[Federal Register Volume 61, Number 228 (Monday, November 25, 1996)]
[Rules and Regulations]
[Pages 59932-59997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29456]
[[Page 59931]]
_______________________________________________________________________
Part II
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 261, et al.
Organic Air Emission Standards for Tanks, Surface Impoundments, and
Containers; Final Rule
Federal Register / Vol. 61, No. 228 / Monday, November 25, 1996 /
Rules and Regulations
[[Page 59932]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 261, 262, 264, 265, 270, and 271
[IL-64-2-5807; FRL-5634-4]
RIN 2060-AG44
Hazardous Waste Treatment, Storage, and Disposal Facilities and
Hazardous Waste Generators; Organic Air Emission Standards for Tanks,
Surface Impoundments, and Containers
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: Under the authority of the Resource Conservation and Recovery
Act (RCRA), as amended, the EPA has published standards (59 FR 62896,
December 6, 1994) to reduce organic air emissions from certain
hazardous waste management activities to levels that are protective of
human health and the environment. (The standards are known colloquially
as the ``subpart CC'' standards due to their inclusion in subpart CC of
parts 264 and 265 of the RCRA subtitle C regulations). These air
standards apply to certain tanks, containers, and surface impoundments
(including tanks and containers at generators' facilities) used to
manage hazardous waste capable of releasing organic waste constituents
at levels which can harm human health and the environment.
The EPA previously has stayed the effective date of those rules
administratively in order to receive and evaluate comments and
ultimately to revise the rules in an appropriate manner. Today's action
amends and clarifies the regulatory text of the final standards,
clarifies certain language in the preamble to the final rule, and in
doing so provides additional options for compliance that give owners
and operators increased flexibility in meeting the requirements of the
rules while still providing sufficient controls to be protective of
human health and the environment. In addition, today's action suspends
the applicability and implementation of subpart CC of Parts 264 and 265
from October 6, 1996, to December 6, 1996.
DATES: These amendments are effective October 6, 1996. The
applicability and implementation of Subpart CC of Parts 264 and 265 is
suspended from October 6, 1996, to December 6, 1996.
ADDRESSES: This document is available on the EPA's Clean-up Information
Bulletin Board (CLU-IN). To access CLU-IN with a modem of up to 28,800
baud, dial (301) 589-8366. First time users will be asked to input some
initial registration information. Next, select ``D'' (download) from
the main menu. Input the file name ``RCRAAMEN.ZIP'' to download this
notice. Follow the on-line instructions to complete the download. More
information about the download procedure is located in Bulletin 104; to
read this type ``B 104'' from the main menu. For additional help with
these instructions, telephone the CLU-IN help line at (301) 589-8368.
Docket. The supporting information used for this rulemaking is
available for public inspection and copying in the RCRA docket. The
RCRA docket numbers pertaining to this rulemaking are F-91-CESP-FFFFF,
F-92-CESA-FFFFF, F-94-CESF-FFFFF, F-94-CE2A-FFFFF, F-95-CE3A-FFFFF and
F-96-CE4A-FFFFF. The RCRA docket is located at Crystal Gateway, 1235
Jefferson Davis Highway, First Floor, Arlington, Virginia. Hand
delivery of items and review of docket materials are made at the
Virginia address. The public must have an appointment to review docket
materials. Appointments can be scheduled by calling the Docket Office
at (703) 603-9230. The mailing address for the RCRA docket office is
RCRA Information Center (5305W), U.S. Environmental Protection Agency,
401 M Street SW, Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: For information concerning
applicability, permitting, enforcement and rule determinations, contact
the appropriate regional representative:
Region I:
Stephen Yee, (617) 565-3550, U.S. EPA, Region I, JFK Federal
Building, Boston, MA 02203-0001
Region II:
Abdool Jabar, (212) 637-4131, John Brogard, 637-4162, Jim Sullivan,
637-3812, U.S. EPA, Region II, 290 Broadway, New York, NY 10007-1866
Region III:
Linda Matyskiela,(215) 566-3420, U.S. EPA, Region III, 841 Chestnut
Building, Philadelphia, PA 19107
Region IV:
Denise Housley, (404) 562-8495, Rick Gillam, 562-8498, Judy
Sophianolpoulos, 562-8604, U.S. EPA, Region IV, 345 Courtland Street,
N.E., Atlanta, GA 30365
Region V:
Charles Slaustas, (312) 886-6190, Ros Del Rosario, 886-6195,
Uylaine McMahan, 886-4454, U.S. EPA, Region V, 5AE-26, 77 West Jackson
Street, Chicago, IL 60604
Region VI:
Michelle Peace, (214) 665-7430, David McQuiddy, 665-6722, U.S. EPA,
Region VI, 1445 Ross Avenue, Suite 1200, Dallas, TX 75202-2733
Region VII:
Don Lininger, (913) 551-7724, Ken Herstowski, 551-7631, U.S. EPA,
Region VII, 726 Minnesota Avenue, Kansas City, KS 66101
Region VIII:
Mindy Mohr, (303) 312-6525, U.S. EPA, Region VIII, 999 18th Street,
Suite 500, Denver, CO 80202-2466
Region IX:
Stacy Braye, (415) 774-2056, Jean Daniel, 774-2128, U.S. EPA,
Region IX, 75 Hawthorne Street, San Francisco, CA
Region X:
Linda Liu, (206) 553-1447, David Bartus, 553-2804, U.S. EPA, Region
X, OAQ-107, 1200 Sixth Avenue, Seattle, WA 98101
For general information about the RCRA Air Rules, or specific rule
requirements of RCRA rules, please contact the RCRA Hotline, toll-free
at (800) 424-9346. For questions about testing or analytical methods
mentioned in this notice, please contact the Emission Measurement
Center (MD-19), U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711, telephone (919) 541-5374. For information
concerning the analyses performed in developing this rule, contact Ms.
Michele Aston, Emission Standards Division (MD-13), U.S. Environmental
Protection Agency, Research Triangle Park, North Carolina 27711.
Note: The EPA notes that this published preamble differs in two
respects from that signed by the Administrator on October 4, 1996.
First, the EPA has altered the wording of the DATES section of the
rule to indicate that these amendments are suspended between the
period October 4, 1996, and December 6, 1996. The alteration is in
the use of the new term, ``suspend.'' The result of this alteration
is equivalent to that in the version of the rule signed October 4,
1996; namely, that the final regulations, as amended by the action
signed October 4, 1996, take effect on December 6, 1996. The reason
for the altered language is essentially due to conventions in
printing format. The EPA has also added an explanation in the
preamble to clarify that, in revising this terminology, the EPA is
not altering its intent that the effective date of the regulations
will be December 6, 1996.
Second, with respect to the issue of whether RCRA subpart AA and
BB standards apply to recycling units (i.e., units performing the
actual process of recycling) at 90-day generator facilities, the
October 4, 1996, preamble did not clearly reflect the text of the
regulation or the Agency's intention. The Agency's intent is that
recycling units which are exempt from RCRA under 40 CFR 261.6(c)(1)
are not subject to subpart AA and
[[Page 59933]]
BB standards under 40 CFR part 264 or 265, unless some other unit at
the facility has to obtain a RCRA permit. In addition, it is the
Agency's intent that units recycling waste that have permit-exempt
status by virtue of the provisions of 40 CFR 262.34 (the 90-day unit
provision), but are not exempt under the requirement of 40 CFR
261.6(c)(1), are subject to the 40 CFR part 265, subpart AA and BB
standards. The preamble discussion contained in the version of this
notice signed October 4, 1996, did not clearly distinguish between
these two populations, and thus could have easily been interpreted
to be contrary to this intent. The EPA has edited the preamble text
to clearly reflect its intent.
The EPA believes that making this clarifying change can be done
without re-proposing the edited preamble language. In promulgating the
October 4, 1996, signed amendments, the EPA did not voice any intention
to deviate from previous regulatory actions under this rulemaking that,
when applying to generator facilities, subpart AA and BB requirements
cover only 90-day tanks and containers (see December 6, 1994,
promulgated rule 59 FR at page 62909; final rule Background Information
Document, EPA-453/R-94-076b, at page 7-11; July 22, 1991, proposed rule
at 56 FR at page 33530; proposed rule Background Information Document,
EPA-450/3-89-023c, at page L-3). For this purpose, the EPA does not
consider a recycling unit which is exempt from permitting under 40 CFR
261.6(c)(1) to be a 90-day tank or container. Any suggestion in the
October 1996 preamble that these recycling units would all be covered
would have expanded the scope of the underlying rule, contrary to EPA's
stated intent.
The primary reason EPA is correcting the preamble language now (as
opposed to a later Federal Register notice, perhaps with a public
comment period) is to minimize any confusion on this issue. The best
way to do so is to have the Federal Register publication be accurate,
not to issue a later notice correcting and clarifying preamble
language. The EPA is therefore making changes to be incorporated into
this Federal Register notice, in an effort to correct any potentially
confusing preamble discussions before publication. This revised notice
will replace the version of the notice signed by the Administrator on
October 4, 1996, which was previously available on the EPA's CLU-IN
electronic bulletin board.
SUPPLEMENTARY INFORMATION:
Regulated Entities
The entities potentially affected by this action include:
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Category Examples of regulated entities
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Industry............................ Businesses that treat, store, or
dispose of hazardous waste and
are subject to RCRA subtitle C
permitting requirements, or that
accumulate hazardous waste on-
site in RCRA permit-exempt tanks
or containers pursuant to 40 CFR
262.34(a).
Federal Government.................. Federal agencies that treat,
store, or dispose of hazardous
waste and are subject to RCRA
subtitle C permitting
requirements, or that accumulate
hazardous waste on-site in RCRA
permit-exempt tanks or containers
pursuant to 40 CFR 262.34(a).
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be interested in the
amendments to the regulation affected by this action. To determine
whether your facility is regulated by this action, you should carefully
examine the applicability criteria in Sec. 264.1080 and Sec. 265.1080
of the RCRA subpart CC air rules. 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.
Background
Section 3004(n) of RCRA requires EPA to develop standards to
control air emissions from hazardous waste treatment, storage, and
disposal facilities as may be necessary to protect human health and the
environment. This requirement echoes the general requirement in section
3004(a) and section 3002(a)(3) to develop standards to control
hazardous waste management activities as may be necessary to protect
human health and the environment. The Agency has issued a series of
regulations to implement the section 3004(n) mandate; these regulations
control air emissions from certain process vents and equipment leaks
(part 264 and part 265 subparts AA and BB), and emissions from certain
tanks, containers, and surface impoundments (the subpart CC standards,
which are the primary subject of today's action).
The EPA is today amending the final subpart AA, BB, and CC
standards. Since the publication of the final subpart CC rule (59 FR
69826, December 4, 1994), the EPA has published three Federal Register
documents to delay the effective date of that rule. The first (60 FR
26828, May 19, 1995) revised the effective date of the standards to be
December 6, 1995. The second (60 FR 56952, November 13, 1995) revised
the effective date of the standards to be June 6, 1996. The third (61
FR 28508, June 5, 1996) further postponed the effective date for the
rule requirements until October 6, 1996. The EPA has also issued an
indefinite stay of the standards specific to units managing wastes
produced by certain organic peroxide manufacturing processes (60 FR
50426, September 29, 1995).
On August 14, 1995, the EPA published a Federal Register document
entitled, ``Proposed rule; data availability'' (60 FR 41870) and opened
RCRA Docket F-95-CE3A-FFFFF to accept comments on revisions that the
EPA was considering for the final subpart CC standards. The EPA
accepted public comments on the appropriateness of these revisions
through October 13, 1995. Throughout 1995 and into the present year,
the EPA also engaged in repeated discussions with representatives of
the groups filing petitions for review challenging the subpart CC
standards.
Sixty-four comment letters were received by the EPA in response to
the August 14, 1995 notice of ``Proposed rule; data availability;'' the
commenters included companies affected by the rules, trade
associations, consulting companies, and one State environmental agency.
Most comment letters contained multiple comments. Comments generally
supported the proposed amendments although many offered specific
criticisms and suggested changes. The EPA considered all comments on
the proposed rule amendments in developing the final amendments
published today.
In the August 14, 1995 notice of ``Proposed rule; data
availability,'' the EPA requested comment on specific revisions to the
final subpart CC tank, surface impoundment, and container standards
that the EPA was considering. The notice identified those provisions of
the final rule that the revisions would potentially affect which
included the waste determination procedures, the standards (or
technical requirements) for tanks and containers, and the applicability
of the final standards to units that operate with air emission controls
in accordance with certain Clean Air Act standards. In addition, it was
noted that the revisions would reduce the monitoring, inspection,
recordkeeping, and reporting requirements for affected tanks, surface
impoundments, and containers.
To further inform the affected public of the major clarifications,
compliance options, and technical amendments
[[Page 59934]]
being considered, the EPA conducted a series of seminars during August
and September of 1995. A total of six seminars were held nationally.
(Refer to EPA RCRA Docket No. F-95-CE3A-FFFFF, Item No. F-95-CE3A-
S0017.) During these seminars, additional comments were received on the
RCRA air rules for tanks, surface impoundments, and containers. These
comments were also considered by the EPA in developing these
amendments.
On February 9, 1996, the EPA published a Federal Register notice
(61 FR 4903), ``Final rule; technical amendment,'' which made
clarifying amendments in the regulatory text of the final standards,
corrected typographical and grammatical errors, and clarified certain
language in the preamble to the final rule to better convey the EPA's
original intent.
Today's action amends provisions of the final subparts AA, BB, CC
rules to better convey the EPA's original intent, to provide additional
flexibility to owners and operators who must comply with the rules, and
to change the effective date of the requirements contained in the
subpart CC rules. The amendments to subparts AA, BB, and CC that are
being promulgated today are discussed below in various sections of this
preamble. Comments received on the proposed amendments and the EPA's
responses to those comments are also discussed together with the
changes being made by today's action. Some commenters submitted
comments on aspects of the original rule that were unaffected by, and
not reopened by the proposed amendments. These comments are outside the
scope of the rulemaking for the proposed amendments and, therefore,
these comments, although perhaps mentioned, are not addressed in this
rulemaking.
In today's amendments, certain sections of the subpart CC rules are
reprinted in total; this accounts, in large part, for the lengthy
amendatory language contained in today's amendments. Reprinting of
entire sections of the rule is being done for two reasons. First, some
sections of the rule have been entirely redrafted to improve
organizational structure and drafting clarity and to avoid ambiguity
while only making minor revisions to the basic control requirements of
the rule. Second, in other sections of the rule, the technical
requirements have been changed significantly or options added to
increase flexibility for the source owner or operator. Therefore, to
ensure the rule is implemented as intended and for the convenience of
the public, the EPA decided to reprint these entire sections. In doing
so it was not intended to completely reopen these entire sections of
the rule for judicial review or legal challenge. As provided by section
7006(a), judicial review is not newly available for aspects of the
subparts AA, BB, and CC rules that were already finalized more than 90
days ago, and which are not substantively addressed by today's
amendments.
The information presented in this preamble is organized as follows:
I. Subpart I--Use and Management of Containers and Subpart J--Tank
Systems
II. Subpart AA--Air Emission Standards for Process Vents: Standards
for closed-Vent Systems and Control Devices
III. Subpart BB--Air Emission Standards for Equipment Leaks
IV. Subpart CC--Air Emission Standards for Tanks, Surface
Impoundments, and Containers
A. Suspension of Subpart CC Rule Requirements
B. Retention of Final Compliance Date
C. Applicability
D. Definitions
E. Standards: General
F. Waste Determination Procedures
G. Standards: Tanks
H. Standards: Surface impoundments
I. Standards: Containers
J. Standards: Closed-Vent Systems and Control Devices
K. Inspection and Monitoring Requirements
L. Recordkeeping and Reporting Requirements
V. Administrative Requirements
A. Docket
B. Paperwork Reduction Act
C. Executive Order 12866 Review
D. Regulatory Flexibility Act
E. Unfunded Mandates
VI. Legal Authority
I. Subpart I--Use and Management of Containers and Subpart J--Tank
Systems
Under the existing RCRA regulations, hazardous waste generators who
accumulate waste on-site for up to 90 days in tanks and containers
(``90-day tanks and containers'' or ``90-day units'') may permissibly
do so without obtaining a storage permit provided the generator
complies with certain conditions specified in 40 CFR 262.34(a). The
conditions include compliance with the requirements of 40 CFR part 265,
subpart I when the waste is accumulated in a container and 40 CFR part
265, subpart J when the waste is accumulated in a tank.
The subpart CC regulations proposed by the EPA on July 22, 1991 (56
FR 33491) contained provisions to amend the conditions with which a
hazardous waste generator must comply to exempt 90-day tanks and
containers from RCRA subtitle C permitting requirements, namely to
comply with standards set out in subparts AA, BB, CC applicable to
tanks and containers. The EPA took comments on this proposed action and
responded to those comments in (among other places) the preamble to the
1994 final subpart CC regulations. The 1994 final rules regarding 90-
day tanks and containers were the same as those proposed.
As noted in Section VI.D of the preamble to the 1994 final subpart
CC RCRA air rules (59 FR 62910, December 6, 1994), the organic air
emissions from 90-day tanks and containers are sufficient to have an
adverse and significant effect upon human health and the environment
and therefore ``led the EPA to require that these units comply with the
appropriate air emission control requirements of the subpart AA, BB,
and CC standards to maintain an exemption from permitting.''
Commenters requested that EPA clarify precisely when 90-day units
are subject to the subpart AA, BB, and CC standards, and, in a related
question, requested clarification as to when these rules would apply to
units that are engaged in recycling. With respect to when the subpart
AA, BB, and CC rules apply to 90-day units that are not recycling units
(for example, tanks or containers that store hazardous waste before
recycling), the EPA intends that the subpart AA, BB, or CC standards
apply so long as the substantive applicability provisions of one or
more of these subparts is satisfied. This means, for example, that if
the 90-day units are receiving hazardous waste with organic
concentrations of at least 10 per cent by weight, the subpart BB
standards would apply to the associated equipment components; on the
other hand, if the units only receive hazardous waste below this
applicability threshold, the subpart BB requirements would not apply
(see Sec. 265.1050(b)). Similarly, the subpart CC air emission control
requirements would apply to a 90-day tank or container if the owner or
operator does not demonstrate that the hazardous waste stored in the
unit contains average volatile organic concentrations below 500 ppmw.
It should be noted that the fact that one of these subparts applies
does not automatically mean that the others apply as well. Thus, for
example, if a generator manages hazardous waste with organic
concentration of 500 ppmw in a tank
[[Page 59935]]
equipped with an open-ended valve, the unit would be subject to the
subpart CC standards (See Sec. 265.1080(a)). This does not mean that
the open-ended valve is also automatically subject to the subpart BB
standards; rather, the respective applicability section of those
provisions would have to be satisfied before they would apply.
The EPA notes further, however, that the applicability of the
subpart AA and BB standards, prior to publication of the final subpart
CC rule in December 1994, was conditioned on there being another unit
at the facility otherwise requiring a RCRA permit--the notion being
that the subpart AA and BB rules by themselves would not require a
facility to obtain a RCRA permit (see Section V of the preamble in 55
FR 25449, June 21, 1990, and Secs. 265.1030(b)(2) and
265.1050(b)(2)).1 This consideration does not apply to 90-day
units, since these units are not subject to RCRA permitting
requirements in any case. In addition, the risks posed by these units
is the same whether or not another unit at the plant has received a
RCRA permit; the EPA evaluated and discussed these risks when
promulgating the December 1994 final rule and found that substantive
controls were necessary to protect human health and the environment.
See 59 FR at 62910 and also Appendix L, 90-Day Tanks and Container
Impacts, in ``Hazardous Waste TSDF--Background Information for Proposed
RCRA Air Emission Standards'' (EPA-450/3-89-023c), June 1991.
Consequently, subparts AA and BB apply to 90-day tanks and containers
whether or not another unit at the facility has to obtain a RCRA permit
(assuming the other applicability criteria in the rule are satisfied,
as explained above). For this purpose, the EPA does not consider a
recycling unit which is exempt from permitting under 40 CFR 261.6(c) to
be a 90-day tank or container. The EPA is adding clarifying language as
a part of today's rule amendments to make clear that applicability of
subparts AA and BB to 90-day units is not conditioned on another unit
at the generator's facility obtaining a RCRA permit.
---------------------------------------------------------------------------
\1\ The subpart CC rules are not so conditioned.
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With respect to the commenters' questions regarding applicability
of the subpart AA, BB, CC rules to recycling units (i.e., units
actually performing the recycling function, such as a solvent
distillation column), EPA notes the following principles. The revised
applicability sections to subparts AA and BB state that units that have
permit exempt status by virtue of 40 CFR 262.34, including recycling
units, will now be subject to subparts AA and BB. In practice, the EPA
does not believe that this will include many, if any, recycling units.
This is because such units typically are exempt from RCRA permitting by
virtue of 40 CFR 261.61(c)(1). Thus, the net effect of these
amendments, with respect to recycling units, is to preserve the status
quo of regulating those units which are located at a facility which
must obtain a RCRA permit for some other unit.
In addition, subpart CC does not apply to recycling units. Section
261.6(d), Requirements for recyclable materials, for example, does not
indicate that recycling units must comply with the subpart CC
provisions. The reason these provisions do not apply is that the
standards are not normally appropriate for recycling units handling
volatile hazardous wastes; rather, the subpart AA standards are the
appropriate standards. The emission mechanisms for traditional
hazardous waste storage tanks (e.g. circular above-ground units with
open tops or covered open tops) differ significantly from the emission
mechanism of the distillation-type unit used for recycling and certain
treatment operations (e.g. air strippers and thin-film evaporators)
regulated under subpart AA. Recycling units typically emit air
pollutants through some type of process vent, and consequently are
controlled under the subpart AA process vent standards. The
suppression-type controls (e.g. covers) prescribed for traditional
storage and treatment tanks in subpart CC simply are not suitable for
most distillation-type units.
Finally, EPA is slightly amending the applicability sections of
subparts AA and BB to make clear that these standards can apply to non-
recycling units that are located at either TSDF sites or generator
accumulation sites, assuming that the units otherwise satisfy the
subpart AA or BB applicability requirements. Thus, for example, a steam
stripper engaged in conventional hazardous waste treatment at a
permitted TSDF could be subject to the subpart AA standards. The risks
posed by the types of units enumerated in subparts AA and BB are the
same, whether or not they are recycling or non-recycling units, so any
distinction between them is unfounded. In fact, today's language merely
clarifies the coverage of the existing subpart AA and BB rules, since
those rules already cover all units (i.e. recycling and non-recycling)
that are subject to the permitting requirements of part 270, and thus
covers non-recycling units.
The following examples illustrate these principles.
1. Generator A stores volatile spent solvents (F001) in 90 day
tanks before recycling them in an on-site distillation column. The
facility has one other unit requiring a RCRA permit. The volatile
organic concentration of the waste exceeds the subpart AA, BB and CC
applicability thresholds.
In this case, the 90-day storage tanks and associated equipment
components are subject to the subpart BB and subpart CC standards,
since the substantive applicability standards of both subparts are
satisfied. Subpart AA does not apply to the spent solvent storage tanks
(assuming the tanks are not distillation, fractionation, thin-film
evaporation or other type of unit set out in Sec. 265.1030(b), the
subpart AA applicability section). The distillation column (and its
associated equipment) is subject to the subpart AA and BB standards,
but not the subpart CC standards since subpart CC does not apply to
recycling units.
2. Same facts as Example 1 except that the waste contains less than
10 percent total organics and greater than 500 ppmw volatile organics.
In this case, the spent solvent storage tank is subject to the
subpart CC standards but the associated equipment components are not
subject to the subpart BB standards (since subpart BB does not apply to
hazardous wastes with less than 10 percent total organic content). The
distillation column is subject to the subpart AA standards for the
reasons explained in Example 1. This example illustrates that
applicability of one of the subparts (AA, BB, or CC) does not
automatically mean that the standards from the other subparts also
apply. The substantive applicability provisions of each subpart still
must be satisfied.
II. Subpart AA--Air Emission Standards for Process Vents: Standards for
Closed-Vent Systems and Control Devices
On the subject of closed-vent systems and control devices,
commenters requested a provision for control device downtime to allow
for preventive, routine, or non-routine maintenance; an exemption for
control devices subject to 95 percent efficiency requirements in other
rules from performance test and design analysis requirements; an
exemption from monitoring requirements for closed-vent system
components that operate under negative pressure; a revision such that
only spent carbon removed from a carbon adsorption system that is a
hazardous waste must be managed in accordance with subpart CC
requirements; and a reduction in the closed-vent system and
[[Page 59936]]
control device inspection and monitoring requirements.
The EPA has decided to amend certain of the control device and
closed-vent system standards of subpart AA in 40 CFR parts 264 and 265
so that these requirements are consistent and up-to-date with the
general decisions the EPA has made regarding inspection, monitoring,
maintenance, repair, malfunctions, recordkeeping, and reporting
requirements for organic air emission control devices and associated
closed-vent systems installed and operated to meet requirements of
other regulations under the Clean Air Act or RCRA (e.g., National
Emission Standards for Hazardous Air Pollutants: Off-Site Waste and
Recovery Operations, 61 FR 34140, July 1, 1996). These revisions are
both consistent with the integration provisions of RCRA Section
1006(b), which require that RCRA standards be consistent and not
duplicative of Clean Air Act standards, and also are a part of the
EPA's overall approach of allowing unit-specific Clean Air Act
standards to be used in lieu of control requirements under RCRA subpart
CC. (See Sec. 265.1080(b)(7) in today's amended rule.) The changes to
the control device and closed-vent system standards in no way affect
the overall performance or emission reductions achieved by the control
devices and closed-vent systems. Therefore, the revised standards are
considered by the EPA to be equally protective to those already
adopted, and thus adequate to protect human health and the environment.
The revisions to the standards for closed-vent systems and control
devices in subpart AA of 40 CFR parts 265 and 264 include the changes
described below.
The monitoring requirement for a condenser in
Sec. 264.1033(f)(2)(vi)(B) and Sec. 265.1033(f)(2)(vi)(B) is being
revised such that only the temperature of the exhaust vent stream from
the condenser exit must be continuously monitored; the requirement to
monitor the coolant fluid temperature exiting the condenser is being
dropped. This revision reduces the owner's or operator's monitoring and
recordkeeping burden while maintaining the EPA's ability to ensure that
the emission control equipment is properly operated and maintained to
achieve the required emission reduction.
The closed-vent system requirements in Sec. 264.1033 and
Sec. 265.1033 are being revised such that a closed-vent system that is
designed to operate at a pressure below atmospheric pressure is not
required to be monitored by Method 21 procedures either initially or
annually. For these negative pressure systems, an initial visual
inspection and annual follow-on inspection is required; in addition, a
pressure gauge or other pressure measurement device is required to
verify that negative pressure is maintained in the closed-vent system
when the control device is operating. As noted in section 10 of the
preamble to the earlier subpart CC rule clarifications (61 FR 4910,
February 9, 1996), ``the EPA had intended to not require annual
monitoring of closed-vent system components which operate under
pressure such that all emissions are routed to a control device even if
a leak or hole exists in the component. A component that continuously
operates under negative pressure would satisfy this intent * * *'' In
today's action, the EPA is removing the requirement for the initial
leak detection monitoring for negative pressure systems; this change
reduces owner or operator burden resulting from any redundant or non-
productive monitoring.
Unsafe-to-monitor and delay of repair provisions for closed-vent
systems are being added. Corresponding recordkeeping requirements also
are being added. This common sense change is made to avoid creating any
unsafe conditions as a result of the monitoring requirements of subpart
AA, Sec. 264.1033 and Sec. 265.1033. This revision adds the same type
of unsafe-to-monitor and delay of repair provisions that are contained
for pumps and valves in the subpart BB--Air Emission Standards for
Equipment Leaks as well as in other equipment leak standards
promulgated under the Clean Air Act.
On April 23, 1996, the EPA published a notice of data availability
(61 FR 17863) addressing the narrow issue of whether ``Other Thermal
Treatment Facilities'' subject to regulation under subpart P of part
265 (40 CFR 265.370 through 265.383) are eligible to receive for
regeneration spent activated carbon which is a hazardous waste. In the
December 6, 1994 final subpart CC standards (59 FR 62896), the EPA
established a requirement that spent activated carbon removed from a
control device had to be managed at particular types of facilities,
namely regulated boilers or industrial furnaces, or ``thermal treatment
units that (are) permitted under subpart X of 40 CFR part 264 or
subpart P of (part 265).'' See 40 CFR 265.1033(l)(1) as promulgated at
59 FR 62935 (December 6, 1994). A parallel requirement was contained in
40 CFR 264.1033(m), but no reference to subpart P was included (59 FR
62927). In the February 9, 1996 technical correction notice, the EPA
amended these provisions to clarify that they apply only to activated
carbon which is a hazardous waste, and that interim status boilers and
industrial furnaces which had certified compliance and interim status
incinerators could treat such activated carbon. (See 61 FR 4910, 4911,
and 4913.) In doing so, the EPA removed the reference to subpart P
facilities in Sec. 265.1033(l)(1), thus removing such facilities from
eligibility to receive hazardous waste spent activated carbon.
As a part of today's amendments, EPA is restoring the eligibility
of subpart P facilities to treat hazardous waste spent activated
carbon. So long as the hazardous waste spent activated carbon is
managed safely by such facilities, there is no automatic reason to
preclude such facilities' eligibility to manage the spent carbon.
However, because the subpart P standards do not contain substantive air
emission control provisions that assure that any hazardous organic
constituents desorbed from the carbon are adequately controlled rather
than emitted to the atmosphere during regeneration or other treatment,
the EPA is requiring that units receiving such hazardous wastes meet
the control requirements of the subpart CC rules or are units which are
subject to emission control requirements under 40 CFR part 61 or part
63. With respect to this last point, this means that the actual unit
must meet a part 61 or 63 control standard for hazardous air
pollutants. If the standard is no control or if compliance with the
standard is determined on a plant-wide (viz. averaging among units)
basis, then it could not be used in place of the subpart CC standards.
It should be noted that the EPA is imposing this requirement
regardless of the organic content of the carbon being regenerated, so
long as the activated carbon is a hazardous waste. This is because the
purpose of the carbon is to capture organic emissions, and it is the
Agency's judgment that in light of this purpose, the carbon will be
saturated with organics which would need to be captured or destroyed
and not released indiscriminately during the regeneration process (see
56 FR 7200, February 21, 1991).
Finally, in order to assure maximum flexibility for protective
compliance, the EPA is adding that permitted facilities (i.e., Part 264
facilities) complying with either the subpart CC standards, or a part
61 or 63 Clean Air Act standard, are also eligible to receive spent
carbon (which is a hazardous waste) for regeneration. Such facilities
certainly would be operating protectively and so should be eligible to
receive spent carbon. The EPA notes, however, that this provision may
be redundant in light
[[Page 59937]]
of the provision in the existing rule stating that units which have
received a subpart X permit are eligible to receive such activated
carbon (Sec. 265.1033(m)(1)(i)), but commenters indicated a preference
for this clarification of eligibility. In order that there be no
confusion, the EPA is adding it to the final rule.
III. Subpart BB--Air Emission Standards for Equipment Leaks
Commenters requested that the EPA incorporate into the subpart BB
standards recent changes that have been made to other national
standards that require equipment leak detection and repair programs. In
response, revisions to the emission standards for equipment leaks
consist of incorporating changes to the requirements so that the
subpart BB requirements in parts 264 and 265 are consistent and up-to-
date with the general decisions the EPA has made regarding leak
detection and repair program requirements for organic air emission
control in other regulations under the Clean Air Act (e.g., National
Emission Standards for Hazardous Air Pollutants (NESHAP): Off-Site
Waste and Recovery Operations, 61 FR 34140, July 1, 1996, or the
National Emission Standards for Organic Hazardous Air Pollutants for
Equipment Leaks, 40 CFR part 63, subpart H, 59 FR 19402, April 22,
1994, i.e., the HON). These revisions are consistent with the
integration provisions of RCRA Section 1006(b) which require that RCRA
standards be consistent and not duplicative of Clean Air Act Standards
and are a part of the EPA's overall approach of allowing Clean Air Act
standards to be used in lieu of control requirements under RCRA TSDF
air rules. The changes to the subpart BB equipment leak standards in no
way affect the overall performance or emission reductions achieved.
Therefore, the revised standards are considered by the EPA to be
equally protective as those being replaced. The revisions to the
standards for equipment leaks in subpart BB of 40 CFR parts 265 and 264
include the changes described below.
The applicability provisions of subpart BB (Sec. 264.1050 and
Sec. 265.1050) are revised to exclude equipment that contains or
contacts affected hazardous waste for a period of less than 300 hours
per calendar year from the equipment leak control requirements. This
change parallels the applicability provisions in the Hazardous Organic
National Emission Standard for Hazardous Air Pollutants (``HON'').
(Supporting information for this decision is contained in the CAA
docket A-90-20, item II-B-5.)
The sampling connection system requirements of subpart BB are being
revised consistent with the HON such that gases displaced during
filling of the sample container are not required to be collected or
captured. In the context of the HON, EPA explained that it was not
necessary to require control of those vapors. Also, the requirement for
no detectable emissions to the atmosphere during return of the purged
hazardous waste stream to the hazardous waste management process line,
or during collection and recycling of the purged hazardous waste, is
being eliminated. Upon further review, the EPA has determined that the
emissions from these extremely small amounts of hazardous waste can be
adequately controlled if the owner or operator stores the sample waste
in a covered container, and ensures it is treated or disposed in a
manner consistent with the requirements for the waste stream from which
it was extracted.
Under today's amendments, any connector that is inaccessible or is
ceramic or ceramic-lined is exempt from the monitoring and
recordkeeping requirements of subpart BB as is the case in recent EPA
rules such as the HON. (See Section VI.C of the HON preamble for
further discussion regarding the rationale for these changes to EPA's
equipment leak standards, 59 FR 19445, April 22, 1994)
IV. Subpart CC--Air Emission Standards for Tanks, Surface Impoundments,
and Containers
A. Suspension of Subpart CC Rule Requirements
Today's rule is being signed on October 4, 1996, and the
substantive requirements of the rule take effect on December 6, 1996.
The EPA is clarifying here that, for all practical purposes, December
6, 1996, is the effective date of the rule. The EPA is further
clarifying that the December 6, 1994, rule, which was stayed until
October 6, 1996, is not taking effect during the two months between
October 6, 1996, and December 6, 1996, the reason being that it is
superseded by these October 4, 1996, amendments.
To accomplish this result, the EPA is indicating (in the DATES
block of this Federal Register document), that the applicability and
implementation of Subpart CC of Parts 264 and 265 is suspended until
December 6, 1996. The result, as just stated, is that: (1) The December
1994 rules are replaced by the amended rules as of October 4, 1996; and
(2) members of the regulated community are not subject to any of the
requirements in the October 4, 1996, amended rule between October 4,
1996, and December 6, 1996.
The EPA specified in the 1994 final rule a schedule that
established the compliance dates by which different requirements of the
final rule must be met. These requirements and compliance dates (all of
which are December 6, 1996, or later) are explained further in the
final rule (59 FR 62896, December 6, 1994) under SUPPLEMENTARY
INFORMATION. Today's amendments do not change the dates by which
compliance with all the requirements must be achieved. Thus, all
compliance dates for the final rule, as amended today, remain as
published in the 1994 final rule (59 FR 62896).
