when a plant site receives off-site material and is a major source of
HAP emissions but there is not one of the waste management or recovery
operations listed in the rule located at the site, then owner and
operator of the plant site are not subject to the Off-Site Waste and
Recovery Operations NESHAP.
At a plant site subject to the Off-Site Waste and Recovery
Operations NESHAP, the rule only applies to the affected sources used
to manage off-site material in the waste management and recovery
operations specified in the rule that are located at the plant site.
Units and equipment used to manage off-site material at the plant site
but are not part of one of the waste management or recovery operations
specified in the rule are not affected sources under the rule.
The first affected source for the Off-Site Waste and Recovery
Operations NESHAP is the group of tanks, surface impoundments,
separators, transfer systems, and containers used to manage off-site
material in each of the waste management and recovery operations
specified in the rule that are located at the plant site. The second
affected source for the rule is the group of process vents on units in
each of the waste management and recovery operations specified in the
rule that are located at the plant site.
The third affected source for the rule is the group of equipment
components consisting of pumps, compressors, agitators, pressure relief
devices, sampling connection systems, open-ended valves and lines,
valves, connectors, and instrumentation systems that contain or contact
off-site material in each of the waste management and recovery
operations specified in the rule that are located at the plant site.
The compliance date for existing sources subject to the Off-Site
Waste and Recovery Operations NESHAP (i.e., affected sources that
commenced construction or reconstruction before October 13, 1994) to
meet the air emission control requirements of the rule is beginning 3
years after today's date. If management of off-site material in the
source is discontinued by this date, then source would no longer
subject to the rule. On the other hand, if an existing waste management
operation or recovery operation does not presently receive off-site
material but begins receiving off-site materials for the first time 3
years after today's date (and meets the other applicability conditions
in the rule), then the source is a new source subject to the rule. In
this case, the owner or operator of the source must achieve compliance
with the provisions of the rule upon the first date that the waste
management operation or recovery operation begins to manage the off-
site material.
Finally, the list of the specific HAP constituents for the Off-Site
Waste and Recovery Operations NESHAP (Table 1 in Subpart DD) was
revised by the EPA for the final rule. The EPA decided to delete eight
chemicals from the proposed list because of the low potential for these
chemicals to be emitted from the waste management and recovery
operations subject to the rule. The criterion used to characterize and
evaluate emission potential was based on a chemical constituent's
Henry's law constant. The following chemical compounds were deleted
from the proposed list: acrylic acid, aniline, o-cresol,
dibutylphthalate, 1,1-
[[Page 34154]]
dimethylhydrazine, formaldehyde, methyl hydrazine, and n-
nitrosodimethylamine.
B. General Standards
Several major changes have been made to the general standards for
the final rule. First, the average VOHAP concentration action level for
off-site material required to be managed in the units using air
emission controls under the rule has been changed to 500 ppmw (as
determined at the point-of-delivery). Units managing off-site materials
determined by the owner or operator to have average VOHAP
concentrations that remain less than 500 ppmw are not required to use
air emission controls under the rule. The second change is land
disposal units have been deleted as an affected source and the final
rule places no restrictions on the disposal of wastes in land disposal
units.
A third change is the addition of an exemption to the general
standards in the final Off-Site Waste and Recovery Operations NESHAP
that relates to the treatment of the off-site material. This exemption
provides that an off-site material management unit is exempted from the
air emission control requirements if the off-site material placed in
the unit is a hazardous waste that meets the numerical concentration
limits, applicable to the hazardous waste, as specified in 40 CFR part
268--Land Disposal Restrictions under both of the following tables: (1)
Table ``Treatment Standards for Hazardous Waste'' in 40 CFR 268.40, and
(2) Table UTS--``Universal Treatment Standards'' in 40 CFR 268.48.
C. Treatment Standards
The final Off-Site Waste and Recovery Operations NESHAP provides
owners or operators with a selection of alternative provisions for
determining when a treated off-site material is no longer required to
be managed in units meeting the air emission control requirements of
the rule. The proposed treatment alternatives have been revised where
appropriate to reflect the new action level of 500 ppmw and additional
alternatives have been added to the rule to provide greater flexibility
to the owner or operator in the treatment of off-site materials.
D. Tank Standards
The tank standards have been revised to address comments on the
proposed requirements, to be consistent with tank standards established
for related NESHAP source categories, and to reduce the inspection,
monitoring, recordkeeping, and reporting requirements. In general, the
final Off-Site Waste and Recovery Operations NESHAP establishes two
levels of air emission control for tanks managing off-site materials
having a maximum HAP vapor pressure less than 76.6 kPa. The control
level applicable to a tank required to use controls is determined by
the tank design capacity and the maximum organic HAP vapor pressure of
the off-site material in the tank. Different capacity and vapor
pressure limits have been established for tanks determined to be part
of an existing affected source and those determined to be part of a new
affected source. Tanks used for waste stabilization processes are
required to use Tank Level 2 air emission controls. The designation of
which tanks are required to use controls and the required control level
for the tank are specified in 40 CFR part 63, subpart DD--National
Emission Standards for Hazardous Air Pollutants from Off-Site Waste and
Recovery Operations. The specific air emission control requirements for
Tank Level 1 controls are specified in 40 CFR part 63, subpart OO--
National Emission Standards for Tanks-Level 1. The specific air
emission control requirements for Tank Level 2 controls remain in 40
CFR part 63, subpart DD.
The tank capacity limits for existing tanks in which the maximum
HAP vapor pressure of the off-site material in the tank is less than
76.6 kPa have been corrected to be consistent with the EPA's original
intent to be compatible with other RCRA and NESHAP air emission
standards already promulgated by the Agency which potentially could be
applicable to the same tank. The proposed rule was incorrectly drafted
to exclude existing tanks having a design capacity less than 75 m\3\
(approximately 20,000 gallons) from using any air emission controls.
The EPA never intended to exclude this group of tanks from this
rulemaking. Under the final rule, when applicable, use of Tank Level 1
air emission controls is required for an existing tank having a design
capacity less than 75 m\3\.
For a tank required to use Level 1 controls, the final rule
specifies that the off-site material be managed in a tank using a
fixed-roof. For the Level 2 controls, the final rule requires that off-
site material be managed in one of the following: (1) a fixed roof tank
equipped with an internal floating roof; (2) a tank equipped with an
external floating roof; (3) a tank vented through a closed-vent system
to a control device; (4) a pressure tank; or (5) a tank located inside
an enclosure that is vented through a closed-vent system to an enclosed
combustion control device.
E. Oil-Water Separator and Organic-Water Standards
Under the final Off-Site Waste and Recovery Operations NESHAP,
individual air emission control requirements have been established for
oil-water separator or organic-waster separators. For each separator
required to use controls under the rule, the owner or operator is
required to control air emissions from the separator by installing and
operating on each section of the unit either a floating roof or a
fixed-roof that is vented through a closed-vent system to a control
device. The designation of which separators are required to use
controls is specified in 40 CFR part 63, subpart DD--National Emission
Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery
Operations. The specific air emission control requirements are
specified in 40 CFR part 63, subpart VV--National Emission Standards
for Oil-Water and Organic-Water Separators.
F. Surface Impoundment Standards
Revisions have been made to the surface impoundment standards so
that, where relevant and appropriate, the inspection, monitoring,
recordkeeping, and reporting requirements for surface impoundments are
consistent with the requirements established for tanks and separators.
The designation of which surface impoundments are required to use
controls is specified in 40 CFR 63 subpart DD--National Emission
Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery
Operations. The specific air emission control requirements are
specified in 40 CFR part 63, subpart QQ--National Emission Standards
for Surface Impoundments.
G. Container Standards
The container standards have been significantly revised to address
comments on the proposed requirements, to make this rule compatible
with the existing U.S. Department of Transportation (DOT) regulations
for transporting hazardous materials, and to reduce the inspection,
monitoring, recordkeeping, and reporting requirements. The designation
of which containers are required to use controls and the required
control level for the container are specified in 40 CFR 63 subpart DD--
National Emission Standards for Hazardous Air Pollutants from Off-Site
Waste and Recovery Operations. The specific air emission control
requirements for each control level are specified in 40 CFR Part 63
[[Page 34155]]
subpart PP--National Emission Standards for Containers.
The revised container standards for the Off-Site Waste and Recovery
Operations NESHAP establish three levels of air emission control. The
control level applicable to a container is determined by the container
design capacity, the total organic content of the material in the
container, and use of the container. For example, containers with a
design capacity less than or equal to 0.1 m3 (approximately 26
gallons) are not subject to any requirements under the rule.
Under the final rule, Level 1 controls are required for the
following container categories (except when the container remains
uncovered for waste stabilization processes): (1) containers having a
design capacity greater than 0.1 m3 and less than or equal to 0.46
m3 (approximately 119 gallons); and (2) containers with a design
capacity greater than 0.46 m3 and used to manage off-site
materials that do not meet the definition of ``light material.'' Level
2 controls are required for containers with a design capacity greater
than 0.46 m3 and used to handle ``light materials'' (i.e., off-
site materials where the vapor pressure of one or more of the
components in the material is greater than 0.3 kilopascals [kPa] at 20
deg.C, and the total concentration of the pure components having a
vapor pressure greater than 0.3 kPa at 20 deg.C is equal to or greater
than 20 percent by weight), except when the container remains uncovered
for waste stabilization processes. Level 3 controls are required for
containers having a design capacity greater than 0.1 m3 that must
remain uncovered for waste stabilization processes.
For the containers required to use Level 1 controls, the final rule
requires that the off-site material be managed either: (1) in a
container that meets the relevant DOT regulations on packaging
hazardous materials for transportation under 49 CFR parts 173, 178,
179, and 180; or (2) a covered container that meets the requirements
specified in the final rule. No additional requirements are specified
by the final rule for containers complying with the applicable DOT
regulations. In the case when an owner or operator elects to comply
with the covered container requirements (i.e., non-DOT containers), the
container must be equipped with a tight-fitting cover that has no
visible gaps, spaces, holes, or other openings. The rule does require a
visual inspection when the cover is applied and, thereafter, annually
if the container remains in on-site storage for a period longer than 1
year. No testing for detectable organic emissions using Method 21 is
required. No recordkeeping and reporting are required under the final
rule for containers using Level 1 controls.
For the containers required to use Level 2 controls, the final rule
requires that the off-site material be managed in one of the following:
(1) a container that meets the relevant DOT regulations on packaging
hazardous materials for transportation under 49 CFR parts 173, 178,
179, and 180; or (2) a container that has been demonstrated within the
preceding 12 months to operate with no detectable organic emissions by
using Method 21; or (3) a container that has been demonstrated within
the preceding 12 months to be vapor-tight by using Method 27. No
additional requirements are specified by the final rule for containers
complying with the applicable DOT regulations. Specific design,
operating, inspection and monitoring, repair, recordkeeping, and
reporting requirements for containers tested using either Method 21 or
27 are specified in the rule.
For the containers required to use Level 3 controls, the final rule
requires that an open container be placed in an enclosure vented
through a closed-vent system to a control device or a covered container
be vented directly to a control device. If an enclosure is used, the
enclosure is to be designed in accordance with the criteria for a
permanent total enclosure as specified in 40 CFR 52.741, Appendix B,
Procedure T--Criteria for and Verification of a Permanent or Temporary
Total Enclosure.
Requirements for loading off-site material into a container have
been revised since proposal. Under the final rule there are no
requirements for loading off-site material into containers using Level
1 controls. For containers using Level 2 controls, the loading
requirements have been revised to allow flexibility to use any
appropriate loading method that will minimize exposure of the off-site
material to the atmosphere and thereby reduce organic air emissions, to
the extent practical considering the physical properties of the off-
site material and good engineering and safety practices. Examples of
container loading procedures that the EPA considers to meet these
requirements include, but are not limited to, using a submerged-fill
pipe or other submerged-fill method to load liquids into the container;
or using a vapor-balancing or a vapor-recovery system to collect and
control the vapors displaced from the container during filling
operations.
The inspection, monitoring, recordkeeping, and reporting
requirements for containers have been significantly simplified from
those proposed. Owners and operators of containers using either
Container Level 1 or Container Level 2 controls in accordance with the
provisions of the rule are required to visually inspect the container
and its cover and closure devices to check for defects at the time the
owner or operator first accepts possession of the container at the
facility site with the exception of those containers emptied within 24
hours of being received. Also, in the case when a container used for
managing regulated-material remains at the facility site for a period
of 1 year or more, the container and its cover and closure devices are
to be visually inspected to check for defects at least once every 12
months.
There are no requirements for periodic Method 21 leak monitoring of
containers. There are no recordkeeping nor reporting requirements under
this final rulemaking for containers using either Container Level 1 or
Container Level 2 controls.
H. Transfer System Standards
The major change to the transfer system standards is the addition
of specific requirements for individual drain systems to the final
rule. The designation of which individual drain systems are required to
use controls is specified in 40 CFR 63 subpart DD--National Emission
Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery
Operations. The specific air emission control requirements are
specified in 40 CFR 63 subpart RR--National Emission Standards for
Individual Drain systems. Other revisions have been made, where
relevant and appropriate, so that the requirements for transfer systems
other than an individual drain system are consistent with the
requirements established for the other types of off-site material
management units.
I. Process Vent Standards
In response to comments, several changes have been made to the air
emission control requirements for process vents under the Off-Site
Waste and Recovery Operations NESHAP. The term ``enclosed treatment
unit'' proposed for the rule has been deleted from the final rule and
replaced with a definition for the term ``process vent.'' The EPA
decided to use this new term to clarify the process vents that must use
air emission controls under the rule. The final rule has also been
revised to require an average emission reduction of
[[Page 34156]]
at least 95 percent by weight in total HAP emissions from the
combination of all affected process vents at the plant site (i.e., all
process vents that are a part of the affected sources subject to the
Off-Site Waste and Recovery Operations NESHAP).
J. Equipment Leak Air Standards
The EPA has not included in the final Off-Site Waste and Recovery
Operations NESHAP a definition for ``ancillary equipment'' as was
originally proposed. Instead, the specific equipment types subject to
equipment leak standards under the Off-Site Waste and Recovery
Operations NESHAP are listed directly in the applicability section of
the rule (Sec. 63.690). These equipment types are consistent with other
NESHAP equipment leak standards.
K. Control Device and Closed-Vent System Standards
Revisions to the control device and closed-vent system standards
consist of incorporating changes to the closed-vent system and control
device requirements so that these requirements are consistent and up-
to-date with the general decisions the EPA has made regarding NESHAP
inspection, monitoring, maintenance, repair, malfunctions,
recordkeeping, and reporting requirements for organic emission control
devices. Also, to improve the readability and user understanding of the
requirements, the format used to present the standards has been
revised. In the final rule, all of the requirements for a particular
type of control device (e.g., vapor incinerator, carbon adsorber, or
condenser) are grouped together.
L. Test Methods and Procedures
For the final Off-Site Waste and Recovery Operations NESHAP, the
EPA decided to allow an owner or operator to use any one of several
existing EPA test methods for direct measurement of the VOHAP
concentration of an off-site material. In addition, the EPA has made
certain other changes to the rule to facilitate the use of organic
concentration data obtained using other alternative test methods not
specifically listed in the rule.
The final rule allows an owner or operator to directly measure the
volatile organic concentration using any one of the following methods:
Method 305 in 40 CFR part 63, Appendix A; Method 25D in 40 CFR part 60,
Appendix A; or Method 624, Method 1624, or Method 1625 in 40 CFR part
136, Appendix A (when used in accordance with the procedure specified
in the rule). In addition, an owner or operator may use any other
alternative method that has been validated in accordance with the
procedures specified in Sections 5.1 and 5.3 of Method 301 or specified
in the Appendix D--Alternative Validation Procedure for EPA Waste
Methods promulgated by this action in 40 CFR part 63.
M. Recordkeeping and Reporting Requirements
The EPA has changed the recordkeeping and reporting requirements
for the final Off-Site Waste and Recovery Operations NESHAP to reflect
the revisions to the rule applicability and technical requirements and
reduce the burden of these requirements on owners and operators.
VII. Administrative Requirements
A. Docket
The docket is an organized and complete file of information
considered by the EPA in the development of a rulemaking. The docket
pertaining to the Off-Site Waste and Recovery Operations NESHAP is
Docket No. A-92-16. This docket contains a copy of the regulatory text
of the proposed rule, the BID, and copies of all BID references and
other information related to the development of the proposed and final
rule. The public may review all materials in this docket at the EPA's
Air and Radiation Docket and Information Center (see the ADDRESSES
section at the beginning of this notice).
B. Paperwork Reduction Act
The information collection requirements for this NESHAP have been
submitted for approval to the Office of Management and Budget (OMB)
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An
Information Collection Request (ICR) document has been prepared by the
EPA (ICR No. 1717.02), and a copy may be obtained from Sandy Farmer,
OPPE Regulatory Information Division (2137), U.S. Environmental
Protection Agency, 401 M Street, S.W.; Washington, DC 20460, or by
calling (202) 260-2740.
The public recordkeeping and reporting burden for this collection
of information is estimated to average approximately 830 hours per
respondent for each of the first 3 years following promulgation of the
rule. These estimates include time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
Send comments regarding the recordkeeping and reporting burden
estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to Chief, Information
Policy Branch (2137), U.S. Environmental Protection Agency, 401 M
Street, S.W.; Washington, DC 20460; and to the Office of Information
and Regulatory Affairs, Office of Management and Budget, Washington, DC
20503, marked ``Attention: Desk Officer for EPA.''
C. Executive Order 12866
Under Executive Order 12866 (58 FR 5173, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of the Executive Order 12866, it has been
determined that this action will be treated as a ``significant
regulatory action'' within the meaning of the Executive Order. As such,
this action was submitted to the Office of Management and Budget (OMB)
for review. Changes made in response to OMB suggestions or
recommendations are documented in the docket pertaining to the Off-Site
Waste and Recovery Operations NESHAP rulemaking (Docket No. A-92-16).
D. Regulatory Flexibility Act
Section 605 of the Regulatory Flexibility Act of 1980 (5 U.S.C. 601
et seq.), the EPA Regulatory Flexibility guidelines (April, 1992), and
the Small Business Regulatory Fairness Act of 1996 requires Federal
agencies to give special consideration to the impacts of regulations on
small entities, which are small businesses, small organizations, and
small governments. The major purpose of the Regulatory Flexibility Act,
the EPA guidelines, and the Small Business Fairness Act is to keep
paperwork and regulatory requirements
[[Page 34157]]
from being out of proportion to the scale of the entities being
regulated, without compromising the objectives of, in this case, the
Clean Air Act.
A small business with establishments in Standard Industrial
Classification 4953, Refuse Systems, is defined by the Small Business
Administration as one receiving less than $6 million per year, averaged
over the most recent three fiscal years. A small organization is a not-
for-profit enterprise that is independently owned and operated and is
not dominant in the waste disposal industry. A small government is one
that serves a population of less than 50,000 people. The EPA may use
other definitions, but elects to use these. The EPA believes that small
organizations and small governments have at most a very minor
involvement with the types of waste management and recovery operations
subject to this rule, and therefore would not be significantly affected
by the Off-Site Waste and Recovery Operations NESHAP. Hence, the EPA
has concentrated its attention on small businesses.
The Regulatory Flexibility Act specifies that Federal agencies must
prepare an initial regulatory flexibility analysis if a proposed
regulatory action would have ``a significant economic impact on a
substantial number of small entities.'' The data bases available to the
EPA reflect the state of the hazardous waste TSDF industry in 1986, and
provide limited basis for updating the economic factors. Furthermore,
the EPA does not have reliable projections of construction of new
facilities with the types of waste management and recovery operations
that will be subject to the rule. The EPA, based on its initial
Regulatory Flexibility analysis, therefore assumed that the rule may
have a significant impact on a substantial number of small businesses,
and conducted a final regulatory flexibility analysis. This analysis is
part of the economic impact analysis (titled Economic Impact Analysis
of National Emission Standards for Hazardous Air Pollutants: Off-Site
Waste and Recovery Operations) prepared for the rulemaking and
available in the docket (Docket No. A-92-16).
Even though many facilities at which are located waste management
and recovery operations receiving off-site materials are expected to be
area sources and would not be subject to this NESHAP, the EPA assumed
for the regulatory flexibility analysis that all facilities listed in
the source category data base are collocated at major sources. Also,
the analysis did not exclude those facilities that are major sources
but would not be subject to the air emission control requirements under
the Off-Site Waste and Recovery Operations NESHAP because the facility
qualifies for the rule exemption for a facility at which the total
annual organic HAP mass content of all off-site material is less than 1
Mg/yr.
From the source category data base, the EPA identified for the
analysis 110 small businesses that own 112 facilities subject to the
Off-Site Waste and Recovery Operations NESHAP. As a result of
exemptions allowed by the final rule, none of these small businesses
would incur costs beyond costs for recordkeeping and reporting. All of
these small businesses would meet at least one of the exemption
criteria in the rule and, therefore, would not need to use the air
emission controls required by the rule. The small costs for
recordkeeping and reporting are required to document compliance with
the rule exemptions. For a median small business, the same costs come
to less than 0.1 percent of salescompared with about 0.01 percent for
the median large business. Since there are no capital costs to small
businesses, none of the small businesses would exceed the capital cost
retained earning breakpoints (the maximum amount of new capital a
business can raise without issuing new stock and without changing its
existing capital structure). By way of comparison, 30 percent of large
businesses would have capital costs of compliance exceeding their
breakpoints. None of these large businesses are expected to receive
significant economic impacts.
Finally, the EPA evaluated the possibility that the final rule
might cause a small business to close. Based on this review, no small
businesses are expected to close as a result of having to comply with
the requirements of the final rule.
Pursuant to section 605(b) of the Regulatory Flexibility Act, the
Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities.
E. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate, or to
the private sector, of $100 million or more. Under section 205, the EPA
must select the most cost effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires the EPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
The EPA has determined that the action promulgated today does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. Therefore, the requirements of the
Unfunded Mandates Act do not apply to this action.
F. Review
The off-site waste and recovery operations NESHAP will be reviewed
8 years from today's date of promulgation. This review will include an
assessment of such factors as evaluation of the residual health risks,
any duplication with other air programs, the existence of alternative
methods, enforceability, improvements in air emission control
technology and health data, and the recordkeeping and reporting
requirements.
VII. Statutory Authority
The statutory authority for this proposal is provided by section
101, 112, 114, 116, and 301 of the Clean Air Act, as amended; 42.
U.S.C., 7401, 7412, 7414, 7416, and 7601.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Containers,
Equipment leaks, Hazardous air pollutants, Individual drain systems,
NESHAP, Off-site waste and recovery operations, Oil-water separators,
Process vents, Tanks, Surface impoundments, Used oil, Used solvents,
Waste.
Dated: May 28, 1996.
Carol M. Browner,
The Administrator.
For the reasons set out in the preamble, title 40, chapter I, part
63 of the Code of Federal Regulations are amended as follows:
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
1-3. The authority citation for part 63 continues to read as
follows:
Authority: 42 U.S.C. 7401, et seq.
4. Part 63 is amended by adding subpart DD consisting of
Secs. 63.680 through 63.698 to read as follows:
[[Page 34158]]
Subpart DD--National Emission Standards for Hazardous Air Pollutants
from Off-Site Waste and Recovery Operations
Sec.
63.680 Applicability and designation of affected sources.
63.681 Definitions.
63.682 [Reserved]
63.683 Standards: General.
63.684 Standards: Off-site material treatment.
63.685 Standards: Tanks.
63.686 Standards: Oil-water and organic-water separators.
63.687 Standards: Surface impoundments.
63.688 Standards: Containers.
63.689 Standards: Transfer systems..
63.690 Standards: Process vents.
63.691 Standards: Equipment leaks.
63.692 [Reserved]
63.693 Standards: Closed-vent systems and control devices.
63.694 Testing methods and procedures.
63.695 Inspection and monitoring requirements.
63.696 Recordkeeping requirements.
63.697 Reporting requirements.
63.698 Delegation of Authority.
Table 1 to Subpart DD--List of Hazardous Air Pollutants (HAP) for
Subpart DD.
Table 2 to Subpart DD--Applciability of paragraphs in 40 CFR Subpart
A, General Provisions, to Subpart DD.
Table 3 to Subpart DD--Tank Control Levels for Tanks at Existing
Affected Sources as Required by 40 CFR 63.685(b)(1).
Table 4 to Subpart DD--Tank Control Levels for Tanks at New Affected
Sources as Required by 40 CFR 63.685(b)(2).
Subpart DD--National Emission Standards for Hazardous Air
Pollutants from Off-Site Waste and Recovery Operations
Sec. 63.680 Applicability and designation of affected sources.
(a) The provisions of this subpart apply to the owner and operator
of a plant site for which both of the conditions specified in
paragraphs (a)(1) and (a)(2) of this section are applicable. If either
one of these conditions does not apply to the plant site, then the
owner and operator of the plant site are not subject to the provisions
of this subpart.
(1) The plant site is a major source of hazardous air pollutant
(HAP) emissions as defined in 40 CFR 63.2.
(2) At the plant site is located one or more of operations that
receives off-site materials as specified in paragraph (b) of this
section and the operations is one of the following waste management
operations or recovery operations as specified in paragraphs (a)(2)(i)
through (a)(2)(vi) of this section.
(i) A waste management operation that receives off-site material
and the operation is regulated as a hazardous waste treatment, storage,
and disposal facility (TSDF) under either 40 CFR part 264 or part 265.
(ii) A waste management operation that treats wastewater which is
an off-site material and the operation is exempted from regulation as a
hazardous waste treatment, storage, and disposal facility under 40 CFR
264.1(g)(6) or 40 CFR 265.1(c)(10).
(iii) A waste management operation that treats wastewater which is
an off-site material and the operation meets both of the following
conditions:
(A) The operation is subject to regulation under either section 402
or 307(b) of the Clean Water Act but is not owned by a ``state'' or
``municipality'' as defined by section 502(3) and 502(4), respectively,
of the Clean Water Act; and
(B) The treatment of wastewater received from off-site is the
predominant activity performed at the plant site.
(iv) A recovery operation that recycles or reprocesses hazardous
waste which is an off-site material and the operation is exempted from
regulation as a hazardous waste treatment, disposal, and storage
facility under 40 CFR 264.1(g)(2) or 40 CFR 265.1(c)(6).
(v) A recovery operation that recycles or reprocesses used solvent
which is an off-site material and the operation is not part of a
chemical, petroleum, or other manufacturing process that is required to
use air emission controls by another subpart of 40 CFR part 63.
(vi) A recovery operation that re-refines or reprocesses used oil
which is an off-site material and the operation is regulated under 40
CFR 279 subpart F--Standards for Used Oil Processors and Refiners.
(b) For the purpose of implementing this subpart, an off-site
material is a material that meets all of the criteria specified in
paragraph (b)(1) of this section but is not one of the materials
specified in paragraph (b)(2) of this section.
(1) An off-site material is a material that meets all of the
criteria specified in paragraphs (b)(1)(i) through (b)(1)(iii) of this
section. If any one of these criteria do not apply to the material,
then the material is not an off-site material subject to this subpart.
(i) The material is a waste, used oil, or used solvent as defined
in Sec. 63.681 of this subpart;
(ii) The material is not produced or generated within the plant
site, but the material is delivered, transferred, or otherwise moved to
the plant site from a location outside the boundaries of the plant
site; and
(iii) The material contains one or more of the hazardous air
pollutants (HAP) listed in Table 1 of this subpart based on the
composition of the material at the point-of-delivery, as defined in
Sec. 63.681 of this subpart.
(2) For the purpose of implementing this subpart, the following
materials are not off-site materials:
(i) Household waste as defined in 40 CFR 258.2.
(ii) Radioactive mixed waste managed in accordance with all
applicable regulations under Atomic Energy Act and Nuclear Waste Policy
Act authorities.
(iii) Waste that is generated as a result of implementing remedial
activities required under the Resource Conservation and Recovery Act
(RCRA) corrective action authorities (RCRA sections 3004(u), 3004(v),
or 3008(h)), Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) authorities, or similar Federal or State
authorities.
(iv) Waste containing HAP that is generated by residential
households (e.g., old paint, home garden pesticides) and subsequently
is collected as a community service by government agencies, businesses,
or other organizations for the purpose of promoting the proper disposal
of this waste.
(v) Waste that is generated by or transferred from units complying
with all applicable regulations under 40 CFR 63 subparts F and G--
National Emission Standards for Organic Hazardous Air Pollutants from
the Synthetic Organic Chemical Manufacturing Industry.
(vi) Waste that is generated by or transferred from units complying
with all applicable requirements specified by Sec. 61.342(b) under 40
CFR 61 subpart FF--National Emission Standards for Benzene Waste
Operations for a facility at which the total annual benzene quantity
from the facility waste is equal to or greater than 10 megagrams per
year.
(vii) Ship ballast water pumped from a ship to an onshore
wastewater treatment facility.
(c) For the purpose of implementing this subpart, the affected
sources at a plant site subject to this subpart are as follows:
(1) Off-site material management units. The affected source is the
group of tanks, containers, oil-water or organic-water separators,
surface impoundments, and transfer systems used to manage off-site
material in each of the waste management operations and recovery
operations specified in paragraphs (a)(2)(i) through (a)(2)(vi) of this
section that is located at the plant site.
[[Page 34159]]
(2) Process vents. The affected source is the group of process
vents on units used to manage off-site material in each of the waste
management operations and recovery operations specified in paragraphs
(a)(2)(i) through (a)(2)(vi) of this section that is located at the
plant site.
(3) Equipment leaks. The affected source is the group of equipment
specified in Sec. 63.683(b)(2)(i) through (b)(2)(iii) of this subpart
that is used to handle off-site material in each of the waste
management operations and recovery operations specified in paragraphs
(a)(2)(i) through (a)(2)(vi) of this section that is located at the
plant site.
(d) Owners and operators of plant sites at which are located
affected sources subject to this subpart are exempted from the
requirements of Secs. 63.682 through 63.699 of this subpart in
situations when the total annual quantity of the HAP that is contained
in the off-site material received at the plant site is less than 1
megagram per year. This total annual HAP quantity for the off-site
material shall be based on the total quantity of the HAP listed in
Table 1 of this subpart as determined at the point-of-delivery for each
off-site material stream. Documentation shall be prepared by the owner
or operator and maintained at the plant site to support the initial
determination of the total annual HAP quantity for the off-site
material. The owner or operator shall perform a new determination when
the extent of changes to the quantity or composition of the off-site
material received at the plant site could cause the total annual HAP
quantity in the off-site material to the exceed limit of 1 megagram per
year.
(e) Compliance dates.
(1) Existing sources. The owner or operator of an affected source
that commenced construction or reconstruction before October 13, 1994,
shall achieve compliance with the provisions of the subpart no later
than July 1, 1999 unless an extension has been granted by the
Administrator as provided in 40 CFR 63.6(i).
(2) New sources. The owner or operator of an affected source for
which construction or reconstruction commences on or after October 13,
1994, shall achieve compliance with the provisions of this subpart by
July 1, 1996 or upon initial startup of operations, whichever date is
later as provided in 40 CFR 63.6(b). For the purpose of implementing
this subpart, a waste management operation or recovery operation that
commenced construction or reconstruction before October 13, 1994, and
receives off-site material for the first time after July 1, 1999 is a
new source, and the owner or operator of this affected source shall
achieve compliance with the provisions of this subpart upon the first
date that the waste management operation or recovery operation begins
to manage the off-site material.
(f) The provisions of 40 CFR part 63, subpart A--General Provisions
that apply and those that do not apply to this subpart are specified in
Table 2 of this subpart.
