[Federal Register Volume 59, Number 233 (Tuesday, December 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29693]
[[Page Unknown]]
[Federal Register: December 6, 1994]
_______________________________________________________________________
Part IV
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 9 et al.
Hazardous Waste Treatment, Storage, and Disposal Facilities and
Hazardous Waste Generators; Organic Air Emission Standards for Tanks,
Surface Impoundments, and Containers; Final Rule
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9, 60, 260, 262, 264, 265, 270, and 271
[IL-64-2-5807; FRL-5110-8]
RIN 2060-AB94
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 is promulgating air standards that will
further reduce organic emissions from hazardous waste management
activities. The air standards apply to owners and operators of
hazardous waste treatment, storage, and disposal facilities (TSDF)
subject to RCRA subtitle C permitting requirements and to certain
hazardous waste generators accumulating waste on-site in RCRA permit-
exempt tanks and containers. Under these standards, air emission
controls must be used for tanks, surface impoundments, and containers
in which hazardous waste is placed on or after June 5, 1995 except
under certain conditions specified in the rule. Air emission control
requirements are also added to the RCRA permit terms and provisions
specified for TSDF miscellaneous units. In addition, this action
establishes a new EPA reference test method (Method 25E) to determine
the organic vapor pressure of a waste.
EFFECTIVE DATE: The final rule is effective as of June 5, 1995. The EPA
has specified in the final rule a schedule that establishes the
compliance dates by which different requirements of the rule must be
met. These compliance dates and requirements are explained further
under SUPPLEMENTARY INFORMATION.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 5, 1995.
ADDRESSES: Background information document. The background information
document (BID) for the final rule may be obtained from the U.S. EPA
Library (MD-35), Research Triangle Park, North Carolina 27711,
telephone (919) 541-2777. Please refer to ``Hazardous Waste Treatment,
Storage, and Disposal Facilities (TSDF)--Background Information for
Promulgated Organic Air Emission Standards for Tanks, Surface
Impoundments, and Containers'', EPA document number EPA-453/R-94-076b.
This document and the BID are also 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 ``RCRAAIR1.ZIP'' to
download this notice. Input the file name ``RCRAAIR2.ZIP'' to download
the BID. 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, and F-94-CE2A-FFFFF. The RCRA docket
is located at the EPA RCRA Docket Office (5305) in room 2616 of the
U.S. Environmental Protection Agency, 401 M Street SW, Washington, DC
20460.
FOR FURTHER INFORMATION CONTACT:
The RCRA Hotline, toll-free at (800) 424-9346. For further information
on the specific air standards and test method promulgated by this
action, contact Ms. Michele Aston, Emission Standards Division (MD-13),
Office of Air Quality Planning and Standards, U.S. Environmental
Protection Agency, Research Triangle Park, North Carolina 27711,
telephone number (919) 541-2363.
SUPPLEMENTARY INFORMATION: The information presented in this preamble
is organized as follows:
I. Compliance Dates
II. Summary of Rule Changes Since Proposal
A. TSDF Tanks, Surface Impoundments, and Containers
B. TSDF Miscellaneous Units
C. Generator 90-Day Tanks and Containers
D. Other RCRA Regulatory Actions
E. Test Methods
III. Summary of Final Rule Impacts
IV. Background
A. Implementation of RCRA Section 3004(n)
B. Public Participation in Rulemaking
C. Relationship to Other RCRA Standards
D. Relationship to CERCLA Standards
E. Relationship to Clean Air Act Standards
F. Relationship to Nuclear Regulatory Commission Standards
V. Basis for Final Rule
A. New Control Options
B. Control Option Impacts
C. Selection Rationale
VI. Summary of Responses to Comments on Proposed Rule
A. Development of Air Standards Under RCRA
B. Revised Impacts Analysis
C. Container Air Standards
D. Generator 90-Day Tanks and Containers
E. Implementation of RCRA Air Standards
F. Waste Stabilization in Tanks
VII. Requirements of Final Rule
A. TSDF Tank, Surface Impoundment, and Container Requirements
B. TSDF Miscellaneous Unit Requirements
C. 90-Day Tanks' and Containers' Requirements
D. Amendments to Subparts AA and BB Standards
VIII. Implementation of Final Rule
A. Existing Sources
B. New Sources
C. State Authority
IX. Test Methods
A. Method 25D
B. Method 25E
X. Administrative Requirements
A. Paperwork Reduction Act
B. Executive Order 12866 Review
C. Regulatory Flexibility Act
D. Docket
XI. Legal Authority
I. Compliance Dates
The final rule promulgated today establishes additional air
standards for TSDF owners and operators subject to 40 CFR part 264 or
40 CFR part 265. In addition, this rule amends the conditions for
hazardous waste generators accumulating waste on-site in RCRA permit-
exempt tanks and containers pursuant to 40 CFR 262.34(a) to include air
emission control requirements. All of these rule requirements are
effective as of June 5, 1995. All hazardous waste placed in the
affected tanks, surface impoundments, containers, and other affected
units on and after this date must be managed in accordance with the
requirements of the final rule. This includes implementing the required
air emission controls on an affected unit or performing the required
waste determinations and recordkeeping to indicate that the affected
unit is exempted from these air emission control requirements. Under
circumstances when the air emission control equipment required to
comply with the rule cannot be operational at an existing TSDF by June
5, 1995, an implementation schedule for installation of the equipment
must be developed and placed in the facility operating records no later
than June 5, 1995. In such cases, the facility owner or operator must
have all air emission controls required by the final rule in operation
no later than December 8, 1997.
Today's action amends 40 CFR 270.4 to require that owners and
operators of TSDF for which a final permit has been issued by the EPA
prior to June 5, 1995 must comply with the air emission control
requirements for interim-status TSDF under 40 CFR 265 subparts AA, BB,
and CC until the facility's permit is reviewed or reissued by the EPA.
The EPA's rationale for adopting this implementation practice for
today's rulemaking is explained in section VI.E of this preamble.
For tanks in which waste stabilization activities (sometimes
referred to as waste fixation) are performed as of December 6, 1994, be
the effective date of the final rules will December 6, 1995. As of the
extended effective date for stabilization tanks, each TSDF owner or
operator and each hazardous waste generator subject to the final rules
must either install and operate the specified air emission control
requirements on all affected tanks used for stabilization, or begin
performing the specified waste determinations and recordkeeping to
indicate that a stabilization tank is exempted from these requirements.
Under circumstances where required air emission control equipment
cannot be operational on stabilization tanks by December 6, 1995, an
implementation schedule for installation of the required air emission
controls must be developed and placed in the facility operating records
no later than December 6, 1995.
In such cases, for stabilization tanks, the facility must have all
air emission controls required by the final rules in operation no later
than June 8, 1998.
II. Summary of Rule Changes Since Proposal
The EPA proposed the rule on July 22, 1991 (refer to 56 FR 33491).
Based on public comments received by the EPA at proposal as well as the
EPA's evaluation of additional information obtained after proposal,
certain requirements of the rulemaking have been changed from those
proposed. The major changes affect provisions establishing the rule
applicability, the procedures for determining the average volatile
organic concentration of a waste, and the air emission control
requirements for containers. In addition, the EPA has made many changes
to the specific regulatory text to clarify the EPA's intent in the
application and implementation of the rule requirements. The
substantive changes to the rulemaking since proposal are summarized
below. A summary of the requirements of the rule as promulgated is
presented in section VII of this preamble.
A. TSDF Tanks, Surface Impoundments, and Containers
A new subpart CC is added by today's action to both 40 CFR parts
264 and 265. Subpart CC under 40 CFR part 264 applies to owners and
operators of permitted TSDF while subpart CC under 40 CFR part 265
applies to owners and operators of interim-status TSDF. All changes
since proposal to subpart CC in 40 CFR part 264 and to subpart CC in 40
CFR part 265 are identical with the exception of changes to the rule
reporting requirements. There are no reporting requirements under 40
CFR 265 subpart CC for owners and operators of interim-status TSDF.
Hereafter for convenience in this preamble, the term ``subpart CC
standards'' is used collectively to refer to both subpart CC in 40 CFR
part 264 and subpart CC in 40 CFR part 265.
The compliance time for the subpart CC standards has been revised
since proposal to allow up to an additional 30 months after June 5,
1995 to install and begin operation of air emission control equipment
required by the rule provided that the owner or operator develops and
places in the facility operating records by this date an implementation
schedule for installation of the equipment. Compliance dates and
implementation requirements for the final rule are explained in
sections I and VIII of this preamble.
1. Applicability
The applicability of the subpart CC standards has been revised
since proposal to specifically exempt from the rule certain tanks
surface impoundments, and containers in which the owner or operator has
stopped adding hazardous waste. The subpart CC standards do not apply
to a tank, surface impoundment, or container that meets either of the
following conditions:
(1) No hazardous waste is added to the waste management unit on or
after June 5, 1995 (see generally 55 FR 39409, September 27, 1990); or
(2) Addition to hazardous waste to the waste management unit is
stopped and the owner or operator has begun implementing or completed
closure pursuant to an approved closure plan.
In addition, the applicability of the subpart CC standards has been
changed such that the rule is not applicable to any container having a
design capacity less than 0.1 m\3\ (approximately 26 gallons)
regardless of the organic content of the hazardous waste handled in the
container. In response to comments on the proposed rule, the EPA
reviewed the types of small containers commonly used to accumulate and
transfer hazardous waste. Considering the small quantity of hazardous
waste handled in a sample collection vial, safety can, disposal can,
and other types of small containers and the short periods of time that
the waste normally remains in one of these containers, the EPA
concluded that existing rules for containers having a design capacity
less than 0.1 m\3\ are sufficient to protect human health and the
environment.
Finally, the EPA has decided to temporarily defer application of
the subpart CC standards to tanks, surface impoundments, and containers
managing hazardous wastes under certain special circumstances. For now,
the EPA is deferring application of the subpart CC standards to waste
management units that are used solely to treat or store hazardous
wastes generated on-site from remedial activities required under RCRA
corrective action or CERCLA response authorities (or similar State
remediation authorities). Also, the EPA is deferring application of the
subpart CC standards to waste management units that are used solely to
manage radioactive mixed wastes. The EPA's rationale for these
deferrals is explained in section VIII.A.1 of this preamble.
2. General Standards
For each tank, surface impoundment, or container to which the
subpart CC standards apply (referred to here as an ``affected unit''),
the owner or operator is required to use the air emission controls
specified in the rule except when the hazardous waste placed in an
affected unit meets certain conditions. As explained in the following
paragraphs, the conditions under which an affected unit is exempted
from the air emission control requirements of the subpart CC standards
have been revised since proposal.
a. Waste volatile organic concentration exemption. Under the final
subpart CC standards, an affected unit is exempt from the air emission
control requirements of the rule if all hazardous waste placed in the
unit is determined to have an average volatile organic concentration
less than 100 parts per million by weight (ppmw) based on the organic
composition of the hazardous waste at the point of waste origination.
This waste volatile organic concentration limit incorporates several
revisions that have been made by the EPA since proposal.
First, the format for the limit has been changed to be the average
volatile organic concentration of the hazardous waste on a mass-
weighted basis during normal operating conditions for the source or
process generating the waste (in contrast to the proposed format of the
maximum volatile organic concentration for the hazardous waste never to
be exceeded). Averaging periods up to 1 year in duration are allowed
for each individual waste stream under the final rule. The procedures
for determining the average volatile organic concentration of a waste
are explained further under ``Waste Determination Procedures'' in this
section and in section VII.A.3 of this preamble.
Second, determination of the volatile organic concentration of the
waste under the final rule is based on the organic composition of the
waste at the ``point of waste origination'' (instead of the ``point of
waste generation'' as proposed). The ``point of waste origination'' is
defined in the final rule with respect to the point where the TSDF
owner or operator first has possession of a hazardous waste. When the
TSDF owner or operator is the generator of the hazardous waste, the
``point of waste origination'' means the point where a solid waste
produced by a system, process, or waste management unit is determined
to be a hazardous waste as defined in 40 CFR part 261. In this case,
this term is being used in a similar manner to the use of the term
``point of generation'' in waste operations air standards established
under authority of the Clean Air Act in 40 CFR parts 60, 61, and 63 of
this chapter. When neither the TSDF owner nor operator is the generator
of the hazardous waste, the ``point of waste origination'' means the
point where the owner or operator accepts delivery or takes possession
of the hazardous waste.
Finally, the EPA revised the impact analysis used for this
rulemaking after proposal to incorporate additional TSDF industry data.
An opportunity for public comment on this analysis was provided by the
EPA (refer to sections III.B and VI.B of this preamble). Based on the
revised analysis results, the EPA selected a new value for the volatile
organic concentration limit. Section V.C of this preamble presents the
rationale for the selection of the control option used as the basis for
the final rule.
b. Treated hazardous waste exemption. Under the subpart CC
standards, each affected tank, surface impoundment, and container that
manages hazardous waste having an average volatile organic
concentration equal to or greater than 100 ppmw, as determined by the
procedures specified in the rule, is required to use air emission
controls in accordance with the rule requirements. The owner or
operator must install and operate the specified air emission controls
on every affected tank, surface impoundment, and container used in the
waste management sequence from the point of waste origination (as
applies to the specific hazardous waste stream) through the point where
the organics in the waste are removed or destroyed by a process in
accordance with the requirements of the rule. If a particular hazardous
waste is not treated to meet these requirements, then all affected
units at the TSDF used in the waste management sequence for this
hazardous waste are required to use the air emission controls specified
by the subpart CC standards.
If the hazardous waste is treated to remove or destroy the organics
in the waste by a process that meets or exceeds a minimum level of
performance as specified in the rule, then affected units at the TSDF
operated downstream of the treatment process in the waste management
sequence for this hazardous waste are not required to use the air
emission controls specified by the subpart CC standards. It is
important to emphasize that tanks, surface impoundments, and containers
(subject to the rule) in which the treatment process is conducted are
required to use the applicable air emission controls specified by the
subpart CC standards with the exception of certain tanks and surface
impoundments used for active biological treatment of hazardous waste
and achieving the performance requirements specified in the rule (this
exception is explained further in section VII.A.4 of this preamble).
The conditions under which a treated hazardous waste no longer is
required to be managed in affected units using air emission controls
under the subpart CC standards have been revised and expanded since
proposal to include many alternatives from which an owner or operator
can choose one with which to comply. The final subpart CC standards
allow an owner or operator to use any type of treatment process that
can continuously achieve one of the specified sets of performance
conditions. These conditions have been changed to include:
(1) The average volatile organic concentration of the hazardous
waste exiting the process is less than 100 ppmw (except for certain
site-specific situations where multiple hazardous waste streams are
treated by a single process in which case a volatile organic
concentration limit for the waste exiting the process is established by
the rule procedures at a value lower than 100 ppmw);
(2) The organic reduction efficiency for a process treating
multiple hazardous waste streams is equal to or greater than 95
percent, and the average volatile organic concentration of the
hazardous waste exiting the treatment process is less than 50 ppmw; or
(3) The actual organic mass removal rate for the process is greater
than the required mass removal rate established for the process. The
alternative treatment process performance requirements specified in the
final subpart CC standards are discussed further in section VII.A.2 of
this preamble.
The proposed explicit exemption for hazardous wastes complying with
the land disposal restriction (LDR) treatment standards is not included
in the final subpart CC standards. The EPA concluded that the expanded
number of alternatives for treated hazardous waste and other provisions
added to the final rule provide a reasonable regulatory mechanism by
which a TSDF owner or operator can determine whether a hazardous waste
complying with the LDR treatment standards is exempted from being
managed in accordance with the air emission control requirements of the
subpart CC standards.
3. Waste Determination Procedures
As already noted, the procedures that a TSDF owner or operator may
use to determine the volatile organic concentration of a hazardous
waste have been revised for the final subpart CC standards. For a case
when direct measurement is chosen for determining the volatile organic
concentration of a hazardous waste, the proposed statistical
calculation procedure using Method 25D results is not included in the
final subpart CC standards. Instead, procedures are specified in the
final rule to compute the mass-weighted average volatile organic
concentration of a hazardous waste using Method 25D results for waste
generated as part of a continuous process and for waste generated as
part of a batch process. Under circumstances when the same batch
process is performed repeatedly but not necessarily continuously, the
final rule allows the owner or operator to determine the average
volatile organic concentration of the waste from this process by
averaging results for one or more representative waste batches
generated by the process. In all cases, a sufficient number of waste
samples for analysis (with a minimum of four samples) must be collected
to be representative of the normal range of the operating conditions
for the source or process generating the hazardous waste. Normal
operating conditions for the source or process generating the waste
include cyclic process operations such as startup and shutdown. Process
malfunctions, maintenance activities, or equipment cleaning are not
considered to be normal operating conditions for the purpose of
determining the average volatile organic concentration of a waste.
These waste determination procedures are discussed further in section
VII.A.3 of this preamble.
The proposed explicit requirements for determining the volatile
organic concentration of a hazardous waste using information in a waste
certification notice prepared by the waste generator are not included
in the final rule. Instead, for hazardous waste that is not generated
by the TSDF owner or operator (i.e., waste shipped to the TSDF from
off-site sources under different ownership), the final rule allows the
TSDF owner or operator to determine the waste volatile organic
concentration by either testing the waste when he or she accepts
delivery of the hazardous waste or using appropriate information about
the waste composition that is prepared by the generator of the waste.
The generator prepared information can be included in manifests,
shipping papers, or waste certification notices accompanying the waste
shipment, as agreed upon between the waste generator and the TSDF owner
or operator.
4. Tank Standards
Several changes to the tank standards have been made since
proposal. An exemption from the tank standards has been added for those
affected tanks used for biological treatment of a hazardous waste in
accordance with requirements specified in the rule. Changes have been
made to clarify the regulatory text regarding the tank cover design and
operating requirements. Also, the conditions have been clarified that
must be met for a particular tank to use a fixed-roof type cover
without any additional controls in accordance with the subpart CC
standards. Finally, provisions have been added to the rule to address
those special situations in which emergency venting of the tank or the
air emission controls installed on the tank is necessary for safety.
5. Surface Impoundment Standards
Changes to the surface impoundments standards have been made to be
consistent with the changes to the tank standards as applicable.
6. Container Standards
Several changes have been made to the container standards since
proposal in addition to limiting the applicability of the subpart CC
standards to containers having a design capacity equal to or greater
than 0.1 m\3\. The air emission control requirements for affected
containers have been revised to provide several air emission control
alternatives from which an owner or operator may choose one with which
to comply. For containers having a design capacity less than or equal
to 0.46 m\3\ (approximately 119 gallons), an owner or operator may
place the hazardous waste in drums that meet U.S. Department of
Transportation (DOT) specifications under 49 CFR part 178 without any
additional testing, inspection, or monitoring requirements. An owner or
operator is also allowed under the final rule to place the hazardous
waste in tank trucks and tank railcars that are annually demonstrated
to be vapor tight using Method 27 in 40 CFR part 60, appendix A without
any additional testing, inspection, or monitoring requirements.
The requirements for waste transfer operations for containers have
been revised under the final subpart CC standards. Submerged-fill of
hazardous waste that is loaded into containers by pumping is required
only when transferring the waste into containers having a design
capacity greater than 0.46 m\3\. Submerged fill of the waste is not
required when filling smaller size containers such as 55-gallon drums.
The air emission control requirements for owners and operators
treating hazardous waste in open containers have been revised. Whenever
it is necessary for the container to be open during the treatment
process, the container is required to be located in an enclosure
connected to a closed-vent system with an operating organic emission
control device. The final subpart CC standards include specific
enclosure design and operation requirements which allow the enclosure
to have permanent openings for worker access.
Finally, the container standards have been revised to be consistent
with the safety venting provisions added to the tank and surface
impoundment standards.
7. Closed-Vent System and Control Device Standards
The design and operating requirements for closed-vent systems and
control devices have been changed to be consistent with those
requirements already applicable to TSDF owners and operators under
subpart AA in 40 CFR parts 264 and 265. The subpart AA standards have
been in effect since 1990 and establish RCRA air standards to control
organic emissions from process vents on certain types of hazardous
waste treatment units.
8. Inspection and Monitoring Requirements
The inspection and monitoring requirements under the subpart CC
standards have been revised since proposal. The requirements for
inspection and monitoring of closed-vent systems and control devices
have been changed to be identical to the inspection and monitoring
requirements under subpart AA in 40 CFR parts 264 and 265. The required
interval for the visual inspection of covers installed on tanks,
surface impoundments, and certain containers has been changed to once
every 6 months. After the initial cover inspection and monitoring for
detectable organic emissions is completed, the owner or operator is
only required to inspect and monitor those cover openings that have
been opened (i.e., have not continuously remained in a closed, sealed
position) since the last visual inspection and monitoring. Special
inspection and monitoring provisions have been added for cover fittings
that are unsafe or difficult, as defined in the rule, for facility
personnel to inspect and monitor.
The subpart CC standards have been changed to allow leak repair on
tank and surface impoundment covers to be delayed beyond 15 calendar
days if both of the following conditions occur: (1) Repair of the leak
requires first emptying the contents of the tank or surface
impoundment; and (2) temporary removal of the tank or surface
impoundment from service will result in the unscheduled cessation of
production from the process unit, or operation of the waste management
unit, that is generating the hazardous waste managed in the tank or
surface impoundment. Repair of a leak must be performed at the next
time the process, system, or waste management unit that is generating
the hazardous waste managed in the tank or surface impoundment stops
operation for any reason.
9. Recordkeeping Requirements
The subpart CC standards have been changed to require cover design
documentation only for floating roof-type tank covers, surface
impoundment covers, and enclosures used for control of air emissions
from containers. Also, the recordkeeping requirements have been revised
as appropriate to address the changes to the final rule described
previously in this section of the preamble.
10. Reporting Requirements
The reporting requirements in the subpart CC standards are the same
as proposed with one exception. The time interval within which TSDF
owners and operators subject to the subpart CC standards under 40 CFR
part 264 must report to the Regional Administrator all circumstances
resulting in noncompliance with the applicable conditions has been
changed to within 15 calendar days of the time that an owner or
operator becomes aware of the circumstances.
B. TSDF Miscellaneous Units
Today's action amends 40 CFR 264.601 by adding to the permit terms
and provisions required for RCRA permitting of a miscellaneous unit the
appropriate air emission control requirements in 40 CFR part 264,
subparts AA, BB, and CC. This amendment is the same as proposed.
C. Generator 90-Day Tanks and Containers
The conditions with which a hazardous waste generator must comply,
pursuant to 40 CFR 262.34(a), to exempt tanks and containers
accumulating hazardous waste on-site for no more than 90 days from the
RCRA subtitle C permitting requirements are amended by today's action
to include compliance with the air emission control requirements of 40
CFR part 265, subparts AA, BB, and CC. This amendment is the same as
proposed.
D. Other RCRA Regulatory Actions
The EPA proposed several amendments to existing RCRA air standards.
One amendment proposed adding requirements for the management of spent
carbon removed from a carbon adsorption system to the closed-vent
system and control device standards under 40 CFR part 264, subparts AA
and BB, and 40 CFR part 265, subparts AA and BB. The final amendment
has been revised to allow the owner or operator the additional option
of burning the spent carbon in a boiler or industrial furnace that is
permitted under subpart H of 40 CFR part 266. A second amendment
promulgated today updates the leak detection monitoring provisions
under 40 CFR part 264, subparts AA and BB, and 40 CFR part 265,
subparts AA and BB for closed-vent systems to be consistent with other
air standards recently promulgated by the EPA. Under this amendment,
annual leak detection monitoring is not required for those closed-vent
system components which continuously operate in vacuum service or those
closed-vent system joints, seams, or other connections that are
permanently or semi-permanently sealed (e.g., a welded joint between
two sections of metal pipe, a bolted and gasketed pipe flange).
E. Test Methods
As part of this rulemaking, the EPA proposed two new reference test
methods (Method 25D and Method 25E) to be added to 40 CFR part 60,
Appendix A. Method 25D is a test method for the determination of the
volatile organic concentration of waste materials. Since proposal, the
EPA decided it is also appropriate to use method 25D to implement other
EPA air standards being developed under authority of the Clean Air Act.
The promulgation of some of these other air standards prior to today's
action required the EPA to promulgate Method 25D in a separate
rulemaking (refer to 59 FR 19402, April 22, 1994). Comments and
responses relevant to Method 25D for this rulemaking are in the BID for
the final rule and in the dockets pertaining to this rulemaking.
Method 25E is being promulgated today. Method 25E is the test
method for determining the organic vapor pressure of wastes. The
sampling requirements for Method 25E have been revised since proposal
to provide for sampling of the waste in a tank.
III. Summary of Final Rule Impacts
The EPA estimates that implementation of the subpart CC standards
will reduce nationwide organic emissions from TSDF tanks, surface
impoundments, and containers by approximately 970,000 Mg/yr. In
addition, the EPA estimates that nationwide organic emissions from 90-
day tanks and containers will be reduced by approximately 73,000 Mg/yr.
Control of organic air emissions addresses many air quality
problems including ambient ozone formation, adverse human health
effects from inhalation of air toxics, and, to a lesser extent,
depletion of stratospheric ozone. Ambient ozone concentrations exceed
the National Ambient Air Quality Standards (NAAQS) in many metropolitan
areas throughout the United States. Thus, the rule promulgated today
will contribute to progress in attaining the NAAQS for ozone in
nonattainment areas and also in preventing significant deterioration of
the air quality in those areas of the United States currently in
attainment with the NAAQS for ozone.
Today's action will also significantly reduce the risk to the
public of contracting cancer posed by exposure to toxic constituents
contained in the organic emissions from hazardous waste management
activities. The cancer risk to the entire exposed population nationwide
(i.e., annual cancer incidence) from exposure to organic emissions from
TSDF is estimated by the EPA to be reduced from approximately 48 cases
per year to a level of 2 cases per year. Annual cancer incidence as a
result of exposure to organic emissions from 90-day tanks and
containers is estimated by the EPA to be reduced from approximately
four cases per year to less than one case per year.
Maximum individual risk (MIR) is a measure of the added probability
of a person contracting cancer if exposed continuously over a 70-year
period to the highest annual average ambient concentration of the air
toxics emitted from a TSDF site. There are approximately 2,300 TSDF
locations in the United States. The MIR for all but approximately 20 of
these facilities is estimated by the EPA to be reduced by
implementation of the subpart CC standards to a level that is less than
1 x 10\4\. The target MIR levels historically used by the
EPA for other promulgated RCRA standards range from 1 x
10\4\ to 1 x 10\6\. Because the MIR values
for a few TSDF are estimated to remain higher than the historical RCRA
target, the EPA is continuing to evaluate the waste management
practices and the individual chemical compounds composing the organic
emissions at these TSDF. Following this evaluation, the EPA will
determine what other actions are necessary to attain the health-based
goals of RCRA section 3004(n). The omnibus permitting authority in
section 3005(c)(3) can be invoked to supplement or add to the
requirements in today's rule, should the rule be determined to be
insufficient to assure protection of human health and the environment
at a particular facility.
The total nationwide capital investment cost to TSDF owners and
operators to implement the subpart CC standards is estimated by the EPA
to be approximately $290 million. The total nationwide annual cost for
these standards is estimated to be approximately $110 million per year.
The total nationwide capital costs to hazardous waste generators of
installing the required air emission controls on 90-day tanks and
containers is estimated by the EPA to be approximately $23 million.
Total nationwide annual cost for the 90-day tank and container controls
is estimated to be approximately $7 million.
The EPA concludes that the rule promulgated today will not have a
significant economic impact on hazardous waste generators or TSDF
owners and operators. Prices for commercial hazardous waste management
services are estimated by the EPA to increase by less than 1 percent on
a nationwide annualized basis. The quantity of hazardous waste handled
by commercial hazardous waste management companies is projected to be
reduced by less than 1 percent on a nationwide annualized basis. Few,
if any, facility closures are anticipated. Job losses in the hazardous
waste industry are estimated to be less than 1.5 percent. Furthermore,
this impact on employment does not reflect positive employment effects
on industries producing the air emission control equipment that will be
used to comply with the rule. No significant impacts are expected on
small businesses.
IV. Background
A. Implementation of RCRA Section 3004(n)
The Hazardous and Solid Waste Amendments of 1984 added section
3004(n) to RCRA. Section 3004(n) directs the EPA to promulgate
regulations for the monitoring and control of air emissions from TSDF
as may be necessary to protect human health and the environment. The
EPA completed the first phase of its regulatory development program to
implement this Congressional directive with the promulgation of RCRA
air standards that control organic emissions vented from certain
hazardous waste treatment processes (i.e., distillation, fractionation,
thin-film evaporation, solvent extraction, steam stripping, and air
stripping) as well as from leaks in certain ancillary equipment used
for hazardous waste management processes (55 FR 25454, June 21, 1990).
Today's action completes the second phase of the EPA's regulatory
development program with the promulgation of RCRA air standards for
tanks, surface impoundments, containers, and miscellaneous units
operated at TSDF. This rulemaking also adds air emission control
requirements for certain hazardous waste generators accumulating waste
on-site in RCRA permit-exempt tanks and containers.
As described at proposal (56 FR 33496, July 22, 1991), the EPA
decided in both the first and second phases to develop standards that
control organic emissions as a class (as opposed to constituent-by-
constituent). Implementation of these nationwide standards will achieve
significant organic emission and cancer risk reductions. However, the
EPA estimates the cancer risk at a few TSDF after implementation of
these nationwide standards to remain at a level that is higher than the
range of target risk levels for other promulgated RCRA standards (refer
to section V.C of this preamble.) The third phase of this regulatory
development program is to determine what other actions are necessary to
attain the health-based goals of RCRA section 3004(n). To make this
determination, the EPA is evaluating hazardous waste operations at
those individual TSDF estimated to have MIR values greater than the
historical RCRA target MIR levels.
B. Public Participation in Rulemaking
The EPA is promulgating today's final rule after careful
consideration of public comments on the proposed rule (56 FR 33491,
July 22, 1991). The preamble to the proposed rule discussed the
availability of the background information document (BID) pertaining to
the health effects of organic emissions from hazardous waste TSDF using
tanks, surface impoundments, and containers. The EPA mailed copies of
the Federal Register notice and the BID for the proposed rule to
industry representatives, environmental groups, and State and Federal
agencies.
The EPA solicited comments from the public at the time of proposal
and provided a 90-day comment period, from July 22, 1991 to October 21,
1991, for the public to prepare and submit written comments on the
proposed rule. In addition, the EPA provided the opportunity for a
public hearing to allow interested persons to present oral comments to
the EPA concerning the proposed rule. However, no one requested that
the EPA hold a public hearing on the proposed rule. The EPA did receive
written comments from more than 80 companies, industrial trade
associations, environmental groups, and State and Federal agencies. The
BID for the final rule summarizes all of the comments on the proposed
rule and presents the EPA's response to each of the comments. Section
VI of this preamble presents responses to selected major comments.
Following the EPA's review of public comments received on the
proposed rule, the EPA revised the impact analysis used for its final
determination regarding today's rulemaking. This analysis used
additional TSDF industry data obtained by the EPA. The EPA provided an
opportunity for public comment on the additional TSDF industry data
used for the impact modeling revisions. A Federal Register Notice of
Data Availability (57 FR 43171, September 18, 1992) listed these
additional data. The EPA also made the data available for public
inspection at the EPA RCRA Docket Office. A 30-day comment period, from
September 18, 1992 to October 19, 1992, provided the public the
opportunity to comment on the additional data. The EPA received
comments on the additional data from one industrial trade association.
Section VI.B of this preamble presents a summary of these comments.
C. Relationship to Other RCRA Standards
1. RCRA Rules for TSDF Owners and Operators
Today's action establishes organic air emission control
requirements for TSDF tanks, surface impoundments, and certain
containers. Other types of waste management units operated at TSDF may
be subject to these air emission control requirements as follows.
a. Miscellaneous units. Under RCRA in 40 CFR 260.10, the EPA
defines a ``miscellaneous unit'' as a hazardous waste management unit
where waste is treated, stored, or disposed of that is not a container,
tank, surface impoundment, wastepile, land treatment unit, landfill,
incinerator, boiler, industrial furnace, underground injection well
with appropriate technical standards under 40 CFR part 146, or a unit
eligible for a research, development, and demonstration permit under 40
CFR 270.65. The EPA has established provisions under 40 CFR part 264,
subpart X to allow TSDF owners and operators to obtain permits to
operate miscellaneous units. The EPA permits miscellaneous units on a
case-by-case basis with terms and provisions as needed to protect
public health and the environment through generic performance standards
specified in 40 CFR 264.601.
Today's rule amends Sec. 264.601 to state that the air emission
controls required by the standards under 40 CFR 264 subparts AA, BB,
and CC are among the ``appropriate'' controls a permit writer may
require for a miscellaneous unit ``to ensure protection of human health
and the environment.'' Applicability of today's rule to miscellaneous
units is discussed further in Section VII.B of this preamble.
b. Land disposal restrictions. The RCRA LDR treatment standards
under 40 CFR part 268 require TSDF owners and operators to treat
hazardous waste to reduce the toxicity or mobility of specific
constituents in the waste before the TSDF owner or operator can place
the waste in a land disposal unit. Under certain conditions, the EPA
may grant a TSDF owner or operator permission to land dispose a
hazardous waste that does not meet the LDR treatment standards in a
particular land treatment unit, landfill, wastepile, or surface
impoundment. This action is referred to as the ``no migration''
variance. To obtain a ``no migration'' variance, a TSDF owner or
operator must demonstrate in a petition to the EPA that, with a
reasonable degree of certainty, there will be no migration of hazardous
constituents from the disposal unit for as long as the waste remains
hazardous.