Given that the EPA is amending the rule in ways that would increase
compliance flexibility and reduce certain regulatory requirements (and
in no cases would increase the stringency of the standards or eliminate
a previously existing compliance option), the EPA considers it
appropriate to suspend the requirements that became effective October
6, 1996, for two months to December 6, 1996. By December 6, 1996,
affected sources will have had ample time to make any necessary
alterations to their compliance plans in response to today's
amendments. Affected sources have been on notice of the final
regulations since they were published in December 1994. The EPA expects
that by early 1995, most facilities had begun preparing their
implementation strategies and planning for any necessary equipment
modifications, in anticipation of the originally scheduled
implementation date of June 6, 1995. Thus, the EPA considers a two-
month suspension to provide sufficient time for affected facilities to
become familiar with the revised requirements contained in the amended
standards, and to make any necessary revisions to their implementation
strategies.
B. Retention of Final Compliance Date
The December 6, 1994 published rule set a final compliance date of
December 8, 1997, by which time all required air emission control
equipment must be operating (59 FR 62897). The EPA does not believe
that suspending the rule requirements necessitates any postponement of
the December 8, 1997 compliance date. The final compliance date was
chosen to allow time for facility modifications that may be involved in
the compliance approach of certain facilities. The EPA believes that,
for many air emission control applications, the required control
devices can be installed and in operation within several months.
[[Page 59938]]
However, the EPA agrees that under some circumstances, the owner's or
operator's approach to complying with the air emission control
requirements under the subpart CC standards may involve a major design
and construction project which requires a longer time to complete. In
recognition of these cases, the EPA decided that it is reasonable to
allow up to December 8, 1997, for affected facilities to install and
begin operation of air emission controls required by the subpart CC
standards (See Hazardous Waste TSDF Background Information Document for
Promulgated Organic Air Emission Standards, EPA-453/R-94-076b, page 9-
7).
The final rule requirements that may necessitate a major
modification, as described above, for tanks are paragraphs (b) through
(d) of 40 CFR 264.1084 and 265.1085. These paragraphs specify air
emission control equipment that must be operated on tanks receiving
affected hazardous waste. Similarly, the requirements that may
necessitate such a major modification for surface impoundments are
paragraphs (b) through (e) of 40 CFR 264.1085 and 265.1086. These
paragraphs specify air emission control equipment that must be operated
on surface impoundments receiving affected hazardous waste. To comply
with these requirements for tanks and surface impoundments, facilities
may choose to construct new hazardous waste management units to replace
existing units, or may choose to modify existing hazardous waste
management units. Examples of facility equipment modifications that
could require an extended period of compliance would be replacing a
large open surface impoundment with a series of covered tanks, or
fitting an existing open tank with a fixed roof vented to a control
device. The EPA recognizes that such major modifications or new
construction can require several months or more, and therefore allows
until December 8, 1997, for facilities to comply with the air emission
control requirements of the final subpart CC standards.
In addition, certain States may require that a facility obtain a
permit modification prior to performing a major modification such as
those described above. The EPA recognizes that such a permit
modification can be a lengthy process, and therefore felt it was
appropriate to afford an extended compliance period to allow such
modifications to be obtained (59 FR 62919). The EPA does not expect
that such a lengthy period of implementation would be required in
circumstances other than those described above, although
Sec. 264.1082(c) allows that such a period is available if necessary.
The final rule provisions that justified a compliance date of
December 8, 1997, are not among those that are affected by the
revisions being made under today's action. Specifically, the EPA is not
considering either a broader applicability or more stringent control
requirements for covers and air emission controls on tanks and surface
impoundments. All affected facilities thus have been on notice of the
final rule air emission control requirements for these units since the
final CC rule publication on December 6, 1994. Therefore, the EPA does
not consider it appropriate to postpone the compliance date of December
8, 1997, by which all required air emission control equipment must be
operating.
It should be noted that the Regional Administrator may elect to
extend the implementation date for control equipment at a facility, on
a case by case basis, to a date later than December 8, 1997, when
special circumstances that are beyond the facility owner's or
operator's control delay installation or operation of control equipment
and the owner or operator has made all reasonable and prudent attempts
to comply with the requirements of the subpart CC rules (see
Sec. 265.1082).
C. Applicability
Numerous comments were received concerning overlap between the RCRA
subpart CC rules and Clean Air Act NESHAP, particularly the HON. Most
commenters argued that subpart CC requirements should not apply to
units, either 90-day generators or TSDF, meeting Clean Air Act control
requirements, including units meeting standards through emissions
averaging.
The EPA fully recognizes that in developing air standards to meet
congressional directives established by provisions in the Clean Air Act
and Resource Conservation and Recovery Act, the potential exists for
regulatory overlap. However, it is the EPA's intention to minimize, if
not eliminate, regulatory overlap to the extent that the Agency is
allowed under the different legislative acts. Section 1006(b) of RCRA
indeed requires that the air standards be consistent with and not
duplicative of Clean Air Act standards. Similarly, the Clean Air Act
voices a strong preference for consistency of CAA section 112 standards
and RCRA standards where practicable (see section 112(n)(7)).
The EPA is aware that at some sites managing hazardous wastes, the
owner or operator of the hazardous waste treatment, storage, and
disposal facility could be subject to the RCRA air rules under subparts
AA, BB, and CC and also subject to a Clean Air Act NESHAP standard such
as the Off-Site Waste rule or the HON. At a particular TSDF, some waste
management units may be required to use air emission controls under one
or the other, but not both, a Clean Air Act NESHAP and the RCRA air
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 duplicative sets of records,
or perform other duplicative actions.
In Section VI.A, Development of Air Standards Under RCRA, of the
preamble to the final rule (59 FR 62906, December 6, 1994), the EPA
discussed the potential for duplication between the RCRA air rules and
various rules being developed under the Clean Air Act maximum
achievable control technology (MACT) program but noted that the air
standards developed under RCRA section 3004(n) did not duplicate or
contradict existing NESHAP or new source performance standards (NSPS).
As the MACT program has matured and additional standards have been
developed, the EPA is now aware that the possibility for overlap is
greater than was originally thought.
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 applicable
Clean Air Act NESHAP or NSPS regulations. Therefore, the subpart CC
applicability is amended to exempt any hazardous waste management unit
that the owner or operator certifies is equipped with and operating air
emission controls in accordance with an applicable Clean Air Act
regulation codified under 40 CFR part 60, part 61, or part 63, with the
sole exception of tanks being controlled through the use of an
enclosure rather than a cover. (The EPA's rationale for placing
additional conditions on that control approach is explained in detail
in sections E and G of this preamble.) Providing this exemption
eliminates the possibility of duplicative or conflicting requirements
for those TSDF tanks, surface impoundments, or containers using organic
emission controls in compliance with a NESHAP but also subject to
requirements under the RCRA standards. It is important to note that
this exemption only applies to those
[[Page 59939]]
units using organic air emission controls. This seems to EPA to be the
best way to assure that air emissions from hazardous waste management
units are controlled to the extent necessary to protect human health
and the environment. A unit that does not use the required air emission
controls but is in compliance with a NESHAP through an ``emission
averaging'' or ``bubbling'' provision does not qualify for the
exemption since EPA lacks assurance that emissions from the unit are
controlled to the extent necessary to protect human health and the
environment.2
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\2\ EPA believes it is both reasonable and legally permissible
to interpret section 3004(n) to apply to specific waste management
units. Section 3004(n) addresses specific unit types (``open tanks,
surface impoundments, and landfills''), and the overarching
requirement to control air emissions at hazardous waste management
``facilities'' can reasonably be construed as applying to individual
units. See Mobil Oil Corp. v. EPA, 871 F. 2d 149, 152-54 (D.C. Cir.
1989). On the other hand, ``facilities'' might also be construed to
apply to an entire plant, id. at 153. Consequently, EPA is not
indicating by the discussion in the text that an averaging approach
is legally foreclosed. Certain types of site-specific
demonstrations, for example, might indicate the appropriateness of
an averaging approach to demonstrating that air emissions from
hazardous waste management are sufficiently controlled. In such a
situation, EPA could interpret the term ``facility'' as applying to
an entire plant. What EPA is finding in this rule is that for this
national rule (i.e., in the absence of potential case-specific
demonstrations), the best way of assuring that emissions from
hazardous waste tanks, containers, and impoundments are sufficiently
controlled is to require control of each particular unit.
---------------------------------------------------------------------------
Similarly, if the Clean Air Act standard for the particular unit is
no control (for example, because the MACT floor for the source category
is no control and the Agency decided not to apply controls more
stringent than the floor), the exemption from the RCRA standards would
not apply since the unit would not actually be controlled under
provisions of the MACT standard. Again, as stated above, the EPA
believes the best way to assure protectiveness in this national rule is
to require controls on each particular unit.
Section 3004(n) of RCRA, of course, requires that EPA control
emissions from (among other things) tanks, surface impoundments, and
containers as may be necessary to protect human health and the
environment. Some of the Clean Air Act standards, in contrast, are
technology-based controls implementing the provisions of section 112(d)
of the Clean Air Act. The EPA, however, has found that under some
circumstances a technology-based standard may satisfy the RCRA
protectiveness requirement by adequately controlling air emissions and
thus adequately controlling risk or controlling risk sufficiently that
the Clean Air Act section 112(f) residual risk process need not be
interdicted. See 60 FR at 32593 (June 23, 1995), the preamble for final
MACT standards for the secondary lead source category, and 61 FR at
17369-370 (April 19, 1996), the preamble for proposed MACT standards
for hazardous waste combustion units.
The EPA is finding here that where there are MACT air emission
control requirements for a specific unit otherwise covered by subpart
CC, the MACT requires the same technical air emission controls as would
be required under subpart CC. Thus, it follows that compliance with the
MACT requirements would thus afford equal protectiveness as would be
achieved under subpart CC, and therefore can be considered to satisfy
the RCRA protectiveness requirements. This is a conscious effort on the
Agency's part to provide consistency of requirements where at all
possible in its rulemakings.3
---------------------------------------------------------------------------
\3\ For example, EPA, in promulgating the final requirements for
the Off-Site Waste and Recovery Operations NESHAP (61 FR 34147, July
1, 1996), added a series of new subparts to 40 CFR part 63. These
subparts included 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. These standards are
essentially identical to the requirements for tanks, containers, and
impoundments found in the RCRA subpart CC rule under discussion in
this notice.
The EPA set out at length in the Off-Site Waste rule preamble
(59 FR 62908) the Agency's goal as to integration of these various
air standards, ``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.''
``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.''
---------------------------------------------------------------------------
The technical requirements for the RCRA air rules in subpart CC as
amended are essentially the same as those published by the EPA under
the MACT program (e.g., those in subparts OO, PP, and QQ of part 63). A
unit controlled under one or the other set of requirements would
achieve the same emission reduction and performance level; and the
various requirements thus provide the same level of protection.
D. Definitions
Definitions are being added for closure device, continuous seal,
enclosure, hard-piping, in light material service, malfunction,
metallic shoe seal, no detectable organic emissions, safety device, and
single-seal system and other definitions are being revised consistent
with their use in the amended regulation. These amended or added
definitions do not directly affect the substance of the subpart CC
standards, but rather, serve to clarify the 1994 final provisions, or
today's amended provisions, of the final regulations.
E. Standards: General
1. Action Level
Several major changes are being made to the general standards for
the final subpart CC rule. First, the average VO concentration action
level for hazardous waste required to be managed in the units using air
emission controls under the rule is being changed to 500 ppmw (as
determined at the point of waste origination). Units managing hazardous
wastes determined by the owner or operator to have average VO
concentrations that remain less than 500 ppmw are not required to use
air emission controls under the rule.
The EPA considered a range of possible values to establish the VO
concentration limit for the Subpart CC RCRA air rules. The EPA proposed
a VO concentration value of 500 ppmw to be used as the action level for
the rule (56 FR 33491, July 22, 1991) and promulgated an action level
of 100 ppmw in the 1994 final subpart CC rule (59 FR 62897). However,
in promulgating this value, the EPA acknowledged that some hazardous
waste management units subject to the subpart CC RCRA air rules could
be subject to other Clean Air Act NESHAP and NSPS with differing action
levels (59 FR 62903, 62906, and 62907).
The EPA received comments in response to the August 14, 1995
Federal Register notice, stating that the 100 ppmw VO concentration
action level promulgated by the EPA for the subpart CC RCRA air rules
is inappropriate (e.g., the action level cannot be justified on the
basis of risk and the action level is too close to the detection limit
of method 25D; this results in numerous waste determination errors such
as false positives) and is inconsistent with other applicable Clean Air
Act NSPS and NESHAP (i.e, the Off-Site Waste rule,
[[Page 59940]]
the HON, and the proposed new source performance standard (NSPS) for
volatile organic compound emissions from the synthetic organic chemical
manufacturing industry wastewater (59 FR 46780, September 12, 1994),
all apply to wastes and/or wastewaters and all have higher action
levels). The commenters recommended that the EPA select a higher action
level of 500 ppmw for the rule, consistent with the above noted Clean
Air Act rules.
The EPA considered the comments received regarding the action
level, other revisions being considered for the final subpart CC RCRA
air rules, and changes that the EPA anticipates making for other waste
and wastewater related rules. The EPA concluded that a reexamination of
the action level determination was appropriate. Based on consideration
of the information available to the Agency regarding emissions from
hazardous waste management TSDF operations, the EPA has concluded that
an average VO concentration value of 500 ppmw is reasonable and
accomplishes an adequate general level of protection, as compared with
the 100 ppmw action level of the 1994 published rule. As was discussed
in Section V.C. of the preamble published on December 6, 1994 (59 FR
62905), all five of the control options considered for the final rule
are estimated to achieve similar levels of substantial reductions in
nationwide organic emissions from TSDF and in annual cancer incidence.
Under the new action level of 500 ppmw, the MIR for most of the 2,300
TSDF nationwide are estimated to be below the target MIR range of
between 1 x 10-4 and 1 x 10-6.
Thus, while the action levels at 100 ppmw and 500 ppmw are not
equally protective of human health and the environment to the extent
ascertainable by the modeling methodology used, these action levels do
achieve the same general range of protection and were in the zone of
reasonable values being considered by EPA for selection as the action
level for the final rule. After further consideration, the EPA has
concluded that the degree of incremental risk reduction at the 500 ppmw
action level is so small as to not warrant the inconsistency and
attendant disruption with other air rules applicable to hazardous waste
TSDF. This incremental risk reduction is made less relevant by the fact
that the EPA has already stated in the preamble to the final rule (59
FR 62905) that (even at the 100 ppmw action level), ``the EPA is
further evaluating the waste management practices and the specific
chemical compounds composing the organic emissions from those
individual TSDF for which the MIR values are estimated to be greater
than the historical RCRA target MIR levels. Following this evaluation,
the EPA will determine what other actions, such as the use of section
3005(c)(3) omnibus permitting authority or additional rulemaking, are
necessary to attain the health-based goals of RCRA section 3004(n).''
2. Treatment Alternatives
The treatment alternatives in the General Standards (Sec. 264.1083
and Sec. 265.1083) are being revised where appropriate to reflect the
new action level of 500 ppmw. The treatment alternatives contained in
the General Standards of the subpart CC RCRA air rules provide owners
or operators with a selection of alternative provisions for determining
when a treated hazardous waste is no longer required to be managed in
units meeting the air emission control requirements of the rule. The
alternatives contained in the final CC rules published December 6, 1994
are being revised as a result of the change in the action level. The
volatile organic concentration criteria contained in some of the
alternatives are being revised upward to reflect the higher action
level of 500 ppmw. Additional alternatives also are being added to the
rule to provide greater flexibility to the owner or operator in the
treatment of hazardous waste. The changes being made to the General
Standards by today's action are described below.
For the treatment option that requires an organic reduction
efficiency for the process of at least 95 percent and an average VO
concentration of the waste at the point of waste treatment of less than
50 ppmw (Sec. 264.1082(c)(2)(ii)), the criteria for the average VO
concentration of the treated waste is raised to 100 ppmw in direct
response to the change in the action level. The value of 50 ppmw was
chosen for the 1994 final rule to provide some added level of
demonstration that co-mingled wastes streams had achieved a level of
organic reduction through treatment, rather than through dilution (see
59 FR 62915, December 6, 1994). The selection of 50 ppmw in the 1994
final rule guaranteed that hazardous waste streams with VO
concentrations of 2,000 ppmw or less at their point of waste
origination were being reduced by 95% organics through treatment, as
opposed to dilution. For today's final rule, EPA considers it
appropriate to modify that 50 ppmw value to be 100 ppmw. In part, EPA
is making this modification in response to comments that the value of
50 ppmw was too close to the level of detection for the test method
25D, and was therefore a very difficult and costly demonstration for
the facility. After further consideration, the EPA feels that an exit
concentration value of 100 ppmw is much less difficult and costly for a
facility to make. Further, when combined with the revised action level
of 500 ppmw for the overall rule, an exit value of 100 ppmw will ensure
that the majority of hazardous waste streams are achieving the 95%
reduction through treatment, as opposed to dilution that may occur
through commingling.
For the treatment option that allows mixed hazardous waste to be
treated by an organic destruction or removal process that reduces the
VO concentration of the hazardous waste to meet a site-specific
treatment process exit concentration limit (Sec. 264.1082(c)(2)(v));
the requirement that only hazardous waste enter the process is being
removed. The exit concentration limit is being revised to be the lowest
average VO concentration at the point of waste origination for each
individual waste stream entering the process or 500 ppmw, whichever
value is lower (this latter change is consistent with the revised
action level for the standards also contained in today's action). Upon
evaluation of this option, the EPA agreed with commenters that making
these revisions will allow operators to use this option with a greater
number of waste management systems, while still ensuring that
reductions in VO concentrations are achieved through organic treatment
or removal, as opposed to dilution.
A treatment option (Sec. 264.1082(c)(2)(vi)) is being added that
requires an organic reduction efficiency for the process equal to or
greater than 95 percent, and the average VO concentration of each
individual waste stream entering the process is certified by the owner
or operator to be less than 10,000 ppmw at the point of waste
origination. This option is being added in response to commenters'
concerns that many waste treatment operations have a multitude of waste
streams being co-mingled early in the treatment process, and it would
be infeasible for an operator to evaluate each waste stream. Further,
the commenters stated that for these same treatment systems, the
concentration of the hazardous waste streams at their point of waste
origination is relatively low (e.g. 600 ppmw), and the exit
concentration that would be required to demonstrate a 95% removal
efficiency (in this example 30 ppmw) is below the level of detection of
many organic test methods. Therefore, the EPA considered it reasonable
to allow the owner or
[[Page 59941]]
operator to document the 95% organic removal efficiency of the control
device, and certify that no waste streams greater than 10,000 ppmw at
their point of origination were entering the centralized treatment
process. The EPA chose the upper value of 10,000 ppmw because any waste
stream with less than 10,000 volatile organic concentration, when
treated with a 95% efficient organic control device, would be reduced
to below 500 ppmw (and thus would not require further control under the
subpart CC regulations. The EPA considers the combination of these two
criteria (95% efficient organic control device, and waste streams below
10,000 ppmw VO concentration at their point of waste origination) to be
adequate to ensure that any waste stream entering the treatment process
is adequately treated for the purpose of the subpart CC standards.
3. Exemptions
An exemption from subpart CC control requirements is added to the
General Standards to further clarify that a tank or surface impoundment
used for biological treatment of hazardous waste in accordance with
provisions in the subpart CC General Standards (Sec. 265.1082(c)(2)(vi)
or Sec. 264.1082(c)(2)(vi)) is exempt from the control device
requirements under the rule. This was the Agency's intent in the 1994
promulgated rule, but several commenters advised the EPA that this
intent was not evident. Therefore, the EPA is making this addition to
the General Standards to more clearly describe this intent.
The following two exemptions are being added to the subpart CC
General Standards in order to avoid the potential overlap of the
subpart CC rules with RCRA standards established as part of the Land
Disposal Restrictions (LDR) and to avoid overlap with the recently
promulgated Benzene Waste Operations NESHAP.
In response to commenters' requests that compliance with applicable
LDR treatment standards be reinstated as a subpart CC treatment
alternative, an exemption from the subpart CC control requirements is
being added for a tank, surface impoundment, or container if the
material placed in the unit is a hazardous waste that meets the
numerical concentration limits for organics applicable to the hazardous
waste, as specified in 40 CFR part 268 (Land Disposal Restrictions)
under Table--``Treatment Standards for Hazardous Waste'' in 40 CFR
268.40, or has been treated by the treatment technology established by
EPA for the waste in 40 CFR 268.42(a), or treated by an equivalent
method of treatment approved by EPA pursuant to 40 CFR 268.42(b).
The EPA in fact originally proposed such a provision (see 56 FR
33491, July 22, 1991), and commenters stressed again that wastes
meeting LDR requirements for organics would have reduced organic
concentrations sufficiently so that there need not be air emission
controls on the units receiving the wastes. Upon reflection, EPA now
agrees with these comments. The LDR treatment standards are based on
the performance of Best Demonstrated Available Technology and are
deemed sufficient to minimize threats to human health and the
environment posed by land disposal of the waste. See 51 FR 40572,
November 7, 1986 and RCRA section 3004(m)(1). In fact, the standards
for most organics reflect the performance of combustion technology,
which destroys organics to non-detectable levels, so that the treatment
standard is actually the analytic detection limit for the organic times
a factor which reflects technological variability. Consequently, it is
EPA's finding here that units receiving wastes that satisfy these
standards for organics need not be controlled further, since the
organics in the wastes are already reduced to levels where threats
posed by release of the organics have been minimized.
The EPA notes that, to be exempt from the subpart CC standards, the
waste must meet the LDR treatment standards for that waste whether or
not the waste actually is prohibited (or restricted) from land
disposal, i.e., whether or not the waste is going to be ultimately land
disposed. Thus, for example, if an organic ignitable waste is going to
be managed in tanks and ultimately disposed of in a manner not
involving land disposal, in order for the tanks to be exempt from
subpart CC (assuming the subpart CC rules otherwise apply), the waste
would have to meet the treatment standards for D001 wastes. It should
be clear from this example that the treatment standards are being used
here as a means of demonstrating that further control of air emissions
from the waste is not necessary to protect human health and the
environment. This determination does not hinge on whether the waste is
being land disposed (i.e., on whether the waste would otherwise have to
be treated to meet the standard as a precondition to land disposal).
The EPA is amending the 1994 final rule to address certain of the
commenters' concerns regarding applicability of the subpart CC rules to
incinerator bulk feed tanks (that is, tanks used for bulk feed of
hazardous waste to an incinerator). A standard industry practice is to
control the air emissions from these tanks by enclosing the tank and
feed operation, and venting emissions for the enclosure through a
closed-vent system to an organic emission control device. The EPA has
received comments stating that some industry members have alternate
designs which allow them to effectively operate bulk incinerator feed
systems using a tight-fitting cover on the tank and enclosing the feed
line, with all emissions vented to a control device.
The EPA is addressing two issues with respect to those former bulk
feed operations. The first is the efficiency of the organic control
device, and whether existing facilities must replace those devices
previously installed to comply with the Benzene Waste Operations
NESHAP. The second issue is whether an enclosure can provide adequate
capture and control of organic emissions from an open tank, when
compared with a tight-fitting cover on that tank.
The subpart CC rules require 95% reduction of total organics in
vapor streams, by weight. The Benzene Waste Operations NESHAP (40 CFR
part 61, subpart FF) requires 98% reduction of benzene in vapor
streams. This distinction is appropriate, given the Benzene Waste
Operations NESHAP's purpose to control benzene specifically, and the
subpart CC rule's purpose to control total organics (including
benzene). However, incinerator bulk feed operators have installed non-
combustion control devices (such as activated carbon systems and
condensers) which achieve 98% reduction of benzene, but do not
effectively achieve 95% reduction of total organics. (This is because
benzene is more amenable to certain reduction technologies than other
organic compounds.)
The EPA has decided that it is not justified to require owners and
operators to replace these relatively new control devices, which were
installed pursuant to EPA regulation, and is therefore adding an
exemption for control devices installed on such systems.4 The EPA
is making this decision chiefly due to the high replacement cost,
action in reliance on EPA's Benzene Waste Operations
[[Page 59942]]
NESHAP, and the desire for consistency among the various standards
controlling organic constituents.
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\4\ Although there is probably some degree of decrease in
protectiveness between these control devices and the proscribed 95%
total organic control device requirements, EPA considers that
difference to be not significant enough to warrant the substantial
dislocations noted above. With respect to newly constructed control
devices, there would be obviously, no such dislocations, and EPA
therefore, does not believe there is any reason to forego the full
protection provided by the 95% total organic control device
efficiency requirements.
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With respect to enclosures used in lieu of a discreet tank cover,
the issue is the same as that which EPA is addressing for all tank
systems (see Section G of this Preamble.)
F. Waste Determination Procedures
Under the subpart CC RCRA air rules, air emission controls are not
required for a hazardous waste management unit when the unit manages
hazardous waste having an average VO concentration less than the action
level (i.e., 500 ppmw at the point of waste origination). As part of
the procedure for determining the VO concentration of the hazardous
waste, the EPA allowed that an owner or operator could use either: (1)
Direct measurement using Method 25D for preparation and analysis of
samples of the waste collected in accordance with the procedures
specified in the rule; or (2) the owner's or operator's knowledge of
the VO concentration in the waste based on information, as specified in
the rule.
In response to comments received concerning Method 25D relating to
aggressiveness, expense, and repeatability of the method, the EPA
decided to add other appropriate test methods that an owner or operator
can choose to use for direct measurement of the VO concentration of a
hazardous waste (see discussion below). In addition, the EPA is making
certain other changes to facilitate the use of organic concentration
data obtained using other test methods not specifically listed in the
rule. The EPA believes that the changes being incorporated into the
waste determination requirements in conjunction with changes to the
applicability and action level for the subpart CC RCRA air rules for
tanks, surface impoundments, and containers provide a range of options
for determining the VO concentration of a hazardous waste such that
every owner and operator of a facility subject to the final rule has
available practical and inexpensive waste determination alternatives.
The EPA developed Method 25D to provide a relative measure of the
potential for specific volatile organic compounds to be emitted from
waste materials. When using Method 25D, the waste is analyzed to
determine the total concentration, by weight, of all organics purged
from the waste sample. However, some commenters stated that measuring
all organics resulted in an overly aggressive method. Commenters
suggested that there is some universe of organic compounds which
usually do not volatilize, but which some test methods would measure.
In a practical sense, the EPA does not consider it equitable to require
air emission controls for wastes that do not contain organic compounds
which are likely to volatilize. In response to these comments, the EPA
is amending the waste determination procedures to allow the owner or
operator to discount any contribution to the total volatile organic
concentration that is a result of including a compound with a Henry's
law constant of less than 0.1 mole-fraction-in-the-gas-phase/mole-
fraction-in-the-liquid-phase (0.1 Y/X) [which can also be expressed as
1.8 x 10-6 atmospheres/gram-mole/m3] at 25 degrees Celsius.
The Henry's law constant of a compound is one indication that is
commonly used to predict the potential of a compound to volatilize.
If the waste contains compounds with Henry's law constants below
the cutoff level, the VO concentration for the waste can be adjusted to
exclude the VO concentration of these compounds from the total VO
concentration for the waste stream. The contribution to the measured
total VO concentration for the waste that is made by a specific
compound can be determined by multiplying the actual concentration of
the compound in the waste times the appropriate compound-specific
adjustment ``fm factor'' to obtain the Method 25D VO
concentration. The VO concentration for the compound, with a Henry's
law constant of less than 0.1 Y/X, can then be subtracted from the
total VO concentration measured for the waste. In order to identify
those compounds with a Henry's law constant below the cutoff level, the
EPA has published a table listing the known compounds as part of
today's amendments. The Henry's law constant value used as the cutoff
in determining the VO concentration of a waste has been used in other
EPA regulations (e.g., the Off-Site Waste and Recovery Operations
NESHAP and the HON) and was selected based on modeling studies to
identify and classify compounds with a significant potential for air
emissions when present in a waste/wastewater system. With this
amendment to the waste determination procedures, the EPA considers
Method 25D to be an appropriate method for determining the VO
concentration of hazardous wastes subject to the subpart CC RCRA air
rules. Therefore, Method 25D continues to be an approved test method
for determining the VO concentration of a waste, although other methods
are allowed as direct measurement under today's amendment. This is
discussed in greater detail below.
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
hazardous waste and wastewater management units. After extensive
review, the EPA decided that as alternatives to using Method 25D for
direct measurement of VO concentration in a hazardous waste for the
subpart CC RCRA air rules it is appropriate to add Methods 624, 625,
1624, and 1625 (all contained in 40 CFR part 136, appendix A) and
Methods 8260(B) and 8270(C) (both in ``Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods'' in EPA Publication SW-846)
when these methods are used under certain specified conditions. It is
important to note that for each of these methods there is a published
list of chemical compounds which the EPA considers the method
appropriate to measure. The owner or operator may only use these
methods to measure compounds that are contained on the list associated
with that method, unless specified validation procedures are also
performed. Further, for the purpose of a waste determination, the owner
or operator must evaluate the mass of all VO compounds in a waste that
have a Henry's Law value above the 0.1 Y/X cutoff. Therefore, the owner
or operator is responsible for determining that the analytical method
being used for a waste determination is sufficient to evaluate all of
the applicable organic compounds that are contained in the waste. If an
owner or operator chooses to use a method other than Method 25D to
analyze a waste that contains unknown compounds or many different
compounds, it may be necessary to perform screening analyses to verify
that the alternate analytical method chosen is, in fact, appropriate to
evaluate all the necessary compounds.
Because these methods measure the total concentration of various
constituents, owners and operators may choose to ``correct'' these
measured values to equate to the values that would be measured using
Method 25D. This is accomplished by multiplying the total concentration
measured values times the appropriate compound-specific adjustment
``fm factor'' to obtain the Method 25D VO concentration. The EPA
has published lists of the compound-specific adjustment factors
[[Page 59943]]
in other rulemakings; see Table 1 in the Off-Site Waste and Recovery
Operations NESHAP (40 CFR part 63, subpart DD) and Table 34 in the HON
(40 CFR part 63, subpart G). Compound specific adjustment factors
(fm factors) for additional compounds can be obtained by
contacting the Waste and Chemical Processes Group, Office of Air
Quality Planning and Standards, Research Triangle Park, NC 27711.
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
hazardous waste sample. In addition, Methods 624 and 625 are
appropriate provided the initial calibration of the analytical system
is performed with the target compounds to be measured. Methods 8260(B)
and 8270(C) are also considered appropriate provided that formal
quality assurance procedures are established, followed, and records are
maintained to cover those elements of the methods considered relevant
to measuring the actual concentration of organic compounds. The quality
assurance program must address procedures to minimize the loss of
compounds due to volatilization, biodegradation, reaction, or sorption
during the sample collection, storage, and preparation steps as well as
addressing the overall accuracy and precision of the specific method
used.
Sample collection procedures and sample recovery conditions are
established by Method 25D (40 CFR part 60, Appendix A). For the
hazardous wastes typically managed in the operations subject to the
RCRA air rules, the EPA has concluded that using Method 25D sample
collection procedures and sample recovery conditions for other analysis
methods is reasonable for the purpose of this rulemaking. However, none
of the other methods discussed above specifies a sample collection and
handling procedure that the EPA considers adequate to minimize the
volatilization of organics from the sample prior to analysis.
Therefore, to ensure that an adequately representative sample of a
hazardous waste is analyzed by the method, an owner or operator that
chooses to use either Method 624, 625, 1624, 1625, 8260(B) or 8270(C)
for the subpart CC RCRA air rules is required to develop and follow a
written sampling plan. Similarly, such a plan is required for
alternative methods validated by EPA Method 301 in appendix A of 40 CFR
part 63, or the ``Alternative Validation Procedure for EPA Waste and
Wastewater Methods'' in appendix D of 40 CFR part 63. This plan must
describe a step-by-step procedure for collecting representative samples
of the hazardous waste 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 handling
procedures similar to those specified in Method 25D. The sampling plan
is to be maintained on-site in the facility records.
It should be noted that as long as one of the allowable test
methods is being used for direct measurement of the VO concentration of
a hazardous waste, the EPA would only enforce against the facility on
that basis (i.e., using the same test method), unless the method used
is not appropriate for the hazardous waste managed in the unit. For
example, if the method is not suitable for use on semi-volatile organic
compounds and the waste is known to contain organic compounds that are
classified as semi-volatile, then the method is not appropriate.
In the published rule, the EPA allows use of knowledge-of-the-waste
as the basis for a waste determination (Sec. 265.1084(a)(2)). Among the
waste determination techniques that would have been considered
knowledge, was analysis by methods other than 25D, if the alternate
method had been validated using Test Method 301, from appendix A of
part 63. Certain commenters indicated that it was not clear in the 1994
final rule that data from non-validated methods could be used to make a
waste determination, with those results being again, considered
knowledge-of-the-waste (as opposed to direct measurement). Today EPA is
clarifying that, and, also in response to comments, the EPA has decided
to allow organic concentration test data that are validated in
accordance specifically with Sections 5.1 and 5.3 and the corresponding
calculations in Section 6.1 or 6.3 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 25D by multiplying the measured values times the
appropriate compound-specific adjustment ``fM factor.''
In addition, as discussed in Section II.G of the preamble to the
final Off-Site Waste and Recovery Operations NESHAP (61 FR 34140, July
1, 1996), the EPA promulgated a less rigorous validation procedure,
``Alternative Validation Procedure for EPA Waste and Wastewater
Methods,'' in Appendix D 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 EPA test
method is used for air emission standards. The EPA decided it is
appropriate to allow organic concentration test data that are validated
in accordance with this method to be used as direct measurement data
because it is considered to produce equally reliable validation
results. Other test methods not previously mentioned that are used to
measure organic concentrations in the waste shall be validated
according to section 5.1 or 5.3, and the corresponding calculations in
section 6.1 or 6.3, or Method 301 of Appendix A of 40 CFR part 63.
The main point that must be reemphasized regarding direct
measurement of VO concentration is that, although the EPA is amending
the rule to allow various test methods other than Method 25D to be used
in a waste determination, the owner or operator must use a test
method(s) that is appropriate for the compounds contained in the waste.
The method(s) used for the waste determination must be suitable for and
must reflect or account for all compounds in the waste with a Henry's
Law constant equal to or greater than 0.1 Y/X at 25 degrees Celsius.
In a further clarification, today's action is revising the waste
determination procedures such that for both point of waste origination
and point of waste treatment, no distinction is made for batch or
continuous processes or for whether the owner or operator is the
generator or receives the waste from off-site. The owner or operator
chooses an averaging period appropriate for the hazardous waste stream
of not more than 1 year. As has been noted previously, a site sampling
plan is required that describes the procedure for collecting
representative samples of the hazardous waste stream such that a
minimum loss of organics occurs throughout the sample collection and
handling process and by which sample integrity is maintained.
As was originally promulgated in the 1994 final rule, in the event
that the Regional Administrator and the owner or operator disagree on a
determination of the average VO concentration of a hazardous waste
stream at the point of waste origination using knowledge, then direct
measurement shall be used to establish compliance. As noted above,
[[Page 59944]]
because of the expansion of analysis methods in today's amendments,
direct measurement to establish compliance is not limited to Method
25D, but can be performed using any of the methods specified in the
rule or any test method validated as specified in the rule, as
appropriate for the waste managed in the unit. Because of the expansion
of analysis methods, the rule has been revised such that, if the
Regional Administrator determines that the method used by the owner or
operator for a waste determination using direct measurement was not
appropriate for the waste managed in the unit, then the Regional
Administrator may choose an appropriate method to verify the waste
determination.
G. Standards: Tanks
The subpart CC tank standards have been revised to address comments
on the proposed technical amendments, to be consistent with tank
standards established for related Clean Air Act NESHAP, and to reduce
the inspection, monitoring, recordkeeping, and reporting requirements.
In general, the amendments published today establish two levels of air
emission control (referred to as Level 1 and Level 2 controls) for
tanks managing hazardous waste having a maximum organic vapor pressure
less than 76.6 kilopascals (kPa). The control level applicable to a
tank required to use controls is determined by the tank design capacity
and the maximum organic vapor pressure of the material in the tank.