Sec. 63.681 Definitions.
All terms used in this subpart shall have the meaning given to them
in this section, 40 CFR 63.2 of this part, and the Act.
Boiler means an enclosed combustion device that extracts useful
energy in the form of steam and is not an incinerator or a process
heater.
Closed-vent system means a system that is not open to the
atmosphere and is composed of hard-piping, ductwork, connections, and,
if necessary, fans, blowers, or other flow-inducing devices that
conveys gas or vapor from an emission point to a control device.
Closure device means a cap, hatch, lid, plug, seal, valve, or other
type of fitting that prevents or reduces air pollutant emissions to the
atmosphere by blocking an opening in a cover when the device is secured
in the closed position. Closure devices include devices that are
detachable from the cover (e.g., a sampling port cap), manually
operated (e.g., a hinged access lid or hatch), or automatically
operated (e.g., a spring-loaded pressure relief valve).
Container means a portable unit used to hold material. Examples of
containers include but are not limited to drums, dumpsters, roll-off
boxes, bulk cargo containers commonly known as ``portable tanks'' or
``totes'', cargo tank trucks, and tank rail cars.
Continuous record means documentation of data values measured at
least once every 15 minutes and recorded at the frequency specified in
this subpart.
Continuous recorder means a data recording device that either
records an instantaneous data value at least once every 15 minutes or
records 15-minutes or more frequent block averages.
Continuous seal means a seal that forms a continuous closure that
completely covers the space between the edge of the floating roof and
the wall of a tank. A continuous seal may be a vapor-mounted seal,
liquid-mounted seal, or metallic shoe seal. A continuous seal may be
constructed of fastened segments so as to form a continuous seal.
Control device means equipment used for recovering or oxidizing
organic vapors. Examples of such equipment include but are not limited
to carbon adsorbers, condensers, vapor incinerators, flares, boilers,
and process heaters.
Cover means a device that prevents or reduces air pollutant
emissions to the atmosphere by forming a continuous barrier over the
off-site material managed in a unit. A cover may have openings (such as
access hatches, sampling ports, gauge wells) that are necessary for
operation, inspection, maintenance, and repair of the unit on which the
cover is used. A cover may be a separate piece of equipment which can
be detached and removed from the unit or a cover may be formed by
structural features permanently integrated into the design of the unit.
Emission point means an individual tank, surface impoundment,
container, oil-water or organic-water separator, transfer system,
process vent, or enclosure.
Enclosure means a structure that surrounds a tank or container,
captures organic vapors emitted from the tank or container, and vents
the captured vapor through a closed vent system to a control device.
External floating roof means a pontoon-type or double-deck type
cover that rests on the liquid surface in a tank with no fixed roof.
Fixed roof means a cover that is mounted on a unit in a stationary
position and does not move with fluctuations in the level of the liquid
managed in the unit.
Flame zone means the portion of the combustion chamber in a boiler
or process heater occupied by the flame envelope.
Floating roof means a cover consisting of a double deck, pontoon
single deck, or internal floating cover which rests upon and is
supported by the liquid being contained, and is equipped with a
continuous seal.
HAP means hazardous air pollutants.
Hard-piping means pipe or tubing that is manufactured and properly
installed in accordance with relevant standards and good engineering
practices.
Hazardous waste means a waste that is determined to be hazardous
under the Resource Conservation and Recovery Act (PL 94-580) (RCRA), as
implemented by 40 CFR parts 260 and 261.
Individual drain system means a stationary system used to convey
wastewater streams or residuals to a waste management unit or to
discharge
[[Page 34160]]
or disposal. The term includes hard-piping, all drains and junction
boxes, together with their associated sewer lines and other junction
boxes (e.g., manholes, sumps, and lift stations) conveying wastewater
streams or residuals. For the purpose of this subpart, an individual
drain system is not a drain and collection system that is designed and
operated for the sole purpose of collecting rainfall runoff (e.g.,
stormwater sewer system) and is segregated from all other individual
drain systems.
Internal floating roof means a cover that rests or floats on the
liquid surface (but not necessarily in complete contact with it inside
a tank that has a fixed roof).
Light-material service means the container is used to manage an
off-site material for which both of the following conditions apply: the
vapor pressure of one or more of the organic constituents in the off-
site material is greater than 0.3 kilopascals (kPa) at 20 deg.C; and
the total concentration of the pure organic constituents having a vapor
pressure greater than 0.3 kPa at 20 deg.C is equal to or greater than
20 percent by weight.
Liquid-mounted seal means a foam- or liquid-filled continuous seal
mounted in contact with the liquid in a unit.
Maximum HAP vapor pressure means the sum of the individual HAP
equilibrium partial pressure exerted by an off-site material at the
temperature equal to either: the local maximum monthly average
temperature as reported by the National Weather Service when the off-
site material is stored or treated at ambient temperature; or the
highest calendar-month average temperature of the off-site material
when the off-site material is stored at temperatures above the ambient
temperature or when the off-site material is stored or treated at
temperatures below the ambient temperature. For the purpose of this
subpart, maximum HAP vapor pressure is determined using the procedures
specified in Sec. 63.694(j) of this subpart.
Metallic shoe seal means a continuous seal that is constructed of
metal sheets which are held vertically against the wall of the tank by
springs, weighted levers, or other mechanisms and is connected to the
floating roof by braces or other means. A flexible coated fabric
(envelope) spans the annular space between the metal sheet and the
floating roof.
No detectable organic emissions means no escape of organics to the
atmosphere as determined using the procedure specified in
Sec. 63.694(k) of this subpart.
Off-site material means a material that meets all of the criteria
specified in paragraph Sec. 63.680(b)(1) of this subpart but is not one
of the materials specified in Sec. 63.680(b)(2) of this subpart.
Off-site material management unit means a tank, container, surface
impoundment, oil-water separator, organic-water separator, or transfer
system used to manage off-site material.
Off-site material stream means an off-site material produced or
generated by a particular process or source such that the composition
and form of the material comprising the stream remain consistent. An
off-site material stream may be delivered, transferred, or otherwise
moved to the plant site in a continuous flow of material (e.g.,
wastewater flowing through a pipeline) or in a series of discrete
batches of material (e.g., a truckload of drums all containing the same
off-site material or multiple bulk truck loads of an off-site material
produced by the same process).
Oil-water separator means a separator as defined for this subpart
that is used to separate oil from water.
Operating parameter value means a minimum or maximum value
established for a control device or treatment process parameter which,
if achieved by itself or in combination with one or more other
operating parameter values, determines that an owner or operator has
complied with an applicable emission limitation or standard.
Organic-water separator means a separator as defined for this
subpart that is used to separate organics from water.
Plant site means all contiguous or adjoining property that is under
common control including properties that are separated only by a road
or other public right-of-way. Common control includes properties that
are owned, leased, or operated by the same entity, parent entity,
subsidiary, or any combination thereof. A unit or group of units within
a contiguous property that are not under common control (e.g., a
wastewater treatment unit or solvent recovery unit located at the site
but is sold to a different company) is a different plant site.
Point-of-delivery means the point at the boundary or within the
plant site where the owner or operator first accepts custody, takes
possession, or assumes responsibility for the management of an off-site
material stream managed in a waste management operation or recovery
operation specified in Sec. 63.680 (a)(2)(i) through (a)(2)(vi) of this
subpart. The characteristics of an off-site material stream are
determined prior to combining the off-site material stream with other
off-site material streams or with any other materials.
Point-of-treatment means a point where the off-site material to be
treated in accordance with Sec. 63.683(b)(1)(ii) of this subpart exits
the treatment process. The characteristics shall be determined before
this material is conveyed, handled, or otherwise managed in such a
manner that the material has the potential to volatilize to the
atmosphere.
Process heater means an enclosed combustion device that transfers
heat released by burning fuel directly to process streams or to heat
transfer liquids other than water.
Process vent means any open-ended pipe, stack, or duct that allows
the passage of gases, vapors, or fumes to the atmosphere and this
passage is caused by mechanical means (such as compressors or vacuum-
producing systems) or by process-related means (such as volatilization
produced by heating). For the purpose of this subpart, a process vent
is not a stack or duct used to exhaust combustion products from a
boiler, furnace, process heater, incinerator, or other combustion
device.
Recovery operation means the collection of off-site material
management units, process vents, and equipment components used at a
plant site to manage an off-site material stream from the point-of-
delivery through the point where the material has been recycled,
reprocessed, or re-refined to obtain the intended product or to remove
the physical and chemical impurities of concern.
Safety device means a closure device such as a pressure relief
valve, frangible disc, fusible plug, or any other type of device which
functions exclusively to prevent physical damage or permanent
deformation to a unit or its air emission control equipment by venting
gases or vapors directly to the atmosphere during unsafe conditions
resulting from an unplanned, accidental, or emergency event. For the
purpose of this subpart, a safety device is not used for routine
venting of gases or vapors from the vapor headspace underneath a cover
such as during filling of the unit or to adjust the pressure in this
vapor headspace in response to normal daily diurnal ambient temperature
fluctuations. A safety device is designed to remain in a closed
position during normal operations and open only when the internal
pressure, or another relevant parameter, exceeds the device threshold
setting applicable to the air emission control equipment as determined
by the owner or operator based on manufacturer recommendations,
applicable
[[Page 34161]]
regulations, fire protection and prevention codes, standard engineering
codes and practices, or other requirements for the safe handling of
flammable, combustible, explosive, reactive, or hazardous materials.
Separator means a waste management unit, generally a tank, used to
separate oil or organics from water. A separator consists of not only
the separation unit but also the forebay and other separator basins,
skimmers, weirs, grit chambers, sludge hoppers, and bar screens that
are located directly after the individual drain system and prior to any
additional treatment units such as an air flotation unit clarifier or
biological treatment unit. Examples of a separator include, but are not
limited to, an API separator, parallel-plate interceptor, and
corrugated-plate interceptor with the associated ancillary equipment.
Single-seal system means a floating roof having one continuous
seal. This seal may be vapor-mounted, liquid-mounted, or a metallic
shoe seal.
Surface impoundment means a unit that is a natural topographical
depression, man-made excavation, or diked area formed primarily of
earthen materials (although it may be lined with man-made materials),
which is designed to hold an accumulation of liquids. Examples of
surface impoundments include holding, storage, settling, and aeration
pits, ponds, and lagoons.
Tank means a stationary unit that is constructed primarily of
nonearthen materials (such as wood, concrete, steel, fiberglass, or
plastic) which provide structural support and is designed to hold an
accumulation of liquids or other materials.
Transfer system means a stationary system for which the predominant
function is to convey liquids or solid materials from one point to
another point within a waste management operation or recovery
operation. For the purpose of this subpart, the conveyance of material
using a container (as defined for this subpart) or a self-propelled
vehicle (e.g., a front-end loader) is not a transfer system. Examples
of a transfer system include but are not limited to a pipeline, an
individual drain system, a gravity-operated conveyor (such as a chute),
and a mechanically-powered conveyor (such as a belt or screw conveyor).
Temperature monitoring device means a piece of equipment used to
monitor temperature and having an accuracy of 1 percent of
the temperature being monitored expressed in degrees Celsius ( deg.C)
or 1.2 degrees deg.C, whichever value is greater.
Treatment process means a process in which an off-site material
stream is physically, chemically, thermally, or biologically treated to
destroy, degrade, or remove hazardous air pollutants contained in the
off-site material. A treatment process can be composed of a single unit
(e.g., a steam stripper) or a series of units (e.g., a wastewater
treatment system). A treatment process can be used to treat one or more
off-site material streams at the same time.
Used oil means any oil refined from crude oil or any synthetic oil
that has been used and as a result of such use is contaminated by
physical or chemical impurities. This definition is the same definition
of ``used oil'' in 40 CFR 279.1.
Used solvent means a solvent composed of a mixture of aliphatic
hydrocarbons or a mixture of one and two ring aromatic hydrocarbons
that has been used and as a result of such use is contaminated by
physical or chemical impurities.
Vapor-mounted seal means a continuous seal that is mounted such
that there is a vapor space between the liquid in the unit and the
bottom of the seal.
Volatile organic hazardous air pollutant concentration or VOHAP
concentration means the fraction by weight of the HAP listed in Table 1
of this subpart that are contained in an off-site material. For the
purpose of this subpart, VOHAP concentration is determined in
accordance with the test methods and procedures specified in
Sec. 63.694 (b) and (c) of this subpart.
Waste means a material generated from industrial, commercial,
mining, or agricultural operations or from community activities that is
discarded, discharged, or is being accumulated, stored, or physically,
chemically, thermally, or biologically treated prior to being discarded
or discharged.
Waste management operation means the collection of off-site
material management units, process vents, and equipment components used
at a plant site to manage an off-site material stream from the point-
of-delivery to the point where the waste exits or is discharged from
the plant site or the waste is placed for on-site disposal in a unit
not subject to this subpart (e.g., a waste incinerator, a land disposal
unit).
Waste stabilization process means any physical or chemical process
used to either reduce the mobility of hazardous constituents in a waste
or eliminate free liquids as determined by Test Method 9095--Paint
Filter Liquids Test in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition,
September 1986, as amended by Update I, November 15, 1992. A waste
stabilization process includes mixing the waste with binders or other
materials, and curing the resulting waste and binder mixture. Other
synonymous terms used to refer to this process are ``waste fixation''
or ``waste solidification.'' A waste stabilization process does not
include the adding of absorbent materials to the surface of a waste,
without mixing, agitation, or subsequent curing, to absorb free liquid.
Sec. 63.682 [Reserved]
Sec. 63.683 Standards: General.
(a) This section applies to owners and operators of affected
sources as defined in Sec. 63.680(c) of this subpart.
(b) The owner or operator shall control the air emissions from each
affected source in accordance with the following requirements:
(1) For each off-site material management unit that is part of an
affected source, the owner or operator shall perform one of the
following except when the unit is exempted under provisions of
paragraph (c) of this section:
(i) Install and operate air emission controls on the off-site
material management unit in accordance with the standards specified in
Secs. 63.685 through 63.689 of this subpart, as applicable to the unit;
(ii) Treat the off-site material to remove or destroy the HAP in
accordance with the treatment standards specified in Sec. 63.684 of
this subpart before placing the material in the off-site material
management unit; or
(iii) Determine that the average VOHAP concentration of each off-
site material stream managed in the off-site material unit remains at a
level less than 500 parts per million by weight (ppmw) based on the HAP
content of the off-site material stream at the point-of-delivery. The
owner or operator shall perform an initial determination of the average
VOHAP concentration of each off-site material stream using the
procedures specified in Sec. 63.694(b) of this subpart before the first
time any portion of the off-site material stream is placed in the unit.
Thereafter, the owner or operator shall review and update, as
necessary, this determination at least once every 12 months following
the date of the initial determination for the off-site material stream.
(2) For each process vent that is part of an affected source, the
owner or operator shall control the HAP emitted from the process vent
by implementing one of the following control measures.
(i) Install and operate air emission controls on the process vent
in accordance with the standards specified in Sec. 63.690 of this
subpart.
[[Page 34162]]
(ii) Determine that the average VOHAP concentration of each off-
site material stream managed in the unit on which the process vent is
used remains at a level less than 500 parts per million by weight
(ppmw) based on the HAP content of the off-site material stream at the
point-of-delivery. The owner or operator shall perform an initial
determination of the average VOHAP concentration of each off-site
material stream using the procedures specified in Sec. 63.694(b) of
this subpart before the first time any portion of the off-site material
stream is placed in the unit. Thereafter, the owner or operator shall
review and update, as necessary, this determination at least once every
12 months following the date of the initial determination for the off-
site material stream.
(3) For each equipment component that is part of an affected source
and meets all of the criteria specified in paragraphs (b)(3)(i) through
(b)(3)(iii) of this section, the owner or operator shall control the
HAP emitted from equipment leaks by implementing control measures in
accordance with the standards specified in Sec. 63.691 of this subpart.
(i) The equipment component contains or contacts off-site material
having a total HAP concentration equal to or greater than 10 percent by
weight;
(ii) The equipment piece is a pump, compressor, agitator, pressure
relief device, sampling connection system, open-ended valve or line,
valve, connector, or instrumentation system; and
(iii) The equipment piece is intended to operate 300 hours or more
during a 12-month period.
(c) Exempted off-site material management units. An off-site
material management unit is exempted from the requirements specified in
paragraph (b) of this section when the unit meets any one of the
exemptions provided in paragraphs (c)(1) through (c)(5) of this
section.
(1) An off-site material management unit is exempted from the
requirements specified in paragraph (b) of this section if the unit is
also subject to another subpart under 40 CFR part 61 or 40 CFR part 63,
and the owner or operator is controlling the HAP listed in Table 1 of
this subpart that are emitted from the unit in compliance with the
provisions specified in the other applicable subpart.
(2) One or more off-site material management units located at a
plant site can be exempted from the requirements specified in paragraph
(b) of this section at the discretion of the owner or operator provided
that the total annual quantity of HAP contained in the off-site
material placed in the off-site material management units selected by
the owner or operator to be exempted under this provision is less than
1 megagram per year. This total annual HAP quantity for the off-site
material shall be based on the total quantity of the HAP listed in
Table 1 of this subpart as determined at the point where the off-site
material is placed in each exempted unit. For the off-site material
management unit selected by the owner or operator to be exempted from
the under this provision, the owner or operator shall meet the
following requirements:
(i) Documentation shall be prepared by the owner or operator and
maintained at the plant site to support the initial determination of
the total annual HAP quantity of the off-site material. This
documentation shall include identification of each off-site material
management unit selected by the owner or operator to be exempted under
paragraph (c)(2) of this section and the basis for determining the HAP
content of the off-site material. The owner or operator shall perform a
new determination when the extent of changes to the quantity or
composition of the off-site material placed in the exempted units could
cause the total annual HAP content in the off-site material to exceed 1
megagram per year.
(ii) Each of the off-site material management units exempted under
paragraph (c)(2) of this section shall be permanently marked in such a
manner that it can be readily identified as an exempted unit from the
other off-site material management units located at the plant site.
(3) A tank or surface impoundment is exempted from the requirements
specified in paragraph (b) of this section if the unit is used for a
biological treatment process that destroys or degrades the HAP
contained in the material entering the unit, such that either of the
following conditions is met:
(i) The HAP reduction efficiency (R) for the process is equal to or
greater than 95 percent, and the HAP biodegradation efficiency
(Rbio) for the process is equal to or greater than 95 percent. The
HAP reduction efficiency (R) shall be determined using the procedure
specified in Sec. 63.694(g) of this subpart. The HAP biodegradation
efficiency (Rbio) shall be determined in accordance with the
requirements of Sec. 63.694(h) of this subpart.
(ii) The total actual HAP mass removal rate (MRbio) as
determined in accordance with the requirements of Sec. 63.694(i) of
this subpart for the off-site material treated by the process is equal
to or greater than the required HAP mass removal rate (RMR) as
determined in accordance with the requirements of Sec. 63.694(e) of
this subpart.
(4) An off-site material management unit is exempted from the
requirements specified in paragraph (b) of this section if the off-site
material placed in the unit is a hazardous waste that meets the
numerical concentration limits, applicable to the hazardous waste, as
specified in 40 CFR part 268--Land Disposal Restrictions under both of
the following tables:
(i) Table ``Treatment Standards for Hazardous Waste'' in 40 CFR
268.40; and
(ii) Table UTS--``Universal Treatment Standards'' in 40 CFR 268.48.
(5) A tank used for bulk feed of off-site material to a waste
incinerator is exempted from the requirements specified in paragraph
(b) of this section if all of the following conditions are met:
(i) The tank is located inside an enclosure vented to a control
device that is designed and operated in accordance with all applicable
requirements specified under 40 CFR part 61, subpart FF--National
Emission Standards for Benzene Waste Operations for a facility at which
the total annual benzene quantity from the facility waste is equal to
or greater than 10 megagrams per year;
(ii) The enclosure and control device serving the tank were
installed and began operation prior to July 1, 1996; and
(iii) The enclosure is designed and operated in accordance with the
criteria for a permanent total enclosure as specified in ``Procedure
T--Criteria for and Verification of a Permanent or Temporary Total
Enclosure'' under 40 CFR 52.741, Appendix B. The enclosure may have
permanent or temporary openings to allow worker access; passage of
material into or out of the enclosure by conveyor, vehicles, or other
mechanical means; entry of permanent mechanical or electrical
equipment; or to direct airflow into the enclosure. The owner or
operator shall perform the verification procedure for the enclosure as
specified in Section 5.0 to ``Procedure T--Criteria for and
Verification of a Permanent or Temporary Total Enclosure'' annually.
Sec. 63.684 Standards: Off-Site Material Treatment.
(a) The provisions of this section apply to the treatment of off-
site material to control air emissions for which Sec. 63.683(b)(1)(ii)
of this subpart references the requirements of this section for such
treatment.
[[Page 34163]]
(b) The owner or operator shall remove or destroy the HAP contained
in off-site material streams to be managed in the off-site material
management unit in accordance with Sec. 63.683(b)(1)(ii) of this
subpart using a treatment process that continuously achieves, under
normal operations, one of the following performance levels for the
range of off-site material stream compositions and quantities expected
to be treated:
(1) VOHAP concentration. The treatment process shall reduce the
VOHAP concentration of the off-site material using a means, other than
by dilution, to achieve one of the following performance levels, as
applicable:
(i) In the case when every off-site material stream entering the
treatment process has an average VOHAP concentration equal to or
greater than 500 ppmw at the point-of-delivery, then the VOHAP
concentration of the off-site material shall be reduced to a level that
is less than 500 ppmw at the point-of-treatment.
(ii) In the case when the off-site material streams entering the
treatment process include off-site material streams having average
VOHAP concentrations less than 500 ppmw at the point-of-delivery, then
the VOHAP concentration of the off-site material shall be reduced to a
level at the point-of-treatment that is either:
(A) Less than the VOHAP concentration limit (CR) established
for the treatment process using the procedure specified in
Sec. 63.694(d) of this subpart; or
(B) Less than the lowest VOHAP concentration determined for each of
the off-site material streams entering the treatment process as
determined by the VOHAP concentration of the off-site material at the
point-of-delivery.
(2) HAP mass removal. The treatment process shall achieve a
performance level such that the total quantity of HAP actually removed
from the off-site material stream (MR) is equal to or greater than the
required mass removal (RMR) established for the off-site material
stream using the procedure specified in Sec. 63.694(e) of this subpart.
The MR for the off-site material streams shall be determined using the
procedures specified in Sec. 63.694(f) of this subpart.
(3) HAP reduction efficiency. The treatment process shall achieve a
performance level such that the total quantity of HAP in the off-site
material stream is reduced to one of the following performance levels,
as applicable:
(i) In the case when the owner or operator determines that off-site
material stream entering the treatment process has an average VOHAP
concentration less than 10,000 ppmw at the point-of-delivery, then the
treatment process shall achieve a performance level such that the total
quantity of HAP in the off-site material stream is reduced by 95
percent or more. The HAP reduction efficiency (R) for the treatment
process shall be determined using the procedure specified in
Sec. 63.694(g) of this subpart. The average VOHAP concentration of the
off-site material stream at the point-of-delivery shall be determined
using the procedure specified in Sec. 63.694(b) of this subpart.
(ii) In the case when the off-site material stream entering the
treatment process has an average VOHAP concentration equal to or
greater than 10,000 ppmw at the point-of-delivery, then the treatment
process shall achieve a performance level such that the total quantity
of HAP in the off-site material stream is reduced by 95 percent or
more, and the average VOHAP concentration of the off-site material at
the point-of-treatment is less than 100 parts per million by weight
(ppmw). The HAP reduction efficiency (R) for the treatment process
shall be determined using the procedure specified in Sec. 63.694(g) of
this subpart. The average VOHAP concentration of the off-site material
stream at the point-of-treatment shall be determined using the
procedure specified in Sec. 63.694(c) of this subpart.
(4) Biological degradation. The treatment process shall achieve
either of the following performance levels:
(i) The HAP reduction efficiency (R) for the treatment process is
equal to or greater than 95 percent, and the HAP biodegradation
efficiency (Rbio) for the treatment process is equal to or greater
than 95 percent. The HAP reduction efficiency (R) shall be determined
using the procedure specified in Sec. 63.694(g) of this subpart. The
HAP biodegradation efficiency (Rbio) shall be determined in
accordance with the requirements of Sec. 63.694(h) of this subpart.
(ii) The total quantity of HAP actually removed from the off-site
material stream by biological degradation (MRbio) shall be equal
to or greater than the required mass removal (RMR) established for the
off-site material stream using the procedure specified in
Sec. 63.694(e) of this subpart. The MRbio of the off-site material
stream shall be determined using the procedures specified in
Sec. 63.694(i) of this subpart.
(5) Incineration. The HAP contained in the off-site material stream
shall be destroyed using one of the following combustion devices:
(i) An incinerator for which the owner or operator has either:
(A) Been issued a final permit under 40 CFR part 270, and the
incinerator is designed and operated in accordance with the
requirements of 40 CFR 264 subpart O--Incinerators, or
(B) Has certified compliance with the interim status requirements
of 40 CFR 265 subpart O--Incinerators.
(ii) A boiler or industrial furnace for which the owner or operator
has either:
(A) Been issued a final permit under 40 CFR part 270, and the
combustion unit is designed and operated in accordance with the
requirements of 40 CFR part 266 subpart H--Hazardous Waste Burned in
Boilers and Industrial Furnaces, or
(B) Has certified compliance with the interim status requirements
of 40 CFR part 266 subpart H Hazardous Waste Burned in Boilers and
Industrial Furnaces.
(c) For a treatment process that removes the HAP from the off-site
material by a means other than thermal destruction or biological
degradation to achieve one of the performances levels specified in
paragraph (b)(1), (b)(2), or (b)(3) of this section, the owner or
operator shall manage the HAP removed from the off-site material in
such a manner to minimize release of these HAP to the atmosphere, to
the extent practical. Examples of HAP emission control measures that
meet the requirements of this paragraph include managing the HAP
removed from the off-site material in units that use air emission
controls in accordance with the standards specified in Secs. 63.685
through 63.689 of this subpart, as applicable to the unit.
(d) When the owner or operator treats the off-site material to meet
one of the performance levels specified in paragraphs (b)(1) through
(b)(4) of this section, the owner or operator shall demonstrate that
the treatment process achieves the selected performance level for the
range of expected off-site material stream compositions expected to be
treated. An initial demonstration shall be performed as soon as
possible but no later than 30 days after first time an owner or
operator begins using the treatment process to manage off-site material
streams in accordance with the requirements of Sec. 63.683(b)(1)(ii) of
this subpart. Thereafter, the owner or operator shall review and
update, as necessary, this demonstration at least once every 12 months
following the date of the initial demonstration.
(e) When the owner or operator treats the off-site material to meet
one of the performance levels specified in paragraphs (b)(1) through
(b)(4) of this section, the owner or operator shall ensure that the
treatment process is
[[Page 34164]]
achieving the applicable performance requirements by continuously
monitoring the operation of the process when it is used to treat off-
site material:
(1) A continuous monitoring system shall be installed and operated
for each treatment that measures operating parameters appropriate for
the treatment process technology. This system shall include a
continuous recorder that records the measured values of the selected
operating parameters. The monitoring equipment shall be installed,
calibrated, and maintained in accordance with the equipment
manufacturer's specifications. The continuous recorder shall be a data
recording device that records either an instantaneous data value at
least once every 15 minutes or an average value for intervals of 15
minutes or less.
(2) For each monitored operating parameter, the owner or operator
shall establish a minimum operating parameter value or a maximum
operating parameter value, as appropriate, to define the range of
conditions at which the treatment process must be operated to
continuously achieve the applicable performance requirements of this
section.
(3) When the treatment process is operating to treat off-site
material, the owner or operator shall inspect the data recorded by the
continuous monitoring system on a routine basis and operate the
treatment process such that the actual value of each monitored
operating parameter is greater than the minimum operating parameter
value or less than the maximum operating parameter value, as
appropriate, established for the treatment process.
(f) The owner or operator shall maintain records for each treatment
process in accordance with the requirements of Sec. 63.696 of this
subpart.
(g) The owner or operator shall prepare and submit reports for each
treatment process in accordance with the requirements of Sec. 63.697 of
this subpart.
(h) The Administrator may at any time conduct or request that the
owner or operator conduct testing necessary to demonstrate that a
treatment process is achieving the applicable performance requirements
of this section. The testing shall be conducted in accordance with the
applicable requirements of this section. The Administrator may elect to
have an authorized representative observe testing conducted by the
owner or operator.
Sec. 63.685 Standards: Tanks.
(a) The provisions of this section apply to the control of air
emissions from tanks for which Sec. 63.683(b)(1)(i) of this subpart
references the use of this section for such air emission control.
(b) The owner or operator shall control air emissions from each
tank subject to this section in accordance with the following
applicable requirements:
(1) For a tank that is part of an existing affected source but the
tank is not used to manage off-site material having a maximum organic
vapor pressure that is equal to or greater than 76.6 kPa nor is the
tank used for a waste stabilization process as defined in Sec. 63.681
of this subpart, the owner or operator shall determine whether the tank
is required to use either Tank Level 1 controls or Tank Level 2
controls as specified for the tank by Table 3 of this subpart based on
the off-site material maximum HAP vapor pressure and the tank's design
capacity. The owner or operator shall control air emissions from a tank
required by Table 3 to use Tank Level 1 controls in accordance with the
requirements of paragraph (c) of this section. The owner or operator
shall control air emissions from a tank required by Table 3 to use Tank
Level 2 controls in accordance with the requirements of paragraph (d)
of this section.
(2) For a tank that is part of a new affected source but the tank
is not used to manage off-site material having a maximum organic vapor
pressure that is equal to or greater than 76.6 kPa nor is the tank used
for a waste stabilization process as defined in Sec. 63.681 of this
subpart, the owner or operator shall determine whether the tank is
required to use either Tank Level 1 controls or Tank Level 2 controls
as specified for the tank by Table 4 of this subpart based on the off-
site material maximum HAP vapor pressure and the tank's design
capacity. The owner or operator shall control air emissions from a tank
required by Table 4 to use Tank Level 1 controls in accordance with the
requirements of paragraph (c) of this section. The owner or operator
shall control air emissions from a tank required by Table 4 to use Tank
Level 2 controls in accordance with the requirements of paragraph (d)
of this section.
(3) For a tank that is used for a waste stabilization process, the
owner or operator shall control air emissions from the tank by using
Tank Level 2 controls in accordance with the requirements of paragraph
(d) of this section.
(4) For a tank that manages off-site material having a maximum
organic vapor pressure that is equal to or greater than the 76.6 kPa,
the owner or operator shall control air emissions from the tank by
venting the tank through a closed-vent system to a control device in
accordance with the requirements of paragraph (g) of this section.
(c) Owners and operators controlling air emissions from a tank
using Tank Level 1 controls shall meet the following requirements:
(1) The owner or operator shall determine the maximum HAP vapor
pressure for an off-site material to be managed in the tank using Tank
Level 1 controls before the first time the off-site material is placed
in the tank. The maximum HAP vapor pressure shall be determined using
the procedures specified in Sec. 63.694(j) of this subpart. Thereafter,
the owner or operator shall perform a new determination whenever
changes to the off-site material managed in the tank could potentially
cause the maximum HAP vapor pressure to increase to a level that is
equal to or greater than the maximum HAP vapor pressure limit for the
tank design capacity category specified in Table 3 or Table 4 of this
subpart, as applicable to the tank.
(2) The owner or operator shall control air emissions from the tank
using a fixed-roof in accordance with the provisions specified in 40
CFR 63 subpart OO--National Emission Standards for Tanks--Level 1.