On August 11, 1992, the EPA proposed its interpretation of the term
``no migration'', the procedures and substantive requirements for
submitting to the EPA a petition to demonstrate ``no migration'' from a
land disposal unit, and the EPA's criteria for evaluating the petitions
(57 FR 35940). This proposal includes amending 40 CFR 268.6 to add as a
condition for receiving a no migration variance that the applicant
demonstrate that the subject land disposal unit complies with the
applicable air emission standards the EPA has developed under 40 CFR
parts 264 and 265.
c. Corrective action requirements. The EPA is temporarily deferring
applicability of the subpart CC standards to any tank, surface
impoundment, or container which is used solely for on-site treatment or
storage of hazardous waste that is generated as the result of
implementing remedial activities required under the RCRA corrective
action authorities of 3004(u), 3004(v) or 3008(h). The EPA's rationale
for this temporary deferral is explained in section VII.A.1 of this
preamble.
2. RCRA Rules for Hazardous Waste Generators
Hazardous waste generators who accumulate waste on-site in
containers or tanks for short periods of time can elect to be exempted
from RCRA subtitle C permitting requirements provided that a generator
complies with provisions specified in 40 CFR 262.34. The EPA allows a
generator who generates 1,000 kilograms or more of hazardous waste per
month to accumulate the hazardous waste on-site for up to 90 days in
tanks and containers without a permit provided the generator complies
with certain conditions specified in 40 CFR 262.34(a). These 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 accumulate in a tank. Tanks and containers
used to accumulate hazardous waste on-site for 90 days or less pursuant
to the conditions of 40 CFR 262.34(a) are hereafter referred to in this
preamble as ``90-day tanks and containers.''
The rule promulgated today only amends the RCRA permit exemption
requirements for generators operating 90-day tanks and containers. This
action does not affect the existing RCRA permit exemption requirements
for generators operating tanks and containers for on-site accumulation
of hazardous waste in accordance with the provisions of 40 CFR 262.34
(d) or (e). Applicability of today's rule to 90-day tanks and
containers is discussed further in Section VI.D of this preamble.
3. RCRA Rules for Hazardous Waste Transporters
Regulations in 40 CFR part 263 establish standards that apply to
persons transporting hazardous waste within the United States if the
transportation requires a manifest under 40 CFR part 262. Today's
action does not change the RCRA rules under 40 CFR part 263. However,
the air standards promulgated today may indirectly affect transporters
accepting certain organic-containing hazardous wastes from TSDF owners
and operators. The final subpart CC standards require that TSDF owners
and operators only load these hazardous wastes into containers
(including tank truck, railcars, and roll-off boxes) that use air
emission controls as specified in the rule. Consequently, to continue
accepting hazardous waste from a TSDF owner or operator, in some cases,
transporters may need to ensure that their containers meet the subpart
CC standards.
D. Relationship to CERCLA Standards
The Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA), authorizes the EPA to undertake removal and
remedial actions to clean up hazardous substance releases. Under
CERCLA, on-site remedial actions are required to comply with the
requirement of Federal and more stringent State environmental laws that
are applicable or relevant and appropriate (ARAR) to the remedial
action unless certain statutory waivers apply. In addition, the
National Oil and Hazardous Substances Contingency Plan (NCP) provides
that removal actions shall attain ARAR to the extent practicable
considering the exigencies of the situation. [40 CFR 300.415(i)]. As
explained in section VII.A.1 of this preamble, the EPA has decided to
temporarily defer application of the subpart CC standards to tanks,
containers and surface impoundments which are being used to treat or
store hazardous wastes containing organics generated on-site from
remedial activities required under RCRA corrective action or CERCLA
response authorities, or similar State remediation authorities,
provided that the wastes are managed in units that do not also manage
other hazardous waste containing organics. However, after the temporary
deferral has been lifted, today's rules may be considered an ARAR for
certain types of remedial and removal actions.
A requirement under a Federal or State environmental law may be
either ``applicable'' or ``relevant and appropriate,'' but not both, to
a remedial or removal action conducted at a CERCLA site. An ARAR is
identified on a site-specific basis in a two-part analysis that
considers first, whether a given requirement is applicable; then, if it
is not applicable, whether it is nevertheless both relevant and
appropriate. ``Applicable'' requirements as defined in the NCP are
those that specifically address a hazardous substance, pollutant,
contaminant, remedial action, location, or other circumstances found at
a CERCLA site. [40 CFR 300.415(i)]. ``Relevant and appropriate''
requirements are those that, while not ``applicable'' at a CERCLA site,
address problems or situations sufficiently similar to those
encountered at the CERCLA site that their use is well suited to the
particular site. [40 CFR 300.415(i)].
Some waste management activities used for remedial and removal
actions of hazardous organic substances require the use of tanks,
surface impoundments, and containers. For example, a TSDF may treat
hazardous organic liquids and surface water contaminated with hazardous
organic waste on site using destruction, detoxification, or organic
removal processes that occur in tanks or surface impoundments. The
facility may perform on-site solvent washing of soils contaminated with
hazardous organic sludges in a tank or container. At a TSDF, hazardous
waste in leaking drums may be repacked in new containers for treatment
and disposal at another site.
Once today's deferral is lifted, the air emission control
requirements of the subpart CC standards are likely to be
``applicable'' to on-site remedial and removal actions that use tanks,
surface impoundments, and containers to manage substances exhibiting
characteristics or listed under RCRA as hazardous waste and having an
average volatile organic concentration equal to or greater than 100
ppmw. In other cases, the standards may be ``relevant and
appropriate''; this determination must be made on a site specific
basis.
On the other hand, the subpart CC standards do not specify control
requirements for wastepiles, landfills, and land treatment units that
manage hazardous wastes at TSDF. Therefore, the standards are not
likely to be ``applicable'' to excavation, capping of wastes, land
treatment, land farming, in situ treatment activities, and other
activities involving wastepiles and landfills at CERCLA sites. Although
in most cases the EPA does not expect the subpart CC standards to be
``relevant and appropriate'' to these types of units at CERCLA sites,
remedial and removal actions performed in wastepiles may in some cases
be similar in nature and scale to the waste management activities
performed in surface impoundments; and waste stabilization may involve
the basic process and air emission mechanism regardless of whether the
mixing of the waste and binder is conducted in a tank, surface
impoundment, container, wastepile, landfill, or land treatment unit.
Thus, in some cases the subpart CC standards may be ``relevant and
appropriate'' for such actions; this determination must be made on a
site specific basis.
E. Relationship to Clean Air Act Standards
Section 112 of the Clean Air Act (CAA) regulates stationary sources
of hazardous air pollutants (HAP). This section was comprehensively
amended under Title III of the 1990 Amendments to the CAA. Under the
amended CAA section 112(b), Congress listed 189 chemicals, compounds,
or groups of chemicals as HAP. The EPA is directed by the CAA to
regulate HAP emissions from stationary sources by establishing national
emission standards for hazardous air pollutants (NESHAP).
The 1990 Amendments to the CAA required the EPA to develop and
publish a list of source categories that emit HAP for which NESHAP will
be developed. The EPA published its initial list of NESHAP source
categories on July 16, 1992 (refer to 57 FR 31576). Many industrial
sectors that may manage hazardous wastes are listed as specific NESHAP
source categories. Consequently, facilities at which hazardous wastes
are managed may be subject to both NESHAP and the RCRA air standards
under 40 CFR part 264 and 265. At these facilities, some waste
management units would be subject to either air emission control
requirements under the NESHAP or the air emission control requirements
under the RCRA air standards. However, in certain situations, some
waste management units would be subject to air emission control
requirements under both sets of rules.
The CAA requires that the requirements of standards developed under
the Act be consistent, but avoid duplication, with requirements of
standards developed under RCRA. Consequently, the EPA is taking into
account the air standards promulgated under RCRA section 3004(n) in
determining the requirements for NESHAP affecting air emission sources
at which hazardous waste could be managed.
F. Relationship to Nuclear Regulatory Commission Standards
Radioactive mixed wastes are wastes that contain radioactive
materials as well as materials listed or identified as hazardous under
RCRA. Radioactive mixed wastes must be managed in accordance with RCRA
regulations, in addition, these wastes also are subject to standards
administered by the Nuclear Regulatory Commission (NRC) under the
Atomic Energy Act and Nuclear Waste Policy Act of 1982 that address the
safe handling and disposal of radioactive waste.
The EPA has previously stated its general position that the
management of radioactive mixed waste at TSDF is subject to regulation
under subtitle C of RCRA (51 FR 24504, July 3, 1986; 53 FR 37045,
September 23, 1988). In developing the RCRA standards applicable to
radioactive mixed wastes, the EPA considers the management practices
required for these wastes to avoid inconsistencies between the EPA's
hazardous waste management requirements and the NRC's radioactive waste
management requirements. Furthermore, RCRA section 1006(a) precludes
any solid or hazardous waste regulation by the EPA or a State that is
``inconsistent'' with the requirements of the Atomic Energy Act. Thus,
in a case where the regulatory requirements for radioactive mixed waste
are conflicting, the NRC requirement takes precedence over the RCRA
requirement. Because of the potential that air emission control
equipment required by the subpart CC standards promulgated today may
conflict with certain radioactive waste management requirements under
NRC standards, the EPA has decided to temporarily defer application of
the subpart CC standards to tanks, containers, and surface impoundments
which are being used solely to manage radioactive mixed wastes. This
deferral is discussed further in section VII.A.1 of this preamble.
V. Basis for Final Rule
A. New Control Options
The EPA developed a national impacts model specific to the air
emission sources affected by this rulemaking to compare the human
health and environmental protection provided by the different air
emission control options. Following proposal of the rule, the EPA
revised this model to incorporate new information obtained by the EPA
and to address public comments on the impact analysis methodology
received at proposal. Section VI.B of this preamble presents a further
discussion of the impact analysis revisions.
At proposal, the EPA gave notice that consideration of new results
from revisions to the national impacts analysis could lead to selection
of any one of the control options considered at proposal or possibly a
new control option (56 FR 33516). Upon reviewing preliminary results
for the revised national impacts model, the EPA decided to expand the
number of control options considered for the final rule.
The EPA first performed a screening evaluation by using the revised
national impacts model to estimate the nationwide organic emission and
cancer incidence reductions for the original five control option
configurations described at proposal (56 FR 33512), plus nine new
control option configurations. The EPA included a summary of the
impacts model results for these 14 control options in the information
listed in the Notice of Data Availability (57 FR 43171) and made
available for public inspection at the EPA RCRA Docket Office (refer to
RCRA docket entry number F-92-CESA-00018).
The EPA used the screening evaluation results to select a final
group of control options selected for further analysis. The EPA
eliminated a control option from further consideration if another one
of the control options was estimated to provide the same level of
nationwide organic emission or cancer incidence reduction but at a
lower cost. This is the same control option selection approach the EPA
used at proposal.
Based on the screening evaluation results, the EPA selected four
control options for further analysis. In addition to the control option
used as the basis for the proposed rule, the EPA also analyzed
``baseline'' impacts. These ``baseline'' impacts represent the
estimated nationwide organic emissions and other impacts that would
occur in the absence of implementing any of the control options. The
final group of five control options (designated Options A through E)
differ by the value used for the volatile organic concentration limit
and the type of air emission controls used for surface impoundments.
Option A requires air emission controls on all TSDF tanks, surface
impoundments, and containers managing hazardous waste with any
detectable volatile organic concentration as determined at the point
where the waste is generated (i.e., a volatile organic concentration
action level of 0 ppmw). Under Option A, tanks use a cover vented to a
control device except for tanks handling certain hazardous wastes.
Tanks in which the organic vapor pressure of the hazardous waste in the
tank is less than 10.4 kPa (approximately 1.5 psi) may use a cover
without additional controls. All surface impoundments use a cover
vented to a control device. Containers use cover and submerged fill for
loading hazardous wastes into the containers.
Option B requires air emission controls only on those TSDF tanks,
surface impoundments, and containers used to manage hazardous wastes
having a volatile organic concentration at the point where the waste is
generated equal to or greater than 100 ppmw. The control requirements
are the same as described for Option A with one exception; surface
impoundments used for storage of hazardous waste and surface
impoundments used for treatment of hazardous waste by a process not
requiring aeration or agitation of the waste require covers only.
Option C requires air emission controls only on those TSDF tanks,
surface impoundments, and containers used to manage hazardous wastes
having a volatile organic concentration at the point where the waste is
generated greater than 500 ppmw. The air emission control requirements
are the same as described for Option B. Option C is the same control
option selected as the basis for the proposed rule.
Option D requires air emission controls only on those TSDF tanks,
surface impoundments, and containers used to manage hazardous wastes
having a volatile organic concentration at the point where the waste is
generated greater than 1,500 ppmw. The air emission control
requirements are the same as described for Options B and C.
Option E requires air emission controls only on those TSDF tanks,
surface impoundments, and containers used to manage hazardous wastes
having a volatile organic concentration at the point where the waste is
generated greater than 3,000 ppmw. The air emission control
requirements are the same as described for Options B, C, and D.
B. Control Option Impacts
The EPA estimated nationwide organic emission and cancer risk
reductions that would be achieved if air standards were implemented for
each of the five control options. The ``baseline'' nationwide organic
emissions from TSDF are estimated to be approximately 1 million Mg/yr.
The estimated nationwide TSDF organic emissions assuming implementation
of the individual control options are 30,000 Mg/yr for Option A, 41,000
Mg/yr for Option B, 48,000 Mg/yr for Option C, 51,000 Mg/yr for Option
D, and 90,000 Mg/yr for Option E.
To assess the risk of contracting cancer posed by exposure to
organic emissions from TSDF, the EPA used two measures of health risk:
Annual cancer incidence and maximum individual risk (MIR). The annual
cancer incidence parameter represents an estimate of population risk
and, as such, measures the aggregate risk to all people in the United
States estimated to be living within the vicinity of TSDF. The MIR
parameter represents the potential of air emissions from a particular
source to cause cancer in the most exposed hypothetical individual
under the assumptions used in the risk and exposure assessments.
Estimation of these health risk parameters requires the EPA to make
several critical assumptions regarding the TSDF plant configurations
and operating practices, the composition of wastes managed at these
TSDF, the cancer potency of the organics contained in these wastes, the
emission of these organics to the atmosphere from TSDF sources, and the
exposure of people living near TSDF to these air toxic emissions. The
complex interrelationship of the various assumptions prevents the EPA
from definitively characterizing the estimated health risk parameter
values as being overestimates or underestimates.
The EPA estimated annual cancer incidence for baseline and the five
control options using the EPA's Human Exposure Model (HEM), the site-
specific cancer risk factors, and TSDF industry profile data bases.
This risk value is based on the estimated number of excess cancers
occurring in the nationwide population after a lifetime exposure
(defined to be 70 years). For statistical convenience, the EPA divided
the aggregate risk by 70 and expressed the risk as cancer incidence per
year. The information provided in RCRA docket entry numbers F-92-CESA-
S00014 and S00015 describes the estimation methodology in more detail.
The EPA estimates baseline nationwide annual cancer incidence from
exposure to TSDF organic emissions to be 48 cases per year. The
estimated nationwide TSDF cancer incidences, assuming implementation of
the individual control options, are two cases per year for Option A,
two cases per year for Option B, four cases per year for Option C, five
cases per year for Option D, and nine cases per year for Option E.
The EPA uses the MIR parameter for relative comparisons of
pollutants, emission sources, and control alternatives. For the impact
analysis, the EPA estimated the MIR parameter assuming that exposure of
the individual to the ambient air toxic concentrations occurs for 24
hours per day for a lifetime of 70 years. The EPA realizes that this is
a conservative assumption since most people do not spend their entire
lives at one location. However, it is completely possible for an
individual to live in the same place for his or her entire life.
Furthermore, other uncertainties in the analysis could lead to
underestimating the risk. For example, the actual exposed
subpopulations (such as children or asthmatics) may be more sensitive
to the emitted air toxics than the reference adult male for which the
unit risk factor extrapolations are based. In addition, the analysis
does not address potential indirect exposure pathways to humans, or
potential harm to environmental receptors.
The MIR parameter reflects the added probability that a person
would contract cancer if exposed continuously over a 70-year period to
the highest annual average ambient concentration of the air toxics
emitted from a TSDF. Baseline MIR from exposure to TSDF organic
emissions is estimated to be 3 x 10\2\. The estimated MIR's, assuming
implementation of the individual control options, are: 4 x 10-3
for Option A, 4 x 10-3 for Option B, 2 x 10-2 for Option
C, 3 x 10-2 for Option D, and 3 x 10-2 for Option E.
These MIR values apply only to the very few TSDF, of the approximately
2,300 TSDF operating in the United States, that are estimated to have
the potential to cause the highest risk. The values do not represent
actuarially measured risks nor do they apply to all TSDF in the United
States. The EPA is not attempting to estimate any specific individual's
potential of developing cancer. Finally, the EPA is not interpreting
any of these estimates as indicators of the absolute risks of
contracting cancer. Rather, the purpose of this cancer risk assessment,
both for incidence and MIR, is to compare relative differences among
the individual control options (i.e., ``degree'' of human health
protection).
In addition to estimating organic emissions and cancer risk
parameters, the national impacts model provides an estimate of the
total nationwide capital costs and annual costs to the TSDF owners and
operators to install and operate the air emission controls specified by
each control option. For these nationwide cost estimates, the EPA
assumed that, at every TSDF location, treatment of all hazardous wastes
to remove or destroy the organics in the waste occurs as the last step
prior to disposal of the waste. In actuality, the EPA expects that, at
many TSDF, the owner or operator (after becoming aware of the air
standards) will elect to treat waste at an earlier step in the waste
management sequence. By treating organics in compliance with one of the
waste treatment alternatives provided in final rule, the owner or
operator could avoid the costs of installing and operating control
equipment on the downstream tanks, surface impoundments, and
containers.
Capital investment cost represents the cost to TSDF owners and
operators to purchase and install the air emission control equipment.
The estimated nationwide capital costs in 1986 dollars to implement the
control options are: $520 million for Option A, $290 million for Option
B, $240 million for Option C, $200 million for Option D, and $140
million for Option E. Annual cost represents the total cost to TSDF
owners and operators each year to pay for operating and maintaining the
air emission controls as well as to repay the capital investment for
the air emission controls. The capital recovery was estimated using an
interest rate of 10 percent applied over a period ranging from 10 to 20
years depending on the expected service life for each type of air
emission control equipment. The estimated nationwide annual costs to
implement the control options are: $190 million/yr for Option A, $110
million/yr for Option B, $90 million/yr for Option C, $80 million/yr
for Option D, and $60 million/yr for Option E.
C. Selection Rationale
From Options A through E, the EPA selected one control option to
serve as the basis for today's final rule. The EPA applied the same
decision rationale used at proposal for this rulemaking (56 FR 33515-
33516, July 22, 1991) as well as for RCRA air standards promulgated
under subparts AA and BB to 40 CFR parts 264 and 265 (refer to 55 FR
25470, June 21, 1990). This decision rationale requires the EPA to
select, whenever possible, the level of control that provides an
acceptable degree of protection of human health and the environment. If
no control option is available to achieve acceptable levels of
protection, the EPA's approach historically has considered cost under
RCRA only for equally protective control options.
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. The nationwide organic emission
reductions for the control options are estimated to be approximately
970,000 Mg/yr for Option A, 960,000 Mg/yr for Option B, 950,000 Mg/yr
for Option C, 950,000 Mg/yr for Option D, and 910,000 Mg/yr for Option
E.
Both Options A and B are estimated to achieve the lowest cancer MIR
and greatest reduction in annual cancer incidence of the five options.
However, none of the control options reduces MIR to the target cancer
risk levels used for other promulgated RCRA standards, which have been
in the range of 1 x 10-4 to 1 x 10-6. The estimated MIR is an
order-of-magnitude higher for Options C, D, and E (2 x 10-2 for
Option C, 3 x 10-2 for Options C and D) compared to Options A and
B (4 x 10-3). Annual cancer incidence reductions estimated for
Option C (44 cases per year), Option D (43 cases per year), and Option
E (39 cases per year) are lower than the annual cancer incidence
reductions estimated for Options A and B (46 cases per year).
On the basis of the estimated annual cancer incidence and MIR, the
EPA concluded that Options A and B are more protective of human health
than Options C, D, or E. Therefore, the EPA eliminated Options C, D,
and E from further consideration as the basis for the final rule.
Both Options A and B are estimated to achieve the same level of
cancer risk reduction (MIR to 4 x 103 and annual
cancer incidence to two cases per year). Therefore, the EPA concluded
that Options A and B are equally protective of human health and the
environment (to the extent ascertainable by this modelling
methodology). Historically under RCRA, the EPA has considered control
option costs only to select between options estimated to achieve
equivalent levels of protection. Therefore, to select between Options A
and B, the EPA compared the estimated costs to implement each of the
control options. Option B requires the use of air emission controls
only on those TSDF tanks, surface impoundments, and containers used to
manage hazardous wastes with a volatile organic concentration at the
point where the waste is generated equal to or greater than 100 ppmw.
Because TSDF owners and operators would need to install and operate air
emission controls on fewer TSDF tanks, surface impoundments, and
containers, Option B would be less expensive for the TSDF industry to
implement than Option A. Therefore, the EPA selected Option B as the
basis for the final rule.
While Option B does not achieve the target MIR levels historically
used for other promulgated RCRA rules, Option B does achieve
substantial reductions in cancer risk. The annual cancer incidence is
estimated to be reduced by greater than 95 percent from the baseline
value. Furthermore, the MIR for most of the 2,300 TSDF nationwide are
estimated to achieve the target MIR levels. To address the remaining
cancer risk at TSDF after implementation of the air standards
promulgated today, 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).
VI. Summary of Responses to Comments on Proposed Rule
All of the comments on the proposed rule and the EPA's response to
each of these comments is presented in ``Hazardous Waste Treatment,
Storage, and Disposal Facilities (TSDF)--Background Information for
Promulgated Organic Air Emission Standards for Tanks, Surface
Impoundments, and Containers'', EPA document number EPA-453/R-94-076b
(to obtain a copy of this document refer to the ADDRESSES section of
this preamble). The EPA's responses to topics addressed by many of the
commenters are summarized below.
A. Development of Air Standards Under RCRA
Comment: Many comments were received regarding the extent to which
the congressional directive of RCRA section 3004(n) should be
implemented using air standards established by the EPA under Clean Air
Act (CAA) authority. Commenters stated the position that protection of
human health and the environment from TSDF air emissions is most
appropriately, effectively, and efficiently addressed by developing air
standards under the CAA authority. Therefore, commenters believe that
the EPA should make the determination that the requirements of RCRA
section 3004(n) are best fulfilled by deferring to air standards
established under CAA authority. Commenters stated that the air
standards proposed by the EPA under authority of RCRA section 3004(n)
are:
(1) Not needed because existing CAA programs adequately address the
control of TSDF organic emissions;
(2) Duplicative or contradictory of new programs now being
implemented by the EPA to control hazardous air pollutants as directed
by section 112 of the CAA;
(3) Not in compliance with RCRA section 1006(b) regarding
duplication or contradiction of CAA requirements;
(4) Inconsistent with CAA programs that establish ozone precursor
control requirements depending on the national ambient air quality
standards attainment status of the region in which a source is located;
(5) Inconsistent with the EPA's pollution prevention policy;
(6) Contrary to the EPA's ``cluster concept'' of examining and
coordinating regulations addressing the same emission source to
minimize duplicative or contradictory requirements; and
(7) Difficult to administer and enforce because, traditionally, one
State regulatory agency administers rules regulating air emissions
while another administers rules regulating hazardous waste management.
Response: The Hazardous and Solid Waste Amendments to RCRA added
section 3004(n), which directs the EPA to ``* * * promulgate
regulations for the monitoring and control of air emissions from
hazardous waste treatment, storage, and disposal facilities, including
but not limited to open tanks, surface impoundments, and landfills, as
may be necessary to protect human health and the environment.'' The EPA
considers the most appropriate, effective, and efficient way to fulfill
this congressional mandate is to develop air standards for TSDF that
are implemented under the existing RCRA subtitle C permitting program
already in place for these facilities. However, the EPA disagrees with
one commenter's assertion that, in establishing these RCRA air
standards, the EPA cannot consider the impact of air standards
promulgated or currently being developed under other statutory
authorities such as the CAA. On the contrary, RCRA section 1006(b)
requires the EPA to coordinate its regulations under RCRA statutes and
to avoid duplication, to the maximum extent practicable, with
appropriate provisions of the CAA.
The EPA disagrees that the requirements of RCRA section 3004(n) are
best fulfilled by deferring to air standards established under CAA
authority. There is no indication that Congress intended for air
standards to be issued only within the authority granted to the EPA by
the CAA. If this was the case, then Congress would not have amended
RCRA section 3004(n) under HSWA after Congress had already authorized
the EPA to control air emissions under the CAA. Refer to S. Rep. No.
284, 98th Cong. 1st sess. 63. Thus, both RCRA and the CAA authorize the
EPA to control air emissions from TSDF.
Although historically many standards promulgated by the EPA under
authority of RCRA have addressed the prevention of soil and water
contamination from improper management of hazardous waste, the EPA is
not limited by RCRA to promulgating standards only for certain media
(e.g., surface waters, groundwater, and soils). Indeed, RCRA section
3004(n) specifically directs the EPA to issue regulations controlling
air emissions from TSDF as necessary to protect human health and the
environment.
The selection of TSDF air emission sources for control by
establishing air standards under RCRA section 3004(n) is based on
controlling those TSDF air emission sources determined by the EPA to
have significant toxic and ozone precursor emission potential but for
which emission control is not adequately addressed by other standards
promulgated by the EPA such as NESHAP and NSPS established under the
CAA. At proposal, the EPA concluded that additional air emission
control requirements for TSDF tanks, surface impoundments, and
containers are needed. This decision was based on the EPA's
determination that existing and future Federal standards under the CAA
and State air standards do not adequately address the control of TSDF
organic air emissions.
As previous described in section III.E of this preamble, CAA
section 112 has been amended by Congress since RCRA section 3004(n) was
enacted. Section 112 of the CAA as amended requires the EPA to identify
major sources and area sources of HAP emissions and to develop NESHAP
for these sources. To date for this air standards development program,
the EPA has either promulgated or proposed several NESHAP that may
apply to some hazardous waste management activities at TSDF. However,
in general, these NESHAP added requirements to address HAP emissions
from certain waste and material recovery operations that are not
subject to or exempted from regulation under the RCRA air standards in
40 CFR parts 264 and 265. Thus, the NESHAP and other air standards
being developed under CAA are not intended to duplicate the RCRA air
standards, but instead to integrate with the RCRA air standards to
create a comprehensive air program for addressing organic air emissions
from all waste and related material recovery operations.
For example, on-site wastewater treatment operations at synthetic
organic chemicals manufacturing industry (SOCMI) facilities are
regulated under the hazardous organic NESHAP (``the HON'') promulgated
on April 22, 1994 (see 59 FR 19402). At many of these facilities, the
hazardous wastewaters generated by process units and resulting
wastewater treatment sludges are managed in tank systems that are
exempted from RCRA permitting requirements under provisions in 40 CFR
264.1(g)(6) or 40 CFR 265.1(c)(10). Thus, the air emission control
requirements under the HON, in most cases, affect wastewater treatment
tanks not subject to the RCRA air standards.
A second example is the recently proposed NESHAP for off-site waste
and recovery operations (59 FR 51913, October 13, 1994). This NESHAP
would apply to owners and operators of facilities, with certain
exceptions, that manage wastes or recoverable materials which have been
generated off-site at another facility and contain specific organic
HAP. The rule would apply to operations managing solid wastes as
defined under RCRA (hazardous and nonhazardous wastes) as well as
operations handling recovered materials excluded from the RCRA
definition of solid waste (e.g., recycled materials containing organic
HAP, used oil reprocessed for sale as a fuel). As a result, certain
off-site waste and recovery operations with organic HAP emissions, but
exempted from regulation under the RCRA air standards, would be
required to use air emission controls under this NESHAP.
In contrast to the NESHAP now being developed under CAA section
112, the EPA has already achieved progress toward full implementation
of RCRA section 3004(n), which requires a ``cradle to grave'' approach
to hazardous waste management that addresses protection of air, water,
and groundwater. Air standards have been promulgated for TSDF treatment
process vents (subpart AA in 40 CFR parts 264 and 265) and for TSDF
process equipment leaks (subpart BB in 40 CFR parts 264 and 265) in
addition to the development of these air standards for TSDF tanks,
surface impoundments, and containers. There is no benefit to delaying
implementation of air standards for TSDF tanks, containers, and surface
impoundments to a future rulemaking under amended CAA section 112 when
the EPA can proceed now with the promulgation of effective air
standards under RCRA section 3004(n) for these air emission sources.
The RCRA air standards adopted today do comply with RCRA section
1006(b). This section requires that the air standards be consistent
with and not duplicative of CAA standards. Although RCRA section
1006(b) requires some accommodation with existing regulatory standards,
it ``does not permit the substantive standards of RCRA to be
compromised.'' Chemical Waste Management v. EPA, 976 F.2d at 23 (D.C.
Cir. 1992). It is obviously reasonable for the EPA to view the RCRA
section 3004(n) mandate as a standard which cannot (or at least need
not) be compromised. Similarly, the CAA Amendments of 1990 require that
air standards developed under the CAA be consistent with RCRA rules. To
conform with the dual RCRA and CAA requirements that standards be
consistent, the air standards developed under RCRA section 3004(n) do
not duplicate or contradict existing NESHAP or NSPS.
The EPA is fully aware that at many facilities where hazardous
wastes are managed, the RCRA air standards under 40 CFR part 264 and
265 as well as NESHAP and NSPS for specific source categories may be
applicable to a particular TSDF. Certain testing, monitoring,
inspection, recordkeeping, and other requirements under the RCRA air
standards may be similar to or duplicative of requirements under the
applicable NESHAP or NSPS. In many cases at a TSDF, individual waste
operations will be subject to either the air emission control
requirements under the RCRA air standards or the air emission control
requirements under the applicable NESHAP or NSPS. Thus, it is necessary
to include testing, monitoring, inspection, recordkeeping, and other
implementation requirements in each rule to assure compliance with and
enforcement of the rule. However, in certain situations, some
individual waste operations at a TSDF could be subject to air emission
control requirements under both the RCRA air standards as well as a
NESHAP or NSPS. In such cases, the EPA believes it is unnecessary for
owners and operators of these waste management units to conduct
duplicative waste testing, keep duplicate sets of records, or perform
other duplicative actions to demonstrate compliance with both sets of
rules. Therefore, to be consistent with RCRA section 1006(b) to the
maximum extent practicable, the EPA is coordinating the testing,
recordkeeping, reporting, and other implementation activities required
under the RCRA air standards and related rules developed under the CAA.
The EPA has requested public comment in a related proposed NESHAP
rulemkaing (the off-site waste and recovery operations NESHAP, see 59
FR 51919, October 13, 1994) on how the applicable requirements included
in the RCRA air standards should be incorporated into CAA rules being
developed by the EPA for waste and recovery operations that will allow
owners and operators subject to both sets of rules to demonstrate
compliance with all applicable rules without having to repeat the
duplicative requirements.
Nevertheless, RCRA section 1006(b) cannot be used to ignore key
elements of RCRA; see Chemical Waste Management v. EPA, 976 F.2d at 23.
In this case, Congress has indicated that TSDF air emissions need to be
controlled on the RCRA timetable, not that of the CAA. Deferring
totally to the CAA would vitiate this key RCRA requirement. [See also
RCRA section 3004(q) and CAA section 112(n)(7) in which Congress
indicated that pendency of CAA air standards for RCRA units does not
vitiate RCRA requirements.]
The EPA's approach to developing air standards for TSDF under RCRA
is consistent with CAA programs to achieve attainment and to maintain
national ambient air quality standards (NAAQS). The NAAQS specify
limits to pollutant concentrations in the ambient air to protect public
health and welfare. A NAAQS has been established for ozone. Ambient
ozone concentrations in many metropolitan regions of the United States
exceed the NAAQS. Organic emissions from TSDF as well as other sources
react photochemically with other chemical compounds in the atmosphere
to form ozone. The CAA requires that States develop and the EPA approve
air emission control plans called ``State implementation plans''
(SIP's). For those regions within a State that are in nonattainment
with the NAAQS for ozone, the SIP specifies the standards and other
control measures to be implemented by the State to attain the NAAQS.
However, the CAA requires the EPA not only to implement programs to
attain the NAAQS in nonattainment areas but also to maintain, and
prevent significant deterioration of, the air quality in those areas of
the Nation currently in attainment with the NAAQS. Consequently, in
addition to the CAA control programs to address specific regional NAAQS
attainment problems, the EPA also develops under the CAA authority
minimum national emission standards applicable to stationary sources
independent of whether the source is located in a NAAQS attainment or
nonattainment area. The EPA considers the subpart CC standards to be
reasonable national standards needed to control emissions of air toxics
as well as to attain and maintain NAAQS for ozone.
The subpart CC standards are consistent with the EPA's pollution
prevention policy. Pollution prevention involves reducing the quantity
of pollution produced for a given quantity of product prior to
recycling, treatment, or control of emissions. Activities defined as
source reduction measures in the Pollution Prevention Act include
technology modifications, process and procedure modifications,
reformulation or redesign of products, and substitution of raw
materials. A decrease in production alone does not qualify as pollution
prevention. Under the subpart CC standards, a TSDF owner or operator is
not required to manage a hazardous waste in a tank, surface
impoundment, or container using the specified air emission controls in
cases when the owner or operator determines that the organic content of
all hazardous waste placed in the unit meets certain conditions
specified in the rule. Thus, the subpart CC standards encourage
pollution prevention by providing an incentive to generators to
initiate source reduction measures that will reduce the concentration
of organics in a hazardous waste.
The development of TSDF air standards under RCRA is not contrary to
the EPA's ``cluster'' approach of examining and coordinating
regulations addressing the same emission source to minimize duplicative
or contradictory requirements. The different EPA Offices responsible
for implementing RCRA and CAA requirements are coordinating the
development of this rulemaking to ensure that subpart CC standards are
compatible with other rules and programs applicable to TSDF owners and
operators.