Ranges of capacity and vapor pressure limits or criteria have been
established for tanks. However, tanks used for waste stabilization
processes are required to use specific air emission controls.
For a tank to meet Level 1 controls, the revised final rule
specifies that the hazardous waste be managed in a tank using a fixed-
roof. For the Level 2 controls, the revised final rule requires that
hazardous waste 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.
A tank is allowed to use the Level 1 controls if it meets the
conditions that were in the 1994 final subpart CC rule to qualify for
control by only a fixed roof, with several revisions to the conditions.
In response to comments, the condition that the waste is neither mixed,
stirred, agitated, nor circulated within the tank is being dropped; the
condition on heating the waste is being revised to require that the
hazardous waste in the tank not be heated to a temperature that is
greater than the temperature at which the maximum organic vapor
pressure of the waste was determined; and the condition that the
hazardous waste not be treated by a process that produces an exothermic
reaction is being dropped. The EPA agrees with commenters that these
conditions are redundant given the criteria based on determination of a
maximum organic vapor pressure. The conditions that are being dropped
from the rule thus are adequately accounted for in the maximum organic
vapor pressure criteria.
The owner or operator of a tank that qualifies for the Level 1
controls may choose to use Level 2 controls. A tank that does not
qualify for the Level 1 controls is subject to the Level 2 controls.
Tank Level 1 control requirements consist of a fixed roof meeting
the design, operation, inspection, and recordkeeping requirements
specified in the rule. Because of commenters' concerns with the safety
of workers during tank cleaning, the operating requirements are being
clarified to explicitly include the removal of accumulated sludge or
other residues from the bottom of the tank as a time when the opening
of closure devices or removal of the fixed roof is allowed. In response
to commenters' concerns that the subpart 1994 CC rules (inadvertently)
required that a conservation vent must discharge through a closed-vent
system to a control device, the revised rule states that a pressure
relief device, such as a conservation vent which vents to the
atmosphere, is allowed for the purpose of maintaining the tank internal
pressure in accordance with the tank design specifications. Normal
operating conditions that might require a pressure relief device to
open include internal pressure buildup as a result of loading
operations or diurnal ambient temperature fluctuations.
To reduce the inspection, monitoring, and recordkeeping burden of
the rule, a number of rule revisions are being made in response to
comments. The semiannual inspection requirement for the fixed roof and
closure devices is being changed to an annual inspection requirement.
The EPA considers this change to greatly reduce the requirements placed
on the tank operators, while not affecting the protectiveness of the
rules. The regulations still require tanks to be operated with covers
that do not have visible openings or gaps; therefore, any openings or
gaps will still need to be immediately repaired. The instrument
monitoring requirements are being dropped, EPA's rationale being that
the fixed roofs are allowed to operate with a conservation vent, and
thus, leaks detectable only by an instrument are relatively
insignificant. The time during which repair of a defect must be
completed is being extended from 15 to 45 calendar days. The delay of
repair provisions are being clarified to indicate that repair of a
defect on a fixed roof or closure device may be delayed beyond 45
calendar days if repair would require the tank to be emptied or removed
from service and no alternative capacity is available at the facility
to accept the hazardous waste normally managed in the tank. The
recordkeeping requirements are being clarified to explicitly define the
information required for the annual inspection.
The revised Tank Level 2 air emission control requirements include
options that were available in the 1994 final subpart CC rule, i.e., a
tank equipped with a fixed roof and internal floating roof, a tank
equipped with an external floating roof, a fixed roof vented through a
closed-vent system to a control device, and a pressure tank. In
addition, an option is being provided allowing the use of an enclosure
vented through a closed-vent system to an enclosed combustion device or
a control device designed and operated to reduce the total organic
content of the inlet vapor stream by at least 95 percent by weight.
For a tank equipped with a fixed roof and internal floating roof,
an operating requirement is being revised, such that, when the floating
roof is resting on the leg supports, the process of filling, emptying,
or refilling must be accomplished as soon as practical rather than as
rapidly as possible. The rationale for this is explained in the
preamble of the February 9, 1996 technical amendments (see 61 FR 4910).
Internal floating roof and external floating roof design,
operating, inspection, and monitoring requirements are revised to
reflect current technology and to be consistent with requirements of
Clean Air Act standards for the same equipment (e.g. the off-site waste
and recovery operations NESHAP, promulgated July 1, 1996). Again, this
is part of the EPA's effort to promote consistency between requirements
for similar types of units. Overall performance and emission reductions
are effectively unchanged.
For a tank with a fixed roof that is vented through a closed-vent
system to a control device, the operating, monitoring, and inspection
requirements are being revised
[[Page 59945]]
consistent with the Tank Level 1 control requirements described
previously. In summary, the times when opening of closure devices or
removal of the fixed roof are allowed are being clarified, the rule is
being clarified to allow the opening of a safety device, the semiannual
inspection required for the fixed-roof and closure devices is changed
to an annual inspection requirement, monitoring requirements are
dropped, the time during which repair of a defect must be completed is
extended from 15 to 45 calendar days, the delay of repair provisions
are being clarified to indicate that repair of a defect on a fixed roof
or closure device may be delayed beyond 45 calendar days, and the
recordkeeping requirements are being clarified to explicitly define the
information required for the annual inspection.
In response to the numerous comments regarding establishment of
criteria to identify or define a pressure tank, the pressure tank
requirements are being clarified to state that the tank shall be
designed to operate with no detectable organic emissions during filling
to the tank design capacity and the subsequent compression of the vapor
headspace in the tank.
For the control option being added as a part of these amendments
that allows the use of an enclosure vented through a closed-vent system
to an enclosed combustion device or alternative control device, the
enclosure must be designed and operated 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. The EPA is adding this control option in
response to comments from, among others, members of the hazardous waste
stabilization industry and the incineration industry, who maintain that
certain waste handling or treatment operations (e.g. incinerator bulk
feed systems and stabilization) can not feasibly be conducted in
covered tanks.
The EPA has made a number of revisions to the regulations that
address this concern. As noted earlier, the increased VO concentration
action level (from 100 ppmw to 500 ppmw) plus the inapplicability of
the rule to hazardous wastes that meet the LDR standard for organic
hazardous constituents should sharply reduce the number of situations
where a metal-bearing waste undergoing stabilization would also be
subject to the subpart CC standards.
In addition, the EPA reexamined the data in the record for those
wastes that may undergo stabilization and still be subject to the
Subpart CC requirements; this includes data supplied by waste
management companies after promulgation of the 1994 final CC rule, in
response to EPA's solicitation (see 59 FR 62912, December 6, 1994).
However, the data currently available to the EPA do not support the
commenters' assertions that no controls at all are needed for these
wastes undergoing stabilization. All currently available data indicate
that a significant fraction, by mass, of organics in waste are
volatilized during stabilization processes.5
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\5\ Recent data supplied to EPA (including information contained
in docket F-94-CE3A-FFFFF, and information submitted by subpart CC
rule commenters to the EPA's Office of Solid Waste and Emergency
Response) do not lead the Agency to conclude otherwise. Rather, the
data submitted indicate that numerical quantification methods, or
test methods, used to measure the mass of organics emitted during
stabilization do not yield consistent or precise results when waste
streams below 500 ppmw VO concentration are evaluated. These data,
among other factors, prompted the Agency to raise the action level
to 500 ppmw. However, the data submitted did not support any
revision to the Agency's policy of requiring stabilization of
organics to be performed in units with air emission controls. The
Agency maintains that stabilization, and other operations that raise
the temperature of the waste or agitate the waste, increase the rate
of volatilization or organics in the waste. Therefore, it follows
that a regulation that considers it appropriate to control the
organic emissions from storage of hazardous waste would consider it
at least as important to control the organic emissions during
treatment of hazardous waste.
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The EPA recognizes that certain stabilization and waste handling
operations can only be feasibly conducted in open tanks (and
containers). For such operations, where a cover is impractical, the
most practical alternative is a permanent total enclosure that achieves
high capture efficiency of the organic compounds emitted from the open
tank (or container) and routes them through a closed-vent system to an
organic control device. The EPA defines a permanent total enclosure as
a ``permanently installed enclosure that completely surrounds a source
of emissions such that all (VOC) emissions are captured and contained
for discharge through a control device.'' The EPA has developed a set
of criteria (in 40 CFR 52.741, appendix B) to ensure high capture
efficiencies through proper design and operation of an enclosure and to
eliminate the need for expensive and disruptive capture efficiency
performance tests. The EPA method states that if a facility meets the
criteria for a permanent total enclosure and all emissions are directed
to a control device, the capture efficiency may be assumed to be 100
percent and measurement requirements are waived. The EPA has concluded
that these enclosure criteria are appropriate for application to waste
stabilization operations, bulk feed tank operations, and other waste
handling situations where an owner or operator may deem a covered tank
impractical; the design and operational criteria allow for necessary
worker access to perform necessary operations, while assuring a high
capture efficiency. Therefore, in this limited situation, use of an
enclosure and control device that meets the criteria specified in the
rule, for both the enclosure and the control device, is considered to
provide the same level of emission reduction performance as does the
other control options provided in the rule for tanks and thus achieves
the same level of protection.
One commenter argued that the permanent enclosure criteria are
inappropriate because they were originally developed for use in another
industry (the paint and coating industry). However, the EPA considers
these criteria appropriate for ensuring adequate design and operation
of any enclosure used to capture organic emissions. The criteria are
not prescriptive, that is, they do not specified detailed design and
operation conditions. Rather, the criteria are just that: Parameters
that must be evaluated, and minimum or maximum values that must be met
for each parameter. These criteria are the only description known to
the Agency that ensure an enclosure is effective in: (1) Preventing
significant volumes of organics from escaping to the atmosphere, (2)
capturing the organics from within the enclosure, and (3) routing the
organics from within the enclosure to a control device.
The permanent total enclosure criteria specifies: (1) Maximum total
area for natural draft openings, or NDO (which are holes in the
enclosure that allow passage of organics through to the atmosphere),
(2) minimum distance from emission points to NDO, (3) minimum face
velocity to ensure sufficient negative pressure, (4) closure of any
accesses that were not open for the purpose of performing the criteria
calculations, and (5) routing of all emissions to a control device. All
of these are parameters that would require consideration in the
evaluation of any enclosure's effectiveness. Further, the minimum and
maximum values specified in the permanent total enclosure criteria were
chosen by EPA specifically for the purposes of ensuring adequate
capture of organic emissions from industrial operations, such as paint
and coating operations. The paint and coating industry operations are
similar enough to other industrial operations, including waste
treatment, that it is appropriate to use the permanent total
[[Page 59946]]
enclosure criteria for specifying enclosure integrity elsewhere.
One commenter remarked that the costs to retrofit two particular
existing enclosures to the permanent total enclosure criteria would be
prohibitive. The EPA does not agree with that remark. After reviewing
that data, the EPA estimates that it would be less costly for that
facility to upgrade those enclosures than it would be for any facility
to retrofit an existing tank with an air-tight cover, which is the
requirement for other tanks subject to the subpart CC standards.6
---------------------------------------------------------------------------
\6\ The EPA further notes that one of the two enclosures
described in this commenter's submission would require only the
sealing of a natural draft opening which is too close to an emission
point. The other enclosure would require an increase in the face
velocity, which could possibly be achieved by closing some of the
natural draft openings in the enclosure. The cost to close a natural
draft opening is not at all prohibitive; in many instances it can be
accomplished with a patch and some air-tight caulk or foam. However,
it is conceivable that the facility may need to increase the
capacity of the control device for this second enclosure, in order
to be able to effectively handle the resulting increased air flow.
However, the EPA considers it highly relevant to note that the
commenter states that his permitting authority has confirmed the
tank inside this enclosure is not subject to the subpart CC
standards; therefore, the enclosure would not be required to meet
the permanent total enclosure criteria referenced by the subpart CC
standards. It should be noted that costs associated with achieving a
level of protectiveness required under RCRA 3004(n) are not a
consideration in the selection of standards.
The EPA considers it also noteworthy to mention that a hazardous
waste treatment industry group polled its members that operate
incinerator bulk feed tanks, and was informed that all the member
companies polled either: (1) Currently perform the bulk feed
operations using covered tanks, (2) currently perform the bulk feed
operations inside enclosures which already meet all of the permanent
total enclosure criteria, or (3) would consider it reasonable to
(and are willing to) upgrade or modify their existing enclosures to
meet the permanent total enclosure criteria.
---------------------------------------------------------------------------
Safety devices, as defined in the rule, may be installed on the
enclosure, as needed. The closed-vent system and enclosed combustion
device or alternative control device must be designed and operated in
accordance with standards in subpart CC. The enclosure is required to
be inspected initially and annually thereafter. When defects are
detected, the owner or operator must make first attempts at repair no
later than 5 calendar days after detection and complete repair within
45 days.
Finally, in response to commenters' concerns with the feasibility
of transferring solids and sludges between containers and tanks in a
``closed system'' as required by the final rules, the closed system
transfer requirements for hazardous wastes transferred to or from a
tank and another waste management unit subject to subpart CC control
requirements are being revised such that transfer of hazardous waste
between a tank and container is not required to be done in a closed
system.
H. Standards: Surface Impoundments
Revisions are being made to the subpart CC 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
in subpart CC and for surface impoundments under the Clean Air Act
NESHAP. A discussion of these revisions is presented below.
More design and installation information is being included for
rigid covers. A provision is being added that clarifies the intent of
the 1994 final subpart CC rule, that venting to a control device is not
required and that opening of closure devices or removal of the cover is
allowed to remove accumulated sludge or other residues from the bottom
of the surface impoundment. A provision is being added that explicitly
allows opening of a safety device installed on the cover, closed-vent
system, or control device at any time conditions require it to do so to
avoid an unsafe condition. Also under the technical amendments
published today, visual inspection of the rigid cover and closure
devices is required initially and annually thereafter, rather than
semiannually; leak detection monitoring is only required initially; and
there are no requirements for periodic monitoring (as discussed above,
the EPA does not consider it warranted to survey for non-visible leaks,
while allowing conservation vents to route emissions to the
atmosphere). The repair period for a defect also is being extended from
15 to 45 days to be consistent with other CAA regulations (e.g. the
HON).
The floating membrane cover design and installation requirements
are being clarified, e.g., language is being added to clarify that the
``floating membrane cover shall be designed to float during normal
operations on the surface of the liquid contained in the surface
impoundment.'' A provision is being added that allows the floating
membrane cover to be equipped with emergency cover drains for removal
of storm water. Opening of a safety device installed on the cover is
allowed at any time conditions require it to do so to avoid an unsafe
condition. Visual inspection of the floating membrane cover and closure
devices is required initially and annually, rather than semiannually.
The leak detection monitoring requirements for floating membrane covers
are being dropped. The repair period for a defect is being extended
from 15 to 45 days.
The closed system transfer requirements for hazardous wastes
transferred to or from a surface impoundment and another waste
management unit subject to subpart CC control requirements are being
revised such that transfer of hazardous waste between a surface
impoundment and container is not required to be done in a closed
system. This change is being made to provide consistency within the
subpart CC rules; containers are not subject to transfer requirements
among other containers; therefore, the EPA does not consider it
necessary to require closed transfer between containers and surface
impoundments.
I. Standards: Containers
The subpart CC container standards are being significantly revised
under today's amendments to address comments on the proposed changes to
the container requirements, to make this rule compatible with the
existing U.S. Department of Transportation (DOT) regulations for
transporting hazardous materials, and to reduce any unnecessary
inspection, monitoring, recordkeeping, and reporting requirements.
1. Control Requirements
Commenters stated that promulgated air emission control
requirements for containers are impractical to implement or require
equipment that is commercially unavailable. Also, commenters stated
that the requirements should be consistent with the container air
emission control requirements under the Clean Air Act rules.
Since promulgation in December 1994, the EPA has obtained more
information on the practices and equipment currently used to manage
hazardous waste in containers. Based on consideration of this
information, the EPA decided to revise the air emission control
requirements for containers to better reflect the container organic
emission potential, the various container types, and the common
container management practices used for hazardous waste 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 later in this section of today's notice.
The EPA is addressing consistency between the air emission control
requirements for containers (as well as
[[Page 59947]]
the other affected waste management units) in the RCRA rules and those
contained in Clean Air Act NESHAP or NSPS by amending the RCRA rules to
include an exemption for those affected units using organic emission
controls in accordance with the requirements of any applicable NESHAP
or NSPS. Because the Clean Air Act controls for containers are
essentially the same as those required under the RCRA air rules, they
are considered to provide the same level of protection. In addition,
allowing the use of DOT containers is also consistent with the EPA's
general objective of avoiding duplication and promoting consistency.
The EPA has thoroughly evaluated the control requirements for DOT
containers and has worked with DOT in developing these revisions. The
EPA concluded that containers that meet applicable DOT requirements
under 49 CFR parts 173, 178, 179, and 180 are equivalent in their
overall emission reduction performance and therefore provide the same
level of protection as do the initial requirements of the final subpart
CC rules.
The revised container standards for the subpart CC RCRA air rules
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 hazardous waste 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, as was the
case in the 1994 promulgated CC rule.
Under today's revised subpart CC rule, Level 1 controls are allowed
for the following container categories (except when the container
remains uncovered for waste stabilization or certain other treatment
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 hazardous wastes that do not meet the
definition of ``in light material service'' (i.e., used to manage a
hazardous waste where the vapor pressure of one or more of the
components in the material is greater than 0.3 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). Level 2 controls are required for containers with a
design capacity greater than 0.46 m3 and used ``in light material
service,'' except when the container remains uncovered for waste
stabilization or certain other treatment 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 allowed to use Level 1 controls, the amended
rule requires that the hazardous waste 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 1994 final CC rule (40 CFR parts 264 and 265). No
additional requirements are specified by today's revised 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 annually thereafter, 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 revised final rule
for containers using Level 1 controls. The EPA has agreed with
commenters' suggestions that any increases in enforceability of the
subpart CC standards does not justify the expense and time required by
an owner or operator to make and maintain records for the subpart CC
regulations for hazardous waste in containers. The vast majority of
containers subject to the subpart CC standards are not at a given site
for more than 90 days; therefore, the burden associated with
maintaining additional records (that is, in addition to existing
records required under other applicable regulations, such as the RCRA
subpart I, or DOT container requirements) for all containers used to
store hazardous waste was deemed to be considerably greater than the
recordkeeping requirements for tanks or surface impoundments
(particularly when compared with the relatively low volume of hazardous
waste, nationwide, that is managed in containers versus tanks and
surface impoundments).
For the containers required to use Level 2 controls, today's
revised final rule requires that the hazardous waste 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 operates
with ``no detectable organic emissions''; or (3) a container that has
been demonstrated within the preceding 12 months to be vapor-tight by
using Method 27. 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.
No additional requirements are specified in the final rule for
containers complying with the applicable DOT regulations. However, for
compliance with the subpart CC rules, no exceptions under the 40 CFR
parts 178 or 179 regulations are allowed for DOT containers except for
lab packs meeting the exceptions for combination packaging specified in
40 CFR 173.12(b). In addition, the EPA based its decision to allow use
of DOT containers for compliance with the subpart CC rules on the
specifications, testing, maintenance, and other requirements for
containers that can be reused or refilled under DOT regulations (the
typical practice at hazardous waste TSDF). For the purpose of complying
with the subpart CC rules, the EPA does not consider it appropriate
that a container which is a ``non-reusable container (NRC)'' or
``single-trip container (STC)'' according to DOT requirements, be
repeatedly used while at the facility site (i.e., emptied and refilled)
for the handling of hazardous waste subject to subpart CC rules. Before
a DOT container can be reused, even within the boundaries of a facility
site, it must comply with the DOT reconditioning and reuse provisions
of the hazardous materials regulations in 49 CFR 173.28.
For the containers required to use Level 3 controls, the revised
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. The use of a permanent total enclosure and
the design and operating criteria for these enclosures are discussed
further in Section G of this preamble.
2. Loading Operations
Requirements for loading hazardous waste into a container are also
being revised by today's action in response to the numerous comments
received by EPA on this topic. Under the revised final rule there are
no requirements for
[[Page 59948]]
loading hazardous waste into containers using Level 1 controls. The
rationale for this is explained in the preamble to the February 9, 1996
technical amendments (see 61 FR 4909). For containers using Level 2
controls, the loading requirements have been revised to allow the owner
or operator the flexibility to use any appropriate loading method that
will minimize exposure of the hazardous waste to the atmosphere and
thereby reduce organic air emissions, to the extent practical
considering the physical properties of the hazardous waste 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.
3. Inspection, Monitoring, Recordkeeping, and Reporting
After consideration of the comments regarding the burden associated
with certain aspects of the inspection, monitoring, recordkeeping, and
reporting requirements for containers, and review of the effect of
these requirements on the emission reduction achieved by these
standards, the EPA has determined that it is appropriate to simplify
these requirements in today's amendments. 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 manages a hazardous
waste in the container or accepts possession of the container at the
facility with the exception of those containers emptied within 24 hours
of being received. Also, in the case when a container used for managing
hazardous waste remains at the facility 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.
Under the revisions published here, there are no requirements for
periodic Method 21 leak monitoring of containers. The EPA considers
this revision appropriate, in light of the relatively low volume of
hazardous waste managed in containers (as compared to that volume
managed in tanks and surface impoundments) and the transitory nature of
containers (i.e. the vast majority of containers, nationwide, do not
remain on a given site longer than 90 days). The time and expense
required by operators to perform periodic Method 21 monitoring on
containers does not seem to be warranted by any anticipated increase in
emission reductions or enforceability of the subpart CC standards.
There is only one recordkeeping requirement and no reporting
requirements under this rulemaking for containers using either
Container Level 1 or Container Level 2 controls. The recordkeeping
requirement is to maintain in the facility record a copy of the
procedure used to determine that containers with capacities equal to or
greater than 0.46 m3 and do not meet the applicable DOT
regulations are not managing hazardous waste in ``light material
service.''
Information is also being added to the rule concerning the duration
of time that the cover or closure devices can be open for the purpose
of adding hazardous waste to or removing hazardous waste from the
container or performing other routine activities, such as sampling the
hazardous waste in the container. Opening of a spring-loaded pressure-
vacuum relief valve, conservation vent, or similar type of pressure-
relief device that vents to the atmosphere is allowed to maintain
container internal pressure within design specifications during normal
operating conditions, e.g., to release pressure resulting from loading
operations or diurnal temperature changes. Opening of a safety device,
as defined in the rule, is allowed at any time conditions require it to
do so to avoid an unsafe condition.
J. Standards: Closed-Vent Systems and Control Devices
As previously discussed in this preamble under the revisions to the
subpart AA provisions for control devices and closed-vent systems, the
subpart CC control device and closed-vent system standards are being
revised by today's technical amendments to incorporate changes so that
these requirements are consistent and up-to-date with the general
decisions the EPA has made regarding the inspection, monitoring,
maintenance, repair, malfunctions, recordkeeping, and reporting
requirements for organic emission control devices and which have been
published in other related standards.
In the subpart CC standards for control devices and closed vent
systems, provisions are being added to allow up to 240 hours per year
for periods of planned routine maintenance of a control device during
which time the control device is not required to meet the performance
requirements for emission reductions specified in the rule and to
exempt control devices from the substantive requirements of this
section during a control device system malfunction. Recordkeeping
requirements for these provisions are also being added. This change is
being made in response to commenters' statements that good engineering
and air pollution control practices include maintenance of air
pollution control equipment, and that it is reasonable to assume that
all such equipment will require either maintenance or repair at some
time during the life of the equipment. The EPA is adding this allowance
in an attempt to encourage good maintenance of such equipment, and in
recognition that if maintenance periods are not allowed, repair periods
will be unavoidable; it seems more reasonable to encourage the former,
while accepting that both are realities. The value of 240 hours has
been selected to be consistent with other air regulations developed
under the CAA, such as the HON.
K. Inspection and Monitoring Requirements
The EPA is making revisions to the inspection and monitoring
requirements for the final subpart CC RCRA air rules to reflect the
revisions to the rule applicability and technical requirements and
reduce the burden of these requirements on owners and operators. These
revisions are explained in more detail throughout the preamble, above.
L. Recordkeeping and Reporting Requirements
The EPA is changing the recordkeeping and reporting requirements
for the final subpart CC RCRA air rules to reflect the revisions to the
rule applicability and technical requirements and reduce the burden of
these requirements on owners and operators. These revisions are
explained in more detail throughout the preamble, above.
V. Administrative Requirements
A. Docket
Six RCRA dockets contain information pertaining to today's
rulemaking: (1) RCRA docket number F-91-CESP-FFFFF, which contains
copies of all BID references and other information related to the
development of the rule up through proposal; (2) RCRA docket number F-
92-CESA-FFFFF, which contains copies of the supplemental data made
available for public comment prior to promulgation;
[[Page 59949]]
(3) RCRA docket number F-94-CESF-FFFFF, which contains copies of all
BID references and other information related to development of the
final rule following proposal; (4) RCRA docket number F-94-CE2A-FFFFF,
which contains information pertaining to waste stabilization operations
performed in tanks; (5) RCRA docket number F-95-CE3A-FFFFF, which
contains information about potential final rule revisions made
available for public comment; and (6) RCRA docket number F-96-CE4A-
FFFFF, which contains a copy of each of the comment letters submitted
in regard to the revisions that the EPA was considering for the final
subpart CC standards. The public may review all materials in these
dockets at the EPA RCRA Docket Office.
The EPA RCRA Docket Office is located at Crystal Gateway, 1235
Jefferson Davis Highway, First Floor, Arlington, Virginia. Hand
delivery of items and review of docket materials are made at the
Virginia address. The public must have an appointment to review docket
materials. Appointments can be scheduled by calling the Docket Office
at (703) 603-9230. The mailing address for the RCRA Docket Office is
RCRA Information Center (5305W), 401 M Street SW, Washington, DC 20460.
The Docket Office is open from 9 a.m. to 4 p.m., Monday through Friday,
except for Federal holidays.
B. Paperwork Reduction Act
The information collection requirements of the previously
promulgated RCRA air rules were submitted to and approved by the Office
of Management and Budget (OMB). A copy of this Information Collection
Request (ICR) document (OMB control number 1593.02) may be obtained
from Sandy Farmer, Information Policy Branch (2136); U.S. Environmental
Protection Agency; 401 M Street, SW; Washington, DC 20460 or by calling
(202) 260-2740.
Today's amendments to the RCRA air rules should have only a minor
impact on the information collection burden estimates made previously,
and that impact is expected to be a reduction. The changes consist of
new definitions, alternative test procedures, clarifications of
requirements, and additional compliance options. The changes are not
additional requirements, but rather, are reductions in previously
published requirements. The overall information-keeping requirements in
the rule are being reduced. Consequently, the ICR has not been revised.
C. Executive Order 12866 Review
Under Executive Order 12866, the EPA must determine whether the
proposed regulatory action is ``significant'' and, therefore, subject
to the OMB review and the requirements of the Executive Order. The
Order defines ``significant'' regulatory action as one that is likely
to lead to 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 in 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.
The RCRA Subpart CC air rules published on December 6, 1994, were
considered significant under Executive Order 12866, and a regulatory
impact analysis (RIA) was prepared. The amendments published today
clarify the rule, provide more compliance alternatives, make certain
regulatory provisions more lenient, and correct structural problems
with the drafting of some sections. The OMB has evaluated this action,
and determined it to be non-significant; thus it did not require their
review.
D. Regulatory Flexibility Act
Pursuant to section 605(b) of the Regulatory Flexibility Act, 5
U.S.C. 605(b), as amended, Pub. L. 104-121, 110 Stat. 847, the EPA
certifies that this rule will not have a significant economic impact on
a substantial number of small entities and therefore no initial
regulatory flexibility analysis under section 604(a) of the Act is
required. For the reasons discussed in the December 6, 1994 Federal
Register (59 FR 62923), this rule does not have a significant impact on
a substantial number of small entities. The changes to the rule do not
add new control requirements to the December 1994 rule. The amendments
in fact reduce the already-existing requirements. Therefore, the
amendments are also not considered significant.
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2) given that it amends the rule published in 1994 to reduce
the extent of regulation.
E. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), 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.
VI. Legal Authority
These regulations are amended under the authority of sections 2002,
3001-3007, 3010, and 7004 of the Solid Waste Disposal Act of 1970, as
amended by RCRA, as amended (42 U.S.C. 6921-6927, 6930, and 6974).
List of Subjects
40 CFR Part 261
Environmental protection, Air pollution control.
40 CFR Part 262
Air pollution control, Packaging and containers, Tank.
40 CFR Parts 264 and 265
Environmental protection, Air pollution control, Control device,
Hazardous waste, Inspection, Monitoring, Packaging and containers,
Reporting and recordkeeping requirements, Surface impoundment, Tank,
TSDF, Waste determination.
[[Page 59950]]
40 CFR Part 270
Administrative practice and procedure, Air pollution, Confidential
business information, Hazardous waste, Permit modification, Reporting
and recordkeeping requirements.
Dated: October 4, 1996.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, title 40, chapter I, parts
261, 262, 264, 265, 270, and 271 of the Code of Federal Regulations are
amended as follows:
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
1a. The authority citation for part 261 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938.
1b. Section 261.6 is amended by revising paragraph (c)(1) to read
as follows:
Sec. 261.6 Requirements for recyclable materials.
* * * * *
(c)(1) Owners and operators of facilities that store recyclable
materials before they are recycled are regulated under all applicable
provisions of subparts A though L, AA, BB, and CC of parts 264 and 265,
and under parts 124, 266, 268, and 270 of this chapter and the
notification requirements under section 3010 of RCRA, except as
provided in paragraph (a) of this section. (The recycling process
itself is exempt from regulation except as provided in Sec. 261.6(d).)
* * * * *
PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
1c. The authority citation for part 262 continues to read as
follows:
Authority: 42 U.S.C. 6906, 6912, 6922, 6923, 6925, 6937 and
6938, unless otherwise noted.
2. Section 262.34 is amended by revising paragraphs (a)(1)(i) and
(a)(1)(ii) to read as follows:
Sec. 262.34 Accumulation time.
(a) * * *
(1) * * *
(i) In containers and the generator complies with subpart I of 40
CFR part 265; and/or
(ii) In tanks and the generator complies with subpart J of 40 CFR
part 265, except Secs. 265.197(c) and 265.200; and/or
* * * * *
PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
3. The authority citation for part 264 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6924 and 6925.
Subpart I--Use and Management of Containers
4. Section 264.179 is revised to read as follows:
Sec. 264.179 Air emission standards.
The owner or operator shall manage all hazardous waste placed in a
container in accordance with the applicable requirements of subparts
AA, BB, and CC of this part.
Subpart J--Tank Systems
5. Section 264.200 is revised to read as follows:
Sec. 264.200 Air emission standards.
The owner or operator shall manage all hazardous waste placed in a
tank in accordance with the applicable requirements of subparts AA, BB,
and CC of this part.
Subpart K--Surface Impoundments
6. Section 264.232 is revised to read as follows:
Sec. 264.232 Air emission standards.
The owner or operator shall manage all hazardous waste placed in a
surface impoundment in accordance with the applicable requirements of
subparts BB and CC of this part.
Subpart AA--Air Emission Standards for Process Vents
7. Section 264.1030 is amended by revising paragraph (b); and
removing the refererence ``262.34'' from the note at the end of the
section to read as follows:
Sec. 264.1030 Applicability.
* * * * *
(b) Except for Sec. 264.1034, paragraphs (d) and (e), this subpart
applies to process vents associated with distillation, fractionation,
thin-film evaporation, solvent extraction, or air or steam stripping
operations that manage hazardous wastes with organic concentrations of
at least 10 ppmw, if these operations are conducted in one of the
following:
(1) A unit that is subject to the permitting requirements of 40 CFR
part 270, or
(2) A unit (including a hazardous waste recycling unit) that is not
exempt from permitting under the provisions of 40 CFR 262.34(a) (i.e.,
a hazardous waste recycling unit that is not a 90-day tank or
container) and that is located at a hazardous waste management facility
otherwise subject to the permitting requirements of 40 CFR part 270, or
(3) A unit that is exempt from permitting under the provisions of
40 CFR 262.34(a) (i.e., a 90-day tank or container).
* * * * *
8. Section 264.1033 is amended by revising paragraph (f)(2)(vi)(B);
redesignating paragraphs (l) and (m) as paragraphs (m) and (n) and
revising the newly designated paragraph (n); by revising paragraph (k);
and by adding paragraphs (l) and (o) to read as follows:
Sec. 264.1033 Standards: Closed-vent systems and control devices
* * * * *
(f) * * *
(2) * * *
(vi) * * *
(B) A temperature monitoring device equipped with a continuous
recorder. The device shall be capable of monitoring temperature with an
accuracy of 1 percent of the temperature being monitored in
degrees Celsius ( deg.C) or 0.5 deg.C, whichever is
greater. The temperature sensor shall be installed at a location in the
exhaust vent stream from the condenser exit (i.e., product side).
* * * * *
(k) A closed-vent system shall meet either of the following design
requirements:
(1) A closed-vent system shall be designed to operate with no
detectable emissions, as indicated by an instrument reading of less
than 500 ppmv above background as determined by the procedure in
Sec. 264.1034(b) of this subpart, and by visual inspections; or
(2) A closed-vent system shall be designed to operate at a pressure
below atmospheric pressure. The system shall be equipped with at least
one pressure gauge 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.
(l) The owner or operator shall monitor and inspect each closed-
vent system required to comply with this section to ensure proper
operation and maintenance of the closed-vent system by implementing the
following requirements:
(1) Each closed-vent system that is used to comply with paragraph
(k)(1) of
[[Page 59951]]
this section shall be inspected and monitored in accordance with the
following requirements:
(i) An initial leak detection monitoring of the closed-vent system
shall be conducted by the owner or operator on or before the date that
the system becomes subject to this section. The owner or operator shall
monitor the closed-vent system components and connections using the
procedures specified in Sec. 264.1034(b) of this subpart to demonstrate
that the closed-vent system operates with no detectable emissions, as
indicated by an instrument reading of less than 500 ppmv above
background.
(ii) After initial leak detection monitoring required in paragraph
(l)(1)(i) of this section, 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 pollutant emissions. The owner or operator
shall monitor a component or connection using the procedures specified
in Sec. 264.1034(b) of this subpart to demonstrate that it operates
with no detectable 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 (l)(1)(ii)(A) of this section shall be monitored
annually and at other times as requested by the Regional Administrator,
except as provided for in paragraph (o) of this section, using the
procedures specified in Sec. 264.1034(b) of this subpart to demonstrate
that the components or connections operate with no detectable
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 (l)(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. 264.1035 of this subpart.
(2) Each closed-vent system that is used to comply with paragraph
(k)(2) of this section 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 pollutant
emissions. Defects include, but are not limited to, visible cracks,
holes, or gaps in ductwork or piping or loose connections.
(ii) The owner or operator shall perform an initial inspection of
the closed-vent system on or before the date that the system becomes
subject to this section. Thereafter, the owner or operator shall
perform the inspections at least once every year.
(iii) In the event that a defect or leak is detected, the owner or
operator shall repair the defect in accordance with the requirements of
paragraph (l)(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. 264.1035 of this subpart.
(3) The owner or operator shall repair all detected defects as
follows:
(i) Detectable emissions, as indicated by visual inspection, or by
an instrument reading greater than 500 ppmv above background, shall be
controlled as soon as practicable, but not later than 15 calendar days
after the emission is detected, except as provided for in paragraph
(l)(3)(iii) of this section.
(ii) A first attempt at repair shall be made no later than 5
calendar days after the emission is detected.
(iii) Delay of repair of a closed-vent system for which leaks have
been detected is allowed if the repair is technically infeasible
without a process unit shutdown, or if the owner or operator determines
that emissions resulting from immediate repair would be greater than
the fugitive emissions likely to result from delay of repair. Repair of
such equipment shall be completed by the end of the next process unit
shutdown.