(d) Owners and operators controlling air emissions from a tank
using Tank Level 2 controls shall use one of the following tanks:
(1) A fixed-roof tank equipped with an internal floating roof in
accordance with the requirements specified in paragraph (e) of this
section;
(2) A tank equipped with an external floating roof in accordance
with the requirements specified in paragraph (f) of this section;
(3) A tank vented through a closed-vent system to a control device
in accordance with the requirements specified in paragraph (g) of this
section;
(4) A pressure tank designed and operated in accordance with the
requirements specified in paragraph (h) of this section; or
(5) A tank located inside an enclosure that is vented through a
closed-vent system to an enclosed combustion control device in
accordance with the requirements specified in paragraph (i) of this
section.
(e) The owner or operator who elects to control air emissions from
a tank using a fixed-roof with an internal floating roof shall meet the
requirements specified in paragraphs (e)(1) through (e)(3) of this
section.
(1) The tank shall be equipped with a fixed roof and an internal
floating roof
[[Page 34165]]
in accordance with the following requirements:
(i) The internal floating roof shall be designed to float on the
liquid surface except when the floating roof must be supported by the
leg supports.
(ii) The internal floating roof shall be equipped with a continuous
seal between the wall of the tank and the floating roof edge that meets
either of the following requirements:
(A) A single continuous seal that is either a liquid-mounted seal
or a metallic shoe seal, as defined in Sec. 63.681 of this subpart; or
(B) Two continuous seals mounted one above the other. The lower
seal may be a vapor-mounted seal.
(iii) The internal floating roof shall meet the following
specifications:
(A) Each opening in a noncontact internal floating roof except for
automatic bleeder vents (vacuum breaker vents) and the rim space vents
is to provide a projection below the liquid surface.
(B) Each opening in the internal floating roof shall be equipped
with a gasketed cover or a gasketed lid except for leg sleeves,
automatic bleeder vents, rim space vents, column wells, ladder wells,
sample wells, and stub drains.
(C) Each penetration of the internal floating roof for the purpose
of sampling shall have a slit fabric cover that covers at least 90
percent of the opening.
(D) Each automatic bleeder vent and rim space vent shall be
gasketed.
(E) Each penetration of the internal floating roof that allows for
passage of a ladder shall have a gasketed sliding cover.
(F) Each penetration of the internal floating roof that allows for
passage of a column supporting the fixed roof shall have a flexible
fabric sleeve seal or a gasketed sliding cover.
(2) The owner or operator shall operate the tank in accordance with
the following requirements:
(i) When the floating roof is resting on the leg supports, the
process of filling, emptying, or refilling shall be continuous and
shall be accomplished as soon as practical.
(ii) Automatic bleeder vents are to be set closed at all times when
the roof is floating, except when the roof is being floated off or is
being landed on the leg supports.
(iii) Prior to filling the tank, each cover, access hatch, gauge
float well or lid on any opening in the internal floating roof shall be
bolted or fastened closed (i.e., no visible gaps). Rim spaces vents are
to be set to open only when the internal floating roof is not floating
or when the pressure beneath the rim exceeds the manufacturer's
recommended setting.
(3) The owner or operator shall inspect the internal floating roof
in accordance with the procedures specified in Sec. 63.695(b) of this
subpart.
(f) The owner or operator who elects to control tank emissions by
using an external floating roof shall meet the requirements specified
in paragraphs (f)(1) through (f)(3) of this section.
(1) The owner or operator shall design the external floating roof
in accordance with the following requirements:
(i) The external floating roof shall be designed to float on the
liquid surface except when the floating roof must be supported by the
leg supports.
(ii) The floating roof shall be equipped with two continuous seals,
one above the other, between the wall of the tank and the roof edge.
The lower seal is referred to as the primary seal, and the upper seal
is referred to as the secondary seal.
(A) The primary seal shall be a liquid-mounted seal or a metallic
shoe seal, as defined in Sec. 63.681 of this subpart. The total area of
the gaps between the tank wall and the primary seal shall not exceed
212 square centimeters (cm\2\) per meter of tank diameter, and the
width of any portion of these gaps shall not exceed 3.8 centimeters
(cm). If a metallic shoe seal is used for the primary seal, the
metallic shoe seal shall be designed so that one end extends into the
liquid in the tank and the other end extends a vertical distance of at
least 61 centimeters above the liquid surface.
(B) The secondary seal shall be mounted above the primary seal and
cover the annular space between the floating roof and the wall of the
tank. The total area of the gaps between the tank wall and the
secondary seal shall not exceed 21.2 square centimeters (cm\2\) per
meter of tank diameter, and the width of any portion of these gaps
shall not exceed 1.3 centimeters (cm).
(iii) The external floating roof shall be meet the following
specifications:
(A) Except for automatic bleeder vents (vacuum breaker vents) and
rim space vents, each opening in a noncontact external floating roof
shall provide a projection below the liquid surface.
(B) Except for automatic bleeder vents, rim space vents, roof
drains, and leg sleeves, each opening in the roof shall be equipped
with a gasketed cover, seal, or lid.
(C) Each access hatch and each gauge float wells shall be equipped
with covers designed to be bolted or fastened when the cover is secured
in the closed position.
(D) Each automatic bleeder vent and each rim space vents shall be
equipped with a gasket.
(E) Each roof drain that empties into the liquid managed in the
tank shall be equipped with a slotted membrane fabric cover that covers
at least 90 percent of the area of the opening.
(F) Each unslotted and slotted guide pole well shall be equipped
with a gasketed sliding cover or a flexible fabric sleeve seal.
(G) Each unslotted guide pole shall be equipped with a gasketed cap
on the end of the pole.
(H) Each slotted guide pole shall be equipped with a gasketed float
or other device which closes off the surface from the atmosphere.
(I) Each gauge hatch and each sample well shall be equipped with a
gasketed cover.
(2) The owner or operator shall operate the tank in accordance with
the following requirements:
(i) When the floating roof is resting on the leg supports, the
process of filling, emptying, or refilling shall be continuous and
shall be accomplished as soon as practical.
(ii) Except for automatic bleeder vents, rim space vents, roof
drains, and leg sleeves, each opening in the roof shall be secured and
maintained in a closed position at all times except when the closure
device must be open for access.
(iii) Covers on each access hatch and each gauge float well shall
be bolted or fastened when secured in the closed position.
(iv) Automatic bleeder vents shall be set closed at all times when
the roof is floating, except when the roof is being floated off or is
being landed on the leg supports.
(v) Rim space vents shall be set to open only at those times that
the roof is being floated off the roof leg supports or when the
pressure beneath the rim seal exceeds the manufacturer's recommended
setting.
(vi) The cap on the end of each unslotted guide pole shall be
secured in the closed position at all times except when measuring the
level or collecting samples of the liquid in the tank.
(vii) The cover on each gauge hatch or sample well shall be secured
in the closed position at all times except when the hatch or well must
be opened for access.
(viii) Both the primary seal and the secondary seal shall
completely cover the annular space between the external floating roof
and the wall of the tank in a continuous fashion except during
inspections.
[[Page 34166]]
(3) The owner or operator shall inspect the external floating roof
in accordance with the procedures specified in Sec. 63.695(b) of this
subpart.
(g) The owner or operator who controls tank air emissions by
venting to a control device shall meet the requirements specified in
paragraphs (g)(1) through (g)(3) of this section.
(1) The tank shall be covered by a fixed roof and vented directly
through a closed-vent system to a control device in accordance with the
following requirements:
(i) The fixed roof and its closure devices shall be designed to
form a continuous barrier over the entire surface area of the liquid in
the tank.
(ii) Each opening in the fixed roof not vented to the control
device shall be equipped with a closure device. If the pressure in the
vapor headspace underneath the fixed roof is less than atmospheric
pressure when the control device is operating, the closure devices
shall be designed to operate such that when the closure device is
secured in the closed position there are no visible cracks, holes,
gaps, or other open spaces in the closure device or between the
perimeter of the cover opening and the closure device. If the pressure
in the vapor headspace underneath the fixed roof is equal to or greater
than atmospheric pressure when the control device is operating, the
closure device shall be designed to operate with no detectable organic
emissions.
(iii) The fixed roof and its closure devices shall be made of
suitable materials that will minimize exposure of the off-site material
to the atmosphere, to the extent practical, and will maintain the
integrity of the equipment throughout its intended service life.
Factors to be considered when selecting the materials for and designing
the fixed roof and closure devices shall include: organic vapor
permeability, the effects of any contact with the liquid and its vapor
managed in the tank; the effects of outdoor exposure to wind, moisture,
and sunlight; and the operating practices used for the tank on which
the fixed roof is installed.
(iv) The closed-vent system and control device shall be designed
and operated in accordance with the requirements of Sec. 63.693 of this
subpart.
(2) Whenever an off-site material is in the tank, the fixed roof
shall be installed with each closure device secured in the closed
position and the vapor headspace underneath the fixed roof vented to
the control device except as follows:
(i) Venting to the control device is not required, and opening of
closure devices or removal of the fixed roof is allowed at the
following times:
(A) To provide access to the tank for performing routine
inspection, maintenance, or other activities needed for normal
operations. Examples of such activities include those times when a
worker needs to open a port to sample liquid in the tank, or when a
worker needs to open a hatch to maintain or repair equipment. Following
completion of the activity, the owner or operator shall promptly secure
the closure device in the closed position or reinstall the cover, as
applicable, to the tank.
(B) To remove accumulated sludge or other residues from the bottom
of separator.
(ii) Opening of a safety device, as defined in Sec. 63.681 of this
subpart, is allowed at any time conditions require it to do so to avoid
an unsafe condition.
(3) The owner or operator shall inspect and monitor the air
emission control equipment in accordance with the procedures specified
in Sec. 63.695 of this subpart.
(h) The owner or operator who elects to control tank air emissions
by using a pressure tank shall meet the following requirements.
(1) The tank shall be designed not to vent to the atmosphere as a
result of compression of the vapor headspace in the tank during filling
of the tank to its design capacity.
(2) All tank openings shall equipped with closure devices designed
to operate with no detectable organic emissions as determined using the
procedure specified in Sec. 63.694(k) of this subpart.
(3) Whenever an off-site material is in the tank, the tank shall be
operated as a closed system that does not vent to the atmosphere except
in the event that opening of a safety device, as defined in Sec. 63.681
of this subpart, is required to avoid an unsafe condition.
(i) The owner or operator who elects to control air emissions by
using an enclosure vented through a closed-vent system to an enclosed
combustion control device shall meet the requirements specified in
paragraphs (i)(1) through (i)(4) of this section.
(1) The tank shall be located inside an enclosure. The enclosure
shall be designed and operated in accordance with the criteria for a
permanent total enclosure as specified in ``Procedure T--Criteria for
and Verification of a Permanent or Temporary Total Enclosure'' under 40
CFR 52.741, Appendix B. The enclosure may have permanent or temporary
openings to allow worker access; passage of material into or out of the
enclosure by conveyor, vehicles, or other mechanical means; entry of
permanent mechanical or electrical equipment; or to direct airflow into
the enclosure. The owner or operator shall perform the verification
procedure for the enclosure as specified in Section 5.0 to ``Procedure
T--Criteria for and Verification of a Permanent or Temporary Total
Enclosure'' initially when the enclosure is first installed and,
thereafter, annually.
(2) The enclosure shall be vented through a closed-vent system to
an enclosed combustion control device that is designed and operated in
accordance with the standards for either a vapor incinerator, boiler,
or process heater specified in Sec. 63.693 of this subpart.
Sec. 63.686 Standards: Oil-water and organic-water separators.
(a) The provisions of this section apply to the control of air
emissions from oil-water separators and organic-water separators for
which Sec. 63.683(b)(1)(i) of this subpart references the use of this
section for such air emission control.
(b) The owner or operator shall control air emissions from the
separator subject to this section by installing and operating one of
the following:
(1) A floating roof in accordance with all applicable provisions
specified in 40 CFR 63 subpart VV--National Emission Standards for Oil-
Water Separators and Organic-Water Separators. For portions of the
separator where it is infeasible to install and operate a floating
roof, such as over a weir mechanism, the owner or operator shall comply
with the requirements specified in paragraph (b)(2) of this section.
(2) A fixed-roof that is vented through a closed-vent system to a
control device in accordance with all applicable provisions specified
in 40 CFR 63 subpart VV--National Emission Standards for Oil-Water
Separators and Organic-Water Separators.
Sec. 63.687 Standards: Surface impoundments.
(a) The provisions of this section apply to the control of air
emissions from surface impoundments for which Sec. 63.683(b)(1)(i) of
this subpart references the use of this section for such air emission
control.
(b) The owner or operator shall control air emissions from each
surface impoundment subject to this section by installing and operating
one of the following, as relevant to the surface impoundment design and
operation:
(1) A floating membrane cover in accordance with the applicable
provisions specified in 40 CFR 63 subpart QQ--National Emission
Standards for Surface Impoundments; or
(2) A cover that is vented through a closed-vent system to a
control device in accordance with all applicable
[[Page 34167]]
provisions specified in 40 CFR 63 subpart QQ--National Emission
Standards for Surface Impoundments.
Sec. 63.688 Standards: Containers.
(a) The provisions of this section apply to the control of air
emissions from containers for which Sec. 63.683(b)(1)(i) of this
subpart references the use of this section for such air emission
control.
(b) The owner or operator shall control air emissions from each
container subject to this section in accordance with the following
requirements, as applicable to the container, except when the special
provisions for waste stabilization processes specified in paragraph (c)
of this section apply to the container.
(1) For a container having a design capacity greater than 0.1
m3 and less than or equal to 0.46 m3, the owner or operator
shall control air emissions from the container in accordance with the
standards for Container Level 1 controls as specified in 40 CFR 63
subpart PP--National Emission Standards for Containers.
(2) For a container having a design capacity greater than 0.46
m3 and the container is not in light-material service as defined
in Sec. 63.681 of this subpart, the owner or operator shall control air
emissions from the container in accordance with the standards for
Container Level 1 controls as specified in 40 CFR 63 subpart PP--
National Emission Standards for Containers.
(3) For a container having a design capacity greater than 0.46
m3 and the container is in light-material service as defined in
Sec. 63.681 of this subpart, the owner or operator shall control air
emissions from the container in accordance with the standards for
Container Level 2 controls as specified in 40 CFR 63 subpart PP--
National Emission Standards for Containers.
(c) When a container subject to this subpart and having a design
capacity greater than 0.1 m3 is used for treatment of an off-site
material by a waste stabilization process as defined in Sec. 63.681 of
this subpart, the owner or operator shall control air emissions from
the container at those times during the process when the off-site
material in container is exposed to the atmosphere in accordance with
the standards for Container Level 3 controls as specified in 40 CFR 63
subpart PP--National Emission Standards for Containers.
Sec. 63.689 Standards: Transfer systems.
(a) The provisions of this section apply to the control of air
emissions from transfer systems for which Sec. 63.683(b)(1)(i) of this
subpart references the use of this section for such air emission
control.
(b) For each transfer system that is subject to this section and is
an individual drain system, the owner or operator shall control air
emissions from in accordance with the standards specified in 40 CFR 63
subpart RR--National Emission Standards for Individual Drain Systems.
(c) For each transfer system that is subject to this section but is
not an individual drain system, the owner or operator shall control air
emissions by installing and operating one of the following:
(1) A transfer system that uses covers in accordance with the
requirements specified in paragraph (d) of this section.
(2) A transfer system that consists of continuous hard-piping. All
joints or seams between the pipe sections shall be permanently or semi-
permanently sealed (e.g., a welded joint between two sections of metal
pipe or a bolted and gasketed flange).
(3) A transfer system that is enclosed and vented through a closed
vent system to a control device in accordance with the following
requirements:
(i) The transfer system is designed and operated such that an
internal pressure in the vapor headspace in the system is maintained at
a level less than atmospheric pressure when the control device is
operating, and
(ii) The closed vent system and control device are designed and
operated in accordance with the requirements of Sec. 63.693 of this
subpart.
(d) Owners and operators controlling air emissions from a transfer
system using covers in accordance with the provisions of paragraph
(c)(1) of this section shall meet the following requirements:
(1) The cover and its closure devices shall be designed to form a
continuous barrier over the entire surface area of the off-site
material as it is conveyed by the transfer system except for the
openings at the inlet and outlet to the transfer system through which
the off-site material passes. The inlet and outlet openings used for
passage of the off-site material through the transfer system shall be
the minimum size required for practical operation of the transfer
system.
(2) The cover shall be installed in a manner such that there are no
visible cracks, holes, gaps, or other open spaces between cover section
joints or between the interface of the cover edge and its mounting.
(3) Except for the inlet and outlet openings to the transfer system
through which the off-site material passes, each opening in the cover
shall be equipped with a closure device designed to operate such that
when the closure device is secured in the closed position there are no
visible cracks, holes, gaps, or other open spaces in the closure device
or between the perimeter of the opening and the closure device.
(4) The cover and its closure devices shall be made of suitable
materials that will minimize exposure of the off-site material to the
atmosphere, to the extent practical, and will maintain the integrity of
the equipment throughout its intended service life. Factors to be
considered when selecting the materials for and designing the cover and
closure devices shall include: organic vapor permeability; the effects
of any contact with the material or its vapors conveyed in the transfer
system; the effects of outdoor exposure to wind, moisture, and
sunlight; and the operating practices used for the transfer system on
which the cover is installed.
(5) Whenever an off-site material is in the transfer system, the
cover shall be installed with each closure device secured in the closed
position except as follows:
(i) Opening of closure devices or removal of the cover is allowed
to provide access to the transfer system for performing routine
inspection, maintenance, repair, or other activities needed for normal
operations. Examples of such activities include those times when a
worker needs to open a hatch or remove the cover to repair conveyance
equipment mounted under the cover or to clear a blockage of material
inside the system. Following completion of the activity, the owner or
operator shall promptly secure the closure device in the closed
position or reinstall the cover, as applicable.
(ii) Opening of a safety device, as defined in Sec. 63.681 of this
subpart, is allowed at any time conditions require it to do so to avoid
an unsafe condition.
(6) The owner or operator shall inspect the air emission control
equipment in accordance with the requirements specified in Sec. 63.695
of this subpart.
Sec. 63.690 Standards: Process vents.
(a) The provisions of this section apply to the control of air
emissions from process vents for which Sec. 63.683(b)(2)(i) of this
subpart references the use of this section for such air emission
control.
(b) The owner or operator shall control HAP emitted from the
process vent within the affected source by connecting each process vent
through a closed-vent system to a control device that is designed and
operated in
[[Page 34168]]
accordance with the standards specified in Sec. 63.693 of this subpart
with the following exceptions.
(1) Each individual control device used to comply with the
requirements of this section is not required to meet the level of
performance, as applicable to the particular control technology used,
specified in Secs. 63.693 (d)(1), (e)(1), (f)(1)(i), and (g)(1)(i) of
this subpart provided that these control devices are designed and
operated to achieve a total reduction of 95 weight percent or more in
the quantity of HAP, listed in Table 1 of this subpart, that is emitted
from all process vents within the affected source.
(2) For the purpose of complying with this section, a device for
which the predominate function is the recovery or capture of solvents
or other organics for use, reuse, or sale (e.g., a primary condenser or
a solvent recovery unit) is not a control device.
Sec. 63.691 Standards: Equipment leaks.
(a) The provisions of this section apply to the control of air
emissions from equipment leaks for which Sec. 63.683(b)(3) of this
subpart references the use of this section for such air emission
control.
(b) The owner or operator shall control the HAP emitted from
equipment leaks in accordance with the applicable provisions of either:
(1) Section 61.242 through Sec. 61.247 in 40 CFR Part 61 subpart
V--National Emission Standards for Equipment Leaks; or
(2) Section 63.162 through Sec. 63.182 in 40 CFR Part 63 subpart
H--National Emission Standards for Organic Hazardous Air Pollutants
from Equipment Leaks.
Sec. 63.692 [Reserved]
Sec. 63.693 Standards: Closed-vent systems and control devices.
(a) The provisions of this section apply to closed-vent systems and
control devices used to control air emissions for which another
standard references the use of this section for such air emission
control.
(b) For each closed-vent system and control device used to comply
with this section, the owner or operator shall meet the following
requirements:
(1) The closed-vent system shall be designed and operated in
accordance with the requirements specified in paragraph (c) of this
section.
(2) The control device shall remove, recover, or destroy HAP at a
level of performance that achieves the requirements applicable to the
particular control device technology as specified in paragraphs (d)
through (h) of this section. The owner or operator shall demonstrate
that the control device achieves the applicable performance
requirements by either conducting a performance test or preparing a
design analysis for the control device in accordance with the
requirements specified in this section.
(3) Whenever gases or vapors containing HAP are vented through a
closed-vent system connected to a control device used to comply with
this section, the control device shall be operating except at the
following times:
(i) The control device may be bypassed for the purpose of
performing planned routine maintenance of the closed vent system or
control device in situations when the routine maintenance cannot be
performed during periods that the emission point vented to the control
device is shutdown. On an annual basis, the total time that the closed-
vent system or control device is bypassed to perform routine
maintenance shall not exceed 240 hours per each 12 month period.
(ii) The control device may be bypassed for the purpose of
correcting a malfunction of the closed vent system or control device.
The owner or operator shall perform the adjustments or repairs
necessary to correct the malfunction as soon as practicable after the
malfunction is detected.
(4) The owner or operator shall ensure that the control device is
achieving the performance requirements specified in paragraph (b)(2) of
this section by continuously monitoring the operation of the control
device as follows:
(i) A continuous monitoring system shall be installed and operated
for each control device that measures operating parameters appropriate
for the control device technology as specified in paragraphs (d)
through (h) of this section. This system shall include a continuous
recorder that records the measured values of the selected operating
parameters. The monitoring equipment shall be installed, calibrated,
and maintained in accordance with the equipment manufacturer's
specifications. The continuous recorder shall be a data recording
device that records either an instantaneous data value at least once
every 15 minutes or an average value for intervals of 15-minutes or
less.
(ii) For each monitored operating parameter, the owner or operator
shall establish a minimum operating parameter value or a maximum
operating parameter value, as appropriate, to define the range of
conditions at which the control device must be operated to continuously
achieve the applicable performance requirements of this section. Each
minimum or maximum operating parameter value shall be established as
follows:
(A) If the owner or operator conducts a performance test to
demonstrate control device performance, then the minimum or maximum
operating parameter value shall be established based on values measured
during the performance test and supplemented, as necessary, by control
device design analysis and manufacturer recommendations.
(B) If the owner or operator uses a control device design analysis
to demonstrate control device performance, then the minimum or maximum
operating parameter value shall be established based on the control
device design analysis and the control device manufacturer's
recommendations.
(C) When the control device is required to be operating in
accordance with the provisions of paragraph (b)(3) of this section, the
owner or operator shall inspect the data recorded by the continuous
monitoring system on a routine basis and operate the control device
such that the actual value of each monitored operating parameter is
greater than the minimum operating parameter value or less than the
maximum operating parameter value, as appropriate, established for the
control device.
(5) The owner or operator shall inspect and monitor the closed-vent
system in accordance with the requirements of Sec. 63.695(c) of this
subpart.
(6) The owner or operator shall maintain records for each closed-
vent system and control device in accordance with the requirements of
Sec. 63.696 of this subpart.
(7) The owner or operator shall prepare and submit reports for each
closed-vent system and control device in accordance with the
requirements of Sec. 63.697 of this subpart.
(8) The Administrator may at any time conduct or request that the
owner or operator conduct a performance test to demonstrate that a
closed-vent system and control device achieves the applicable
performance requirements of this section. The performance test shall be
conducted in accordance with the requirements of Sec. 63.694(l) of this
subpart. The Administrator may elect to have an authorized
representative observe a performance test conducted by the owner or
operator. Should the results of this performance test not agree with
the determination of control device performance based on a design
analysis, then the results of the performance test
[[Page 34169]]
shall be used to establish compliance with this section.
(c) Closed-vent system requirements.
(1) The vent stream required to be controlled shall be conveyed to
the control device by either of the following closed-vent systems:
(i) A closed-vent system that is designed to operate with no
detectable organic emissions using the procedure specified in
Sec. 63.694(k) of this subpart; or
(ii) A closed-vent system that is designed to operate at a pressure
below atmospheric pressure. The system shall be equipped with at least
one pressure gage or other pressure measurement device that can be read
from a readily accessible location to verify that negative pressure is
being maintained in the closed-vent system when the control device is
operating.
(2) In situations when the closed-vent system includes bypass
devices that could be used to divert the gas or vapor stream to the
atmosphere before entering the control device, each bypass device shall
be equipped with either a flow indicator as specified in paragraph
(c)(2)(i) or a seal or locking device as specified in paragraph
(c)(2)(ii) of this section. For the purpose of complying with this
paragraph, low leg drains, high point bleeds, analyzer vents, open-
ended valves or lines, spring-loaded pressure relief valves, and other
fittings used for safety purposes are not considered to be bypass
devices.
(i) If a flow indicator is used to comply with paragraph (c)(2) of
this section, the indicator shall be installed at the inlet to the
bypass line used to divert gases and vapors from the closed-vent system
to the atmosphere at a point upstream of the control device inlet. For
this paragraph, a flow indicator means a device which indicates either
the presence of gas or vapor flow in the bypass line.
(ii) If a seal or locking device is used to comply with paragraph
(c)(2) of this section, the device shall be placed on the mechanism by
which the bypass device position is controlled (e.g., valve handle,
damper lever) when the bypass device is in the closed position such
that the bypass device cannot be opened without breaking the seal or
removing the lock. Examples of such devices include, but are not
limited to, a car-seal or a lock-and-key configuration valve. The owner
or operator shall visually inspect the seal or closure mechanism at
least once every month to verify that the bypass mechanism is
maintained in the closed position.
(d) Carbon adsorption control device requirements.
(1) The carbon adsorption system shall be designed and operated to
achieve one of the following performance specifications:
(i) Recover 95 percent or more, on a weight-basis, of the total
organic compounds (TOC), less methane and ethane, contained in the vent
stream entering the carbon adsorption system; or
(ii) Recover 95 percent or more, on a weight-basis, of the total
HAP listed in Table 1 of this subpart contained in the vent stream
entering the carbon adsorption system.
(2) The owner or operator shall demonstrate that the carbon
adsorption system achieves the performance requirements of paragraph
(d)(1) of this section by one of the following methods:
(i) Conduct a performance test in accordance with the requirements
of Sec. 63.694(l) of this subpart.
(ii) Prepare a design analysis. This analysis shall address the
vent stream characteristics and control device operating parameters for
the applicable carbon adsorption system type as follows:
(A) For a regenerable carbon adsorption system, the design analysis
shall address the vent stream composition, constituent concentrations,
flow rate, relative humidity, and temperature and shall establish the
design exhaust vent stream organic compound concentration, adsorption
cycle time, number and capacity of carbon beds, type and working
capacity of activated carbon used for carbon beds, design total
regeneration steam flow over the period of each complete carbon bed
regeneration cycle, design carbon bed temperature after regeneration,
design carbon bed regeneration time, and design service life of the
carbon.
(B) For a nonregenerable carbon adsorption system (e.g., a carbon
canister), the design analysis shall address the vent stream
composition, constituent concentrations, flow rate, relative humidity,
and temperature and shall establish the design exhaust vent stream
organic compound concentration, carbon bed capacity, activated carbon
type and working capacity, and design carbon replacement interval based
on the total carbon working capacity of the control device and emission
point operating schedule.
(3) To meet the monitoring requirements of paragraph (b)(4) of this
section, the owner or operator shall use one of the following
continuous monitoring systems:
(i) For a regenerative-type carbon adsorption system, an
integrating regeneration stream flow monitoring device equipped with a
continuous recorder and a carbon bed temperature monitoring device for
each adsorber vessel equipped with a continuous recorder. The
integrating regeneration stream flow monitoring device shall have an
accuracy of 10 percent and measure the total regeneration
stream mass flow during the carbon bed regeneration cycle. The
temperature monitoring device shall measure the carbon bed temperature
after regeneration and within 15 minutes of completing the cooling
cycle and the duration of the carbon bed steaming cycle.
(ii) A continuous monitoring system that measures the concentration
level of organic compounds in the exhaust vent stream from the control
device using an organic monitoring device equipped with a continuous
recorder.
(iii) A continuous monitoring system that measures other
alternative operating parameters upon approval of the Administrator as
specified in 40 CFR 63.8 (f)(1) through (f)(5) of this part.
(4) The owner or operator shall manage the carbon used for the
carbon adsorption system, as follows:
(i) Following the initial startup of the control device, all carbon
in the control device shall be replaced with fresh carbon on a regular,
predetermined time interval that is no longer than the carbon service
life established for the carbon adsorption system.
(ii) The spent carbon removed from the carbon adsorption system
shall be managed in one of the following ways:
(A) Regenerated or reactivated in a thermal treatment unit that is
designed and operated in accordance with the requirements of 40 CFR 264
subpart X and is permitted under 40 CFR part 270 of this chapter, or
certified to be in compliance with the interim status requirements of
40 CFR 265 subpart P of this chapter.
(B) Burned in a hazardous waste incinerator that is designed and
operated in accordance with the requirements of 40 CFR 264 subpart O
and is permitted under 40 CFR part 270 of this chapter, or certified to
be in compliance with the interim status requirements of 40 CFR part
265 subpart O.
(C) Burned in a boiler or industrial furnace that is designed and
operated in accordance with the requirements of 40 CFR 266 subpart H
and is permitted under 40 CFR part 270 of this chapter, or certified to
be in compliance with the interim status requirements of 40 CFR part
266 subpart H of this chapter.
(e) Condenser control device requirements.
[[Page 34170]]
(1) The condenser shall be designed and operated to achieve one of
the following performance specifications:
(i) Recover 95 percent or more, on a weight-basis, of the total
organic compounds (TOC), less methane and ethane, contained in the vent
stream entering the condenser; or
(ii) Recover 95 percent or more, on a weight-basis, of the total
HAP, listed in Table 1 of this subpart, contained in the vent stream
entering the condenser.
(2) The owner or operator shall demonstrate that the condenser
achieves the performance requirements of paragraph (e)(1) of this
section by one of the following methods:
(i) Conduct performance tests in accordance with the requirements
of Sec. 63.694(l) of this subpart.
(ii) Prepare a design analysis. This design analysis shall address
the vent stream composition, constituent concentrations, flow rate,
relative humidity, and temperature and shall establish the design
outlet organic compound concentration level, design average temperature
of the condenser exhaust vent stream, and the design average
temperatures of the coolant fluid at the condenser inlet and outlet.
(3) To meet the continuous monitoring requirements of paragraph
(b)(3)(ii) of this section, the owner or operator shall use one of the
following continuous monitoring systems:
(i) A temperature monitoring device equipped with a continuous
recorder. The temperature sensor shall be installed at a location in
the exhaust vent stream from the condenser.
(ii) A continuous monitoring system that measures the concentration
level of organic compounds in the exhaust vent stream from the control
device using an organic monitoring device equipped with a continuous
recorder.
(iii) A continuous monitoring system that measures other
alternative operating parameters upon approval of the Administrator as
specified in 40 CFR 63.8 (f)(1) through (f)(5) of this part.
(f) Vapor incinerator control device requirements.
(1) The vapor incinerator shall be designed and operated to achieve
one of the following performance specifications:
(i) Destroy the total organic compounds (TOC), less methane and
ethane, contained in the vent stream entering the vapor incinerator
either:
(A) By 95 percent or more, on a weight-basis, or
(B) To achieve a total incinerator outlet concentration for the
TOC, less methane and ethane, of less than or equal to 20 parts per
million by volume (ppmv) on a dry basis corrected to 3 percent oxygen.