The air emission control requirements for tanks under the subpart
CC standards incorporate provisions of NSPS that were promulgated under
the authority of the CAA and apply to storage tanks constructed or
modified after July 23, 1984, that contain volatile organic liquids (40
CFR part 60, subpart Kb). Therefore, air emission controls already in
use on a TSDF tank in compliance with 40 CFR part 60, subpart Kb will
comply with air emission control requirements of the subpart CC
standards. Also, the subpart CC standards for closed-vent systems and
control devices cross reference the requirements for closed-vent
systems and control devices promulgated under subpart AA in 40 CFR
parts 264 and 265. The subpart AA requirements are consistent with the
requirements for closed-vent systems and control devices under several
CAA air standards.
The implementation of air standards under RCRA does not create
difficulties in administration and enforcement of the rules by State
regulatory agencies. Although many existing RCRA standards focus on
preventing the contamination of soil and water, other existing RCRA
regulations regulate air emissions from some TSDF sources (e.g.,
combustion of hazardous waste is regulated under 40 CFR part 264,
subpart O for hazardous waste incinerators and under 40 CFR part 266
subpart H for boilers and industrial furnaces). Air emissions are also
sometimes addressed through the EPA's omnibus permitting authority
under RCRA section 3005(c)(3). States authorized by the EPA administer
and enforce the requirements of RCRA rules in lieu of the EPA
administering the rules in that State. The EPA is aware that, in many
States, one State agency administers air standards while another State
agency administers rules regulating the management of hazardous waste
in the State. Similarly, it is common for yet another State agency to
administer water quality rules. The experience of authorized States
administrating existing RCRA rules shows that responsibility for
administrating these rules can be delegated to a separate State agency
without impeding the administration and enforcement of non-RCRA air and
water rules by other State agencies.
B. Revised Impacts Analysis
Comment: The commenter on the Notice of Data Availability (NDA) (57
FR 43171, September 18, 1992) supports the EPA's use of the updated
waste data base for the national impacts analysis and the EPA's changes
to the emission models for biological treatment processes. In addition,
the commenter agrees with the EPA's conclusion that many surface
impoundments reported in the waste data base to be managing waste at
TSDF have been or are being replaced with tanks to comply with the RCRA
land disposal restriction and other regulations. However, the commenter
believes that the EPA's assumption that 75 percent of the total waste
quantity reported in the waste data base to be managed in surface
impoundments is now managed in tanks is too low. The commenter agrees
with the EPA's revised approach in the impact analysis of using site-
specific cancer risk factors to estimate cancer risk due to exposure to
TSDF emissions. However, the commenter states that some of the specific
assumptions made by the EPA for the risk analysis are implausible
(e.g., assuming exposure of the individual for 70 years) and the
analysis should be conducted in accordance with the EPA's own Exposure
Assessment Guidelines. Finally, the commenter does not believe that any
MIR estimate is necessary to assess the need for and effectiveness of
the rule.
Response: For the national impacts analysis, the EPA believes that
75 percent is a reasonable assumption for the amount of waste that is
converted from surface impoundment to tank management. As discussed
further in the BID for the final rule, the EPA selected the 75 percent
value based on information obtained by the EPA from a telephone survey
of owners and operators of large TSDF and from TSDF site visits as well
as information provided to the EPA by several TSDF owners and operators
in comments on the proposed rule. The EPA did not find nor receive any
additional information from the commenter that justifies increasing the
percentage of waste converted from surface impoundment to tank
management.
The cancer risk impact analysis for this rulemaking was conducted
in accordance with the EPA's Exposure Assessment Guidelines. With
regard to the 70 year lifetime assumption used in the impact analysis,
the EPA believes 70 years to be conservative, but plausible. The EPA
did however conduct a second risk assessment assuming a 33 year
exposure scenario (95 percentile). Using this assumption reduced risk
estimates by one-half, but did not change the decision to control these
facilities, nor the choice of control options. Furthermore, the risk
assessment conducted here was for the purpose of determining relative
differences in risk estimates between the control options. For this
application, the exposure scenario would not matter; the results, i.e.,
the relative differences in risk estimates, would not change.
The EPA holds that the assumptions used to determine the MIR are,
as with the 70 year exposure scenario, conservative, but plausible, and
result in a reasonable overall estimate of risk. In addition, while the
EPA acknowledges the uncertainties associated with the MIR, such
uncertainties cancel out when the risk assessment is used to discern
relative risk, as in this case. Thus the EPA believes that the use of
the MIR is an appropriate tool to apply in the impact analysis for this
rulemaking to both estimate risk and to discern differences between
risk estimates associated with the various control options.
C. Container Air Standards
Comment: Many commenters disagree with the EPA's decision to
require air emission controls for containers under the subpart CC
standards. One group of commenters argues that the organic emission
potential from TSDF containers does not warrant the application of
additional controls beyond those already required by existing RCRA
standards. A second group of commenters contends that TSDF containers
should not be subject to this rulemaking because the EPA analysis does
not show organic emissions from TSDF containers to be a significant
emission source warranting controls.
Response: The EPA maintains that the management of organic-
containing wastes in containers at TSDF is a potentially significant
source of organic emissions that is not adequately regulated by
existing regulations. Control requirements for containers under the
subpart CC standards are needed to:
(1) Ensure that containers used for storage of organic-containing
waste use covers effective for organic emission control;
(2) Control organic emissions from treatment of organic-containing
wastes in containers by waste stabilization and other processes; and
(3) Prevent circumvention of the containment and control strategy
that serves as a key component of the integrated approach to
implementing RCRA section 3004(n).
The EPA disagrees with the commenters' conclusion that existing
regulations are sufficient to control organic emissions from containers
used to manage hazardous waste at TSDF. Existing RCRA regulations under
40 CFR 264.173 require containers used to store hazardous waste at TSDF
to be closed except when necessary to add or remove waste. This
requirement for closed containers during storage does not specify
organic air emission controls for these covers. Furthermore, no RCRA
requirements exist that address organic emissions associated with other
container operations such as hazardous waste transfer or treatment in
open containers.
The EPA also disagrees with the commenters' conclusion that
managing hazardous wastes in containers is not a significant potential
source of organic air emissions. The baseline analysis to estimate
nationwide TSDF organic emissions by waste management category is not
the only factor that the EPA considered in assessing the organic
emission potential of containers. The revised nationwide baseline
emissions from storage of hazardous waste in TSDF containers is
estimated to be approximately 5,000 Mg/yr. However, this emission
estimate for containers does not include organic emissions from
hazardous waste treatment in containers. As described in the BID for
the final rule, the EPA estimates the total organic emissions from
waste fixation operations performed in containers to be approximately
11,000 Mg/yr. Information obtained by the EPA representatives during
site visits to TSDF conducting waste fixation operations indicates that
use of containers for waste fixation continues to be a common industry
practice. Thus, treatment of hazardous waste in containers is a large
potential source of organic emissions that is not regulated by the
existing RCRA regulations.
The air emission control requirements for the subpart CC standards
are based on applying a containment and control strategy to TSDF tanks,
surface impoundments, and containers from generation of the waste
through treatment of the waste to remove or destroy the organics in the
waste. Requiring control of only TSDF tanks and surface impoundments
but not containers creates a significant potential organic emission
source if large quantities of hazardous waste currently stored or
treated in tanks required to use air emission controls under subpart CC
standards are transferred to containers not using air emission
controls. This would allow organics in the hazardous waste managed in
uncontrolled containers to escape to the atmosphere prior to treatment
and, thus, reduce the effectiveness of the containment and control
approach.
D. Generator 90-Day Tanks and Containers
Comment: Many commenters disagree with the EPA's decision to apply
the proposed air standards to 90-day tanks and containers for the
following reasons:
(1) The EPA is not authorized under RCRA section 3004(n), or under
other provision, to extend the air standards to 90-day tanks and
containers;
(2) The proposed rule failed to cite authority to extend the
requirements to 90-day tanks and containers, in violation of section
553(b)(2) of the Administrative Procedures Act;
(3) If the EPA imposes air emission controls on generators, this
must be accomplished pursuant to the pre-HSWA authorization process and
thus should not become effective in authorized States until enacted and
implemented as State law; and
(4) Application of air emission control requirements to 90-day
tanks and containers impermissibly interferes with manufacturing
processes.
Response: The EPA disagrees with each of these comments. The
provisions of 40 CFR 262.34 (promulgated under the authority of RCRA
section 2002, 3001-3005, and 3007) allow generators to accumulate
hazardous waste in tanks and containers for specified time periods
without obtaining RCRA permits, provided the generator meets certain
conditions. Amending these conditions is a valid exercise of the EPA's
authority under RCRA section 3004(n).
The intent of including the provisions of 40 CFR 262.34 in the RCRA
requirements for hazardous waste generators is to obtain a reasonable
balance between the Congress's desire not to interfere with the
generator's manufacturing or production processes with the need to
provide adequate protection of human health and the environment (45 FR
12730, February 26, 1980). Thus, 40 CFR 262.34 does not provide a
hazardous waste generator with a complete exemption from all RCRA
requirements. On the contrary, it incorporates most of the relevant
tank and container requirements under 40 CFR part 265 and requires
compliance with these standards as a condition for maintaining RCRA
permit-exempt status [refer to 40 CFR 262.34(a)(1)]. The intent of
these provisions is not to exclude 90-day tanks and containers from
future technical TSDF requirements. Therefore, it is wholly appropriate
for the EPA to update the technical requirements for tanks and
containers that serve as the basis for the RCRA permit exemption. The
EPA has already done so, for example, when tank standards were amended
in 1986.
Although 90-day tanks and containers are not required to be
permitted under RCRA subtitle C, the EPA rejects the commenters' narrow
reading of RCRA section 3004(n) as limiting the EPA's authority to
extend the requirements to these units. Section 3004(n) of RCRA
requires the EPA to promulgate standards for the control of air
emissions from ``hazardous waste treatment, storage, and disposal
facilities.'' The EPA does not agree that RCRA section 3004(n) reflects
a congressional intend that the EPA regulate air emissions only from
permitted and interim-status TSDF and not from 90-day tanks and
containers. These tanks and containers are physically identical (i.e.,
the same types of tanks and containers are used by generators to
accumulate and by TSDF owners and operators to store and treat waste).
There is no environmental basis for not considering them subject to the
section 3004(n) mandate. Such units are, in fact, storing or treating
hazardous waste and are subject to numerous standards promulgated under
the authority of both RCRA sections 3002 and 3004. The exemption of 90-
day tanks and containers from the permitting requirements of RCRA
subtitle C is regulatory, not statutory; there is no directive in the
RCRA legislation that precludes the EPA from imposing any or all of the
TSDF requirements on them. The use of the term ``facility'' in RCRA
section 3004(n) can certainly be read to encompass 90-day tanks and
containers, given the EPA's flexibility to construe that term (see
United Technologies v. EPA, 821 F.2d at 814 (D.C. Cir. 1988) and the
fact that 90-day tanks and containers are already subject to the
substantive standards for tanks and containers and pose precisely the
same potential environmental risks as other tanks and containers
holding hazardous waste. In addition, the EPA sees to reason that
Congress intended 90-day tanks and containers to be subject to air
emission controls at a different time than other tanks and containers
(which would be the case if the 90-day units are not regulated pursuant
to a HSWA provision).
Therefore, it is proper for the EPA to use its authority under RCRA
section 3004(n) to amend 40 CFR 262.34(a) by adding air emission
control requirements to the conditions required for a 90-day tank or
container to be exempted from the RCRA permitting requirements. For
these reasons, the EPA rejects the commenters' arguments that the
Agency is not authorized or failed to cite authority to use this
rulemaking to amend the exemption requirements for 90-day tanks and
containers. In addition, the EPA rejects the argument that the
exemption requirements are under the EPA's pre-HSWA authority and,
therefore, are not applicable in authorized States until the individual
States are authorized to implement the rule (See 51 FR 25464, July 14,
1986, where the EPA indicated that the modifications to 40 CFR 262.34,
to reflect amended tank standards, were HSWA rules).
As a variation of the argument that 90-day tanks and containers
should not be regulated, one commenter asserts that RCRA section
3004(n) reflects a congressional intent that the EPA regulate air
emissions only from permitted and interim-status TSDF and not from 90-
day tanks and containers. The commenter apparently argues that the
explicit inclusion of such authority under RCRA section 3004(n) and not
under RCRA section 3002 implies a congressional finding that waste
accumulation does not significantly contribute to air pollution. The
EPA finds no indication, in the legislative history of RCRA, or
elsewhere, that Congress ever made such a finding, and the EPA's
conclusion, as discussed later in this section, is that on-site
accumulation of hazardous waste in 90-day units is a significant source
of organic air emissions. Again, the EPA finds no indication that
Congress intended to preclude the EPA from regulating air emissions
from nonpermitted hazardous waste storage and treatment under RCRA
section 3004(n).
In addition to RCRA section 3004(n), the EPA has authority under
RCRA section 3002 to amend 40 FR 262.34(a). One commenter states that,
although RCRA section 3002(a)(3) authorizes the EPA to require the use
of appropriate containers, RCRA section 3002 provides no authority to
regulate air emissions. The EPA disagrees with this statement. The RCRA
section 3002(a)(3) authority, as well as the general authority under
RCRA section 3002 to promulgate such rules regulating generators ``as
may be necessary to protect human health and the environment,'' is
broad enough to encompass the regulation of air emissions from units
storing or treating hazardous waste at generator facilities.
Finally, the EPA cited both RCRA sections 3002 and 3004 as the
statutory authority for the proposed rule. Therefore, this rulemaking
is in full conformance with section 553(b)(2) of the Administrative
Procedures Act.
The EPA also rejects the argument that the application of air
emission controls to 90-day tanks and containers impermissibly
interferes with manufacturing processes. The EPA concluded in 1980, as
cited above, that the appropriate balance between protection of the
environment and noninterference with manufacturing processes was
achieved by requiring 90-day tanks and containers to comply with
certain technical requirements as a condition of being exempt from the
requirement to have a RCRA permit. The EPA estimates that nationwide
baseline organic emissions from 90-day tanks and containers are
approximately 76,000 Mg/yr. Given the significant organic emissions
from 90-day tanks and containers, the same rationale has led the EPA to
require that these units comply with the appropriate air emission
control requirements of the subparts AA, BB, and CC standards to
maintain an exemption from RCRA permitting. In contrast, the EPA
decided not to extend under this rulemaking the requirements of these
air standards to containers used for satellite accumulation because of
the widespread use of these containers by manufacturing process
operators to collect small quantities of hazardous waste as generated,
and the integrated use of these containers with the manufacturing
operations (discussed further in section 7.2 of the BID for today's
rule). The EPA believes that this regulatory framework maintains the
appropriate balance between environmental protection and
noninterference with manufacturing processes.
E. Implementation of RCRA Air Standards
Comment: A total of 24 commenters addressed the EPA's proposed
action of modifying the ``permit-as-a-shield'' practice to require that
owners and operators of TSDF that have been issued final permits prior
to the effective date of this rulemaking comply with the air standards
under 40 CFR 265 subparts AA, BB, and CC until the facility's permit is
reviewed or reissued by the EPA. Four of the commenters support the
EPA's proposed modification. The other 20 commenters oppose the
proposed modification and maintain that ``permit-as-a-shield'' practice
should remain unchanged because any action by the EPA to remove this
practice:
(1) Is without the legal authority and that to do so would be
contrary to congressional intent;
(2) Violates the due process rights of permittees, which are
normally protected through the permit process;
(3) Negates the purpose and importance of the RCRA permit because
the ``permit-as-a-shield'' practice serves to unify all the regulatory
requirements in the permit for a TSDF;
(4) Is contrary to previously stated policy whereby the EPA binds
itself to the principle of using ``permit-as-a-shield'' (45 FR 33290,
May 19, 1980); and
(5) Is disruptive to TSDF owner and operator planning, burdensome
to comply with, and has an adverse effect on the availability and cost
of control equipment.
Response: The practice known as ``permit-as-a-shield'' is derived
from an exercise of the EPA's regulatory authority and was first
codified in the 1980 implementing regulations of the RCRA permit
program (45 FR 33290, May 19, 1980). It is not a provision of RCRA and
is therefore no part of the statutory mandate by Congress to manage the
Nation's hazardous wastes. Shell Oil v. EPA, 950 F.2d at 741, 762 (D.C.
Cir. 1991). Because it is a regulatory and not a statutory provision,
the EPA can modify the ``permit-as-a-shield'' practice in any situation
where the Agency determines that the practice does not serve the EPA's
mandate to protect human health and the environment. For the final
subpart CC standards, the EPA estimates that baseline nationwide excess
cancer incidence resulting from exposure to TSDF organic emissions is
48 cases per year. In addition, total nationwide organic emissions from
TSDF are estimated to be approximately 1 million Mg/yr and, thus,
contribute significantly to the formation of atmospheric ozone. These
health and environmental impacts are very high relative to the impacts
of emissions from other sources regulated under RCRA and the CAA.
Accordingly, the EPA has determined that the health and environmental
impacts resulting from organic air emissions from TSDF are of a
magnitude to warrant narrowly rescinding the ``permit-as-a-shield''
practice for this limited case.
The ``permit-as-a-shield'' practice is not a consequence of
Constitutional or statutory obligations of the EPA to any individual
and its removal does not violate any substantive or procedural due
process rights of individuals. The ``permit-as-a-shield'' practice was
established by regulations promulgated by the EPA and therefore can be
modified when the EPA determines it is necessary to do so for the
protection of human health and the environment. Numerous government
regulations have a direct effect on regulated entities, and the EPA's
``permit-as-a-shield'' practice does not vest the regulated community
with a right to a variance from all new RCRA regulations. Furthermore,
the proposal put the public on notice that the EPA was planning to
modify the ``permit-as-a-shield'' practice in this rule, and the public
has therefore had an opportunity for meaningful comment on the issue.
The EPA continues to believe that the permit process and
requirements are fundamental components of the RCRA program and that,
by and large, compliance with the permits should constitute compliance
with the RCRA program. For the other rulemakings for which the EPA
rescinded the ``permit-as-a-shield'' practice, the EPA determined that
the risk to human health and the environment was too high to allow the
practice to continue (for remaining permit periods), and required that
all TSDF comply with the new requirements regardless of their permit
status. The EPA has determined that allowing owners and operators of
permitted TSDF to be shielded from compliance with the regulatory
requirements of subparts AA, BB, and CC standards will allow
excessively high risks. Today's action by the EPA does not negate the
value of the RCRA permit program or the ``permit-as-a-shield''
practice. Instead, the EPA is making a distinction between a provision
that is sufficiently protective in most cases and one that, under
specific situations, is not sufficiently protective.
The EPA disagrees with the commenters' claims that the permit
modification process can adequately accommodate the timely
implementation of the subpart CC standards. For the EPA to apply the
subpart CC standards into permits by way of modifications would require
a significant and unreasonable resource commitment. Furthermore, the
fact that existing permits can be modified to incorporate new
regulatory requirements [per 40 CFR 270.41(a)(3), which implements RCRA
section 3005(c)(3)] shows that ``permit-as-a-shield'' is hardly an
inviolate principle. The ruelmaking simply accomplishes nationally what
a modification would accomplish individually. Accordingly, the EPA
developed the subpart AA, BB, and CC standards to be ``self-
implementing'' so that State and Regional permit writers will not be
required to reopen and rewrite permits to incorporate the provisions.
Permitted facilities will be able to comply directly with the
regulatory standards in the same way that interim-status facilities
must comply. Modifying ``permit-as-a shield'' for these rules
eliminates any confusion or ambiguity as to which TSDF is subject to
the requirements.
As noted by the commenters, the EPA stated a policy for ``permit-
as-a-shield'' in the so-called consolidated permit regulations issued
in 1980 (45 FR 33290). However, this does not mean that the policy for
``permit-as-a-shield'' can never be amended. The EPA has never agreed
to ``bind'' itself to any particular policy or provision. Instead, the
EPA may adhere to a general practice or policy with the understanding
that, if the circumstances warrant and the EPA provides a rational
explanation, it can modify or rescind a particular provision. It should
be noted, for example, that Congress has since amended RCRA to require
that air emissions from TSDF be controlled, and in the same amendments
provide that the EPA may reopen permits to add conditions reflecting
new control practices and to redress potential risks posed by the
facility (RCRA section 3005(c)(3) and S. Rep. No. 284, 98th Cong. 1st
Sess. at 31). Here, the EPA is determining that there are excessively
high risks from these facilities, and therefore that these more
protective provisions should become effective immediately.
It should also be noted that the EPA does not intend to rescind
``permit-as-a-shield'' on a regular or frequent basis for other
rulemakings. As stated earlier, the EPA generally does view ``permit-
as-a-shield'' as a beneficial and legitimate part of the RCRA program
and that, in most cases, it will apply.
The EPA believes that the commenters claiming that removing
``permit-as-a-shield'' will be disruptive to TSDF implementation
planning are greatly overstating the adverse or disruptive effects that
an accelerated implementation will have on TSDF owner and operator
planning and operations because the control technologies for the
different kinds of management units are varied and widely available.
The EPA specifically considered the costs and economic impacts of the
various control options in the regulatory impact analysis for the
proposed rule (RCRA docket entry number F-91-CESP-S00494). Based on
this analysis, the EPA found that the costs of installing and operating
air emission control equipment required by the control options are
projected to be less than 1 percent of the total cost of hazardous
waste management at TSDF. Any air emission control equipment supply
availability constraints resulting from these rules should be short
term, if at all. Furthermore, TSDF owners and operators required to
install air emission control equipment to comply with the subpart CC
standards are allowed up to an additional 30 months after the rule's
effective date to complete the equipment design and installation if
they can document that the air emission controls cannot be installed
and operating by the effective date, for reasons such as the
unavailability of control equipment.
Also, the EPA expects that many TSDF owners and operators will
choose to treat their hazardous waste earlier in the management
sequence that they now do to reduce the organic content of the waste in
accordance with one of the treatment requirements allowed for in the
final subpart CC standards, and thus avoid the cost of installing and
operating the control equipment on the downstream tanks, surface
impoundments, and containers. The EPA also encourages the use of
pollution prevention techniques as a means of reducing the quantity of
waste generated, the organic concentration of the waste, or the
toxicity of constituents in the waste.
F. Waste Stabilization in Tanks
Just prior to the long-scheduled and publicly-known promulgation
date, representatives from the hazardous waste treatment industry
notified the EPA of their opinion that the draft requirements for waste
stabilization operations performed in tanks are economically and
technically infeasible. These draft requirements are included in a May
19, 1994 interim review draft of the final rule, made publicly
available in June 1994. (See RCRA docket entry number F-94-CESP-
S00509.) Moreover, the industry indicated that volatilization of
organic constituents during stabilization operations are negligible. No
data were submitted to the EPA in support of these assertions. Industry
representatives nevertheless feel strongly that for the majority of
waste streams treated by stabilization, the organic constituents in the
waste are not volatilized during the stabilization process.
Additionally, they allege that for these same stabilization operations:
(1) It is technically infeasible to comply with the air emission
control requirements for tanks in the subpart CC standards; and
(2) It is not feasible to treat organic waste prior to
stabilization such that the volatile organic concentration of the waste
entering the stabilization process would be below 100 ppmw, and the
downstream units managing the waste (including the stabilization tanks)
would thereby be exempt from subpart CC tank control requirements. (See
RCRA docket number F-94-CESF-FFFFF.)
These statements contradict the conclusions drawn by the EPA based
on site visits to observe hazardous waste stabilization processes, and
experiments and studies conducted by the EPA to characterize waste
stabilization processes and estimate associated organic emissions. The
most recent EPA studies were mentioned in the Notice of Data
Availability (see 57 FR 43171, September 18, 1992) and were made
available for public review and comment in the docket for this
rulemaking (see RCRA docket number F-92-CESA-FFFFF). No comments were
received concerning the validity of these stabilization study
conclusions.
At the same time, however, and despite the inappropriate timing of
industry's comments on this issue (compounded by the industry's failure
to comment on the information presented by the Notice of Data
Availability), the EPA has determined that it may be worthwhile to
review pertinent data for current waste stabilization activities at
hazardous waste TSDF. Industry has pledged to provide detailed data
from an emissions test conducted to measure organic emissions from a
full-scale stabilization operation treating hazardous waste streams.
The test will be conducted using the EPA approved sampling and
analytical methods, and the volatile organic concentration of the waste
streams will be measured using Method 25D, with gas chromatography and
with mass spectrometry (see RCRA docket number F-94-CESF-FFFFF). The
EPA will accept until September 6, 1995 all pertinent information and
comments on the following limited issues: (1) Volatilization of
organics during waste stabilization activities, (2) feasibility of
treating organic wastes to destroy or remove organics prior to
stabilization to immobilize toxic metals, and (3) alternative organic
emission controls applicable to stabilization tanks. Persons interested
in submitting comments or data pertaining to these issues should notify
the EPA of their intent by contacting Ms. Michele Aston at the address
listed in the FOR FURTHER INFORMATION CONTACT section at the beginning
of this preamble. Written information and comments regarding the above
issues should be mailed to the RCRA Docket Office (5305), U.S.
Environmental Protection Agency, room 2616, 401 M Street SW.,
Washington, DC 20460. Please send an original and two copies of all
information, and refer to RCRA docket number F-94-CESA-FFFFF.
The EPA will assess all submitted information, and will make a
rapid determination whether to amend the requirements under the subpart
CC standards being promulgated today for tanks in which waste
stabilization operations are performed. The EPA emphasizes that the
current record does not support any amendment to these standards.
However, if the EPA were to amend the requirements for stabilization
tanks, the amendment could include any of the provisions described
below, a modification of today's promulgated requirements, or possibly
other options.
The EPA may choose to amend the final subpart CC tank standards
such that stabilization tanks could comply with alternative air
emission controls to those included in today's promulgation. The EPA
will determine the appropriateness of such an amendment based on the
evaluation of:
(1) Information that is submitted relating to industry's comments
that it is not feasible to comply with the technical requirements of
today's final rule or to pretreat waste prior to stabilization;
(2) Information related to alternative emission controls that could
be applied to stabilization tanks for effective organic emission
reduction;
(3) Data related to the specific characteristics of hazardous waste
that is stabilized at TSDF;
(4) Detailed information regarding the stabilization processes
performed in TSDF tanks; and
(5) Other related information.
For a given stabilization tank to qualify for certain compliance
options, the EPA could require the facility owner or operator to
demonstrate (through specified testing, monitoring, sampling, or other
means) that organic constituents are not volatilized during the
hazardous waste stabilization operations performed in that tank. A
similar requirement for biological treatment performed in tanks and
surface impoundments is included in the final subpart CC standards (for
example see 40 CFR 264.1085(a)(2)) as well as other air standards
developed by the EPA under the Clean Air Act (e.g., the Hazardous
Organic NESHAP (59 FR 19402, April 22, 1994) and the proposed Off-Site
Waste and Recovery Operations NESHAP (59 FR 51919, October 13, 1994)).
For biological treatment processes, which are generally acknowledged by
the EPA as appropriate treatment for organic constituents in waste with
respect to controlling organic emissions, the EPA considers such a
demonstration to be a reasonable requirement for certain compliance
options. Therefore, the EPA also could consider it reasonable to
require that stabilization operations, which the EPA does not consider
appropriate treatment for organic constituents in waste with respect to
controlling organic emissions, perform at least an equivalent
demonstration for certain compliance options. If the EPA were to amend
today's promulgated subpart CC tank standards to include such a
demonstration, the required procedure could include any of the
following, or possibly other procedures: whole waste analyses, full-
scale analyses, specified emissions monitoring, material balance
calculations, temperature monitoring, and water content information.
In light of this supplemental comment opportunity, the EPA
considers it appropriate to extend the effective date of the final
rules for tanks that could be affected if the EPA chooses to modify the
standards. Therefore, a separate compliance schedule is applicable to
tanks in which waste stabilization activities are performed as of
December 6, 1994. It is important to note that all applicable
requirements with respect to other units at a facility subject to the
subpart CC standards will be effective June 5, 1995. For these
stabilization tanks, the effective date of the final rules will be
December 6, 1995. As of the extended effective date for stabilization
tanks, each TSDF owner or operator and each hazardous waste generator
subject to the final rules must either install and operate the
specified air emission control requirements on all affected tanks used
for stabilization, or begin performing the specified waste
determinations and recordkeeping to indicate that a stabilization tank
is exempted from these requirements. Under circumstances where required
air emission control equipment cannot be operational by December 6,
1995, an implementation schedule for installation of the required air
emission controls must be developed and placed in the facility
operating records no later than December 6, 1995. In such cases, the
facility must have all air emission controls required by the final
rules in operation no later than June 8, 1998.
VII. Requirements of Final Rule
A. TSDF Tank, Surface Impoundment, and Container Requirements
Today's action by the EPA promulgates air emission standards for
TSDF tanks, surface impoundments, and containers as a new subpart CC in
both 40 CFR parts 264 and 265. Subpart CC under 40 CFR part 265
establishes standards for owners and operators of interim-status TSDF.
As discussed in section VIII.A of this preamble, owners and operators
of permitted TSDF that have been issued final permits prior to June 5,
1995, are required to comply with subpart CC under 40 CFR part 265
until the facility's permit is reviewed or reissued by the EPA.
The air emission control requirements of the final subpart CC
standards in 40 CFR part 264 and 40 CFR part 265 are identical with the
exception of the reporting requirements. There are no reporting
requirements in subpart CC under 40 CFR part 265.
1. Applicability
a. General applicability. In general, the subpart CC standards
apply to RCRA-permitted tanks, surface impoundments, and containers
subject to 40 CFR part 264, subparts J, K, or I, respectively, as well
as to interim-status TSDF tanks, surface impoundments, and containers
subject to 40 CFR part 265, subparts J, K, or I, respectively. However,
certain specific types of TSDF tanks, surface impoundments, and
containers are not subject to the subpart CC standards under
applicability provisions in other RCRA regulations as well as
provisions included specifically in the subpart CC standards.
The subpart CC standards do not apply to those TSDF tanks, surface
impoundments, or containers excluded from regulation under 40 CFR
264.1. For example, TSDF owners and operators are not required to
obtain a RCRA permit for tanks or tank systems that manage hazardous
wastewaters or wastewater treatment sludges and are subject to
regulation under either section 402 or 307(b) of the Clean Water Act
[refer to 40 CFR 264.1(g)(6) and 40 CFR 265.1(c)(10)]. Because these
tanks are exempted from RCRA permitting requirements, they are not
subject to the requirements of 40 CFR parts 264 and 265. Thus, the
subpart CC standards do not apply to a TSDF tank that is considered to
be a part of a ``wastewater treatment unit'' as defined in 40 CFR
260.10. Similarly, the subpart CC standards do not apply to TSDF tanks,
surface impoundments, or containers when these units are used for
emergency or spill management activities in accordance with 40 CFR
264.1(g)(8)(i) or 40 CFR 265.1(c)(11)(i).
b. Exemptions. The subpart CC standards are only applicable to
containers with a design capacity greater than or equal to 0.1 m\3\
(approximately 26 gallons). This means that any container that has a
design capacity less than 0.1 m\3\ is not subject to the subpart CC
standards regardless of the volatile organic concentration of the
hazardous waste placed in the container.
The subpart CC standards apply only to TSDF tanks, surface
impoundments, and containers in which an owner or operator places
hazardous waste on or after June 5, 1995. With respect to surface
impoundments, the EPA has already explained that RCRA regulations do
not apply to impoundments at which there is no active management of
hazardous waste after the rule's effective date (see 55 FR 39410,
September 27, 1990). This would include impoundments that cease
operation before the rule's effective date, and impoundments that
convert to non-hazardous waste impoundments before the effective date.
This latter class of impoundments includes those impoundments that
contain hazardous wastes deposited before the rule's effective date for
which the impoundment is the final disposal site for hazardous waste
already in the unit (i.e., the impoundment is a disposal unit) and
hazardous wastes are not actively managed in the impoundment. Id. The
principle in today's rule is consistent with this existing
interpretation.
The rationale for not applying the subpart CC standards to tanks
and containers that do not receive hazardous waste after the effective
date is somewhat different. Under the subpart CC standards, the need to
apply air emission controls to a particular tank or container is
determined by the organic content of the hazardous waste at a point
prior to being placed in the tank or container (this is discussed in
the following section under ``General Standards''). In many situations
where existing tanks and containers at a TSDF already hold hazardous
waste but no longer receive new wastes, a TSDF owner or operator will
be unable to perform a waste determination as specified in the rule
because waste samples cannot be collected at the required locations and
the owner or operator has insufficient knowledge about the waste.
Furthermore, even if a waste determination can be performed for these
tanks or containers but the units presently are uncovered or have other
openings, most if not all of the volatile organics in the waste have
most likely already been emitted to the atmosphere. Thus, the EPA
decided that air emission control requirements should only apply to
those tanks and containers in which hazardous waste is placed on or
after the effective date of the rule.
The EPA decided not to apply the subpart CC standards to a tank
once an owner or operator stops adding hazardous waste to the unit and
begins closure pursuant to an approved closure plan because in many
cases, use of the required air emission controls would hinder or
prevent closure activities from being performed.
c. Remediation wastes. The EPA has further decided to temporarily
defer application of the subpart CC standards to tanks, containers, and
surface impoundments which are being used on-site to treat or store
hazardous wastes containing organics generated from remedial activities
required under RCRA corrective action or CERCLA response authorities,
or similar State remediation authorities, provided that the wastes are
managed in units that do not also manage other hazardous wastes. This
deferral applies only to on-site management of such wastes. For
remediation waste transported off-site, the point of waste origination
will be the point at which the wastes are physically moved outside the
facility boundary (or for CERCLA response actions, outside the site
boundary).
As the D.C. Circuit recently explained, a temporary deferral such
as today's is permissible if the Agency legitimately needs further time
to ascertain the best means of integrating concurrent statutory and
regulatory schemes to avoid potential interference with the objectives
of both schemes, and where Congress has not expressly forbidden a
temporary deferral. Edison Electric Inst. v. EPA, 2 F. 3d 438, 451-53
(D.C. Cir. 1993). See also RCRA section 1006, requiring the EPA to
integrate all provisions of RCRA for purposes of administration and
enforcement, and to avoid duplication to the maximum extent practicable
in doing so.