(iv) The owner or operator shall maintain a record of the defect
repair in accordance with the requirements specified in Sec. 264.1035
of this subpart.
(m) Closed-vent systems and control devices used to comply with
provisions of this subpart shall be operated at all times when
emissions may be vented to them.
(n) The owner or operator using a carbon adsorption system to
control air pollutant emissions shall document that all carbon that is
a hazardous waste and that is removed from the control device is
managed in one of the following manners, regardless of the average
volatile organic concentration of the carbon:
(1) Regenerated or reactivated in a thermal treatment unit that
meets one of the following:
(i) The owner or operator of the unit has been issued a final
permit under 40 CFR part 270 which implements the requirements of
subpart X of this part; or
(ii) The unit is equipped with and operating air emission controls
in accordance with the applicable requirements of subparts AA and CC of
either this part or of 40 CFR part 265; or
(iii) The unit is equipped with and operating air emission controls
in accordance with a national emission standard for hazardous air
pollutants under 40 CFR part 61 or 40 CFR part 63.
(2) Incinerated in a hazardous waste incinerator for which the
owner or operator either:
(i) Has been issued a final permit under 40 CFR part 270 which
implements the requirements of subpart O of this part; or
(ii) Has designed and operates the incinerator in accordance with
the interim status requirements of 40 CFR part 265, subpart O.
(3) Burned in a boiler or industrial furnace for which the owner or
operator either:
(i) Has been issued a final permit under 40 CFR part 270 which
implements the requirements of 40 CFR part 266, subpart H; or
(ii) Has designed and operates the boiler or industrial furnace in
accordance with the interim status requirements of 40 CFR part 266,
subpart H.
(o) Any components of a closed-vent system that are designated, as
described in Sec. 264.1035(c)(9) of this subpart, as unsafe to monitor
are exempt from the requirements of paragraph (l)(1)(ii)(B) of this
section if:
(1) The owner or operator of the closed-vent system determines that
the components of the closed-vent system are unsafe to monitor because
monitoring personnel would be exposed to an immediate danger as a
consequence of complying with paragraph (l)(1)(ii)(B) of this section;
and
(2) The owner or operator of the closed-vent system adheres to a
written plan that requires monitoring the closed-vent system components
using the procedure specified in paragraph (l)(1)(ii)(B) of this
section as frequently as practicable during safe-to-monitor times.
9. Section 264.1034 is amended by revising paragraph (b),
introductory text, to read as follows:
Sec. 264.1034 Test methods and procedures.
* * * * *
(b) When a closed-vent system is tested for compliance with no
detectable
[[Page 59952]]
emissions, as required in Sec. 264.1033(l) of this subpart, the test
shall comply with the following requirements:
* * * * *
10. Section 264.1035 is amended by adding paragraphs (c)(9) and
(c)(10) and revising paragraph (d) to read as follows:
Sec. 264.1035 Recordkeeping requirements.
* * * * *
(c) * * *
(9) An owner or operator designating any components of a closed-
vent system as unsafe to monitor pursuant to Sec. 264.1033(o) of this
subpart shall record in a log that is kept in the facility operating
record the identification of closed-vent system components that are
designated as unsafe to monitor in accordance with the requirements of
Sec. 264.1033(o) of this subpart, an explanation for each closed-vent
system component stating why the closed-vent system component is unsafe
to monitor, and the plan for monitoring each closed-vent system
component.
(10) When each leak is detected as specified in Sec. 264.1033(l) of
this subpart, the following information shall be recorded:
(i) The instrument identification number, the closed-vent system
component identification number, and the operator name, initials, or
identification number.
(ii) The date the leak was detected and the date of first attempt
to repair the leak.
(iii) The date of successful repair of the leak.
(iv) Maximum instrument reading measured by Method 21 of 40 CFR
part 60, appendix A after it is successfully repaired or determined to
be nonrepairable.
(v) ``Repair delayed'' and the reason for the delay if a leak is
not repaired within 15 calendar days after discovery of the leak.
(A) The owner or operator may develop a written procedure that
identifies the conditions that justify a delay of repair. In such
cases, reasons for delay of repair may be documented by citing the
relevant sections of the written procedure.
(B) If delay of repair was caused by depletion of stocked parts,
there must be documentation that the spare parts were sufficiently
stocked on-site before depletion and the reason for depletion.
(d) Records of the monitoring, operating, and inspection
information required by paragraphs (c)(3) through (c)(10) of this
section shall be maintained by the owner or operator for at least 3
years following the date of each occurrence, measurement, maintenance,
corrective action, or record.
* * * * *
Subpart BB--Air Emission Standards for Equipment Leaks
11. Section 264.1050 is amended by revising paragraph (b), adding
paragraph (f), and by removing the reference ``262.34'' from the note
at the end of the section to read as follows:
Sec. 264.1050 Applicability.
* * * * *
(b) Except as provided in Sec. 264.1064(k), this subpart applies to
equipment that contains or contacts hazardous wastes with organic
concentrations of at least 10 percent by weight that are managed in one
of the following:
(1) A unit that is subject to the permitting requirements of 40 CFR
part 270, or
(2) A unit (including a hazardous waste recycling unit) that is not
exempt from permitting under the provisions of 40 CFR 262.34(a) (i.e.,
a hazardous waste recycling unit that is not a ``90-day'' tank or
container) and that is located at a hazardous waste management facility
otherwise subject to the permitting requirements of 40 CFR part 270, or
(3) A unit that is exempt from permitting under the provisions of
40 CFR 262.34(a) (i.e., a ``90-day'' tank or container).
* * * * *
(f) Equipment that contains or contacts hazardous waste with an
organic concentration of at least 10 percent by weight for a period of
less than 300 hours per calendar year is excluded from the requirements
of Secs. 264.1052 through 264.1060 of this subpart if it is identified
as required in Sec. 264.1064(g)(6) of this subpart.
12. Section 264.1055 is revised to read as follows:
Sec. 264.1055 Standards: Sampling connection systems.
(a) Each sampling connection system shall be equipped with a
closed-purge, closed-loop, or closed-vent system. This system shall
collect the sample purge for return to the process or for routing to
the appropriate treatment system. Gases displaced during filling of the
sample container are not required to be collected or captured.
(b) Each closed-purge, closed-loop, or closed-vent system as
required in paragraph (a) of this section shall meet one of the
following requirements:
(1) Return the purged process fluid directly to the process line;
(2) Collect and recycle the purged process fluid; or
(3) Be designed and operated to capture and transport all the
purged process fluid to a waste management unit that complies with the
applicable requirements of Sec. 264.1084 through Sec. 264.1086 of this
subpart or a control device that complies with the requirements of
Sec. 264.1060 of this subpart.
(c) In-situ sampling systems and sampling systems without purges
are exempt from the requirements of paragraphs (a) and (b) of this
section.
13. Section 264.1058 is amended by adding paragraph (e) to read as
follows:
Sec. 264.1058 Standards: Pumps and valves in heavy liquid service,
pressure relief devices in light liquid or heavy liquid service, and
flanges and other connectors.
* * * * *
(e) Any connector that is inaccessible or is ceramic or ceramic-
lined (e.g., porcelain, glass, or glass-lined) is exempt from the
monitoring requirements of paragraph (a) of this section and from the
recordkeeping requirements of Sec. 264.1064 of this subpart.
14. Section 264.1064 is amended by adding paragraph (g)(6) to read
as follows:
Sec. 264.1064 Recordkeeping requirements.
* * * * *
(g) * * *
(6) Identification, either by list or location (area or group) of
equipment that contains or contacts hazardous waste with an organic
concentration of at least 10 percent by weight for a period of less
than 300 hours per year.
* * * * *
Subpart CC--Air Emission Standards for Tanks, Surface Impoundments,
and Containers
15. Section 264.1080 is amended by adding paragraphs (b)(7) and
(b)(8) to read as follows:
Sec. 264.1080 Applicability.
* * * * *
(b) * * *
(7) A hazardous waste management unit that the owner or operator
certifies is equipped with and operating air emission controls in
accordance with the requirements of an applicable Clean Air Act
regulation codified under 40 CFR part 60, part 61, or part 63. For the
purpose of complying with this paragraph, a tank for which the air
emission control includes an enclosure, as opposed to a cover, must be
in compliance with the enclosure and control device requirements of
[[Page 59953]]
Sec. 264.1084(i), except as provided in Sec. 264.1082(c)(5).
(8) A tank that has a process vent as defined in 40 CFR 264.1031.
* * * * *
16. Section 264.1082 is revised to read as follows:
Sec. 264.1082 Standards: General.
(a) This section applies to the management of hazardous waste in
tanks, surface impoundments, and containers subject to this subpart.
(b) The owner or operator shall control air pollutant emissions
from each waste management unit in accordance with standards specified
in Sec. 264.1084 through Sec. 264.1087 of this subpart, as applicable
to the waste management unit, except as provided for in paragraph (c)
of this section.
(c) A tank, surface impoundment, or container is exempt from
standards specified in Sec. 264.1084 through Sec. 264.1087 of this
subpart, as applicable, provided that the waste management unit is one
of the following:
(1) A tank, surface impoundment, or container for which all
hazardous waste entering the unit has an average VO concentration at
the point of waste origination of less than 500 parts per million by
weight (ppmw). The average VO concentration shall be determined using
the procedures specified in Sec. 264.1083(a) of this subpart. 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 hazardous waste streams entering the unit.
(2) A tank, surface impoundment, or container for which the organic
content of all the hazardous waste entering the waste management unit
has been reduced by an organic destruction or removal process that
achieves any one of the following conditions:
(i) A process that removes or destroys the organics contained in
the hazardous waste to a level such that the average VO concentration
of the hazardous waste at the point of waste treatment is less than the
exit concentration limit (Ct) established for the process. The
average VO concentration of the hazardous waste at the point of waste
treatment and the exit concentration limit for the process shall be
determined using the procedures specified in Sec. 264.1083(b) of this
subpart.
(ii) A process that removes or destroys the organics contained in
the hazardous waste to a level such that the organic reduction
efficiency (R) for the process is equal to or greater than 95 percent,
and the average VO concentration of the hazardous waste at the point of
waste treatment is less than 100 ppmw. The organic reduction efficiency
for the process and the average VO concentration of the hazardous waste
at the point of waste treatment shall be determined using the
procedures specified in Sec. 264.1083(b) of this subpart.
(iii) A process that removes or destroys the organics contained in
the hazardous waste to a level such that the actual organic mass
removal rate (MR) for the process is equal to or greater than the
required organic mass removal rate (RMR) established for the process.
The required organic mass removal rate and the actual organic mass
removal rate for the process shall be determined using the procedures
specified in Sec. 264.1083(b) of this subpart.
(iv) A biological process that destroys or degrades the organics
contained in the hazardous waste, such that either of the following
conditions is met:
(A) The organic reduction efficiency (R) for the process is equal
to or greater than 95 percent, and the organic biodegradation
efficiency (Rbio) for the process is equal to or greater than 95
percent. The organic reduction efficiency and the organic
biodegradation efficiency for the process shall be determined using the
procedures specified in Sec. 264.1083(b) of this subpart.
(B) The total actual organic mass biodegradation rate (MRbio)
for all hazardous waste treated by the process is equal to or greater
than the required organic mass removal rate (RMR). The required organic
mass removal rate and the actual organic mass biodegradation rate for
the process shall be determined using the procedures specified in
Sec. 264.1083(b) of this subpart.
(v) A process that removes or destroys the organics contained in
the hazardous waste and meets all of the following conditions:
(A) From the point of waste origination through the point where the
hazardous waste enters the treatment process, the hazardous waste is
managed continuously in waste management units which use air emission
controls in accordance with the standards specified in Sec. 264.1084
through Sec. 264.1087 of this subpart, as applicable to the waste
management unit.
(B) From the point of waste origination through the point where the
hazardous waste enters the treatment process, any transfer of the
hazardous waste is accomplished through continuous hard-piping or other
closed system transfer that does not allow exposure of the waste to the
atmosphere. The EPA considers a drain system that meets the
requirements of 40 CFR part 63, subpart RR--National Emission Standards
for Individual Drain Systems to be a closed system.
(C) The average VO concentration of the hazardous waste at the
point of waste treatment is less than the lowest average VO
concentration at the point of waste origination determined for each of
the individual waste streams entering the process or 500 ppmw,
whichever value is lower. The average VO concentration of each
individual waste stream at the point of waste origination shall be
determined using the procedures specified in Sec. 264.1083(a) of this
subpart. The average VO concentration of the hazardous waste at the
point of waste treatment shall be determined using the procedures
specified in Sec. 264.1083(b) of this subpart.
(vi) A process that removes or destroys the organics contained in
the hazardous waste to a level such that the organic reduction
efficiency (R) for the process is equal to or greater than 95 percent
and the owner or operator certifies that the average VO concentration
at the point of waste origination for each of the individual waste
streams entering the process is less than 10,000 ppmw. The organic
reduction efficiency for the process and the average VO concentration
of the hazardous waste at the point of waste origination shall be
determined using the procedures specified in Sec. 264.1083(b) and
Sec. 264.1083(a) of this subpart, respectively.
(vii) A hazardous waste incinerator for which the owner or operator
has either:
(A) Been issued a final permit under 40 CFR part 270 which
implements the requirements of subpart O of this part; or
(B) Has designed and operates the incinerator in accordance with
the interim status requirements of 40 CFR part 265, subpart O.
(viii) A boiler or industrial furnace for which the owner or
operator has either:
(A) Been issued a final permit under 40 CFR part 270 which
implements the requirements of 40 CFR part 266, subpart H, or
(B) Has designed and operates the boiler or industrial furnace in
accordance with the interim status requirements of 40 CFR part 266,
subpart H.
(ix) For the purpose of determining the performance of an organic
destruction or removal process in accordance with the conditions in
each of paragraphs (c)(2)(i) through (c)(2)(vi) of this section, the
owner or operator shall account for VO concentrations
[[Page 59954]]
determined to be below the limit of detection of the analytical method
by using the following VO concentration:
(A) If Method 25D in 40 CFR part 60, appendix A is used for the
analysis, one-half the blank value determined in the method.
(B) If any other analytical method is used, one-half the limit of
detection established for the method.
(3) A tank used for biological treatment of hazardous waste in
accordance with the requirements of paragraph (c)(2)(iv) of this
section.
(4) A tank, surface impoundment, or container for which all
hazardous waste placed in the unit either:
(i) Meets the numerical concentration limits for organic hazardous
constituents, applicable to the hazardous waste, as specified in 40 CFR
part 268--Land Disposal Restrictions under Table ``Treatment Standards
for Hazardous Waste'' in 40 CFR 268.40; or
(ii) Has been treated by the treatment technology established by
EPA for the waste in 40 CFR 268.42(a), or treated by an equivalent
method of treatment approved by EPA pursuant to 40 CFR 268.42(b).
(5) A tank used for bulk feed of hazardous waste to a waste
incinerator and 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 November 25, 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 or electrical equipment; or to direct air flow 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.
(d) The Regional Administrator may at any time perform or request
that the owner or operator perform a waste determination for a
hazardous waste managed in a tank, surface impoundment, or container
exempted from using air emission controls under the provisions of this
section as follows:
(1) The waste determination for average VO concentration of a
hazardous waste at the point of waste origination shall be performed
using direct measurement in accordance with the applicable requirements
of Sec. 264.1083(a) of this subpart. The waste determination for a
hazardous waste at the point of waste treatment shall be performed in
accordance with the applicable requirements of Sec. 264.1083(b) of this
subpart.
(2) In performing a waste determination pursuant to paragraph
(d)(1) of this section, the sample preparation and analysis shall be
conducted as follows:
(i) In accordance with the method used by the owner or operator to
perform the waste analysis, except in the case specified in paragraph
(d)(2)(ii) of this section.
(ii) If the Regional Administrator determines that the method used
by the owner or operator was not appropriate for the hazardous waste
managed in the tank, surface impoundment, or container, then the
Regional Administrator may choose an appropriate method.
(3) In a case when the owner or operator is requested to perform
the waste determination, the Regional Administrator may elect to have
an authorized representative observe the collection of the hazardous
waste samples used for the analysis.
(4) In a case when the results of the waste determination performed
or requested by the Regional Administrator do not agree with the
results of a waste determination performed by the owner or operator
using knowledge of the waste, then the results of the waste
determination performed in accordance with the requirements of
paragraph (d)(1) of this section shall be used to establish compliance
with the requirements of this subpart.
(5) In a case when the owner or operator has used an averaging
period greater than 1 hour for determining the average VO concentration
of a hazardous waste at the point of waste origination, the Regional
Administrator may elect to establish compliance with this subpart by
performing or requesting that the owner or operator perform a waste
determination using direct measurement based on waste samples collected
within a 1-hour period as follows:
(i) The average VO concentration of the hazardous waste at the
point of waste origination shall be determined by direct measurement in
accordance with the requirements of Sec. 264.1083(a) of this subpart.
(ii) Results of the waste determination performed or requested by
the Regional Administrator showing that the average VO concentration of
the hazardous waste at the point of waste origination is equal to or
greater than 500 ppmw shall constitute noncompliance with this subpart
except in a case as provided for in paragraph (d)(5)(iii) of this
section.
(iii) For the case when the average VO concentration of the
hazardous waste at the point of waste origination previously has been
determined by the owner or operator using an averaging period greater
than 1 hour to be less than 500 ppmw but because of normal operating
process variations the VO concentration of the hazardous waste
determined by direct measurement for any given 1-hour period may be
equal to or greater than 500 ppmw, information that was used by the
owner or operator to determine the average VO concentration of the
hazardous waste (e.g., test results, measurements, calculations, and
other documentation) and recorded in the facility records in accordance
with the requirements of Sec. 264.1083(a) and Sec. 264.1089 of this
subpart shall be considered by the Regional Administrator together with
the results of the waste determination performed or requested by the
Regional Administrator in establishing compliance with this subpart.
17. Section 264.1083 is revised to read as follows:
Sec. 264.1083 Waste determination procedures.
(a) Waste determination procedure to determine average volatile
organic (VO) concentration of a hazardous waste at the point of waste
origination.
(1) An owner or operator shall determine the average VO
concentration at the point of waste origination for each hazardous
waste placed in a waste management unit exempted under the provisions
of Sec. 264.1082(c)(1) of this subpart from using air emission controls
in accordance with standards specified in Sec. 264.1084 through
Sec. 264.1087 of this subpart, as applicable to the waste management
unit.
(2) The average VO concentration of a hazardous waste at the point
of waste origination may be determined in accordance with the
procedures
[[Page 59955]]
specified in 40 CFR 265.1084 (a)(2) through (a)(4).
(b) Waste determination procedures for treated hazardous waste.
(1) An owner or operator shall perform the applicable waste
determination for each treated hazardous waste placed in a waste
management unit exempted under the provisions of Sec. 264.1082(c)(2) of
this subpart from using air emission controls in accordance with
standards specified in Sec. 264.1084 through Sec. 264.1087 of this
subpart, as applicable to the waste management unit.
(2) The waste determination for a treated hazardous waste shall be
performed in accordance with the procedures specified in 40 CFR
265.1084 (b)(2) through (b)(9), as applicable to the treated hazardous
waste.
(c) Procedure to determine the maximum organic vapor pressure of a
hazardous waste in a tank.
(1) An owner or operator shall determine the maximum organic vapor
pressure for each hazardous waste placed in a tank using Tank Level 1
controls in accordance with standards specified in Sec. 264.1084(c) of
this subpart.
(2) The maximum organic vapor pressure of the hazardous waste may
be determined in accordance with the procedures specified in 40 CFR
265.1084 (c)(2) through (c)(4).
(d) The procedure for determining no detectable organic emissions
for the purpose of complying with this subpart shall be conducted in
accordance with the procedures specified in 40 CFR 265.1084(d).
18. Section 264.1084 is revised to read as follows:
Sec. 264.1084 Standards: Tanks.
(a) The provisions of this section apply to the control of air
pollutant emissions from tanks for which Sec. 264.1082(b) of this
subpart references the use of this section for such air emission
control.
(b) The owner or operator shall control air pollutant emissions
from each tank subject to this section in accordance with the following
requirements as applicable:
(1) For a tank that manages hazardous waste that meets all of the
conditions specified in paragraphs (b)(1)(i) through (b)(1)(iii) of
this section, the owner or operator shall control air pollutant
emissions from the tank in accordance with the Tank Level 1 controls
specified in paragraph (c) of this section or the Tank Level 2 controls
specified in paragraph (d) of this section.
(i) The hazardous waste in the tank has a maximum organic vapor
pressure which is less than the maximum organic vapor pressure limit
for the tank's design capacity category as follows:
(A) For a tank design capacity equal to or greater than 151 m\3\,
the maximum organic vapor pressure limit for the tank is 5.2 kPa.
(B) For a tank design capacity equal to or greater than 75 m\3\ but
less than 151 m\3\, the maximum organic vapor pressure limit for the
tank is 27.6 kPa.
(C) For a tank design capacity less than 75 m\3\, the maximum
organic vapor pressure limit for the tank is 76.6 kPa.
(ii) The hazardous waste in the tank is not heated by the owner or
operator to a temperature that is greater than the temperature at which
the maximum organic vapor pressure of the hazardous waste is determined
for the purpose of complying with paragraph (b)(1)(i) of this section.
(iii) The hazardous waste in the tank is not treated by the owner
or operator using a waste stabilization process, as defined in 40 CFR
265.1081.
(2) For a tank that manages hazardous waste that does not meet all
of the conditions specified in paragraphs (b)(1)(i) through (b)(1)(iii)
of this section, the owner or operator shall control air pollutant
emissions from the tank by using Tank Level 2 controls in accordance
with the requirements of paragraph (d) of this section. Examples of
tanks required to use Tank Level 2 controls include: A tank used for a
waste stabilization process; and a tank for which the hazardous waste
in the tank has a maximum organic vapor pressure that is equal to or
greater than the maximum organic vapor pressure limit for the tank's
design capacity category as specified in paragraph (b)(1)(i) of this
section.
(c) Owners and operators controlling air pollutant emissions from a
tank using Tank Level 1 controls shall meet the requirements specified
in paragraphs (c)(1) through (c)(4) of this section:
(1) The owner or operator shall determine the maximum organic vapor
pressure for a hazardous waste to be managed in the tank using Tank
Level 1 controls before the first time the hazardous waste is placed in
the tank. The maximum organic vapor pressure shall be determined using
the procedures specified in Sec. 264.1083(c) of this subpart.
Thereafter, the owner or operator shall perform a new determination
whenever changes to the hazardous waste managed in the tank could
potentially cause the maximum organic vapor pressure to increase to a
level that is equal to or greater than the maximum organic vapor
pressure limit for the tank design capacity category specified in
paragraph (b)(1)(i) of this section, as applicable to the tank.
(2) The tank shall be equipped with a fixed roof designed to meet
the following specifications:
(i) The fixed roof and its closure devices shall be designed to
form a continuous barrier over the entire surface area of the hazardous
waste 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).
(ii) 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.
(iii) Each opening in the fixed roof shall be either:
(A) 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
(B) 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 it shall be operating whenever hazardous waste is managed
in the tank.
(iv) The fixed roof and its closure devices shall be made of
suitable materials that will minimize exposure of the hazardous waste
to the atmosphere, to the extent practical, and will maintain the
integrity of the fixed roof and closure devices throughout their
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 hazardous waste 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.
(3) Whenever a hazardous waste is in the tank, the fixed roof shall
be installed with each closure device secured in the closed position
except as follows:
(i) 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
[[Page 59956]]
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.
(B) To remove accumulated sludge or other residues from the bottom
of tank.
(ii) 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, ignitable,
explosive, reactive, or hazardous materials. Examples of normal
operating conditions that may require these devices to open are during
those times when the tank internal pressure exceeds the internal
pressure operating range for the tank as a result of loading operations
or diurnal ambient temperature fluctuations.
(iii) Opening of a safety device, as defined in 40 CFR 265.1081, is
allowed at any time conditions require doing so to avoid an unsafe
condition.
(4) The owner or operator shall inspect the air emission control
equipment 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 pollutant 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.
(ii) The owner or operator shall perform an initial inspection of
the fixed roof and its closure devices on or before the date that the
tank becomes subject to this section. Thereafter, the owner or operator
shall perform the inspections at least once every year except under the
special conditions provided for in paragraph (l) of this section.
(iii) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (k) of this section.
(iv) The owner or operator shall maintain a record of the
inspection in accordance with the requirements specified in
Sec. 264.1089(b) of this subpart.
(d) Owners and operators controlling air pollutant 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 controls air pollutant 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 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 40 CFR 265.1081; 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 completed 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 space 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 as follows:
(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 pollutant 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
[[Page 59957]]
hazardous waste surface 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 in paragraph (e)(3)(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.
(iii) As an alternative to performing the inspections specified in
paragraph (e)(3)(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.
(iv) Prior to each inspection required by paragraph (e)(3)(ii) or
(e)(3)(iii) of this section, the owner or operator shall notify the
Regional Administrator in advance of each inspection to provide the
Regional Administrator with the opportunity to have an observer present
during the inspection. The owner or operator shall notify the Regional
Administrator of the date and location of the inspection as follows:
(A) Prior to each visual inspection of an internal 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 Regional Administrator at least 30 calendar days before refilling
the tank except when an inspection is not planned as provided for in
paragraph (e)(3)(iv)(B) of this section.
(B) 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
Regional 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 Regional Administrator at least 7 calendar
days before refilling the tank.
(v) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (k) of this section.
(vi) The owner or operator shall maintain a record of the
inspection in accordance with the requirements specified in
Sec. 264.1089(b) of this subpart.
(f) The owner or operator who controls air pollutant emissions from
a tank 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 40 CFR 265.1081. The total area of the gaps
between the tank wall and the primary seal shall not exceed 212 square
centimeters (cm2) 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 (cm2) 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 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 well shall be equipped
with a cover designed to be bolted or fastened when the cover is
secured in the closed position.
(D) Each automatic bleeder vent and each rim space vent 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 liquid 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 completed 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
[[Page 59958]]
the annular space between the external floating roof and the wall of
the tank in a continuous fashion except during inspections.
(3) The owner or operator shall inspect the external floating roof
in accordance with the procedures specified as follows:
(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 calendar days
after initial operation of the tank following installation of the
floating roof and, thereafter, at least once every 5 years.
(B) The owner or operator shall perform measurements of gaps
between the tank wall and the secondary seal within 60 calendar days
after initial operation of the tank following installation of the
floating roof and, thereafter, at least once every year.
(C) If a tank ceases to hold hazardous waste for a period of 1 year
or more, subsequent introduction of hazardous waste into the tank shall
be considered an initial operation for the purposes of paragraphs
(f)(3)(i)(A) and (f)(3)(i)(B) of this section.
(D) The owner or operator 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 (f)(3) 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
compared to the respective standards for the seal type as specified in
paragraph (f)(1)(ii) of this section.
(E) In the event that the seal gap measurements do not conform to
the specifications in paragraph (f)(1)(ii) of this section, the owner
or operator shall repair the defect in accordance with the requirements
of paragraph (k) of this section.
(F) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 264.1089(b) 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 pollutant 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 an initial inspection of
the external floating roof and its closure devices on or before the
date that the tank becomes subject to this section. Thereafter, the
owner or operator shall perform the inspections at least once every
year except for the special conditions provided for in paragraph (l) of
this section.
(C) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (k) of this section.
(D) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 264.1089(b) of
this subpart.
(iii) Prior to each inspection required by paragraph (f)(3)(i) or
(f)(3)(ii) of this subpart, the owner or operator shall notify the
Regional Administrator in advance of each inspection to provide the
Regional Administrator with the opportunity to have an observer present
during the inspection. The owner or operator shall notify the Regional
Administrator of the date and location of the inspection as follows:
(A) Prior to each inspection to measure external floating roof seal
gaps as required under paragraph (f)(3)(i) of this section, written
notification shall be prepared and sent by the owner or operator so
that it is received by the Regional Administrator at least 30 calendar
days before the date the measurements are scheduled to be performed.
(B) Prior to each visual inspection of an 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 Regional Administrator at least 30 calendar days before refilling
the tank except when an inspection is not planned as provided for in
paragraph (f)(3)(iii)(C) of this section.
(C) 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
Regional 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 Regional Administrator at least 7 calendar
days before refilling the tank.
(g) The owner or operator who controls air pollutant emissions from
a tank by venting the tank 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.
[[Page 59959]]
(iii) The fixed roof and its closure devices shall be made of
suitable materials that will minimize exposure of the hazardous waste
to the atmosphere, to the extent practical, and will maintain the
integrity of the fixed roof and closure devices throughout their
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. 264.1087 of
this subpart.
(2) Whenever a hazardous waste 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 a tank.
(ii) Opening of a safety device, as defined in 40 CFR 265.1081, is
allowed at any time conditions require doing so to avoid an unsafe
condition.
(3) The owner or operator shall inspect and monitor the air
emission control equipment in accordance with the following procedures:
(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 pollutant 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.
(ii) The closed-vent system and control device shall be inspected
and monitored by the owner or operator in accordance with the
procedures specified in Sec. 264.1087 of this subpart.
(iii) The owner or operator shall perform an initial inspection of
the air emission control equipment on or before the date that the tank
becomes subject to this section. Thereafter, the owner or operator
shall perform the inspections at least once every year except for the
special conditions provided for in paragraph (l) of this section.
(iv) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (k) of this section.
(v) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 264.1089(b) of
this subpart.
(h) The owner or operator who controls air pollutant 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 be equipped with closure devices
designed to operate with no detectable organic emissions as determined
using the procedure specified in Sec. 264.1083(d) of this subpart.
(3) Whenever a hazardous waste 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 a safety device, as defined in 40 CFR 265.1081, is
required to open to avoid an unsafe condition.
(i) The owner or operator who controls air pollutant 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 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. 264.1087 of this subpart.
(3) Safety devices, as defined in 40 CFR 265.1081, may be installed
and operated as necessary on any enclosure, closed-vent system, or
control device used to comply with the requirements of paragraphs
(i)(1) and (i)(2) of this section.
(4) The owner or operator shall inspect and monitor the closed-vent
system and control device as specified in Sec. 264.1087 of this
subpart.
(j) The owner or operator shall transfer hazardous waste to a tank
subject to this section in accordance with the following requirements:
(1) Transfer of hazardous waste, except as provided in paragraph
(j)(2) of this section, to the tank from another tank subject to this
section or from a surface impoundment subject to Sec. 264.1085 of this
subpart shall be conducted using continuous hard-piping or another
closed system that does not allow exposure of the hazardous waste to
the atmosphere. For the purpose of complying with this provision, an
individual drain system is considered to be a closed system when it
meets the requirements of 40 CFR part 63, subpart RR--National Emission
Standards for Individual Drain Systems.
(2) The requirements of paragraph (j)(1) of this section do not
apply when transferring a hazardous waste to the tank under any of the
following conditions:
(i) The hazardous waste meets the average VO concentration
conditions specified in Sec. 264.1082(c)(1) of this subpart at the
point of waste origination.
(ii) The hazardous waste has been treated by an organic destruction
or removal process to meet the requirements in Sec. 264.1082(c)(2) of
this subpart.
(k) The owner or operator shall repair each defect detected during
an inspection performed in accordance with the requirements of
paragraph (c)(4), (e)(3), (f)(3), or (g)(3) of this section as follows:
(1) The owner or operator shall make first efforts at repair of the
defect no later than 5 calendar days after
[[Page 59960]]
detection, and repair shall be completed as soon as possible but no
later than 45 calendar days after detection except as provided in
paragraph (k)(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
hazardous waste 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 hazardous waste managed in the tank stops
operation. Repair of the defect shall be completed before the process
or unit resumes operation.
(l) Following the initial inspection and monitoring of the cover as
required by the applicable provisions of this subpart, subsequent
inspection and monitoring may be performed at intervals longer than 1
year under the following special conditions:
(1) In the case when inspecting or monitoring the cover would
expose a worker to dangerous, hazardous, or other unsafe conditions,
then the owner or operator may designate a cover as an ``unsafe to
inspect and monitor cover'' and comply with all of the following
requirements:
(i) Prepare a written explanation for the cover stating the reasons
why the cover is unsafe to visually inspect or to monitor, if required.
(ii) Develop and implement a written plan and schedule to inspect
and monitor the cover, using the procedures specified in the applicable
section of this subpart, as frequently as practicable during those
times when a worker can safely access the cover.
(2) In the case when a tank is buried partially or entirely
underground, an owner or operator is required to inspect and monitor,
as required by the applicable provisions of this section, only those
portions of the tank cover and those connections to the tank (e.g.,
fill ports, access hatches, gauge wells, etc.) that are located on or
above the ground surface.
19. Section 264.1085 is revised to read as follows:
Sec. 264.1085 Standards: Surface impoundments.
(a) The provisions of this section apply to the control of air
pollutant emissions from surface impoundments for which
Sec. 264.1082(b) of this subpart references the use of this section for
such air emission control.
(b) The owner or operator shall control air pollutant emissions
from the surface impoundment by installing and operating either of the
following:
(1) A floating membrane cover in accordance with the provisions
specified in paragraph (c) of this section; or
(2) A cover that is vented through a closed-vent system to a
control device in accordance with the provisions specified in paragraph
(d) of this sections.
(c) The owner or operator who controls air pollutant emissions from
a surface impoundment using a floating membrane cover shall meet the
requirements specified in paragraphs (c)(1) through (c)(3) of this
section.
(1) The surface impoundment shall be equipped with a floating
membrane cover designed to meet the following specifications:
(i) 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.
(ii) The cover shall be fabricated from a synthetic membrane
material that is either:
(A) High density polyethylene (HDPE) with a thickness no less than
2.5 millimeters (mm); or
(B) 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 (c)(1)(ii)(A) of this section and
chemical and physical properties that maintain the material integrity
for the intended service life of the material.
(iii) 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.
(iv) Except as provided for in paragraph (c)(1)(v) 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.
(v) 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.
(vi) The closure devices shall be made of suitable materials that
will minimize exposure of the hazardous waste to the atmosphere, to the
extent practical, and will maintain the integrity of the closure
devices throughout their intended service life. Factors to be
considered when selecting the materials of construction 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.
(2) Whenever a hazardous waste 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:
(i) Opening of closure devices or removal of the cover is allowed
at the following times:
(A) 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.
(B) To remove accumulated sludge or other residues from the bottom
of surface impoundment.
(ii) Opening of a safety device, as defined in 40 CFR 265.1081, is
allowed at any time conditions require doing so to avoid an unsafe
condition.
(3) The owner or operator shall inspect the floating membrane cover
in accordance with the following procedures:
(i) 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 pollutant 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.
(ii) The owner or operator shall perform an initial inspection of
the floating membrane cover and its closure devices on or before the
date that the surface impoundment becomes subject to this section.
Thereafter, the owner or
[[Page 59961]]
operator shall perform the inspections at least once every year except
for the special conditions provided for in paragraph (g) of this
section.
(iii) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (f) of this section.
(iv) The owner or operator shall maintain a record of the
inspection in accordance with the requirements specified in
Sec. 264.1089(c) of this subpart.
(d) The owner or operator who controls air pollutant emissions from
a surface impoundment using a cover vented to a control device shall
meet the requirements specified in paragraphs (d)(1) through (d)(3) of
this section.
(1) 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:
(i) The cover and its closure devices shall be designed to form a
continuous barrier over the entire surface area of the liquid in the
surface impoundment.
(ii) 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. 264.1083(d) of this subpart.
(iii) The cover and its closure devices shall be made of suitable
materials that will minimize exposure of the hazardous waste to the
atmosphere, to the extent practical, and will maintain the integrity of
the cover and closure devices throughout their 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.