(ii) Destroy the HAP listed in Table 1 of this subpart contained in
the vent stream entering the vapor incinerator either:
(A) By 95 percent or more, on a total HAP weight-basis, or
(B) To achieve a total incinerator outlet concentration for the
HAP, listed in table 1 of this subpart, of less than or equal to 20
parts per million by volume (ppmv) on a dry basis corrected to 3
percent oxygen.
(iii) Maintain the conditions in the vapor incinerator combustion
chamber at a residence time of 0.5 seconds or longer and at a
temperature of 760 deg.C or higher.
(2) The owner or operator shall demonstrate that the vapor
incinerator achieves the performance requirements of paragraph (f)(1)
of this section by one of the following methods:
(i) Conduct performance tests in accordance with the requirements
of Sec. 63.694(l) of this subpart; or
(ii) Prepare a design analysis. The design analysis shall include
analysis of the vent stream characteristics and control device
operating parameters for the applicable vapor incinerator type as
follows:
(A) For a thermal vapor incinerator, the design analysis shall
address the vent stream composition, constituent concentrations, and
flow rate and shall establish the design minimum and average
temperatures in the combustion chamber and the combustion chamber
residence time.
(B) For a catalytic vapor incinerator, the design analysis shall
address the vent stream composition, constituent concentrations, and
flow rate and shall establish the design minimum and average
temperatures across the catalyst bed inlet and outlet, and the design
service life of the catalyst.
(3) To meet the monitoring requirements of paragraph (b)(4) of this
section, the owner or operator shall use one of the following
continuous monitoring systems, as applicable:
(i) For a thermal vapor incinerator, a temperature monitoring
device equipped with a continuous recorder. The temperature sensor
shall be installed at a location in the combustion chamber downstream
of the combustion zone.
(ii) For a catalytic vapor incinerator, a temperature monitoring
device capable of monitoring temperature at two locations equipped with
a continuous recorder. One temperature sensor shall be installed in the
vent stream at the nearest feasible point to the catalyst bed inlet and
a second temperature sensor shall be installed in the vent stream at
the nearest feasible point to the catalyst bed outlet.
(iii) For either type of vapor incinerator, a continuous monitoring
system that measures the concentration level of organic compounds in
the exhaust vent stream from the control device using an organic
monitoring device equipped with a continuous recorder.
(iv) For either type of vapor incinerator, a continuous monitoring
system that measures alternative operating parameters other than those
specified in paragraphs (f)(3)(i) or (f)(3)(ii) of this section upon
approval of the Administrator as specified in 40 CFR 63.8 (f)(1)
through (f)(5) of this part.
(g) Boilers and process heaters control device requirements.
(1) The boiler or process heater shall be designed and operated to
achieve one of the following performance specifications:
(i) Destroy the total organic compounds (TOC), less methane and
ethane, contained in the vent stream introduced into the flame zone of
the boiler or process heater either:
(A) By 95 percent or more, on a weight-basis, or
(B) To achieve in the exhausted combustion gases a total
concentration for the TOC, less methane and ethane, of less than or
equal to 20 parts per million by volume (ppmv) on a dry basis corrected
to 3 percent oxygen.
(ii) Destroy the HAP listed in Table 1 of this subpart contained in
the vent stream entering the vapor incinerator either:
(A) By 95 percent or more, on a total HAP weight-basis, or
(B) To achieve in the exhausted combustion gases a total
concentration for the HAP, listed in table 1 of the subpart, of less
than or equal to 20 parts per million by volume (ppmv) on a dry basis
corrected to 3 percent oxygen.
(iii) Introduce the vent stream into the flame zone of the boiler
or process heater and maintain the conditions in the combustion chamber
at a residence time of 0.5 seconds or longer and at a temperature of
760 deg.C or higher.
(iv) Introduce the vent stream with the fuel that provides the
predominate heat input to the boiler or process heater (i.e., the
primary fuel); or
(v) Introduce the vent stream to a boiler or process heater for
which the owner or operator either has been issued a final permit under
40 CFR part 270 and complies with the requirements of 40 CFR part 266
subpart H of this chapter; or has certified compliance with the interim
status requirements of
[[Page 34171]]
40 CFR part 266 subpart H of this chapter.
(2) The owner or operator shall demonstrate that the boiler or
process heater achieves the performance requirements of paragraph
(g)(1)(i), (g)(1)(ii), or (g)(1)(iii) of this section using one of the
following methods:
(i) Conduct performance tests in accordance with the requirements
of Sec. 63.694(l) of this subpart.
(ii) Prepare a design analysis. The design analysis shall address
the vent stream composition, constituent concentrations, and flow rate;
shall establish the design minimum and average flame zone temperatures
and combustion zone residence time; and shall describe the method and
location where the vent stream is introduced into the flame zone.
(3) The owner or operator shall demonstrate that the boiler or
process heater achieves the performance requirements of paragraph
(g)(1)(iv) or (g)(1)(v) of this section by keeping records that
document that the boiler or process heater is designed and operated in
accordance with the applicable requirements of this section.
(4) To meet the monitoring requirements of paragraph (b)(4) of this
section, the owner or operator shall use any of the following
continuous monitoring systems:
(i) A temperature monitoring device equipped with a continuous
recorder. The temperature sensor shall be installed at a location in
the combustion chamber downstream of the flame zone.
(ii) A continuous monitoring system that measures the concentration
level of organic compounds in the exhaust vent stream from the control
device using an organic monitoring device equipped with a continuous
recorder.
(iii) A continuous monitoring system that measures alternative
operating parameters other than those specified in paragraphs (g)(3)(i)
or (g)(3)(ii) of this section upon approval of the Administrator as
specified in 40 CFR 63.8 (f)(1) through (f)(5) of this part.
(h) Flare control device requirements. The flare shall be designed
and operated in accordance with the requirements of 40 CFR 63.11(b). To
meet the monitoring requirements of paragraph (b)(4) of this section,
the owner or operator shall use a heat sensing monitoring device
equipped with a continuous recorder that indicates the continuous
ignition of the pilot flame.
Sec. 63.694 Testing methods and procedures.
(a) This section specifies the testing methods and procedures
required for this subpart to perform the following:
(1) To determine the average VOHAP concentration for off-site
material streams at the point-of-delivery for compliance with standards
specified Sec. 63.683 of this subpart, the testing methods and
procedures are specified in paragraph (b) of this section.
(2) To determine the average VOHAP concentration for treated off-
site material streams at the point-of-treatment for compliance with
standards specified Sec. 63.684 of this subpart, the testing methods
and procedures are specified in paragraph (c) of this section.
(3) To determine the treatment process VOHAP concentration limit
(CR) for compliance with standards specified Sec. 63.684 of this
subpart, the testing methods and procedures are specified in paragraph
(d) of this section.
(4) To determine treatment process required HAP removal rate (RMR)
for compliance with standards specified Sec. 63.684 of this subpart,
the testing methods and procedures are specified in paragraph (e) of
this section.
(5) To determine treatment process actual HAP removal rate (MR) for
compliance with standards specified Sec. 63.684 of this subpart, the
testing methods and procedures are specified in paragraph (f) of this
section.
(6) To determine treatment process required HAP reduction
efficiency (R) for compliance with standards specified in Sec. 63.684
of this subpart, the testing methods and procedures are specified in
paragraph (g) of this section.
(7) To determine treatment process required HAP biodegradation
efficiency (Rbio) for compliance with standards specified in
Sec. 63.684 of this subpart, the testing methods and procedures are
specified in paragraph (h) of this section.
(8) To determine treatment process required actual HAP mass removal
rate (MRbio) for compliance with standards specified inSec. 63.684
of this subpart, the testing methods and procedures are specified in
paragraph (i) of this section.
(9) To determine maximum organic HAP vapor pressure of off-site
materials in tanks for compliance with the standards specified in
Sec. 63.685 of this subpart, the testing methods and procedures are
specified in paragraph (j) of this section.
(10) To determine no detectable organic emissions, the testing
methods and procedures are specified in paragraph (k) of this section.
(11) To determine closed-vent system and control device performance
for compliance with the standards specified in Sec. 63.693 of this
subpart, the testing methods and procedures are specified in paragraph
(l) of this section.
(b) Testing methods and procedures to determine average VOHAP
concentration of an off-site material stream at the point-of-delivery.
(1) The average VOHAP concentration of an off-site material at the
point-of-delivery shall be determined using either direct measurement
as specified in paragraph (b)(2) of this section or by knowledge as
specified in paragraph (b)(3) of this section.
(2) Direct measurement to determine VOHAP concentration.
(i) Sampling. Samples of the off-site material stream shall be
collected from the container, pipeline, or other device used to deliver
the off-site material stream to the plant site in a manner such that
volatilization of organics contained in the sample is minimized and an
adequately representative sample is collected and maintained for
analysis by the selected method.
(A) The averaging period to be used for determining the average
VOHAP concentration for the off-site material stream on a mass-weighted
average basis shall be designated and recorded. The averaging period
can represent any time interval that the owner or operator determines
is appropriate for the off-site material stream but shall not exceed 1
year.
(B) A sufficient number of samples, but no less than four samples,
shall be collected to represent the complete range of HAP compositions
and HAP quantities that occur in the off-site material stream during
the entire averaging period due to normal variations in the operating
conditions for the source or process generating the off-site material
stream. Examples of such normal variations are seasonal variations in
off-site material quantity or fluctuations in ambient temperature.
(C) All samples shall be collected and handled in accordance with
written procedures prepared by the owner or operator and documented in
a site sampling plan. This plan shall describe the procedure by which
representative samples of the off-site material stream are collected
such that a minimum loss of organics occurs throughout the sample
collection and handling process and by which sample integrity is
maintained. A copy of the written sampling plan shall be maintained on-
site in the plant site operating records. An example of an acceptable
sampling plan includes a plan incorporating sample collection and
handling procedures in accordance with the requirements specified in
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,''
EPA Publication No. SW-846 or Method 25D in 40 CFR part 60, appendix A.
[[Page 34172]]
(ii) Analysis. Each collected sample shall be prepared and analyzed
in accordance with one of the following methods:
(A) Method 25D in 40 CFR part 60, appendix A.
(B) Method 305 in 40 CFR part 63, appendix A.
(C) Method 624 in 40 CFR part 136, appendix A.
(D) Method 1624 in 40 CFR part 136, appendix A.
(E) Method 1625 in 40 CFR part 136, appendix A.
(F) Any other analysis method that has been validated in accordance
with the procedures specified in Section 5.1 and Section 5.3 of Method
301 in 40 CFR part 63, appendix A.
(iii) Calculations. The average VOHAP concentration (C) on a mass-
weighted basis shall be calculated by using the results for all samples
analyzed in accordance with paragraph (b)(2)(ii) of this section and
the following equation:
[GRAPHIC] [TIFF OMITTED] TR01JY96.037
where:
C=Average VOHAP concentration of the off-site material at the point-of-
delivery on a mass-weighted basis, ppmw.
i=Individual sample ``i'' of the off-site material.
n=Total number of samples of the off-site material collected (at least
4) for the averaging period (not to exceed 1 year).
Qi=Mass quantity of off-site material stream represented by
Ci, kg/hr.
QT=Total mass quantity of off-site material during the averaging
period, kg/hr.
Ci=Measured VOHAP concentration of sample ``i'' as determined in
accordance with the requirements of Sec. 63.693(b)(2)(ii), ppmw.
(3) Knowledge of the off-site material to determine VOHAP
concentration.
(i) Documentation shall be prepared that presents the information
used as the basis for the owner's or operator's knowledge of the off-
site material stream's average VOHAP concentration. Examples of
information that may be used as the basis for knowledge include:
material balances for the source or process generating the off-site
material stream; species-specific chemical test data for the off-site
material stream from previous testing that are still applicable to the
current off-site material stream; previous test data for other
locations managing the same type of off-site material stream; or other
knowledge based on information included in manifests, shipping papers,
or waste certification notices.
(ii) If test data are used as the basis for knowledge, then the
owner or operator shall document the test method, sampling protocol,
and the means by which sampling variability and analytical variability
are accounted for in the determination of the average VOHAP
concentration. For example, an owner or operator may use HAP
concentration test data for the off-site material stream that are
validated in accordance with Method 301 in 40 CFR part 63, appendix A
of this part as the basis for knowledge of the off-site material.
(iii) An owner or operator using species-specific chemical
concentration test data as the basis for knowledge of the off-site
material may adjust the test data to the corresponding average VOHAP
concentration value which would be obtained had the off-site material
samples been analyzed using Method 305. To adjust these data, the
measured concentration for each individual HAP chemical species
contained in the off-site material is multiplied by the appropriate
species-specific adjustment factor (fm305) listed in Table 1 of
this subpart.
(iv) In the event that the Administrator and the owner or operator
disagree on a determination of the average VOHAP concentration for an
off-site material stream using knowledge, then the results from a
determination of VOHAP concentration using direct measurement as
specified in paragraph (b)(2) of this section shall be used to
establish compliance with the applicable requirements of this subpart.
The Administrator may perform or request that the owner or operator
perform this determination using direct measurement.
(c) Determination of average VOHAP concentration of an off-site
material stream at the point-of-treatment.
(1) Sampling. Samples of the off-site material stream shall be
collected at the point-of-treatment in a manner such that
volatilization of organics contained in the sample is minimized and an
adequately representative sample is collected and maintained for
analysis by the selected method.
(i) The averaging period to be used for determining the average
VOHAP concentration for the off-site material stream on a mass-weighted
average basis shall be designated and recorded. The averaging period
can represent any time interval that the owner or operator determines
is appropriate for the off-site material stream but shall not exceed 1
year.
(ii) A sufficient number of samples, but no less than four samples,
shall be collected to represent the complete range of HAP compositions
and HAP quantities that occur in the off-site material stream during
the entire averaging period due to normal variations in the operating
conditions for the treatment process. Examples of such normal
variations are seasonal variations in off-site material quantity or
fluctuations in ambient temperature.
(iii) All samples shall be collected and handled in accordance with
written procedures prepared by the owner or operator and documented in
a site sampling plan. This plan shall describe the procedure by which
representative samples of the off-site material stream such that a
minimum loss of organics occurs throughout the sample collection and
handling process and by which sample integrity is maintained. A copy of
the written sampling plan shall be maintained on-site in the plant site
operating records. An example of an acceptable sampling plan includes a
plan incorporating sample collection and handling procedures in
accordance with the requirements specified in ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication
No. SW-846 or Method 25D in 40 CFR part 60, appendix A.
(2) Analysis. Each collected sample shall be prepared and analyzed
in accordance with the one of the following methods:
(i) Method 25D in 40 CFR part 60, appendix A.
(ii) Method 305 in 40 CFR part 63, appendix A.
(iii) Method 624 in 40 CFR part 136, appendix A.
(iv) Method 1624 in 40 CFR part 136, appendix A.
(v) Method 1625 in 40 CFR part 136, appendix A.
(3) Calculations. The average VOHAP concentration (C) on a mass-
weighted basis shall be calculated by using the results for all samples
analyzed in accordance with paragraph (c)(2) of this section and the
following equation:
[GRAPHIC] [TIFF OMITTED] TR01JY96.038
Where:
C=Average VOHAP concentration of the off-site material on a mass-
weighted basis, ppmw.
i=Individual sample ``i'' of the off-site material.
n=Total number of samples of the off-site material collected (at least
4) for the averaging period (not to exceed 1 year).
[[Page 34173]]
Qi=Mass quantity of off-site material stream represented by
Ci, kg/hr.
QT=Total mass quantity of off-site material during the averaging
period, kg/hr.
Ci=Measured VOHAP concentration of sample ``i'' as determined in
accordance with the requirements of Sec. 63.693(c)(2), ppmw.
(d) Determination of treatment process VOHAP concentration limit
(CR).
(1) All of the off-site material streams entering the treatment
process shall be identified.
(2) The average VOHAP concentration of each off-site material
stream at the point-of-delivery shall be determined using the
procedures specified in paragraph (b) of this section.
(3) The VOHAP concentration limit (CR) shall be calculated by
using the results determined for each individual off-site material
stream and the following equation:
[GRAPHIC] [TIFF OMITTED] TR01JY96.039
where:
CR=VOHAP concentration limit, ppmw.
x=Individual off-site material stream ``x'' that has a VOHAP
concentration less than 500 ppmw at the point-of-delivery.
y=Individual off-site material stream ``y'' that has a VOHAP
concentration equal to or greater than 500 ppmw at the point-of-
delivery.
m=Total number of ``x'' off-site material streams treated by process.
n=Total number of ``y'' off-site material streams treated by process.
Qx=Total mass quantity of off-site material stream ``x'', kg/yr.
Qy=Total mass quantity of off-site material stream ``y'', kg/yr.
Cx=VOHAP concentration of off-site material stream ``x'' at the
point-of-delivery, ppmw.
(e) Determination of required HAP mass removal rate (RMR).
(1) All of the off-site material streams entering the treatment
process shall be identified.
(2) The average VOHAP concentration of each off-site material
stream at the point-of-delivery shall be determined in accordance with
the requirements of paragraph (b) of this section.
(3) For each individual off-site material stream that has an
average VOHAP concentration equal to or greater than 500 ppmw at the
point-of-delivery, the average volumetric flow rate and the density of
the off-site material stream at the point-of-delivery shall be
determined.
(4) The required HAP mass removal rate (RMR) shall be calculated by
using the average VOHAP concentration, average volumetric flow rate,
and density determined for each off-site material stream and the
following equation:
[GRAPHIC] [TIFF OMITTED] TR01JY96.040
where:
RMR=Required HAP mass removal rate, kg/hr.
y=Individual off-site material stream ``y'' that has a VOHAP
concentration equal to or greater than 500 ppmw at the point-of-
delivery as determined in accordance with the requirements of
Sec. 63.693(b).
n=Total number of ``y'' off-site material streams treated by process.
Vy=Average volumetric flow rate of off-site material stream ``y''
at the point-of-delivery, m3/hr.
ky=Density of off-site material stream ``y'', kg/m3
Cy=Average VOHAP concentration of off-site material stream ``y''
at the point-of-delivery as determined in accordance with the
requirements of Sec. 63.693(b), ppmw.
(f) Determination of actual HAP mass removal rate (MR).
(1) The actual HAP mass removal rate (MR) shall be determined based
on results for a minimum of three consecutive runs. The sampling time
for each run shall be 1 hour.
(2) The off-site material HAP mass flow entering the process
(Eb) and the off-site material HAP mass flow exiting the process
(Ea) shall be determined in accordance with the requirements of
paragraph (g)(4) of this section.
(3) The actual mass removal rate shall be calculated by using the
mass flow rates determined in accordance with the requirements of
paragraph (f)(2) of this section and the following equation:
MR = Eb-Ea
where:
MR=Actual HAP mass removal rate, kg/hr.
Eb=Off-site material HAP mass flow entering process as determined
in accordance with the requirements of paragraph (f)(2) of this
section, kg/hr.
Ea=Off-site material HAP mass flow exiting process as determined
in accordance with the requirements of paragraph (f)(2) of this
section, kg/hr.
(g) Determination of treatment process HAP reduction efficiency
(R).
(1) The HAP reduction efficiency (R) for a treatment process shall
be determined based on results for a minimum of three consecutive runs.
(2) All off-site material streams entering the treatment process
and all off-site material streams exiting the treatment process shall
be identified. The owner or operator shall prepare a sampling plan for
measuring these streams that accurately reflects the retention time of
the off-site material in the process.
(3) For each run, information shall be determined for each off-site
material stream identified in paragraph (g)(2) of this section using
the following procedures:
(i) The mass quantity of each off-site material stream entering the
process (Qb) and the mass quantity of each off-
[[Page 34174]]
site material stream exiting the process (Qa) shall be determined.
(ii) The average VOHAP concentration at the point-of-delivery of
each off-site material stream entering the process (Cb) during the
run shall be determined in accordance with the requirements of
paragraph (b) of this section. The VOHAP concentration of the off-site
material stream at the point-of-treatment (Ca) during the run
shall be determined in accordance with the applicable requirements of
paragraph (c) of this section.
(4) The off-site material HAP mass flow entering the process
(Eb) and the off-site material HAP mass flow exiting the process
(Ea) shall be calculated by using the results determined in
accordance with paragraph (g)(3) of this section and the following
equations:
[GRAPHIC] [TIFF OMITTED] TR01JY96.041
[GRAPHIC] [TIFF OMITTED] TR01JY96.042
where:
Eb=Off-site material HAP mass flow entering process, kg/hr.
Ea=Off-site material HAP mass flow exiting process, kg/hr.
m=Total number of runs (at least 3)
j=Individual run ``j''
QV=Mass quantity of off-site material entering process during run
``j'', kg/hr.
Qaj=Average mass quantity of off-site material exiting process
during run ``j'', kg/hr.
Caj=Average VOHAP concentration of off-site material exiting
process during run ``j'' as determined in accordance with the
requirements of Sec. 63.693(b), ppmw.
CV=Average VOHAP concentration of off-site material entering
process during run ``j'' as determined in accordance with the
requirements of Sec. 63.693(b), ppmw.
(5) The HAP reduction efficiency (R) shall be calculated by using
the results determined in accordance with paragraph (g)(4) of this
section and the following equation:
[GRAPHIC] [TIFF OMITTED] TR01JY96.043
where:
R=HAP reduction efficiency, percent.
Eb=Off-site material HAP mass flow entering process as determined
in accordance with the requirements of paragraph (d)(4) of this
section, kg/hr.
Ea=Off-site material HAP mass flow exiting process as determined
in accordance with the requirements of paragraph (d)(4) of this
section, kg/hr.
(h) Determination of HAP biodegradation efficiency (Rbio).
(1) The fraction of HAP biodegraded (Fbio) shall be determined
using the procedure specified in 40 CFR part 63, appendix C of this
part.
(2) The HAP biodegradation efficiency (Rbio) shall be
calculated by using the following equation:
Rbio=Fbio x 100
where:
Rbio = HAP biodegradation efficiency, percent.
Fbio = Fraction of HAP biodegraded as determined in accordance
with the requirements of paragraph (h)(1) of this section.
(i) Determination of actual HAP mass removal rate (MRbio).
(1) The actual HAP mass removal rate (MRbio) shall be
determined based on results for a minimum of three consecutive runs.
The sampling time for each run shall be 1 hour.
(2) The off-site material HAP mass flow entering the process
(Eb) shall be determined in accordance with the requirements of
paragraph (g)(4) of this section.
(3) The fraction of HAP biodegraded (Fbio) shall be determined
using the procedure specified in 40 CFR part 63, appendix C of this
part.
(4) The actual mass removal rate shall be calculated by using the
HAP mass flow rates and fraction of HAP biodegraded determined in
accordance with the requirements of paragraphs (i)(2) and (i)(3),
respectively, of this section and the following equation:
MRbio=Eb x Fbio
where:
MRbio=Actual HAP mass removal rate, kg/hr.
Eb=Off-site material HAP mass flow entering process, kg/hr.
Fbio=Fraction of HAP biodegraded.
(j) Determination of maximum HAP vapor pressure for off-site
material in a tank.
(1) The maximum HAP vapor pressure of the off-site material
composition managed in a tank shall be determined using either direct
measurement as specified in paragraph (j)(2) of this section or by
knowledge of the off-site material as specified by paragraph (j)(3) of
this section.
(2) Direct measurement to determine the maximum HAP vapor pressure
of an off-site material.
(i) Sampling. A sufficient number of samples shall be collected to
be representative of the off-site material contained in the tank. All
samples shall be collected and handled in accordance with written
procedures prepared by the owner or operator and documented in a site
sampling plan. This plan shall describe the procedure by which
representative samples of the off-site material is collected such that
a minimum loss of organics occurs throughout the sample collection and
handling process and by which sample integrity is maintained. A copy of
the written sampling plan shall be
[[Page 34175]]
maintained on-site in the plant site operating records. An example of
an acceptable sampling plan includes a plan incorporating sample
collection and handling procedures in accordance with the requirements
specified in ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication No. SW-846 or Method 25D in 40 CFR
part 60, appendix A.
(ii) Analysis. Any one of the following methods may be used to
analyze the samples and compute the maximum HAP vapor pressure of the
off-site material:
(A) Method 25E in 40 CFR part 60 appendix A;
(B) Methods described in American Petroleum Institute Bulletin
2517, ``Evaporation Loss from External Floating Roof Tanks,'';
(C) Methods obtained from standard reference texts;
(D) ASTM Method 2879-83; or
(E) Any other method approved by the Administrator.
(3) Use of knowledge to determine the maximum HAP vapor pressure of
the off-site material. Documentation shall be prepared and recorded
that presents the information used as the basis for the owner's or
operator's knowledge that the maximum HAP vapor pressure of the off-
site material is less than the maximum vapor pressure limit listed in
Table 3 or Table 4 of this subpart for the applicable tank design
capacity category. Examples of information that may be used include:
the off-site material is generated by a process for which at other
locations it previously has been determined by direct measurement that
the off-site material maximum HAP vapor pressure is less than the
maximum vapor pressure limit for the appropriate tank design capacity
category.
(k) Procedure for determining no detectable organic emissions for
the purpose of complying with this subpart.
(1) The test shall be conducted in accordance with the procedures
specified in Method 21 of 40 CFR part 60, appendix A. Each potential
leak interface (i.e., a location where organic vapor leakage could
occur) on the cover and associated closure devices shall be checked.
Potential leak interfaces that are associated with covers and closure
devices include, but are not limited to: the interface of the cover and
its foundation mounting; the periphery of any opening on the cover and
its associated closure device; and the sealing seat interface on a
spring-loaded pressure-relief valve.
(2) The test shall be performed when the unit contains a material
having an organic HAP concentration representative of the range of
concentrations for the off-site materials expected to be managed in the
unit. During the test, the cover and closure devices shall be secured
in the closed position.
(3) The detection instrument shall meet the performance criteria of
Method 21 of 40 CFR part 60, appendix A, except the instrument response
factor criteria in section 3.1.2(a) of Method 21 shall be for the
average composition of the organic constituents in the off-site
material placed in the unit, not for each individual organic
constituent.
(4) The detection instrument shall be calibrated before use on each
day of its use by the procedures specified in Method 21 of 40 CFR part
60, appendix A.
(5) Calibration gases shall be as follows:
(i) Zero air (less than 10 ppmv hydrocarbon in air); and
(ii) A mixture of methane in air at a concentration of
approximately, but less than 10,000 ppmv.
(6) The background level shall be determined according to the
procedures in Method 21 of 40 CFR part 60 appendix A.
(7) Each potential leak interface shall be checked by traversing
the instrument probe around the potential leak interface as close to
the interface as possible, as described in Method 21. In the case when
the configuration of the cover or closure device prevents a complete
traverse of the interface, all accessible portions of the interface
shall be sampled. In the case when the configuration of the closure
device prevents any sampling at the interface and the device is
equipped with an enclosed extension or horn (e.g., some pressure relief
devices), the instrument probe inlet shall be placed at approximately
the center of the exhaust area to the atmosphere.
(8) The arithmetic difference between the maximum organic
concentration indicated by the instrument and the background level
shall be compared with the value of 500 ppmv. If the difference is less
than 500 ppmv, then the potential leak interface is determined to
operate with no detectable organic emissions.
(l) Control device performance test procedures.
(1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate,
shall be used for selection of the sampling sites at the inlet and
outlet of the control device.
(i) To determine compliance with a control device percent reduction
requirement, sampling sites shall be located at the inlet of the
control device as specified in paragraphs (l)(1)(i)(A) and (l)(1)(i)(B)
of this section, and at the outlet of the control device.
(A) The control device inlet sampling site shall be located after
the final product recovery device.
(B) If a vent stream is introduced with the combustion air or as a
auxiliary fuel into a boiler or process heater, the location of the
inlet sampling sites shall be selected to ensure that the measurement
of total HAP concentration or TOC concentration, as applicable,
includes all vent streams and primary and secondary fuels introduced
into the boiler or process heater.
(ii) To determine compliance with an enclosed combustion device
concentration limit, the sampling site shall be located at the outlet
of the device.
(2) The gas volumetric flow rate shall be determined using Method
2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
(3) To determine compliance with the control device percent
reduction requirement, the owner or operator shall use Method 18 of 40
CFR part 60, appendix A of this chapter; alternatively, any other
method or data that has been validated according to the applicable
procedures in Method 301 in 40 CFR part 63, appendix A of this part may
be used. The following procedures shall be used to calculate percent
reduction efficiency:
(i) The minimum sampling time for each run shall be 1 hour in which
either an integrated sample or a minimum of four grab samples shall be
taken. If grab sampling is used, then the samples shall be taken at
approximately equal intervals in time such as 15 minute intervals
during the run.
(ii) The mass rate of either TOC (minus methane and ethane) or
total HAP (Ei and Eo ,respectively) shall be computed.
(A) The following equations shall be used:
[[Page 34176]]
[GRAPHIC] [TIFF OMITTED] TR01JY96.044
where:
Cij, Coj=Concentration of sample component j of the gas
stream at the inlet and outlet of the control device, respectively, dry
basis, parts per million by volume.
Ei, Eo=Mass rate of TOC (minus methane and ethane) or total
HAP at the inlet and outlet of the control device, respectively, dry
basis, kilogram per hour.
Mij, Moj=Molecular weight of sample component j of the gas
stream at the inlet and outlet of the control device, respectively,
gram/gram-mole.
Qi, Qo=Flow rate of gas stream at the inlet and outlet of the
control device, respectively, dry standard cubic meter per minute.
K2=Constant, 2.494 x 10-\6\ (parts per million) -\1\
(gram-mole per standard cubic meter) (kilogram/gram) (minute/hour),
where standard temperature (gram-mole per standard cubic meter) is 20
deg.C.
(B) When the TOC mass rate is calculated, all organic compounds
(minus methane and ethane) measured by Method 18 of 40 CFR part 60,
appendix A shall be summed using the equation in paragraph
(l)(3)(ii)(A) of this section.
(C) When the total HAP mass rate is calculated, only the HAP
constituents shall be summed using the equation in paragraph
(l)(3)(ii)(A) of this section.
(iii) The percent reduction in TOC (minus methane and ethane) or
total HAP shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR01JY96.045
where:
Rcd=Control efficiency of control device, percent.
Ei=Mass rate of TOC (minus methane and ethane) or total HAP at the
inlet to the control device as calculated under paragraph (l)(3)(ii) of
this section, kilograms TOC per hour or kilograms HAP per hour.
Eo=Mass rate of TOC (minus methane and ethane) or total HAP at the
outlet of the control device, as calculated under paragraph (l)(3)(ii)
of this section, kilograms TOC per hour or kilograms HAP per hour.
(iv) If the vent stream entering a boiler or process heater is
introduced with the combustion air or as a secondary fuel, the weight-
percent reduction of total HAP or TOC (minus methane and ethane) across
the device shall be determined by comparing the TOC (minus methane and
ethane) or total HAP in all combusted vent streams and primary and
secondary fuels with the TOC (minus methane and ethane) or total HAP
exiting the device, respectively.
(4) To determine compliance with the enclosed combustion device
total HAP concentration limit of this subpart, the owner or operator
shall use Method 18 of 40 CFR part 60, appendix A to measure either TOC
(minus methane and ethane) or total HAP. Alternatively, any other
method or data that has been validated according to Method 301 in
appendix A of this part, may be used. The following procedures shall be
used to calculate parts per million by volume concentration, corrected
to 3 percent oxygen:
(i) The minimum sampling time for each run shall be 1 hour in which
either an integrated sample or a minimum of four grab samples shall be
taken. If grab sampling is used, then the samples shall be taken at
approximately equal intervals in time, such as 15 minute intervals
during the run.