This situation is presented here. Control of air emissions from
units at remediation sites implicates the overlapping and potentially
competing concerns of RCRA section 3004(n) and the complex statutory
provisions under RCRA, CERCLA, and State laws relating to remediation.
The EPA's primary goal in this rulemaking has been to develop air
emission standards for tanks, containers, and surface impoundments
holding as-generated hazardous wastes containing organics. At proposal,
the EPA thus did not fully consider the issue of whether different
standards should appropriately apply to wastes that are generated and
managed as the result of remedial activities, or how the proposed rule
for air emissions could best be integrated with the remediation
authorities of RCRA and other Federal or State laws. 56 FR at 33497-98
(July 22, 1991).
Commenters on the proposed subpart CC regulations pointed out that
these were important issues deserving careful attention. The EPA
agrees. It is possible that certain provisions of the air emission
requirements promulgated today may be inappropriate or unnecessarily
restrictive if applied to remediation activities (see 58 FR 8660,
February 16, 1993).
The EPA notes that some measure of control of air emissions from
remediation tanks, containers, and impoundments will be assured during
the deferral period. Remediation authorities of RCRA and CERCLA and
similar State authorities allow overseeing officials to impose, on a
site-specific basis, appropriate air emission controls on these types
of units, as well as on other waste management units and handling
operations. In addition, hazardous wastes containing organics that are
managed off-site (i.e., outside a RCRA facility's boundary, or outside
a CERCLA site) would be subject to the subpart CC management standards.
Finally, the EPA emphasizes that the deferral is indeed temporary.
The issue of appropriate air emission controls for remediation units is
likely to be addressed in the context of the Hazardous Waste
Identification Rules which are currently being developed by the EPA.
The issue is also potentially part of the third phase of the RCRA
section 3004(n) implementation. In addition, waste remediation sites
are on the initial list of source categories under CAA section 112, and
the EPA currently is scheduled to issue technology-based standards to
control emissions of hazardous air pollutants from this source (see 57
FR 31576, July 16, 1992). Consequently, the EPA will be addressing this
issue in the reasonably near future.
d. Radioactive mixed wastes. As explained in section IV.F of this
preamble, the management of radioactive mixed waste at TSDF is subject
to regulation under subtitle C of RCRA. The EPA reviewed the special
nature of radioactive mixed wastes with respect to the air emission
control requirements under the final subpart CC standards. In certain
cases, the air emission controls used as the basis for the subpart CC
standards are not compatible with the NRC requirements for safe
handling of radioactive mixed wastes. For example, drums used to store
radioactive mixed waste cannot be sealed with vapor leak-tight covers
because of unacceptable pressure buildup of hydrogen gas to levels that
can potentially cause rupture of the drum or create a potentially
serious explosion hazard. This generation of hydrogen gas results from
the radiolytic decomposition of organic materials (e.g., plastics) or
aqueous solutions stored in the drums. Consequently, a drum used for
storage of radioactive mixed wastes must be continuously vented through
special filters in accordance with technical guidance issued by the NRC
to prevent the hydrogen concentration in the drum from reaching
dangerous levels. The EPA is planning to further investigate methods
for effective control of organic emissions from waste management units
handling radioactive mixed waste that are consistent with the NRC waste
management practices.
2. General Standards
The final subpart CC standards require that TSDF owners and
operators install and operate air emission controls on each tank,
surface impoundment, and container subject to the rules except when all
of the hazardous waste placed in the unit is determined to meet certain
conditions. These conditions are based on properties of the hazardous
waste determined at either one of two locations:
(1) The point where a hazardous waste is generated or the point
where the waste is received by an off-site facility; or
(2) The point following treatment of a hazardous waste to remove or
destroy the organics in the waste.
a. Point of waste origination. Under the final subpart CC
standards, a TSDF owner or operator is exempted from managing a
hazardous waste in a tank, surface impoundment, or container in
accordance with the air emission control requirements of the rule when
the owner or operator determines that all hazardous waste placed in the
unit has an average volatile organic concentration at the point of
waste origination less than 100 ppmw. The point of waste origination is
defined in the rule with respect to the point where the TSDF owner or
operator first has possession of a hazardous waste. When the TSDF owner
or operator is the generator of the hazardous waste, the point of waste
origination means the point where a solid waste produced by a system,
process, or waste management unit is determined to be a hazardous waste
as defined in 40 CFR part 261. As previously stated, the term ``point
of waste origination'' applied to this situation is being used in a
similar manner to the use of the term ``point of generation'' in waste
operations air standards established under authority of the Clean Air
Act in 40 CFR parts 60, 61, and 63 of this chapter. When neither the
TSDF owner nor operator is the generator of the hazardous waste, point
of waste origination means the point where the owner or operator
accepts delivery or takes possession of the hazardous waste.
b. Treated Hazardous Waste. If a hazardous waste has an average
volatile organic concentration equal to or greater than 100 ppmw based
on the hazardous waste composition at the point of waste origination,
then this waste is required under the subpart CC standards to be
managed in accordance with the air emission control requirements of the
rule. Under these requirements, specific air emission controls must be
installed and operated on every tank, surface impoundment, and
container subject to the rule used in the waste management sequence
from the point of waste origination through the point where the
organics in the waste are removed or destroyed by a process that meets
or exceeds a minimum level of performance specified in the rule. In
other words, once a hazardous waste is treated to remove or destroy the
organics in the waste in accordance with the rule requirements, the
subsequent downstream tanks, surface impoundments, and containers used
to manage this particular hazardous waste are not required to meet the
air emission control requirements of the subpart CC standards.
The final subpart CC standards provide TSDF owners and operators
with several alternative provisions for determining when a treated
hazardous waste is no longer required to be managed in tanks, surface
impoundments, and containers meeting the air emission control
requirements of the rule. Treated hazardous waste provisions are
specified in the subpart CC standards for the following processes:
(1) An organic destruction, biological degradation, or organic
removal process that reduces the organic content of the hazardous waste
and is designed and operated in accordance with certain conditions
specified in the rule;
(2) A hazardous waste incinerator that is designed and operated in
accordance with the requirements of 40 CFR 264 subpart O or 40 CFR 265
subpart O; or
(3) A boiler or industrial furnace that is subject to the
requirements of 40 CFR part 266 subpart H.
A process that simply mixes, blends, combines, or aggregates a
hazardous waste stream with other materials does not destroy the
organics in the waste stream or remove the organics from the waste
stream. While diluting a hazardous waste stream having a volatile
organic concentration greater than 100 ppmw with sufficient quantities
of other hazardous waste streams having a volatile organic
concentration less than 100 ppmw (or water or other low organic content
materials) would reduce the volatile organic concentration of the
resulting hazardous waste mixture to a level below 100 ppmw, the total
mass quantity of organics in the waste does not change since no
organics were removed or destroyed from the waste. The potential for
organic emissions from handling the waste mixture is essentially the
same as for the individual hazardous waste streams prior to being
mixed. Therefore, the EPA does not allow dilution of a hazardous waste
as a means for complying with the requirements specified in the subpart
CC standards for placing treated hazardous waste in affected tanks,
surface impoundments, or containers not using the required air emission
controls. Consequently, when a hazardous waste is treated by an organic
destruction or removal process and the hazardous waste has been mixed
or aggregated together with other hazardous wastes or materials with a
volatile organic concentration less than 100 ppmw prior to the point of
waste treatment, the subpart CC standards require that TSDF owners and
operators meet special requirements to ensure that organics in the
hazardous waste have actually been removed or destroyed. An owner or
operator can choose from several alternative provisions to comply with
these requirements.
One provision requires that mixed hazardous wastes be treated by an
organic destruction or removal process that reduces the volatile
organic concentration of the hazardous waste to meet a site-specific
treatment process exit concentration limit. This limit is determined by
the TSDF owner or operator on a case-by-case basis using an equation
specified in the rule that accounts for the portion of the reduction in
the volatile organic concentration in the resulting treated hazardous
waste stream due to dilution. To use this equation, the owner or
operator must first determine the volatile organic concentration at the
point of waste origination for each individual hazardous waste stream
that is mixed together prior to entering the treatment process. As an
alternative to calculating the exit concentration limit for a treatment
process, the subpart CC standards allow the owner or operator to treat
the mixed hazardous wastes to a volatile organic concentration level
that is less than or equal to the lowest waste volatile organic
concentration at the point of waste origination for all of the
individual hazardous waste streams mixed together prior to entering the
treatment process.
Another alternative in the subpart CC standards available to owners
and operators allows mixed hazardous wastes to be treated using a
single process that achieves an organic reduction efficiency of 95
percent or greater on a mass basis, and reduces the average volatile
organic concentration of the resulting hazardous waste stream exiting
the process to a level less than 50 ppmw. This alternative does not
require the owner or operator to perform any volatile organic
concentration waste determinations for the hazardous wastes prior to
mixing, yet still accommodates the mixing of wastes that have different
volatile organic concentrations. For a waste stream having a volatile
organic concentration greater than 2,000 ppmw, requiring only a minimum
95 percent reduction of the organic content in the waste stream would
not lower the volatile organic concentration of the treated waste
stream to the 100 ppmw level of the rule. However, if such a waste
stream had been mixed together prior to treatment with other waste
streams having lower volatile organic concentrations, then the volatile
organic concentration of the treated waste exiting the process could be
less than 100 ppmw. The EPA does not consider such situations to be
unlikely, and has therefore chosen for this alternative to require an
exit concentration for the treated waste lower than 100 ppmw. The EPA
considers an exit concentration of 50 ppmw, combined with a 95 percent
treatment efficiency, to be an appropriate demonstration that the
reduction in volatile organic concentration for a mixture of hazardous
waste streams has been achieved through destruction or removal of
organic constituents in the waste, rather than by dilution.
The final subpart CC standards also provide another alternative
that does not require the owner or operator to perform any volatile
organic concentration waste determinations for the hazardous wastes
prior to mixing when the waste is treated by a biological process that
destroys or degrades the organics contained in the hazardous waste to
meet certain performance requirements specified in the rule. These
conditions are either of the following:
(1) Achieve an organic reduction efficiency for the biological
treatment process equal to or greater than 95 percent, and achieve an
organic biodegradation efficiency for the process equal to or greater
than 95 percent; or
(2) Achieve a total actual organic mass biodegradation rate for all
hazardous waste treated by the process equal to or greater than the
required organic mass removal rate for the process.
Compliance with these parameters is determined using the procedures
specified in rule.
The EPA may at any time measure or request that the owner or
operator measure using Method 25D the volatile organic concentration of
a hazardous waste that is placed in a tank, surface impoundment, or
container not using air emission controls in accordance with the
requirements of the subpart CC standards. Measurement results showing
that the volatile organic concentration of the hazardous waste is equal
to or greater than 100 ppmw constitutes noncompliance with the subpart
CC standards. However, in a case where the owner or operator has used
an averaging period greater than 1 hour for determining the volatile
organic concentration of a hazardous waste, the Regional Administrator
may consider information that was used by the owner or operator to
determine the average volatile organic concentration of the hazardous
waste (e.g., test results, measurements, calculations, and other
documentation) together with the results of the waste determination in
determining whether the owner or operator is in compliance with the
subpart CC standards.
3. Waste Determination Procedures
A determination of the volatile organic concentration of a
hazardous waste is required by the subpart CC standards only when a
hazardous waste is to be placed in a tank, surface impoundment, or
container subject to the rule that does not use air emission controls
in accordance with the requirements of the rule. A TSDF owner or
operator is not required to determine the volatile organic
concentration of the waste if it is placed in a tank, surface
impoundment, or container using the required air emission controls.
When the hazardous waste is generated as part of a continuous
process, the owner or operator is required to perform an initial waste
determination of the average volatile organic concentration of the
waste stream before the first time any portion of the material in the
waste stream is placed in a waste management unit subject to the rule,
and thereafter update the information used for the waste determination
at least once every 12 months following the date of the initial waste
determination. When the hazardous waste is generated as part of a batch
process that is performed repeatedly but not necessarily continuously,
the owner or operator is required to perform an initial waste
determination of the average volatile organic concentration for one or
more representative waste batches generated by the process before the
first time any portion of the material in the these waste batches is
placed in a waste management unit subject to the rule, and thereafter
update the information used for the waste determination at least once
every 12 months following the date of the initial waste determination.
For either case, the owner or operator is required to perform a new
waste determination whenever changes to the process generating the
hazardous waste are reasonably likely to cause the average volatile
organic concentration to increase to a level at or above 100 ppmw. If
an average volatile organic concentration is used, an initial waste
determination must be performed for each averaging period.
Waste determinations should be performed for any waste that is
generated as a part of an unplanned event or is generated as a part of
an event that is not included in the normal operating conditions for
the source or process generating the hazardous waste. Examples of an
unplanned event include malfunctions that affect the operation of the
process or that alter the composition of the waste or product. Examples
of events that are not normal operating conditions include maintenance
activities and equipment cleaning. Normal operating conditions for the
source or process generating the waste include cyclic process
operations such as start-up and shutdown.
For processes that have variations in normal operating conditions
such that the waste volatile organic concentration may exceed 100 ppmw,
but for which the average waste volatile organic concentration for the
averaging period is below 100 ppmw, documentation must be retained in
the facility operating record that specifies the following information:
(1) The maximum and minimum waste volatile organic concentration values
that will occur for that averaging period; (2) the circumstances under
which a waste volatile organic concentration above 100 ppmw would
occur, and; (3) the calculations and waste determination procedures
used as the basis for the determination of the average volatile organic
concentration. For a given averaging period, if there are no deviations
from the operating circumstances or from the maximum or minimum waste
volatile organic concentrations specified in the operating plan, then
no additional waste determinations would be required after the initial
waste determination for that averaging period.
The subpart CC standards include provisions that allow a TSDF owner
or operator to use either direct measurement or knowledge of the waste
to determine the volatile organic concentration of a hazardous waste.
The following paragraphs describe these two options available to the
owner or operator for performing a waste determination.
a. Direct measurement. When the hazardous waste is generated on a
continuous basis, the averaging period to be used for determining the
volatile organic concentration on a mass-weighted average basis must be
designated and recorded. This averaging period can represent any time
interval that the hazardous waste flows until such time that a new
waste determination must be performed pursuant to the requirements of
the rule. However, this averaging period cannot exceed 1 year. A
sufficient number of samples, but no less than four, must be collected
to represent the complete range of organic compositions and organic
quantities that occur in the hazardous waste stream during the entire
averaging period due to normal variations in the operating conditions
for the source or process generating the hazardous waste.
When the hazardous waste is generated as part of a batch process
that is performed repeatedly but not necessarily continuously, samples
are collected from one or more representative waste batches generated
by the process. The volatile organic concentration for the waste is
calculated as a mass-weighted average based on the analysis results for
all of the waste samples collected for these waste batches. A
sufficient number of samples, but no less than four, must be collected
to represent the organic composition for each representative batch.
Each sample of the hazardous waste is to be collected in accordance
with the requirements specified in ``Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods,'' EPA Publication No. SW-846, third
edition, November 1986, as amended by Update I, November 15, 1992.
Sufficient information must be recorded to document the waste quantity
and the operating conditions for the source, process, or waste
management unit generating the hazardous waste represented by each
sample collected.
Each of the collected waste samples is to be prepared and analyzed
in accordance with the requirements of Method 25D in 40 CFR part 60,
appendix A. The volatile organic concentration for a hazardous waste on
a mass-weighted average basis is then calculated by entering the
analysis results for all of the collected waste samples into an
equation specified in the rule.
b. Knowledge of the waste. The final subpart CC standards allow
TSDF owners or operators to use their knowledge of the waste for waste
determinations (see Hazardous Waste Treatment Council v. EPA, 886 F.2d
355, 370-71 (D.C. Cir. 1989) upholding the use of generator knowledge
to determine if treatment standards are met). Information may be used
that is prepared by either the facility owner or operator or by the
generator of the hazardous waste. Examples of information that could
constitute acceptable knowledge include:
(1) Organic material balances for the source, process, or waste
management unit generating the waste;
(2) Documentation that lists the raw materials or intermediate
products fed to a process showing that no organics are used in the
process generating the waste;
(3) Information that shows the waste is generated by a process that
is substantially similar to a process at the same or another facility
that generates a waste that has previously been determined by direct
measurement to have a volatile organic content less than the action
level;
(4) Test data that provide speciation analysis results for the
waste that are still applicable to the current waste management
practices and from which the total concentration of organics in the
waste can be computed; or
(5) Other knowledge based on manifests, shipping papers, or waste
certification notices.
When test data are used as the basis for knowledge of the waste,
the owner or operator must provide documentation describing the testing
protocol and the means by which sampling variability and analytical
variability are accounted for in the determination of the volatile
organic concentration of the hazardous waste. For example, an owner or
operator may use individual organic constituent concentration test data
that are validated in accordance with Method 301 in appendix A to 40
CFR part 63 as the basis for knowledge of the waste.
4. Tank Standards
The tank standards establish the requirements for tanks using air
emission controls to comply with the general standards of the rule. No
air emission controls are required under the subpart CC standards for a
tank in which all hazardous waste placed in the unit has been treated
to remove or destroy organics in accordance with the requirements
specified in the general standards.
Also, the tank standards do not apply to a tank in which biological
degradation of the organics in the hazardous waste treated in the unit
is demonstrated to achieve specific performance levels. Either of the
following sets of conditions must be demonstrated to qualify for this
exemption: (1) The organic reduction efficiency for the process is
equal to or greater than 95 percent, and the organic biodegradation
efficiency for the process is equal to or greater than 95 percent; or
(2) the total actual organic mass biodegradation rate for all hazardous
waste treated by the process is equal to or greater than the required
organic mass removal rate. The organic biodegradation efficiency or the
organic mass biodegradation rate for a biological treatment unit is
determined by procedures specified in the rule.
The tank standards specify that the owner or operator install and
operate on each affected tank one of the following air emission control
systems: (1) A cover that is connected through a closed-vent system to
a control device; (2) a fixed-roof type cover with an internal floating
roof that is designed and operated in accordance with the requirements
equivalent to the new source performance standard (NSPS) for volatile
organic liquid (VOL) storage; (3) an external floating roof that is
designed and operated in accordance with the requirements equivalent to
the VOL storage NSPS; or (4) a pressure tank that is designed to
operate as a closed system. Under the subpart CC standards, an owner or
operator is allowed to use a fixed-roof type cover (without any
additional controls) for affected tanks under certain conditions.
Four conditions must be met for a particular tank before use of a
fixed-roof type cover (without any additional controls) is allowed
under the subpart CC standards. First, the hazardous waste cannot be
mixed, stirred, agitated, or circulated within the tank by a process
that results in splashing, frothing, or visible turbulent flow on the
waste surface except during limited circumstances. Second, the
hazardous waste in the tank cannot be heated by the owner or operator
except when necessary to prevent the waste from freezing or to maintain
adequate waste flow conditions for continuous normal process
operations. Third, the hazardous waste cannot be treated using a waste
stabilization process or a process that produces an exothermic
reaction. Finally, the maximum organic vapor pressure of the hazardous
waste in the tank must be less than the limit established in the rule
by tank design capacity. For a tank having a design capacity equal to
or greater than 151 m\3\ (approximately 40,000 gallons), then the
maximum organic vapor pressure of the hazardous waste in the tank must
be less than 5.2 kPA. For a tank having a design capacity equal to or
greater than 75 m\3\ (approximately 20,000 gallons) but less than 151
m\3\, then the maximum organic vapor pressure of the waste in the tank
must be less than 27.6 kPa. For a smaller tank (design capacity less
than 75 m\3\), the maximum organic vapor pressure must be less than
76.6 kPa.
The subpart CC standards require each cover opening not vented to a
control device to be maintained in a closed, sealed position except at
those times when a specific opening must be used to add, remove,
inspect, or sample the waste in the tank or when it is necessary to use
the opening to inspect, maintain, or repair equipment located inside
the tank. Also, safety devices that vent directly to the atmosphere may
be used on the tank, cover, closed-vent system, or control device
provided that the safety device is not used for planned or routine
venting of organic vapors. These safety devices are to remain in a
closed position except when an unplanned event requires that the device
be open for the purpose of preventing physical damage or permanent
deformation of the tank, cover, closed-vent system, or control device
in accordance with good engineering and safety practices for handling
flammable, combustible, explosive, or other hazardous materials. An
example of an unplanned event is a sudden power outage.
5. Surface Impoundment Standards
The surface impoundment standards establish the requirements for
surface impoundments using air emission controls to comply with the
general standards of the rule. No air emission controls are required
under the subpart CC standards for a surface impoundment in which all
hazardous waste placed in the unit has been treated to remove or
destroy organics in accordance with the requirements specified in the
general standards. Also, air emission controls are not required for a
surface impoundment in which biological treatment of a hazardous waste
is performed under the same conditions specified in the rule for tanks.
The surface impoundment standards specify that the owner or
operator install and operate on each affected surface impoundment a
cover (e.g., air-supported structure) that is connected through a
closed-vent system to a control device. Under the subpart CC standards,
an owner or operator is allowed to use a floating membrane cover
(without any additional controls) for affected surface impoundments
under certain conditions specified in the rule.
The requirements under the subpart CC standards for surface
impoundment air emission control equipment are consistent with the
requirements for tanks.
6. Container Standards
The container standards establish the requirements for affected
containers (containers with a design capacity greater than or equal to
0.1 m\3\) using air emission controls to comply with the general
standards of the rule. No air emission controls are required by the
subpart CC standards for any container with a design capacity less than
0.1 m\3\ regardless of the volatile organic concentration of the
hazardous waste placed in the container.
For affected containers used for storage, treatment, or handling of
hazardous waste, the owner or operator is required to use either: (1) A
container that is equipped with a vapor leak-tight cover; (2) a
container having a design capacity less than or equal to 0.46 m\3\
(approximately 119 gallons) that is equipped with a cover and complies
with all applicable U.S. Department of Transportation (DOT) regulations
on packaging hazardous waste for transport under 49 CFR part 178; or
(3) a container that is attached to or forms a part of any truck,
trailer, or railcar and that has been demonstrated within the preceding
12 months to be organic vapor tight in accordance with the procedure
specified in Method 27. For a container in which treatment of hazardous
waste is performed, the owner or operator is required to place the
container inside an enclosure that is connected through a closed-vent
system to a control device at all times that the container is
completely or partially uncovered during the treatment operation.
Transfer of hazardous waste by pumping into a container having a design
capacity greater than 0.46 m\3\ is required to be performed using
submerged fill loading.
The requirement for use of leak-tight covers on containers is
established by testing the cover for no detectable organic emissions as
determined using Method 21 in 40 CFR part 60, appendix A. The test is
performed when all openings in the cover (e.g., lids, bungs, hatches,
and sampling ports) are secured in a closed, sealed position. Under
certain circumstances, the EPA has determined that a cover other than a
rigid, gasketed cover can be used on a container that will meet the
requirement for no detectable organic emissions. For example, the EPA
has concluded that use of a tarpaulin with a vapor-suppressing foam is
an acceptable cover for roll-off boxes used for short-term storage
(e.g., less than 30 days) of bulk solid materials (refer to RCRA docket
entry number F-94-CESP-S00507 for specific conditions under which this
type of cover is acceptable).
As an alternative to using covers tested for no detectable organic
emissions on drums and other containers with a design capacity less
than or equal to 0.46 m\3\, the subpart CC standards allow an owner or
operator to place the hazardous waste in drums meeting the DOT
specifications and testing requirements under 49 CFR part 178. When a
container meeting these DOT regulations is used, no leak detection
monitoring nor recordkeeping for the container is required by the
subpart CC standards. It is important to note that none of the
exceptions to the 49 CFR part 178 regulations other than the exception
for lab packs used for combination packagings as specified in 49 CFR
173.12(b) apply to a container for the purpose of complying with the
subpart CC standards.
The subpart CC container standards allow use of a tank truck or
tank railcar that has been tested for organic vapor tightness within
the preceding 12 months in accordance with the requirements of Method
27. This method is a pressure test procedure originally developed by
the EPA for determining the vapor-leak tightness of a tank truck into
which gasoline is placed. The EPA considers Method 27 also appropriate
for determining vapor-leak tightness of tank trucks and railcars into
which hazardous wastes containing volatile organics are placed. No
Method 21 leak monitoring or recordkeeping is required for tank trucks
or tank railcars complying with this provision of the rule.
When it is necessary for a container to be open during certain
treatment processes, the subpart CC standards require the container to
be located in an enclosure connected to a closed-vent system with
control device. The enclosure must be designed to operate with
sufficient airflow into the structure to capture all organic vapors
vented from the container and route the vapors through the closed-vent
system to the control device. The enclosure may have permanent or
temporary openings to allow worker access, passage of containers
through the enclosure by conveyor or other mechanical means, entry of
permanent mechanical or electrical equipment, or to direct airflow into
the enclosure. Whenever an open container is placed inside the
enclosure, the pressure drop across each opening in the enclosure is to
be maintained at a pressure below atmospheric pressure such that no
organic vapors released from the container can exit the enclosure
through the opening.
Finally, the container standards include the same unit and control
equipment safety venting provisions allowed under the subpart CC
standards for tanks and surface impoundments.
7. Closed-Vent System and Control Device Requirements
The design and operating requirements under the final subpart CC
standards for a closed-vent system with control device are the same as
those already applicable to TSDF owners and operators under subpart AA
in 40 CFR parts 264 and 265 with one exception. The subpart CC
standards require that each control device achieve at least a 95
percent reduction in the total organic content of the vapor stream
vented to the device or, in the case of an enclosed combustion device,
a reduction of the total organic content of the vapor stream to a level
less than or equal to 20 ppmw on a dry basis corrected to 3 percent
oxygen.
The standards do not require the use of any specific type of
equipment or add-on control device. The standards allow the owner or
operator the flexibility of choosing the control device best suited for
a control application based on the characteristics of the particular
organic vapor stream. Furthermore, the subpart CC standards do not
require that each tank, surface impoundment, and container be vented to
a separate control device dedicated to that particular unit. Vent
streams from several units can be combined and discharged to a single
control device that achieves the required level of performance.
8. Inspection and Monitoring
The subpart CC standards provide exemptions from inspection and
monitoring for specific circumstances defined in the rule. In the case
of an underground tank, only those portions of the tank cover and those
connections to the tank cover or tank body (e.g., fill ports, access
hatches, gauge wells, etc.) that extend to or above the ground surface
and can be opened to the atmosphere must be inspected and monitored.
Leak monitoring using Method 21 in 40 CFR part 60, appendix A, is not
required for the following: (1) Drums that meet applicable DOT
regulations specified in the rule; (2) tank trucks and tank railcars
that are annually demonstrated to be vapor-tight by Method 27 in 40 CFR
part 60, appendix A; and (3) closed-vent systems and control devices
operated in vacuum service (i.e., equipment that is operated at an
internal pressure that is at least 5 kPa below ambient pressure) or
closed-vent system connections that are permanently or semi-permanently
sealed (e.g., a welded joint between two sections of metal pipe or a
bolted and gasketed pipe flange). Also, semiannual leak monitoring is
not required for a cover opening that has continuously remained in the
closed, sealed position for the entire period since the cover opening
was last monitored.
To ensure that emission control equipment is properly operated and
maintained, the subpart CC standards require the TSDF owner or operator
to visually inspect certain emission control equipment items
semiannually. For example, emission control equipment covers on tanks
are to be checked semiannually by facility employees to ensure that
equipment is being used properly (e.g., covers are closed and latched
except when an opening must be used to add, remove, inspect, or sample
the waste in the tank or to inspect, maintain, replace, or repair
equipment located inside the tank or to vent gases or vapors from the
tank) and the equipment is being maintained in good condition (e.g., no
visible holes, gaps, tears, or splits have developed in covers).
Continuous monitoring of control device operation is required under
the subpart CC standards. This involves the use of automated
instrumentation to measure critical operating parameters that indicate
whether the control device is operating correctly or is malfunctioning.
Semiannual leak detection monitoring using Method 21 under 40 CFR part
60, appendix A, is required for certain cover components to ensure
gaskets and seals are in good condition and for closed-vent systems to
ensure all fittings remain leak-tight. In addition, with the previously
noted exception of permanently or semi-permanently sealed connections,
each closed-vent system must be monitored for leaks using Method 21 at
least once per year.
Special inspection and monitoring provisions are included in the
final subpart CC standards for cover fittings that are unsafe or
difficult for facility personnel to inspect and monitor. A TSDF owner
or operator may designate a cover fitting as ``unsafe to inspect and
monitor'' if a worker would be exposed to dangerous, hazardous, or
other unsafe conditions when performing the inspection or monitoring. A
cover fitting that is designated as unsafe must be inspected and
monitored as frequently as practicable during those times when it is
safe to inspect and monitor the fitting. Similarly, a cover may be
designated as ``difficult to inspect and monitor'' if in so doing a
worker would be elevated to a height more than 2 meters above a support
surface and the cover was installed before June 5, 1995. A cover
fitting that is designated as difficult must be monitored and inspected
at least once per calendar year.
The subpart CC standards require that the TSDF owner or operator
repair a cover fitting found to be leaking within 15 days of detection.
Repair of control equipment on a tank or surface impoundment may be
delayed beyond 15 calendar days under certain circumstances. To delay
repair, the owner or operator must document that the repair cannot be
completed without emptying the contents of the unit and also that
removing the unit from service would result in the unscheduled
cessation of production from the process unit or operation of the waste
management unit that is generating the hazardous waste. Repair of this
control equipment must be completed the next time the process unit or
waste management unit that is generating the hazardous waste managed in
the tank or surface impoundment is shut down.
9. Recordkeeping Requirements
The final subpart CC standards require the TSDF owner or operator
to record certain information in the on-site facility operating logs or
files. This information is to be readily available for review by
authorized representatives of the EPA. Consistent with 40 CFR 264.73
and 40 CFR 265.73, the rule requires that air emission control
equipment design records and certain other records be maintained in the
facility operating record until facility closure. Records and results
of waste determinations, inspections, and monitoring are required to be
kept for at least 3 years from the date of entry.
The information to be collected and recorded includes: the results
of all waste determinations such as of volatile organic concentration
at the point of waste origination and organic vapor pressure; design
specifications for closed-vent systems and control devices and certain
control equipment; emission control equipment inspection and monitoring
results; Methods 27 test results; control device exceedances and
actions taken to remedy them; leak repairs; management of carbon
removed from carbon adsorption systems; identification of incinerators,
boilers, or industrial furnaces used to treat hazardous waste in
accordance with the general requirements of the rule; documentation for
biological wastewater treatment units using air emission controls in
accordance with the rule requirements; and identification of equipment
fittings designated as unsafe or difficult to monitor or inspect.
At a facility where air emission control equipment required by the
final rule cannot be in operation by June 5, 1995, the owner or
operator is required to prepare an implementation schedule for the air
emission control equipment specifying dates by which progress will be
completed by the facility owner or operator to ensure the required air
emission controls are in operation no later than December 8, 1997.
Alternatively, the owner or operator may come into compliance by
modifying facility processes to eliminate waste streams with average
volatile organic concentration greater than or equal to 100 ppmw at the
point of waste origination. At a minimum, specific calendar dates shall
be established for award of contracts or issuance of purchase orders
for the air emission control equipment; initiation of on-site
installation of the equipment; completion of the equipment
installation; and performance of any testing to demonstrate that the
installed air emission control equipment meets the standards.
The EPA recognizes that, in some cases, owners or operators may be
unable to meet the implementation date for reasons beyond their
control. For example, several commenters pointed out that permit
modifications may be required to implement necessary changes, and that
modification processes can be lengthy. The EPA developed this rule to
be self-implementing and to eliminate the need for permit modifications
to the extent possible; furthermore, in the final rule the
implementation period has been extended from 2 to 3 years. Therefore,
the EPA expects that most if not all facilities will be able to comply.
However, the EPA acknowledges that in some cases State permits may have
to be modified (e.g., when surface impoundments are replaced with
tanks). If the permit process is lengthy, or undergoes extensive
appeal, the facility's ability to comply with the implementation date
may be jeopardized. To address this and similar situations, the EPA has
included a provision that will allow the Regional Administrator to
extend the implementation date in situations beyond the owner or
operator's control, where he or she made all reasonable and prudent
efforts to meet the date. The EPA emphasizes that this extension would
be available only where meeting the date was truly beyond the
facility's control, and the EPA expects its application would be
limited to situations such as delays in State permit processing. The
extension would not be available where the facility's planning was at
fault, a permit application was submitted unreasonably late, or permit
processing was delayed because the permit application was inadequate.
In some cases, the owner or operator of a facility in interim
status at the time this rule becomes effective may not be able to
implement the requirements of the rule before EPA (or an authorized
state) issues the facility its RCRA permit. In this case, the EPA will
generally incorporate the facility's implementation schedule into the
permit, in accordance with the requirements of 40 CFR 270.33, which
allows schedules of compliance in RCRA permits. Consistent with this
approach, 40 CFR 270.27(a)(7) requires permit applicants to submit
their schedules of implementation with their permit applications, if
the owner or operator cannot implement the requirements of this rule
before permit issuance.
As the EPA develops new hazardous waste listings or characteristics
in the future, new containers, tanks, and surface impoundments will
become subject to subpart CC standards. For these units, the effective
date of the standards will be the effective date of the new listing or
characteristic. Owners or operators of these units must institute
controls by that date. In cases when owners or operators cannot comply
with the applicable requirements of the subpart CC standards by this
date, they must install and operate required air emission control
equipment no later than 30 months after the effective date provided
that they prepare a implementation schedule (as described above) for
this control equipment by the effective date.
10. Reporting Requirements
The final subpart CC standards in 40 CFR part 264 require a TSDF
owner or operator to submit reports to the EPA only when circumstances
occur at the facility resulting in noncompliance with certain
provisions of the rule. There are no reporting requirements under 40
CFR 265 subpart CC for owners and operators of interim-status TSDF.