(iv) The closed-vent system and control device shall be designed
and operated in accordance with the requirements of Sec. 264.1087 of
this subpart.
(2) Whenever a hazardous waste 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:
(i) Venting to the control device is not required, and opening of
closure devices or removal of the cover is allowed at the following
times:
(A) 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.
(B) To remove accumulated sludge or other residues from the bottom
of surface impoundment.
(ii) Opening of a safety device, as defined in 40 CFR 265.1081, is
allowed at any time conditions require doing so to avoid an unsafe
condition.
(3) The owner or operator shall inspect and monitor the air
emission control equipment in accordance with the following procedures:
(i) The surface impoundment cover and its closure devices shall be
visually inspected by the owner or operator to check for defects that
could result in air pollutant 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.
(ii) The closed-vent system and control device shall be inspected
and monitored by the owner or operator in accordance with the
procedures specified in Sec. 264.1087 of this subpart.
(iii) The owner or operator shall perform an initial inspection of
the air emission control equipment on or before the date that the
surface impoundment becomes subject to this section. Thereafter, the
owner or operator shall perform the inspections at least once every
year except for the special conditions provided for in paragraph (g) of
this section.
(iv) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (f) of this section.
(v) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 264.1089(c) of
this subpart.
(e) The owner or operator shall transfer hazardous waste to a
surface impoundment subject to this section in accordance with the
following requirements:
(1) Transfer of hazardous waste, except as provided in paragraph
(e)(2) of this section, to the surface impoundment from another surface
impoundment subject to this section or from a tank subject to
Sec. 264.1084 of this subpart shall be conducted using continuous hard-
piping or another closed system that does not allow exposure of the
waste to the atmosphere. For the purpose of complying with this
provision, an individual drain system is considered to be a closed
system when it meets the requirements of 40 CFR part 63, subpart RR--
National Emission Standards for Individual Drain Systems.
(2) The requirements of paragraph (e)(1) of this section do not
apply when transferring a hazardous waste to the surface impoundment
under either of the following conditions:
(i) The hazardous waste meets the average VO concentration
conditions specified in Sec. 264.1082(c)(1) of this subpart at the
point of waste origination.
(ii) The hazardous waste has been treated by an organic destruction
or removal process to meet the requirements in Sec. 264.1082(c)(2) of
this subpart.
(f) The owner or operator shall repair each defect detected during
an inspection performed in accordance with the requirements of
paragraph (c)(3) or (d)(3) of this section 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 (f)(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 capacity is available at the site to accept
[[Page 59962]]
the hazardous waste normally managed in the surface impoundment. In
this case, the owner or operator shall repair the defect the next time
the process or unit that is generating the hazardous waste managed in
the surface impoundment stops operation. Repair of the defect shall be
completed before the process or unit resumes operation.
(g) Following the initial inspection and monitoring of the cover as
required by the applicable provisions of this subpart, subsequent
inspection and monitoring may be performed at intervals longer than 1
year in the case when inspecting or monitoring the cover would expose a
worker to dangerous, hazardous, or other unsafe conditions. In this
case, the owner or operator may designate the cover as an ``unsafe to
inspect and monitor cover'' and comply with all of the following
requirements:
(1) Prepare a written explanation for the cover stating the reasons
why the cover is unsafe to visually inspect or to monitor, if required.
(2) Develop and implement a written plan and schedule to inspect
and monitor the cover using the procedures specified in the applicable
section of this subpart as frequently as practicable during those times
when a worker can safely access the cover.
20. Section 264.1086 is revised to read as follows:
Sec. 264.1086 Standards: Containers.
(a) The provisions of this section apply to the control of air
pollutant emissions from containers for which Sec. 264.1082(b) of this
subpart references the use of this section for such air emission
control.
(b) General requirements.
(1) The owner or operator shall control air pollutant 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 (b)(2) of this section apply to the container.
(i) For a container having a design capacity greater than 0.1 m\3\
and less than or equal to 0.46 m\3\, the owner or operator shall
control air pollutant emissions from the container in accordance with
the Container Level 1 standards specified in paragraph (c) of this
section.
(ii) For a container having a design capacity greater than 0.46
m\3\ that is not in light material service, the owner or operator shall
control air pollutant emissions from the container in accordance with
the Container Level 1 standards specified in paragraph (c) of this
section.
(iii) For a container having a design capacity greater than 0.46
m\3\ that is in light material service, the owner or operator shall
control air pollutant emissions from the container in accordance with
the Container Level 2 standards specified in paragraph (d) of this
section.
(2) When a container having a design capacity greater than 0.1
m3 is used for treatment of a hazardous waste by a waste
stabilization process, the owner or operator shall control air
pollutant emissions from the container in accordance with the Container
Level 3 standards specified in paragraph (e) of this section at those
times during the waste stabilization process when the hazardous waste
in the container is exposed to the atmosphere.
(c) Container Level 1 standards.
(1) A container using Container Level 1 controls is one of the
following:
(i) 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.
(ii) 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 or a suitably secured tarp on a roll-
off box) or may be an integral part of the container structural design
(e.g., a ``portable tank'' or bulk cargo container equipped with a
screw-type cap).
(iii) An open-top container in which an organic-vapor suppressing
barrier is placed on or over the hazardous waste in the container such
that no hazardous waste is exposed to the atmosphere. One example of
such a barrier is application of a suitable organic-vapor suppressing
foam.
(2) A container used to meet the requirements of paragraph
(c)(1)(ii) or (c)(1)(iii) 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 hazardous waste to
the atmosphere and to maintain the equipment integrity for as long as
it is in service. Factors to be considered in selecting the materials
of construction and designing the cover and closure devices shall
include: Organic vapor permeability, the effects of contact with the
hazardous waste or its vapor managed in the container; the effects of
outdoor exposure of the closure device or cover material to wind,
moisture, and sunlight; and the operating practices for which the
container is intended to be used.
(3) Whenever a hazardous waste is in a container using Container
Level 1 controls, the owner or operator shall install all covers and
closure devices for the container, as applicable to the container, and
secure and maintain each closure device in the closed position except
as follows:
(i) Opening of a closure device or cover is allowed for the purpose
of adding hazardous waste or other material to the container as
follows:
(A) 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.
(B) 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 leaving the immediate vicinity of the container; or
the shutdown of the process generating the material being added to the
container, whichever condition occurs first.
(ii) Opening of a closure device or cover is allowed for the
purpose of removing hazardous waste from the container as follows:
(A) For the purpose of meeting the requirements of this section, an
empty container as defined in 40 CFR 261.7(b) may be open to the
atmosphere at any time (i.e., covers and closure devices are not
required to be secured in the closed position on an empty container).
(B) 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 40 CFR 261.7(b), 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
[[Page 59963]]
operation leaves the immediate vicinity of the container, whichever
condition occurs first.
(iii) Opening of a closure device or cover is allowed when access
inside the container is needed to perform routine activities other than
transfer of hazardous waste. 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.
(iv) 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 internal pressure of the container 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 internal pressure of the container 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, reactive, or hazardous materials.
Examples of normal operating conditions that may require these devices
to open are during those times when the internal pressure of the
container exceeds the internal pressure operating range for the
container as a result of loading operations or diurnal ambient
temperature fluctuations.
(v) Opening of a safety device, as defined in 40 CFR 265.1081, is
allowed at any time conditions require doing so to avoid an unsafe
condition.
(4) The owner or operator of containers using Container Level 1
controls shall inspect the containers and their covers and closure
devices as follows:
(i) In the case when a hazardous waste already is in the container
at the time the owner or operator first accepts possession of the
container at the facility and the container is not emptied (i.e., does
not meet the conditions for an empty container as specified in 40 CFR
261.7(b)) within 24 hours after the container is accepted at the
facility, the owner or operator shall visually inspect the container
and its cover and closure devices 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 (c)(4)(iii) of this
section.
(ii) In the case when a container used for managing hazardous waste
remains at the facility for a period of 1 year or more, the owner or
operator shall visually inspect the container and its cover and closure
devices 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 (c)(4)(iii) of this section.
(iii) 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 hazardous waste shall be removed from the
container and the container shall not be used to manage hazardous waste
until the defect is repaired.
(5) The owner or operator shall maintain at the facility a copy of
the procedure used to determine that containers with capacity of 0.46
m3 or greater, which do not meet applicable DOT regulations as
specified in paragraph (f) of this section, are not managing hazardous
waste in light material service.
(d) Container Level 2 standards.
(1) A container using Container Level 2 controls is one of the
following:
(i) 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.
(ii) A container that operates with no detectable organic emissions
as defined in 40 CFR 265.1081 and determined in accordance with the
procedure specified in paragraph (g) of this section.
(iii) A container that has been demonstrated within the preceding
12 months to be vapor-tight by using 40 CFR part 60, appendix A, Method
27 in accordance with the procedure specified in paragraph (h) of this
section.
(2) Transfer of hazardous waste in or out of a container using
Container Level 2 controls shall be conducted in such a manner as to
minimize exposure of the hazardous waste to the atmosphere, to the
extent practical, considering the physical properties of the hazardous
waste and good engineering and safety practices for handling flammable,
ignitable, explosive, reactive, or other hazardous materials. Examples
of container loading procedures that the EPA considers to 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 hazardous waste is filled and subsequently purging
the transfer line before removing it from the container opening.
(3) Whenever a hazardous waste 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:
(i) Opening of a closure device or cover is allowed for the purpose
of adding hazardous waste or other material to the container as
follows:
(A) 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.
(B) 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 leaving the immediate vicinity of the container; or
the shutdown of the process generating the material being added to the
container, whichever condition occurs first.
(ii) Opening of a closure device or cover is allowed for the
purpose of
[[Page 59964]]
removing hazardous waste from the container as follows:
(A) For the purpose of meeting the requirements of this section, an
empty container as defined in 40 CFR 261.7(b) may be open to the
atmosphere at any time (i.e., covers and closure devices are not
required to be secured in the closed position on an empty container).
(B) 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 40 CFR 261.7(b), 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.
(iii) Opening of a closure device or cover is allowed when access
inside the container is needed to perform routine activities other than
transfer of hazardous waste.
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.
(iv) 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 internal pressure of the container in
accordance with the container design specifications. The device shall
be designed to operate with no detectable organic emission 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 internal pressure of the container 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, reactive, or hazardous materials.
Examples of normal operating conditions that may require these devices
to open are during those times when the internal pressure of the
container exceeds the internal pressure operating range for the
container as a result of loading operations or diurnal ambient
temperature fluctuations.
(v) Opening of a safety device, as defined in 40 CFR 265.1081, is
allowed at any time conditions require doing so to avoid an unsafe
condition.
(4) The owner or operator of containers using Container Level 2
controls shall inspect the containers and their covers and closure
devices as follows:
(i) In the case when a hazardous waste already is in the container
at the time the owner or operator first accepts possession of the
container at the facility and the container is not emptied (i.e., does
not meet the conditions for an empty container as specified in 40 CFR
261.7(b)) within 24 hours after the container arrives at the facility,
the owner or operator shall visually inspect the container and its
cover and closure devices 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 (d)(4)(iii) of this section.
(ii) In the case when a container used for managing hazardous waste
remains at the facility for a period of 1 year or more, the owner or
operator shall visually inspect the container and its cover and closure
devices 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 (d)(4)(iii) of this section.
(iii) 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 hazardous waste shall be removed from the
container and the container shall not be used to manage hazardous waste
until the defect is repaired.
(e) Container Level 3 standards.
(1) A container using Container Level 3 controls is one of the
following:
(i) A container that is vented directly through a closed-vent
system to a control device in accordance with the requirements of
paragraph (e)(2)(ii) of this section.
(ii) 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 (e)(2)(i) and (e)(2)(ii)
of this section.
(2) 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:
(i) The container 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 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.
(ii) The closed-vent system and control device shall be designed
and operated in accordance with the requirements of Sec. 264.1087 of
this subpart.
(3) Safety devices, as defined in 40 CFR 265.1081, may be installed
and operated as necessary on any container, enclosure, closed-vent
system, or control device used to comply with the requirements of
paragraph (e)(1) of this section.
(4) Owners and operators using Container Level 3 controls in
accordance with the provisions of this subpart shall inspect and
monitor the closed-vent systems and control devices as specified in
Sec. 264.1087 of this subpart.
(5) Owners and operators that use Container Level 3 controls in
accordance with the provisions of this subpart shall prepare and
maintain the records specified in Sec. 264.1089(d) of this subpart.
(f) For the purpose of compliance with paragraph (c)(1)(i) or
(d)(1)(i) of this section, containers shall be used that meet the
applicable U.S. Department of Transportation (DOT)
[[Page 59965]]
regulations on packaging hazardous materials for transportation as
follows:
(1) The container meets the applicable requirements specified in 49
CFR part 178--Specifications for Packaging or 49 CFR part 179--
Specifications for Tank Cars.
(2) Hazardous waste 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 Packages; 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
combination packagings specified in 49 CFR 173.12(b).
(g) The owner or operator shall use the procedure specified in
Sec. 264.1083(d) of this subpart for determining a container operates
with no detectable organic emissions for the purpose of complying with
paragraph (d)(1)(ii) of this section.
(1) 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 is filled with a
material having a volatile organic concentration representative of the
range of volatile organic concentrations for the hazardous wastes
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.
(h) Procedure for determining a container to be vapor-tight using
Method 27 of 40 CFR part 60, appendix A for the purpose of complying
with paragraph (d)(1)(iii) of this section.
(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.
21. Section 264.1087 is amended by revising paragraph (b)(3),
adding paragraph (b)(4), revising paragraphs (c)(2), (c)(3)(ii), and
(c)(5)(i) (D)-(E), and adding paragraph (c)(7) to read as follows:
Sec. 264.1087 Standards: Closed-vent systems and control devices.
* * * * *
(b) * * *
(3) In the case 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
(b)(3)(i) of this section or a seal or locking device as specified in
paragraph (b)(3)(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 (b)(3) 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 the
presence of either gas or vapor flow in the bypass line.
(ii) If a seal or locking device is used to comply with paragraph
(b)(3) 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.
(4) The closed-vent system shall be inspected and monitored by the
owner or operator in accordance with the procedure specified in
Sec. 264.1033(l).
(c) * * *
(2) The owner or operator who elects to use a closed-vent system
and control device to comply with the requirements of this section
shall comply with the requirements specified in paragraphs (c)(2)(i)
through (c)(2)(vi) of this section.
(i) Periods of planned routine maintenance of the control device,
during which the control device does not meet the specifications of
paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this section, as
applicable, shall not exceed 240 hours per year.
(ii) The specifications and requirements in paragraphs (c)(1)(i),
(c)(1)(ii), and (c)(1)(iii) of this section for control devices do not
apply during periods of planned routine maintenance.
(iii) The specifications and requirements in paragraphs (c)(1)(i),
(c)(1)(ii), and (c)(1)(iii) of this section for control devices do not
apply during a control device system malfunction.
(iv) The owner or operator shall demonstrate compliance with the
requirements of paragraph (c)(2)(i) of this section (i.e., planned
routine maintenance of a control device, during which the control
device does not meet the specifications of paragraphs (c)(1)(i),
(c)(1)(ii), or (c)(1)(iii) of this section, as applicable, shall not
exceed 240 hours per year) by recording the information specified in
Sec. 264.1089(e)(1)(v) of this subpart.
(v) The owner or operator shall correct control device system
malfunctions as soon as practicable after their occurrence in order to
minimize excess emissions of air pollutants.
(vi) The owner or operator shall operate the closed-vent system
such that gases, vapors, or fumes are not actively vented to the
control device during periods of planned maintenance or control device
system malfunction (i.e., periods when the control device is not
operating or not operating normally) except in cases when it is
necessary to vent the gases, vapors, and/or fumes to avoid an unsafe
condition or to implement malfunction corrective actions or planned
maintenance actions.
(3) * * *
(i) * * *
(ii) All carbon removed from the control device shall be managed in
accordance with the requirements of 40 CFR 264.1033(n).
* * * * *
[[Page 59966]]
(5) * * *
(i) * * *
(D) A boiler or industrial furnace burning hazardous waste for
which the owner or operator has been issued a final permit under 40 CFR
part 270 and has designed and operates the unit in accordance with the
requirements of 40 CFR part 266, subpart H; or
(E) A boiler or industrial furnace burning hazardous waste for
which the owner or operator has designed and operates in accordance
with the interim status requirements of 40 CFR part 266, subpart H.
* * * * *
(7) The control device shall be inspected and monitored by the
owner or operator in accordance with the procedures specified in 40 CFR
264.1033(f)(2) and 40 CFR 264.1033(l). The readings from each
monitoring device required by 40 CFR 264.1033(f)(2) shall be inspected
at least once each operating day to check control device operation. Any
necessary corrective measures shall be immediately implemented to
ensure the control device is operated in compliance with the
requirements of this section.
22. Section 264.1088 is revised to read as follows:
Sec. 264.1088 Inspection and monitoring requirements.
(a) The owner or operator shall inspect and monitor air emission
control equipment used to comply with this subpart in accordance with
the applicable requirements specified in Sec. 264.1084 through
Sec. 264.1087 of this subpart.
(b) The owner or operator shall develop and implement a written
plan and schedule to perform the inspections and monitoring required by
paragraph (a) of this section. The owner or operator shall incorporate
this plan and schedule into the facility inspection plan required under
40 CFR 264.15.
23. Section 264.1089 is revised to read as follows:
Sec. 264.1089 Recordkeeping requirements.
(a) Each owner or operator of a facility subject to requirements in
this subpart shall record and maintain the information specified in
paragraphs (b) through (i) of this section, as applicable to the
facility. Except for air emission control equipment design
documentation and information required by paragraph (i) of this
section, records required by this section shall be maintained in the
operating record for a minimum of 3 years. Air emission control
equipment design documentation shall be maintained in the operating
record until the air emission control equipment is replaced or
otherwise no longer in service. Information required by paragraph (i)
of this section shall be maintained in the operating record for as long
as the tank or container is not using air emission controls specified
in Secs. 264.1084 through 264.1087 of this subpart in accordance with
the conditions specified in Sec. 264.1084(d) of this subpart.
(b) The owner or operator of a tank using air emission controls in
accordance with the requirements of Sec. 264.1084 of this subpart shall
prepare and maintain records for the tank that include the following
information:
(1) For each tank using air emission controls in accordance with
the requirements of Sec. 264.1084 of this subpart, the owner or
operator shall record:
(i) A tank identification number (or other unique identification
description as selected by the owner or operator).
(ii) A record for each inspection required by Sec. 264.1084 of this
subpart that includes the following information:
(A) Date inspection was conducted.
(B) For each defect detected during the inspection, 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. 264.1084 of this subpart, the owner or
operator shall also record the reason for the delay and the date that
completion of repair of the defect is expected.
(2) In addition to the information required by paragraph (b)(1) of
this section, the owner or operator shall record the following
information, as applicable to the tank:
(i) The owner or operator using a fixed roof to comply with the
Tank Level 1 control requirements specified in Sec. 264.1084(c) of this
subpart shall prepare and maintain records for each determination for
the maximum organic vapor pressure of the hazardous waste in the tank
performed in accordance with the requirements of Sec. 264.1084(c) of
this subpart. The records shall include the date and time the samples
were collected, the analysis method used, and the analysis results.
(ii) The owner or operator using an internal floating roof to
comply with the Tank Level 2 control requirements specified in
Sec. 264.1084(e) of this subpart shall prepare and maintain
documentation describing the floating roof design.
(iii) Owners and operators using an external floating roof to
comply with the Tank Level 2 control requirements specified in
Sec. 264.1084(f) of this subpart shall prepare and maintain the
following records:
(A) Documentation describing the floating roof design and the
dimensions of the tank.
(B) Records for each seal gap inspection required by
Sec. 264.1084(f)(3) of this subpart describing the results of the seal
gap measurements. The records shall include the date that the
measurements were 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. 264.1084(f)(1) 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 tank was emptied, if necessary.
(iv) Each owner or operator using an enclosure to comply with the
Tank Level 2 control requirements specified in Sec. 264.1084(i) of this
subpart shall prepare and maintain the following records:
(A) 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.
(B) Records required for the closed-vent system and control device
in accordance with the requirements of paragraph (e) of this section.
(c) The owner or operator of a surface impoundment using air
emission controls in accordance with the requirements of Sec. 264.1085
of this subpart shall prepare and maintain records for the surface
impoundment that include the following information:
(1) A surface impoundment identification number (or other unique
identification description as selected by the owner or operator).
(2) Documentation describing the floating membrane cover or cover
design, as applicable to the surface impoundment, that includes
information prepared by the owner or operator or provided by the cover
manufacturer or vendor describing the cover design, and certification
by the owner or operator that the cover meets the specifications listed
in Sec. 264.1085(c) of this subpart.
(3) A record for each inspection required by Sec. 264.1085 of this
subpart that includes the following information:
(i) Date inspection was conducted.
[[Page 59967]]
(ii) For each defect detected during the inspection 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. 264.1085(f) of this subpart, 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) For a surface impoundment equipped with a cover and vented
through a closed-vent system to a control device, the owner or operator
shall prepare and maintain the records specified in paragraph (e) of
this section.
(d) The owner or operator of containers using Container Level 3 air
emission controls in accordance with the requirements of Sec. 264.1086
of this subpart shall prepare and maintain records that include the
following information:
(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 paragraph (e) of this section.
(e) The owner or operator using a closed-vent system and control
device in accordance with the requirements of Sec. 264.1087 of this
subpart shall prepare and maintain records that include the following
information:
(1) Documentation for the closed-vent system and control device
that includes:
(i) Certification that is signed and dated by the owner or operator
stating that the control device is designed to operate at the
performance level documented by a design analysis as specified in
paragraph (e)(1)(ii) of this section or by performance tests as
specified in paragraph (e)(1)(iii) of this section when the tank,
surface impoundment, or container is or would be operating at capacity
or the highest level reasonably expected to occur.
(ii) If a design analysis is used, then design documentation as
specified in 40 CFR 264.1035(b)(4). The documentation shall include
information prepared by the owner or operator or provided by the
control device manufacturer or vendor that describes the control device
design in accordance with 40 CFR 264.1035(b)(4)(iii) and certification
by the owner or operator that the control equipment meets the
applicable specifications.
(iii) If performance tests are used, then a performance test plan
as specified in 40 CFR 264.1035(b)(3) and all test results.
(iv) Information as required by 40 CFR 264.1035(c)(1) and 40 CFR
264.1035(c)(2), as applicable.
(v) An owner or operator shall record, on a semiannual basis, the
information specified in paragraphs (e)(1)(v)(A) and (e)(1)(v)(B) of
this section for those planned routine maintenance operations that
would require the control device not to meet the requirements of
Sec. 264.1087(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subpart, as
applicable.
(A) A description of the planned routine maintenance that is
anticipated to be performed for the control device during the next 6-
month period. This description shall include the type of maintenance
necessary, planned frequency of maintenance, and lengths of maintenance
periods.
(B) A description of the planned routine maintenance that was
performed for the control device during the previous 6-month period.
This description shall include the type of maintenance performed and
the total number of hours during those 6 months that the control device
did not meet the requirements of Sec. 264.1087 (c)(1)(i), (c)(1)(ii),
or (c)(1)(iii) of this subpart, as applicable, due to planned routine
maintenance.
(vi) An owner or operator shall record the information specified in
paragraphs (e)(1)(vi)(A) through (e)(1)(vi)(C) of this section for
those unexpected control device system malfunctions that would require
the control device not to meet the requirements of Sec. 264.1087
(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subpart, as applicable.
(A) The occurrence and duration of each malfunction of the control
device system.
(B) 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.
(C) Actions taken during periods of malfunction to restore a
malfunctioning control device to its normal or usual manner of
operation.
(vii) Records of the management of carbon removed from a carbon
adsorption system conducted in accordance with Sec. 264.1087(c)(3)(ii)
of this subpart.
(f) The owner or operator of a tank, surface impoundment, or
container exempted from standards in accordance with the provisions of
Sec. 264.1082(c) of this subpart shall prepare and maintain the
following records, as applicable:
(1) For tanks, surface impoundments, or containers exempted under
the hazardous waste organic concentration conditions specified in
Sec. 264.1082 (c)(1) or (c)(2) of this subpart, the owner or operator
shall record the information used for each waste determination (e.g.,
test results, measurements, calculations, and other documentation) in
the facility operating log. If analysis results for waste samples are
used for the waste determination, then the owner or operator shall
record the date, time, and location that each waste sample is collected
in accordance with applicable requirements of Sec. 264.1083 of this
subpart.
(2) For tanks, surface impoundments, or containers exempted under
the provisions of Sec. 264.1082(c)(2)(vii) or Sec. 264.1082(c)(2)(viii)
of this subpart, the owner or operator shall record the identification
number for the incinerator, boiler, or industrial furnace in which the
hazardous waste is treated.
(g) An owner or operator designating a cover as ``unsafe to inspect
and monitor'' pursuant to Sec. 264.1084(l) or Sec. 264.1085(g) of this
subpart shall record in a log that is kept in the facility operating
record the following information: The identification numbers for waste
management units with covers that are designated as ``unsafe to inspect
and monitor,'' the explanation for each cover stating why the cover is
unsafe to inspect and monitor, and the plan and schedule for inspecting
and monitoring each cover.
(h) The owner or operator of a facility that is subject to this
subpart and to the control device standards in 40 CFR part 60, subpart
VV, or 40 CFR part 61, subpart V, may elect to demonstrate compliance
with the applicable sections of this subpart by documentation either
pursuant to this subpart, or pursuant to the provisions of 40 CFR part
60, subpart VV or 40 CFR part 61, subpart V, to the extent that the
documentation required by 40 CFR parts 60 or 61 duplicates the
documentation required by this section.
(i) For each tank or container not using air emission controls
specified in Secs. 264.1084 through 264.1087 of this subpart in
accordance with the conditions specified in Sec. 264.1080(d) of this
subpart, the owner or operator shall record and maintain the following
information:
(1) A list of the individual organic peroxide compounds
manufactured at the facility that meet the conditions specified in
Sec. 264.1080(d)(1).
[[Page 59968]]
(2) A description of how the hazardous waste containing the organic
peroxide compounds identified in paragraph (i)(1) of this section are
managed at the facility in tanks and containers. This description shall
include:
(i) For the tanks used at the facility to manage this hazardous
waste, sufficient information shall be provided to describe for each
tank: A facility identification number for the tank; the purpose and
placement of this tank in the management train of this hazardous waste;
and the procedures used to ultimately dispose of the hazardous waste
managed in the tanks.
(ii) For containers used at the facility to manage these hazardous
wastes, sufficient information shall be provided to describe: A
facility identification number for the container or group of
containers; the purpose and placement of this container, or group of
containers, in the management train of this hazardous waste; and the
procedures used to ultimately dispose of the hazardous waste handled in
the containers.
(3) An explanation of why managing the hazardous waste containing
the organic peroxide compounds identified in paragraph (i)(1) of this
section in the tanks and containers as described in paragraph (i)(2) of
this section would create an undue safety hazard if the air emission
controls, as required under Secs. 264.1084 through 264.1087 of this
subpart, are installed and operated on these waste management units.
This explanation shall include the following information:
(i) For tanks used at the facility to manage these hazardous
wastes, sufficient information shall be provided to explain: How use of
the required air emission controls on the tanks would affect the tank
design features and facility operating procedures currently used to
prevent an undue safety hazard during the management of this hazardous
waste in the tanks; and why installation of safety devices on the
required air emission controls, as allowed under this subpart, will not
address those situations in which evacuation of tanks equipped with
these air emission controls is necessary and consistent with good
engineering and safety practices for handling organic peroxides.
(ii) For containers used at the facility to manage these hazardous
wastes, sufficient information shall be provided to explain: How use of
the required air emission controls on the containers would affect the
container design features and handling procedures currently used to
prevent an undue safety hazard during the management of this hazardous
waste in the containers; and why installation of safety devices on the
required air emission controls, as allowed under this subpart, will not
address those situations in which evacuation of containers equipped
with these air emission controls is necessary and consistent with good
engineering and safety practices for handling organic peroxides.
24. Section 264.1090 is amended by revising paragraphs (a) and (b)
to read as follows:
Sec. 264.1090 Reporting requirements.
(a) Each owner or operator managing hazardous waste in a tank,
surface impoundment, or container exempted from using air emission
controls under the provisions of Sec. 264.1082(c) of this subpart shall
report to the Regional Administrator each occurrence when hazardous
waste is placed in the waste management unit in noncompliance with the
conditions specified in Sec. 264.1082 (c)(1) or (c)(2) of this subpart,
as applicable. Examples of such occurrences include placing in the
waste management unit a hazardous waste having an average VO
concentration equal to or greater than 500 ppmw at the point of waste
origination; or placing in the waste management unit a treated
hazardous waste of which the organic content has been reduced by an
organic destruction or removal process that fails to achieve the
applicable conditions specified in Sec. 264.1082 (c)(2)(i) through
(c)(2)(vi) of this subpart. The owner or operator shall submit a
written report within 15 calendar days of the time that the owner or
operator becomes aware of the occurrence. The written report shall
contain the EPA identification number, facility name and address, a
description of the noncompliance event and the cause, the dates of the
noncompliance, and the actions taken to correct the noncompliance and
prevent recurrence of the noncompliance. The report shall be signed and
dated by an authorized representative of the owner or operator.
(b) Each owner or operator using air emission controls on a tank in
accordance with the requirements Sec. 264.1084(c) of this subpart shall
report to the Regional Administrator each occurrence when hazardous
waste is managed in the tank in noncompliance with the conditions
specified in Sec. 264.1084(b) of this subpart. The owner or operator
shall submit a written report within 15 calendar days of the time that
the owner or operator becomes aware of the occurrence. The written
report shall contain the EPA identification number, facility name and
address, a description of the noncompliance event and the cause, the
dates of the noncompliance, and the actions taken to correct the
noncompliance and prevent recurrence of the noncompliance. The report
shall be signed and dated by an authorized representative of the owner
or operator.
* * * * *
Sec. 264.1091 [Removed and reserved]
25. Part 264 is amended by removing and reserving Sec. 264.1091.
PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
26. The authority citation for part 265 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6924, 6925, and 6935.
Subpart I--Use and Management of Containers
27. Section 265.178 is revised to read as follows:
Sec. 265.178 Air emission standards.
The owner or operator shall manage all hazardous waste placed in a
container in accordance with the applicable requirements of subparts
AA, BB, and CC of this part.
Subpart J--Tank Systems
28. Section 265.202 is revised to read as follows:
Sec. 265.202 Air emission standards.
The owner or operator shall manage all hazardous waste placed in a
tank in accordance with the applicable requirements of subparts AA, BB,
and CC of this part.
Subpart K--Surface Impoundments
29. Section 265.231 is revised to read as follows:
Sec. 265.231 Air emission standards.
The owner or operator shall manage all hazardous waste placed in a
surface impoundment in accordance with the applicable requirements of
subparts BB and CC of this part.
Subpart AA--Air Emission Standards for Process Vents
30. Section 265.1030 is amended by revising paragraph (b); and by
removing the reference ``262.34'' from the note at the end of the
section to read as follows:
Sec. 265.1030 Applicability.
* * * * *
(b) Except for Secs. 265.1034, paragraphs (d) and (e), this subpart
applies to
[[Page 59969]]
process vents associated with distillation, fractionation, thin-film
evaporation, solvent extraction, or air or steam stripping operations
that manage hazardous wastes with organic concentrations of at least 10
ppmw, if these operations are conducted in one of the following:
(1) A unit that is subject to the permitting requirements of 40 CFR
part 270, or
(2) A unit (including a hazardous waste recycling unit) that is not
exempt from permitting under the provisions of 40 CFR 262.34(a) (i.e.,
a hazardous waste recycling unit that is not a 90-day tank or
container) and that is located at a hazardous waste management facility
otherwise subject to the permitting requirements of 40 CFR part 270, or
(3) A unit that is exempt from permitting under the provisions of
40 CFR 262.34(a) (i.e., a 90-day tank or container).
* * * * *
31. Section 265.1033 is amended by revising paragraph
(f)(2)(vi)(B); redesignating paragraphs (k) and (l) as paragraphs (l)
and (m) and revising the newly designated paragraph (m); by revising
paragraph (j); and by adding paragraphs (k) and (n) to read as follows:
Sec. 265.1033 Standards: Closed-vent systems and control devices.
* * * * *
(f) * * *
(2) * * *
(vi) * * *
(B) A temperature monitoring device equipped with a continuous
recorder. The device shall be capable of monitoring temperature with an
accuracy of 1 percent of the temperature being monitored
in degrees Celsius (oC) or 0.5 oC, whichever is greater.
The temperature sensor shall be installed at a location in the exhaust
vent stream from the condenser exit (i.e., product side).
* * * * *
(j) A closed-vent system shall meet either of the following design
requirements:
(1) A closed-vent system shall be designed to operate with no
detectable emissions, as indicated by an instrument reading of less
than 500 ppmv above background as determined by the procedure in
Sec. 265.1034(b) of this subpart, and by visual inspections; or
(2) A closed-vent system shall be designed to operate at a pressure
below atmospheric pressure. The system shall be equipped with at least
one pressure gauge 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.
(k) The owner or operator shall monitor and inspect each closed-
vent system required to comply with this section to ensure proper
operation and maintenance of the closed-vent system by implementing the
following requirements:
(1) Each closed-vent system that is used to comply with paragraph
(j)(1) of this section shall be inspected and monitored in accordance
with the following requirements:
(i) An initial leak detection monitoring of the closed-vent system
shall be conducted by the owner or operator on or before the date that
the system becomes subject to this section. The owner or operator shall
monitor the closed-vent system components and connections using the
procedures specified in Sec. 265.1034(b) of this subpart to demonstrate
that the closed-vent system operates with no detectable emissions, as
indicated by an instrument reading of less than 500 ppmv above
background.
(ii) After initial leak detection monitoring required in paragraph
(k)(1)(i) of this section, 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 pollutant emissions. The owner or operator
shall monitor a component or connection using the procedures specified
in Sec. 265.1034(b) of this subpart to demonstrate that it operates
with no detectable 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 (k)(1)(ii)(A) of this section shall be monitored
annually and at other times as requested by the Regional Administrator,
except as provided for in paragraph (n) of this section, using the
procedures specified in Sec. 265.1034(b) of this subpart to demonstrate
that the components or connections operate with no detectable
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 (k)(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. 265.1035 of this subpart.
(2) Each closed-vent system that is used to comply with paragraph
(j)(2) of this section 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 pollutant
emissions. Defects include, but are not limited to, visible cracks,
holes, or gaps in ductwork or piping or loose connections.
(ii) The owner or operator shall perform an initial inspection of
the closed-vent system on or before the date that the system becomes
subject to this section. Thereafter, the owner or operator shall
perform the inspections at least once every year.
(iii) In the event that a defect or leak is detected, the owner or
operator shall repair the defect in accordance with the requirements of
paragraph (k)(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. 265.1035 of this subpart.
(3) The owner or operator shall repair all detected defects as
follows:
(i) Detectable emissions, as indicated by visual inspection, or by
an instrument reading greater than 500 ppmv above background, shall be
controlled as soon as practicable, but not later than 15 calendar days
after the emission is detected, except as provided for in paragraph
(k)(3)(iii) of this section.
(ii) A first attempt at repair shall be made no later than 5
calendar days after the emission is detected.
(iii) Delay of repair of a closed-vent system for which leaks have
been detected is allowed if the repair is technically infeasible
without a process unit shutdown, or if the owner or operator determines
that emissions resulting from immediate repair would be greater than
the fugitive emissions likely to result from delay of repair. Repair of
such equipment shall be completed by the end of the next process unit
shutdown.
(iv) The owner or operator shall maintain a record of the defect
repair in accordance with the requirements specified in Sec. 265.1035
of this subpart.