(ii) The TOC concentration or total HAP concentration shall be
calculated according to paragraph (m)(4)(ii)(A) or (m)(4)(ii)(B) of
this section.
(A) The TOC concentration (CTOC) is the sum of the
concentrations of the individual components and shall be computed for
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR01JY96.046
where:
CTOC=Concentration of total organic compounds minus methane and
ethane, dry basis, parts per million by volume.
Cji=Concentration of sample components j of sample i, dry basis,
parts per million by volume.
n=Number of components in the sample.
x=Number of samples in the sample run.
(B) The total HAP concentration (CHAP) shall be computed
according to the equation in paragraph (l)(4)(ii)(A) of this section
except that only HAP constituents shall be summed.
(iii) The measured TOC concentration or total HAP concentration
shall be corrected to 3 percent oxygen as follows:
(A) The emission rate correction factor or excess air, integrated
sampling and analysis procedures of Method 3B of 40 CFR part 60,
appendix A shall be used to determine the oxygen concentration
(%O2dry). The samples shall be collected during the same time that
the samples are collected for determining TOC concentration or total
HAP concentration.
(B) The concentration corrected to 3 percent oxygen (Cc) shall
be computed using the following equation:
[GRAPHIC] [TIFF OMITTED] TR01JY96.047
where:
Cc=TOC concentration or total HAP concentration corrected to 3
percent oxygen, dry basis, parts per million by volume.
Cm=Measured TOC concentration or total HAP concentration, dry
basis, parts per million by volume.
%O2dry=Concentration of oxygen, dry basis, percent by volume.
Sec. 63.695 Inspection and monitoring requirements.
(a) This section specifies the inspection and monitoring procedures
required to perform the following:
(1) To inspect tank fixed-roofs and floating roofs for compliance
with the Tank level 2 controls standards specified in Sec. 63.685 of
this subpart, the inspection procedures are specified in paragraph (b)
of this section.
(2) To inspect and monitor closed-vent systems for compliance with
the standards specified in Sec. 63.693 of this subpart, the inspection
and monitoring procedure are specified in paragraph (c) of this
section.
(3) To inspect and monitor transfer system covers for compliance
with the
[[Page 34177]]
standards specified in Sec. 63.689(c)(1) of this subpart, the
inspection and monitoring procedure are specified in paragraph (d) of
this section.
(b) Tank Level 2 fixed roof and floating roof inspection
requirements.
(1) Owners and operators that use a tank equipped with an internal
floating roof in accordance with the provisions of Sec. 63.685(e) of
this subpart shall meet the following inspection requirements:
(i) The floating roof and its closure devices shall be visually
inspected by the owner or operator to check for defects that could
result in air emissions. Defects include, but are not limited to, the
internal floating roof is not floating on the surface of the liquid
inside the tank; liquid has accumulated on top of the internal floating
roof; any portion of the roof seals have detached from the roof rim;
holes, tears, or other openings are visible in the seal fabric; the
gaskets no longer close off the waste surfaces from the atmosphere; or
the slotted membrane has more than 10 percent open area.
(ii) The owner or operator shall inspect the internal floating roof
components as follows except as provided for in paragraph (b)(1)(iii)
of this section:
(A) Visually inspect the internal floating roof components through
openings on the fixed-roof (e.g., manholes and roof hatches) at least
once every 12 months after initial fill, and
(B) Visually inspect the internal floating roof, primary seal,
secondary seal (if one is in service), gaskets, slotted membranes, and
sleeve seals (if any) each time the tank is emptied and degassed and at
least every 10 years. Prior to each inspection, the owner or operator
shall notify the Administrator in accordance with the reporting
requirements specified in Sec. 63.697 of this subpart.
(iii) As an alternative to performing the inspections specified in
paragraph (b)(1)(ii) of this section for an internal floating roof
equipped with two continuous seals mounted one above the other, the
owner or operator may visually inspect the internal floating roof,
primary and secondary seals, gaskets, slotted membranes, and sleeve
seals (if any) each time the tank is emptied and degassed and at least
every 5 years. Prior to each inspection, the owner or operator shall
notify the Administrator in accordance with the reporting requirements
specified in Sec. 63.697 of this subpart.
(iv) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (b)(4) of this section.
(v) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 63.696 of this
subpart.
(2) Owners and operators that use a tank equipped with an external
floating roof in accordance with the provisions of Sec. 63.685(f) of
this subpart shall meet the following requirements:
(i) The owner or operator shall measure the external floating roof
seal gaps in accordance with the following requirements:
(A) The owner or operator shall perform measurements of gaps
between the tank wall and the primary seal within 60 days after initial
operation of the tank following installation of the floating roof and,
thereafter, at least once every 5 years. Prior to each inspection, the
owner or operator shall notify the Administrator in accordance with the
reporting requirements specified in Sec. 63.697 of this subpart.
(B) The owner or operator shall perform measurements of gaps
between the tank wall and the secondary seal within 60 days after
initial operation of the separator following installation of the
floating roof and, thereafter, at least once every year. Prior to each
inspection, the owner or operator shall notify the Administrator in
accordance with the reporting requirements specified in Sec. 63.697 of
this subpart.
(C) If a tank ceases to hold off-site material for a period of 1
year or more, subsequent introduction of off-site material into the
tank shall be considered an initial operation for the purposes of
paragraphs (b)(2)(i)(A) and (b)(2)(i)(B) of this section.
(D) The owner shall determine the total surface area of gaps in the
primary seal and in the secondary seal individually using the following
procedure.
(1) The seal gap measurements shall be performed at one or more
floating roof levels when the roof is floating off the roof supports.
(2) Seal gaps, if any, shall be measured around the entire
perimeter of the floating roof in each place where a 0.32-centimeter
(cm) diameter uniform probe passes freely (without forcing or binding
against the seal) between the seal and the wall of the tank and measure
the circumferential distance of each such location.
(3) For a seal gap measured under paragraph (b)(2) of this section,
the gap surface area shall be determined by using probes of various
widths to measure accurately the actual distance from the tank wall to
the seal and multiplying each such width by its respective
circumferential distance.
(4) The total gap area shall be calculated by adding the gap
surface areas determined for each identified gap location for the
primary seal and the secondary seal individually, and then dividing the
sum for each seal type by the nominal perimeter of the tank. These
total gap areas for the primary seal and secondary seal are then are
compared to the respective standards for the seal type as specified in
Sec. 63.685(f)(1) of this subpart.
(E) In the event that the seal gap measurements do not conform to
the specifications in Sec. 63.685(f)(1) of this subpart, the owner or
operator shall repair the defect in accordance with the requirements of
paragraph (b)(4) of this section.
(F) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 63.696 of this
subpart.
(ii) The owner or operator shall visually inspect the external
floating roof in accordance with the following requirements:
(A) The floating roof and its closure devices shall be visually
inspected by the owner or operator to check for defects that could
result in air emissions. Defects include, but are not limited to:
holes, tears, or other openings in the rim seal or seal fabric of the
floating roof; a rim seal detached from the floating roof; all or a
portion of the floating roof deck being submerged below the surface of
the liquid in the tank; broken, cracked, or otherwise damaged seals or
gaskets on closure devices; and broken or missing hatches, access
covers, caps, or other closure devices.
(B) The owner or operator shall perform the inspections following
installation of the external floating roof and, thereafter, at least
once every year.
(C) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (b)(4) of this section.
(D) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 63.696(d) of this
subpart.
(3) Owners and operators that use a tank equipped with a fixed roof
in accordance with the provisions of Sec. 63.685(g) of this subpart
shall meet the following requirements:
(i) The fixed roof and its closure devices shall be visually
inspected by the owner or operator to check for defects that could
result in air emissions. Defects include, but are not limited to,
visible cracks, holes, or gaps in the roof sections or between the roof
and the separator wall; broken, cracked,
[[Page 34178]]
or otherwise damaged seals or gaskets on closure devices; and broken or
missing hatches, access covers, caps, or other closure devices.
(ii) The owner or operator shall perform the inspections following
installation of the fixed roof and, thereafter, at least once every
year.
(iii) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (b)(4) of this section.
(iv) The owner or operator shall maintain a record of the
inspection in accordance with the requirements specified in
Sec. 63.696(e) of this subpart.
(4) The owner or operator shall repair each defect detected during
an inspection performed in accordance with the requirements of
paragraph (b)(1), (b)(2), or (b)(3) of this section in the following
manner:
(i) The owner or operator shall within 45 calendar days of
detecting the defect either repair the defect or empty the tank and
remove it from service. If within this 45-day period the defect cannot
be repaired or the tank cannot be removed from service without
disrupting operations at the plant site, the owner or operator is
allowed two 30-day extensions. In cases when an owner or operator
elects to use a 30-day extension, the owner or operator shall prepare
and maintain documentation describing the defect, explaining why
alternative storage capacity is not available, and specify a schedule
of actions that will ensure that the control equipment will be repaired
or the tank emptied as soon as possible.
(ii) When a defect is detected during an inspection of a tank that
has been emptied and degassed, the owner or operator shall repair the
defect before refilling the tank.
(c) Owners and operators that use a closed vent system in
accordance with the provisions of Sec. 63.693 of this subpart shall
meet the following inspection and monitoring requirements:
(1) Each closed-vent system that is used to comply with
Sec. 63.693(c)(1)(i) of this subpart shall be inspected and monitored
in accordance with the following requirements:
(i) At initial startup, the owner or operator shall monitor the
closed-vent system components and connections using the procedures
specified in Sec. 63.693(k) of this subpart to demonstrate that the
closed-vent system operates with no organic detectable emissions.
(ii) After initial startup, the owner or operator shall inspect and
monitor the closed-vent system as follows:
(A) Closed-vent system joints, seams, or other connections that are
permanently or semi-permanently sealed (e.g., a welded joint between
two sections of hard piping or a bolted and gasketed ducting flange)
shall be visually inspected at least once per year to check for defects
that could result in air emissions. The owner or operator shall monitor
a component or connection using the procedures specified in
Sec. 63.693(k) of this subpart to demonstrate that it operates with no
detectable organic emissions following any time the component is
repaired or replaced (e.g., a section of damaged hard piping is
replaced with new hard piping) or the connection is unsealed (e.g., a
flange is unbolted).
(B) Closed-vent system components or connections other than those
specified in paragraph (c)(1)(ii)(A) of this section, shall be
monitored at least once per year using the procedures specified in
Sec. 63.693(k) of this subpart to demonstrate that components or
connections operate with no detectable organic emissions.
(iii) In the event that a defect or leak is detected, the owner or
operator shall repair the defect or leak in accordance with the
requirements of paragraph (3) of this section.
(iv) The owner or operator shall maintain a record of the
inspection and monitoring in accordance with the requirements specified
in Sec. 63.696 of this subpart.
(2) Each closed-vent system that is used to comply with
Sec. 63.693(c)(1)(ii) of this subpart shall be inspected and monitored
in accordance with the following requirements:
(i) The closed-vent system shall be visually inspected by the owner
or operator to check for defects that could result in air emissions.
Defects include, but are not limited to, visible cracks, holes, or gaps
in ductwok or piping; loose connections; or broken or missing caps or
other closure devices.
(ii) The owner or operator shall perform the inspections following
installation of the closed-vent system and, thereafter, at least once
every year.
(iii) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (3) of this section.
(iv) The owner or operator shall maintain a record of the
inspection in accordance with the requirements specified in Sec. 63.696
of this subpart.
(3) The owner or operator shall repair all detected defects as
follows:
(i) The owner or operator shall make first efforts at repair of the
defect no later than 5 calendar days after detection and repair shall
be completed as soon as possible but no later than 45 calendar days
after detection.
(ii) The owner or operator shall maintain a record of the defect
repair in accordance with the requirements specified in Sec. 63.696 of
this subpart.
(d) Owners and operators that use a transfer system equipped with a
cover in accordance with the provisions of Sec. 63.689(c)(1) of this
subpart shall meet the following inspection requirements:
(1) The cover and its closure devices shall be visually inspected
by the owner or operator to check for defects that could result in air
emissions. Defects include, but are not limited to, visible cracks,
holes, or gaps in the cover sections or between the cover and its
mounting; broken, cracked, or otherwise damaged seals or gaskets on
closure devices; and broken or missing hatches, access covers, caps, or
other closure devices.
(2) The owner or operator shall perform the inspections following
installation of the cover and, thereafter, at least once every year.
(3) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (5) of this section.
(4) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 63.696 of this
subpart.
(5) The owner or operator shall repair all detected defects as
follows:
(i) The owner or operator shall make first efforts at repair of the
defect no later than 5 calendar days after detection and repair shall
be completed as soon as possible but no later than 45 calendar days
after detection except as provided in paragraph (c)(5)(ii) of this
section.
(ii) The owner or operator shall maintain a record of the defect
repair in accordance with the requirements specified in Sec. 63.696 of
this subpart.
Sec. 63.696 Recordkeeping requirements.
(a) The owner or operator subject to this subpart shall comply with
the recordkeeping requirements in Sec. 63.10 under 40 CFR 63 subpart
A--General Provisions that are applicable to this subpart as specified
in Table 2 of this subpart.
(b) The owner or operator of a control device subject to this
subpart shall maintain the records in accordance with the requirements
of 40 CFR 63.10 of this part.
(c) [Reserved]
(d) Each owner or operator using an internal floating roof to
comply with the tank control requirements specified in
[[Page 34179]]
Sec. 63.685(e) of this subpart or using an external floating roof to
comply with the tank control requirements specified in Sec. 63.685(f)
of this subpart shall prepare and maintain the following records:
(1) Documentation describing the floating roof design and the
dimensions of the tank.
(2) A record for each inspection required by Sec. 63.695(b) of this
subpart, as applicable to the tank, that includes the following
information: a tank identification number (or other unique
identification description as selected by the owner or operator) and
the date of inspection.
(3) The owner or operator shall record for each defect detected
during inspections required by Sec. 63.695(b) of this subpart the
following information: the location of the defect, a description of the
defect, the date of detection, and corrective action taken to repair
the defect. In the event that repair of the defect is delayed in
accordance with the provisions of Sec. 63.695(b)(4) of this section,
the owner or operator shall also record the reason for the delay and
the date that completion of repair of the defect is expected.
(4) Owners and operators that use a tank equipped with an external
floating roof in accordance with the provisions of Sec. 63.685(f) of
this subpart shall prepare and maintain records for each seal gap
inspection required by Sec. 63.695(b) describing the results of the
seal gap measurements. The records shall include the date of that the
measurements are performed, the raw data obtained for the measurements,
and the calculations of the total gap surface area. In the event that
the seal gap measurements do not conform to the specifications in
Sec. 63.695(b) of this subpart, the records shall include a description
of the repairs that were made, the date the repairs were made, and the
date the separator was emptied, if necessary.
(e) Each owner or operator using a fixed roof to comply with the
tank control requirements specified in Sec. 63.685(g) of this subpart
shall prepare and maintain the following records:
(1) A record for each inspection required by Sec. 63.695(b) of this
subpart, as applicable to the tank, that includes the following
information: a tank identification number (or other unique
identification description as selected by the owner or operator) and
the date of inspection.
(2) The owner or operator shall record for each defect detected
during inspections required by Sec. 63.695(b) of this subpart the
following information: the location of the defect, a description of the
defect, the date of detection, and corrective action taken to repair
the defect. In the event that repair of the defect is delayed in
accordance with the provisions of Sec. 63.695(b)(4) of this section,
the owner or operator shall also record the reason for the delay and
the date that completion of repair of the defect is expected.
(f) Each owner or operator using an enclosure to comply with the
tank control requirements specified in Sec. 63.685(i) of this subpart
shall prepare and maintain records for the most recent set of
calculations and measurements performed by the owner or operator to
verify that the enclosure meets the criteria of a permanent total
enclosure as specified in ``Procedure T--Criteria for and Verification
of a Permanent or Temporary Total Enclosure'' under 40 CFR 52.741,
Appendix B.
(g) An owner or operator shall record, on a semiannual basis, the
information specified in paragraphs (g)(1) and (g)(2) of this section
for those planned routine maintenance operations that would require the
control device not to meet the requirements of Sec. 63.693(d) through
(h) of this subpart, as applicable.
(1) A description of the planned routine maintenance that is
anticipated to be performed for the control device during the next 6
months. This description shall include the type of maintenance
necessary, planned frequency of maintenance, and lengths of maintenance
periods.
(2) A description of the planned routine maintenance that was
performed for the control device during the previous 6 months. This
description shall include the type of maintenance performed and the
total number of hours during these 6 months that the control device did
not meet the requirement of Sec. 63.693 (d) through (h) of this
subpart, as applicable, due to planned routine maintenance.
(h) An owner or operator shall record the information specified in
paragraphs (h)(1) through (h)(3) of this section for those unexpected
control device system malfunctions that would require the control
device not to meet the requirements of Sec. 63.693 (d) through (h) of
this subpart, as applicable.
(1) The occurrence and duration of each malfunction of the control
device system.
(2) The duration of each period during a malfunction when gases,
vapors, or fumes are vented from the waste management unit through the
closed-vent system to the control device while the control device is
not properly functioning.
(3) Actions taken during periods of malfunction to restore a
malfunctioning control device to its normal or usual manner of
operation.
Sec. 63.697 Reporting requirements.
(a) The owner or operator subject to this subpart shall comply with
the notification requirements in Sec. 63.9 and the reporting
requirements in Sec. 63.10 under 40 CFR 63 subpart A--General
Provisions that are applicable to this subpart as specified in Table 2
of this subpart.
(b) The owner or operator of a control device used to meet the
requirements of Sec. 63.693 of this subpart shall submit the following
reports to the Administrator:
(1) A Notification of Performance Tests specified in Sec. 63.7 and
Sec. 63.9(g) of this part,
(2) Performance test reports specified in Sec. 63.10(d)(2) of this
part
(3) Startup, shutdown, and malfunction reports specified in
Sec. 63.10(d)(5) of this part,
(i) If actions taken by an owner or operator during a startup,
shutdown, or malfunction of an affected source (including actions taken
to correct a malfunction) are not completely consistent with the
procedures specified in the source's startup, shutdown, and malfunction
plan specified in Sec. 63.6(e)(3) of this part, the owner or operator
shall state such information in the report. The startup, shutdown, or
malfunction report shall consist of a letter, containing the name,
title, and signature of the responsible official who is certifying its
accuracy, that shall be submitted to the Administrator, and
(ii) Separate startup, shutdown, or malfunction reports are not
required if the information is included in the report specified in
paragraph (b)(6) of this section.
(4) A summary report specified in Sec. 63.10(e)(3) of this part
shall be submitted on a semi-annual basis (i.e., once every 6-month
period).
(c) Each owner or operator using an internal floating roof or
external floating roof to comply with the Tank Level 2 control
requirements specified in Sec. 63.685(d) of this subpart shall notify
the Administrator in advance of each inspection required under
Sec. 63.695(b) of this subpart to provide the Administrator with the
opportunity to have an observer present during the inspection. The
owner or operator shall notify the Administrator of the date and
location of the inspection as follows:
(1) Prior to each inspection to measure external floating roof seal
gaps as required under Sec. 63.695(b) of this subpart, written
notification shall be prepared and sent by the owner or operator so
that it is received by the Administrator at least 30 calendar days
[[Page 34180]]
before the date the measurements are scheduled to be performed.
(2) Prior to each visual inspection of an internal floating roof or
external floating roof in a tank that has been emptied and degassed,
written notification shall be prepared and sent by the owner or
operator so that it is received by the Administrator at least 30
calendar days before refilling the tank except when an inspection is
not planned as provided for in paragraph (c)(3) of this section.
(3) When a visual inspection is not planned and the owner or
operator could not have known about the inspection 30 calendar days
before refilling the tank, the owner or operator shall notify the
Administrator as soon as possible, but no later than 7 calendar days
before refilling of the tank. This notification may be made by
telephone and immediately followed by a written explanation for why the
inspection is unplanned. Alternatively, written notification, including
the explanation for the unplanned inspection, may be sent so that it is
received by the Administrator at least 7 calendar days before refilling
the tank.
Sec. 63.698 Delegation of Authority.
(a) In delegating implementation and enforcement authority to a
State under section 112(d) of the Act, the authority listed in
paragraph (b) of this section shall be retained by the Administrator
and not transferred to a State.
(b) Authority will not be delegated to States for Sec. 63.694 of
this subpart.
Table 1 to Subpart DD.--List of Hazardous Air Pollutants (HAP) for
Subpart DD
------------------------------------------------------------------------
CAS No.a Chemical name fm 305
------------------------------------------------------------------------
75070................ Acetaldehyde....................... 1.000
75058................ Acetonitrile....................... 0.989
98862................ Acetophenone....................... 0.314
107028............... Acrolein........................... 1.000
107131............... Acrylonitrile...................... 0.999
107051............... Allyl chloride..................... 1.000
71432................ Benzene (includes benzene in 1.000
gasoline).
98077................ Benzotrichloride (isomers and 0.958
mixture).
100447............... Benzyl chloride.................... 1.000
92524................ Biphenyl........................... 0.864
542881............... Bis(chloromethyl)etherb............ 0.999
75252................ Bromoform.......................... 0.998
106990............... 1,3-Butadiene...................... 1.000
75150................ Carbon disulfide................... 1.000
56235................ Carbon tetrachloride............... 1.000
43581................ Carbonyl sulfide................... 1.000
133904............... Chloramben......................... 0.633
108907............... Chlorobenzene...................... 1.000
67663................ Chloroform......................... 1.000
107302............... Chloromethyl methyl ether b........ 1.000
126998............... Chloroprene........................ 1.000
98828................ Cumene............................. 1.000
94757................ 2,4-D, salts and esters............ 0.167
334883............... Diazomethane c..................... 0.999
132649............... Dibenzofurans...................... 0.967
96128................ 1,2-Dibromo-3-chloropropane........ 1.000
106467............... 1,4-Dichlorobenzene(p)............. 1.000
107062............... Dichloroethane (Ethylene 1.000
dichloride).
111444............... Dichloroethyl ether (Bis(2- 0.757
chloroethyl ether).
542756............... 1,3-Dichloropropene................ 1.000
79447................ Dimethyl carbamoyl chloridec....... 0.150
57147................ 1,1-Dimethyl hydrazine............. 0.383
64675................ Diethyl sulfate.................... 0.0025
77781................ Dimethyl sulfate................... 0.086
121697............... N,N-Dimethylaniline................ 0.0008
51285................ 2,4-Dinitrophenol.................. 0.0077
121142............... 2,4-Dinitrotoluene................. 0.0848
123911............... 1,4-Dioxane (1,4-Diethyleneoxide).. 0.869
106898............... Epichlorohydrin (1-Chloro-2,3- 0.939
epoxypropane).
106887............... 1,2-Epoxybutane.................... 1.000
140885............... Ethyl acrylate..................... 1.000
100414............... Ethyl benzene...................... 1.000
75003................ Ethyl chloride (Chloroethane)...... 1.000
106934............... Ethylene dibromide (Dibromoethane). 0.999
107062............... Ethylene dichloride (1,2- 1.000
Dichloroethane).
151564............... Ethylene imine (Aziridine)......... 0.867
75218................ Ethylene oxide..................... 1.000
75343................ Ethylidene dichloride (1,1- 1.000
Dichloroethane).
Glycol ethers d.................... (e)
118741............... Hexachlorobenzene.................. 0.97
87683................ Hexachlorobutadiene................ 0.88
67721................ Hexachloroethane................... 0.499
110543............... Hexane............................. 1.000
78591................ Isophorone......................... 0.506
58899................ Lindane (all isomers).............. 1.000
67561................ Methanol........................... 0.855
[[Page 34181]]
74839................ Methyl bromide (Bromomethane)...... 1.000
74873................ Methyl chloride (Choromethane)..... 1.000
71556................ Methyl chloroform (1,1,1- 1.000
Trichloroethane).
78933................ Methyl ethyl ketone (2-Butanone)... 0.990
74884................ Methyl iodide (Iodomethane)........ 1.000
108101............... Methyl isobutyl ketone (Hexone).... 0.979
624839............... Methyl isocyanate.................. 1.000
80626................ Methyl methacrylate................ 0.999
1634044.............. Methyl tert butyl ether............ 1.000
75092................ Methylene chloride 1.000
(Dichloromethane).
91203................ Naphthalene........................ 0.994
98953................ Nitrobenzene....................... 0.394
79469................ 2-Nitropropane..................... 0.989
82688................ Pentachloronitrobenzene 0.839
(Quintobenzene).
87865................ Pentachlorophenol.................. 0.0898
75445................ Phosgenec.......................... 1.000
123386............... Propionaldehyde.................... 0.999
78875................ Propylene dichloride (1,2- 1.000
Dichloropropane).
75569................ Propylene oxide.................... 1.000
75558................ 1,2-Propylenimine (2-Methyl 0.945
aziridine).
100425............... Styrene............................ 1.000
96093................ Styrene oxide...................... 0.830
79345................ 1,1,2,2-Tetrachloroethane.......... 0.999
127184............... Tetrachloroethylene 1.000
(Perchloroethylene).
108883............... Toluene............................ 1.000
95534................ o-Toluidine........................ 0.152
120821............... 1,2,4-Trichlorobenzene............. 1.000
71556................ 1,1,1-Trichloroethane (Methyl 1.000
chlorform).
79005................ 1,1,2-Trichloroethane (Vinyl 1.000
trichloride).
79016................ Trichloroethylene.................. 1.000
95954................ 2,4,5-Trichlorophenol.............. 0.108
88062................ 2,4,6-Trichlorophenol.............. 0.132
121448............... Triethylamine...................... 1.000
540841............... 2,2,4-Trimethylpentane............. 1.000
108054............... Vinyl acetate...................... 1.000
593602............... Vinyl bromide...................... 1.000
75014................ Vinyl chloride..................... 1.000
75354................ Vinylidene chloride (1,1- 1.000
Dichloroethylene).
1330207.............. Xylenes (isomers and mixture)...... 1.000
95476................ o-Xylenes.......................... 1.000
108383............... m-Xylenes.......................... 1.000
106423............... p-Xylenes.......................... 1.000
------------------------------------------------------------------------
Notes:
fm 305=Method 305 fraction measure factor
a. CAS numbers refer to the Chemical Abstracts Services registry number
assigned to specific compounds, isomers, or mixtures of compounds.
b. Denotes a HAP that hydrolyzes quickly in water, but the hydrolysis
products are also HAP chemicals.
c. Denotes a HAP that may react violently with water, exercise caustic
is an expected analyte.
d. Denotes a HAP that hydrolyzes slowly in water.
e. Several glycol ethers meet the criteria used to select HAP for the
purposes of this subpart. The fm 305 factors for some of the more
common glycol ethers are listed below:
Ethylene glycol dimethyl ether (fm 305=0.861)
Ethylene glycol monoethyl ether acetate (fm 305=0.0887)
Ethylene glycol monomethyl ether acetate (fm 305=0.0926)
Diethylene glycol diethyl ether (fm 305=0.216)
Table 2 to Subpart DD.--Applicability of Paragraphs in 40 CFR 63 Subpart
A, General Provisions, to Subpart DD
------------------------------------------------------------------------
Applies to
Subpart A reference subpart DD Comment
------------------------------------------------------------------------
63.1(a)(1).................... Yes.
63.1(a)(2).................... Yes.
63.1(a)(3).................... Yes.
63.1(a)(4).................... No............... Subpart DD (this
table) specifies
applicability of
each paragraph in
subpart A to subpart
DD.
63.1(a)(5)-63.1(a)(9)......... No.
63.1(a)(10)................... Yes.
63.1(a)(11)................... Yes.
63.1(a)(12)................... Yes.
63.1(a)(13)................... Yes.
[[Page 34182]]
63.1(a)(14)................... Yes.
63.1(b)(1).................... No............... Subpart DD specifies
its own
applicability.
63.1(b)(2).................... Yes.
63.1(b)(3).................... No.
63.1(c)(1).................... No............... Subpart DD explicitly
specifies
requirements that
apply.
63.1(c)(2).................... No............... Area sources are not
subject to subpart
DD.
63.1(c)(3).................... No.
63.1(c)(4).................... Yes.
63.1(c)(5).................... Yes.............. Except that sources
are not required to
submit notifications
overridden by this
table.
63.1(d)....................... No.
63.1(e)....................... No.
63.2.......................... Yes.............. Sec. 63.681 of
subpart DD specifies
that if the same
term is defined in
subparts A and DD,
it shall have the
meaning given in
subpart DD.
63.3.......................... Yes.
63.4(a)(1)-63.4(a)(3)......... Yes.
63.4(a)(4).................... No............... Reserved.
63.4(a)(5).................... Yes.
63.4(b)....................... Yes.
63.4(c)....................... Yes.
63.5(a)(1).................... Yes.............. Except replace term
``source'' and
``stationary
source'' in Sec.
63.5(a)(1) of
subpart A with
``affected source.''
63.5(a)(2).................... Yes.
63.5(b)(1).................... Yes.
63.5(b)(2).................... No............... Reserved.
63.5(b)(3).................... Yes.
63.5(b)(4).................... Yes.............. Except the cross-
reference to Sec.
63.9(b) is changed
to Sec. 63.9(b)(4)
and (5). Subpart DD
overrides Sec.
63.9(b)(2) and
(b)(3).
63.5(b)(5).................... Yes.
63.5(b)(6).................... Yes.
63.5(c)....................... No............... Reserved.
63.5(d)(1)(i)................. Yes.
63.5(d)(1)(ii)................ Yes.
63.5(d)(1)(iii)............... Yes.
63.5(d)(2).................... No.
63.5(d)(3).................... Yes.
63.5(d)(4).................... Yes.
63.5(e)....................... Yes.
63.5(f)(1).................... Yes.
63.5(f)(2).................... Yes.
63.6(a)....................... Yes.
63.6(b)(1).................... No............... Subpart DD specifies
compliance dates for
sources subject to
subpart DD.
63.6(b)(2).................... No.
63.6(b)(3).................... Yes.
63.6(b)(4).................... No............... May apply when
standards are
proposed under
section 112(f) of
the Clean Air Act.
63.6(b)(5).................... No............... Sec. 63.697 of
subpart DD includes
notification
requirements.
63.6(b)(6).................... No.
63.6(b)(7).................... No.
63.6(c)(1).................... No............... Sec. 63.680 of
subpart DD specifies
the compliance date.
63.6(c)(2)-63.6(c)(4)......... No.
63.6(c)(5).................... Yes.
63.6(d)....................... No.
63.6(e)....................... Yes.
63.6(f)(1).................... Yes.
63.6(f)(2)(i)................. Yes.
63.6(f)(2)(ii)................ Yes.............. Subpart DD specifies
the use of
monitoring data in
determining
compliance with
subpart DD.
63.6(f)(2)(iii) (A), (B), and Yes.
(C).
63.6(f)(2)(iii) (D)........... No.
63.6(f)(2)(iv)................ Yes.
63.6(f)(2)(v)................. Yes.
63.6(f)(3).................... Yes.
63.6(g)....................... Yes.
63.6(h)....................... No............... Subpart DD does not
require opacity and
visible emission
standards.
63.6(i)....................... Yes.............. Except for Sec.
63.6(i)(15), which
is reserved.
63.6(j)....................... Yes.
63.7(a)(1).................... No............... Subpart DD specifies
required testing and
compliance
demonstration
procedures.
63.7(a)(2).................... Yes.
63.7(a)(3).................... Yes.
63.7(b)....................... No.
63.7(c)....................... No.