Each report required under the final subpart CC standards in 40 CFR
part 264 is to be submitted to the EPA Regional office having
jurisdiction for a particular TSDF location. The report is required to
be signed and dated by an authorized representative of the facility
owner or operator.
A TSDF owner or operator subject to the requirements of 40 CFR 264
subpart CC must report to the EPA all circumstances resulting in
placement of a hazardous waste in a tank, surface impoundment, or
container subject to the rule and not using air emission controls
required by the rule when either of the following conditions occur: (1)
The hazardous waste has a volatile organic concentration equal to or
greater than 100 ppmw as determined on a mass-weighted average basis at
the point of waste origination, or (2) the process used to treat the
hazardous waste fails to meet the applicable conditions specified in
the rule. The owner or operator must submit a written report within 15
calendar days of the time that the owner or operator becomes aware of
the circumstances.
A TSDF owner or operator subject to the requirements of 40 CFR part
264, subpart CC and using a control device in accordance with the
requirements of the rule is required to submit a semiannual written
report to the EPA. This report is to describe each occurrence during
the previous 6-month period when a control device is operated
continuously for 24 hours or longer in noncompliance with the
applicable operating values defined in 40 CFR 264.1035(c)(4) or when a
flare is operated with visible emissions as defined in 40 CFR
264.1033(d). A TSDF owner or operator is not required to submit this
report for a 6-month period during which all control devices at a
facility subject to the subpart CC standards are operated by the owner
or operator so that during no period of 24 hours or longer did a
control device operate continuously in noncompliance with the
applicable operating values defined in the rule.
B. TSDF Miscellaneous Unit Requirements
The EPA permits miscellaneous units at TSDF on a case-by-case basis
with terms and provisions as needed to protect public health and the
environment through generic performance standards specified in 40 CFR
264.601. Today's rule amends Sec. 264.601 to include the air emission
controls required by the standards under 40 CFR part 264, subparts AA,
BB, and CC among the ``appropriate'' controls a permit writer may
require for a miscellaneous unit.
Application of the air standards under 40 CFR part 264, subparts
AA, BB, and CC to subpart X miscellaneous units will require
determining which one of the waste management unit categories (e.g.,
tank, surface impoundment, container), if any, is most similar to the
miscellaneous unit. As an example, hazardous waste is sometimes stored
or treated in a miscellaneous unit consisting of a flexible, synthetic
liner supported by an above ground metal frame (instead of a depression
formed of earthen materials as is the case for a surface impoundment).
Placing hazardous waste containing organics in this type of
miscellaneous unit could result in significant organic emissions from
the exposed waste surface comparable to those resulting from placing
the waste in a similar size surface impoundment. Using the types of air
emission controls applicable to surface impoundments (e.g., floating
membrane cover) would reduce organic emissions from this type of
miscellaneous unit. Therefore, in the case where the miscellaneous unit
is determined to resemble a surface impoundment, a subpart X permit may
be issued that includes air emission control requirements for surface
impoundments under the subpart CC standards. The same application of
the rule would be true for a miscellaneous unit used to manage organic-
containing hazardous waste and determined to be similar to a tank or a
container.
C. 90-Day Tanks and Containers Requirements
Today's final rulemaking amends subparts I and J of 40 CFR part 265
to add a requirement that 90-day tanks and containers covered by these
subparts also have to comply with air emission control requirements in
subparts AA, BB, and CC. The rule adds these provisions as conditions
with which generators must comply to not be required to obtain a permit
for on-site tanks and containers used to accumulate hazardous waste.
D. Amendments to Subparts AA and BB Standards
Today's action adds new requirements for TSDF owners and operators
using activated carbon adsorption systems to comply with the control
device requirements of subparts AA and BB under 40 CFR parts 264 and
265. These requirements specify the procedures for managing the spent
carbon removed from the control devices, and are consistent with the
requirements promulgated today in subpart CC under 40 CFR parts 264 and
265.
VIII. Implementation of Final Rule
A. Existing Sources
Today's action by the EPA modifies the ``permit-as-a-shield''
practice for implementation of RCRA rules by owners and operators of
existing TSDF for which final RCRA permits have been issued by the EPA.
The EPA is amending 40 CFR 270.4 to require that owners and operators
of TSDF that have been issued final permits prior to June 5, 1995,
comply with the air standards under 40 CFR part 265, subparts AA, BB,
and CC until the facility's permit is reviewed or reissued by the EPA.
This amendment eliminates application of the ``permit-as-a-shield''
practice for these air standards but does not require that the EPA or
the TSDF owner or operator initiate a permit modification to add the
requirements of 40 CFR part 264, subparts AA, BB, or CC. The EPA
believes that this will minimize the administrative burden on the TSDF
owner or operator as well as limit the additional burden on the
permitting resources of the EPA. However, when a permit is reopened or
subject to renewal, or when a TSDF owner or operator submits a Class 3
modification request pertaining to an existing unit or addition of a
new unit subject to these standards (e.g., a modification regarding a
tank, surface impoundment, or container), then the applicable
requirements of 40 CFR part 264, subparts AA, BB, and CC shall be
incorporated into the permit conditions.
The subpart CC standards promulgated today are implemented on the
following schedule by owners and operators of existing TSDF (except for
tanks in which waste stabilization activities are performed as of
December 6, 1994, as explained in section VI.F of this preamble):
(1) All owners and operators of existing TSDF become subject to the
requirements of 40 CFR part 265, subparts AA, BB, and CC effective June
5, 1995.
(2) Beginning June 5, 1995, each TSDF owner or operator is required
to be in compliance with 40 CFR part 265, subparts AA, BB, and CC.
Implementation of the leak detection and repair program required by the
subpart BB standards is required by this date. At a facility where the
air emission controls required by the subpart AA, BB, and CC standards
are not in place, the owner or operator must have one of the following
in the facility's operating record: An implementation schedule for the
air emission controls in accordance with the recordkeeping requirements
of the rule or the facility's waste determination that indicates that
air emission controls are not required.
(3) No later than December 8, 1997, the air emission controls
required by 40 CFR part 265, subparts AA, BB, and CC must be installed
and in operation.
All final permits, or Class 3 permit modifications, issued by the
EPA after June 5, 1995, must incorporate the requirements of 40 CFR
part 264, subparts AA, BB, and CC. The owner and operator of an interim
status TSDF who have submitted Part B applications to the EPA but have
not received a draft permit as of June 5, 1995, are required to modify
the Part B application to incorporate the requirements of 40 CFR part
264, subparts AA, BB, and CC prior to a draft permit being issued by
the EPA. However, if the owner and operator have received a draft
permit as of June 5, 1995, then the requirements of 40 CFR part 264,
subparts AA, BB, and CC must be incorporated into the permit conditions
prior to final permit determination. The Regional Administrator may
establish, on a case-by-case basis, a reasonable date for submittal of
the revised Part B application.
An existing solid waste management unit (or facility) may become a
hazardous waste management unit (or facility) requiring a RCRA permit
when a waste becomes newly listed or identified as hazardous. Owners
and operators of TSDF not previously requiring a RCRA permit who have
existing units handling newly listed or identified hazardous waste can
submit a Part A application and gain interim status. The air standards
being promulgated today are implemented at these facilities on the
following schedule:
(1) 180 days following the date the waste is listed or identified
as hazardous waste, the standards become effective; all facilities
become subject to the standards.
(2) Beginning June 5, 1995, each TSDF owner or operator is required
to be in compliance with the subpart AA, BB, and CC standards. At a
facility where the air emission controls required by the subpart AA,
BB, and CC standards are not in place, the owner or operator must have
one of the following in the facility's operating record: an
implementation schedule for the air emission controls in accordance
with the recordkeeping requirements of the rule, or the facility's
waste determination that indicates that air emission controls are not
required.
(3) No later than December 8, 1997, the controls required by the
standards must be installed at all facilities.
B. New Sources
All air emission controls required by 40 CFR part 264, subparts AA,
BB, and CC must be in place and operating upon startup of a new TSDF.
Under 40 CFR 270.10, owners and operators of new TSDF are required to
submit Part A and Part B permit applications and to receive a final
permit from the EPA prior to construction of the facility. The Part B
application for a new facility must incorporate the requirements of 40
CFR part 264. Owners and operators who have submitted a Part B
application for a new TSDF but have not been issued a final permit as
of June 5, 1995, are required to modify their Part B applications to
incorporate the requirements of 40 CFR part 264, subpart CC.
C. State Authority
1. Applicability of Rule in Authorized States
Under RCRA section 3006, the EPA may authorize a qualified State to
administer and enforce the RCRA program within the State (refer to 40
CFR part 271 for the standards and requirements for authorization).
Although an authorized State has primary responsibility for enforcement
of RCRA, the EPA retains enforcement authority under RCRA sections
3008, 7003, and 3013, as well as inspection authority under RCRA
section 3007.
Prior to the enactment of the HSWA, a State with final authority
administered its hazardous waste program entirely in lieu of the EPA
administering the Federal program in that State. The Federal
requirements no longer applied in the authorized State, and the EPA
could not issue permits for facilities in that State. When new, more
stringent Federal requirements were promulgated or enacted, the State
was obligated to enact equivalent requirements within specified time
frames. The new Federal requirements did not take effect as Federal law
in an authorized State until the State adopted the requirements as
State law and was granted authority by the EPA to administer the
requirements.
In contrast, new Federal requirements promulgated under authority
of the HSWA, become effective in authorized States at the same time
they are effective in nonauthorized States. Under RCRA section
3006(g)(1), the EPA is directed to administer the new Federal
requirements in authorized States, including the issuance of permits,
until the State is granted authority to do so. While authorized States
must still adopt all new RCRA provisions as State law to retain final
authorization, requirements promulgated under RCRA provisions added by
the HSWA are administered by the EPA as Federal law in authorized
States in the interim.
Today's rules are promulgated under authority of RCRA section
3004(n), a provision added to RCRA by the HSWA. Therefore, the EPA is
adding the requirements of the rules to Table 1 in 40 CFR 271.1(j).
This table identifies the Federal program requirements that are
promulgated pursuant to the HSWA and that take effect in all States,
regardless of their authorization status.
2. Effect on State Authorizations
The EPA will implement the air standards promulgated today in an
authorized State until such a time when the State either: (1) Modifies
its RCRA program to adopt the rule and receives final authorization
from the EPA for the modification; or (2) receives interim
authorization from the EPA as described below. Because these air
standards are promulgated under authority of the HSWA, a State
submitting a program modification may apply to receive either interim
or final authorization under RCRA section 3006(g)(2) or 3006(b),
respectively, on the basis of requirements that are substantially
equivalent or equivalent to the EPA's. The procedures and schedule for
State program modifications for either interim or final authorization
are described in 40 CFR 271.21. The availability of HSWA interim
authorization was recently extended by the EPA until January 1, 2003
(see 57 60129, December 18, 1992).
In accordance with the requirements of 40 CFR 271.21(e)(2), States
with final authorization must modify their programs to reflect Federal
program changes and subsequently must submit the modifications to the
EPA for approval. The deadline by which a State must modify its RCRA
program to adopt today's rulemaking is determined by the date of
promulgation of the final rule, in accordance with 40 CFR 271.21(e)(2).
This deadline can be extended in certain cases [40 CFR 271.21(e)(3)].
Once the EPA approves the modification, the State requirements become
subtitle C RCRA requirements.
A State that submits its Base program application less than 12
months after the effective date of these standards is not required to
include standards equivalent to these standards in its application.
However, the State must modify its program by the deadlines set forth
in 40 CFR 271.21(e). States that submit official applications for final
authorization 12 months after the effective date of these standards
must include standards equivalent to these standards in their
applications. The 40 CFR 271.3 sets forth the requirements a State must
meet when submitting its final authorization application.
States with authorized RCRA programs may already have requirements
similar to those in today's rule. Such State regulations have not been
assessed against the Federal regulations being finalized today to
determine whether they meet the tests for authorization. Thus, a State
is not authorized to implement these requirements as RCRA requirements
until the State program modification is assessed against Federal
requirements and approved. Of course, States with existing standards
may continue to administer and enforce their standards as a matter of
State law. In implementing the Federal program, the EPA will work with
States under cooperative agreements to minimize duplication of efforts.
In many cases, the EPA will be able to defer to the States in their
efforts to implement their programs, rather than take separate actions
under Federal authority.
IX. Test Methods
A. Method 25D
Method 25D in 40 CFR part 60, appendix A is the applicable test
method for the determination of the volatile organic concentration of
wastes. Method 25D was originally proposed as a part of this rulemaking
but was subsequently promulgated in a separate rulemaking (see 56 FR
19402, April 22, 1994). Responses to comments received on the proposed
Method 25D as part of this rulemaking are presented in the BID for
today's final rule. Additional comments and responses relevant to the
proposed Method 25D that were received as part of other EPA rulemakings
are available in Air Docket Number A-90-23 located at the EPA's Air and
Radiation Docket Information Center, Waterside Mall, room 1500, 1st
Floor, 401 M Street, SW., Washington, DC 20460.
The sampling requirements in Method 25D have been changed since
proposal. The promulgated version of Method 25D requires that samples
of waste be collected from a source following specific procedures for
sampling a single-phase or well-mixed waste, a multiple-phase waste,
and solid materials. Each sample is suspended in an organic/aqueous
matrix, then heated and purged with nitrogen for 30 minutes to separate
certain organic compounds. A portion of the sample is analyzed for
carbon concentration, as methane, with a flame ionization detector. The
other portion of the sample is analyzed for chlorine concentration, as
chloride, with an electrolytic conductivity detector. The volatile
organic concentration of the waste is then computed as the sum of the
measured carbon and chlorine contents.
B. Method 25E
Method 25E is the applicable test method for determining the
organic vapor pressure of waste managed in tanks. The version of Method
25E promulgated today in 40 CFR part 60, appendix A, is the same as the
proposed version with one addition to the sampling requirements to
provide for sampling waste in a tank. Method 25E requires collection of
a waste sample in a headspace sample vial and transfer of the vial to a
balanced pressure headspace sampler. The headspace vapor of the sample
is analyzed for carbon content by a headspace analyzer, which uses a
flame ionization detector.
X. Administrative Requirements
A. Paperwork Reduction Act
The information collection requirements in these rules have been
approved by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and have been assigned
control number 1593.02.
To aid the EPA with enforcement of the rule being promulgated
today, TSDF owners and operators and hazardous waste generators subject
to today's action are required to record certain information in the on-
site facility operating logs or files. The recordkeeping requirements
for each respondent (i.e., person subject to the rule) will vary
depending on a variety of site-specific factors. These factors include:
the number of tanks, surface impoundments, and containers subject to
the rule in operation at the respondent's facility; the number of
hazardous waste streams managed at the facility; the type of waste
determination methods selected by the respondent; and the type of air
emission control equipment selected by the respondent to comply with
the requirements of the rule.
This collection of information has an estimated reporting burden
averaging 1.4 hours per response and an estimated annual recordkeeping
burden averaging 62.5 hours per respondent. These estimates include
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information.
In general, a respondent is not required to submit any reports to
the EPA unless certain events occur at the respondent's facility in
which a hazardous waste is improperly managed in a unit not using the
required air emission controls or a control device malfunction cannot
be corrected by the respondent within 24 hours of being detected. Thus,
the EPA expects that many respondents complying with this rule will
have no reporting burden. On a nationwide average basis, the public
reporting burden resulting from today's action is estimated by the EPA
to be approximately 2 hours per year per respondent.
Send comments regarding the burden estimate or any other aspect of
this collection of information, including suggestions for reducing this
burden to Chief, Information Policy Branch; EPA; 401 M St., S.W. (Mail
Code 2136); Washington, DC 20460; and to the Office of Information and
Regulatory Affairs, Office of Management and Budget, Washington, DC
20503, marked ``Attention Desk Officer for EPA.''
B. Executive Order 12866 Review
Under Executive Order 12866, (58 FR 51735, October 4, 1993) the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.''
Pursuant to the terms of Executive Order 12866, it has been
determined that this rule is a ``significant regulatory action'' based
on the estimated annual cost of the rulemaking to the economy (i.e.,
the EPA's estimate of nationwide annual costs for the subpart CC
standards exceeds $100 million). As such, the EPA has submitted this
action to OMB for review. Changes made in response to OMB suggestions
or recommendations will be documented in the public record.
C. Regulatory Flexibility Act
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.),
whenever a Federal agency publishes any proposed or final rule in the
Federal Register, it must prepare a Regulatory Flexibility Analysis
(RFA) that describes the impact of the rule on small entities (i.e.,
small businesses, organizations, and governmental jurisdictions). This
analysis is not necessary, however, if the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities.
The EPA has established guidelines for determining whether an RFA
is required for the EPA rulemaking. These guidelines state that, if a
preliminary analysis indicates that a proposed regulation would affect
20 percent or more of ``small entities'', then an RFA is to be
prepared. In addition, these guidelines are used to evaluate if a
regulation will have a ``significant impact'' on small entities. A
regulation is considered by the EPA to have a ``significant impact'' if
any one of the following four criteria is met:
(1) Annual compliance costs increase the relevant production costs
for small entities by more than 5 percent;
(2) The ratio of compliance costs to sales will be 10 percent
higher for small entities than for large entities;
(3) Capital costs of compliance will represent a significant
portion of the capital available to small entities, taking into account
internal cash flow plus external financing capabilities;
(4) Costs of the regulation will likely result in closures of small
entities.
The EPA used the economic impact model developed for the RIA to
estimate the effects of today's rulemaking on small entities (refer to
Chapter VI of the RIA for additional details). The results of this
analysis indicate that the effects of the air standards on small
entities are minimal. The number of affected small entities is
insubstantial, and the impacts are insignificant.
Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify
that these final rules promulgated today will not have a significant
impact on a substantial number of small entities. Therefore, an RFA is
not required for this rulemaking.
D. Docket
Three 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; and
(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.
The public may review all materials in these dockets at the EPA RCRA
Docket Office.
The EPA RCRA Docket Office is located in room 2427 of the U.S.
Environmental Protection Agency, 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. The public must have an
appointment to review docket materials. Appointments can be scheduled
by calling the Docket Office at (202) 260-9327. An individual may copy
a maximum of 100 pages of material from any one regulatory docket free
of charge. Additional pages of material from the docket may be copied
at a charge of $0.15 per page.
XI. Legal Authority
These regulations are promulgated 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 9
Environmental protection, Reporting and recordkeeping requirements.
40 CFR Part 60
Air pollution control, Test method, Vapor-phase organic
concentration, Volatile organic concentration, Waste, Waste testing.
40 CFR Part 260
Air pollution control, Incorporation by reference.
40 CFR Part 262
Accumulation time, Air pollution control, Container, Tank.
40 CFR Parts 264 and 265
Air pollution control, Container, Control device, Hazardous waste,
Incorporation by reference, Inspection, Miscellaneous unit, Monitoring,
Reporting and recordkeeping requirements, Standards, Surface
impoundment, Tank, Waste determination.
40 CFR Part 270
Administrative practice and procedure, Air pollution control,
Confidential business information, Hazardous waste, Permit, Permit
modification, Reporting and recordkeeping requirements.
40 CFR Part 271
Administrative practice and procedure, Air pollution control,
Confidential business information, Hazardous waste, Reporting and
recordkeeping requirements.
Dated: November 15, 1994.
Carol M. Browner,
The Administrator.
For the reasons set out in the preamble, title 40, chapter I, parts
9, 60, 260, 262, 264, 265, 270, and 271 of the Code of Federal
Regulations are amended as follows:
PART 9--OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT
1. The authority citation for part 9 continues to read as follows:
Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003,
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1321, 1326, 1330, 1344, 1345
(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp.
p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-1, 300g-2,
300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3, 300j-4,
300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 9601-9657,
11023, 11048.
2. Section 9.1 is amended by adding new entities in numerical order
to the table under the indicated headings to read as follows:
Sec. 9.1 OMB approvals under the Paperwork Reduction Act.
* * * * *
------------------------------------------------------------------------
OMB control
40 CFR citation No.
------------------------------------------------------------------------
*****
Standards for Owners and Operators of Hazardous Waste Treatment,
Storage, and Disposal Facilities
*****
264.1089................................................... 2060-0318
264.1090................................................... 2060-0318
*****
Interim Status Standards for Owners and Operators of Hazardous Waste
Treatment, Storage, and Disposal Facilities
*****
265.1090................................................... 2060-0318
*****
------------------------------------------------------------------------
PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
3. The authority citation for part 60 continues to read as follows:
Authority: Sections 111, 301(a) of the Clean Air Act as amended
(42 U.S.C. 7411, 7601(a)) unless otherwise noted.
4. Appendix A is amended by adding Method 25E:
Appendix A--Test Methods
* * * * *
Method 25E--Determination of Vapor Phase Organic
Concentration in Waste Samples
Introduction
Performance of this method should not be attempted by persons
unfamiliar with the operation of a flame ionization detector (FID)
nor by those who are unfamiliar with source sampling because
knowledge beyond the scope of this presentation is required.
1. Applicability and Principle
1.1 Applicability. This method is applicable for determining
the vapor pressure of waste samples which represent waste which is
or will be managed in tanks.
1.2 Principle. The headspace vapor of the sample is analyzed
for carbon content by a headspace analyzer, which uses an FID.
2. Interferences
2.1 The analyst shall select the operating parameters best
suited to the requirements for a particular analysis. The analyst
shall produce confirming data through an adequate supplemental
analytical technique and have the data available for review by the
Administrator.
3. Apparatus
3.1 Sampling. The following equipment is required:
3.1.1 Sample Containers. Vials, glass, with butyl rubber septa,
Perkin-Elmer Corporation Numbers 0105-0129 (glass vials), B001-0728
(gray butyl rubber septum, plug style), 0105-0131 (butyl rubber
septa), or equivalent. The seal must be made from butyl rubber.
Silicone rubber seals are not acceptable.
3.1.2 Vial Sealer. Perkin-Elmer Number 105-0106, or equivalent.
3.1.3 Gas-Tight Syringe. Perkin-Elmer Number 00230117, or
equivalent.
3.1.4 The following equipment is required for sampling.
3.1.4.1 Tap.
3.1.4.2 Tubing. Telfon, 0.25-in. ID. Note: Mention of trade
names or specific products does not constitute endorsement by the
Environmental Protection Agency.
3.1.4.3 Cooling Coil. Stainless steel (304), 0.25 in.-ID,
equipped with a thermocouple at the coil outlet.
3.2 Analysis. The following equipment is required:
3.2.1 Balanced Pressure Headspace Sampler. Perkin-Elmer HS-6,
HS-100, or equivalent, equipped with a glass bead column instead of
a chromatographic column.
3.2.2 FID. An FID meeting the following specifications is
required:
3.2.2.1 Linearity. A linear response (5 percent)
over the operating range as demonstrated by the procedures
established in Section 6.1.2.
3.2.2.2 Range. A full scale range of 1 to 10,000 ppm CH4.
Signal attenuators shall be available to produce a minimum signal
response of 10 percent of full scale.
3.2.3 Data Recording System. Analog strip chart recorder or
digital integration system compatible with the FID for permanently
recording the output of the detector.
3.2.4 Thermometer. Capable of reading temperatures in the range
of 30 deg. to 60 deg.C with an accuracy of 0.1 deg.C.
4. Reagents
4.1 Analysis. The following items are required for analysis:
4.1.1 Hydrogen (H2). Zero grade.
4.1.2 Carrier Gas. Zero grade nitrogen, containing less than 1
ppm carbon (C) and less than 1 ppm carbon dioxide.
4.1.3 Combustion Gas. Zero grade air or oxygen as required by
the FID.
4.2 Calibration and Linearity Check.
4.2.1 Stock Cylinder Gas Standard. 100 percent propane. The
manufacturer shall:
(a) Certify the gas composition to be accurate to 3
percent or better (see Section 4.2.1.1);
(b) Recommend a maximum shelf life over which the gas
concentration does not change by greater than 5 percent
from the certified value; and
(c) Affix the date of gas cylinder preparation, certified
propane concentration, and recommended maximum shelf life to the
cylinder before shipment to the buyer.
4.2.1.1 Cylinder Standards Certification. The manufacturer shall
certify the concentration of the calibration gas in the cylinder by
(a) directly analyzing the cylinder and (b) calibrating his
analytical procedure on the day of cylinder analysis. To calibrate
his analytical procedure, the manufacturer shall use, as a minimum,
a three-point calibration curve.
4.2.1.2 Verification of Manufacturer's Calibration Standards.
Before using, the manufacturer shall verify each calibration
standard by (a) comparing it to gas mixtures prepared in accordance
with the procedure described in Section 7.1 of Method 106 of part
61, appendix B, or by (b) calibrating it against Standard Reference
Materials (SRM's) prepared by the National Bureau of Standards, if
such SRM's are available. The agreement between the initially
determined concentration value and the verification concentration
value shall be within 5 percent. The manufacturer must
reverify all calibration standards on a time interval consistent
with the shelf life of the cylinder standards sold.
5. Procedure
5.1 Sampling.
5.1.1 Install a sampling tap to obtain the sample at a point
which is most representative of the unexposed waste (where the waste
has had minimum opportunity to volatilize to the atmosphere).
Assemble the sampling apparatus as shown in Figure 25E-1.
BILLING CODE 6560-50-P
TR06DE94.000
BILLING CODE 6560-50-C
5.1.2 Begin sampling by purging the sample lines and cooling
coil with at least four volumes of waste. Collect the purged
material in a separate container and dispose of it properly.
5.1.3 After purging, stop the sample flow and transfer the
Teflon sampling tube to a sample container. Sample at a flow rate
such that the temperature of the waste is <10 deg.c=""><50 deg.f).="" fill="" the="" sample="" container="" halfway="">5 percent) and cap it
within 5 seconds. Store immediately in a cooler and cover with ice.
5.1.4 Alternative sampling techniques may be used upon the
approval of the Administrator.
5.2 Analysis.
5.2.1 Allow one hour for the headspace vials to equilibrate at
the temperature specified in the regulation. Allow the FID to warm
up until a stable baseline is achieved on the detector.
5.2.2 Check the calibration of the FID daily using the
procedures in Section 6.1.2.
5.2.3 Follow the manufacturer's recommended procedures for the
normal operation of the headspace sampler and FID.
5.2.4 Use the procedures in Sections 7.4 and 7.5 to calculate
the vapor phase organic vapor pressure in the samples.
5.2.5 Monitor the output of the detector to make certain that
the results are being properly recorded.
6. Operational Checks and Calibration
Maintain a record of performance of each item.
6.1 Use the procedures in Section 6.1.1 to calibrate the
headspace analyzer and FID and check for linearity before the system
is first placed in operation, after any shutdown longer than 6
months, and after any modification of the system.
6.1.1 Calibration and Linearity. Use the procedures in Section
6.2.1 of Method 18 of Part 60, Appendix A, to prepare the standards
and calibrate the flowmeters, using propane as the standard gas.
Fill the calibration standard vials halfway (5 percent)
with deionized water. Purge and fill the airspace with calibration
standard. Prepare a minimum of three calibration standards in
triplicate at concentrations that will bracket the applicable
cutoff. For a cutoff of 5.2 kPa, prepare nominal concentrations of
30,000, 50,000, and 70,000 ppm as propane. For a cutoff of 27.6 kPa,
prepare nominal concentrations of 200,000, 300,000, and 400,000 ppm
as propane.
6.1.1.1 Use the procedures in Section 5.2.3 to measure the FID
response of each standard. Use a linear regression analysis to
calculate the values for the slope (k) and the y-intercept (b). Use
the procedures in Sections 7.2 and 7.3 to test the calibration and
the linearity.
6.1.2 Daily FID Calibration Check. Check the calibration at the
beginning and at the end of the daily runs by using the following
procedures. Prepare two calibration standards at the nominal cutoff
concentration using the procedures in Section 6.1.1. Place one at
the beginning and one at the end of the daily run. Measure the FID
response of the daily calibration standard and use the values for k
and b from the most recent calibration to calculate the
concentration of the daily standard. Use an equation similar to 25E-
2 to calculate the percent difference between the daily standard and
Cs. If the difference is within 5 percent, then the previous
values for k and b may be used. Otherwise, use the procedures in
Section 6.1.1 to recalibrate the FID.
7. Calculations
7.1 Nomenclature.
A = Measurement of the area under the response curve, counts.
b = y-intercept of the linear regression line.
Ca = Measured vapor phase organic concentration of sample, ppm
as propane.
Cma = Average measured vapor phase organic concentration of
standard, ppm as propane.
Cm = Measured vapor phase organic concentration of standard,
ppm as propane.
Cs = Calculated standard concentration, ppm as propane.
k = Slope of the linear regression line.
Pbar = Atmospheric pressure at analysis conditions, mm Hg (in.
Hg).
P* = Organic vapor pressure in the sample, kPa (psi).
= 1.333 X 10-7 kPa/[(mm Hg)(ppm)], (4.91 X 10-7
psi/[(in. Hg)(ppm)])
7.2 Linearity. Use the following equation to calculate the
measured standard concentration for each standard vial.
Cm = k A + b Eq. 25E-1
7.2.1 Calculate the average measured standard concentration
(Cma) for each set of triplicate standards and use the
following equation to calculate the percent difference (PD) between
Cma and Cs.
TR06DE94.001
The instrument linearity is acceptable if the percent difference
is within five for each standard.
7.3 Relative Standard Deviation (RSD). Use the following
equation to calculate the RSD for each triplicate set of standards.
TR06DE94.002
The calibration is acceptable if the RSD is within five for each
standard concentration.
7.4 Concentration of organics in the headspace. Use the
following equation to calculate the concentration of vapor phase
organics in each sample.
Ca = k A + b Eq. 25E-4
7.5 Vapor Pressure of Organics in the Headspace Sample. Use the
following equation to calculate the vapor pressure of organics in
the sample.
P* = Pbar Ca Eq. 25E-5
* * * * *
PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
5. The authority citation for part 260 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935,
6937, 6938, 6939, and 6974.
6. Section 260.11 is amended by adding the following references to
the end of paragraph (a) and by revising the first sentence of
paragraph (b) to read as follows:
Sec. 260.11 References.
(a) * * *
API Publication 2517, Third Edition, February 1989, ``Evaporative
Loss from External Floating-Roof Tanks,'' available from the American
Petroleum Institute, 1220 L Street, Northwest, Washington, D.C. 20005.
``ASTM Standard Test Method for Vapor Pressure--Temperature
Relationship and Initial Decomposition Temperature of Liquids by
Isoteniscope,'' ASTM Standard D 2879-92, available from American
Society for Testing and Materials (ASTM), 1916 Race Street,
Philadelphia, Pennsylvania 19103;
* * * * *
(b) The references listed in paragraph (a) of this section are also
available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW., suite 700, Washington, DC. * * *
PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
8. The authority citation for part 262 continues to read as
follows:
Authority: 42 U.S.C. 6906, 6912(a), 6922, 6923, 6924, 6925, 6937
and 6938, unless otherwise noted.
8a. Section 262.34 is amended by revising paragraphs (a)(1)(i),
(a)(1)(ii) and (d)(2) as follows:
Sec. 262.34 Accumulation time.
(a) * * *
(1) * * *
(i) In containers and the generator complies with subparts I AA, BB
and CC of 40 CFR part 265; and/or
(ii) In tanks and the generator complies with subparts J, AA, BB
and CC of 40 CFR part 265, except Secs. 265.197(c) and 265.200; and/or
* * * * *
(d) * * *
(2) The generator complies with the requirements of subpart I of
part 265 of this chapter, except for Secs. 265.176 and 265.178;
* * * * *
PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
9. The authority citation for part 264 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6924 and 6925.
Subpart B--General Facility Standards
Sec. 264.13 [Amended]
10. In Sec. 264.13, paragraph (b)(6) is amended by adding
``264.1083,'' after the phrase ``as specified in Secs. 264.17, 264.314,
264.341, 264.1034(d), 264.1063(d),''.
11. In Sec. 264.13, paragraph (b)(8) is added to read as follows:
Sec. 264.13 General waste analysis.
* * * * *
(b) * * *
(8) For owners and operators seeking an exemption to the air
emission standards of subpart CC in accordance with Sec. 264.1082--
(i) The procedures and schedules for waste sampling and analysis,
and the analysis of test data to verify the exemption.
(ii) Each generator's notice and certification of the volatile
organic concentration in the waste if the waste is received from off
site.
* * * * *
Sec. 264.15 [Amended]
12. In Sec. 264.15, paragraph (b)(4) is amended by removing the
word ``and'' after the phrase ``frequencies called for in
Secs. 264.174, 264.193, 264.195, 264.226, 264.254, 264.278, 264.303,
264.347, 264.602, 264.1033, 264.1052, 264.1053,'' and adding
``264.1088, and 264.1091(b),'' after ``264.1058,''.
Subpart E--Manifest System, Recordkeeping, and Reporting
13. Section 264.73 is amended by revising paragraphs (b)(3) and
(b)(6) to read as follows:
Sec. 264.73 Operating record.
* * * * *
(b) * * *
(3) Records and results of waste analyses and waste determinations
performed as specified in Secs. 264.13, 264.17, 264.314, 264.341,
264.1034, 264.1063, 264.1083, 268.4(a), and 268.7 of this chapter.
* * * * *
(6) Monitoring, testing or analytical data, and corrective action
where required by subpart F of this part and Secs. 264.19, 264.191,
264.193, 264.195, 264.222, 264.223, 264.226, 264.252 through 264.254,
264.276, 264.278, 264.280, 264.302 through 264.304, 264.309, 264.347,
264.602, 264.1034(c) through 264.304(f), 264.1035, 264.1063(d) through
264.1063(i), 264.1064, 264.1088, 264.1089, and 264.1091.
* * * * *
14. Section 264.77 is amended by revising paragraph (c) to read as
follows:
Sec. 264.77 Additional reports.