(l) Closed-vent systems and control devices used to comply with
provisions of this subpart shall be operated at all times when
emissions may be vented to them.
[[Page 59970]]
(m) The owner or operator using a carbon adsorption system to
control air pollutant emissions shall document that all carbon that is
a hazardous waste and that is removed from the control device is
managed in one of the following manners, regardless of the average
volatile organic concentration of the carbon:
(1) Regenerated or reactivated in a thermal treatment unit that
meets one of the following:
(i) The owner or operator of the unit has been issued a final
permit under 40 CFR part 270 which implements the requirements of 40
CFR part 264 subpart X; or
(ii) The unit is equipped with and operating air emission controls
in accordance with the applicable requirements of subparts AA and CC of
either this part or of 40 CFR part 264; or
(iii) The unit is equipped with and operating air emission controls
in accordance with a national emission standard for hazardous air
pollutants under 40 CFR part 61 or 40 CFR part 63.
(2) Incinerated in a hazardous waste incinerator for which the
owner or operator either:
(i) Has been issued a final permit under 40 CFR part 270 which
implements the requirements of 40 CFR part 264, subpart O; or
(ii) Has designed and operates the incinerator in accordance with
the interim status requirements of subpart O of this part.
(3) Burned in a boiler or industrial furnace for which the owner or
operator either:
(i) Has been issued a final permit under 40 CFR part 270 which
implements the requirements of 40 CFR part 266, subpart H; or
(ii) Has designed and operates the boiler or industrial furnace in
accordance with the interim status requirements of 40 CFR part 266,
subpart H.
(n) Any components of a closed-vent system that are designated, as
described in Sec. 265.1035(c)(9) of this subpart, as unsafe to monitor
are exempt from the requirements of paragraph (k)(1)(ii)(B) of this
section if:
(1) The owner or operator of the closed-vent system determines that
the components of the closed-vent system are unsafe to monitor because
monitoring personnel would be exposed to an immediate danger as a
consequence of complying with paragraph (k)(1)(ii)(B) of this section;
and
(2) The owner or operator of the closed-vent system adheres to a
written plan that requires monitoring the closed-vent system components
using the procedure specified in paragraph (k)(1)(ii)(B) of this
section as frequently as practicable during safe-to-monitor times.
32. Section 265.1034 is amended by revising paragraph (b)
introductory text to read as follows:
Sec. 265.1034 Test methods and procedures.
* * * * *
(b) When a closed-vent system is tested for compliance with no
detectable emissions, as required in Sec. 265.1033(k) of this subpart,
the test shall comply with the following requirements:
* * * * *
33. Section 265.1035 is amended by revising paragraph (c)(3),
adding paragraphs (c)(9) and (c)(10) and revising paragraph (d) to read
as follows:
Sec. 265.1035 Recordkeeping requirements.
* * * * *
(c) * * *
(3) Monitoring, operating and inspection information required by
paragraphs (f) through (k) of Sec. 265.1033 of this subpart.
* * * * *
(9) An owner or operator designating any components of a closed-
vent system as unsafe to monitor pursuant to Sec. 265.1033(n) of this
subpart shall record in a log that is kept in the facility operating
record the identification of closed-vent system components that are
designated as unsafe to monitor in accordance with the requirements of
Sec. 265.1033(n) of this subpart, an explanation for each closed-vent
system component stating why the closed-vent system component is unsafe
to monitor, and the plan for monitoring each closed-vent system
component.
(10) When each leak is detected as specified in Sec. 265.1033(k) of
this subpart, the following information shall be recorded:
(i) The instrument identification number, the closed-vent system
component identification number, and the operator name, initials, or
identification number.
(ii) The date the leak was detected and the date of first attempt
to repair the leak.
(iii) The date of successful repair of the leak.
(iv) Maximum instrument reading measured by Method 21 of 40 CFR
part 60, appendix A after it is successfully repaired or determined to
be nonrepairable.
(v) ``Repair delayed'' and the reason for the delay if a leak is
not repaired within 15 calendar days after discovery of the leak.
(A) The owner or operator may develop a written procedure that
identifies the conditions that justify a delay of repair. In such
cases, reasons for delay of repair may be documented by citing the
relevant sections of the written procedure.
(B) If delay of repair was caused by depletion of stocked parts,
there must be documentation that the spare parts were sufficiently
stocked on-site before depletion and the reason for depletion.
(d) Records of the monitoring, operating, and inspection
information required by paragraphs (c)(3) through (c)(10) of this
section shall be maintained by the owner or operator for at least 3
years following the date of each occurrence, measurement, maintenance,
corrective action, or record.
* * * * *
Subpart BB--Air Emission Standards for Equipment Leaks
34. Section 265.1050 is amended by revising paragraph (b), adding
paragraph (e) and removing the reference ``262.34'' from the note at
the end of the section to read as follows:
Sec. 265.1050 Applicability.
* * * * *
(b) Except as provided in Sec. 265.1064(k), this subpart applies to
equipment that contains or contacts hazardous wastes with organic
concentrations of at least 10 percent by weight that are managed in one
of the following:
(1) A unit that is subject to the permitting requirements of 40 CFR
part 270, or
(2) A unit (including a hazardous waste recycling unit) that is not
exempt from permitting under the provisions of 40 CFR 262.34(a) (i.e.,
a hazardous waste recycling unit that is not a 90-day tank or
container) and that is located at a hazardous waste management facility
otherwise subject to the permitting requirements of 40 CFR part 270, or
(3) A unit that is exempt from permitting under the provisions of
40 CFR 262.34(a) (i.e., a 90-day tank or container).
* * * * *
(e) Equipment that contains or contacts hazardous waste with an
organic concentration of at least 10 percent by weight for a period of
less than 300 hours per calendar year is excluded from the requirements
of Sec. 265.1052 through Sec. 265.1060 of this subpart if it is
identified as required in Sec. 265.1064(g)(6) of this subpart.
35. Section 265.1055 is revised to read as follows:
[[Page 59971]]
Sec. 265.1055 Standards: Sampling connection systems.
(a) Each sampling connection system shall be equipped with a
closed-purge, closed-loop, or closed-vent system. This system shall
collect the sample purge for return to the process or for routing to
the appropriate treatment system. Gases displaced during filling of the
sample container are not required to be collected or captured.
(b) Each closed-purge, closed-loop, or closed-vent system as
required in paragraph (a) of this section shall:
(1) Return the purged process fluid directly to the process line;
or
(2) Collect and recycle the purged process fluid; or
(3) Be designed and operated to capture and transport all the
purged process fluid to a waste management unit that complies with the
applicable requirements of Sec. 265.1085 through Sec. 265.1087 of this
subpart or a control device that complies with the requirements of
Sec. 265.1060 of this subpart.
(c) In-situ sampling systems and sampling systems without purges
are exempt from the requirements of paragraphs (a) and (b) of this
section.
36. Section 265.1058 is amended by adding paragraph (e) to read as
follows:
Sec. 265.1058 Standards: Pumps and valves in heavy liquid service,
pressure relief devices in light liquid or heavy liquid service, and
flanges and other connectors.
* * * * *
(e) Any connector that is inaccessible or is ceramic or ceramic-
lined (e.g., porcelain, glass, or glass-lined) is exempt from the
monitoring requirements of paragraph (a) of this section and from the
recordkeeping requirements of Sec. 265.1064 of this subpart.
37. Section 265.1064 is amended by adding paragraph (g)(6) to read
as follows:
Sec. 265.1064 Recordkeeping requirements.
* * * * *
(g) * * *
(6) Identification, either by list or location (area or group) of
equipment that contains or contacts hazardous waste with an organic
concentration of at least 10 percent by weight for a period of less
than 300 hours per year.
* * * * *
Subpart CC--Air Emission Standards for Tanks, Surface Impoundments,
and Containers
38. Section 265.1080 is amended by adding paragraphs (b)(7) and
(b)(8) to read as follows:
Sec. 265.1080 Applicability.
* * * * *
(b) * * *
(7) A hazardous waste management unit that the owner or operator
certifies is equipped with and operating air emission controls in
accordance with the requirements of an applicable Clean Air Act
regulation codified under 40 CFR part 60, part 61, or part 63. For the
purpose of complying with this paragraph, a tank for which the air
emission control includes an enclosure, as opposed to a cover, must be
in compliance with the enclosure and control device requirements of
Sec. 265.1085(i), except as provided in Sec. 265.1083(c)(5).
(8) A tank that has a process vent as defined in 40 CFR 264.1031.
* * * * *
39. Section 265.1081 is amended by revising the definitions of
cover, external floating roof, fixed roof, floating roof, internal
floating roof, maximum organic vapor pressure, point of waste
treatment, vapor-mounted seal and volatile organic concentration and by
adding definitions in alphabetical order to read as follows:
Sec. 265.1081 Definitions.
* * * * *
Closure device means a cap, hatch, lid, plug, seal, valve, or other
type of fitting that blocks an opening in a cover such that when the
device is secured in the closed position it prevents or reduces air
pollutant emissions to the atmosphere. 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 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.
* * * * *
Cover means a device that provides a continuous barrier over the
hazardous waste managed in a unit to prevent or reduce air pollutant
emissions to the atmosphere. 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.
* * * * *
Enclosure means a structure that surrounds a tank or container,
captures organic vapors emitted from the tank or container, and vents
the captured vapors 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 surface of the material managed 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
material managed in the unit.
* * * * *
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 material being contained, and is equipped with a
continuous seal.
* * * * *
Hard-piping means pipe or tubing that is manufactured and properly
installed in accordance with relevant standards and good engineering
practices.
* * * * *
In light material service means the container is used to manage a
material for which both of the following conditions apply: the vapor
pressure of one or more of the organic constituents in the 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.
* * * * *
Internal floating roof means a cover that rests or floats on the
material surface (but not necessarily in complete contact with it)
inside a tank that has a fixed roof.
* * * * *
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, process
equipment, or a process to operate in a normal or usual manner.
Failures that are caused in part by poor maintenance or careless
operation are not malfunctions.
* * * * *
Maximum organic vapor pressure means the sum of the individual
organic constituent partial pressures exerted by the material contained
in a tank, at the
[[Page 59972]]
maximum vapor pressure-causing conditions (i.e., temperature,
agitation, pH effects of combining wastes, etc.) reasonably expected to
occur in the tank. For the purpose of this subpart, maximum organic
vapor pressure is determined using the procedures specified in
Sec. 265.1084(c) 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. 265.1084(d) of this subpart.
* * * * *
Point of waste treatment means the point where a hazardous waste to
be treated in accordance with Sec. 265.1083(c)(2) of this subpart exits
the treatment process. Any waste determination shall be made before the
waste is conveyed, handled, or otherwise managed in a manner that
allows the waste to volatilize to the atmosphere.
* * * * *
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 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.
* * * * *
Single-seal system means a floating roof having one continuous
seal. This seal may be vapor-mounted, liquid-mounted, or a metallic
shoe seal.
* * * * *
Vapor-mounted seal means a continuous seal that is mounted such
that there is a vapor space between the hazardous waste in the unit and
the bottom of the seal.
* * * * *
Volatile organic concentration or VO concentration means the
fraction by weight of the volatile organic compounds contained in a
hazardous waste expressed in terms of parts per million (ppmw) as
determined by direct measurement or by knowledge of the waste in
accordance with the requirements of Sec. 265.1084 of this subpart. For
the purpose of determining the VO concentration of a hazardous waste,
organic compounds with a Henry's law constant value of at least 0.1
mole-fraction-in-the-gas-phase/mole-fraction-in the liquid-phase (0.1
Y/X) (which can also be expressed as 1.8 x 10-\6\ atmospheres/
gram-mole/m\3\) at 25 degrees Celsius must be included. Appendix VI of
this subpart presents a list of compounds known to have a Henry's law
constant value less than the cutoff level.
* * * * *
40. Section 265.1083 is revised to read as follows:
Sec. 265.1083 Standards: General.
(a) This section applies to the management of hazardous waste in
tanks, surface impoundments, and containers subject to this subpart.
(b) The owner or operator shall control air pollutant emissions
from each waste management unit in accordance with standards specified
in Sec. 265.1085 through Sec. 265.1088 of this subpart, as applicable
to the waste management unit, except as provided for in paragraph (c)
of this section.
(c) A tank, surface impoundment, or container is exempt from
standards specified in Sec. 265.1085 through Sec. 265.1088 of this
subpart, as applicable, provided that the waste management unit is one
of the following:
(1) A tank, surface impoundment, or container for which all
hazardous waste entering the unit has an average VO concentration at
the point of waste origination of less than 500 parts per million by
weight (ppmw). The average VO concentration shall be determined using
the procedures specified in Sec. 265.1084(a) of this subpart. 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 hazardous waste streams entering the unit.
(2) A tank, surface impoundment, or container for which the organic
content of all the hazardous waste entering the waste management unit
has been reduced by an organic destruction or removal process that
achieves any one of the following conditions:
(i) A process that removes or destroys the organics contained in
the hazardous waste to a level such that the average VO concentration
of the hazardous waste at the point of waste treatment is less than the
exit concentration limit (Ct) established for the process. The
average VO concentration of the hazardous waste at the point of waste
treatment and the exit concentration limit for the process shall be
determined using the procedures specified in Sec. 265.1084(b) of this
subpart.
(ii) A process that removes or destroys the organics contained in
the hazardous waste to a level such that the organic reduction
efficiency (R) for the process is equal to or greater than 95 percent,
and the average VO concentration of the hazardous waste at the point of
waste treatment is less than 100 ppmw. The organic reduction efficiency
for the process and the average VO concentration of the hazardous waste
at the point of waste treatment shall be determined using the
procedures specified in Sec. 265.1084(b) of this subpart.
(iii) A process that removes or destroys the organics contained in
the hazardous waste to a level such that the actual organic mass
removal rate (MR) for the process is equal to or greater than the
required organic mass removal rate (RMR) established for the process.
The required organic mass removal rate and the actual organic mass
removal rate for the process shall be determined using the procedures
specified in Sec. 265.1084(b) of this subpart.
(iv) A biological process that destroys or degrades the organics
contained in the hazardous waste, such that either of the following
conditions is met:
(A) The organic reduction efficiency (R) for the process is equal
to or greater than 95 percent, and the organic biodegradation
efficiency (Rbio) for the process is equal to or greater than 95
percent. The organic reduction efficiency and the organic
biodegradation efficiency for the process shall be determined using the
[[Page 59973]]
procedures specified in Sec. 265.1084(b) of this subpart.
(B) The total actual organic mass biodegradation rate (MRbio)
for all hazardous waste treated by the process is equal to or greater
than the required organic mass removal rate (RMR). The required organic
mass removal rate and the actual organic mass biodegradation rate for
the process shall be determined using the procedures specified in
Sec. 265.1084(b) of this subpart.
(v) A process that removes or destroys the organics contained in
the hazardous waste and meets all of the following conditions:
(A) From the point of waste origination through the point where the
hazardous waste enters the treatment process, the hazardous waste is
managed continuously in waste management units which use air emission
controls in accordance with the standards specified in Sec. 265.1085
through Sec. 265.1088 of this subpart, as applicable to the waste
management unit.
(B) From the point of waste origination through the point where the
hazardous waste enters the treatment process, any transfer of the
hazardous waste is accomplished through continuous hard-piping or other
closed system transfer that does not allow exposure of the waste to the
atmosphere. The EPA considers a drain system that meets the
requirements of 40 CFR part 63, subpart RR--National Emission Standards
for Individual Drain Systems to be a closed system.
(C) The average VO concentration of the hazardous waste at the
point of waste treatment is less than the lowest average VO
concentration at the point of waste origination determined for each of
the individual waste streams entering the process or 500 ppmw,
whichever value is lower. The average VO concentration of each
individual waste stream at the point of waste origination shall be
determined using the procedures specified in Sec. 265.1084(a) of this
subpart. The average VO concentration of the hazardous waste at the
point of waste treatment shall be determined using the procedures
specified in Sec. 265.1084(b) of this subpart.
(vi) A process that removes or destroys the organics contained in
the hazardous waste to a level such that the organic reduction
efficiency (R) for the process is equal to or greater than 95 percent
and the owner or operator certifies that the average VO concentration
at the point of waste origination for each of the individual waste
streams entering the process is less than 10,000 ppmw. The organic
reduction efficiency for the process and the average VO concentration
of the hazardous waste at the point of waste origination shall be
determined using the procedures specified in Sec. 265.1084(b) and
Sec. 265.1084(a) of this subpart, respectively.
(vii) A hazardous waste incinerator for which the owner or operator
has either:
(A) Been issued a final permit under 40 CFR part 270 which
implements the requirements of 40 CFR part 264, subpart O; or
(B) Has designed and operates the incinerator in accordance with
the interim status requirements of subpart O of this part.
(viii) A boiler or industrial furnace for which the owner or
operator has either:
(A) Been issued a final permit under 40 CFR part 270 which
implements the requirements of 40 CFR part 266, subpart H, or
(B) Has designed and operates the boiler or industrial furnace in
accordance with the interim status requirements of 40 CFR part 266,
subpart H.
(ix) For the purpose of determining the performance of an organic
destruction or removal process in accordance with the conditions in
each of paragraphs (c)(2)(i) through (c)(2)(vi) of this section, the
owner or operator shall account for VO concentrations determined to be
below the limit of detection of the analytical method by using the
following VO concentration:
(A) If Method 25D in 40 CFR part 60, appendix A is used for the
analysis, one-half the blank value determined in the method.
(B) If any other analytical method is used, one-half the limit of
detection established for the method.
(3) A tank used for biological treatment of hazardous waste in
accordance with the requirements of paragraph (c)(2)(iv) of this
section.
(4) A tank, surface impoundment, or container for which all
hazardous waste placed in the unit either:
(i) Meets the numerical concentration limits for organic hazardous
constituents, applicable to the hazardous waste, as specified in 40 CFR
part 268--Land Disposal Restrictions under Table ``Treatment Standards
for Hazardous Waste'' in 40 CFR 268.40; or
(ii) Has been treated by the treatment technology established by
EPA for the waste in 40 CFR 268.42(a), or treated by an equivalent
method of treatment approved by EPA pursuant to 40 CFR 268.42(b).
(5) A tank used for bulk feed of hazardous waste to a waste
incinerator and 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 November 25, 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 or electrical equipment; or to direct air flow 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.
(d) The Regional Administrator may at any time perform or request
that the owner or operator perform a waste determination for a
hazardous waste managed in a tank, surface impoundment, or container
exempted from using air emission controls under the provisions of this
section as follows:
(1) The waste determination for average VO concentration of a
hazardous waste at the point of waste origination shall be performed
using direct measurement in accordance with the applicable requirements
of Sec. 265.1084(a) of this subpart. The waste determination for a
hazardous waste at the point of waste treatment shall be performed in
accordance with the applicable requirements of Sec. 265.1084(b) of this
subpart.
(2) In performing a waste determination pursuant to paragraph
(d)(1) of this section, the sample preparation and analysis shall be
conducted as follows:
(i) In accordance with the method used by the owner or operator to
perform the waste analysis, except in the case specified in paragraph
(d)(2)(ii) of this section.
(ii) If the Regional Administrator determines that the method used
by the owner or operator was not appropriate
[[Page 59974]]
for the hazardous waste managed in the tank, surface impoundment, or
container, then the Regional Administrator may choose an appropriate
method.
(3) In a case when the owner or operator is requested to perform
the waste determination, the Regional Administrator may elect to have
an authorized representative observe the collection of the hazardous
waste samples used for the analysis.
(4) In a case when the results of the waste determination performed
or requested by the Regional Administrator do not agree with the
results of a waste determination performed by the owner or operator
using knowledge of the waste, then the results of the waste
determination performed in accordance with the requirements of
paragraph (d)(1) of this section shall be used to establish compliance
with the requirements of this subpart.
(5) In a case when the owner or operator has used an averaging
period greater than 1 hour for determining the average VO concentration
of a hazardous waste at the point of waste origination, the Regional
Administrator may elect to establish compliance with this subpart by
performing or requesting that the owner or operator perform a waste
determination using direct measurement based on waste samples collected
within a 1-hour period as follows:
(i) The average VO concentration of the hazardous waste at the
point of waste origination shall be determined by direct measurement in
accordance with the requirements of Sec. 265.1084(a) of this subpart.
(ii) Results of the waste determination performed or requested by
the Regional Administrator showing that the average VO concentration of
the hazardous waste at the point of waste origination is equal to or
greater than 500 ppmw shall constitute noncompliance with this subpart
except in a case as provided for in paragraph (d)(5)(iii) of this
section.
(iii) For the case when the average VO concentration of the
hazardous waste at the point of waste origination previously has been
determined by the owner or operator using an averaging period greater
than 1 hour to be less than 500 ppmw but because of normal operating
process variations the VO concentration of the hazardous waste
determined by direct measurement for any given 1-hour period may be
equal to or greater than 500 ppmw, information that was used by the
owner or operator to determine the average VO concentration of the
hazardous waste (e.g., test results, measurements, calculations, and
other documentation) and recorded in the facility records in accordance
with the requirements of Sec. 265.1084(a) and Sec. 265.1090 of this
subpart shall be considered by the Regional Administrator together with
the results of the waste determination performed or requested by the
Regional Administrator in establishing compliance with this subpart.
41. Section 265.1084 is revised to read as follows:
Sec. 265.1084 Waste determination procedures.
(a) Waste determination procedure to determine average volatile
organic (VO) concentration of a hazardous waste at the point of waste
origination.
(1) An owner or operator shall determine the average VO
concentration at the point of waste origination for each hazardous
waste placed in a waste management unit exempted under the provisions
of Sec. 265.1083(c)(1) of this subpart from using air emission controls
in accordance with standards specified in Sec. 265.1085 through
Sec. 265.1088 of this subpart, as applicable to the waste management
unit.
(2) The average VO concentration of a hazardous waste at the point
of waste origination shall be determined using either direct
measurement as specified in paragraph (a)(3) of this section or by
knowledge as specified in paragraph (a)(4) of this section.
(3) Direct measurement to determine average VO concentration of a
hazardous waste at the point of waste origination.
(i) Identification. The owner or operator shall identify and record
the point of waste origination for the hazardous waste.
(ii) Sampling. Samples of the hazardous waste stream shall be
collected at the point of waste origination in a manner such that
volatilization of organics contained in the waste and in the subsequent
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 VO
concentration for the hazardous waste 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 hazardous waste stream but shall not exceed 1 year.
(B) A sufficient number of samples, but no less than four samples,
shall be collected for the hazardous waste stream to represent the
complete range of compositions and quantities that occur during the
entire averaging period due to normal variations in the operating
conditions for the source or process generating the hazardous waste
stream. Examples of such normal variations are seasonal variations in
waste 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 hazardous waste 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
facility 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
SW-846, (incorporated by reference--refer to Sec. 260.11(a) of this
chapter), or in Method 25D in 40 CFR part 60, appendix A.
(iii) Analysis. Each collected sample shall be prepared and
analyzed in accordance with one or more of the methods listed in
paragraphs (a)(3)(iii)(A) through (a)(3)(iii)(I) of this section,
including appropriate quality assurance and quality control (QA/QC)
checks and use of target compounds for calibration. If Method 25D in 40
CFR part 60, appendix A is not used, then one or more methods should be
chosen that are appropriate to ensure that the waste determination
accounts for and reflects all organic compounds in the waste with
Henry's law constant values at least 0.1 mole-fraction-in-the-gas-
phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be
expressed as 1.8 x 10-6 atmospheres/gram-mole/m\3\] at 25
degrees Celsius. Each of the analytical methods listed in paragraphs
(a)(3)(iii)(B) through (a)(3)(iii)(G) of this section has an associated
list of approved chemical compounds, for which EPA considers the method
appropriate for measurement. If an owner or operator uses EPA Method
624, 625, 1624, or 1625 in 40 CFR part 136, appendix A to analyze one
or more compounds that are not on that method's published list, the
Alternative Test Procedure contained in 40 CFR 136.4 and 136.5 must be
followed. If an owner or operator uses EPA Method 8260(B) or 8270(C) in
``Test Methods for Evaluating Solid Waste, Physical/
[[Page 59975]]
Chemical Methods'', EPA Publication SW-846, (incorporated by
reference--refer to Sec. 260.11(a) of this chapter) to analyze one or
more compounds that are not on that method's published list, the
procedures in paragraph (a)(3)(iii)(H) of this section must be
followed. At the owner's or operator's discretion, the concentration of
each individual chemical constituent measured in the waste by a method
other than Method 25D may be corrected to the concentration had it been
measured using Method 25D by multiplying the measured concentration by
the constituent-specific adjustment factor (fm25D) as specified in
paragraph (a)(4)(iii) of this section. Constituent-specific adjustment
factors (fm25D) can be obtained by contacting the Waste and
Chemical Processes Group, Office of Air Quality Planning and Standards,
Research Triangle Park, NC 27711. (A) Method 25D in 40 CFR part 60,
appendix A.
(B) Method 624 in 40 CFR part 136, appendix A.
(C) Method 625 in 40 CFR part 136, appendix A. Perform corrections
to the compounds for which the analysis is being conducted based on the
``accuracy as recovery'' using the factors in Table 7 of the method.
(D) Method 1624 in 40 CFR part 136, appendix A.
(E) Method 1625 in 40 CFR part 136, appendix A.
(F) Method 8260(B) in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods'', EPA Publication SW-846, (incorporated by
reference--refer to Sec. 260.11(a) of this chapter). Maintain a formal
quality assurance program consistent with the requirements of Method
8260(B). The quality assurance program shall include the following
elements:
(1) Documentation of site-specific procedures to minimize the loss
of compounds due to volatilization, biodegradation, reaction, or
sorption during the sample collection, storage, preparation,
introduction, and analysis steps.
(2) Measurement of the overall accuracy and precision of the
specific procedures.
(G) Method 8270(C) in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods'', EPA Publication SW-846, (incorporated by
reference--refer to Sec. 260.11(a) of this chapter). Maintain a formal
quality assurance program consistent with the requirements of Method
8270(C). The quality assurance program shall include the following
elements:
(1) Documentation of site-specific procedures to minimize the loss
of compounds due to volatilization, biodegradation, reaction, or
sorption during the sample collection, storage, and preparation steps.
(2) Measurement of the overall accuracy and precision of the
specific procedures.
(H) Any other EPA standard method that has been validated in
accordance with ``Alternative Validation Procedure for EPA Waste and
Wastewater Methods'', 40 CFR part 63, appendix D. As an alternative,
other EPA standard methods may be validated by the procedure specified
in paragraph (a)(3)(iii)(I) of this section.
(I) Any other analysis method that has been validated in accordance
with the procedures specified in Section 5.1 or Section 5.3, and the
corresponding calculations in Section 6.1 or Section 6.3, of Method 301
in 40 CFR part 63, appendix A. The data are acceptable if they meet the
criteria specified in Section 6.1.5 or Section 6.3.3 of Method 301. If
correction is required under section 6.3.3 of Method 301, the data are
acceptable if the correction factor is within the range 0.7 to 1.30.
Other sections of Method 301 are not required.
(iv) Calculations. The average VO concentration (C) on a mass-
weighted basis shall be calculated by using the results for all samples
analyzed in accordance with paragraph (a)(3)(iii) of this section and
the following equation:
[GRAPHIC] [TIFF OMITTED] TR25NO96.000
Where:
C = Average VO concentration of the hazardous waste at the point of
waste origination on a mass-weighted basis, ppmw.
i = Individual sample ``i'' of the hazardous waste.
n = Total number of samples of the hazardous waste collected (at least
4) for the averaging period (not to exceed 1 year).
Qi = Mass quantity of hazardous waste stream represented by
Ci, kg/hr.
QT = Total mass quantity of hazardous waste during the averaging
period, kg/hr.
Ci = Measured VO concentration of sample ``i'' as determined in
accordance with the requirements of Sec. 265.1084(a)(3)(iii) of this
subpart, ppmw.
(4) Use of owner or operator knowledge to determine average VO
concentration of a hazardous waste at the point of waste origination.
(i) Documentation shall be prepared that presents the information
used as the basis for the owner's or operator's knowledge of the
hazardous waste stream's average VO concentration. Examples of
information that may be used as the basis for knowledge include:
Material balances for the source or process generating the hazardous
waste stream; constituent-specific chemical test data for the hazardous
waste stream from previous testing that are still applicable to the
current waste stream; previous test data for other locations managing
the same type of waste 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 VO concentration.
For example, an owner or operator may use organic concentration test
data for the hazardous waste stream that are validated in accordance
with Method 301 in 40 CFR part 63, appendix A as the basis for
knowledge of the waste.
(iii) An owner or operator using chemical constituent-specific
concentration test data as the basis for knowledge of the hazardous
waste may adjust the test data to the corresponding average VO
concentration value which would have been obtained had the waste
samples been analyzed using Method 25D in 40 CFR part 60, appendix A.
To adjust these data, the measured concentration for each individual
chemical constituent contained in the waste is multiplied by the
appropriate constituent-specific adjustment factor (fm25D).
(iv) In the event that the Regional Administrator and the owner or
operator disagree on a determination of the average VO concentration
for a hazardous waste stream using knowledge, then the results from a
determination of average VO concentration using direct measurement as
specified in paragraph (a)(3) of this section shall be used to
establish compliance with the applicable requirements of this subpart.
The Regional Administrator may perform or request that the owner or
operator perform this determination using direct measurement.
(b) Waste determination procedures for treated hazardous waste.
(1) An owner or operator shall perform the applicable waste
determination for each treated hazardous waste placed in a waste
management unit exempted under the provisions of Sec. 265.1083(c)(2) of
this
[[Page 59976]]
subpart from using air emission controls in accordance with standards
specified in Sec. 265.1085 through Sec. 265.1088 of this subpart, as
applicable to the waste management unit.
(2) The owner or operator shall designate and record the specific
provision in Sec. 265.1083(c)(2) of this subpart under which the waste
determination is being performed. The waste determination for the
treated hazardous waste shall be performed using the applicable
procedures specified in paragraphs (b)(3) through (b)(9) of this
section.
(3) Procedure to determine the average VO concentration of a
hazardous waste at the point of waste treatment.
(i) Identification. The owner or operator shall identify and record
the point of waste treatment for the hazardous waste.
(ii) Sampling. Samples of the hazardous waste stream shall be
collected at the point of waste treatment in a manner such that
volatilization of organics contained in the waste and in the subsequent
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 VO
concentration for the hazardous waste 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 hazardous waste stream but shall not exceed 1 year.
(B) A sufficient number of samples, but no less than four samples,
shall be collected for the hazardous waste stream to represent the
complete range of compositions and quantities that occur during the
entire averaging period due to normal variations in the operating
conditions for the process treating the hazardous waste stream.
Examples of such normal variations are seasonal variations in waste
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 hazardous waste 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
facility 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 (incorporated by reference--refer to Sec. 260.11(a) of this
chapter), or in Method 25D in 40 CFR part 60, appendix A.
(iii) Analysis. Each collected sample shall be prepared and
analyzed in accordance with one or more of the methods listed in
paragraphs (b)(3)(iii)(A) through (b)(3)(iii)(I) of this section,
including appropriate quality assurance and quality control (QA/QC)
checks and use of target compounds for calibration. If Method 25D in 40
CFR part 60, appendix A is not used, then one or more methods should be
chosen that are appropriate to ensure that the waste determination
accounts for and reflects all organic compounds in the waste with
Henry's law constant values at least 0.1 mole-fraction-in-the-gas-
phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be
expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at 25
degrees Celsius. Each of the analytical methods listed in paragraphs
(b)(3)(iii)(B) through (b)(3)(iii)(G) of this section has an associated
list of approved chemical compounds, for which EPA considers the method
appropriate for measurement. If an owner or operator uses EPA Method
624, 625, 1624, or 1625 in 40 CFR part 136, appendix A to analyze one
or more compounds that are not on that method's published list, the
Alternative Test Procedure contained in 40 CFR 136.4 and 136.5 must be
followed. If an owner or operator uses EPA Method 8260(B) or 8270(C) in
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods'',
EPA Publication SW-846 (incorporated by reference--refer to
Sec. 260.11(a) of this chapter) to analyze one or more compounds that
are not on that method's published list, the procedures in paragraph
(b)(3)(iii)(H) of this section must be followed. At the owner's or
operator's discretion, the concentration of each individual chemical
constituent measured in the waste by a method other than Method 25D may
be corrected to the concentration had it been measured using Method 25D
by multiplying the measured concentration by the constituent-specific
adjustment factor (fm25D) as specified in paragraph (a)(4)(iii) of
this section. Constituent-specific adjustment factors (fm25D) can
be obtained by contacting the Waste and Chemical Processes Group,
Office of Air Quality Planning and Standards, Research Triangle Park,
NC 27711.
(A) Method 25D in 40 CFR part 60, appendix A.
(B) Method 624 in 40 CFR part 136, appendix A.
(C) Method 625 in 40 CFR part 136, appendix A. Perform corrections
to the compounds for which the analysis is being conducted based on the
``accuracy as recovery'' using the factors in Table 7 of the method.
(D) Method 1624 in 40 CFR part 136, appendix A.
(E) Method 1625 in 40 CFR part 136, appendix A.
(F) Method 8260(B) in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods'', EPA Publication SW-846, (incorporated by
reference--refer to Sec. 260.11(a) of this chapter). Maintain a formal
quality assurance program consistent with the requirements of Method
8260(B). The quality assurance program shall include the following
elements:
(1) Documentation of site-specific procedures to minimize the loss
of compounds due to volatilization, biodegradation, reaction, or
sorption during the sample collection, storage, preparation,
introduction, and analysis steps.
(2) Measurement of the overall accuracy and precision of the
specific procedures.
(G) Method 8270(C) in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods'', EPA Publication SW-846, (incorporated by
reference--refer to Sec. 260.11(a) of this chapter). Maintain a formal
quality assurance program consistent with the requirements of Method
8270(C). The quality assurance program shall include the following
elements:
(1) Documentation of site-specific procedures to minimize the loss
of compounds due to volatilization, biodegradation, reaction, or
sorption during the sample collection, storage, preparation,
introduction, and analysis steps.
(2) Measurement of the overall accuracy and precision of the
specific procedures.
(H) Any other EPA standard method that has been validated in
accordance with ``Alternative Validation Procedure for EPA Waste and
Wastewater Methods'', 40 CFR part 63, appendix D. As an alternative,
other EPA standard methods may be validated by the procedure specified
in paragraph (b)(3)(iii)(I) of this section.
(I) Any other analysis method that has been validated in accordance
with the procedures specified in Section 5.1 or Section 5.3, and the
corresponding
[[Page 59977]]
calculations in Section 6.1 or Section 6.3, of Method 301 in 40 CFR
part 63, appendix A. The data are acceptable if they meet the criteria
specified in Section 6.1.5 or Section 6.3.3 of Method 301. If
correction is required under section 6.3.3 of Method 301, the data are
acceptable if the correction factor is within the range 0.7 to 1.30.
Other sections of Method 301 are not required.
(iv) Calculations. The average VO concentration (C) on a mass-
weighted basis shall be calculated by using the results for all samples
analyzed in accordance with paragraph (b)(3)(iii) of this section and
the following equation:
[GRAPHIC] [TIFF OMITTED] TR25NO96.001
Where:
C= Average VO concentration of the hazardous waste at the point of
waste treatment on a mass-weighted basis, ppmw.
i = Individual sample ``i'' of the hazardous waste.
n = Total number of samples of the hazardous waste collected (at least
4) for the averaging period (not to exceed 1 year).
Qi = Mass quantity of hazardous waste stream represented by
Ci, kg/hr.
QT = Total mass quantity of hazardous waste during the averaging
period, kg/hr.
Ci = Measured VO concentration of sample ``i'' as determined in
accordance with the requirements of Sec. 265.1084(b)(3)(iii) of this
subpart, ppmw.