[[Page 34183]]
63.7(d)....................... Yes.
63.7(e)(1).................... Yes.
63.7(e)(2).................... Yes.
63.7(e)(3).................... No............... Subpart DD specifies
test methods and
procedures.
63.7(e)(4).................... Yes.
63.7(f)....................... No............... Subpart DD specifies
applicable methods
and provides
alternatives.
63.7(g)....................... Yes.
63.7(h)(1).................... Yes.
63.7(h)(2).................... Yes.
63.7(h)(3).................... Yes.
63.7(h)(4).................... No.
63.7(h)(5).................... Yes.
63.8(a)....................... No.
63.8(b)(1).................... Yes.
63.8(b)(2).................... No............... Subpart DD specifies
locations to conduct
monitoring.
63.8(b)(3).................... Yes.
63.8(c)(1)(i)................. Yes.
63.8(c)(1)(ii)................ Yes.
63.8(c)(1)(iii)............... Yes.
63.8(c)(2).................... Yes.
63.8(c)(3).................... Yes.
63.8(c)(4).................... No............... Subpart DD specifies
monitoring frequency
63.8(c)(5)-63.8(c)(8)......... No.
63.8(d)....................... No.
63.8(e)....................... No.
63.8(f)(1).................... Yes.
63.8(f)(2).................... Yes.
63.8(f)(3).................... Yes.
63.8(f)(4)(i)................. Yes.
63.8(f)(4)(ii)................ Yes.
63.8(f)(4)(iii)............... No.
63.8(f)(5)(i)................. Yes.
63.8(f)(5)(ii)................ No.
63.8(f)(5)(iii)............... Yes.
63.8(f)(6).................... Yes.
63.8(g)....................... Yes.
63.9(a)....................... Yes.
63.9(b)(1)(i)................. Yes.
63.9(b)(1)(ii)................ No.
63.9(b)(2).................... Yes.
63.9(b)(3).................... No.
63.9(b)(4).................... Yes.
63.9(b)(5).................... Yes.
63.9(c)....................... Yes.
63.9(d)....................... Yes.
63.9(e)....................... No.
63.9(f)....................... No.
63.9(g)....................... No.
63.9(h)....................... Yes.
63.9(i)....................... Yes.
63.9(j)....................... No.
63.10(a)...................... Yes.
63.10(b)(1)................... Yes.
63.10(b)(2)(i)................ Yes.
63.10(b)(2)(ii)............... Yes.
63.10(b)(2)(iii).............. No.
63.10(b)(2)(iv)............... Yes.
63.10(b)(2)(v)................ Yes.
63.10(b)(2) (vi)-(ix)......... No.
63.10(b)(2)(x)................ Yes.
63.10(b)(2) (xii)-(xiv)....... No.
63.10(b)(3)................... No.
63.10(c)...................... No.
63.10(d)(1)................... No.
63.10(d)(2)................... Yes.
63.10(d)(3)................... No.
63.10(d)(4)................... Yes.
63.10(d)(5)(i)................ Yes.
63.10(d)(5)(ii)............... Yes.
63.10(e)...................... No.
[[Page 34184]]
63.10(f)...................... Yes.
63.11-63.15................... Yes.
------------------------------------------------------------------------
Note: Wherever subpart A specifies ``postmark'' dates, submittals may be
sent by methods other than the U.S. Mail (e.g., by fax or courier).
Submittals shall be sent by the specified dates, but a postmark is not
required.
Table 3 to Subpart DD.--Tank Control Levels for Tanks at Existing
Affected Sources as Required by 40 CFR 63.685(b)(1)
------------------------------------------------------------------------
Maximum HAP vapor
Tank design capacity (cubic pressure of off-site Tank control
meters) material managed in level
tank (kilopascals)
------------------------------------------------------------------------
Design capacity less than 75 m3 Maximum HAP vapor Level 1.
pressure less than
76.6 kPa.
Design capacity equal to or Maximum HAP vapor Level 1.
greater than 75 m3 and less pressure less than
than 151 m3. 27.6 kPa.
Maximum HAP vapor Level 2.
pressure equal to or
greater than 27.6 kPa.
Design capacity equal to or Maximum HAP vapor Level 1.
greater than 151 m3. pressures less than
5.2 kPa.
Maximum HAP vapor Level 2.
pressure equal to or
greater than 5.2 kPa.
------------------------------------------------------------------------
Table 4 to Subpart DD.--Tank Control Levels for Tanks at New Affected
Sources as Required by 40 CFR 63.685(b)(2)
------------------------------------------------------------------------
Maximum HAP vapor
Tank design capacity (cubic pressure of off-site Tank control
meters) material managed in level
tank (kilopascals)
------------------------------------------------------------------------
Design capacity less than 38 m3 Maximum HAP vapor Level 1.
pressure less than
76.6 kPa.
Design capacity equal to or Maximum HAP vapor Level 1.
greater than 38 m3 and less pressure less than
than 151 m3. 13.1 kPa.
Maximum HAP vapor Level 2.
pressure equal to or
greater than 13.1 kPa.
Design capacity equal to or Maximum HAP vapor Level 1.
greater than 151 m3. pressure less than
0.7 kPa.
Maximum HAP vapor Level 2.
pressure equal to or
greater than 0.7 kPa.
------------------------------------------------------------------------
5. Part 63 is amended by adding subpart OO consisting of
Secs. 63.900 through 63.907 to read as follows:
Subpart OO--National Emission Standards for Tanks--Level 1
Sec.
63.900 Applicability.
63.901 Definitions.
63.902 Standards--Tank fixed roof.
63.903 [Reserved]
63.904 [Reserved]
63.905 Test methods and procedures.
63.906 Inspection and monitoring requirements.
63.907 Recordkeeping requirements.
Subpart OO--National Emission Standards for Tanks--Level 1
Sec. 63.900 Applicability.
The provisions of this subpart apply to the control of air
emissions from tanks for which another subpart of 40 CFR parts 60, 61,
or 63 references the use of this subpart for such air emission control.
These air emission standards for tanks are placed here for
administrative convenience and only apply to those owners and operators
of facilities subject to the other subparts that reference this
subpart. The provisions of 40 CFR part 63, subpart A--General
Provisions do not apply to this subpart except as noted in the subpart
that references this subpart.
Sec. 63.901 Definitions.
All terms used in this subpart shall have the meaning given to them
in the Act and in this section. If a term is defined in both this
section and in another subpart that references the use of this subpart,
then the definition in this subpart shall take precedence when
implementing this subpart.
Closure device means a cap, hatch, lid, plug, seal, valve, or other
type of fitting that, when the device is secured in the closed
position, prevents or reduces air emissions to the atmosphere by
blocking an opening in a fixed roof. Closure devices include devices
that are detachable from the cover (e.g., a sampling port cap),
manually operated (e.g., a hinged access lid or hatch), or
automatically operated (e.g., a spring-loaded pressure relief valve).
Fixed roof means a cover that is mounted on a tank in a stationary
position and does not move with fluctuations in the level of the liquid
managed in the tank.
No detectable organic emissions means no escape of organics to the
atmosphere as determined using the procedure specified in
Sec. 63.905(a) of this subpart.
Regulated-material means the material (e.g. waste, wastewater, off-
site material) required to be managed in tanks using air emission
controls in accordance with the standards specified in this subpart.
Safety device means a closure device such as a pressure relief
valve, frangible disc, fusible plug, or any other type of device which
functions exclusively to prevent physical damage or permanent
deformation to the tank air emission control equipment by venting gases
or vapors directly to the atmosphere during unsafe conditions resulting
from an unplanned, accidental, or emergency event. For the purpose of
this subpart, a safety device is not used for routine venting of gases
or vapors from the vapor headspace underneath the tank cover. A safety
device is designed to remain in a closed position during normal
operations and open only when
[[Page 34185]]
the internal pressure, or another relevant parameter, exceeds the
device threshold setting applicable to the air emission control
equipment as determined by the owner or operator based on manufacturer
recommendations, applicable regulations, fire protection and prevention
codes, standard engineering codes and practices, or other requirements
for the safe handling of flammable, ignitable, explosive, reactive, or
hazardous materials.
Tank means a stationary unit that is constructed primarily of
nonearthen materials (such as wood, concrete, steel, fiberglass, or
plastic) which provide structural support and is designed to hold an
accumulation of liquids or other materials.
Sec. 63.902 Standards--Tank fixed roof.
(a) This section applies to owners and operators subject to this
subpart and controlling air emissions from a tank using a fixed roof.
(b) The tank shall be equipped with a fixed roof designed to meet
the following specifications:
(1) The fixed roof and its closure devices shall be designed to
form a continuous barrier over the entire surface area of the liquid in
the tank. The fixed roof may be a separate cover installed on the tank
(e.g., a removable cover mounted on an open-top tank) or may be an
integral part of the tank structural design (e.g., a horizontal
cylindrical tank equipped with a hatch).
(2) The fixed roof shall be installed in a manner such that there
are no visible cracks, holes, gaps, or other open spaces between roof
section joints or between the interface of the roof edge and the tank
wall.
(3) Each opening in the fixed roof shall be either:
(i) equipped with a closure device designed to operate such that
when the closure device is secured in the closed position there are no
visible cracks, holes, gaps, or other open spaces in the closure device
or between the perimeter of the opening and the closure device; or
(ii) connected by a closed-vent system that is vented to a control
device. The control device shall remove or destroy organics in the vent
stream, and shall be operating whenever regulated material is managed
in the tank.
(4) The fixed roof and its closure devices shall be made of
suitable materials that will minimize exposure of the regulated-
material to the atmosphere, to the extent practical, and will maintain
the integrity of the equipment throughout its intended service life.
Factors to be considered when selecting the materials for and designing
the fixed roof and closure devices shall include: organic vapor
permeability, the effects of any contact with the liquid or its vapors
managed in the tank; the effects of outdoor exposure to wind, moisture,
and sunlight; and the operating practices used for the tank on which
the fixed roof is installed.
(c) Whenever a regulated-material is in the tank, the fixed roof
shall be installed with each closure device secured in the closed
position except as follows:
(1) Opening of closure devices or removal of the fixed roof is
allowed at the following times:
(i) To provide access to the tank for performing routine
inspection, maintenance, or other activities needed for normal
operations. Examples of such activities include those times when a
worker needs to open a port to sample the liquid in the tank, or when a
worker needs to open a hatch to maintain or repair equipment. Following
completion of the activity, the owner or operator shall promptly secure
the closure device in the closed position or reinstall the cover, as
applicable, to the tank.
(ii) To remove accumulated sludge or other residues from the bottom
of tank.
(2) Opening of a spring-loaded pressure-vacuum relief valve,
conservation vent, or similar type of pressure relief device which
vents to the atmosphere is allowed during normal operations for the
purpose of maintaining the tank internal pressure in accordance with
the tank design specifications. The device shall be designed to operate
with no detectable organic emissions when the device is secured in the
closed position. The settings at which the device opens shall be
established such that the device remains in the closed position
whenever the tank internal pressure is within the internal pressure
operating range determined by the owner or operator based on the tank
manufacturer recommendations, applicable regulations, fire protection
and prevention codes, standard engineering codes and practices, or
other requirements for the safe handling of flammable, combustible,
explosive, reactive, or hazardous materials. Examples of normal
operating conditions that may require these devices to open are during
those times when the container internal pressure exceeds the internal
pressure operating range for the tank as a result of loading operations
or diurnal ambient temperature fluctuations.
(3) Opening of a safety device, as defined in Sec. 63.901 of this
subpart, is allowed at any time conditions require it to do so to avoid
an unsafe condition.
(d) The owner or operator shall inspect the air emission control
equipment in accordance with the requirements specified in
Sec. 63.906(a) of this subpart.
Sec. 63.903 [Reserved]
Sec. 63.904 [Reserved]
Sec. 63.905 Test methods and procedures.
(a) Procedure for determining no detectable organic emissions for
the purpose of complying with this subpart.
(1) The test shall be conducted in accordance with the procedures
specified in Method 21 of 40 CFR part 60, appendix A. Each potential
leak interface (i.e., a location where organic vapor leakage could
occur) on the cover and associated closure devices shall be checked.
Potential leak interfaces that are associated with covers and closure
devices include, but are not limited to: the interface of the cover and
its foundation mounting; the periphery of any opening on the cover and
its associated closure device; and the sealing seat interface on a
spring-loaded pressure-relief valve.
(2) The test shall be performed when the tank contains a material
having an organic HAP concentration representative of the range of
concentrations for the regulated-materials expected to be managed in
the tank. During the test, the cover and closure devices shall be
secured in the closed position.
(3) The detection instrument shall meet the performance criteria of
Method 21 of 40 CFR part 60, appendix A, except the instrument response
factor criteria in section 3.1.2(a) of Method 21 shall be for the
average composition of the organic constituents in the regulated-
material placed in the tank, not for each individual organic
constituent.
(4) The detection instrument shall be calibrated before use on each
day of its use by the procedures specified in Method 21 of 40 CFR part
60, appendix A.
(5) Calibration gases shall be as follows:
(i) Zero air (less than 10 ppmv hydrocarbon in air); and
(ii) A mixture of methane in air at a concentration less than
10,000 ppmv.
(6) The background level shall be determined according to the
procedures in Method 21 of 40 CFR part 60 appendix A.
(7) Each potential leak interface shall be checked by traversing
the instrument probe around the potential leak interface as close to
the interface as
[[Page 34186]]
possible, as described in Method 21. In the case when the configuration
of the cover or closure device prevents a complete traverse of the
interface, all accessible portions of the interface shall be sampled.
In the case when the configuration of the closure device prevents any
sampling at the interface and the device is equipped with an enclosed
extension or horn (e.g., some pressure relief devices), the instrument
probe inlet shall be placed at approximately the center of the exhaust
area to the atmosphere.
(8) The arithmetic difference between the maximum organic
concentration indicated by the instrument and the background level
shall be compared with the value of 500 ppmv. If the difference is less
than 500 ppmv, then the potential leak interface is determined to
operate with no detectable organic emissions.
Sec. 63.906 Inspection and monitoring requirements.
(a) Owners and operators that use a tank equipped with a fixed roof
in accordance with the provisions of Sec. 63.902 of this subpart shall
meet the following requirements:
(1) The fixed roof and its closure devices shall be visually
inspected by the owner or operator to check for defects that could
result in air emissions. Defects include, but are not limited to,
visible cracks, holes, or gaps in the roof sections or between the roof
and the tank wall; broken, cracked, or otherwise damaged seals or
gaskets on closure devices; and broken or missing hatches, access
covers, caps, or other closure devices.
(2) The owner or operator shall perform the inspections following
installation of the fixed roof and, thereafter, at least once every
year.
(3) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (b) of this section.
(4) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 63.907 (a) of
this subpart.
(b) The owner or operator shall repair all detected defects as
follows:
(1) The owner or operator shall make first efforts at repair of the
defect no later than 5 calendar days after detection and repair shall
be completed as soon as possible but no later than 45 calendar days
after detection except as provided in paragraph (b)(2) of this section.
(2) Repair of a defect may be delayed beyond 45 calendar days if
the owner or operator determines that repair of the defect requires
emptying or temporary removal from service of the tank and no
alternative tank capacity is available at the site to accept the
regulated-material normally managed in the tank. In this case, the
owner or operator shall repair the defect the next time the process or
unit that is generating the regulated-material managed in the tank
stops operation. Repair of the defect shall be completed before the
process or unit resumes operation.
(c) The owner or operator shall maintain a record of the defect
repair in accordance with the requirements specified in Sec. 63.907(b)
of this subpart.
Sec. 63.907 Recordkeeping requirements.
(a) Each owner or operator shall prepare and maintain a record for
each tank that includes the following information:
(1) A tank identification number (or other unique identification
description as selected by the owner or operator).
(2) A description of the tank dimensions and the tank design
capacity.
(3) The date that each inspection required by Sec. 63.906 of this
subpart is performed.
(b) The owner or operator shall record the following information
for each defect detected during inspections required by Sec. 63.906 of
this subpart: the location of the defect, a description of the defect,
the date of detection, and corrective action taken to repair the
defect. In the event that repair of the defect is delayed in accordance
with the provisions of Sec. 63.907(b)(2) of this section, the owner or
operator shall also record the reason for the delay and the date that
completion of repair of the defect is expected.
6. Part 63 is amended by adding subpart PP consisting of
Secs. 63.920 through 63.928 to read as follows:
Subpart PP--National Emission Standards for Containers
Sec.
63.920 Applicability.
63.921 Definitions.
63.922 Standards--Container Level 1 controls.
63.923 Standards--Container Level 2 controls.
63.924 Standards--Container Level 3 controls.
63.925 Test methods and procedures.
63.926 Inspection and monitoring requirements.
63.927 Recordkeeping requirements.
63.928 Reporting requirements.
Subpart PP--National Emission Standards for Containers
Sec. 63.920 Applicability.
The provisions of this subpart apply to the control of air
emissions from containers for which another subpart of 40 CFR parts 60,
61, or 63 references the use of this subpart for such air emission
control. These air emission standards for containers are placed here
for administrative convenience and only apply to those owners and
operators of facilities subject to the other subparts that reference
this subpart. The provisions of 40 CFR Part 63, subpart A--General
Provisions do not apply to this subpart except as noted in the subpart
that references this subpart.
Sec. 63.921 Definitions.
All terms used in this subpart shall have the meaning given to them
in the Act and in this section. If a term is defined in both this
section and in another subpart that references the use of this subpart,
then the definition in this subpart shall take precedence when
implementing this subpart.
Container means a portable unit in which a material can be stored,
transported, treated, disposed of, or otherwise handled. Examples of
containers include but are not limited to drums, dumpsters, roll-off
boxes, bulk cargo containers commonly known as ``portable tanks'' or
``totes,'' cargo tank trucks, and tank railcars.
Closure device means a cover, cap, hatch, lid, plug, seal, valve,
or other type of fitting that prevents or reduces air emissions to the
atmosphere by blocking an opening in a container or its cover when the
device is secured in the closed position. Closure devices include
devices that are detachable from the container (e.g., a drum head, a
threaded plug), manually operated (e.g., a hinged dumpster lid, a truck
tank hatch), or automatically operated (e.g., a spring loaded pressure
relief valve).
Empty container means a container for which either of the following
conditions exists, as applicable: the regulated-material is a hazardous
waste and the container meets the conditions for an empty container
specified in 40 CFR 261.7(b); or all regulated-material has been
removed from the container except for any regulated-material that
remains on the interior surfaces of the container as clingage or in
pools on the container bottom due to irregularities in the container.
No detectable organic emissions means no escape of organics to the
atmosphere as determined using the procedure specified in
Sec. 63.925(a) of this subpart.
[[Page 34187]]
Regulated-material means the material (e.g. waste, wastewater, off-
site material) required to be managed in containers using air emission
controls in accordance with the standards specified in this subpart.
Safety device means a closure device such as a pressure relief
valve, frangible disc, fusible plug, or any other type of device which
functions exclusively to prevent physical damage or permanent
deformation to a container or its air emission control equipment by
venting gases or vapors directly to the atmosphere during unsafe
conditions resulting from an unplanned, accidental, or emergency event.
For the purpose of this subpart, a safety device is not used for
routine venting of gases or vapors from the container such as during
filling of the container or to adjust the internal pressure of the
container in response to normal daily diurnal ambient temperature
fluctuations. A safety device is designed to remain in a closed
position during normal operations and open only when the internal
pressure, or another relevant parameter, exceeds the device threshold
setting applicable to the container and its air emission control
equipment as determined by the owner or operator based on manufacturer
recommendations, applicable regulations, fire protection and prevention
codes, standard engineering codes and practices, or other requirements
for the safe handling of flammable, ignitable, explosive, reactive, or
hazardous materials.
Sec. 63.922 Standards--Container Level 1 controls.
(a) This section applies to owners and operators subject to this
subpart and required to control air emissions from containers using
Container Level 1 controls.
(b) A container using Container Level 1 controls is one of the
following:
(1) A container that meets the applicable U.S. Department of
Transportation (DOT) regulations on packaging hazardous materials for
transportation as specified in paragraph (f) of this section.
(2) A container equipped with a cover and closure devices that form
a continuous barrier over the container openings such that when the
cover and closure devices are secured in the closed position there are
no visible holes, gaps, or other open spaces into the interior of the
container. The cover may be a separate cover installed on the container
(e.g., a lid on a drum, a suitably secured tarp on a roll-off box) or
may be an integral part of the container structural design (e.g., a
bulk cargo container equipped with a screw-type cap).
(3) An open-top container in which an organic vapor-suppressing
barrier is placed on or over the regulated-material in the container
such that no regulated-material is exposed to the atmosphere. One
example of such a barrier is application of a suitable organic-vapor
suppressing foam.
(c) A container used to meet the requirements of either paragraph
(b)(2) or (b)(3) of this section shall be equipped with covers and
closure devices, as applicable to the container, that are composed of
suitable materials to minimize exposure of the regulated-material to
the atmosphere and to maintain the equipment integrity for as long as
it is in service. Factors to be considered when selecting the materials
for and designing the cover and closure devices shall include: organic
vapor permeability, the effects of contact with the material or its
vapor managed in the container; the effects of outdoor exposure to
wind, moisture, and sunlight; and the operating practices used for
container on which the cover is installed.
(d) Whenever a regulated-material is in a container using Container
Level 1 controls, the owner or operator shall install all covers and
closure devices for the container, and secure and maintain each closure
device in the closed position except as follows:
(1) Opening of a closure device or cover is allowed for the purpose
of adding material to the container as follows:
(i) In the case when the container is filled to the intended final
level in one continuous operation, the owner or operator shall promptly
secure the closure devices in the closed position and install the
covers, as applicable to the container, upon conclusion of the filling
operation.
(ii) In the case when discrete quantities or batches of material
intermittently are added to the container over a period of time, the
owner or operator shall promptly secure the closure devices in the
closed position and install covers, as applicable to the container,
upon either: the container being filled to the intended final level;
the completion of a batch loading after which no additional material
will be added to the container within 15 minutes; the person performing
the loading operation leaves the immediate vicinity of the container;
or the shutdown of the process generating the material being added to
the container, whichever condition occurs first.
(2) Opening of a closure device or cover is allowed for the purpose
of removing material from the container as follows:
(i) For the purpose of meeting the requirements of this section, an
empty container as defined in Sec. 63.921 of this subpart may be open
to the atmosphere at any time (e.g., covers and closure devices are not
required to be secured in the closed position on an empty container).
(ii) In the case when discrete quantities or batches of material
are removed from the container but the container does not meet the
conditions to be an empty container as defined in Sec. 63.921 of this
subpart, the owner or operator shall promptly secure the closure
devices in the closed position and install covers, as applicable to the
container, upon the completion of a batch removal after which no
additional material will be removed from the container within 15
minutes, or the person performing the unloading operation leaves the
immediate vicinity of the container, whichever condition occurs first.
(3) Opening of a closure device or cover is allowed when access
inside the container is needed to perform routine activities other than
transfer of regulated-material. Examples of such activities include
those times when a worker needs to open a port to measure the depth of
or sample the material in the container, or when a worker needs to open
a manhole hatch to access equipment inside the container. Following
completion of the activity, the owner or operator shall promptly secure
the closure device in the closed position or reinstall the cover, as
applicable to the container.
(4) Opening of a spring-loaded pressure-vacuum relief valve,
conservation vent, or similar type of pressure relief device which
vents to the atmosphere is allowed during normal operations for the
purpose of maintaining the container internal pressure in accordance
with the container design specifications. The device shall be designed
to operate with no detectable organic emissions when the device is
secured in the closed position. The settings at which the device opens
shall be established such that the device remains in the closed
position whenever the container internal pressure is within the
internal pressure operating range determined by the owner or operator
based on container manufacturer recommendations, applicable
regulations, fire protection and prevention codes, standard engineering
codes and practices, or other requirements for the safe handling of
flammable, ignitable, explosive,
[[Page 34188]]
reactive, or hazardous materials. Examples of normal operating
conditions that may require these devices to open are during those
times when the container internal pressure exceeds the internal
pressure operating range for the container as a result of loading
operations or diurnal ambient temperature fluctuations.
(5) Opening of a safety device, as defined in Sec. 63.921 of this
subpart, is allowed at any time conditions require it to do so to avoid
an unsafe condition.
(e) The owner or operator shall inspect containers using Container
Level 1 controls in accordance with the procedures specified in
Sec. 63.926(a) of this subpart.
(f) For the purpose of compliance with paragraph (b)(1) of this
section, containers shall be used that meet the applicable U.S. DOT
regulations on packaging hazardous materials for transportation as
follows:
(1) The container meets the applicable requirements specified in 49
CFR part 178--Specifications for Packagings or 49 CFR part 179--
Specifications for Tank Cars.
(2) Regulated-material is managed in the container in accordance
with the applicable requirements specified in 49 CFR part 107 subpart
B--Exemptions; 49 CFR part 172--Hazardous Materials Table, Special
Provisions, Hazardous Materials Communications, Emergency Response
Information, and Training Requirements; 49 CFR part 173--Shippers--
General Requirements for Shipments and Packaging; and 49 CFR part 180--
Continuing Qualification and Maintenance of Packagings.
(3) For the purpose of complying with this subpart, no exceptions
to the 49 CFR part 178 or part 179 regulations are allowed except as
provided for in paragraph (f)(4) of this section.
(4) For a lab pack that is managed in accordance with the
requirements of 49 CFR part 178 for the purpose of complying with this
subpart, an owner or operator may comply with the exceptions for those
packagings specified in 49 CFR 173.12(b).
Sec. 63.923 Standards--Container Level 2 controls.
(a) This section applies to owners and operators subject to this
subpart and required to control air emissions from containers using
Container Level 2 controls.
(b) A container using Container Level 2 controls is one of the
following:
(1) A container that meets the applicable U.S. Department of
Transportation (DOT) regulations on packaging hazardous materials for
transportation as specified in paragraph (f) of this section.
(2) A container that has been demonstrated to operate with no
detectable organic emissions as defined in Sec. 63.921 of this subpart.
(3) A container that has been demonstrated within the preceding 12
months to be vapor-tight by using Method 27 in Appendix A of 40 CFR
part 60 in accordance with the procedure specified in Sec. 63.925(b) of
this subpart.
(c) Transfer of regulated-material in to or out of a container
using Container Level 2 controls shall be conducted in such a manner as
to minimize exposure of the regulated-material to the atmosphere, to
the extent practical, considering the physical properties of the
regulated-material and good engineering and safety practices for
handling flammable, ignitable, explosive, or other hazardous materials.
Examples of container loading procedures that meet the requirements of
this paragraph include using any one of the following: a submerged-fill
pipe or other submerged-fill method to load liquids into the container;
a vapor-balancing system or a vapor-recovery system to collect and
control the vapors displaced from the container during filling
operations; or a fitted opening in the top of a container through which
the regulated-material is filled, with subsequent purging of the
transfer line before removing it from the container opening.
(d) Whenever a regulated-material is in a container using Container
Level 2 controls, the owner or operator shall install all covers and
closure devices for the container, and secure and maintain each closure
device in the closed position except as follows:
(1) Opening of a closure device or cover is allowed for the purpose
of adding material to the container as follows:
(i) In the case when the container is filled to the intended final
level in one continuous operation, the owner or operator shall promptly
secure the closure devices in the closed position and install the
covers, as applicable to the container, upon conclusion of the filling
operation.
(ii) In the case when discrete quantities or batches of material
intermittently are added to the container over a period of time, the
owner or operator shall promptly secure the closure devices in the
closed position and install covers, as applicable to the container,
upon either the container being filled to the intended final level, the
completion of a batch loading after which no additional material will
be added to the container within 15 minutes, the person performing the
loading operation leaves the immediate vicinity of the container, or
the shutdown of the process generating the material being added to the
container, whichever condition occurs first.
(2) Opening of a closure device or cover is allowed for the purpose
of removing material from the container as follows:
(i) For the purpose of meeting the requirements of this section, an
empty container as defined in Sec. 63.921 of this subpart may be open
to the atmosphere at any time (e.g., covers and closure devices are not
required to be secured in the closed position on an empty container).
(ii) In the case when discrete quantities or batches of material
are removed from the container but the container does not meet the
conditions to be an empty container as defined in Sec. 63.921 of this
subpart, the owner or operator shall promptly secure the closure
devices in the closed position and install covers, as applicable to the
container, upon the completion of a batch removal after which no
additional material will be removed from the container within 15
minutes or the person performing the unloading operation leaves the
immediate vicinity of the container, whichever condition occurs first.
(3) Opening of a closure device or cover is allowed when access
inside the container is needed to perform routine activities other than
transfer of regulated-material. Examples of such activities include
those times when a worker needs to open a port to measure the depth of
or sample the material in the container, or when a worker needs to open
a manhole hatch to access equipment inside the container. Following
completion of the activity, the owner or operator shall promptly secure
the closure device in the closed position or reinstall the cover, as
applicable to the container.
(4) Opening of a spring-loaded pressure-vacuum relief valve,
conservation vent, or similar type of pressure relief device which
vents to the atmosphere is allowed during normal operations for the
purpose of maintaining the container internal pressure in accordance
with the container design specifications. The device shall be designed
to operate with no detectable organic emissions when the device is
secured in the closed position. The settings at which the device opens
shall be established such that the device remains in the closed
position whenever the container internal pressure is within the
internal
[[Page 34189]]
pressure operating range determined by the owner or operator based on
container manufacturer recommendations, applicable regulations, fire
protection and prevention codes, standard engineering codes and
practices, or other requirements for the safe handling of flammable,
combustible, explosive, reactive, or hazardous materials. Examples of
normal operating conditions that may require these devices to open are
during those times when the container internal pressure exceeds the
internal pressure operating range for the container as a result of
loading operations or diurnal ambient temperature fluctuations.
(5) Opening of a safety device, as defined in Sec. 63.921 of this
subpart, is allowed at any time conditions require it to do so to avoid
an unsafe condition.
(e) The owner or operator shall inspect containers using Container
Level 2 controls in accordance with the procedures specified in
Sec. 63.926(a) of this subpart.
(f) For the purpose of compliance with paragraph (b)(1) of this
section, containers shall be used that meet the applicable U.S. DOT
regulations on packaging hazardous materials for transportation as
follows:
(1) The container meets the applicable requirements specified in 49
CFR part 178--Specifications for Packagings or 49 CFR part 179--
Specifications for Tank Cars.
(2) Regulated-material is managed in the container in accordance
with the applicable requirements specified in 49 CFR part 107 subpart
B--Exemptions; 49 CFR part 172--Hazardous Materials Table, Special
Provisions, Hazardous Materials Communications, Emergency Response
Information, and Training Requirements; 49 CFR part 173--Shippers--
General Requirements for Shipments and Packaging; and 49 CFR part 180--
Continuing Qualification and Maintenance of Packagings.
(3) For the purpose of complying with this subpart, no exceptions
to the 49 CFR part 178 or part 179 regulations are allowed except as
provided for in paragraph (f)(4) of this section.
(4) For a lab pack that is managed in accordance with the
requirements of 49 CFR part 178 for the purpose of complying with this
subpart, an owner or operator may comply with the exceptions for those
packagings specified in 49 CFR 173.12(b).
Sec. 63.924 Standards--Container Level 3 controls.
(a) This section applies to owners and operators subject to this
subpart and required to control air emissions from containers using
Container Level 3 controls.
(b) A container using Container Level 3 controls is one of the
following:
(1) A container that is vented directly through a closed-vent
system to a control device in accordance with the requirements of
paragraphs (c)(2) of this section.