* * * * *
(c) As otherwise required by subparts F, K through N, AA, BB, and
CC of this part.
Subpart I--Use and Management of Containers
15. Section 264.179 is added 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 requirements of subpart CC of this
part.
Subpart J--Tank Systems
16. Section 264.200 is added 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 requirements of subpart CC of this part.
Subpart K--Surface Impoundments
17. Section 264.232 is added 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 requirements of subpart CC
of this part.
Subpart X--Miscellaneous Unit
Sec. 264.601 [Amended]
18. The introductory text of Sec. 264.601 is amended by adding the
words ``and subparts AA through CC'' after ``subparts I through O''.
Subpart AA--Air Emission Standards for Process Vents
19. Section 264.1033 is amended by revising paragraph (k)(2) and
adding paragraph (m) to read as follows:
Sec. 264.1033 Standards: Closed-vent systems and control devices.
* * * * *
(k) * * *
(2) Closed-vent systems shall be monitored to determine compliance
with this section during the initial leak detection monitoring, which
shall be conducted by the date that the facility becomes subject to the
provisions of this section, annually, and at other times as requested
by the Regional Administrator. For the annual leak detection monitoring
after the initial leak detection monitoring, the owner or operator is
not required to monitor those closed-vent system components which
operate in vacuum service or those closed-vent system joints, seams, or
other connections that are permanently or semi-permanently sealed
(e.g., a welded joint between two sections of metal pipe or a bolted
and gasketed pipe flange).
* * * * *
(m) The owner or operator using a carbon adsorption system shall
document that all carbon removed from a carbon adsorption system to
comply with Sec. 264.1033(g) and Sec. 264.1033(h) is managed in one of
the following manners:
(1) Regenerated or reactivated in a thermal treatment unit that is
permitted under subpart X of this part;
(2) Incinerated by a process that is permitted under subpart O of
this part; or
(3) Burned in a boiler or industrial furnace that is permitted
under subpart H of part 266 of this chapter.
20. In part 264, subpart CC is added to read as follows:
Subpart CC--Air Emission Standards for Tanks, Surface Impoundments, and
Containers
Sec.
264.1080 Applicability.
264.1081 Definitions.
264.1082 Standards: General.
264.1083 Waste determination procedures.
264.1084 Standards: Tanks.
264.1085 Standards: Surface impoundments.
264.1086 Standards: Containers.
264.1087 Standards: Closed-vent systems and control devices.
264.1088 Inspection and monitoring requirements.
264.1089 Recordkeeping requirements.
264.1090 Reporting requirements.
264.1091 Alternative control requirements for tanks.
Subpart CC--Air Emission Standards for Tanks, Surface Impoundments,
and Containers
Sec. 264.1080 Applicability.
(a) The requirements of this subpart apply to owners and operators
of all facilities that treat, store, or dispose of hazardous waste in
tanks, surface impoundments, or containers subject to either subparts
I, J, or K of this part except as Sec. 264.1 and paragraph (b) of this
section provide otherwise.
(b) The requirements of this subpart do not apply to the following
waste management units at the facility:
(1) A waste management unit that holds hazardous waste placed in
the unit before June 5, 1995, and in which no hazardous waste is added
to the unit on or after June 5, 1995.
(2) A container that has a design capacity less than or equal to
0.1 m3.
(3) A tank in which an owner or operator has stopped adding
hazardous waste and the owner or operator has begun implementing or
completed closure pursuant to an approved closure plan.
(4) A surface impoundment in which an owner or operator has stopped
adding hazardous waste (except to implement an approved closure plan)
and the owner or operator has begun implementing or completed closure
pursuant to an approved closure plan.
(5) A waste management unit that is used solely for on-site
treatment or storage of hazardous waste that is generated as the result
of implementing remedial activities required under the corrective
action authorities of RCRA sections 3004(u), 3004(v) or 3008(h), CERCLA
authorities, or similar Federal or State authorities.
(6) A waste management unit that is used solely for the management
of radioactive mixed waste in accordance with all applicable
regulations under the authority of the Atomic Energy Act and the
Nuclear Waste Policy Act.
(c) For the owner and operator of a facility subject to this
subpart and who received a final permit under RCRA section 3005 prior
to June 5, 1995, the requirements of this subpart shall be incorporated
into the permit when the permit is reissued in accordance with the
requirements of 40 CFR 124.15 or reviewed in accordance with the
requirements of 40 CFR 270.50(d). Until such date when the owner and
operator receives a final permit incorporating the requirements of this
subpart, the owner and operator is subject to the requirements of 40
CFR part 265, subpart CC.
Sec. 264.1081 Definitions.
As used in this subpart, all terms shall have the meaning given to
them in 40 CFR 265.1081, the Act, and parts 260 through 266 of this
chapter.
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 emissions from each
waste management unit in accordance with standards specified in
Secs. 264.1084 through 264.1087 of this subpart, as applicable to the
waste management unit, except as provided for in paragraph (c) of this
section.
(c) A waste management unit is exempted from standards specified in
Secs. 264.1084 through 264.1087 of this subpart provided that all
hazardous waste placed in the waste management unit is determined by
the owner or operator to meet either of the following conditions:
(1) The average VO concentration of the hazardous waste at the
point of waste origination is less than 100 parts per million by weight
(ppmw). The average VO concentration shall be determined by the
procedures specified in Sec. 264.1083(a) of this subpart.
(2) The organic content of the hazardous waste 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 50 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 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 in
accordance with 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) All of the materials entering the process are hazardous wastes.
(B) From the point of waste origination through the point where the
hazardous waste enters the process, the hazardous waste is continuously
managed in waste management units which use air emission controls in
accordance with the standards specified in Secs. 264.1084 through
264.1087 of this subpart, as applicable to the waste management unit.
(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 hazardous waste streams entering the process or 100
ppmw, whichever value is lower. The average VO concentration of each
individual hazardous waste stream at the point of waste origination
shall be determined using the procedure 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 procedure
specified in Sec. 264.1083(b) of this subpart.
(vi) A hazardous waste incinerator for which the owner or operator
has either:
(A) Been issued a final permit under 40 CFR part 270, and designs
and operates the unit in accordance with the requirements of subpart O
of this part; or
(B) Has certified compliance with the interim status requirements
of 40 CFR part 265, subpart O.
(vii) A boiler or industrial furnace for which the owner or
operator has either:
(A) Been issued a final permit under 40 CFR part 270, and designs
and operates the unit in accordance with the requirements of 40 CFR
part 266, subpart H, or
(B) Has certified compliance with the interim status requirements
of 40 CFR part 266, subpart H.
(d) When a process is used for the purpose of treating a hazardous
waste to meet one of the sets of conditions specified in paragraphs
(c)(2)(i) through (c)(2)(v) of this section, each material removed from
or exiting the process that is not a hazardous waste but has an average
VO concentration equal to or greater than 100 ppmw shall be managed in
a waste management unit in accordance with the requirements of
paragraph (b) of this section.
(e) 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 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.
(3) 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 (e)(1) of this section shall be used to establish compliance
with the requirements of this subpart.
(4) 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 100 ppmw shall constitute noncompliance with this subpart
except in a case as provided for in paragraph (e)(4)(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 100 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 100 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.
Sec. 264.1083 Waste determination procedures.
(a) Waste determination procedure for 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 waste management units 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 VO concentration at the point of waste origination for a
hazardous waste shall be determined in accordance with the procedures
specified in 40 CFR 265.1084(a)(2) through (a)(6) of this chapter.
(b) Waste determination procedures for treated hazardous waste.
(1) An owner or operator shall perform the applicable waste
determinations for each treated hazardous waste placed in waste
management units 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)(10), 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 tanks using air emission
controls in accordance with standards specified in Sec. 264.1084(c) of
this subpart.
(2) The maximum organic vapor pressure of the hazardous waste shall
be determined in accordance with the procedures specified in 40 CFR
265.1084(c)(2) through (c)(4).
Sec. 264.1084 Standards: Tanks.
(a) This section applies to owners and operators of tanks subject
to this subpart into which any hazardous waste is placed except for the
following tanks:
(1) A tank in which all hazardous waste entering the tank meets the
conditions specified in Sec. 264.1082(c) of this subpart; or
(2) A tank used for biological treatment of hazardous waste in
accordance with the requirements of Sec. 264.1082(c)(2)(iv) of this
subpart.
(b) The owner or operator shall place the hazardous waste into one
of the following tanks:
(1) A tank equipped with a cover (e.g., a fixed roof) that is
vented through a closed-vent system to a control device in accordance
with the requirements specified in paragraph (d) of this section;
(2) A tank equipped with a fixed roof and internal floating roof in
accordance with the requirements of Sec. 264.1091 of this subpart;
(3) A tank equipped with an external floating roof in accordance
with the requirements of Sec. 264.1091 of this subpart; or
(4) A pressure tank that is designed to operate as a closed system
such that the tank operates with no detectable organic emissions at all
times that hazardous waste is in the tank except as provided for in
paragraph (g) of this section.
(c) As an alternative to complying with paragraph (b) of this
section, an owner or operator may place hazardous waste in a tank
equipped with a cover (e.g., a fixed roof) meeting the requirements
specified in paragraph (d)(1) of this section when the hazardous waste
is determined to meet all of the following conditions:
(1) The hazardous waste is neither mixed, stirred, agitated, nor
circulated within the tank by the owner or operator using a process
that results in splashing, frothing, or visible turbulent flow on the
waste surface during normal process operations;
(2) The hazardous waste in the tank is not heated by the owner or
operator except during conditions requiring that the waste be heated to
prevent the waste from freezing or to maintain adequate waste flow
conditions for continuing normal process operations;
(3) The hazardous waste in the tank is not treated by the owner or
operator using a waste stabilization process or a process that produces
an exothermic reaction; and
(4) The maximum organic vapor pressure of the hazardous waste in
the tank as determined using the procedure specified in
Sec. 264.1083(c) of this subpart is less than the following applicable
value:
(i) If the tank design capacity is equal to or greater than 151
m3, then the maximum organic vapor pressure shall be less than 5.2
kPa;
(ii) If the tank design capacity is equal to or greater than 75
m3 but less than 151 m3, then the maximum organic vapor
pressure shall be less than 27.6 kPa; or
(iii) If the tank design capacity is less than 75 m3, then the
maximum organic vapor pressure shall be less than 76.6 kPa.
(d) To comply with paragraph (b)(1) of this section, the owner or
operator shall design, install, operate, and maintain a cover that
vents the organic vapors emitted from hazardous waste in the tank
through a closed-vent system connected to a control device.
(1) The cover shall be designed and operated to meet the following
requirements:
(i) The cover and all cover openings (e.g., access hatches,
sampling ports, and gauge wells) shall be designed to operate with no
detectable organic emissions when all cover openings are secured in a
closed, sealed position.
(ii) Each cover opening shall be secured in a closed, sealed
position (e.g., covered by a gasketed lid or cap) at all times that
hazardous waste is in the tank except as provided for in paragraph (f)
of this section.
(2) The closed-vent system and control device shall be designed and
operated in accordance with the requirements of Sec. 264.1087 of this
subpart.
(e) The owner and operator shall install, operate, and maintain
enclosed pipes or other closed-systems, EPA considers a drain system
that meets the requirements of 40 CFR 61.346(a)(1) or 40 CFR
61.346(b)(1) through (b)(3) to be a ``closed systems'', to:
(1) Transfer all hazardous waste to the tank from another tank,
surface impoundment, or container subject to this subpart except for
those hazardous wastes that meet the conditions specified in
Sec. 264.1082(c) of this subpart; and
(2) Transfer all hazardous waste from the tank to another tank,
surface impoundment, or container subject to this subpart except for
those hazardous wastes that meet the conditions specified in
Sec. 264.1082(c) of this subpart.
(f) Each cover opening shall be secured in a closed, sealed
position (e.g., covered by a gasketed lid) at all times that hazardous
waste is in the tank except when it is necessary to use the cover
opening to:
(1) Add, remove, inspect, or sample the material in the tank;
(2) Inspect, maintain, repair, or replace equipment located inside
the tank; or
(3) Vent gases or vapors from the tank to a closed-vent system
connected to a control device that is designed and operated in
accordance with the requirements of Sec. 264.1087 of this subpart.
(g) One or more safety devices which vent directly to the
atmosphere may be used on the tank, cover, closed-vent system, or
control device provided each safety device meets all of the following
conditions:
(1) The safety device is not used for planned or routine venting of
organic vapors from the tank or closed-vent system connected to a
control device; and
(2) The safety device remains in a closed, sealed position at all
times except when an unplanned event requires that the device open for
the purpose of preventing physical damage or permanent deformation of
the tank, cover, closed-vent system, or control device in accordance
with good engineering and safety practices for handling flammable,
combustible, explosive, or other hazardous materials. An example of an
unplanned event is a sudden power outage.
Sec. 264.1085 Standards: Surface impoundments.
(a) This section applies to owners and operators of surface
impoundments subject to this subpart into which any hazardous waste is
placed except for the following surface impoundments:
(1) A surface impoundment in which all hazardous waste entering the
surface impoundment meets the conditions specified in Sec. 264.1082(c)
of this subpart; or
(2) A surface impoundment used for biological treatment of
hazardous waste in accordance with the requirements of
Sec. 264.1082(c)(2)(iv) of this subpart.
(b) The owner or operator shall place the hazardous waste into a
surface impoundment equipped with a cover (e.g., an air-supported
structure or a rigid cover) that is vented through a closed-vent system
to a control device meeting the requirements specified in paragraph (d)
of this section.
(c) As an alternative to complying with paragraph (b) of this
section, an owner or operator may place hazardous waste in a surface
impoundment equipped with a floating membrane cover meeting the
requirements specified in paragraph (e) of this section when the
hazardous waste is determined to meet all of the following conditions:
(1) The hazardous waste is neither mixed, stirred, agitated, nor
circulated within the surface impoundment by the owner or operator
using a process that results in splashing, frothing, or visible
turbulent flow on the waste surface during normal process operations;
(2) The hazardous waste in the surface impoundment is not heated by
the owner or operator; and
(3) The hazardous waste is not treated by the owner or operator
using a waste stabilization process or a process that produces an
exothermic reaction.
(d) To comply with paragraph (b)(1) of this section, the owner or
operator shall design, install, operate, and maintain a cover that
vents the organic vapors emitted from hazardous waste in the surface
impoundment through a closed- vent system connected to a control
device.
(1) The cover shall be designed and operated to meet the following
requirements:
(i) The cover and all cover openings (e.g., access hatches,
sampling ports, and gauge wells) shall be designed to operate with no
detectable organic emissions when all cover openings are secured in a
closed, sealed position.
(ii) Each cover opening shall be secured in the closed, sealed
position (e.g., covered by a gasketed lid or cap) at all times that
hazardous waste is in the surface impoundment except as provided for in
paragraph (g) of this section.
(iii) The closed-vent system and control device shall be designed
and operated in accordance with Sec. 264.1087 of this subpart.
(e) To comply with paragraph (c) of this section, the owner or
operator shall design, install, operate, and maintain a floating
membrane cover that meets all of the requirements specified in 40 CFR
265.1086(e)(1) through (e)(4).
(f) The owner or operator shall install, operate, and maintain
enclosed pipes or other closed-systems, EPA considers a drain system
that meets the requirements of 40 CFR 61.346(a)(1) or 40 CFR
61.346(b)(1) through (b)(3) to be a ``closed system'', to:
(1) Transfer all hazardous waste to the surface impoundment from
another tank, surface impoundment, or container subject to this subpart
except for those hazardous wastes that meet the conditions specified in
Sec. 264.1082(c) of this subpart; and
(2) Transfer all hazardous waste from the surface impoundment to
another tank, surface impoundment, or container subject to this subpart
except for those hazardous wastes that meet the conditions specified in
Sec. 264.1082(c) of this subpart.
(g) Each cover opening shall be secured in the closed, sealed
position (e.g., a cover by a gasketed lid or cap) at all times that
hazardous waste is in the surface impoundment except when it is
necessary to use the cover opening to:
(1) Add, remove, inspect, or sample the material in the surface
impoundment;
(2) Inspect, maintain, repair, or replace equipment located
underneath the cover;
(3) Remove treatment residues from the surface impoundment in
accordance with the requirements of 40 CFR 268.4; or
(4) Vent gases or vapors from the surface impoundment to a closed-
vent system connected to a control device that is designed and operated
in accordance with the requirements of Sec. 264.1087 of this subpart.
(h) One or more safety devices that vent directly to the atmosphere
may be installed on the cover, closed-vent system, or control device
provided each device meets all of the following conditions:
(1) The safety device is not used for planned or routine venting of
organic vapors from the surface impoundment or the closed-vent system
connected to a control device; and
(2) The safety device remains in a closed, sealed position at all
times except when an unplanned event requires that the device open for
the purpose of preventing physical damage or permanent deformation of
the cover, closed-vent system, or control device in accordance with
good engineering and safety practices for handling flammable,
combustible, explosive, or other hazardous materials. An example of an
unplanned event is a sudden power outage.
Sec. 264.1086 Standards: Containers.
(a) This section applies to the owners and operators of containers
having design capacities greater than 0.1 m3 subject to this
subpart into which any hazardous waste is placed except for a container
in which all hazardous waste entering the container meets the
conditions specified in Sec. 264.1082(c) of this subpart.
(b) An owner or operator shall manage hazardous waste in containers
using the following procedures:
(1) The owner or operator shall place the hazardous waste into one
of the following containers except when a container is used for
hazardous waste treatment as required by paragraph (b)(2) of this
section:
(i) A container that is equipped with a cover which operates with
no detectable organic emissions when all container openings (e.g.,
lids, bungs, hatches, and sampling ports) are secured in a closed,
sealed position. The owner or operator shall determine that a container
operates with no detectable emissions by testing each opening on the
container for leaks in accordance with Method 21 in 40 CFR part 60,
appendix A the first time any portion of the hazardous waste is placed
into the container. If a leak is detected and cannot be repaired
immediately, the hazardous waste shall be removed from the container
and the container not used to meet the requirements of this paragraph
until the leak is repaired and the container is retested.
(ii) A container having a design capacity less than or equal to
0.46 m3 that is equipped with a cover and complies with all
applicable Department of Transportation regulations on packaging
hazardous waste for transport under 49 CFR part 178.
(A) A container that is managed in accordance with the requirements
of 49 CFR part 178 for the purpose of complying with this subpart is
not subject to any exceptions to the 49 CFR part 178 regulations,
except as noted in paragraph (b)(1)(ii)(B) of this section.
(B) A lab pack that is managed in accordance with the requirements
of 49 CFR part 178 for the purpose of complying with this subpart may
comply with the exceptions for combination packagings specified in 49
CFR 173.12(b).
(iii) A container that is attached to or forms a part of any truck,
trailer, or railcar; and that has been demonstrated within the
preceding 12 months to be organic vapor tight when all container
openings are in a closed, sealed position (e.g., the container hatches
or lids are gasketed and latched). For the purpose of meeting the
requirements of this paragraph, a container is organic vapor tight if
the container sustains a pressure change of not more than 750 pascals
within 5 minutes after it is pressurized to a minimum of 4,500 pascals.
This condition is to be demonstrated using the pressure test specified
in Method 27 of 40 CFR part 60, appendix A, and a pressure measurement
device which has a precision of 2.5 mm water and which is
capable of measuring above the pressure at which the container is to be
tested for vapor tightness.
(2) An owner or operator treating hazardous waste in a container by
either a waste stabilization process, any process that requires the
addition of heat to the waste, or any process that produces an
exothermic reaction shall meet the following requirements:
(i) Whenever it is necessary for the container to be open during
the treatment process, the container shall be located inside an
enclosure that is vented through a closed-vent system to a control
device.
(ii) The enclosure shall be a structure that is designed and
operated in accordance with the following requirements:
(A) The enclosure shall be a structure that is designed and
operated with sufficient airflow into the structure to capture the
organic vapors emitted from the hazardous waste in the container and
vent the vapors through the closed-vent system to the control device.
(B) The enclosure may have permanent or temporary openings to allow
worker access; passage of containers through the enclosure by conveyor
or other mechanical means; entry of permanent mechanical or electrical
equipment; or to direct airflow into the enclosure. The pressure drop
across each opening in the enclosure shall be maintained at a pressure
below atmospheric pressure such that whenever an open container is
placed inside the enclosure no organic vapors released from the
container exit the enclosure through the opening. The owner or operator
shall determine that an enclosure achieves this condition by measuring
the pressure drop across each opening in the enclosure. If the pressure
within the enclosure is equal to or greater than atmospheric pressure
then the enclosure does not meet the requirements of this section.
(iii) 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) An owner or operator transferring hazardous waste into a
container having a design capacity greater than 0.46 m\3\ shall meet
the following requirements:
(i) Hazardous waste transfer by pumping shall be performed using a
conveyance system that uses a tube (e.g., pipe, hose) to add the waste
into the container. During transfer of the waste into the container,
the cover shall remain in place and all container openings shall be
maintained in a closed, sealed position except for those openings
through which the tube enters the container and as provided for in
paragraph (c) of this section. The tube shall be positioned in a manner
such that either the:
(A) Tube outlet continuously remains submerged below the waste
surface at all times waste is flowing through the tube;
(B) Lower bottom edge of the tube outlet is located at a distance
no greater than two inside diameters of the tube or 15.25 cm, whichever
distance is greater, from the bottom of the container at all times
waste is flowing through the tube; or
(C) Tube is connected to a permanent port mounted on the bottom of
the container so that the lower edge of the port opening inside the
container is located at a distance equal to or less than 15.25 cm from
the container bottom.
(ii) Hazardous waste transferred by a means other than pumping
shall be performed such that during transfer of the waste into the
container, the cover remains in place and all container openings are
maintained in a closed, sealed position except for those openings
through which the hazardous waste is added and as provided for in
paragraph (d) of this section.
(c) Each container opening shall be maintained in a closed, sealed
position (e.g., covered by a gasketed lid) at all times that hazardous
waste is in the container except when it is necessary to use the
opening to:
(1) Add, remove, inspect, or sample the material in the container;
(2) Inspect, maintain, repair, or replace equipment located inside
the container; or
(3) Vent gases or vapors from a cover located over or enclosing an
open container to a closed-vent system connected to a control device
that is designed and operated in accordance with the requirements of
Sec. 264.1087 of this subpart.
(d) One or more safety devices that vent directly to the atmosphere
may be used on the container, cover, enclosure, closed-vent system, or
control device provided each device meets all of the following
conditions:
(1) The safety device is not used for planned or routine venting of
organic vapors from the container, cover, enclosure, or closed-vent
system connected to a control device; and
(2) The safety device remains in a closed, sealed position at all
times except when an unplanned event requires that the device open for
the purpose of preventing physical damage or permanent deformation of
the container, cover, enclosure, closed-vent system, or control device
in accordance with good engineering and safety practices for handling
flammable, combustible, explosive, or other hazardous materials. An
example of an unplanned event is a sudden power outage.
Sec. 264.1087 Standards: Closed-vent systems and control devices.
(a) This section applies to each closed-vent system and control
device installed and operated by the owner or operator to control air
emissions in accordance with standards of this subpart.
(b) The closed-vent system shall meet the following requirements:
(1) The closed-vent system shall route the gases, vapors, and fumes
emitted from the hazardous waste in the waste management unit to a
control device that meets the requirements specified in paragraph (c)
of this section.
(2) The closed-vent system shall be designed and operated in
accordance with the requirements specified in Sec. 264.1033(k) of this
part.
(3) If the closed-vent system contains one or more bypass devices
that could be used to divert all or a portion of the gases, vapors, or
fumes from entering the control device, the owner or operator shall
meet the following requirements:
(i) For each bypass device except as provided for in paragraph
(b)(3)(ii) of this section, the owner or operator shall either:
(A) Install, calibrate, maintain, and operate a flow indicator at
the inlet to the bypass device that indicates at least once every 15
minutes whether gas, vapor, or fume flow is present in the bypass
device; or
(B) Secure a valve installed at the inlet to the bypass device in
the closed position using a car-seal or a lock-and-key type
configuration. The owner or operator shall visually inspect the seal or
closure mechanism at least once every month to verify that the valve is
maintained in the closed position.
(ii) Low leg drains, high point bleeds, analyzer vents, open-ended
valves or lines, and safety devices are not subject to the requirements
of paragraph (b)(3)(i) of this section.
(c) The control device shall meet the following requirements:
(1) The control device shall be one of the following devices:
(i) A control device designed and operated to reduce the total
organic content of the inlet vapor stream vented to the control device
by at least 95 percent by weight;
(ii) An enclosed combustion device designed and operated in
accordance with the requirements of Sec. 264.1033(c) of this part; or
(iii) A flare designed and operated in accordance with the
requirements of Sec. 264.1033(d) of this part.
(2) The control device shall be operating at all times when gases,
vapors, or fumes are vented from the waste management unit through the
closed-vent system to the control device.
(3) The owner or operator using a carbon adsorption system to
comply with paragraph (c)(1) of this section shall operate and maintain
the control device in accordance with the following requirements:
(i) Following the initial startup of the control device, all
activated carbon in the control device shall be replaced with fresh
carbon on a regular basis in accordance with the requirements of
Sec. 264.1033(g) or Sec. 264.1033(h) of this part.
(ii) All carbon removed from the control device shall be managed in
accordance with the requirements of Sec. 264.1033(m) of this part.
(4) An owner or operator using a control device other than a
thermal vapor incinerator, flare, boiler, process heater, condenser, or
carbon adsorption system to comply with paragraph (c)(1) of this
section shall operate and maintain the control device in accordance
with the requirements of Sec. 264.1033(j) of this part.
(5) The owner or operator shall demonstrate that a control device
achieves the performance requirements of paragraph (c)(1) of this
section as follows:
(i) An owner or operator shall demonstrate using either a
performance test as specified in paragraph (c)(5)(iii) of this section
or a design analysis as specified in paragraph (c)(5)(iv) of this
section the performance of each control device except for the
following:
(A) A flare;
(B) A boiler or process heater with a design heat input capacity of
44 megawatts or greater;
(C) A boiler or process heater into which the vent stream is
introduced with the primary fuel;
(D) A boiler or process heater burning hazardous waste for which
the owner or operator has been issued a final permit under 40 CFR part
270 and designs and operates the unit in accordance with the
requirements of 40 CFR part 266, subpart H; or
(E) A boiler or process heater burning hazardous waste for which
the owner or operator has certified compliance with the interim status
requirements of 40 CFR part 266, subpart H.
(ii) An owner or operator shall demonstrate the performance of each
flare in accordance with the requirements specified in
Sec. 264.1033(e).
(iii) For a performance test conducted to meet the requirements of
paragraph (c)(5)(i) of this section, the owner or operator shall use
the test methods and procedures specified in Sec. 264.1034(c)(1)
through (c)(4).
(iv) For a design analysis conducted to meet the requirements of
paragraph (c)(5)(i) of this section, the design analysis shall meet the
requirements specified in Sec. 264.1035(b)(4)(iii).
(v) The owner or operator shall demonstrate that a carbon
adsorption system achieves the performance requirements of paragraph
(c)(1) of this section based on the total quantity of organics vented
to the atmosphere from all carbon adsorption system equipment that is
used for organic adsorption, organic desorption or carbon regeneration,
organic recovery, and carbon disposal.
(6) If the owner or operator and the Regional Administrator do not
agree on a demonstration of control device performance using a design
analysis then the disagreement shall be resolved using the results of a
performance test performed by the owner or operator in accordance with
the requirements of paragraph (c)(5)(iii) of this section. The Regional
Administrator may choose to have an authorized representative observe
the performance test.
Sec. 264.1088 Inspection and monitoring requirements.
(a) This section applies to an owner or operator using air emission
controls in accordance with the requirements of Sec. 264.1084 through
Sec. 264.1087 of this subpart.
(b) Each cover used in accordance with requirements of
Sec. 264.1084 through Sec. 264.1086 of this subpart shall be visually
inspected and monitored for detectable organic emissions by the owner
or operator using the procedure specified in 40 CFR 265.1089(f)(1)
through (f)(7) except as follows:
(1) An owner or operator is exempted from performing the cover
inspection and monitoring requirements specified in 40 CFR
265.1089(f)(1) through (f)(7) for the following tank covers:
(i) A tank internal floating roof that is inspected and monitored
in accordance with the requirements of Sec. 264.1091 of this subpart;
or
(ii) A tank external floating roof that is inspected and monitored
in accordance with the requirements of Sec. 264.1091 of this subpart.
(2) If a tank is buried partially or entirely underground, an owner
or operator is required to perform the cover inspection and monitoring
requirements specified in 40 CFR 265.1089(f)(1) through (f)(7) only for
those portions of the tank cover and those connections to the tank
cover or tank body (e.g. fill ports, access hatches, gauge wells, etc.)
that extend to or above the ground surface and can be opened to the
atmosphere.
(3) An owner or operator is exempted from performing the cover
inspection and monitoring requirements specified in 40 CFR
265.1089(f)(1) through (f)(7) for a container that meets all
requirements specified in either Sec. 264.1086(b)(1)(ii) or
Sec. 264.1086(b)(1)(iii) of this subpart.
(4) An owner or operator is exempted from performing the cover
inspection and monitoring requirements specified in 40 CFR
265.1089(f)(1) through (f)(7) for an enclosure used to control air
emissions from containers in accordance with the requirements of
Sec. 264.1086(b)(2) of this subpart.
(c) Each closed-vent system used in accordance with the
requirements of Sec. 264.1087 shall be inspected and monitored by the
owner or operator in accordance with the procedure specified in
Sec. 264.1033(k).
(d) Each control device used in accordance with the requirements of
Sec. 264.1087 of this subpart shall be inspected and monitored by the
owner or operator in accordance with the procedures specified in
Sec. 264.1033(f) and Sec. 264.1033(i).
(e) The owner or operator shall develop and implement a written
plan and schedule to perform all inspection and monitoring requirements
of this section. The owner or operator shall incorporate this plan and
schedule into the facility inspection plan required under Sec. 264.15.
Sec. 264.1089 Recordkeeping requirements.
(a) Each owner or operator of a facility subject to requirements in
this subpart shall record and maintain the following information as
applicable:
(1) Documentation for each cover installed on a tank in accordance
with the requirements of Sec. 264.1084(b)(2) or Sec. 264.1084(b)(3) of
this subpart 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
265.1091(c).
(2) Documentation for each floating membrane cover installed on a
surface impoundment in accordance with the requirements of
Sec. 264.1085(c) of this subpart 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 265.1086(e).
(3) Documentation for each enclosure used to control air emissions
from containers in accordance with the requirements of
Sec. 264.1086(b)(2)(i) of this subpart that includes information
prepared by the owner or operator or provided by the manufacturer or
vendor describing the enclosure design, and certification by the owner
or operator that the enclosure meets the specifications listed in
Sec. 264.1086(b)(2)(ii) of this subpart.
(4) Documentation for each closed-vent system and control device
installed in accordance with the requirements of Sec. 264.1087 of this
subpart 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 (a)(4)(ii) of this section or by performance tests as
specified in paragraph (a)(4)(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 Sec. 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 Sec. 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 Sec. 264.1035(b)(3) and all test results.
(iv) Information as required by Sec. 264.1035(c)(1) and (c)(2).
(5) Records for all Method 27 tests performed by the owner or
operator for each container used to meet the requirements of
Sec. 264.1086(b)(1)(iii) of this subpart.
(6) Records for all visual inspections conducted in accordance with
the requirements of Sec. 264.1088 of this subpart.
(7) Records for all monitoring for detectable organic emissions
conducted in accordance with the requirements of Sec. 264.1088 of this
subpart.
(8) Records of the date of each attempt to repair a leak, repair
methods applied, and the date of successful repair.
(9) Records for all continuous monitoring conducted in accordance
with the requirements of Sec. 264.1088 of this subpart.
(10) 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.
(11) Records for all inspections of each cover installed on a tank
in accordance with the requirements of Sec. 264.1084(b)(2) or
Sec. 264.1084(b)(3) of this subpart that includes information as listed
in 40 CFR 265.1091(c).
(b) An owner or operator electing to use air emission controls for
a tank in accordance with the conditions specified in Sec. 264.1084(c)
of this subpart shall record the following information:
(1) Date and time each waste sample is collected for direct
measurement of maximum organic vapor pressure in accordance with
Sec. 264.1083(c) of this subpart.
(2) Results of each determination of the maximum organic vapor
pressure of the waste in a tank performed in accordance with
Sec. 264.1083(c) of this subpart.
(3) Records specifying the tank dimensions and design capacity.
(c) An owner or operator electing to use air emission controls for
a tank in accordance with the requirements of Sec. 264.1091 of this
subpart shall record the information required by Sec. 264.1091(c) of
this subpart.
(d) An owner or operator electing not to use air emission controls
for a particular tank, surface impoundment, or container subject to
this subpart in accordance with the conditions specified in
Sec. 264.1082(c) of this subpart shall record the information used by
the owner or operator 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.
(e) An owner or operator electing to comply with requirements in
accordance with Sec. 264.1082(c)(2)(v) or Sec. 264.1082(c)(2)(vi) of
this subpart shall record the identification number for the
incinerator, boiler, or industrial furnace in which the hazardous waste
is treated.
(f) An owner or operator designating a cover as unsafe to inspect
and monitor pursuant to 40 CFR 265.1089(f)(5) or difficult to inspect
and monitor pursuant to 40 CFR 265.1089(f)(6) shall record in a log
that is kept in the facility operating record the following
information:
(1) A list of identification numbers for tanks with covers that are
designated as unsafe to inspect and monitor in accordance with the
requirements of 40 CFR 265.1089(f)(5), an 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.
(2) A list of identification numbers for tanks with covers that are
designated as difficult to inspect and monitor in accordance with the
requirements of 40 CFR 265.1089(f)(6), an explanation for each cover
stating why the cover is difficult to inspect and monitor, and the plan
and schedule for inspecting and monitoring each cover.