(4) Procedure to determine the exit concentration limit (Ct)
for a treated hazardous waste.
(i) The point of waste origination for each hazardous waste treated
by the process at the same time shall be identified.
(ii) If a single hazardous waste stream is identified in paragraph
(b)(4)(i) of this section, then the exit concentration limit (Ct)
shall be 500 ppmw.
(iii) If more than one hazardous waste stream is identified in
paragraph (b)(4)(i) of this section, then the average VO concentration
of each hazardous waste stream at the point of waste origination shall
be determined in accordance with the requirements of paragraph (a) of
this section. The exit concentration limit (Ct) shall be
calculated by using the results determined for each individual
hazardous waste stream and the following equation:
[GRAPHIC] [TIFF OMITTED] TR25NO96.002
Where:
Ct = Exit concentration limit for treated hazardous waste, ppmw.
x = Individual hazardous waste stream ``x'' that has an average VO
concentration less than 500 ppmw at the point of waste origination as
determined in accordance with the requirements of Sec. 265.1084(a) of
this subpart.
y = Individual hazardous waste stream ``y'' that has an average VO
concentration equal to or greater than 500 ppmw at the point of waste
origination as determined in accordance with the requirements of
Sec. 265.1084(a) of this subpart.
m = Total number of ``x'' hazardous waste streams treated by process.
n = Total number of ``y'' hazardous waste streams treated by process.
Qx = Annual mass quantity of hazardous waste stream ``x,'' kg/yr.
Qy = Annual mass quantity of hazardous waste stream ``y,'' kg/yr.
Cx = Average VO concentration of hazardous waste stream ``x'' at
the point of waste origination as determined in accordance with the
requirements of Sec. 265.1084(a) of this subpart, ppmw.
(5) Procedure to determine the organic reduction efficiency (R) for
a treated hazardous waste.
(i) The organic reduction efficiency (R) for a treatment process
shall be determined based on results for a minimum of three consecutive
runs.
(ii) All hazardous waste streams entering the treatment process and
all hazardous waste 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 hazardous waste in the process.
(iii) For each run, information shall be determined for each
hazardous waste stream identified in paragraph (b)(5)(ii) of this
section using the following procedures:
(A) The mass quantity of each hazardous waste stream entering the
process (Qb) and the mass quantity of each hazardous waste stream
exiting the process (Qa) shall be determined.
(B) The average VO concentration at the point of waste origination
of each hazardous waste stream entering the process (Cb) during
the run shall be determined in accordance with the requirements of
paragraph (a)(3) of this section. The average VO concentration at the
point of waste treatment of each waste stream exiting the process
(Ca) during the run shall be determined in accordance with the
requirements of paragraph (b)(3) of this section.
(iv) The waste volatile organic mass flow entering the process
(Eb) and the waste volatile organic mass flow exiting the process
(Ea) shall be calculated by using the results determined in
accordance with paragraph (b)(5)(iii) of this section and the following
equations:
[GRAPHIC] [TIFF OMITTED] TR25NO96.003
Where:
Ea = Waste volatile organic mass flow exiting process, kg/hr.
Eb = Waste volatile organic mass flow entering process, kg/hr.
m = Total number of runs (at least 3)
j = Individual run ``j''
Qb = Mass quantity of hazardous waste entering process during run
``j,'' kg/hr.
Qa = Average mass quantity of hazardous waste exiting process
during run ``j,'' kg/hr.
Ca = Average VO concentration of hazardous waste exiting process
during run ``j'' as determined in accordance with the requirements of
Sec. 265.1084(b)(3) of this subpart, ppmw.
Cb = Average VO concentration of hazardous waste entering process
during run ``j'' as determined in accordance with the requirements of
Sec. 265.1084(a)(3) of this subpart, ppmw.
(v) The organic reduction efficiency of the process shall be
calculated by using the results determined in accordance with paragraph
(b)(5)(iv) of this section and the following equation:
[GRAPHIC] [TIFF OMITTED] TR25NO96.004
Where:
R = Organic reduction efficiency, percent.
Eb = Waste volatile organic mass flow entering process as
determined in accordance with the requirements of paragraph (b)(5)(iv)
of this section, kg/hr.
Ea = Waste volatile organic mass flow exiting process as
determined in accordance with the requirements of paragraph (b)(5)(iv)
of this section, kg/hr.
[[Page 59978]]
(6) Procedure to determine the organic biodegradation efficiency
(Rbio) for a treated hazardous waste.
(i) The fraction of organics biodegraded (Fbio) shall be
determined using the procedure specified in 40 CFR part 63, appendix C
of this chapter.
(ii) The Rbio shall be calculated by using the following
equation:
[GRAPHIC] [TIFF OMITTED] TR25NO96.005
Where:
Rbio = Organic biodegradation efficiency, percent.
Fbio = Fraction of organic biodegraded as determined in accordance
with the requirements of paragraph (b)(6)(i) of this section.
(7) Procedure to determine the required organic mass removal rate
(RMR) for a treated hazardous waste.
(i) All of the hazardous waste streams entering the treatment
process shall be identified.
(ii) The average VO concentration of each hazardous waste stream at
the point of waste origination shall be determined in accordance with
the requirements of paragraph (a) of this section.
(iii) For each individual hazardous waste stream that has an
average VO concentration equal to or greater than 500 ppmw at the point
of waste origination, the average volumetric flow rate and the density
of the hazardous waste stream at the point of waste origination shall
be determined.
(iv) The RMR shall be calculated by using the average VO
concentration, average volumetric flow rate, and density determined for
each individual hazardous waste stream, and the following equation:
[GRAPHIC] [TIFF OMITTED] TR25NO96.006
Where:
RMR = Required organic mass removal rate, kg/hr.
y = Individual hazardous waste stream ``y'' that has an average VO
concentration equal to or greater than 500 ppmw at the point of waste
origination as determined in accordance with the requirements of
Sec. 265.1084(a) of this subpart.
n = Total number of ``y'' hazardous waste streams treated by process.
Vy = Average volumetric flow rate of hazardous waste stream ``y''
at the point of waste origination, m\3\/hr.
ky = Density of hazardous waste stream ``y,'' kg/m\3\
Cy = Average VO concentration of hazardous waste stream ``y'' at
the point of waste origination as determined in accordance with the
requirements of Sec. 265.1084(a) of this subpart, ppmw.
(8) Procedure to determine the actual organic mass removal rate
(MR) for a treated hazardous waste.
(i) The MR shall be determined based on results for a minimum of
three consecutive runs. The sampling time for each run shall be 1 hour.
(ii) The waste volatile organic mass flow entering the process
(Eb) and the waste volatile organic mass flow exiting the process
(Ea) shall be determined in accordance with the requirements of
paragraph (b)(5)(iv) of this section.
(iii) The MR shall be calculated by using the mass flow rate
determined in accordance with the requirements of paragraph (b)(8)(ii)
of this section and the following equation:
Where:
MR = Eb -Ea
MR = Actual organic mass removal rate, kg/hr.
Eb = Waste volatile organic mass flow entering process as
determined in accordance with the requirements of paragraph (b)(5)(iv)
of this section, kg/hr.
Ea = Waste volatile organic mass flow exiting process as
determined in accordance with the requirements of paragraph (b)(5)(iv)
of this section, kg/hr.
(9) Procedure to determine the actual organic mass biodegradation
rate (MRbio) for a treated hazardous waste.
(i) The MRbio shall be determined based on results for a
minimum of three consecutive runs. The sampling time for each run shall
be 1 hour.
(ii) The waste organic mass flow entering the process (Eb)
shall be determined in accordance with the requirements of paragraph
(b)(5)(iv) of this section.
(iii) The fraction of organic biodegraded (Fbio) shall be
determined using the procedure specified in 40 CFR part 63, appendix C
of this chapter.
(iv) The MRbio shall be calculated by using the mass flow
rates and fraction of organic biodegraded determined in accordance with
the requirements of paragraphs (b)(9)(ii) and (b)(9)(iii),
respectively, of this section and the following equation:
Where:
MRbio = Eb x Fbio
MRbio = Actual organic mass biodegradation rate, kg/hr.
Eb = Waste organic mass flow entering process as determined in
accordance with the requirements of paragraph (b)(5)(iv) of this
section, kg/hr.
Fbio = Fraction of organic biodegraded as determined in accordance
with the requirements of paragraph (b)(9)(iii) of this section.
(c) Procedure to determine the maximum organic vapor pressure of a
hazardous waste in a tank.
(1) An owner or operator shall determine the maximum organic vapor
pressure for each hazardous waste placed in a tank using Tank Level 1
controls in accordance with the standards specified in Sec. 265.1085(c)
of this subpart.
(2) An owner or operator shall use either direct measurement as
specified in paragraph (c)(3) of this section or knowledge of the waste
as specified by paragraph (c)(4) of this section to determine the
maximum organic vapor pressure which is representative of the hazardous
waste composition stored or treated in the tank.
(3) Direct measurement to determine the maximum organic vapor
pressure of a hazardous waste.
(i) Sampling. A sufficient number of samples shall be collected to
be representative of the waste 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 hazardous waste 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 facility 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
[[Page 59979]]
Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA
Publication No. SW-846, (incorporated by reference--refer to
Sec. 260.11(a) of this chapter), or in Method 25D in 40 CFR part 60,
appendix A.
(ii) Analysis. Any appropriate one of the following methods may be
used to analyze the samples and compute the maximum organic vapor
pressure of the hazardous waste:
(A) Method 25E in 40 CFR part 60 appendix A;
(B) Methods described in American Petroleum Institute Publication
2517, Third Edition, February 1989, ``Evaporative Loss from External
Floating-Roof Tanks,'' (incorporated by reference--refer to Sec. 260.11
of this chapter);
(C) Methods obtained from standard reference texts;
(D) ASTM Method 2879-92 (incorporated by reference--refer to
Sec. 260.11 of this chapter); and
(E) Any other method approved by the Regional Administrator.
(4) Use of knowledge to determine the maximum organic vapor
pressure of the hazardous waste. 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 organic vapor pressure
of the hazardous waste is less than the maximum vapor pressure limit
listed in Sec. 265.1085(b)(1)(i) of this subpart for the applicable
tank design capacity category. An example of information that may be
used is documentation that the hazardous waste is generated by a
process for which at other locations it previously has been determined
by direct measurement that the waste maximum organic vapor pressure is
less than the maximum vapor pressure limit for the appropriate tank
design capacity category.
(d) 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 hazardous
waste having an organic concentration representative of the range of
concentrations for the hazardous waste 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 hazardous waste
placed in the waste management 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 of 40 CFR part 60,
appendix A. 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 except when monitoring a
seal around a rotating shaft that passes through a cover opening, in
which case the comparison shall be as specified in paragraph (d)(9) of
this section. If the difference is less than 500 ppmv, then the
potential leak interface is determined to operate with no detectable
organic emissions.
(9) For the seals around a rotating shaft that passes through a
cover opening, the arithmetic difference between the maximum organic
concentration indicated by the instrument and the background level
shall be compared with the value of 10,000 ppmw. If the difference is
less than 10,000 ppmw, then the potential leak interface is determined
to operate with no detectable organic emissions.
42. Section 265.1085 is revised to read as follows:
Sec. 265.1085 Standards: Tanks.
(a) The provisions of this section apply to the control of air
pollutant emissions from tanks for which Sec. 265.1083(b) of this
subpart references the use of this section for such air emission
control.
(b) The owner or operator shall control air pollutant emissions
from each tank subject to this section in accordance with the following
requirements, as applicable:
(1) For a tank that manages hazardous waste that meets all of the
conditions specified in paragraphs (b)(1)(i) through (b)(1)(iii) of
this section, the owner or operator shall control air pollutant
emissions from the tank in accordance with the Tank Level 1 controls
specified in paragraph (c) of this section or the Tank Level 2 controls
specified in paragraph (d) of this section.
(i) The hazardous waste in the tank has a maximum organic vapor
pressure which is less than the maximum organic vapor pressure limit
for the tank's design capacity category as follows:
(A) For a tank design capacity equal to or greater than 151 m\3\,
the maximum organic vapor pressure limit for the tank is 5.2 kPa.
(B) For a tank design capacity equal to or greater than 75 m\3\ but
less than 151 m\3\, the maximum organic vapor pressure limit for the
tank is 27.6 kPa.
(C) For a tank design capacity less than 75 m\3\, the maximum
organic vapor pressure limit for the tank is 76.6 kPa.
(ii) The hazardous waste in the tank is not heated by the owner or
operator to a temperature that is greater than the temperature at which
the maximum organic vapor pressure of the hazardous waste is determined
for the purpose of complying with paragraph (b)(1)(i) of this section.
(iii) The hazardous waste in the tank is not treated by the owner
or operator using a waste stabilization process, as defined in
Sec. 265.1081 of this subpart.
(2) For a tank that manages hazardous waste that does not meet all
of the conditions specified in paragraphs (b)(1)(i) through (b)(1)(iii)
of this section, the owner or operator shall control air pollutant
emissions from the tank by using Tank Level 2 controls in accordance
with the requirements of
[[Page 59980]]
paragraph (d) of this section. Examples of tanks required to use Tank
Level 2 controls include: A tank used for a waste stabilization
process; and a tank for which the hazardous waste in the tank has a
maximum organic vapor pressure that is equal to or greater than the
maximum organic vapor pressure limit for the tank's design capacity
category as specified in paragraph (b)(1)(i) of this section.
(c) Owners and operators controlling air pollutant emissions from a
tank using Tank Level 1 controls shall meet the requirements specified
in paragraphs (c)(1) through (c)(4) of this section:
(1) The owner or operator shall determine the maximum organic vapor
pressure for a hazardous waste to be managed in the tank using Tank
Level 1 controls before the first time the hazardous waste is placed in
the tank. The maximum organic vapor pressure shall be determined using
the procedures specified in Sec. 265.1084(c) of this subpart.
Thereafter, the owner or operator shall perform a new determination
whenever changes to the hazardous waste managed in the tank could
potentially cause the maximum organic vapor pressure to increase to a
level that is equal to or greater than the maximum organic vapor
pressure limit for the tank design capacity category specified in
paragraph (b)(1)(i) of this section, as applicable to the tank.
(2) The tank shall be equipped with a fixed roof designed to meet
the following specifications:
(i) The fixed roof and its closure devices shall be designed to
form a continuous barrier over the entire surface area of the hazardous
waste 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).
(ii) 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.
(iii) Each opening in the fixed roof shall be either:
(A) 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
(B) 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 it shall be operating whenever hazardous waste is managed
in the tank.
(iv) The fixed roof and its closure devices shall be made of
suitable materials that will minimize exposure of the hazardous waste
to the atmosphere, to the extent practical, and will maintain the
integrity of the fixed roof and closure devices throughout their
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 hazardous waste 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.
(3) Whenever a hazardous waste is in the tank, the fixed roof shall
be installed with each closure device secured in the closed position
except as follows:
(i) 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 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.
(B) To remove accumulated sludge or other residues from the bottom
of tank.
(ii) 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, ignitable,
explosive, reactive, or hazardous materials. Examples of normal
operating conditions that may require these devices to open are during
those times when the tank internal pressure exceeds the internal
pressure operating range for the tank as a result of loading operations
or diurnal ambient temperature fluctuations.
(iii) Opening of a safety device, as defined in Sec. 265.1081 of
this subpart, is allowed at any time conditions require doing so to
avoid an unsafe condition.
(4) The owner or operator shall inspect the air emission control
equipment 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 pollutant 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.
(ii) The owner or operator shall perform an initial inspection of
the fixed roof and its closure devices on or before the date that the
tank becomes subject to this section. Thereafter, the owner or operator
shall perform the inspections at least once every year except under the
special conditions provided for in paragraph (l) of this section.
(iii) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (k) of this section.
(iv) The owner or operator shall maintain a record of the
inspection in accordance with the requirements specified in
Sec. 265.1090(b) of this subpart.
(d) Owners and operators controlling air pollutant 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
[[Page 59981]]
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 controls air pollutant 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 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. 265.1081 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 completed 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 space 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 as follows:
(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 pollutant 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 hazardous waste surface
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 in paragraph (e)(3)(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.
(iii) As an alternative to performing the inspections specified in
paragraph (e)(3)(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.
(iv) Prior to each inspection required by paragraph (e)(3)(ii) or
(e)(3)(iii) of this section, the owner or operator shall notify the
Regional Administrator in advance of each inspection to provide the
Regional Administrator with the opportunity to have an observer present
during the inspection. The owner or operator shall notify the Regional
Administrator of the date and location of the inspection as follows:
(A) Prior to each visual inspection of an internal 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 Regional Administrator at least 30 calendar days before refilling
the tank except when an inspection is not planned as provided for in
paragraph (e)(3)(iv)(B) of this section.
(B) 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
Regional 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 Regional Administrator at least 7 calendar
days before refilling the tank.
(v) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (k) of this section.
(vi) The owner or operator shall maintain a record of the
inspection in accordance with the requirements specified in
Sec. 265.1090(b) of this subpart.
(f) The owner or operator who controls air pollutant emissions from
a tank 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. 265.1081 of this subpart. The total area
of the gaps between the
[[Page 59982]]
tank wall and the primary seal shall not exceed 212 square centimeters
(cm2) 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 (cm2) 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 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 well shall be equipped
with a cover designed to be bolted or fastened when the cover is
secured in the closed position.
(D) Each automatic bleeder vent and each rim space vent 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 liquid 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 completed 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.
(3) The owner or operator shall inspect the external floating roof
in accordance with the procedures specified as follows:
(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 calendar days
after initial operation of the tank following installation of the
floating roof and, thereafter, at least once every 5 years.
(B) The owner or operator shall perform measurements of gaps
between the tank wall and the secondary seal within 60 calendar days
after initial operation of the tank following installation of the
floating roof and, thereafter, at least once every year.
(C) If a tank ceases to hold hazardous waste for a period of 1 year
or more, subsequent introduction of hazardous waste into the tank shall
be considered an initial operation for the purposes of paragraphs
(f)(3)(i)(A) and (f)(3)(i)(B) of this section.
(D) The owner or operator 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 (f)(3) 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
paragraph (f)(1)(ii) of this section.
(E) In the event that the seal gap measurements do not conform to
the specifications in paragraph (f)(1)(ii) of this section, the owner
or operator shall repair the defect in accordance with the requirements
of paragraph (k) of this section.
(F) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 265.1090(b) 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 pollutant 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.
[[Page 59983]]
(B) The owner or operator shall perform an initial inspection of
the external floating roof and its closure devices on or before the
date that the tank becomes subject to this section. Thereafter, the
owner or operator shall perform the inspections at least once every
year except for the special conditions provided for in paragraph (l) of
this section.
(C) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (k) of this section.
(D) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 265.1090(b) of
this subpart.
(iii) Prior to each inspection required by paragraph (f)(3)(i) or
(f)(3)(ii) of this section, the owner or operator shall notify the
Regional Administrator in advance of each inspection to provide the
Regional Administrator with the opportunity to have an observer present
during the inspection. The owner or operator shall notify the Regional
Administrator of the date and location of the inspection as follows:
(A) Prior to each inspection to measure external floating roof seal
gaps as required under paragraph (f)(3)(i) of this section, written
notification shall be prepared and sent by the owner or operator so
that it is received by the Regional Administrator at least 30 calendar
days before the date the measurements are scheduled to be performed.
(B) Prior to each visual inspection of an 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 Regional Administrator at least 30 calendar days before refilling
the tank except when an inspection is not planned as provided for in
paragraph (f)(3)(iii)(C) of this section.
(C) 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
Regional 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 Regional Administrator at least 7 calendar
days before refilling the tank.
(g) The owner or operator who controls air pollutant emissions from
a tank by venting the tank 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 hazardous waste
to the atmosphere, to the extent practical, and will maintain the
integrity of the fixed roof and closure devices throughout their
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. 265.1088 of
this subpart.
(2) Whenever a hazardous waste 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 a tank.
(ii) Opening of a safety device, as defined in Sec. 265.1081 of
this subpart, is allowed at any time conditions require doing so to
avoid an unsafe condition.
(3) The owner or operator shall inspect and monitor the air
emission control equipment in accordance with the following procedures:
(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 pollutant 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.
(ii) The closed-vent system and control device shall be inspected
and monitored by the owner or operator in accordance with the
procedures specified in Sec. 265.1088 of this subpart.
(iii) The owner or operator shall perform an initial inspection of
the air emission control equipment on or before the date that the tank
becomes subject to this section. Thereafter, the owner or operator
shall perform the inspections at least once every year except for the
special conditions provided for in paragraph (l) of this section.
(iv) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (k) of this section.
(v) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 265.1090(b) of
this subpart.
(h) The owner or operator who controls air pollutant 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.
[[Page 59984]]
(2) All tank openings shall be equipped with closure devices
designed to operate with no detectable organic emissions as determined
using the procedure specified in Sec. 265.1084(d) of this subpart.
(3) Whenever a hazardous waste 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 a safety device, as defined in Sec. 265.1081 of this
subpart, is required to open to avoid an unsafe condition.
(i) The owner or operator who controls air pollutant 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 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. 265.1088 of this subpart.
(3) Safety devices, as defined in Sec. 265.1081 of this subpart,
may be installed and operated as necessary on any enclosure, closed-
vent system, or control device used to comply with the requirements of
paragraphs (i)(1) and (i)(2) of this section.
(4) The owner or operator shall inspect and monitor the closed-vent
system and control device as specified in Sec. 265.1088 of this
subpart.
(j) The owner or operator shall transfer hazardous waste to a tank
subject to this section in accordance with the following requirements:
(1) Transfer of hazardous waste, except as provided in paragraph
(j)(2) of this section, to the tank from another tank subject to this
section or from a surface impoundment subject to Sec. 265.1086 of this
subpart shall be conducted using continuous hard-piping or another
closed system that does not allow exposure of the hazardous waste to
the atmosphere. For the purpose of complying with this provision, an
individual drain system is considered to be a closed system when it
meets the requirements of 40 CFR part 63, subpart RR--National Emission
Standards for Individual Drain Systems.
(2) The requirements of paragraph (j)(1) of this section do not
apply when transferring a hazardous waste to the tank under any of the
following conditions:
(i) The hazardous waste meets the average VO concentration
conditions specified in Sec. 265.1083(c)(1) of this subpart at the
point of waste origination.
(ii) The hazardous waste has been treated by an organic destruction
or removal process to meet the requirements in Sec. 265.1083(c)(2) of
this subpart.
(k) The owner or operator shall repair each defect detected during
an inspection performed in accordance with the requirements of
paragraphs (c)(4), (e)(3), (f)(3), or (g)(3) of this section 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 (k)(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
hazardous waste 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 hazardous waste managed in the tank stops
operation. Repair of the defect shall be completed before the process
or unit resumes operation.
(l) Following the initial inspection and monitoring of the cover as
required by the applicable provisions of this subpart, subsequent
inspection and monitoring may be performed at intervals longer than 1
year under the following special conditions:
(1) In the case when inspecting or monitoring the cover would
expose a worker to dangerous, hazardous, or other unsafe conditions,
then the owner or operator may designate a cover as an ``unsafe to
inspect and monitor cover'' and comply with all of the following
requirements:
(i) Prepare a written explanation for the cover stating the reasons
why the cover is unsafe to visually inspect or to monitor, if required.
(ii) Develop and implement a written plan and schedule to inspect
and monitor the cover, using the procedures specified in the applicable
section of this subpart, as frequently as practicable during those
times when a worker can safely access the cover.
(2) In the case when a tank is buried partially or entirely
underground, an owner or operator is required to inspect and monitor,
as required by the applicable provisions of this section, only those
portions of the tank cover and those connections to the tank (e.g.,
fill ports, access hatches, gauge wells, etc.) that are located on or
above the ground surface.
43. Section 265.1086 is revised to read as follows:
Sec. 265.1086 Standards: surface impoundments.
(a) The provisions of this section apply to the control of air
pollutant emissions from surface impoundments for which
Sec. 265.1083(b) of this subpart references the use of this section for
such air emission control.
(b) The owner or operator shall control air pollutant emissions
from the surface impoundment by installing and operating either of the
following:
(1) A floating membrane cover in accordance with the provisions
specified in paragraph (c) of this section; or
(2) A cover that is vented through a closed-vent system to a
control device in accordance with the provisions specified in paragraph
(d) of this sections.
(c) The owner or operator who controls air pollutant emissions from
a surface impoundment using a floating membrane cover shall meet the
requirements specified in paragraphs (c)(1) through (c)(3) of this
section.
(1) The surface impoundment shall be equipped with a floating
membrane cover designed to meet the following specifications:
(i) 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.
(ii) The cover shall be fabricated from a synthetic membrane
material that is either:
(A) High density polyethylene (HDPE) with a thickness no less than
2.5 millimeters (mm); or
(B) A material or a composite of different materials determined to
have
[[Page 59985]]
both organic permeability properties that are equivalent to those of
the material listed in paragraph (c)(1)(ii)(A) of this section and
chemical and physical properties that maintain the material integrity
for the intended service life of the material.
(iii) 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.
(iv) Except as provided for in paragraph (c)(1)(v) 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.
(v) 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.
(vi) The closure devices shall be made of suitable materials that
will minimize exposure of the hazardous waste to the atmosphere, to the
extent practical, and will maintain the integrity of the closure
devices throughout their intended service life. Factors to be
considered when selecting the materials of construction 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.
(2) Whenever a hazardous waste 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:
(i) Opening of closure devices or removal of the cover is allowed
at the following times:
(A) 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.
(B) To remove accumulated sludge or other residues from the bottom
of surface impoundment.
(ii) Opening of a safety device, as defined in Sec. 265.1081 of
this subpart, is allowed at any time conditions require doing so to
avoid an unsafe condition.
(3) The owner or operator shall inspect the floating membrane cover
in accordance with the following procedures:
(i) 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 pollutant 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.
(ii) The owner or operator shall perform an initial inspection of
the floating membrane cover and its closure devices on or before the
date that the surface impoundment becomes subject to this section.
Thereafter, the owner or operator shall perform the inspections at
least once every year except for the special conditions provided for in
paragraph (g) of this section.
(iii) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (f) of this section.
(iv) The owner or operator shall maintain a record of the
inspection in accordance with the requirements specified in
Sec. 265.1090(c) of this subpart.
(d) The owner or operator who controls air pollutant emissions from
a surface impoundment using a cover vented to a control device shall
meet the requirements specified in paragraphs (d)(1) through (d)(3) of
this section.
(1) 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:
(i) The cover and its closure devices shall be designed to form a
continuous barrier over the entire surface area of the liquid in the
surface impoundment.
(ii) 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. 265.1084(d) of this subpart.
(iii) The cover and its closure devices shall be made of suitable
materials that will minimize exposure of the hazardous waste to the
atmosphere, to the extent practical, and will maintain the integrity of
the cover and closure devices throughout their 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.
(iv) The closed-vent system and control device shall be designed
and operated in accordance with the requirements of Sec. 265.1088 of
this subpart.
(2) Whenever a hazardous waste 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:
(i) Venting to the control device is not required, and opening of
closure devices or removal of the cover is allowed at the following
times:
(A) 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.
[[Page 59986]]
(B) To remove accumulated sludge or other residues from the bottom
of surface impoundment.
(ii) Opening of a safety device, as defined in Sec. 265.1081 of
this subpart, is allowed at any time conditions require doing so to
avoid an unsafe condition.
(3) The owner or operator shall inspect and monitor the air
emission control equipment in accordance with the following procedures:
(i) The surface impoundment cover and its closure devices shall be
visually inspected by the owner or operator to check for defects that
could result in air pollutant 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.
(ii) The closed-vent system and control device shall be inspected
and monitored by the owner or operator in accordance with the
procedures specified in Sec. 265.1088 of this subpart.
(iii) The owner or operator shall perform an initial inspection of
the air emission control equipment on or before the date that the
surface impoundment becomes subject to this section. Thereafter, the
owner or operator shall perform the inspections at least once every
year except for the special conditions provided for in paragraph (g) of
this section.
(iv) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of
paragraph (f) of this section.
(v) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 265.1090(c) of
this subpart.
(e) The owner or operator shall transfer hazardous waste to a
surface impoundment subject to this section in accordance with the
following requirements:
(1) Transfer of hazardous waste, except as provided in paragraph
(e)(2) of this section, to the surface impoundment from another surface
impoundment subject to this section or from a tank subject to
Sec. 265.1085 of this subpart shall be conducted using continuous hard-
piping or another closed system that does not allow exposure of the
waste to the atmosphere. For the purpose of complying with this
provision, an individual drain system is considered to be a closed
system when it meets the requirements of 40 CFR part 63, subpart RR--
National Emission Standards for Individual Drain Systems.
(2) The requirements of paragraph (e)(1) of this section do not
apply when transferring a hazardous waste to the surface impoundment
under either of the following conditions:
(i) The hazardous waste meets the average VO concentration
conditions specified in Sec. 265.1083(c)(1) of this subpart at the
point of waste origination.
(ii) The hazardous waste has been treated by an organic destruction
or removal process to meet the requirements in Sec. 265.1083(c)(2) of
this subpart.
(f) The owner or operator shall repair each defect detected during
an inspection performed in accordance with the requirements of
paragraph (c)(3) or (d)(3) of this section 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 (f)(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 capacity is available at the site to accept the
hazardous waste normally managed in the surface impoundment. In this
case, the owner or operator shall repair the defect the next time the
process or unit that is generating the hazardous waste managed in the
tank stops operation. Repair of the defect shall be completed before
the process or unit resumes operation.
(g) Following the initial inspection and monitoring of the cover as
required by the applicable provisions of this subpart, subsequent
inspection and monitoring may be performed at intervals longer than 1
year in the case when inspecting or monitoring the cover would expose a
worker to dangerous, hazardous, or other unsafe conditions. In this
case, the owner or operator may designate the cover as an ``unsafe to
inspect and monitor cover'' and comply with all of the following
requirements:
(1) Prepare a written explanation for the cover stating the reasons
why the cover is unsafe to visually inspect or to monitor, if required.
(2) Develop and implement a written plan and schedule to inspect
and monitor the cover using the procedures specified in the applicable
section of this subpart as frequently as practicable during those times
when a worker can safely access the cover.
44. Section 265.1087 is revised to read as follows:
Sec. 265.1087 Standards: Containers.
(a) The provisions of this section apply to the control of air
pollutant emissions from containers for which Sec. 265.1083(b) of this
subpart references the use of this section for such air emission
control.
(b) General requirements.
(1) The owner or operator shall control air pollutant 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 (b)(2) of this section apply to the container.
(i) 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 pollutant emissions from the container in accordance
with the Container Level 1 standards specified in paragraph (c) of this
section.
(ii) For a container having a design capacity greater than 0.46
m3 that is not in light material service, the owner or operator
shall control air pollutant emissions from the container in accordance
with the Container Level 1 standards specified in paragraph (c) of this
section.
(iii) For a container having a design capacity greater than 0.46
m3 that is in light material service, the owner or operator shall
control air pollutant emissions from the container in accordance with
the Container Level 2 standards specified in paragraph (d) of this
section.
(2) When a container having a design capacity greater than 0.1
m3 is used for treatment of a hazardous waste by a waste
stabilization process, the owner or operator shall control air
pollutant emissions from the container in accordance with the Container
Level 3 standards specified in paragraph (e) of this section at those
times during the waste stabilization process when the hazardous waste
in the container is exposed to the atmosphere.
(c) Container Level 1 standards.
(1) A container using Container Level 1 controls is one of the
following:
(i) 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.
(ii) A container equipped with a cover and closure devices that
form a
[[Page 59987]]
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 or a suitably secured tarp on a roll-off box) or
may be an integral part of the container structural design (e.g., a
``portable tank'' or bulk cargo container equipped with a screw-type
cap).
(iii) An open-top container in which an organic-vapor suppressing
barrier is placed on or over the hazardous waste in the container such
that no hazardous waste is exposed to the atmosphere. One example of
such a barrier is application of a suitable organic-vapor suppressing
foam.
(2) A container used to meet the requirements of paragraph
(c)(1)(ii) or (c)(1)(iii) 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 hazardous waste to
the atmosphere and to maintain the equipment integrity for as long as
it is in service. Factors to be considered in selecting the materials
of construction and designing the cover and closure devices shall
include: Organic vapor permeability, the effects of contact with the
hazardous waste or its vapor managed in the container; the effects of
outdoor exposure of the closure device or cover material to wind,
moisture, and sunlight; and the operating practices for which the
container is intended to be used.
(3) Whenever a hazardous waste is in a container using Container
Level 1 controls, the owner or operator shall install all covers and
closure devices for the container, as applicable to the container, and
secure and maintain each closure device in the closed position except
as follows:
(i) Opening of a closure device or cover is allowed for the purpose
of adding hazardous waste or other material to the container as
follows:
(A) 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.
(B) 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 leaving the immediate vicinity of the container; or
the shutdown of the process generating the material being added to the
container, whichever condition occurs first.
(ii) Opening of a closure device or cover is allowed for the
purpose of removing hazardous waste from the container as follows:
(A) For the purpose of meeting the requirements of this section, an
empty container as defined in 40 CFR 261.7(b) may be open to the
atmosphere at any time (i.e., covers and closure devices are not
required to be secured in the closed position on an empty container).
(B) 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 40 CFR 261.7(b), 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.
(iii) Opening of a closure device or cover is allowed when access
inside the container is needed to perform routine activities other than
transfer of hazardous waste. 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.
(iv) 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 design specifications of the container. 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 internal pressure of the container 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, reactive, or hazardous materials.
Examples of normal operating conditions that may require these devices
to open are during those times when the internal pressure of the
container exceeds the internal pressure operating range for the
container as a result of loading operations or diurnal ambient
temperature fluctuations.
(v) Opening of a safety device, as defined in Sec. 265.1081 of this
subpart, is allowed at any time conditions require doing so to avoid an
unsafe condition.
(4) The owner or operator of containers using Container Level 1
controls shall inspect the containers and their covers and closure
devices as follows:
(i) In the case when a hazardous waste already is in the container
at the time the owner or operator first accepts possession of the
container at the facility and the container is not emptied (i.e., does
not meet the conditions for an empty container as specified in 40 CFR
261.7(b)) within 24 hours after the container is accepted at the
facility, the owner or operator shall visually inspect the container
and its cover and closure devices 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 (c)(4)(iii) of this
section.
(ii) In the case when a container used for managing hazardous waste
remains at the facility for a period of 1 year or more, the owner or
operator shall visually inspect the container and its cover and closure
devices 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 (c)(4)(iii) of this section.
(iii) When a defect is detected for the container, cover, or
closure devices, the owner or operator shall make first
[[Page 59988]]
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 hazardous waste shall be
removed from the container and the container shall not be used to
manage hazardous waste until the defect is repaired.
(5) The owner or operator shall maintain at the facility a copy of
the procedure used to determine that containers with capacity of 0.46
m3 or greater, which do not meet applicable DOT regulations as
specified in paragraph (f) of this section, are not managing hazardous
waste in light material service.
(d) Container Level 2 standards.
(1) A container using Container Level 2 controls is one of the
following:
(i) 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.
(ii) A container that operates with no detectable organic emissions
as defined in Sec. 265.1081 of this subpart and determined in
accordance with the procedure specified in paragraph (g) of this
section.
(iii) A container that has been demonstrated within the preceding
12 months to be vapor-tight by using 40 CFR part 60, appendix A, Method
27 in accordance with the procedure specified in paragraph (h) of this
section.
(2) Transfer of hazardous waste in or out of a container using
Container Level 2 controls shall be conducted in such a manner as to
minimize exposure of the hazardous waste to the atmosphere, to the
extent practical, considering the physical properties of the hazardous
waste and good engineering and safety practices for handling flammable,
ignitable, explosive, reactive or other hazardous materials. Examples
of container loading procedures that the EPA considers to 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 hazardous waste is filled and subsequently purging
the transfer line before removing it from the container opening.