(2) A container that is vented inside an enclosure which is
exhausted through a closed-vent system to a control device in
accordance with the requirements of paragraphs (c)(1) and (c)(2) of
this section.
(c) The owner or operator shall meet the following requirements as
applicable to the type of air emission control equipment selected by
the owner or operator:
(1) The enclosure shall be designed and operated in accordance with
the criteria for a permanent total enclosure as specified in
``Procedure T--Criteria for and Verification of a Permanent or
Temporary Total Enclosure'' under 40 CFR 52.741, Appendix B. The
enclosure may have permanent or temporary openings to allow worker
access; passage of containers through the enclosure by conveyor or
other mechanical means; entry of permanent mechanical or electrical
equipment; or to direct airflow into the enclosure. The owner or
operator shall perform the verification procedure for the enclosure as
specified in Section 5.0 to ``Procedure T--Criteria for and
Verification of a Permanent or Temporary Total Enclosure'' initially
when the enclosure is first installed and, thereafter, annually.
(2) The closed-vent system and control device shall be designed and
operated in accordance with the requirements of 40 CFR 63.692.
(d) Safety devices, as defined in Sec. 63.921 of this subpart, may
be installed and operated as necessary on any container, enclosure,
closed-vent system, or control device used to comply with this section.
Sec. 63.925 Test methods and procedures.
(a) Procedure for determining no detectable organic emissions for
the purpose of complying with of this subpart.
(1) The test shall be conducted in accordance with the procedures
specified in Method 21 of 40 CFR part 60, appendix A. Each potential
leak interface (i.e., a location where organic vapor leakage could
occur) on the container, its cover, and associated closure devices, as
applicable to the container, shall be checked. Potential leak
interfaces that are associated with containers include, but are not
limited to: the interface of the cover rim and the container wall; the
periphery of any opening on the container or container cover and its
associated closure device; and the sealing seat interface on a spring-
loaded pressure-relief valve.
(2) The test shall be performed when the container filled with a
material having an organic HAP concentration representative of the
range of concentrations for the regulated-materials expected to be
managed in this type of container. During the test, the container cover
and closure devices shall be secured in the closed position.
(3) The detection instrument shall meet the performance criteria of
Method 21 of 40 CFR part 60, appendix A, except the instrument response
factor criteria in section 3.1.2(a) of Method 21 shall be for the
average composition of the organic constituents in the material placed
in the container, not for each individual organic constituent.
(4) The detection instrument shall be calibrated before use on each
day of its use by the procedures specified in Method 21 of 40 CFR part
60, appendix A.
(5) Calibration gases shall be as follows:
(i) Zero air (less than 10 ppmv hydrocarbon in air); and
(ii) A mixture of methane in air at a concentration of
approximately, but less than 10,000 ppmv.
(6) The background level shall be determined according to the
procedures in Method 21 of 40 CFR part 60 appendix A.
(7) Each potential leak interface shall be checked by traversing
the instrument probe around the potential leak interface as close to
the interface as possible, as described in Method 21. In the case when
the configuration of the cover or closure device prevents a complete
traverse of the interface, all accessible portions of the interface
shall be sampled. In the case when the configuration of the closure
device prevents any sampling at the interface and the device is
equipped with an enclosed extension or horn (e.g., some pressure relief
devices), the instrument probe inlet shall be placed at approximately
the center of the exhaust area to the atmosphere.
(8) The arithmetic difference between the maximum organic
concentration indicated by the instrument and the background level
shall be compared with the value of 500 ppmv. If the difference is less
than 500 ppmv, then the potential leak interface is determined to
operate with no detectable organic emissions.
[[Page 34190]]
(b) Procedure for determining a container to be vapor-tight for the
purpose of complying with this subpart.
(1) The test shall be performed in accordance with Method 27 of 40
CFR part 60, appendix A of this chapter.
(2) A pressure measurement device shall be used that has a
precision of 2.5 mm water and that is capable of measuring
above the pressure at which the container is to be tested for vapor
tightness.
(3) If the test results determined by Method 27 indicate that the
container sustains a pressure change less than or equal to 750 Pascals
within 5 minutes after it is pressurized to a minimum of 4,500 Pascals,
then the container is determined to be vapor-tight.
Sec. 63.926 Inspection and monitoring requirements.
(a) Owners and operators of containers using either Container Level
1 or Container Level 2 controls in accordance with the provisions of
Secs. 63.922 and 63.923 of this subpart, respectively, shall inspect
the container and its cover and closure devices as follows:
(1) In the case when a regulated-material already is in the
container at the time the owner or operator first accepts possession of
the container at the facility site and the container is not emptied
(i.e., does not meet the conditions for an empty container) within 24
hours after the container arrives at the facility site, the container
and its cover and closure devices shall be visually inspected by the
owner or operator to check for visible cracks, holes, gaps, or other
open spaces into the interior of the container when the cover and
closure devices are secured in the closed position. If a defect is
detected, the owner or operator shall repair the defect in accordance
with the requirements of paragraph (a)(3) of this section.
(2) In the case when a container used for managing regulated-
material remains at the facility site for a period of 1 year or more,
the container and its cover and closure devices shall be visually
inspected by the owner or operator initially and thereafter, at least
once every 12 months, to check for visible cracks, holes, gaps, or
other open spaces into the interior of the container when the cover and
closure devices are secured in the closed position. If a defect is
detected, the owner or operator shall repair the defect in accordance
with the requirements of paragraph (a)(3) of this section.
(3) When a defect is detected for the container, cover, or closure
devices, the owner or operator shall make first efforts at repair of
the defect no later than 24 hours after detection and repair shall be
completed as soon as possible but no later than 5 calendar days after
detection. If repair of a defect cannot be completed within 5 calendar
days, then the regulated-material shall be removed from the container
and the container shall not be used to manage regulated-material until
the defect is repaired.
(b) Owners and operators using Container Level 3 controls in
accordance with the provisions of Sec. 63.924 of this subpart shall
inspect and monitor the closed-vent systems and control devices in
accordance with the requirements of Sec. 63.693 in 40 CFR Part 63,
subpart DD--National Emission Standards for Hazardous Air Pollutants
from Off-Site Waste and Recovery Operations.
Sec. 63.927 Recordkeeping requirements.
(a) Owners and operators that use Container Level 3 controls in
accordance with the provisions of Sec. 63.924 of this subpart shall
prepare and maintain the following records:
(1) Records for the most recent set of calculations and
measurements performed by the owner or operator to verify that the
enclosure meets the criteria of a permanent total enclosure as
specified in ``Procedure T--Criteria for and Verification of a
Permanent or Temporary Total Enclosure'' under 40 CFR 52.741, Appendix
B.
(2) Records required for the closed-vent system and control device
in accordance with the requirements of Sec. 63.693 in 40 CFR Part 63,
subpart DD--National Emission Standards for Hazardous Air Pollutants
from Off-Site Waste and Recovery Operations.
Sec. 63.928 Reporting requirements.
(a) For owners and operators that use Container Level 3 controls in
accordance with the provisions of Sec. 63.924 of this subpart, the
owner or operator shall prepare and submit to the Administrator the
reports required for closed-vent systems and control devices in
accordance with the requirements of Sec. 63.693 in 40 CFR Part 63,
subpart DD--National Emission Standards for Hazardous Air Pollutant
Standards from Off-Site Waste and Recovery Operations.
7. Part 63 is amended by adding subpart QQ consisting of
Secs. 63.940 through 63.948 to read as follows:
Subpart QQ--National Emission Standards for Surface Impoundments
Sec.
63.940 Applicability.
63.941 Definitions.
63.942 Standards--Surface impoundment floating membrane cover.
63.943 Standards--Surface impoundment cover vented to control
device.
63.944 [Reserved]
63.945 Test methods and procedures.
63.946 Inspection and monitoring requirements.
63.947 Recordkeeping requirements.
63.948 Reporting requirements.
Subpart QQ--National Emission Standards for Surface Impoundments
Sec. 63.940 Applicability.
The provisions of this subpart apply to the control of air
emissions from surface impoundments for which another subpart of 40 CFR
parts 60, 61, or 63 references the use of this subpart for such air
emission control. These air emission standards for surface impoundments
are placed here for administrative convenience and only apply to those
owners and operators of facilities subject to the other subparts that
reference this subpart. The provisions of 40 CFR part 63, subpart AA--
General Provisions do not apply to this subpart except as noted in the
subpart that references this subpart.
Sec. 63.941 Definitions.
All terms used in this subpart shall have the meaning given to them
in the Act and in this section. If a term is defined in both this
section and in another subpart that references the use of this subpart,
then the definition in this subpart shall take precedence when
implementing this subpart.
Closure device means a cap, hatch, lid, plug, seal, valve, or other
type of fitting that prevents or reduces air emissions to the
atmosphere by blocking an opening in a surface impoundment cover when
the device is secured in the closed position. Closure devices include
devices that are detachable from the cover (e.g., a sampling port cap),
manually operated (e.g., a hinged access lid or hatch), or
automatically operated (e.g., a spring loaded pressure relief valve).
Cover means an air-supported structure, rigid roof, or other device
that prevents or reduces air pollutant emissions to the atmosphere by
forming a continuous barrier over the material managed in a surface
impoundment. A cover may have openings (such as access hatches) that
are necessary for operation, inspection, maintenance, and repair of
equipment in the surface impoundment on which the cover is used.
No detectable organic emissions means no escape of organics to the
atmosphere as determined using the procedure specified in
Sec. 63.944(a) of this subpart.
[[Page 34191]]
Regulated-material means the material (e.g. waste, wastewater, off-
site material) required to be managed in containers using air emission
controls in accordance with the standards specified in this subpart.
Safety device means a closure device such as a pressure relief
valve, frangible disc, fusible plug, or any other type of device which
functions exclusively to prevent physical damage or permanent
deformation to the surface impoundment air emission control equipment
by venting gases or vapors directly to the atmosphere during unsafe
conditions resulting from an unplanned, accidental, or emergency event.
For the purpose of this subpart, a safety device is not used for
routine venting of gases or vapors from the vapor headspace underneath
the surface impoundment cover such as during filling of the surface
impoundment or to adjust the pressure in this vapor headspace in
response to normal daily diurnal ambient temperature fluctuations. A
safety device is designed to remain in a closed position during normal
operations and open only when the internal pressure, or another
relevant parameter, exceeds the device threshold setting applicable to
the air emission control equipment as determined by the owner or
operator based on manufacturer recommendations, applicable regulations,
fire protection and prevention codes, standard engineering codes and
practices, or other requirements for the safe handling of flammable,
ignitible, explosive, reactive, or hazardous materials.
Surface impoundment means a unit that is a natural topographical
depression, man-made excavation, or diked area formed primarily of
earthen materials (although it may be lined with man-made materials),
which is designed to hold an accumulation of liquids. Examples of
surface impoundments include holding, storage, settling, and aeration
pits, ponds, and lagoons.
Sec. 63.942 Standards--Surface impoundment floating membrane cover.
(a) This section applies to owners and operators subject to this
subpart and controlling air emissions from a surface impoundment using
a floating membrane cover.
(b) The surface impoundment shall be equipped with a floating
membrane cover designed to meet the following specifications:
(1) The floating membrane cover shall be designed to float on the
liquid surface during normal operations, and form a continuous barrier
over the entire surface area of the liquid.
(2) The cover shall be fabricated from a synthetic membrane
material that is either:
(i) High density polyethylene (HDPE) with a thickness no less than
2.5 millimeters (mm); or
(ii) A material or a composite of different materials determined to
have both organic permeability properties that are equivalent to those
of the material listed in paragraph (b)(2)(i) of this section; and
chemical and physical properties that maintain the material integrity
for the intended service life of the material.
(3) The cover shall be installed in a manner such that there are no
visible cracks, holes, gaps, or other open spaces between cover section
seams or between the interface of the cover edge and its foundation
mountings.
(4) Except as provided for in paragraph (b)(5) of this section,
each opening in the floating membrane cover shall be equipped with a
closure device designed to operate such that when the closure device is
secured in the closed position there are no visible cracks, holes,
gaps, or other open spaces in the closure device or between the
perimeter of the cover opening and the closure device.
(5) The floating membrane cover may be equipped with one or more
emergency cover drains for removal of stormwater. Each emergency cover
drain shall be equipped with a slotted membrane fabric cover that
covers at least 90 percent of the area of the opening or a flexible
fabric sleeve seal.
(6) The closure devices shall be made of suitable materials that
will minimize exposure of the regulated-material to the atmosphere, to
the extent practical, and will maintain the integrity of the equipment
throughout its intended service life. Factors to be considered when
selecting the materials for and designing the cover and closure devices
shall include: organic vapor permeability; the effects of any contact
with the liquid and its vapor managed in the surface impoundment; the
effects of outdoor exposure to wind, moisture, and sunlight; and the
operating practices used for the surface impoundment on which the
floating membrane cover is installed.
(c) Whenever a regulated-material is in the surface impoundment,
the floating membrane cover shall float on the liquid and each closure
device shall be secured in the closed position except as follows:
(1) Opening of closure devices or removal of the cover is allowed
at the following times:
(i) To provide access to the surface impoundment for performing
routine inspection, maintenance, or other activities needed for normal
operations. Examples of such activities include those times when a
worker needs to open a port to sample the liquid in the surface
impoundment, or when a worker needs to open a hatch to maintain or
repair equipment. Following completion of the activity, the owner or
operator shall promptly replace the cover and secure the closure device
in the closed position, as applicable.
(ii) To remove accumulated sludge or other residues from the bottom
of surface impoundment.
(2) Opening of a spring-loaded pressure-vacuum relief valve,
conservation vent, or similar type of pressure relief device which
vents to the atmosphere is allowed during normal operations for the
purpose of maintaining the pressure in the vapor headspace underneath
the cover in accordance with the cover design specifications. The
device shall be designed to operate with no detectable organic
emissions as defined in Sec. 63.941 of this subpart when the device is
secured in the closed position. The settings at which the device opens
shall be established such that the device remains in the closed
position whenever the cover vapor headspace pressure is within the
pressure operating range determined by the owner or operator based on
the cover manufacturer recommendations, applicable regulations, fire
protection and prevention codes, standard engineering codes and
practices, or other requirements for the safe handling of flammable,
ignitible, explosive, reactive, or hazardous materials.
(3) Opening of a safety device, as defined in Sec. 63.941 of this
subpart, is allowed at any time conditions require it to do so to avoid
an unsafe condition.
(d) The owner or operator shall inspect the floating membrane cover
in accordance with the procedures specified in Sec. 63.946(a) of this
subpart.
Sec. 63.943 Standards--Surface impoundment vented to control device.
(a) This section applies to owners and operators subject to this
subpart and controlling air emissions from a surface impoundment using
a cover and venting the vapor headspace underneath the cover through a
closed-vent system to a control device.
(b) The surface impoundment shall be covered by a cover and vented
directly through a closed-vent system to a control device in accordance
with the following requirements:
(1) The cover and its closure devices shall be designed to form a
continuous
[[Page 34192]]
barrier over the entire surface area of the liquid in the surface
impoundment.
(2) Each opening in the cover not vented to the control device
shall be equipped with a closure device. If the pressure in the vapor
headspace underneath the cover is less than atmospheric pressure when
the control device is operating, the closure devices shall be designed
to operate such that when the closure device is secured in the closed
position there are no visible cracks, holes, gaps, or other open spaces
in the closure device or between the perimeter of the cover opening and
the closure device. If the pressure in the vapor headspace underneath
the cover is equal to or greater than atmospheric pressure when the
control device is operating, the closure device shall be designed to
operate with no detectable organic emissions using the procedure
specified in Sec. 63.945(a) of this subpart.
(3) The cover and its closure devices shall be made of suitable
materials that will minimize exposure of the regulated-material to the
atmosphere, to the extent practical, and will maintain the integrity of
the equipment throughout its intended service life. Factors to be
considered when selecting the materials for and designing the cover and
closure devices shall include: organic vapor permeability; the effects
of any contact with the liquid or its vapors managed in the surface
impoundment; the effects of outdoor exposure to wind, moisture, and
sunlight; and the operating practices used for the surface impoundment
on which the cover is installed.
(4) The closed-vent system and control device shall be designed and
operated in accordance with the requirements of Sec. 63.693 in 40 CFR
part 63, subpart DD--National Emission Standards for Hazardous Air
Pollutant Standards from Off-Site Waste and Recovery Operations.
(c) Whenever a regulated-material is in the surface impoundment,
the cover shall be installed with each closure device secured in the
closed position and the vapor headspace underneath the cover vented to
the control device except as follows:
(1) Venting to the control device is not required, and opening of
closure devices or removal of the cover is allowed at the following
times:
(i) To provide access to the surface impoundment for performing
routine inspection, maintenance, or other activities needed for normal
operations. Examples of such activities include those times when a
worker needs to open a port to sample liquid in the surface
impoundment, or when a worker needs to open a hatch to maintain or
repair equipment. Following completion of the activity, the owner or
operator shall promptly secure the closure device in the closed
position or reinstall the cover, as applicable, to the surface
impoundment.
(ii) To remove accumulated sludge or other residues from the bottom
of surface impoundment.
(2) Opening of a safety device, as defined in Sec. 63.941 of this
subpart, is allowed at any time conditions require it to do so to avoid
an unsafe condition.
(d) The owner or operator shall inspect and monitor the air
emission control equipment in accordance with the procedures specified
in Sec. 63.946(b) of this subpart.
Sec. 63.944 [Reserved]
Sec. 63.945 Test methods and procedures.
(a) Procedure for determining no detectable organic emissions for
the purpose of complying with this subpart.
(1) The test shall be conducted in accordance with the procedures
specified in Method 21 of 40 CFR part 60, appendix A. Each potential
leak interface (i.e., a location where organic vapor leakage could
occur) on the cover and associated closure devices shall be checked.
Potential leak interfaces that are associated with covers and closure
devices include, but are not limited to: the interface of the cover and
its foundation mounting; the periphery of any opening on the cover and
its associated closure device; and the sealing seat interface on a
spring-loaded pressure-relief valve.
(2) The test shall be performed when the surface impoundment
contains a material having an organic HAP concentration representative
of the range of concentrations for the regulated-materials expected to
be managed in the surface impoundment. During the test, the cover and
closure devices shall be secured in the closed position.
(3) The detection instrument shall meet the performance criteria of
Method 21 of 40 CFR part 60, appendix A, except the instrument response
factor criteria in section 3.1.2(a) of Method 21 shall be for the
average composition of the organic constituents in the regulated-
material placed in the surface impoundment, not for each individual
organic constituent.
(4) The detection instrument shall be calibrated before use on each
day of its use by the procedures specified in Method 21 of 40 CFR part
60, appendix A.
(5) Calibration gases shall be as follows:
(i) Zero air (less than 10 ppmv hydrocarbon in air); and
(ii) A mixture of methane in air at a concentration of
approximately, but less than 10,000 ppmv.
(6) The background level shall be determined according to the
procedures in Method 21 of 40 CFR part 60, appendix A.
(7) Each potential leak interface shall be checked by traversing
the instrument probe around the potential leak interface as close to
the interface as possible, as described in Method 21. In the case when
the configuration of the cover or closure device prevents a complete
traverse of the interface, all accessible portions of the interface
shall be sampled. In the case when the configuration of the closure
device prevents any sampling at the interface and the device is
equipped with an enclosed extension or horn (e.g., some pressure relief
devices), the instrument probe inlet shall be placed at approximately
the center of the exhaust area to the atmosphere.
(8) The arithmetic difference between the maximum organic
concentration indicated by the instrument and the background level
shall be compared with the value of 500 ppmv. If the difference is less
than 500 ppmv, then the potential leak interface is determined to
operate with no detectable organic emissions.
Sec. 63.946 Inspection and monitoring requirements.
(a) Owners and operators that use a surface impoundment equipped
with a floating membrane cover in accordance with the provisions of
Sec. 63.942 of this subpart shall meet the following requirements:
(1) The floating membrane cover and its closure devices shall be
visually inspected by the owner or operator to check for defects that
could result in air emissions. Defects include, but are not limited to,
visible cracks, holes, or gaps in the cover section seams or between
the interface of the cover edge and its foundation mountings; broken,
cracked, or otherwise damaged seals or gaskets on closure devices; and
broken or missing hatches, access covers, caps, or other closure
devices.
(2) The owner or operator shall perform the inspections following
installation of the floating membrane cover and, thereafter, at least
once every year.
(3) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (c) of this section.
(4) The owner or operator shall maintain a record of the inspection
in accordance with the requirements
[[Page 34193]]
specified in Sec. 63.947(a)(2) of this subpart.
(b) Owners and operators that use a surface impoundment equipped
with a cover and vented through a closed-vent system to a control
device in accordance with the provisions of Sec. 63.943 of this subpart
shall inspect the air emission control equipment as follows:
(1) The owner or operator shall visually inspect the cover in
accordance with the following requirements:
(i) The cover and its closure devices shall be visually inspected
by the owner or operator to check for defects that could result in air
emissions. Defects include, but are not limited to, visible cracks,
holes, or gaps in the roof sections or between the interface of the
roof edge and its foundation mountings; broken, cracked, or otherwise
damaged seals or gaskets on closure devices; and broken or missing
hatches, access covers, caps, or other closure devices.
(ii) The owner or operator shall perform the inspections following
installation of the cover and, thereafter, at least once every year.
(iii) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (c) of this section.
(iv) The owner or operator shall maintain a record of the
inspection in accordance with the requirements specified in
Sec. 63.947(a)(2) of this subpart.
(2) The owner or operator shall inspect and monitor the closed-vent
system and the control device in accordance with the requirements
specified in Sec. 63.693 in 40 CFR part 63 subpart DD--National
Emission Standards for Hazardous Air Pollutant Standards from Off-Site
Waste and Recovery Operations.
(c) The owner or operator shall repair all detected defects as
follows:
(1) The owner or operator shall make first efforts at repair of the
defect no later than 5 calendar days after detection and repair shall
be completed as soon as possible but no later than 45 calendar days
after detection except as provided in paragraph (c)(2) of this section.
(2) Repair of a defect may be delayed beyond 45 calendar days if
the owner or operator determines that repair of the defect requires
emptying or temporary removal from service of the surface impoundment
and no alternative surface impoundment or tank capacity is available at
the site to accept the regulated-material normally managed in the
surface impoundment. In this case, the owner or operator shall repair
the defect at the next time the process or unit that is generating the
regulated-material managed in the surface impoundment stops operation.
Repair of the defect shall be completed before the process or unit
resumes operation.
(3) The owner or operator shall maintain a record of the defect
repair in accordance with the requirements specified in Sec. 63.947 of
this subpart.
Sec. 63.947 Recordkeeping requirements.
(a) Each owner or operator shall prepare and maintain the following
records:
(1) Documentation describing the floating membrane cover or cover
design, as applicable to the surface impoundment.
(2) A record for each inspection required by Sec. 63.946 of this
subpart that includes the following information: a surface impoundment
identification number (or other unique identification description as
selected by the owner or operator) and the date of inspection.
(3) The owner or operator shall record for each defect detected
during inspections required by Sec. 63.946 of this subpart the
following information: the location of the defect, a description of the
defect, the date of detection, and corrective action taken to repair
the defect. In the event that repair of the defect is delayed in
accordance with the provisions of Sec. 63.946(c)(2) of this section,
the owner or operator shall also record the reason for the delay and
the date that completion of repair of the defect is expected.
(b) Owners and operators that use a surface impoundment equipped
with a fixed-roof and vented through a closed-vent system to a control
device in accordance with the provisions of Sec. 63.943 of this subpart
shall prepare and maintain the records required for the closed-vent
system and control device in accordance with the requirements of
Sec. 63.693 in 40 CFR part 63, subpart DD--National Emission Standards
for Hazardous Air Pollutant Standards from Off-Site Waste and Recovery
Operations.
Sec. 63.948 Reporting requirements.
Owners and operators that use a surface impoundment equipped with a
fixed-roof and vented through a closed-vent system to a control device
in accordance with the provisions of Sec. 63.943 of this subpart shall
prepare and submit to the Administrator the reports required for
closed-vent systems and control devices in accordance with the
requirements of Sec. 63.693 in 40 CFR part 63, subpart DD--National
Emission Standards for Hazardous Air Pollutant Standards from Off-Site
Waste and Recovery Operations.
8. Part 63 is amended by adding subpart RR consisting of
Secs. 63.960 through 63.966 to read as follows:
Subpart RR--National Emission Standards for Individual Drain Systems
Sec.
63.960 Applicability.
63.961 Definitions.
63.962 Standards.
63.963 [Reserved]
63.964 Inspection and monitoring requirements.
63.965 Recordkeeping requirements.
63.966 Reporting requirements.
Subpart RR--National Emission Standards for Individual Drain
Systems
Sec. 63.960 Applicability.
(a) The provisions of this subpart apply to the control of air
emissions from individual drain systems for which another subpart of 40
CFR parts 60, 61, or 63 references the use of this subpart for such air
emission control. These air emission standards for individual drain
systems are placed here for administrative convenience and only apply
to those owners and operators of facilities subject to the other
subparts that reference this subpart. The provisions of 40 CFR part 63,
subpart A--General Provisions do not apply to this subpart except as
noted in the subpart that references this subpart.
Sec. 63.961 Definitions.
All terms used in this subpart shall have the meaning given to them
in the Act and in this section. If a term is defined in both this
section and in another subpart that references the use of this subpart,
then the definition in this subpart shall take precedence when
implementing this subpart.
Closure device means a cap, cover, hatch, lid, plug, seal, valve,
or other type of fitting that, when the device is secured in the closed
position, prevents or reduces air emissions to the atmosphere by
blocking an opening to the individual drain system. Closure devices
include devices that are detachable (e.g., a plug or manhole cover),
manually operated (e.g., a hinged access lid or hatch), or
automatically operated (e.g., a spring-loaded pressure relief valve).
Hard-piping means pipe or tubing that is manufactured and properly
installed in accordance with relevant standards (e.g., ANSI B31-3) and
good engineering practices.
Individual drain system means a stationary system used to convey
wastewater streams or residuals to a waste management unit or to
discharge or disposal. The term includes hard-piping, all drains and
junction boxes, together with their associated sewer
[[Page 34194]]
lines and other junction boxes (e.g., manholes, sumps, and lift
stations) conveying wastewater streams or residuals. For the purpose of
this subpart, an individual drain system is not a drain and collection
system that is designed and operated for the sole purpose of collecting
rainfall runoff (e.g., stormwater sewer system) and is segregated from
all other individual drain systems.
Junction box means a sump, manhole, or access point to a sewer line
or a lift station.
Sewer line means a lateral, trunk line, branch line, or other
conduit used to convey wastewater to a downstream waste management
unit. Sewer lines include pipes, grates, and trenches.
Waste management unit means the equipment, structure, or device
used to convey, store, treat, or dispose of wastewater streams or
residuals. Examples of waste management units include: wastewater
tanks, surface impoundments, individual drain systems, and biological
wastewater treatment units. Examples of equipment that may be waste
management units include containers, air flotation units, oil-water
separators or organic-water separators, or organic removal devices such
as decanters, strippers, or thin-film evaporation units.
Water seal means a seal pot, p-leg trap, or other type of trap
filled with water (e.g., flooded sewers that maintain liquid levels
adequate to prevent air flow through the system) that creates a liquid
barrier between the sewer line and the atmosphere. The liquid level of
the seal must be maintained in the vertical leg of a drain in order to
be considered a water seal.
Sec. 63.962 Standards.
(a) The owner or operator subject to this subpart shall control air
emissions from the individual drain system using one or a combination
of the following:
(1) Covers, water seals, and other air emission control equipment
as specified in paragraph (b) of this section.
(2) Hard-piping.
(3) Venting of the individual drain system through a closed vent
system to a control device in accordance with the following
requirements:
(i) The individual drain system is designed and operated such that
an internal pressure in the vapor headspace in the system is maintained
at a level less than atmospheric pressure when the control device is
operating, and
(ii) The closed vent system and control device are designed and
operated in accordance with the requirements of Sec. 63.693 in 40 CFR
part 63, subpart DD--National Emission Standards for Hazardous Air
Pollutant Standards from Off-Site Waste and Recovery Operations.
(b) Owners and operators controlling air emissions from an
individual drain system in accordance with paragraph (a)(1) of this
section shall meet the following requirements:
(1) The individual drain system shall be designed to segregate the
organic vapors from wastewater managed in the controlled individual
drain system from entering any other individual drain system that is
not controlled for air emissions in accordance with the standards
specified in this subpart.
(2) Drain control requirements. Each drain shall be equipped with
either a water seal or a closure device in accordance with the
following requirements:
(i) When a water seal is used, the water seal shall be designed
such that either:
(A) The outlet to the pipe discharging the wastewater extends below
the liquid surface in the water seal of the drain; or
(B) A flexible shield or other device is installed which restricts
wind motion across the open space between the outlet of the pipe
discharging the wastewater and the drain.
(ii) When a closure device is used (e.g., securing a cap or plug on
a drain that is not receiving wastewater), the closure device shall be
designed to operate such that when the closure device is secured in the
closed position there are no visible cracks, holes, gaps, or other open
spaces in the closure device or between the perimeter of the drain
opening and the closure device.
(3) Junction box control requirements. Each junction box shall be
equipped with controls as follows:
(i) The junction box shall be equipped with a closure device (e.g.,
manhole cover, access hatch) that is designed to operate such that when
the closure device is secured in the closed position there are no
visible cracks, holes, gaps, or other open spaces in the closure device
or between the perimeter of the junction box opening and the closure
device.
(ii) If the junction box is vented, the junction box shall be
vented in accordance with the following requirements:
(A) The junction box shall be vented through a closed vent system
to a control device except as provided for in paragraph (b)(3)(ii)(B)
of this section. The closed vent system and control device shall be
designed and operated in accordance in accordance with the standards
specified in Sec. 63.693 in 40 CFR part 63, subpart DD--National
Emission Standards for Hazardous Air Pollutant Standards from Off-Site
Waste and Recovery Operations.
(B) As an alternative to paragraph (b)(3)(ii)(A) of this section,
the owner or operator may vent the junction box directly to the
atmosphere when all of the following conditions are met:
(1) The junction box is filled and emptied by gravity flow (i.e.,
there is no pump) or is operated with no more than slight fluctuations
in the liquid level. Large changes in the size of the junction box
vapor headspace created by using a pump to repeatedly empty and then
refill the junction box do not meet this condition.
(2) The vent pipe installed on the junction box shall be at least
90 centimeters in length and no greater than 10.2 centimeter in
diameter.
(3) Water seals are installed at the liquid entrance(s) to or exit
from the junction box to restrict ventilation in the individual drain
system and between components in the individual drain system. The owner
or operator shall demonstrate (e.g., by visual inspection or smoke
test) upon request by the Administrator that the junction box water
seal is properly designed and restricts ventilation.
(4) Sewer line control requirements. Each sewer line shall not be
open to the atmosphere and shall be covered or closed in a manner such
that there are no visible cracks, holes, gaps, or other open spaces in
the sewer line joints, seals, or other emission interfaces.
(5) Operating requirements. The owner or operator shall operate the
air emission controls required by paragraphs (b)(2) through (b)(4) of
this section in accordance with the following requirements:
(i) Each closure device shall be maintained in a closed position
whenever wastewater is in the individual drain system except when it is
necessary to remove or open the closure device for sampling or removing
material in the individual drain system, or for equipment inspection,
maintenance, or repair.
(ii) Each drain equipped with a water seal and open to the
atmosphere shall be operated to ensure that the liquid in the water
seal is maintained at the appropriate level. Examples of acceptable
means for complying with this provision include but are not limited to
using a flow-monitoring device indicating positive flow from a main to
a branch water line supplying a trap; continuously dripping water into
the trap using a hose; or regular visual observations.