(g) All records required by paragraphs (a) through (f) of this
section except as required in paragraphs (a)(1) through (a)(4) of this
section shall be maintained in the operating record for a minimum of 3
years. All records required by paragraphs (a)(1) through (a)(4) of this
section shall be maintained in the operating record until the air
emission control equipment is replaced or otherwise no longer in
service.
(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.
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) 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 100 ppmw at the point of waste origination; or
placing in the waste management unit a treated hazardous waste which
fails to meet the applicable conditions specified in
Sec. 264.1082(c)(2)(i) through (c)(2)(v) 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 reoccurrence 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(c)(1) through (c)(4) 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 reoccurrence of the
noncompliance. The report shall be signed and dated by an authorized
representative of the owner or operator.
(c) Each owner or operator using a control device in accordance
with the requirements of Sec. 264.1087 of this subpart shall submit a
semiannual written report to the Regional Administrator excepted as
provided for in paragraph (d) of this section. The report shall
describe each occurrence during the previous 6-month period when a
control device is operated continuously for 24 hours or longer in
noncompliance with the applicable operating values defined in
Sec. 264.1035(c)(4) or when a flare is operated with visible emissions
as defined in Sec. 264.1033(d). The written report shall include the
EPA identification number, facility name and address, and an
explanation why the control device could not be returned to compliance
within 24 hours, and actions taken to correct the noncompliance. The
report shall be signed and dated by an authorized representative of the
owner or operator.
(d) A report to the Regional Administrator in accordance with the
requirements of paragraph (c) of this section is not required for a 6-
month period during which all control devices subject to this subpart
are operated by the owner or operator such that during no period of 24
hours or longer did a control device operate continuously in
noncompliance with the applicable operating values defined in
Sec. 264.1035(c)(4) or a flare operate with visible emissions as
defined in Sec. 264.1033(d).
Sec. 264.1091 Alternative control requirements for tanks.
(a) This section applies to owners and operators of tanks electing
to comply with Sec. 264.1084(b)(2) or Sec. 264.1084(b)(3) of this
subpart.
(1) The owner or operator electing to comply with
Sec. 264.1084(b)(2) of this subpart shall design, install, operate, and
maintain a fixed roof and internal floating roof that meet the
requirements specified in 40 CFR 265.1091(a)(1)(i) through (a)(1)(ix).
(2) The owner or operator electing to comply with
Sec. 264.1084(b)(3) of this subpart shall design, install, operate, and
maintain an external floating roof that meets the requirements
specified in 40 CFR 265.1091(a)(2)(i) through (a)(2)(iii).
(b) The owner or operator shall inspect and monitor the control
equipment in accordance with the following requirements:
(1) For a tank equipped with a fixed roof and internal floating
roof in accordance with the requirements of paragraph (a)(1) of this
section, the owner or operator shall perform the inspection and
monitoring requirements specified in 40 CFR 265.1091(b)(1).
(2) For a tank equipped with an external floating roof in
accordance with the requirements of paragraph (a)(2) of this section,
the owner or operator shall perform the inspection and monitoring
requirements specified in 40 CFR 265.1091(b)(2).
(c) The owner or operator shall record the following information in
the operating record in accordance with the requirements of
Sec. 264.1089(a)(1) and (a)(11) of this subpart:
(1) For a tank equipped with a fixed roof and internal floating
roof in accordance with the requirements of paragraph (a)(1) of this
section, the owner or operator shall record the information listed in
40 CFR 265.1091(c)(1).
(2) For a tank equipped with an external floating roof in
accordance with the requirements of paragraph (a)(1) of this section,
the owner or operator shall record the information listed in 40 CFR
265.1091(c)(2).
PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
21. The authority citation for part 265 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6924, 6925, and 6935.
Subpart A--General
22. Section 265.1(b) is amended by revising the first sentence to
read as follows:
Sec. 265.1 Purpose, scope, and applicability.
* * * * *
(b) Except as provided in Sec. 265.1080(b), the standards of this
part, and of 40 CFR 264.552 and 40 CFR 264.553, apply to owners and
operators of facilities that treat, store or dispose of hazardous waste
who have fully complied with the requirements for interim status under
section 3005(e) of RCRA and Sec. 270.10 of this chapter until either a
permit is issued under section 3005 of RCRA or until applicable part
265 closure and post-closure responsibilities are fulfilled, and to
those owners and operators of facilities in existence on November 19,
1980 who have failed to provide timely notification as required by
section 3010(a) of RCRA and/or failed to file Part A of the permit
application as required by 40 CFR 270.10 (e) and (g). * * *
* * * * *
Subpart B--General Facility Standards
Sec. 265.13 [Amended]
23. In Sec. 265.13, paragraph (b)(6) is amended by adding
``265.1084,'' after the phrase ``as specified in Secs. 265.200,
265.225, 265.252, 265.273, 265.314, 265.341, 265.375, 265.402,
265.1034(d), 265.1063(d),''.
24. In Sec. 265.13, paragraph (b)(8) is added to read as follows:
Sec. 265.13 General waste analysis.
* * * * *
(b) * * *
(8) For owners and operators seeking an exemption to the air
emission standards of Subpart CC of this part in accordance with
Sec. 265.1083--
(i) The procedures and schedules for waste sampling and analysis,
and the analysis of test data to verify the exemption.
(ii) Each generator's notice and certification of the volatile
organic concentration in the waste if the waste is received from
offsite.
* * * * *
Sec. 265.15 [Amended]
25. In Sec. 265.15, paragraph (b)(4) is amended by removing the
word ``and'' after the phrase ``frequencies called for in
Secs. 265.174, 265.193, 265.195, 265.226, 265.260, 265.278, 265.304,
265.347, 265.377, 265.403, 265.1033, 265.1052, 265.1053,'' and adding
``265.1089, and 265.1091(b),'' after ``265.1058,''.
Subpart E--Manifest System, Recordkeeping, and Reporting
26. Section 265.73 is amended by revising paragraphs (b)(3) and
(b)(6) to read as follows:
Sec. 265.73 Operating record.
* * * * *
(b) * * *
(3) Records and results of waste analysis, waste determinations,
and trial tests performed as specified in Secs. 265.13, 265.200,
265.225, 265.252, 265.273, 265.314, 265.341, 265.375, 265.402,
265.1034, 265.1063, 265.1084, 268.4(a), and 268.7 of this chapter.
* * * * *
(6) Monitoring, testing or analytical data when required by
Secs. 265.19, 265.90, 265.94, 265.191, 265.193, 265.195, 265.222,
265.223, 265.226, 265.255, 265.259, 265.260, 265.276, 265.278,
265.280(d)(1), 265.302 through 265.304, 265.347, 265.377, 265.1034(c)
through 265.1034(f), 265.1035, 265.1063(d) through 265.1063(i),
265.1064, 265.1089, 265.1090, and 265.1091.
* * * * *
27. Section 265.77 is amended by revising paragraph (d) to read as
follows:
Sec. 265.77 Additional reports.
* * * * *
(d) As otherwise required by Subparts AA, BB, and CC of this part.
Subpart I--Use and Management of Containers
28. Section 265.178 is added 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 requirements of subpart CC of this
part.
Subpart J--Tank Systems
29. Section 265.202 is added 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 requirements of subparts AA, BB, and CC of
this part.
Subpart K--Surface Impoundments
30. Section 265.231 is added 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 requirements of subpart CC
of this part.
Subpart AA--Air Emission Standards for Process Vents
31. Section 265.1033 is amended by revising paragraph (j)(2) and
adding paragraph (l) to read as follows:
Sec. 265.1033 Standards: Closed-vent systems and control devices.
* * * * *
(j) * * *
(2) Closed-vent systems shall be monitored to determine compliance
with this section during the initial leak detection monitoring, which
shall be conducted by the date that the facility becomes subject to the
provisions of this section, annually, and at other times as requested
by the Regional Administrator. For the annual leak detection monitoring
after the initial leak detection monitoring, the owner or operator is
not required to monitor those closed-vent system components which
continuously operate in vacuum service or those closed-vent system
joints, seams, or other connections that are permanently or semi-
permanently sealed (e.g., a welded joint between two sections of metal
pipe or a bolted and gasketed pipe flange).
* * * * *
(l) The owner or operator using a carbon adsorption system shall
document that all carbon removed from the control device is managed in
one of the following manners:
(1) Regenerated or reactivated in a thermal treatment unit that is
permitted under subpart X of 40 CFR part 264 or subpart P of this part;
(2) Incinerated by a process that is permitted under subpart O of
40 CFR part 264 or subpart O of this part; or
(3) Burned in a boiler or industrial furnace that is permitted
under subpart H of part 266 of this chapter.
32. In 40 CFR part 265, subpart CC is added to read as follows:
Subpart CC--Air Emission Standards for Tanks, Surface Impoundments, and
Containers
Sec.
265.1080 Applicability.
265.1081 Definitions.
265.1082 Schedule for implementation of air emission standards.
265.1083 Standards: General.
265.1084 Waste determination procedures.
265.1085 Standards: Tanks.
265.1086 Standards: Surface impoundments.
265.1087 Standards: Containers.
265.1088 Standards: Closed-vent systems and control devices.
265.1089 Inspection and monitoring requirements.
265.1090 Recordkeeping requirements.
265.1091 Alternative tank emission control requirements.
Subpart CC--Air Emission Standards for Tanks, Surface Impoundments,
and Containers
Sec. 265.1080 Applicability.
(a) The requirements of this subpart apply to owners and operators
of all facilities that treat, store, or dispose of hazardous waste in
tanks, surface impoundments, or containers subject to either subparts
I, J, or K of this part except as Sec. 265.1 and paragraph (b) of this
section provide otherwise.
(b) The requirements of this subpart do not apply to the following
waste management units at the facility:
(1) A waste management unit that holds hazardous waste placed in
the unit before June 5, 1995, and in which no hazardous waste is added
to the unit on or after June 5, 1995.
(2) A container that has a design capacity less than or equal to
0.1 m\3\.
(3) A tank in which an owner or operator has stopped adding
hazardous waste and the owner or operator has begun implementing or
completed closure pursuant to an approved closure plan.
(4) A surface impoundment in which an owner or operator has stopped
adding hazardous waste (except to implement an approved closure plan)
and the owner or operator has begun implementing or completed closure
pursuant to an approved closure plan.
(5) A waste management unit that is used solely for on-site
treatment or storage of hazardous waste that is generated as the result
of implementing remedial activities required under the RCRA corrective
action authorities of 3004(u), 3004(v) or 3008(h), CERCLA authorities,
or similar Federal or State authorities.
(6) A waste management unit that is used solely for the management
of radioactive mixed waste in accordance with all applicable
regulations under the authority of the Atomic Energy Act and the
Nuclear Waste Policy Act.
(c) For the owner and operator of a facility subject to this
subpart who has received a final permit under RCRA section 3005 prior
to June 5, 1995, the following requirements apply:
(1) The requirements of 40 CFR part 264, subpart CC shall be
incorporated into the permit when the permit is reissued in accordance
with the requirements of 40 CFR 124.15 or reviewed in accordance with
the requirements of 40 CFR 270.50(d).
(2) Until the date when the permit is reissued in accordance with
the requirements of 40 CFR 124.15 or reviewed in accordance with the
requirements of 40 CFR 270.50(d), the owner and operator is subject to
the requirements of this subpart.
Sec. 265.1081 Definitions.
As used in this subpart, all terms not defined herein shall have
the meaning given to them in the Act and parts 260 through 266 of this
chapter.
Average volatile organic concentration or average VO concentration
means the mass-weighted average volatile organic concentration of a
hazardous waste as determined in accordance with the requirements of
Sec. 265.1084 of this subpart.
Cover means a device or system which is placed on or over a
hazardous waste such that the entire hazardous waste surface area is
enclosed and sealed to reduce air emissions to the atmosphere. A cover
may have openings such as access hatches, sampling ports, and gauge
wells that are necessary for operation, inspection, maintenance, or
repair of the unit on which the cover is installed provided that each
opening is closed and sealed when not in use. Examples of covers
include a fixed roof installed on a tank, a floating membrane cover
installed on a surface impoundment, a lid installed on a drum, and an
enclosure in which an open container is placed during waste treatment.
External floating roof means a pontoon or double-deck type floating
roof that rests on the surface of a hazardous waste being managed in a
tank that has no fixed roof.
Fixed roof means a rigid cover that is installed in a stationary
position so that it does not move with fluctuations in the level of the
hazardous waste placed in a tank.
Floating membrane cover means a cover consisting of a synthetic
flexible membrane material that rests upon and is supported by the
hazardous waste being managed in a surface impoundment.
Floating roof means a pontoon-type or double-deck type cover that
rests upon and is supported by the hazardous waste being managed in a
tank, and is equipped with a closure seal or seals to close the space
between the cover edge and the tank wall.
Internal floating roof means a floating roof that rests or floats
on the surface (but not necessarily in complete contact with it) of a
hazardous waste being managed in a tank that has a fixed roof.
Liquid-mounted seal means a foam or liquid-filled primary seal
mounted in contact with the hazardous waste between the tank wall and
the floating roof continuously around the circumference of the tank.
Maximum organic vapor pressure means the equilibrium partial
pressure exerted by the hazardous waste contained in a tank determined
at the temperature equal to either: (1) the local maximum monthly
average temperature as reported by the National Weather Service when
the hazardous waste is stored or treated at ambient temperature; or (2)
the highest calendar-month average temperature of the hazardous waste
when the hazardous waste is stored at temperatures above the ambient
temperature or when the hazardous waste is stored or treated at
temperatures below the ambient temperature.
No detectable organic emissions means no escape of organics from a
device or system to the atmosphere as determined by an instrument
reading less than 500 parts per million by volume (ppmv) above the
background level at each joint, fitting, and seal when measured in
accordance with the requirements of Method 21 in 40 CFR part 60,
appendix A, and by no visible openings or defects in the device or
system such as rips, tears, or gaps.
Point of waste origination means as follows:
(1) When the facility owner or operator is the generator of the
hazardous waste, the point of waste origination means the point where a
solid waste produced by a system, process, or waste management unit is
determined to be a hazardous waste as defined in 40 CFR part 261.
[Note: In this case, this term is being used in a manner similar
to the use of the term ``point of generation'' in air standards
established for waste management operations under authority of the
Clean Air Act in 40 CFR parts 60, 61, and 63].
(2) When the facility owner and operator are not the generator of
the hazardous waste, point of waste origination means the point where
the owner or operator accepts delivery or takes possession of the
hazardous waste.
Point of waste treatment means the point where a hazardous waste
exits a waste management unit used to destroy, degrade, or remove
organics in the hazardous waste.
Vapor-mounted seal means a foam-filled primary seal mounted
continuously around the circumference of the tank so that there is an
annular vapor space underneath the seal. The annular vapor space is
bounded by the bottom of the primary seal, the tank wall, the hazardous
waste surface, and the floating roof.
Volatile organic concentration or VO concentration means the
fraction by weight of organic compounds in a hazardous waste expressed
in terms of parts per million (ppmw) as determined by direct
measurement using Method 25D or by knowledge of the waste in accordance
with the requirements of Sec. 265.1084 of this subpart.
Waste determination means performing all applicable procedures in
accordance with the requirements of Sec. 265.1084 of this subpart to
determine whether a hazardous waste meets standards specified in this
subpart. Examples of a waste determination include performing the
procedures in accordance with the requirements of Sec. 265.1084 of this
subpart to determine the average VO concentration of a hazardous waste
at the point of waste origination; the average VO concentration of a
hazardous waste at the point of waste treatment and comparing the
results to the exit concentration limit specified for the process used
to treat the hazardous waste; determining the organic reduction
efficiency and the organic biodegradation efficiency for a biological
process used to treat a hazardous waste and comparing the results to
the applicable standards; or the maximum volatile organic vapor
pressure for a hazardous waste in a tank and comparing the results to
the applicable standards.
Waste stabilization process means any physical or chemical process
used to either reduce the mobility of hazardous constituents in a
hazardous waste or eliminate free liquids as determined by Test Method
9095 (Paint Filter Liquids Test) in ``Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods,'' EPA Publication No. SW-846, Third
Edition, September 1986, as amended by Update I, November 15, 1992
(incorporated by reference--refer to Sec. 260.11 of this chapter). A
waste stabilization process includes mixing the hazardous waste with
binders or other materials, and curing the resulting hazardous waste
and binder mixture. Other synonymous terms used to refer to this
process are ``waste fixation'' or ``waste solidification.''
Sec. 265.1082 Schedule for implementation of air emission standards.
(a) Owners or operators of facilities existing on June 5, 1995, and
subject to subparts I, J, and K of this part shall meet the following
requirements:
(1) Install and begin operation of all control equipment required
by this subpart by June 5, 1995, except as provided for in paragraph
(a)(2) of this section.
(2) When control equipment required by this subpart cannot be
installed and in operation by June 5, 1995, the owner or operator
shall:
(i) Install and begin operation of the control equipment as soon as
possible but no later than December 8, 1997.
(ii) Prepare an implementation schedule that includes the following
information: specific calendar dates for award of contracts or issuance
of purchase orders for the control equipment, initiation of on-site
installation of the control equipment, completion of the control
equipment installation, and performance of any testing to demonstrate
that the installed equipment meets the applicable standards of this
subpart.
(iii) For facilities subject to the recordkeeping requirements of
Sec. 265.73 of this part, the owner or operator shall enter the
implementation schedule specified in paragraph (a)(2)(ii) of this
section in the operating record no later than June 5, 1995.
(iv) For facilities not subject to Sec. 265.73 of this part, the
owner or operator shall enter the implementation schedule specified in
paragraph (a)(2)(ii) of this section in a permanent, readily available
file located at the facility no later than June 5, 1995.
(b) Owners or operators of facilities in existence on the effective
date of statutory or regulatory amendments under the Act that render
the facility subject to subparts I, J, or K of this part shall meet the
following requirements:
(1) Install and begin operation of all control equipment required
by this subpart by the effective date of the amendment except as
provided for in paragraph (b)(2) of this section.
(2) When control equipment required by this subpart cannot be
installed and begin operation by the effective date of the amendment,
the owner or operator shall:
(i) Install and operate the control equipment as soon as possible
but no later than 30 months after the effective date of the amendment.
(ii) For facilities subject to the recordkeeping requirements of
Sec. 265.73, enter and maintain the implementation schedule specified
in paragraph (a)(2)(ii) of this section in the operating record no
later than the effective date of the amendment, or
(iii) For facilities not subject to Sec. 265.73, the owner or
operator shall enter and maintain the implementation schedule specified
in paragraph (a)(2)(ii) of this section in a permanent, readily
available file located at the facility site no later than the effective
date of the amendment.
(c) 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 this subpart.
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 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 waste management unit is exempted from standards specified in
Sec. 265.1085 through Sec. 265.1088 of this subpart provided that all
hazardous waste placed in the waste management unit is determined by
the owner or operator to meet either of the following conditions:
(1) The average VO concentration of the hazardous waste at the
point of waste origination is less than 100 parts per million by weight
(ppmw). The average VO concentration shall be determined by the
procedures specified in Sec. 265.1084(a) of this subpart.
(2) The organic content of the hazardous waste 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 50 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 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 in
accordance with the 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) All of the materials entering the process are hazardous wastes.
(B) From the point of waste origination through the point where the
hazardous waste enters the process, the hazardous waste is continuously
managed 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.
(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 hazardous waste streams entering the process or 100
ppmw, whichever value is lower. The average VO concentration of each
individual hazardous waste stream at the point of waste origination
shall be determined using the procedure 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 procedure
specified in Sec. 265.1084(b) of this subpart.
(vi) A hazardous waste incinerator for which the owner or operator
has either:
(A) Been issued a final permit under 40 CFR part 270, and designs
and operates the unit in accordance with the requirements of 40 CFR
part 264, subpart O; or
(B) Has certified compliance with the interim status requirements
of subpart O of this part.
(vii) A boiler or industrial furnace for which the owner or
operator has either:
(A) Been issued a final permit under 40 CFR part 270, and designs
and operates the unit in accordance with the requirements of 40 CFR
part 266, subpart H, or
(B) Has certified compliance with the interim status requirements
of 40 CFR part 266, subpart H.
(d) When a process is used for the purpose of treating a hazardous
waste to meet one of the sets of conditions specified in paragraphs
(c)(2)(i) through (c)(2)(v) of this section, each material removed from
or exiting the process that is not a hazardous waste but has an average
VO concentration equal to or greater than 100 ppmw shall be managed in
a waste management unit in accordance with the requirements of
paragraph (b) of this section.
(e) 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 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.
(3) 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 (e)(1) of this section shall be used to establish compliance
with the requirements of this subpart.
(4) 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 100 ppmw shall constitute noncompliance with this subpart
except in a case as provided for in paragraph (e)(4)(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 100 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 100 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.
Sec. 265.1084 Waste determination procedures.
(a) Waste determination procedure for 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) When the facility owner or operator is the generator of the
hazardous waste, the owner or operator shall determine the average VO
concentration of the hazardous waste using either direct measurement as
specified in paragraph (a)(5) of this section or knowledge of the waste
as specified in paragraph (a)(6) of this section for each hazardous
waste generated as follows:
(i) When the hazardous waste is generated as part of a continuous
process, the owner or operator shall:
(A) Perform an initial waste determination of the average VO
concentration of the waste stream before the first time any portion of
the material in the waste stream is placed in a waste management unit
subject to this subpart, and thereafter update the information used for
the waste determination at least once every 12 months following the
date of the initial waste determination; and
(B) Perform a new waste determination whenever changes to the
source generating the waste stream are reasonably likely to cause the
average VO concentration of the hazardous waste to increase to a level
that is equal to or greater than the applicable VO concentration limits
specified in Sec. 265.1083 of this subpart.
(ii) When the hazardous waste is generated as part of a batch
process that is performed repeatedly but not necessarily continuously,
the owner or operator shall:
(A) Perform an initial waste determination of the average VO
concentration for one or more representative waste batches generated by
the process before the first time any portion of the material in the
batches is placed in a waste management unit subject to this subpart,
and thereafter update the information used for the waste determination
at least once every 12 months following the date of the initial waste
determination; and
(B) Perform a new waste determination whenever changes to the
process generating the waste batches are reasonably likely to cause the
average VO concentration of the hazardous waste to increase to a level
that is equal to or greater than the applicable VO concentration limits
specified in Sec. 265.1083 of this subpart.
(3) When the facility owner and operator is not the generator of
the hazardous waste, the owner or operator shall determine the average
VO concentration of the hazardous waste using either direct measurement
as specified in paragraph (a)(5) of this section or knowledge of the
waste as specified in paragraph (a)(6) of this section for each
hazardous waste entering the facility as follows:
(i) When the hazardous waste enters the facility as a continuous
flow of material through a pipeline or other means (e.g., wastewater
stream), the owner or operator shall:
(A) Perform an initial waste determination of the waste stream
before the first time any portion of the material in the waste stream
is placed in a waste management unit subject to this subpart, and
thereafter update the information used for the waste determination at
least once every 12 months following the date of the initial waste
determination; and
(B) Perform a new waste determination whenever changes to the
source generating the waste stream are reasonably likely to cause the
average VO concentration of the hazardous waste to increase to a level
that is equal to or greater than the applicable VO concentration limits
specified in Sec. 265.1083 of this subpart.
(ii) When the hazardous waste enters the facility in a container,
the owner or operator shall perform a waste determination for the
material held in each container.
(4) For the case when the average VO concentration of the hazardous
waste is determined by the owner or operator to be less than 100 ppmw,
but because of normal operating variations in the source or process
generating the hazardous waste the VO concentration of the hazardous
waste may be equal to or greater than 100 ppmw at any given time during
the averaging period, the owner or operator shall prepare and enter in
the facility operating record information that specifies the following:
(i) The maximum and minimum VO concentration values for the
hazardous waste that occur during that averaging period used for the
waste determination;
(ii) The operating conditions or circumstances under which the VO
concentration of the hazardous waste will be equal to or greater than
100 ppmw, and;
(iii) The information and calculations used by the owner or
operator to determine the average VO concentration of the hazardous
waste.
(5) Procedure for using direct measurement to determine average VO
concentration of a hazardous waste at the point of waste origination.
(i) The owner or operator shall identify and record the point of
waste origination for the hazardous waste. All waste samples used to
determine the average VO concentration of the hazardous waste shall be
collected at this point.
(ii) The owner or operator shall designate and record the averaging
period to be used for determining the average VO concentration for the
hazardous waste. The averaging period shall not exceed 1 year. An
initial waste determination shall be performed for each averaging
period.
(iii) The owner or operator shall identify each discrete quantity
of the material composing the hazardous waste represented by the
averaging period designated in paragraph (a)(5)(ii) of this section. An
example of a discrete quantity of material composing a hazardous waste
generated as part of a continuous process is the quantity of material
generated during a process operating mode defined by a specific set of
operating conditions which are normal for the process. An example of a
discrete quantity of material composing a hazardous waste generated as
part of a batch process that is performed repeatedly but not
necessarily continuously is the total quantity of material composing a
single batch generated by the process. An example of a discrete
quantity of material composing a hazardous waste delivered to a
facility in a container is the total quantity of material held in the
container.
(iv) The following procedure shall be used measure the VO
concentration for each discrete quantity of material identified in
paragraph (a)(5)(iii) of this section:
(A) A sufficient number of samples, but no less than four samples,
shall be collected to represent the organic composition for the entire
discrete quantity of hazardous waste being tested. All of the samples
shall be collected within a 1-hour period. Sufficient information shall
be prepared and recorded to document the waste quantity represented by
the samples and, as applicable, the operating conditions for the source
or process generating the hazardous waste represented by the samples.
(B) Each sample shall be collected in accordance with the
requirements specified in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition,
September 1986, as amended by Update I, November 15, 1992 (incorporated
by reference--refer to Sec. 260.11 of this chapter).
(C) Each collected sample shall be prepared and analyzed in
accordance with the requirements of Method 25D in 40 CFR part 60,
appendix A.
(D) The measured VO concentration for the discrete quantity of
hazardous waste shall be determined by using the results for all
samples analyzed in accordance with paragraph (a)(5)(iv)(C) of this
section and the following equation:
TR06DE94.003
where:
C=Measured VO concentration of the discrete quantity of hazardous
waste, ppmw.
i=Individual sample ``i'' of the hazardous waste collected in
accordance with the requirements of SW-846.
n=Total number of samples of hazardous waste collected (at least 4)
within a 1-hour period.
Ci=VO concentration measured by Method 25D for sample ``i'', ppmw.
(v) The average VO concentration of the hazardous waste shall be
determined using the following procedure:
(A) When the facility owner or operator is the generator of the
hazardous waste, a sufficient number of VO concentration measurements
for the hazardous waste shall be performed in accordance with the
requirements of paragraph (a)(5)(iv) of this section to represent the
complete range of hazardous waste organic compositions and quantities
that occur during the entire averaging period due to normal variations
in the operating conditions for each process operating mode identified
for the source or process generating the hazardous waste.
(B) When the facility owner or operator is not the generator of the
hazardous waste, a sufficient number of VO concentration measurements
for the hazardous waste shall be performed in accordance with the
requirements of paragraph (a)(5)(iv) of this section to represent the
complete range of hazardous waste organic compositions and quantities
that occur in the hazardous waste as received at the facility during
the entire averaging period.
(C) The average VO concentration of the hazardous waste at the
point of waste origination shall be calculated by using the results for
all VO measurements performed in accordance with paragraph (a)(5)(iv)
of this section and the following equation:
TR06DE94.004
where:
Cave=Average VO concentration of the hazardous waste at the point
of waste origination, ppmw.
j=Individual discrete quantity ``j'' of the hazardous waste for which a
VO concentration measurement is determined in accordance with the
requirements of paragraph (a)(5)(iv) of this section.
m=Total number of VO concentration measurements determined in
accordance with the requirements of paragraph (a)(5)(iv) of this
section for the averaging period.
Qj=Mass of the discrete quantity of the hazardous waste
represented by Cj, kg.
QT=Total mass of the hazardous waste for the averaging period, kg.
Cj=Measured VO concentration of discrete quantity ``j'' for the
hazardous waste determined in accordance with the requirements of
paragraph (a)(5)(iv) of this section, ppmw.
(6) Procedure for using knowledge of the waste to determine the
average VO concentration of a hazardous waste at the point of waste
origination.
(i) The owner or operator shall identify and record the point of
waste origination for the hazardous waste. All information used to
determine the average VO concentration of the hazardous waste shall be
based on the hazardous waste composition at this point.
(ii) The owner or operator shall designate and record the averaging
period to be used for determining the average VO concentration for the
hazardous waste. The averaging period shall not exceed 1 year. An
initial waste determination shall be performed for each averaging
period.
(iii) The owner or operator shall prepare and record sufficient
information that documents the average VO concentration for the
hazardous waste. Information may be used that is prepared by either the
facility owner or operator or by the generator of the hazardous waste.
Examples of information that may be used as the basis for knowledge of
the waste include: organic material balances for the source or process
generating the waste; VO concentration measurements for the same type
of waste performed in accordance with the procedure specified in
paragraph (a)(5)(iv) of this section; previous individual organic
constituent test data for the waste that are still applicable to the
current waste management practices; documentation that the waste is
generated by a process for which no organics-containing materials are
used; previous test data for other locations managing the same type of
waste; or other knowledge based on manifests, shipping papers, or waste
certification notices.
(iv) If test data other than VO concentration measurements
performed in accordance with the procedure specified in paragraph
(a)(5)(iv) of this section are used as the basis for knowledge of the
waste, 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
individual organic constituent concentration test data that are
validated in accordance with Method 301 in appendix A of 40 CFR part 63
as the basis for knowledge of the waste.
(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 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 perform a waste determination for
each discrete quantity of treated hazardous waste as follows:
(i) When the hazardous waste is treated by a continuous process,
the owner or operator shall:
(A) Perform an initial waste determination for the treated waste
stream before the first time any portion of the material in the waste
stream is placed in a waste management unit subject to this subpart,
and thereafter update the information used for the waste determination
at least once every 12 months following the date of the initial waste
determination; and
(B) Perform a new waste determination whenever changes to the
hazardous waste streams fed to the process are reasonably likely to
cause the characteristics of the hazardous waste at the point of waste
treatment to change to levels that fail to achieve the applicable
conditions specified in Sec. 265.1083(c)(2) of this subpart.
(ii) When the hazardous waste is treated by a batch process that is
performed repeatedly but not necessarily continuously, the owner or
operator shall:
(A) Perform an initial waste determination for the treated
hazardous waste in one or more representative batches treated by the
process, and thereafter update the information used for the waste
determination at least once every 12 months following the date of the
initial waste determination; and
(B) Perform a new waste determination whenever changes to the
hazardous waste treated by the process are reasonably likely to cause
the characteristics of the hazardous waste at the point of waste
treatment to change to levels that fail to achieve the applicable
conditions specified in Sec. 265.1083(c)(2) of this subpart.
(3) The owner or operator shall designate and record the specific
provision in Sec. 265.1083(c)(2) of this subpart for 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)(4) through (b)(10) of this
section.
(4) Procedure to determine the average VO concentration of a
hazardous waste at the point of waste treatment.
(i) The owner or operator shall identify and record the point of
waste treatment for the hazardous waste. All waste samples used to
determine the average VO concentration of the hazardous waste shall be
collected at this point.
(ii) The owner or operator shall designate and record the averaging
period to be used for determining the average VO concentration for the
hazardous waste. The averaging period shall not exceed 1 year. An
initial waste determination shall be performed for each averaging
period.
(iii) The owner or operator shall identify each discrete quantity
of the material composing the hazardous waste represented by the
averaging period designated in paragraph (b)(4)(ii) of this section.
(iv) The following procedure shall be used measure the VO
concentration for each discrete quantity of material identified in
paragraph (b)(4)(iii) of this section:
(A) A sufficient number of samples, but no less than four samples,
shall be collected to represent the organic composition for the entire
discrete quantity of hazardous waste being tested. All of the samples
shall be collected within a 1-hour period. Sufficient information shall
be prepared and recorded to document the waste quantity represented by
the samples and, as applicable, the operating conditions for the
process treating the hazardous waste represented by the samples.
(B) Each sample shall be collected in accordance with the
requirements specified in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition,
September 1986, as amended by Update I, November 15, 1992 (incorporated
by reference--refer to Sec. 260.11 of this chapter).
(C) Each collected sample shall be prepared and analyzed in
accordance with the requirements of Method 25D in 40 CFR part 60,
appendix A.
(D) The measured VO concentration for the discrete quantity of
hazardous waste shall be determined by using the results for all
samples analyzed in accordance with paragraph (b)(4)(iv)(C) of this
section and the following equation:
TR06DE94.005
where:
C = Measured VO concentration of the discrete quantity of hazardous
waste, ppmw.
i = Individual sample ``i'' of the hazardous waste collected in
accordance with the requirements of SW-846.
n = Total number of samples of hazardous waste collected (at least 4)
within a 1-hour period.
Ci = VO concentration measured by Method 25D for sample ``i'',
ppmw.
(v) The average VO concentration of the hazardous waste at the
point of waste treatment shall be determined using the following
procedure:
(A) When the facility owner or operator is the generator of the
hazardous waste, a sufficient number of VO concentration measurements
for the hazardous waste shall be performed in accordance with the
requirements of paragraph (b)(4)(iv) of this section to represent the
complete range of hazardous waste organic compositions and quantities
treated by the process during the entire averaging period.
(B) The average VO concentration of the hazardous waste at the
point of waste treatment shall be calculated by using the results for
all VO measurements performed in accordance with paragraph (b)(4)(iv)
of this section and the following equation:
TR06DE94.006
where:
Cave = Average VO concentration of the hazardous waste at the
point of waste treatment, ppmw.
j = Individual discrete quantity ``j'' of the hazardous waste for which
a VO concentration measurement is determined in accordance with the
requirements of paragraph (b)(4)(iv) of this section.
m = Total number of VO concentration measurements determined in
accordance with the requirements of paragraph (b)(4)(iv) of this
section for the averaging period.