(3) Whenever a hazardous waste 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:
(i) Opening of a closure device or cover is allowed for the purpose
of adding hazardous waste or other material to the container as
follows:
(A) 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.
(B) 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 leaving the immediate vicinity of the container; or
the shutdown of the process generating the material being added to the
container, whichever condition occurs first.
(ii) Opening of a closure device or cover is allowed for the
purpose of removing hazardous waste from the container as follows:
(A) For the purpose of meeting the requirements of this section, an
empty container as defined in 40 CFR 261.7(b) may be open to the
atmosphere at any time (i.e., covers and closure devices are not
required to be secured in the closed position on an empty container).
(B) 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 40 CFR 261.7(b), 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.
(iii) Opening of a closure device or cover is allowed when access
inside the container is needed to perform routine activities other than
transfer of hazardous waste. 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.
(iv) 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 internal pressure of the container in
accordance with the container design specifications. The device shall
be designed to operate with no detectable organic emission 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 internal pressure of the container 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, reactive, or hazardous materials.
Examples of normal operating conditions that may require these devices
to open are during those times when the internal pressure of the
container exceeds the internal pressure operating range for the
container as a result of loading operations or diurnal ambient
temperature fluctuations.
(v) Opening of a safety device, as defined in Sec. 265.1081 of this
subpart, is allowed at any time conditions require doing so to avoid an
unsafe condition.
(4) The owner or operator of containers using Container Level 2
controls shall inspect the containers and their covers and closure
devices as follows:
(i) In the case when a hazardous waste already is in the container
at the time the owner or operator first accepts possession of the
container at the facility and the container is not emptied (i.e., does
not meet the conditions for an empty container as specified in 40 CFR
261.7(b)) within 24 hours after the container arrives at the facility,
the owner or operator shall visually inspect the container and its
cover and closure devices 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
[[Page 59989]]
detected, the owner or operator shall repair the defect in accordance
with the requirements of paragraph (d)(4)(iii) of this section.
(ii) In the case when a container used for managing hazardous waste
remains at the facility for a period of 1 year or more, the owner or
operator shall visually inspect the container and its cover and closure
devices 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 (d)(4)(iii) of this section.
(iii) 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 hazardous waste shall be removed from the
container and the container shall not be used to manage hazardous waste
until the defect is repaired.
(e) Container Level 3 standards.
(1) A container using Container Level 3 controls is one of the
following:
(i) A container that is vented directly through a closed-vent
system to a control device in accordance with the requirements of
paragraph (e)(2)(ii) of this section.
(ii) 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 (e)(2)(i) and (e)(2)(ii)
of this section.
(2) 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:
(i) The container 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 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.
(ii) The closed-vent system and control device shall be designed
and operated in accordance with the requirements of Sec. 265.1088 of
this subpart.
(3) Safety devices, as defined in Sec. 265.1081 of this subpart,
may be installed and operated as necessary on any container, enclosure,
closed-vent system, or control device used to comply with the
requirements of paragraph (e)(1) of this section.
(4) Owners and operators using Container Level 3 controls in
accordance with the provisions of this subpart shall inspect and
monitor the closed-vent systems and control devices as specified in
Sec. 265.1088 of this subpart.
(5) Owners and operators that use Container Level 3 controls in
accordance with the provisions of this subpart shall prepare and
maintain the records specified in Sec. 265.1090(d) of this subpart.
(f) For the purpose of compliance with paragraph (c)(1)(i) or
(d)(1)(i) of this section, containers shall be used that meet the
applicable U.S. Department of Transportation (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 Packaging or 49 CFR part 179--
Specifications for Tank Cars.
(2) Hazardous waste 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 Packages; 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
combination packagings specified in 49 CFR 173.12(b).
(g) The owner or operator shall use the procedure specified in
Sec. 265.1084(d) of this subpart for determining a container operates
with no detectable organic emissions for the purpose of complying with
paragraph (d)(1)(ii) of this section.
(1) 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 is filled with a
material having a volatile organic concentration representative of the
range of volatile organic concentrations for the hazardous wastes
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.
(h) Procedure for determining a container to be vapor-tight using
Method 27 of 40 CFR part 60, appendix A for the purpose of complying
with paragraph (d)(1)(iii) of this section.
(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.
45. Section 265.1088 is amended by revising paragraph (b)(3),
adding paragraph (b)(4), revising paragraphs (c)(2), (c)(3)(ii), and
(c)(5)(i) (D)-(E), and adding paragraph (c)(7) to read as follows:
Sec. 265.1088 Standards: Closed-vent systems and control devices.
* * * * *
(b) * * *
(3) In the case 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
(b)(3)(i) of this section or a seal or
[[Page 59990]]
locking device as specified in paragraph (b)(3)(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 (b)(3) 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 the
presence of either gas or vapor flow in the bypass line.
(ii) If a seal or locking device is used to comply with paragraph
(b)(3) 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.
(4) The closed-vent system shall be inspected and monitored by the
owner or operator in accordance with the procedure specified in 40 CFR
265.1033(k).
(c) * * *
(2) The owner or operator who elects to use a closed-vent system
and control device to comply with the requirements of this section
shall comply with the requirements specified in paragraphs (c)(2)(i)
through (c)(2)(vi) of this section.
(i) Periods of planned routine maintenance of the control device,
during which the control device does not meet the specifications of
paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this section, as
applicable, shall not exceed 240 hours per year.
(ii) The specifications and requirements in paragraphs (c)(1)(i),
(c)(1)(ii), and (c)(1)(iii) of this section for control devices do not
apply during periods of planned routine maintenance.
(iii) The specifications and requirements in paragraphs (c)(1)(i),
(c)(1)(ii), and (c)(1)(iii) of this section for control devices do not
apply during a control device system malfunction.
(iv) The owner or operator shall demonstrate compliance with the
requirements of paragraph (c)(2)(i) of this section (i.e., planned
routine maintenance of a control device, during which the control
device does not meet the specifications of paragraphs (c)(1)(i),
(c)(1)(ii), or (c)(1)(iii) of this section, as applicable, shall not
exceed 240 hours per year) by recording the information specified in
Sec. 265.1090(e)(1)(v) of this subpart.
(v) The owner or operator shall correct control device system
malfunctions as soon as practicable after their occurrence in order to
minimize excess emissions of air pollutants.
(vi) The owner or operator shall operate the closed-vent system
such that gases, vapors, and/or fumes are not actively vented to the
control device during periods of planned maintenance or control device
system malfunction (i.e., periods when the control device is not
operating or not operating normally) except in cases when it is
necessary to vent the gases, vapors, or fumes to avoid an unsafe
condition or to implement malfunction corrective actions or planned
maintenance actions.
* * * * *
(3) * * *
(i) * * *
(ii) All carbon removed from the control device shall be managed in
accordance with the requirements of 40 CFR 265.1033(m).
* * * * *
(5) * * *
(i) * * *
(D) A boiler or industrial furnace burning hazardous waste for
which the owner or operator has been issued a final permit under 40 CFR
part 270 and has designed and operates the unit in accordance with the
requirements of 40 CFR part 266, subpart H; or
(E) A boiler or industrial furnace burning hazardous waste for
which the owner or operator has designed and operates in accordance
with the interim status requirements of 40 CFR part 266, subpart H.
* * * * *
(7) The control device shall be inspected and monitored by the
owner or operator in accordance with the procedures specified in 40 CFR
265.1033(f)(2) and 40 CFR 265.1033(k). The readings from each
monitoring device required by 40 CFR 265.1033(f)(2) shall be inspected
at least once each operating day to check control device operation. Any
necessary corrective measures shall be immediately implemented to
ensure the control device is operated in compliance with the
requirements of this section.
46. Section 265.1089 is revised to read as follows:
Sec. 265.1089 Inspection and monitoring requirements.
(a) The owner or operator shall inspect and monitor air emission
control equipment used to comply with this subpart in accordance with
the applicable requirements specified in Sec. 265.1085 through
Sec. 265.1088 of this subpart.
(b) The owner or operator shall develop and implement a written
plan and schedule to perform the inspections and monitoring required by
paragraph (a) of this section. The owner or operator shall incorporate
this plan and schedule into the facility inspection plan required under
40 CFR 265.15.
47. Section 265.1090 is revised to read as follows:
Sec. 265.1090 Recordkeeping requirements.
(a) Each owner or operator of a facility subject to requirements in
this subpart shall record and maintain the information specified in
paragraphs (b) through (i) of this section, as applicable to the
facility. Except for air emission control equipment design
documentation and information required by paragraph (i) of this
section, records required by this section shall be maintained in the
operating record for a minimum of 3 years. Air emission control
equipment design documentation shall be maintained in the operating
record until the air emission control equipment is replaced or
otherwise no longer in service. Information required by paragraph (i)
of this section shall be maintained in the operating record for as long
as the tank or container is not using air emission controls specified
in Secs. 264.1084 through 264.1087 of this subpart in accordance with
the conditions specified in Sec. 264.1084(d) of this subpart.
(b) The owner or operator of a tank using air emission controls in
accordance with the requirements of Sec. 265.1085 of this subpart shall
prepare and maintain records for the tank that include the following
information:
(1) For each tank using air emission controls in accordance with
the requirements of Sec. 265.1085 of this subpart, the owner or
operator shall record:
(i) A tank identification number (or other unique identification
description as selected by the owner or operator).
(ii) A record for each inspection required by Sec. 265.1085 of this
subpart that includes the following information:
(A) Date inspection was conducted.
(B) For each defect detected during the inspection, the following
information: the location of the defect, a description of the defect,
the date of
[[Page 59991]]
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. 265.1085 of this subpart, the owner or operator
shall also record the reason for the delay and the date that completion
of repair of the defect is expected.
(2) In addition to the information required by paragraph (b)(1) of
this section, the owner or operator shall record the following
information, as applicable to the tank:
(i) The owner or operator using a fixed roof to comply with the
Tank Level 1 control requirements specified in Sec. 265.1085(c) of this
subpart shall prepare and maintain records for each determination for
the maximum organic vapor pressure of the hazardous waste in the tank
performed in accordance with the requirements of Sec. 265.1085(c) of
this subpart. The records shall include the date and time the samples
were collected, the analysis method used, and the analysis results.
(ii) The owner or operator using an internal floating roof to
comply with the Tank Level 2 control requirements specified in
Sec. 265.1085(e) of this subpart shall prepare and maintain
documentation describing the floating roof design.
(iii) Owners and operators using an external floating roof to
comply with the Tank Level 2 control requirements specified in
Sec. 265.1085(f) of this subpart shall prepare and maintain the
following records:
(A) Documentation describing the floating roof design and the
dimensions of the tank.
(B) Records for each seal gap inspection required by
Sec. 265.1085(f)(3) of this subpart describing the results of the seal
gap measurements. The records shall include the date that the
measurements were 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. 265.1085(f)(1) 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 tank was emptied, if necessary.
(iv) Each owner or operator using an enclosure to comply with the
Tank Level 2 control requirements specified in Sec. 265.1085(i) of this
subpart shall prepare and maintain the following records:
(A) 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.
(B) Records required for the closed-vent system and control device
in accordance with the requirements of paragraph (e) of this section.
(c) The owner or operator of a surface impoundment using air
emission controls in accordance with the requirements of Sec. 265.1086
of this subpart shall prepare and maintain records for the surface
impoundment that include the following information:
(1) A surface impoundment identification number (or other unique
identification description as selected by the owner or operator).
(2) Documentation describing the floating membrane cover or cover
design, as applicable to the surface impoundment, that includes
information prepared by the owner or operator or provided by the cover
manufacturer or vendor describing the cover design, and certification
by the owner or operator that the cover meets the specifications listed
in Sec. 265.1086(c) of this subpart.
(3) A record for each inspection required by Sec. 265.1086 of this
subpart that includes the following information:
(i) Date inspection was conducted.
(ii) For each defect detected during the inspection 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. 265.1086(f) of this subpart, 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) For a surface impoundment equipped with a cover and vented
through a closed-vent system to a control device, the owner or operator
shall prepare and maintain the records specified in paragraph (e) of
this section.
(d) The owner or operator of containers using Container Level 3 air
emission controls in accordance with the requirements of Sec. 265.1087
of this subpart shall prepare and maintain records that include the
following information:
(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 paragraph (e) of this section.
(e) The owner or operator using a closed-vent system and control
device in accordance with the requirements of Sec. 265.1088 of this
subpart shall prepare and maintain records that include the following
information:
(1) Documentation for the closed-vent system and control device
that includes:
(i) Certification that is signed and dated by the owner or operator
stating that the control device is designed to operate at the
performance level documented by a design analysis as specified in
paragraph (e)(1)(ii) of this section or by performance tests as
specified in paragraph (e)(1)(iii) of this section when the tank,
surface impoundment, or container is or would be operating at capacity
or the highest level reasonably expected to occur.
(ii) If a design analysis is used, then design documentation as
specified in 40 CFR 265.1035(b)(4). The documentation shall include
information prepared by the owner or operator or provided by the
control device manufacturer or vendor that describes the control device
design in accordance with 40 CFR 265.1035(b)(4)(iii) and certification
by the owner or operator that the control equipment meets the
applicable specifications.
(iii) If performance tests are used, then a performance test plan
as specified in 40 CFR 265.1035(b)(3) and all test results.
(iv) Information as required by 40 CFR 265.1035(c)(1) and 40 CFR
265.1035(c)(2), as applicable.
(v) An owner or operator shall record, on a semiannual basis, the
information specified in paragraphs (e)(1)(v)(A) and (e)(1)(v)(B) of
this section for those planned routine maintenance operations that
would require the control device not to meet the requirements of
Sec. 265.1088 (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subpart, as
applicable.
(A) A description of the planned routine maintenance that is
anticipated to be performed for the control device during the next 6-
month period. This description shall include the type of maintenance
necessary, planned frequency of maintenance, and lengths of maintenance
periods.
(B) A description of the planned routine maintenance that was
performed for the control device during the previous 6-month period.
This description shall include the type of maintenance performed and
the total number of hours during those 6 months
[[Page 59992]]
that the control device did not meet the requirements of Sec. 265.1088
(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subpart, as applicable,
due to planned routine maintenance.
(vi) An owner or operator shall record the information specified in
paragraphs (e)(1)(vi)(A) through (e)(1)(vi)(C) of this section for
those unexpected control device system malfunctions that would require
the control device not to meet the requirements of Sec. 265.1088
(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subpart, as applicable.
(A) The occurrence and duration of each malfunction of the control
device system.
(B) 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.
(C) Actions taken during periods of malfunction to restore a
malfunctioning control device to its normal or usual manner of
operation.
(vii) Records of the management of carbon removed from a carbon
adsorption system conducted in accordance with Sec. 265.1088(c)(3)(ii)
of this subpart.
(f) The owner or operator of a tank, surface impoundment, or
container exempted from standards in accordance with the provisions of
Sec. 265.1083(c) of this subpart shall prepare and maintain the
following records, as applicable:
(1) For tanks, surface impoundments, or containers exempted under
the hazardous waste organic concentration conditions specified in
Sec. 265.1083 (c)(1) or (c)(2) of this subpart, the owner or operator
shall record the information used for each waste determination (e.g.,
test results, measurements, calculations, and other documentation) in
the facility operating log. If analysis results for waste samples are
used for the waste determination, then the owner or operator shall
record the date, time, and location that each waste sample is collected
in accordance with applicable requirements of Sec. 265.1084 of this
subpart.
(2) For tanks, surface impoundments, or containers exempted under
the provisions of Sec. 265.1083(c)(2)(vii) or Sec. 265.1083(c)(2)(viii)
of this subpart, the owner or operator shall record the identification
number for the incinerator, boiler, or industrial furnace in which the
hazardous waste is treated.
(g) An owner or operator designating a cover as ``unsafe to inspect
and monitor'' pursuant to Sec. 265.1085(l) or Sec. 265.1086(g) of this
subpart shall record in a log that is kept in the facility operating
record the following information: The identification numbers for waste
management units with covers that are designated as ``unsafe to inspect
and monitor,'' the explanation for each cover stating why the cover is
unsafe to inspect and monitor, and the plan and schedule for inspecting
and monitoring each cover.
(h) The owner or operator of a facility that is subject to this
subpart and to the control device standards in 40 CFR part 60, subpart
VV, or 40 CFR part 61, subpart V, may elect to demonstrate compliance
with the applicable sections of this subpart by documentation either
pursuant to this subpart, or pursuant to the provisions of 40 CFR part
60, subpart VV or 40 CFR part 61, subpart V, to the extent that the
documentation required by 40 CFR parts 60 or 61 duplicates the
documentation required by this section.
(i) For each tank or container not using air emission controls
specified in Secs. 265.1085 through 265.1088 of this subpart in
accordance with the conditions specified in Sec. 265.1080(d) of this
subpart, the owner or operator shall record and maintain the following
information:
(1) A list of the individual organic peroxide compounds
manufactured at the facility that meet the conditions specified in
Sec. 265.1080(d)(1).
(2) A description of how the hazardous waste containing the organic
peroxide compounds identified in paragraph (i)(1) of this section are
managed at the facility in tanks and containers. This description shall
include the following information:
(i) For the tanks used at the facility to manage this hazardous
waste, sufficient information shall be provided to describe for each
tank: A facility identification number for the tank; the purpose and
placement of this tank in the management train of this hazardous waste;
and the procedures used to ultimately dispose of the hazardous waste
managed in the tanks.
(ii) For containers used at the facility to manage these hazardous
wastes, sufficient information shall be provided to describe: A
facility identification number for the container or group of
containers; the purpose and placement of this container, or group of
containers, in the management train of this hazardous waste; and the
procedures used to ultimately dispose of the hazardous waste handled in
the containers.
(3) An explanation of why managing the hazardous waste containing
the organic peroxide compounds identified in paragraph (i)(1) of this
section in the tanks and containers as described in paragraph (i)(2) of
this section would create an undue safety hazard if the air emission
controls, as required under Secs. 265.1085 through 265.1088 of this
subpart, are installed and operated on these waste management units.
This explanation shall include the following information:
(i) For tanks used at the facility to manage these hazardous
wastes, sufficient information shall be provided to explain: How use of
the required air emission controls on the tanks would affect the tank
design features and facility operating procedures currently used to
prevent an undue safety hazard during the management of this hazardous
waste in the tanks; and why installation of safety devices on the
required air emission controls, as allowed under this subpart, will not
address those situations in which evacuation of tanks equipped with
these air emission controls is necessary and consistent with good
engineering and safety practices for handling organic peroxides.
(ii) For containers used at the facility to manage these hazardous
wastes, sufficient information shall be provided to explain: How use of
the required air emission controls on the containers would affect the
container design features and handling procedures currently used to
prevent an undue safety hazard during the management of this hazardous
waste in the containers; and why installation of safety devices on the
required air emission controls, as allowed under this subpart, will not
address those situations in which evacuation of containers equipped
with these air emission controls is necessary and consistent with good
engineering and safety practices for handling organic peroxides.
Sec. 265.1091 [Removed and reserved]
48. Part 265 is amended by removing and reserving Sec. 265.1091.
49. Part 265 is amended by adding Appendix VI to read as follows:
[[Page 59993]]
Appendix VI to Part 265.--Compounds With Henry's Law Constant Less Than
0.1 Y/X
[At 25 degrees Celsius]
------------------------------------------------------------------------
Compound name CAS No.
------------------------------------------------------------------------
TRICHLORO(1,1,2)TRIFLUORO............................ .................
FORMALDEHYDE......................................... 50-00-0
HYDROCYANIC ACID..................................... 74-90-8
FORMAMIDE............................................ .................
QUINONE.............................................. .................
DIMETHYL HYDRAZINE(1,1).............................. 57-14-7
METHYL ACRYLATE...................................... 96-33-3
ACETAMIDE............................................ 60-35-5
METHYL HYDRAZINE..................................... 60-34-4
DIETHYLHYDRAZINE N,N................................. .................
FORMIC ACID.......................................... 64-18-6
DIMETHYL DISULFIDE................................... 624-92-0
PHORATE.............................................. 298-02-2
HYDRAZINE............................................ 302-01-2
LEAD SUBACETATE...................................... 1335-32-
LEAD ACETATE......................................... 301-04-2
NAPHTHOL,beta-....................................... 135-19-3
DIETHYLENE GLYCOL MONOMETHYL ETHER................... .................
NITROSODIMETHYLAMINE N............................... 62-75-9
DIETHYLENE GLYCOL MONOBUTYL ETHER.................... .................
ACETYL-2-THIOUREA, 1-................................ 591-08-2
ACRYLIC ACID......................................... 79-10-7
ETHYLENE GLYCOL MONOPHENYL ETHER..................... .................
ETHYLENE GLYCOL MONOMETHYL ETHER..................... .................
DIMETHYL FORMAMIDE................................... 68-12-2
DIETHYLENE GLYCOL DIMETHYL ETHER..................... .................
PROPIOLACTONE b...................................... 57-57-8
ETHYLENE GLYCOL MONOPROPYL ETHER..................... .................
METHYL SULFURIC ACID................................. .................
METHYL THIOPHENOL 4.................................. 106-45-6
ETHYLENE GLYCOL MONOETHYL ETHER Cellosol............. .................
DIMETHYL CARBAMOYL CHLORIDE.......................... .................
ETHYLENE GLYCOL MONOETHYL ETHER ACETATE.............. .................
BUTYL CELLOSOLVE..................................... 111-76-2
TOLUENE DIAMINE(2,4)................................. 95-80-7
DIMETHYLSULFOXIDE.................................... .................
ANILINE.............................................. 62-53-3
DIETHYLENE GLYCOL.................................... 111-46-6
ETHYLPHENOL, 3-...................................... 620-17-7
GYLCIDOL............................................. 556-52-5
BUTYRIC ACID......................................... 107-92-6
NITROSO-N-METHYLUREA N............................... 684-93-5
MONOMETHYL FORMANIDE................................. .................
ETHYL CARBAMATE...................................... .................
ETHYL MORPHOLINE, ethyl diethylene oxime............. .................
ETHANOLAMINE(mono-).................................. 141-43-5
ETHYLENE THIOUREA.................................... .................
PHENOL............................................... 108-95-2
ETHYLENE GLYCOL MONOBUTYL ETHER...................... .................
CRESOL............................................... 1319-77-
PROPYLENE GLYCOL..................................... 57-55-6
TRIETHYLENE GLYCOL DIMETHYL ETHER.................... .................
CRESOL(-o)........................................... 95-48-7
TOLUIDINE (m)........................................ .................
CHLOROPHENOL-4....................................... 106-48-9
BENZYL ALCOHOL....................................... 100-51-6
ACETALDOL............................................ .................
CHLOROACETIC ACID.................................... 79-11-8
GLYPHOSATE........................................... .................
ETHYLENE GLYCOL...................................... 107-21-1
ADENINE.............................................. 73-24-5
HEXAMETHYLPHOSPHORAMIDE.............................. .................
DIETHYLENE GLYCOL MONOETHYL ETHER ACETAT............. .................
DICHLOROPHENOL 2,5................................... .................
CRESOL(-p)........................................... 106-44-5
NITROSOMORPHOLINE.................................... .................
QUINOLINE............................................ 91-22-5
DIMETHYLSULFONE...................................... .................
CRESOL(-m)........................................... 108-39-4
TOLUENE DIISOCYANATE(2,4)............................ 584-84-9
HYDROXY-(2)-PROPIONITRILE............................ 109-78-4
[[Page 59994]]
HEXANOIC ACID........................................ 142-62-1
FUMARIC ACID......................................... 110-17-8
METHANE SULFONIC ACID................................ 75-75-2
MESITYL OXIDE........................................ 141-79-7
CHLORO-2,5-DIKETOPYRROLIDINE 3....................... .................
PYRIDINIUM BROMIDE................................... .................
METHYLIMINOACETIC ACID............................... .................
DIMETHOATE........................................... 60-51-5
GUANIDINE, NITROSO................................... 674-81-7
PHENYLACETIC ACID.................................... 103-82-2
BENZENE SULFONIC ACID................................ .................
ACETYL-5-HYDROXYPIPERIDINE 3......................... .................
LEUCINE.............................................. 61-90-5
alpha-PICOLINE....................................... 1333-41-
METHYL-2-METHOXYAZIRIDINE 1.......................... .................
BROMOCHLOROMETHYL ACETATE............................ .................
DICHLOROTETRAHYDROFURAN 3,4.......................... 3511-19-
ACETYLPIPERIDINE 3................................... 618-42-8
CHLORO-1,2-ETHANE DIOL............................... .................
CYANIDE.............................................. 57-12-5
NIACINAMIDE.......................................... 98-92-0
METHOXYPHENOL P...................................... 150-76-5
METHYLFURFURAL 5..................................... 620-02-0
GLYCINAMIDE.......................................... 598-41-4
SUCCINIMIDE.......................................... 123-56-8
SULFANILIC ACID...................................... 121-47-1
MALEIC ACID.......................................... 110-16-7
AMETRYN.............................................. .................
DIMETHYLPHENOL(3,4).................................. .................
ANISIDINE,o-......................................... 90-04-0
TETRAETHYLENE PENTAMINE.............................. .................
DIETHYLENE GLYCOL MONOETHYL ETHER.................... .................
CHLORACETOPHENONE,2-................................. 93-76-5
DIPROPYLENE GLYCOL................................... .................
HEXAMETHYLENE 1,6 DIISOCYANATE....................... .................
NEOPENTYL GLYCOL..................................... 126-30-7
BHC,gamma-........................................... 58-89-9
PHENYLENE DIAMINE(-m)................................ 108-45-2
CHLOROHYDRIN, a 3 CHLORO 1,2 PROPANEDIOL............. .................
XYLENOL(3,4)......................................... 95-65-8
DINITRO-o-CRESOL(4,6)................................ 534-52-1
PROPORUR (Baygon).................................... .................
DIBROMO-4-HYDROXYBENZONITRILE (3,5).................. .................
CATECHOL............................................. 120-80-9
CHLOROANILINE,p-..................................... 106-47-8
DICHLORVOS........................................... .................
ACRYLAMIDE........................................... 79-06-1
THIOSEMICARBAZIDE.................................... 79-19-6
TRIETHANOLAMINE...................................... 102-71-6
PENTAERYTHRITOL...................................... 115-77-5
PHENYLENE DIAMINE(-o)................................ 95-54-5
CAPROLACTAM.......................................... .................
BENZOIC ACID......................................... 65-85-0
TOLUENEDIAMINE(3,4).................................. 496-72-0
TRIPROPYLENE GLYCOL.................................. .................
PHENYLENE DIAMINE(-p)................................ 106-50-3
TEREPHTHALIC ACID.................................... .................
NITROGLYCERIN........................................ 55-63-0
CHLORO(-p)CRESOL(-m)................................. 59-50-7
DICHLOROANILINE 2,3-................................. .................
NITROANILINE(-o)..................................... 88-74-4
DIETHYL (N,N) ANILINE................................ 91-66-7
NAPHTHOL,alpha-...................................... 90-15-3
AMINOPYRIDINE,4-..................................... 504-24-5
ADIPONITRILE......................................... .................
BROMOXYNIL........................................... .................
PHTHALIC ANHYDRIDE................................... 85-44-9
MALEIC ANHYDRIDE..................................... 108-31-6
NITROPHENOL,2-....................................... 88-75-5
ACETYLAMINOFLUORENE,2................................ 53-96-3
PROPANE SULTONE,1,3-................................. 1120-71-
[[Page 59995]]
CITRIC ACID.......................................... 77-92-9
EPINEPHRINE.......................................... 51-43-4
CHLOROPHENOL POLYMERS................................ .................
CREOSOTE............................................. 8001-58-
FLUOROACETIC ACID, SODIUM SALT....................... 62-74-8
SODIUM ACETATE....................................... .................
SUCCINIC ACID........................................ 110-15-6
SODIUM FORMATE....................................... 141-53-7
PHENACETIN........................................... 62-44-2
HYDROQUINONE......................................... 123-31-9
DIMETHYLAMINOAZOBENZENE,4-........................... 60-11-7
METHYLENE DIPHENYL DIISOCYANATE...................... .................
OXALIC ACID.......................................... 144-62-7
BENZO(A)PYRENE....................................... 50-32-8
DICHLOROBENZONITRILE,2,6-............................ 1194-65-6
AMINOBIPHENYL,4-..................................... 92-67-1
NAPHTHYLAMINE,alpha-................................. 134-32-7
DIETHANOLAMINE....................................... .................
METHYLENEDIANILINE 4,4............................... .................
NAPHTHYLAMINE,beta-.................................. 91-59-8
METHYLENE DIPHENYLAMINE (MDA)........................ .................
GLUTARIC ACID........................................ 110-94-1
RESORCINOL........................................... 108-46-3
TOLUIC ACID (para-).................................. 99-94-5
GUTHION.............................................. .................
DIMETHYL PHTHALATE................................... 131-11-3
GLYCERIN (GLYCEROL).................................. 56-81-5
THIOFANOX............................................ 39196-18
DIBUTYLPHTHALATE..................................... 84-74-2
ALDICARB............................................. 116-06-3
NITROPHENOL,4-....................................... 100-02-7
METHYLENE-BIS (2-CHLOROANILINE),4,4'-................ 101-14-4
DIPHENYLHYDRAZINE(1,2)............................... 122-66-7
METHOMYL............................................. 16752-77
MALATHION............................................ 121-75-5
PARATHION............................................ 56-38-2
ADIPIC ACID.......................................... 124-04-9
ALACHLOR............................................. 15972-60
STRYCHNIDIN-10-ONE,2,3-DIMETHOXY-.................... 357-57-3
TOLUENEDIAMINE(2,6).................................. 823-40-5
CUMYLPHENOL-4........................................ 27576-86
DIAZINON............................................. .................
BENZENE ARSONIC ACID................................. 98-05-5
WARFARIN............................................. 81-81-2
METHYL PARATHION..................................... 298-00-0
DIETHYLTHIOPHOSPHATEBENZO M ETHYL PETHER............. .................
PHENYL MERCURIC ACETATE.............................. 62-38-4
DIETHYL PROPIONAMIDE,2aN............................. 15299-99
CHLOROBENZOPHENONE (PARA)............................ 134-85-0
THIOUREA,1-(o-CHLOROPHENYL)-......................... 5344-82-
DIMETHYLBENZIDINE 3,3................................ .................
DICHLORO-(2,6)-NITROANILINE(4)....................... 99-30-9
CELLULOSE............................................ 9000-11-
CELL WALL............................................ .................
BENZIDINE............................................ 92-87-5
TETRAETHYLDITHIOPYROPHOSPHATE........................ 3689-24-
NABAM................................................ .................
ATRAZINE............................................. 1912-24-
ENDRIN............................................... 72-20-8
BIS(2-ETHYLHEXYL) PHTHALATE.......................... 117-81-7
BENZO(A)ANTHRACENE................................... 56-55-3
CYANOMETHYL BENZOATE 4............................... .................
ANTHRAQUINONE........................................ 84-65-1
STRYCHNINE........................................... 57-24-9
SIMAZINE............................................. 122-34-9
PYRENE............................................... 129-00-0
CHLOROBENZYLATE...................................... 510-15-6
DIMETHYLBENZ(A) ANTHRACENE(7,12)..................... 57-97-6
INDENO(1,2,3-cd)-PYRENE.............................. 193-39-5
CHRYSENE............................................. 218-01-9
BENZO(ghi)PERYLENE................................... 191-24-2
[[Page 59996]]
BENZO(k) FLUORANTHENE................................ 207-08-9
DIBENZO(a,h)ANTHRACENE............................... 53-70-3
DIETHYL PHOSPHOROTHIOATE............................. 126-75-0
------------------------------------------------------------------------
PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE
MANAGEMENT PROGRAM
50. The authority citation for Part 270 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912, 6925, 6927, 6939, and 6974.
Subpart B--Permit Application
51. Section 270.14 is amended by revising paragraph (b)(5) to read
as follows:
Sec. 270.14 Contents of Part B: General requirements.
* * * * *
(b) * * *
(5) A copy of the general inspection schedule required by
Sec. 264.15(b). Include where applicable, as part of the inspection
schedule, specific requirements in Secs. 264.174, 245.193(i), 264.195,
264.226, 264.254, 264.273, 264.303, 264.602, 264.1033, 264.1052,
264.1053, 264.1058, 264.1084, 264.1085, 264.1086, and 264.1088.
* * * * *
52. Section 270.27 is revised to read as follows:
Sec. 270.27 Specific Part B information requirements for air emission
controls for tanks, surface impoundments, and containers.
(a) Except as otherwise provided in 40 CFR 264.1, owners and
operators of tanks, surface impoundments, or containers that use air
emission controls in accordance with the requirements of 40 CFR part
264, subpart CC shall provide the following additional information:
(1) Documentation for each floating roof cover installed on a tank
subject to 40 CFR 264.1084(d)(1) or 40 CFR 264.1084(d)(2) that includes
information prepared by the owner or operator or provided by the cover
manufacturer or vendor describing the cover design, and certification
by the owner or operator that the cover meets the applicable design
specifications as listed in 40 CFR 264.1084(e)(1) or 40 CFR
264.1084(f)(1).
(2) Identification of each container area subject to the
requirements of 40 CFR part 264, subpart CC and certification by the
owner or operator that the requirements of this subpart are met.
(3) Documentation for each enclosure used to control air pollutant
emissions from tanks or containers in accordance with the requirements
of 40 CFR 264.1084(d)(5) or 40 CFR 264.1086(e)(1)(ii) that includes
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.
(4) Documentation for each floating membrane cover installed on a
surface impoundment in accordance with the requirements of 40 CFR
264.1085(c) that includes information prepared by the owner or operator
or provided by the cover manufacturer or vendor describing the cover
design, and certification by the owner or operator that the cover meets
the specifications listed in 40 CFR 264.1085(c)(1).
(5) Documentation for each closed-vent system and control device
installed in accordance with the requirements of 40 CFR 264.1087 that
includes design and performance information as specified in Sec. 270.24
(c) and (d) of this part.
(6) An emission monitoring plan for both Method 21 in 40 CFR part
60, appendix A and control device monitoring methods. This plan shall
include the following information: monitoring point(s), monitoring
methods for control devices, monitoring frequency, procedures for
documenting exceedances, and procedures for mitigating noncompliances.
(7) When an owner or operator of a facility subject to 40 CFR part
265, subpart CC cannot comply with 40 CFR part 264, subpart CC by the
date of permit issuance, the schedule of implementation required under
40 CFR 265.1082.
PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE
PROGRAMS
53. The authority citation for part 271 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), and 6926.
Subpart A--Requirements for Final Authorization
54. Section 271.1(j) is amended by revising the effective date of
the following entry in Table 1 to read as follows:
Sec. 271.1 Purpose and scope.
* * * * *
(j) * * *
Table 1.--Regulations Implementing the Hazardous Waste and Solid Waste Amendments of 1984
--------------------------------------------------------------------------------------------------------------------------------------------------------
Promulgation date Title of regulation Federal Register reference Effective date
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
December 6, 1994....................... Air Emission Standards for 59 FR 62896-62953 December 6, 1996.
Tanks, Surface
Impoundments, and
Containers.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sec. 271.1 [Amended]
54. Section 271.1(j) is amended by revising the effective date of
the following entry in Table 2 to read as follows:
[[Page 59997]]
Table 2.--Self-Implementing Provisions of the Hazardous Waste and Solid Waste Amendments of 1984
--------------------------------------------------------------------------------------------------------------------------------------------------------
Effective date Self-implementing provision RCRA citation Federal Register reference
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
December 6, 1996....................... Air Emission Standards for 3004(n) December 6, 1994, 59 FR 62896-62953.
Tanks, Surface
Impoundments, and
Containers.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[FR Doc. 96-29456 Filed 11-22-96; 8:45 am]
BILLING CODE 6560-50-P