(iii) Each closed-vent system and the control device used to comply
with paragraph (b)(3)(ii)(A) of this section
[[Page 34195]]
shall be operated in accordance with the standards specified in 40 CFR
63.693.
Sec. 63.963 [Reserved].
Sec. 63.964 Inspection and monitoring requirements.
(a) The owner or operator shall inspect the individual drain system
in accordance with the following requirements:
(1) The individual drain system shall be visually inspected by the
owner or operator as follows to check for defects that could result in
air emissions to the atmosphere.
(i) The owner or operator shall visually inspect each drain as
follows:
(A) In the case when the drain is using a water seal to control air
emissions, the owner or operator shall verify appropriate liquid levels
are being maintained and identify any other defects that could reduce
water seal control effectiveness.
(B) In the case when the drain is using a closure device to control
air emissions, the owner or operator shall visually inspect each drain
to verify that the closure device is in place and there are no defects.
Defects include, but are not limited to, visible cracks, holes, or gaps
in the closure devices; broken, cracked, or otherwise damaged seals or
gaskets on closure devices; and broken or missing plugs, caps, or other
closure devices.
(ii) The owner or operator shall visually inspect each junction box
to verify that closure devices are in place and there are no defects.
Defects include, but are not limited to, visible cracks, holes, or gaps
in the closure devices; broken, cracked, or otherwise damaged seals or
gaskets on closure devices; and broken or missing hatches, access
covers, caps, or other closure devices.
(iii) The owner or operator shall visually inspect the unburied
portion of each sewer line to verify that all closure devices are in
place and there are no defects. Defects include, but are not limited
to, visible cracks, holes, gaps, or other open spaces in the sewer line
joints, seals, or other emission interfaces.
(iv) The owner or operator shall perform the inspections initially
at the time of installation of the water seals and closure devices for
the individual drain system and, thereafter, at least once every year.
(v) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (b) of this section.
(vi) The owner or operator shall maintain a record of the
inspection in accordance with the requirements specified in
Sec. 63.965(a) of this subpart.
(2) The owner or operator shall inspect and monitor the closed-vent
system and the control device in accordance with the requirements
specified in Sec. 63.693 in 40 CFR 63 subpart DD--National Emission
Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery
Operations.
(b) The owner or operator shall repair all detected defects as
follows:
(1) The owner or operator shall make first efforts at repair of the
defect no later than 5 calendar days after detection and repair shall
be completed as soon as possible but no later than 15 calendar days
after detection except as provided in paragraph (b)(2) of this section.
(2) Repair of a defect may be delayed beyond 15 calendar days if
the owner or operator determines that repair of the defect requires
emptying or temporary removal from service of the individual drain
system and no alternative capacity is available at the facility site to
accept the wastewater normally managed in the individual drain system.
In this case, the owner or operator shall repair the defect at the next
time the process or unit that is generating the wastewater managed in
the individual drain system stops operation. Repair of the defect shall
be completed before the process or unit resumes operation.
(3) The owner or operator shall maintain a record of the defect
repair in accordance with the requirements specified in
Sec. 63.965(a)(3) of this subpart.
Sec. 63.965 Recordkeeping requirements.
(a) Each owner or operator complying with Sec. 63.962(a)(1) of this
subpart shall prepare and maintain the following records:
(1) A written site-specific individual drain system inspection plan
that includes a drawing or schematic of the individual drain system and
identifies each drain, junction box, and sewer line location.
(2) A record of the date that each inspection required by
Sec. 63.964(a) of this subpart is performed.
(3) When applicable, a record for each defect detected during
inspections required by Sec. 63.964(a) of this subpart that includes
the following information: the location of the defect, a description of
the defect, the date of detection, the corrective action taken to
repair the defect, and the date that the corrective action was
completed. In the event that repair of the defect is delayed in
accordance with the provisions of Sec. 63.964(b)(2) of this section,
the owner or operator shall also record the reason for the delay and
the date that completion of repair of the defect is expected.
(b) Owners and operators that use a closed-vent system and a
control device in accordance with the provisions of Sec. 63.962(a)(3)
or Sec. 63.692(b)(3)(ii)(A) of this subpart shall prepare and maintain
the records required for the closed-vent system and control device in
accordance with the requirements of Sec. 63.693 in 40 CFR part 63,
subpart DD--National Emission Standards for Hazardous Air Pollutants
from Off-Site Waste and Recovery Operations.
Sec. 63.966 Reporting requirements.
Owners and operators that use a closed-vent system and a control
device in accordance with the provisions of Sec. 63.962(a)(3) or
Sec. 63.962(b)(3)(ii)(A) of this subpart shall prepare and submit to
the Administrator the reports required for closed-vent systems and
control devices in accordance with the requirements of Sec. 63.693 in
40 CFR part 63, subpart DD--National Emission Standards for Hazardous
Air Pollutants from Off-Site Waste and Recovery Operations.
9. Part 63 is amended by adding subpart VV consisting of
Secs. 63.1040 through 63.1049 to read as follows:
Subpart VV--National Emission Standards for Oil-Water Separators and
Organic-Water Separators
Sec.
63.1040 Applicability.
63.1041 Definitions.
63.1042 Standards--Separator fixed roof.
63.1043 Standards--Separator floating roof.
63.1044 Standards--Separator vented to control device.
63.1045 [Reserved]
63.1046 Test methods and procedures.
63.1047 Inspection and monitoring requirements.
63.1048 Recordkeeping requirements.
63.1049 Reporting requirements.
Subpart VV--National Emission Standards for Oil-Water Separators
and Organic-Water Separators
63.1040 Applicability.
The provisions of this subpart apply to the control of air
emissions from oil-water separators and organic-water separators for
which another subpart of 40 CFR parts 60, 61, or 63 references the use
of this subpart for such air emission control. These air emission
standards for oil-water separators and organic-water separators are
placed here for administrative convenience and only apply to those
owners and operators of facilities subject to the other subparts that
reference this subpart. The provisions of 40 CFR part 63, subpart
[[Page 34196]]
A--General Provisions do not apply to this subpart except as noted in
the subpart that references this subpart.
Sec. 63.1041 Definitions.
All terms used in this subpart shall have the meaning given to them
in the Act and in this section. If a term is defined in both this
section and in another subpart that references the use of this subpart,
then the definition in this subpart shall take precedence when
implementing this subpart.
Closure device means a cap, hatch, lid, plug, seal, valve, or other
type of fitting that, when the device is secured in the closed
position, prevents or reduces air emissions to the atmosphere by
blocking an opening in a fixed roof or floating roof. Closure devices
include devices that are detachable from the cover (e.g., a sampling
port cap), manually operated (e.g., a hinged access lid or hatch), or
automatically operated (e.g., a spring-loaded pressure relief valve).
Continuous seal means a seal that forms a continuous closure that
completely covers the space between the edge of the floating roof and
the wall of a separator. A continuous seal may be constructed of
fastened segments so as to form a continuous seal.
Fixed roof means a cover that is mounted on a separator in a
stationary position and does not move with fluctuations in the level of
the liquid managed in the separator.
Floating roof means a pontoon-type or double-deck type cover that
rests upon and is supported by the liquid managed in a separator.
Liquid-mounted seal means a foam- or liquid-filled continuous seal
that is mounted between the wall of the separator and the floating
roof, and the seal is in contact with the liquid in a separator.
Oil-water separator means a separator as defined for this subpart
that is used to separate oil from water.
Organic-water separator means a separator as defined for this
subpart that is used to separate organics from water.
Metallic shoe seal means a continuous seal that is constructed of
metal sheets which are held vertically against the wall of the
separator by springs, weighted levers, or other mechanisms and is
connected to the floating roof by braces or other means. A flexible
coated fabric (envelope) spans the annular space between the metal
sheet and the floating roof.
No detectable organic emissions means no escape of organics to the
atmosphere as determined using the procedure specified in
Sec. 63.1046(a) of this subpart.
Regulated-material means the material (e.g. waste, wastewater, off-
site material) required to be managed in separators using air emission
controls in accordance with the standards specified in this subpart.
Safety device means a closure device such as a pressure relief
valve, frangible disc, fusible plug, or any other type of device which
functions exclusively to prevent physical damage or permanent
deformation to the separator air emission control equipment by venting
gases or vapors directly to the atmosphere during unsafe conditions
resulting from an unplanned, accidental, or emergency event. For the
purpose of this subpart, a safety device is not used for routine
venting of gases or vapors from the vapor headspace underneath the
separator cover. A safety device is designed to remain in a closed
position during normal operations and open only when the internal
pressure, or another relevant parameter, exceeds the device threshold
setting applicable to the air emission control equipment as determined
by the owner or operator based on manufacturer recommendations,
applicable regulations, fire protection and prevention codes, standard
engineering codes and practices, or other requirements for the safe
handling of flammable, ignitable, explosive, reactive, or hazardous
materials.
Separator means a waste management unit, generally a tank, that is
used to separate oil or organics from water. A separator consists of
not only the separation unit but also the forebay and other separator
basins, skimmers, weirs, grit chambers, sludge hoppers, and bar screens
that are located directly after the individual drain system and prior
to any additional treatment units such as an air flotation unit
clarifier or biological treatment unit. Examples of a separator include
an API separator, parallel-plate interceptor, and corrugated-plate
interceptor with the associated ancillary equipment.
Sec. 63.1042 Standards--Separator fixed roof.
(a) This section applies to owners and operators subject to this
subpart and controlling air emissions from an oil-water separator or
organic-water separator using a fixed roof.
(b) The separator shall be equipped with a fixed roof designed to
meet the following specifications:
(1) The fixed roof and its closure devices shall be designed to
form a continuous barrier over the entire surface area of the liquid in
the separator.
(2) The fixed roof shall be installed in a manner such that there
are no visible cracks, holes, gaps, or other open spaces between roof
section joints or between the interface of the roof edge and the
separator wall.
(3) Each opening in the fixed roof shall be equipped with a closure
device designed to operate such that when the closure device is secured
in the closed position there are no visible cracks, holes, gaps, or
other open spaces in the closure device or between the perimeter of the
opening and the closure device.
(4) The fixed roof and its closure devices shall be made of
suitable materials that will minimize exposure of the regulated-
material to the atmosphere, to the extent practical, and will maintain
the integrity of the equipment throughout its intended service life.
Factors to be considered when selecting the materials for and designing
the fixed roof and closure devices shall include: organic vapor
permeability; the effects of any contact with the liquid and its vapors
managed in the separator; the effects of outdoor exposure to wind,
moisture, and sunlight; and the operating practices used for the
separator on which the fixed roof is installed.
(c) Whenever a regulated-material is in the separator, the fixed
roof shall be installed with each closure device secured in the closed
position except as follows:
(1) Opening of closure devices or removal of the fixed roof is
allowed at the following times:
(i) To provide access to the separator for performing routine
inspection, maintenance, or other activities needed for normal
operations. Examples of such activities include those times when a
worker needs to open a port to sample the liquid in the separator, or
when a worker needs to open a hatch to maintain or repair equipment.
Following completion of the activity, the owner or operator shall
promptly secure the closure device in the closed position or reinstall
the cover, as applicable, to the separator.
(ii) To remove accumulated sludge or other residues from the bottom
of separator.
(2) Opening of a spring-loaded pressure-vacuum relief valve,
conservation vent, or similar type of pressure relief device which
vents to the atmosphere is allowed during normal operations for the
purpose of maintaining the pressure in vapor headspace underneath the
fixed roof in accordance with the separator design specifications. The
device shall be designed to operate with no detectable organic
emissions, as determined using the procedure specified in
Sec. 63.1046(a) of this subpart, when the device is
[[Page 34197]]
secured in the closed position. The settings at which the device opens
shall be established such that the device remains in the closed
position whenever the pressure in the vapor headspace underneath the
fixed roof is within the pressure operating range determined by the
owner or operator based on the cover manufacturer recommendations,
applicable regulations, fire protection and prevention codes, standard
engineering codes and practices, or other requirements for the safe
handling of flammable, ignitable, explosive, reactive, or hazardous
materials.
(3) Opening of a safety device, as defined in Sec. 63.1041 of this
subpart, is allowed at any time conditions require it to do so to avoid
an unsafe condition.
(d) The owner or operator shall inspect the fixed roof and any
closure devices in accordance with the requirements specified in
Sec. 63.1047(a) of this subpart.
Sec. 63.1043 Standards--Separator floating roof.
(a) This section applies to owners and operators subject to this
subpart and controlling air emissions from an oil-water separator or
organic-water separator using a floating roof.
(b) The separator shall be equipped with a floating roof designed
to meet the following specifications:
(1) The floating roof shall be designed to float on the liquid
surface during normal operations.
(2) The floating roof shall be equipped with two continuous seals,
one above the other, between the wall of the separator and the roof
edge. The lower seal is referred to as the primary seal, and the upper
seal is referred to as the secondary seal.
(i) The primary seal shall be a liquid-mounted seal or a metallic
shoe seal, as defined in Sec. 63.1041 of this subpart. The total area
of the gaps between the separator wall and the primary seal shall not
exceed 67 square centimeters (cm2) per meter of separator wall
perimeter, and the width of any portion of these gaps shall not exceed
3.8 centimeters (cm).
(ii) The secondary seal shall be mounted above the primary seal and
cover the annular space between the floating roof and the wall of the
separator. The total area of the gaps between the separator wall and
the secondary seal shall not exceed 6.7 square centimeters (cm2)
per meter of separator wall perimeter, and the width of any portion of
these gaps shall not exceed 1.3 centimeters (cm).
(3) Except as provided for in paragraph (b)(4) of this section,
each opening in the floating roof shall be equipped with a closure
device designed to operate such that when the closure device is secured
in the closed position there are no visible cracks, holes, gaps, or
other open spaces in the closure device or between the perimeter of the
cover opening and the closure device.
(4) The floating roof may be equipped with one or more emergency
roof drains for removal of stormwater. Each emergency roof drain shall
be equipped with a slotted membrane fabric cover that covers at least
90 percent of the area of the opening or a flexible fabric sleeve seal.
(c) Whenever a regulated-material is in the separator, the floating
roof shall float on the liquid (i.e., off the roof supports) and each
closure device shall be secured in the closed position except as
follows:
(1) Opening of closure devices is allowed at the following times:
(i) To provide access to the separator for performing routine
inspection, maintenance, or other activities needed for normal
operations. Examples of such activities include those times when a
worker needs to open a port to sample the liquid in the separator, or
when a worker needs to open a hatch to maintain or repair equipment.
Following completion of the activity, the owner or operator shall
promptly secure the closure device in the closed position.
(ii) To remove accumulated sludge or other residues from the bottom
of separator.
(2) Opening of a safety device, as defined in Sec. 63.1041 of this
subpart, is allowed at any time conditions require it to do so to avoid
an unsafe condition.
(d) The owner or operator shall inspect the floating roof in
accordance with the procedures specified in Sec. 63.1047(b) of this
subpart.
Sec. 63.1044 Standards--Separator vented to control device.
(a) This section applies to owners and operators controlling air
emissions from an oil-water or organic-water separator using a fixed
roof and venting the vapor headspace underneath the fixed roof through
a closed-vent system to a control device.
(b) The separator shall be covered by a fixed roof and vented
directly through a closed-vent system to a control device in accordance
with the following requirements:
(1) The fixed roof and its closure devices shall be designed to
form a continuous barrier over the entire surface area of the liquid in
the separator.
(2) Each opening in the fixed roof not vented to the control device
shall be equipped with a closure device. If the pressure in the vapor
headspace underneath the fixed roof is less than atmospheric pressure
when the control device is operating, the closure devices shall be
designed to operate such that when the closure device is secured in the
closed position there are no visible cracks, holes, gaps, or other open
spaces in the closure device or between the perimeter of the cover
opening and the closure device. If the pressure in the vapor headspace
underneath the fixed roof is equal to or greater than atmospheric
pressure when the control device is operating, the closure device shall
be designed to operate with no detectable organic emissions, as
determined using the procedure specified in Sec. 63.1046(a) of this
subpart.
(3) The fixed roof and its closure devices shall be made of
suitable materials that will minimize exposure of the regulated-
material to the atmosphere, to the extent practical, and will maintain
the integrity of the equipment throughout its intended service life.
Factors to be considered when selecting the materials for and designing
the fixed roof and closure devices shall include: organic vapor
permeability; the effects of any contact with the liquid or its vapors
managed in the separator; the effects of outdoor exposure to wind,
moisture, and sunlight; and the operating practices used for the
separator on which the fixed roof is installed.
(4) The closed-vent system and control device shall be designed and
operated in accordance with the requirements of Sec. 63.693 in 40 CFR
part 63, subpart DD--National Emission Standards for Hazardous Air
Pollutants from Off-Site Waste and Recovery Operations.
(c) Whenever a regulated-material is in the separator, the fixed
roof shall be installed with each closure device secured in the closed
position and the vapor headspace underneath the fixed roof vented to
the control device except as follows:
(1) Venting to the control device is not required, and opening of
closure devices or removal of the fixed roof is allowed at the
following times:
(i) To provide access to the separator for performing routine
inspection, maintenance, or other activities needed for normal
operations. Examples of such activities include those times when a
worker needs to open a port to sample liquid in the separator, or when
a worker needs to open a hatch to maintain or repair equipment.
Following completion of the activity,
[[Page 34198]]
the owner or operator shall promptly secure the closure device in the
closed position or reinstall the cover, as applicable, to the
separator.
(ii) To remove accumulated sludge or other residues from the bottom
of separator.
(2) Opening of a safety device, as defined in Sec. 63.1041 of this
subpart, is allowed at any time conditions require it to do so to avoid
an unsafe condition.
(d) The owner or operator shall inspect and monitor the air
emission control equipment in accordance with the procedures specified
in Sec. 63.1047(c) of this subpart.
Sec. 63.1045 [Reserved]
Sec. 63.1046 Test methods and procedures.
(a) Procedure for determining no detectable organic emissions for
the purpose of complying with this subpart.
(1) The test shall be conducted in accordance with the procedures
specified in Method 21 of 40 CFR part 60, appendix A. Each potential
leak interface (i.e., a location where organic vapor leakage could
occur) on the cover and associated closure devices shall be checked.
Potential leak interfaces that are associated with covers and closure
devices include, but are not limited to: the interface of the cover and
its foundation mounting; the periphery of any opening on the cover and
its associated closure device; and the sealing seat interface on a
spring-loaded pressure-relief valve.
(2) The test shall be performed when the separator contains a
material having an organic HAP concentration representative of the
range of concentrations for the regulated-materials expected to be
managed in the separator. During the test, the cover and closure
devices shall be secured in the closed position.
(3) The detection instrument shall meet the performance criteria of
Method 21 of 40 CFR part 60, appendix A, except the instrument response
factor criteria in section 3.1.2(a) of Method 21 shall be for the
average composition of the organic constituents in the regulated-
material placed in the separator, not for each individual organic
constituent.
(4) The detection instrument shall be calibrated before use on each
day of its use by the procedures specified in Method 21 of 40 CFR part
60, appendix A.
(5) Calibration gases shall be as follows:
(i) Zero air (less than 10 ppmv hydrocarbon in air); and
(ii) A mixture of methane in air at a concentration of
approximately, but less than, 10,000 ppmv.
(6) The background level shall be determined according to the
procedures in Method 21 of 40 CFR part 60 appendix A.
(7) Each potential leak interface shall be checked by traversing
the instrument probe around the potential leak interface as close to
the interface as possible, as described in Method 21. In the case when
the configuration of the cover or closure device prevents a complete
traverse of the interface, all accessible portions of the interface
shall be sampled. In the case when the configuration of the closure
device prevents any sampling at the interface and the device is
equipped with an enclosed extension or horn (e.g., some pressure relief
devices), the instrument probe inlet shall be placed at approximately
the center of the exhaust area to the atmosphere.
(8) The arithmetic difference between the maximum organic
concentration indicated by the instrument and the background level
shall be compared with the value of 500 ppmv. If the difference is less
than 500 ppmv, then the potential leak interface is determined to
operate with no detectable organic emissions.
(b) Procedure for performing floating roof seal gap measurements
for the purpose of complying with this subpart.
(1) The owner or operator shall determine the total surface area of
gaps in the primary seal and in the secondary seal individually.
(2) The seal gap measurements shall be performed at one or more
floating roof levels when the roof is floating off the roof supports.
(3) Seal gaps, if any, shall be measured around the entire
perimeter of the floating roof in each place where a 0.32-centimeter
(cm) diameter uniform probe passes freely (without forcing or binding
against the seal) between the seal and the wall of the separator and
measure the circumferential distance of each such location.
(4) For a seal gap measured under paragraph (b)(2) of this section,
the gap surface area shall be determined by using probes of various
widths to measure accurately the actual distance from the separator
wall to the seal and multiplying each such width by its respective
circumferential distance.
(5) The total gap area shall be calculated by adding the gap
surface areas determined for each identified gap location for the
primary seal and the secondary seal individually, and then dividing the
sum for each seal type by the nominal perimeter of the separator basin.
These total gap areas for the primary seal and secondary seal then are
compared to the respective standards for the seal type as specified in
Sec. 63.1043(b)(2) of this subpart.
Sec. 63.1047 Inspection and monitoring requirements.
(a) Owners and operators that use a separator equipped with a fixed
roof in accordance with the provisions of Sec. 63.1042 of this subpart
shall meet the following requirements:
(1) The fixed roof and its closure devices shall be visually
inspected by the owner or operator to check for defects that could
result in air emissions to the atmosphere. Defects include, but are not
limited to, visible cracks, holes, or gaps in the roof sections or
between the roof and the separator wall; broken, cracked, or otherwise
damaged seals or gaskets on closure devices; and broken or missing
hatches, access covers, caps, or other closure devices.
(2) The owner or operator shall perform the inspections following
installation of the fixed roof and, thereafter, at least once every
year.
(3) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (d) of this section.
(4) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 63.1048(a)(2) of
this subpart.
(b) Owners and operators that use a separator equipped with a
floating roof in accordance with the provisions of Sec. 63.1043 of this
subpart shall meet the following requirements:
(1) The owner or operator shall measure the floating roof seal gaps
using the procedure specified in Sec. 63.1046(b) of this subpart in
accordance with the following requirements:
(i) The owner or operator shall perform measurements of gaps
between the separator wall and the primary seal within 60 days after
initial operation of the separator following installation of the
floating roof and, thereafter, at least once every 5 years.
(ii) The owner or operator shall perform measurements of gaps
between the separator wall and the secondary seal within 60 days after
initial operation of the separator following installation of the
floating roof and, thereafter, at least once every year.
(iii) If a separator ceases to hold regulated-material for a period
of 1 year or more, subsequent introduction of regulated-material into
the separator shall be considered an initial operation for the purpose
of complying with paragraphs (b)(1)(i) and (b)(1)(ii) of this section.
[[Page 34199]]
(iv) In the event that the seal gap measurements do not conform to
the specifications in Sec. 63.1043(b)(2) of this subpart, the owner or
operator shall repair the defect in accordance with the requirements of
paragraph (d) of this section.
(v) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 63.1048 (a)(2)
and (b) of this subpart.
(2) The owner or operator shall visually inspect the floating roof
in accordance with the following requirements:
(i) The floating roof and its closure devices shall be visually
inspected by the owner or operator to check for defects that could
result in air emissions to the atmosphere. Defects include, but are not
limited to: holes, tears, or other openings in the rim seal or seal
fabric of the floating roof; a rim seal detached from the floating
roof; all or a portion of the floating roof deck being submerged below
the surface of the liquid in the separator; broken, cracked, or
otherwise damaged seals or gaskets on closure devices; and broken or
missing hatches, access covers, caps, or other closure devices.
(ii) The owner or operator shall perform the inspections following
installation of the floating roof and, thereafter, at least once every
year.
(iii) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (d) of this section.
(iv) The owner or operator shall maintain a record of the
inspection in accordance with the requirements specified in
Sec. 63.1048(a)(2) of this subpart.
(c) Owners and operators that use a separator equipped with a fixed
roof and vented through a closed-vent system to a control device in
accordance with the provisions of Sec. 63.1044 of this subpart shall
inspect the air emission control equipment as follows:
(1) The owner or operator shall visually inspect the fixed roof in
accordance with the following requirements:
(i) The fixed roof and its closure devices shall be visually
inspected by the owner or operator to check for defects that could
result in air emissions. Defects include, but are not limited to,
visible cracks, holes, or gaps in the roof sections or between the roof
and the separator wall; broken, cracked, or otherwise damaged seals or
gaskets on closure devices; and broken or missing hatches, access
covers, caps, or other closure devices.
(ii) The owner or operator shall perform the inspections following
installation of the fixed roof and, thereafter, at least once every
year.
(iii) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (d) of this section.
(iv) The owner or operator shall maintain a record of the
inspection in accordance with the requirements specified in
Sec. 63.1048(a)(2) of this subpart.
(2) The owner or operator shall inspect and monitor the closed-vent
system and the control device in accordance with the requirements
specified in Sec. 63.693 in 40 CFR 63 subpart DD--National Emission
Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery
Operations.
(d) The owner or operator shall repair all detected defects as
follows:
(1) The owner or operator shall make first efforts at repair of the
defect no later than 5 calendar days after detection and repair shall
be completed as soon as possible but no later than 45 calendar days
after detection except as provided in paragraph (d)(2) of this section.
(2) Repair of a defect may be delayed beyond 45 calendar days if
the owner or operator determines that repair of the defect requires
emptying or temporary removal from service of the separator and no
alternative treatment capacity is available at the facility site to
accept the regulated-material normally treated in the separator. In
this case, the owner or operator shall repair the defect at the next
time the process or unit that is generating the regulated-material
managed in the separator stops operation. Repair of the defect shall be
completed before the process or unit resumes operation.
(3) The owner or operator shall maintain a record of the defect
repair in accordance with the requirements specified in
Sec. 63.1048(a)(3) of this subpart.
Sec. 63.1048 Recordkeeping requirements.
(a) Each owner or operator shall prepare and maintain the following
records:
(1) Documentation describing the design of each floating roof and
fixed roof installed on a separator, as applicable to the separator.
When a floating roof is used, the documentation shall include the
dimensions of the separator bay or section in which the floating roof
is installed.
(2) A record for each inspection required by Sec. 63.1047 of this
subpart that includes the following information: a separator
identification number (or other unique identification description as
selected by the owner or operator) and the date of inspection.
(3) The owner or operator shall record for each defect detected
during inspections required by Sec. 63.1047 of this subpart the
following information: the location of the defect, a description of the
defect, the date of detection, and corrective action taken to repair
the defect. In the event that repair of the defect is delayed in
accordance with the provisions of Sec. 63.1047(d)(2) of this section,
the owner or operator shall also record the reason for the delay and
the date that completion of repair of the defect is expected.
(b) Owners and operators that use a separator equipped with a
floating roof in accordance with the provisions of Sec. 63.1043 of this
subpart shall prepare and maintain records for each inspection required
by Sec. 63.1047(b)(1) describing the results of the seal gap
measurements. The records shall include the date of the measurements
performed, the raw data obtained for the measurements, and the
calculations of the total gap surface area. In the event that the seal
gap measurements do not conform to the specifications in
Sec. 63.1043(b)(2) of this subpart, the records shall include a
description of the repairs that were made, the date the repairs were
made, and the date the separator was emptied, if necessary.
(c) Owners and operators that use a separator equipped with a
fixed-roof and vented through a closed-vent system to a control device
in accordance with the provisions of Sec. 63.1044 of this subpart shall
prepare and maintain the records required for the closed-vent system
and control device in accordance with the requirements of Sec. 63.693
in 40 CFR 63 subpart DD--National Emission Standards for Hazardous Air
Pollutants from Off-Site Waste and Recovery Operations.
Sec. 63.1049 Reporting requirements.
(a) Owners and operators that use a separator equipped with a
floating roof in accordance with the provisions of Sec. 63.1043 of this
subpart shall notify the Administrator at least 30 calendar days prior
to each seal gap measurement inspection performed to comply with the
requirements in Sec. 63.1047(b)(1) of this subpart.
(b) Owners and operators that use a separator equipped with a
fixed-roof and vented through a closed-vent system to a control device
in accordance with the provisions of Sec. 63.1044 of this subpart shall
prepare and submit to the Administrator the reports required for
[[Page 34200]]
closed-vent systems and control devices in accordance with the
requirements of Sec. 63.693 in 40 CFR 63 subpart DD--National Emission
Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery
Operations.
10. Part 63 is amended by adding appendix D to read as follows:
Appendix D to Part 63--Alternative Validation Procedure for EPA Waste
and Wastewater Methods
1. Applicability
This procedure is to be applied exclusively to Environmental
Protection Agency methods developed by the Office of Water and the
Office of Solid Waste. Alternative methods developed by any other
group or agency shall be validated according to the procedures in
Sections 5.1 and 5.3 of Test Method 301, 40 CFR Part 63, Appendix A.
For the purposes of this appendix, ``waste'' means waste and
wastewater.
2. Procedure
This procedure shall be applied once for each waste matrix.
Waste matrix in the context of this procedure refers to the target
compound mixture in the waste as well as the formulation of the
medium in which the target compounds are suspended. The owner or
operator shall prepare a sampling plan. Wastewater samples shall be
collected using sampling procedures which minimize loss of organic
compounds during sample collection and analysis and maintain sample
integrity. The sample plan shall include procedures for determining
recovery efficiency of the relevant compounds regulated in the
applicable subpart. An example of an acceptable sampling plan would
be one that incorporates similar sampling and sample handling
requirements to those of Method 25D of 40 CFR part 60, appendix A.
2.1. Sampling and Analysis
2.1.1. For each waste matrix, collect twice the number of
samples required by the applicable regulation. Designate and label
half the sample vials the ``spiked'' sample set, and the other half
the ``unspiked'' sample set. Immediately before or immediately after
sampling (immediately after in the context of this procedure means
after placing the sample into the sample vial, but before the sample
is capped, cooled, and shipped to the laboratory for analysis),
inject, either individually or as a solution, all the target
compounds into each spiked sample.
2.1.2. The mass of each spiked compound shall be 40 to 60
percent of the mass expected to be present in the waste matrix. If
the concentration of the target compounds in the waste are not
known, the mass of each spiked compound shall be 40 to 60 percent of
the limit allowed in the applicable regulation. Analyze both sets of
samples (spiked and unspiked) with the chosen method.
3. Calculations
For each pair of spiked and unspiked samples, determine the
fraction of spiked compound recovered (R) using the following
equations.
where:
mr = mass spiked compound measured (g).
ms = total mass of compound measured in spiked sample
(g).
mu = total mass of compound measured in unspiked sample
(g).
where:
S = theoretical mass of compound spiked into spiked sample
(g).
3.1. Method Evaluation
In order for the chosen method to be acceptable for a compound,
0.70R1.30 (R in this case is an average value
of all the spiked and unspiked sample set R values). If the average
R value does not meet this criterion for a target compound, the
chosen method is not acceptable for that compound, and therefore
another method shall be evaluated for acceptance (by repeating the
procedures outlined above with another method).
3.2. Records and Reports
Report the average R value in the test report and correct all
reported measurements made with the method with the calculated R
value for that compound by using the following equation:
[GRAPHIC] [TIFF OMITTED] TR01JY96.048
3.3. Optional Correction Step
If the applicable regulation allows for correction of the mass
of the compound in the waste by a published fm value, multiply
the reported result calculated above with the appropriate fm
value for that compound.
[FR Doc. 96-16576 Filed 6-28-96; 8:45 am]
BILLING CODE 6560-50-P