Qj = Mass of the discrete quantity of the hazardous waste
represented by Cj, kg.
QT = Total mass of the hazardous waste for the averaging period,
kg.
Cj = Measured VO concentration of discrete quantity ``j'' for the
hazardous waste determined in accordance with the requirements of
paragraph (b)(4)(iv) of this section, ppmw.
(5) 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)(5)(i) of this section, then the exit concentration limit (Ct)
shall be 100 ppmw.
(iii) If more than one hazardous waste stream is identified in
paragraph (b)(5)(i) of this section, then the 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:
TR06DE94.007
where:
Ct = Exit concentration limit for treated hazardous waste, ppmw.
x = Individual hazardous waste stream ``x'' that has a VO concentration
less than 100 ppmw at the point of waste origination as determined in
accordance with the requirements of Sec. 265.1084(a).
y = Individual hazardous waste stream ``y'' that has a VO concentration
equal to or greater than 100 ppmw at the point of waste origination as
determined in accordance with the requirements of Sec. 265.1084(a).
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), ppmw.
(6) Procedure to determine the organic reduction efficiency (R) for
a treated hazardous waste.
(i) The organic reduction efficiency for a treatment process 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 point of each hazardous waste stream entering the process
and each hazardous waste stream exiting the process that is to be
included in the calculation of the organic reduction efficiency for the
process shall be identified.
(iii) For each run, the following information shall be determined
for each hazardous waste stream identified in paragraph (b)(6)(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 VO concentration of each hazardous waste stream entering
the process (Cb) during the run shall be measured in accordance
with the requirements of paragraphs (a)(5)(iv)(A) through (a)(5)(iv)(D)
of this section. The VO concentration of each hazardous waste stream
exiting the process (Ca) during the run shall be determined in
accordance with the requirements of paragraph (b)(4)(iv) of this
section. Samples shall be collected as follows:
(1) For a continuous process, the samples of the hazardous waste
entering and samples of the hazardous waste exiting the process shall
be collected concurrently.
(2) For a batch process, the samples of the hazardous waste
entering the process shall be collected at the time that the hazardous
waste is placed in the process. The samples of the hazardous waste
exiting the process shall be collected as soon as practicable after the
time when the process stops operation or the final treatment cycle
ends.
(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)(6)(iii) of this section and the following
equations:
TR06DE94.008
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''
Qbj = Mass quantity of hazardous waste entering process during run
``j'', kg/hr.
Qaj = Average mass quantity of waste exiting process during run
``j'', kg/hr.
Caj = Measured VO concentration of hazardous waste exiting process
during run ``j'' as determined in accordance with the requirements of
Sec. 265.1084(b)(4)(iv), ppmw.
Cbj = Measured VO concentration of hazardous waste entering
process during run ``j'' as determined in accordance with the
requirements of Sec. 265.1084 (a)(5)(iv)(A) through (a)(5)(iv)(D),
ppmw.
(v) The organic reduction efficiency of the process shall be
calculated by using the results determined in accordance with paragraph
(b)(6)(iv) of this section and the following equation:
TR06DE94.009
where:
R = Organic reduction efficiency, percent.
Eb = Waste volatile organic mass flow entering process as
determined in accordance with the requirements of paragraph (b)(6)(iv)
of this section, kg/hr.
Ea = Waste volatile organic mass flow exiting process as
determined in accordance with the requirements of paragraph (b)(6)(iv)
of this section, kg/hr.
(7) 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 organic biodegradation efficiency shall be calculated by
using the following equation:
Rbio = Fbio x 100%
where:
Rbio = Organic biodegradation efficiency, percent.
Fbio = Fraction of organic biodegraded as determined in accordance
with the requirements of paragraph (b)(7)(i) of this section.
(8) Procedure to determine the required organic mass removal rate
(RMR) 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) For each hazardous waste stream identified in paragraph
(b)(8)(i) of this section, the VO concentration of the 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 a
volatile organic concentration equal to or greater than 100 ppmw at the
point of waste origination as determined in accordance with the
requirements of paragraph (b)(8)(ii) of this section, the average
volumetric flow rate of hazardous waste at the point of waste
origination and the density of the hazardous waste stream shall be
determined.
(iv) The required organic mass removal rate for the hazardous waste
shall be calculated by using the results determined for each individual
hazardous waste stream in accordance with the requirements of
paragraphs (b)(8)(ii) and (b)(8)(iii) of this section and the following
equation:
TR06DE94.010
where:
RMR = Required organic mass removal rate, kg/hr.
y = Individual hazardous waste stream ``y'' that has a volatile organic
concentration equal to or greater than 100 ppmw at the point of waste
origination as determined in accordance with the requirements of
Sec. 265.1084(a).
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, m3/hr.
ky = Density of hazardous waste stream ``y'', kg/m3
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), ppmw.
(9) Procedure to determine the actual organic mass removal rate
(MR) for a treated hazardous waste.
(i) The actual organic mass removal rate 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)(6)(iv) of this section.
(iii) The actual organic mass removal rate shall be calculated by
using the results determined in accordance with the requirements of
paragraph (b)(9)(ii) of this section and the following equation:
MR = Eb - Ea
where:
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)(6)(iv)
of this section, kg/hr.
Ea = Waste volatile organic mass flow exiting process as
determined in accordance with the requirements of paragraph (b)(6)(iv)
of this section, kg/hr.
(10) Procedure to determine the actual organic mass biodegradation
rate (MRbio) for a treated hazardous waste.
(i) The actual organic mass biodegradation rate 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)(6)(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.
(iv) The actual organic mass biodegradation rate shall be
calculated by using the mass flow rates and fraction of organic
biodegraded determined in accordance with the requirements of
paragraphs (b)(10)(ii) and (b)(10)(iii) of this section and the
following equation:
MRbio = Eb x Fbio
where:
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)(6)(iv) of this
section, kg/hr.
Fbio = Fraction of organic biodegraded as determined in accordance
with the requirements of paragraph (b)(10)(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 air emission
controls in accordance with 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) To determine the maximum organic vapor pressure of the
hazardous waste by direct measurement, the following procedure shall be
used:
(i) Representative samples of the waste contained in the tank shall
be collected. Sampling shall be conducted in accordance with the
requirements specified in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition,
September 1986, as amended by Update I, November 15, 1992 (incorporated
by reference--refer to Sec. 260.11 of this chapter).
(ii) Any appropriate one of the following methods may be used to
analyze the samples and compute the maximum organic vapor pressure:
(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); or
(E) Any other method approved by the Regional Administrator.
(4) To determine the maximum organic vapor pressure of the
hazardous waste by knowledge, sufficient information shall be prepared
and recorded that documents the maximum organic vapor pressure of the
hazardous waste in the tank. Examples of information that may be used
include: documentation that the waste is generated by a process for
which no organics-containing materials are used; or that the 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 design capacity category specified for the tank.
Sec. 265.1085 Standards: Tanks.
(a) This section applies to owners and operators of tanks subject
to this subpart into which any hazardous waste is placed except for the
following tanks:
(1) A tank in which all hazardous waste entering the tank meets the
conditions specified in Sec. 265.1083(c) of this subpart; or
(2) A tank used for biological treatment of hazardous waste in
accordance with the requirements of Sec. 265.1083(c)(2)(iv) of this
subpart.
(b) The owner or operator shall place the hazardous waste into one
of the following tanks:
(1) A tank equipped with a cover (e.g., a fixed roof) that is
vented through a closed-vent system to a control device in accordance
with the requirements specified in paragraph (d) of this section;
(2) A tank equipped with a fixed roof and internal floating roof in
accordance with the requirements of Sec. 265.1091 of this subpart;
(3) A tank equipped with an external floating roof in accordance
with the requirements of Sec. 265.1091 of this subpart; or
(4) A pressure tank that is designed to operate as a closed system
such that the tank operates with no detectable organic emissions at all
times that hazardous waste is in the tank except as provided for in
paragraph (g) of this section.
(c) As an alternative to complying with paragraph (b) of this
section, an owner or operator may place hazardous waste in a tank
equipped with a cover (e.g., a fixed roof) meeting the requirements
specified in paragraph (d)(1) of this section when the hazardous waste
is determined to meet all of the following conditions:
(1) The hazardous waste is neither mixed, stirred, agitated, nor
circulated within the tank by the owner or operator using a process
that results in splashing, frothing, or visible turbulent flow on the
waste surface during normal process operations;
(2) The hazardous waste in the tank is not heated by the owner or
operator except during conditions requiring that the waste be heated to
prevent the waste from freezing or to maintain adequate waste flow
conditions for continuing normal process operations;
(3) The hazardous waste in the tank is not treated by the owner or
operator using a waste stabilization process or a process that produces
an exothermic reaction; and
(4) The maximum organic vapor pressure of the hazardous waste in
the tank as determined using the procedure specified in
Sec. 265.1084(c) of this subpart is less than the following applicable
value:
(i) If the tank design capacity is equal to or greater than 151
m3, then the maximum organic vapor pressure shall be less than 5.2
kPa;
(ii) If the tank design capacity is equal to or greater than 75
m3 but less than 151 m3, then the maximum organic vapor
pressure shall be less than 27.6 kPa; or
(iii) If the tank design capacity is less than 75 m3, then the
maximum organic vapor pressure shall be less than 76.6 kPa.
(d) To comply with paragraph (b)(1) of this section, the owner or
operator shall design, install, operate, and maintain a cover that
vents the organic vapors emitted from hazardous waste in the tank
through a closed-vent system connected to a control device.
(1) The cover shall be designed and operated to meet the following
requirements:
(i) The cover and all cover openings (e.g., access hatches,
sampling ports, and gauge wells) shall be designed to operate with no
detectable organic emissions when all cover openings are secured in a
closed, sealed position.
(ii) Each cover opening shall be secured in a closed, sealed
position (e.g., covered by a gasketed lid or cap) at all times that
hazardous waste is in the tank except as provided for in paragraph (f)
of this section.
(2) The closed-vent system and control device shall be designed and
operated in accordance with the requirements of Sec. 265.1088 of this
subpart.
(e) The owner and operator shall install, operate, and maintain
enclosed pipes or other closed systems for the transfer of hazardous
waste as described in paragraph (e)(1) or (e)(2) of this section. The
EPA considers a drain system that meets the requirements of 40 CFR
61.346(a)(1) or 40 CFR 61.346(b)(1) through (b)(3) to be a closed
system.
(1) Transfer all hazardous waste to the tank from another tank,
surface impoundment, or container subject to this subpart except for
those hazardous wastes that meet the conditions specified in
Sec. 265.1083(c) of this subpart; and
(2) Transfer all hazardous waste from the tank to another tank,
surface impoundment, or container subject to this subpart except for
those hazardous wastes that meet the conditions specified in
Sec. 265.1083(c) of this subpart.
(f) Each cover opening shall be secured in a closed, sealed
position (e.g., covered by a gasketed lid) at all times that hazardous
waste is in the tank except when it is necessary to use the cover
opening to:
(1) Add, remove, inspect, or sample the material in the tank;
(2) Inspect, maintain, repair, or replace equipment located inside
the tank; or
(3) Vent gases or vapors from the tank to a closed-vent system
connected to a control device that is designed and operated in
accordance with the requirements of Sec. 265.1088 of this subpart.
(g) One or more safety devices which vent directly to the
atmosphere may be used on the tank, cover, closed-vent system, or
control device provided each safety device meets all of the following
conditions:
(1) The safety device is not used for planned or routine venting of
organic vapors from the tank or the closed-vent system connected to a
control device; and
(2) The safety device remains in a closed, sealed position at all
times except when an unplanned event requires that the device open for
the purpose of preventing physical damage or permanent deformation of
the tank, cover, closed-vent system, or control device in accordance
with good engineering and safety practices for handling flammable,
combustible, explosive, or other hazardous materials. An example of an
unplanned event is a sudden power outage.
Sec. 265.1086 Standards: surface impoundments.
(a) This section applies to owners and operators of surface
impoundments subject to this subpart into which any hazardous waste is
placed except for the following surface impoundments:
(1) A surface impoundment in which all hazardous waste entering the
surface impoundment meets the conditions specified in Sec. 265.1083(c)
of this subpart; or
(2) A surface impoundment used for biological treatment of
hazardous waste in accordance with the requirements of
Sec. 265.1083(c)(2)(iv) of this subpart.
(b) The owner or operator shall place the hazardous waste into a
surface impoundment equipped with a cover (e.g., an air-supported
structure or a rigid cover) that is vented through a closed-vent system
to a control device meeting the requirements specified in paragraph (d)
of this section.
(c) As an alternative to complying with paragraph (b) of this
section, an owner or operator may place hazardous waste in a surface
impoundment equipped with a floating membrane cover meeting the
requirements specified in paragraph (e) of this section when the
hazardous waste is determined to meet all of the following conditions:
(1) The hazardous waste is neither mixed, stirred, agitated, nor
circulated within the surface impoundment by the owner or operator
using a process that results in splashing, frothing, or visible
turbulent flow on the waste surface during normal process operations;
(2) The hazardous waste in the surface impoundment is not heated by
the owner or operator; and
(3) The hazardous waste in the surface impoundment is not treated
by the owner or operator using a waste stabilization process or a
process that produces an exothermic reaction.
(d) To comply with paragraph (b)(1) of this section, the owner or
operator shall design, install, operate, and maintain a cover that
vents the organic vapors emitted from hazardous waste in the surface
impoundment through a closed- vent system connected to a control
device.
(1) The cover shall be designed, installed, operated, and
maintained to meet the following requirements:
(i) The cover and all cover openings (e.g., access hatches,
sampling ports, and gauge wells) shall be designed to operate with no
detectable organic emissions when all cover openings are secured in a
closed, sealed position.
(ii) Each cover opening shall be secured in the closed, sealed
position (e.g., covered by a gasketed lid or cap) at all times that
hazardous waste is in the surface impoundment except as provided for in
paragraph (g) of this section.
(iii) The closed-vent system and control device shall be designed
and operated in accordance with Sec. 265.1088 of this subpart.
(e) To comply with paragraph (c) of this section, the owner or
operator shall design, install, operate, and maintain a floating
membrane cover that meets all of the following requirements:
(1) The floating membrane cover shall be designed, installed, and
operated such that at all times when hazardous waste is in the surface
impoundment, the entire surface area of the hazardous waste is enclosed
by the cover, and any air spaces underneath the cover are not vented to
the atmosphere except during conditions specified in paragraph (h) of
this section.
(2) The floating membrane cover and all cover openings (e.g.,
access hatches, sampling ports, and gauge wells) shall be designed to
operate with no detectable organic emissions when all cover openings
are secured in a closed, sealed position.
(3) Each cover opening shall be secured in a closed, sealed
position (e.g., covered by a gasketed lid or cap) at all times that
hazardous waste is in the surface impoundment except as provided for in
paragraphs (g)(1) through (g)(3) of this section; and
(4) The synthetic membrane material used for the floating membrane
cover shall be either:
(i) High density polyethylene with a thickness no less than 2.5 mm;
or
(ii) A material or a composite of different materials determined to
have the following properties:
(A) Organic permeability properties that are equivalent to those of
the material specified in paragraph (e)(4)(i) of this section; and
(B) Chemical and physical properties that maintain the material
integrity for as long as the cover is in use. Factors that shall be
considered in selecting the material include: the effects of contact
with the waste managed in the impoundment, weather exposure, and cover
installation and operation practices.
(f) The owner or operator shall install, operate, and maintain
enclosed pipes or other closed systems for the transfer of hazardous
waste as described in paragraph (f)(1) or (f)(2) of this section. The
EPA considers a drain system that meets the requirements of 40 CFR
61.346(a)(1) or 40 CFR 61.346(b)(1) through (b)(3) to be a closed
system.
(1) Transfer all hazardous waste to the surface impoundment from
another tank, surface impoundment, or container subject to this subpart
except for those hazardous wastes that meet the conditions specified in
Sec. 265.1083(c) of this subpart; and
(2) Transfer all hazardous waste from the surface impoundment to
another tank, surface impoundment, or container subject to this subpart
except for those hazardous wastes that meet the conditions specified in
Sec. 265.1083(c) of this subpart.
(g) Each cover opening shall be secured in the closed, sealed
position (e.g., covered by a gasketed lid or cap) at all times that
hazardous waste is in the surface impoundment except when it is
necessary to use the cover opening to:
(1) Add, remove, inspect, or sample the material in the surface
impoundment;
(2) Inspect, maintain, repair, or replace equipment located
underneath the cover;
(3) Remove treatment residues from the surface impoundment in
accordance with the requirements of 40 CFR 268.4; or
(4) Vent gases or vapors from the surface impoundment to a closed-
vent system connected to a control device that is designed and operated
in accordance with the requirements of Sec. 265.1088 of this subpart.
(h) One or more safety devices that vent directly to the atmosphere
may be installed on the cover, closed-vent system, or control device
provided each device meets all of the following conditions:
(1) The safety device is not used for planned or routine venting of
organic vapors from the surface impoundment or the closed-vent system
connected to a control device; and
(2) The safety device remains in a closed, sealed position at all
times except when an unplanned event requires that the device open for
the purpose of preventing physical damage or permanent deformation of
the cover, closed-vent system, or control device in accordance with
good engineering and safety practices for handling flammable,
combustible, explosive, or other hazardous materials. An example of an
unplanned event is a sudden power outage.
Sec. 265.1087 Standards: Containers.
(a) This section applies to the owners and operators of containers
having design capacities greater than 0.1 m3 subject to this
subpart into which any hazardous waste is placed except for a container
in which all hazardous waste entering the container meets the
conditions specified in Sec. 265.1083(c) of this subpart.
(b) An owner or operator shall manage hazardous waste in containers
using the following procedures:
(1) The owner or operator shall place the hazardous waste into one
of the following containers except when a container is used for
hazardous waste treatment as required by paragraph (b)(2) of this
section:
(i) A container that is equipped with a cover which operates with
no detectable organic emissions when all container openings (e.g.,
lids, bungs, hatches, and sampling ports) are secured in a closed,
sealed position. The owner or operator shall determine that a container
operates with no detectable emissions by testing each opening on the
container for leaks in accordance with Method 21 in 40 CFR part 60,
appendix A the first time any portion of the hazardous waste is placed
into the container. If a leak is detected and cannot be repaired
immediately, the hazardous waste shall be removed from the container
and the container not used to meet the requirements of this paragraph
until the leak is repaired and the container is retested.
(ii) A container having a design capacity less than or equal to
0.46 m3 that is equipped with a cover and complies with all
applicable Department of Transportation regulations on packaging
hazardous waste for transport under 49 CFR part 178.
(A) A container that is managed in accordance with the requirements
of 49 CFR part 178 for the purpose of complying with this subpart is
not subject to any exceptions to the 49 CFR part 178 regulations,
except as noted in paragraph (b)(1)(ii)(B) of this section.
(B) A lab pack that is managed in accordance with the requirements
of 49 CFR part 178 for the purpose of complying with this subpart may
comply with the exceptions for combination packagings specified in 49
CFR 173.12(b).
(iii) A container that is attached to or forms a part of any truck,
trailer, or railcar; and that has been demonstrated within the
preceding 12 months to be organic vapor tight when all container
openings are in a closed, sealed position (e.g., the container hatches
or lids are gasketed and latched). For the purpose of meeting the
requirements of this paragraph, a container is organic vapor tight if
the container sustains a pressure change of not more than 750 pascals
within 5 minutes after it is pressurized to a minimum of 4,500 pascals.
This condition is to be demonstrated using the pressure test specified
in Method 27 of 40 CFR part 60, appendix A, and a pressure measurement
device which has a precision of 2.5 mm water and which is
capable of measuring above the pressure at which the container is to be
tested for vapor tightness.
(2) An owner or operator treating hazardous waste in a container by
either a waste stabilization process, any process that requires the
addition of heat to the waste, or any process that produces an
exothermic reaction shall meet the following requirements:
(i) Whenever it is necessary for the container to be open during
the treatment process, the container shall be located inside an
enclosure that is vented through a closed-vent system to a control
device.
(ii) The enclosure shall be a structure that is designed and
operated in accordance with the following requirements:
(A) The enclosure shall be a structure that is designed and
operated with sufficient airflow into the structure to capture the
organic vapors emitted from the hazardous waste in the container and
vent the vapors through the closed-vent system to the control device.
(B) The enclosure may have permanent or temporary openings to allow
worker access; passage of containers through the enclosure by conveyor
or other mechanical means; entry of permanent mechanical or electrical
equipment; or to direct airflow into the enclosure. The pressure drop
across each opening in the enclosure shall be maintained at a pressure
below atmospheric pressure such that whenever an open container is
placed inside the enclosure no organic vapors released from the
container exit the enclosure through the opening. The owner or operator
shall determine that an enclosure achieves this condition by measuring
the pressure drop across each opening in the enclosure. If the pressure
within the enclosure is equal to or greater than atmospheric pressure
then the enclosure does not meet the requirements of this section.
(iii) 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) An owner or operator transferring hazardous waste into a
container having a design capacity greater than 0.46 m\3\ shall meet
the following requirements:
(i) Hazardous waste transfer by pumping shall be performed using a
conveyance system that uses a tube (e.g., pipe, hose) to add the waste
into the container. During transfer of the waste into the container,
the cover shall remain in place and all container openings shall be
maintained in a closed, sealed position except for those openings
through which the tube enters the container and as provided for in
paragraph (c) of this section. The tube shall be positioned in a manner
such that either the:
(A) Tube outlet continuously remains submerged below the waste
surface at all times waste is flowing through the tube;
(B) Lower bottom edge of the tube outlet is located at a distance
no greater than two inside diameters of the tube or 15.25 cm, whichever
distance is greater, from the bottom of the container at all times
waste is flowing through the tube; or
(C) Tube is connected to a permanent port mounted on the bottom of
the container so that the lower edge of the port opening inside the
container is located at a distance equal to or less than 15.25 cm from
the container bottom.
(ii) Hazardous waste transferred by a means other than pumping
shall be performed such that during transfer of the waste into the
container, the cover remains in place and all container openings are
maintained in a closed, sealed position except for those openings
through which the hazardous waste is added and as provided for in
paragraph (d) of this section.
(c) Each container opening shall be maintained in a closed, sealed
position (e.g., covered by a gasketed lid) at all times that hazardous
waste is in the container except when it is necessary to use the
opening to:
(1) Add, remove, inspect, or sample the material in the container;
(2) Inspect, maintain, repair, or replace equipment located inside
the container; or
(3) Vent gases or vapors from a cover located over or enclosing an
open container to a closed-vent system connected to a control device
that is designed and operated in accordance with the requirements of
Sec. 265.1088 of this subpart.
(d) One or more safety devices that vent directly to the atmosphere
may be used on the container, cover, enclosure, closed-vent system, or
control device provided each device meets all of the following
conditions:
(1) The safety device is not used for planned or routine venting of
organic vapors from the container, cover, enclosure, or closed-vent
system connected to a control device; and
(2) The safety device remains in a closed, sealed position at all
times except when an unplanned event requires that the device open for
the purpose of preventing physical damage or permanent deformation of
the container, cover, enclosure, closed-vent system, or control device
in accordance with good engineering and safety practices for handling
flammable, combustible, explosive, or other hazardous materials. An
example of an unplanned event is a sudden power outage.
Sec. 265.1088 Standards: Closed-vent systems and control devices.
(a) This section applies to each closed-vent system and control
device installed and operated by the owner or operator to control air
emissions in accordance with standards of this subpart.
(b) The closed-vent system shall meet the following requirements:
(1) The closed-vent system shall route the gases, vapors, and fumes
emitted from the hazardous waste in the waste management unit to a
control device that meets the requirements specified in paragraph (c)
of this section.
(2) The closed-vent system shall be designed and operated in
accordance with the requirements specified in Sec. 265.1033(j) of this
part.
(3) If the closed-vent system contains one or more bypass devices
that could be used to divert all or a portion of the gases, vapors, or
fumes from entering the control device, the owner or operator shall
meet the following requirements:
(i) For each bypass device except as provided for in paragraph
(b)(3)(ii) of this section, the owner or operator shall either:
(A) Install, calibrate, maintain, and operate a flow indicator at
the inlet to the bypass device that indicates at least once every 15
minutes whether gas, vapor, or fume flow is present in the bypass
device; or
(B) Secure the valve installed at the inlet to the bypass device in
the closed position using a car-seal or a lock-and-key type
configuration. The owner or operator shall visually inspect the seal or
closure mechanism at least once every month to verify that the valve is
maintained in the closed position.
(ii) Low leg drains, high point bleeds, analyzer vents, open-ended
valves or lines, and safety devices are not subject to the requirements
of paragraph (b)(3)(i) of this section.
(c) The control device shall meet the following requirements:
(1) The control device shall be one of the following devices:
(i) A control device designed and operated to reduce the total
organic content of the inlet vapor stream vented to the control device
by at least 95 percent by weight;
(ii) An enclosed combustion device designed and operated in
accordance with the requirements of Sec. 265.1033(c); or
(iii) A flare designed and operated in accordance with the
requirements of Sec. 265.1033(d).
(2) The control device shall be operating at all times when gases,
vapors, or fumes are vented from the waste management unit through the
closed-vent system to the control device.
(3) The owner or operator using a carbon adsorption system to
comply with paragraph (c)(1) of this section shall operate and maintain
the control device in accordance with the following requirements:
(i) Following the initial startup of the control device, all
activated carbon in the control device shall be replaced with fresh
carbon on a regular basis in accordance with the requirements of
Sec. 265.1033(g) or Sec. 265.1033(h).
(ii) All carbon removed from the control device shall be managed in
accordance with the requirements of Sec. 265.1033(l).
(4) An owner or operator using a control device other than a
thermal vapor incinerator, flare, boiler, process heater, condenser, or
carbon adsorption system to comply with paragraph (c)(1) of this
section shall operate and maintain the control device in accordance
with the requirements of Sec. 265.1033(i).
(5) The owner or operator shall demonstrate that a control device
achieves the performance requirements of paragraph (c)(1) of this
section as follows:
(i) An owner or operator shall demonstrate using either a
performance test as specified in paragraph (c)(5)(iii) of this section
or a design analysis as specified in paragraph (c)(5)(iv) of this
section the performance of each control device except for the
following:
(A) A flare;
(B) A boiler or process heater with a design heat input capacity of
44 megawatts or greater;
(C) A boiler or process heater into which the vent stream is
introduced with the primary fuel;
(D) A boiler or process heater burning hazardous waste for which
the owner or operator has been issued a final permit under 40 CFR part
270 and designs and operates the unit in accordance with the
requirements of 40 CFR part 266, subpart H; or
(E) A boiler or process heater burning hazardous waste for which
the owner or operator has certified compliance with the interim status
requirements of 40 CFR part 266, subpart H.
(ii) An owner or operator shall demonstrate the performance of each
flare in accordance with the requirements specified in
Sec. 265.1033(e).
(iii) For a performance test conducted to meet the requirements of
paragraph (c)(5)(i) of this section, the owner or operator shall use
the test methods and procedures specified in Sec. 265.1034(c)(1)
through (c)(4).
(iv) For a design analysis conducted to meet the requirements of
paragraph (c)(5)(i) of this section, the design analysis shall meet the
requirements specified in Sec. 265.1035(b)(4)(iii).
(v) The owner or operator shall demonstrate that a carbon
adsorption system achieves the performance requirements of paragraph
(c)(1) of this section based on the total quantity of organics vented
to the atmosphere from all carbon adsorption system equipment that is
used for organic adsorption, organic desorption or carbon regeneration,
organic recovery, and carbon disposal.
(6) If the owner or operator and the Regional Administrator do not
agree on a demonstration of control device performance using a design
analysis then the disagreement shall be resolved using the results of a
performance test performed by the owner or operator in accordance with
the requirements of paragraph (c)(5)(iii) of this section. The Regional
Administrator may choose to have an authorized representative observe
the performance test.
Sec. 265.1089 Inspection and monitoring requirements.
(a) This section applies to an owner or operator using air emission
controls in accordance with the requirements of Sec. 265.1085 through
Sec. 265.1088 of this subpart.
(b) Each cover used in accordance with requirements of
Sec. 265.1085 through Sec. 265.1087 of this subpart shall be visually
inspected and monitored for detectable organic emissions by the owner
or operator using the procedure specified in paragraph (f) of this
section except as follows:
(1) An owner or operator is exempted from performing the cover
inspection and monitoring requirements specified in paragraph (f) of
this section for the following tank covers:
(i) A tank internal floating roof that is inspected and monitored
in accordance with the requirements of Sec. 265.1091 of this subpart;
or
(ii) A tank external floating roof that is inspected and monitored
in accordance with the requirements of Sec. 265.1091 of this subpart.
(2) If a tank is buried partially or entirely underground, an owner
or operator is required to perform the cover inspection and monitoring
requirements specified in paragraph (f) of this section only for those
portions of the tank cover and those connections to the tank cover or
tank body (e.g. fill ports, access hatches, gauge wells, etc.) that
extend to or above the ground surface and can be opened to the
atmosphere.
(3) An owner or operator is exempted from performing the cover
inspection and monitoring requirements specified in paragraph (f) of
this section for a container that meets all requirements specified in
either Sec. 265.1087(b)(1)(ii) or Sec. 265.1087(b)(1)(iii) of this
subpart.
(4) An owner or operator is exempted from performing the cover
inspection and monitoring requirements specified in paragraph (f) of
this section for an enclosure used to control air emissions from
containers in accordance with the requirements of Sec. 265.1087(b)(2)
of this subpart.
(c) Each closed-vent system used in accordance with the
requirements of Sec. 265.1088 of this subpart shall be inspected and
monitored by the owner or operator in accordance with the procedure
specified in Sec. 265.1033(j).
(d) Each control device used in accordance with the requirements of
Sec. 265.1088 of this subpart shall be inspected and monitored by the
owner or operator in accordance with the procedure specified in
Sec. 265.1033(f).
(e) The owner or operator shall develop and implement a written
plan and schedule to perform all inspection and monitoring requirements
of this section. The owner or operator shall incorporate this plan and
schedule into the facility inspection plan required under 40 CFR
265.15.
(f) Inspection and monitoring of a cover in accordance with the
requirements of paragraph (b) of this section shall performed as
follows:
(1) The cover and all cover openings shall be initially visually
inspected and monitored for detectable organic emissions on or before
the date that the tank, surface impoundment, or container using the
cover becomes subject to the provisions of this subpart and at other
times as requested by the Regional Administrator.
(2) At least once every 6 months following the initial visual
inspection and monitoring for detectable organic emissions required
under paragraph (f)(1) of this section, the owner and operator shall
visually inspect and monitor the cover and each cover opening except
for following cover openings:
(i) A cover opening that has continuously remained in a closed,
sealed position for the entire period since the last time the cover
opening was visually inspected and monitored for detectable emissions;
(ii) A cover opening that is designated as unsafe to inspect and
monitor in accordance with paragraph (f)(5) of this section;
(iii) A cover opening on a cover installed and placed in operation
before December 6, 1994, that is designated as difficult to inspect and
monitor in accordance with paragraph (f)(6) of this section.
(3) To visually inspect a cover, the owner or operator shall view
the entire cover surface and each cover opening in a closed, sealed
position for evidence of any defect that may affect the ability of the
cover or cover opening to continue to operate with no detectable
organic emissions. A visible hole, gap, tear, or split in the cover
surface or a cover opening is defined as a leak which shall be repaired
in accordance with paragraph (f)(7) of this section.
(4) To monitor a cover for detectable organic emissions, the owner
or operator shall use the following procedure:
(i) Method 21 in 40 CFR part 60, appendix A to test each cover seal
and cover connection for detectable organic emissions. Seals on
floating membrane covers shall be monitored around the entire perimeter
of the cover at locations spaced no greater than 3 meters apart.
(ii) For all cover connections and seals except for the seals
around a rotating shaft that passes through a cover opening, if the
monitoring instrument indicates detectable organic emissions (i.e., an
instrument concentration reading greater than 500 ppmv plus the
background level), then a leak is detected. Each detected leak shall be
repaired in accordance with paragraph (f)(7) of this section.
(iii) For the seals around a rotating shaft that passes through a
cover opening, if the monitoring instrument indicates a concentration
reading greater than 10,000 ppmv, then a leak is detected. Each
detected leak shall be repaired in accordance with paragraph (f)(7) of
this section.
(5) An owner or operator may designate a cover as an unsafe to
inspect and monitor cover if all of the following conditions are met:
(i) The owner or operator determines that inspection or monitoring
of the cover would expose a worker to dangerous, hazardous, or other
unsafe conditions.
(ii) The owner or operator develops and implements a written plan
and schedule to inspect the cover using the procedure specified in
paragraph (f)(3) of this section and monitor the cover using the
procedure specified in paragraph (f)(4) of this section as frequently
as practicable during those times when a worker can safely access the
cover.
(6) An owner or operator may designate a cover installed and placed
in operation before December 6, 1994, as a difficult to inspect and
monitor cover if all of the following conditions are met:
(i) The owner or operator determines that inspection or monitoring
the cover requires elevating a worker to a height greater than 2 meters
above a support surface; and
(ii) The owner and operator develops and implements a written plan
and schedule to inspect the cover using the procedure specified in
paragraph (f)(3) of this section, and to monitor the cover using the
procedure specified in paragraph (f)(4) of this section at least once
per calendar year.
(7) When a leak is detected by either of the methods specified in
paragraph (f)(3) or (f)(4) of this section, the owner or operator shall
repair the leak in the following manner:
(i) The owner or operator shall make a first attempt at repairing
the leak no later than 5 calendar days after the leak is detected.
Repair of the leak shall be completed as soon as practicable, but no
later than 15 calendar days after the leak is detected. If repair of
the leak cannot be completed within the 15-day period, except as
provided in paragraph (f)(7)(ii) of this section, then the owner or
operator shall not add hazardous waste to the tank, surface
impoundment, or container on which the cover is installed until the
repair of the leak is completed.
(ii) Repair of a leak detected on a cover installed on a tank or
surface impoundment may be delayed beyond 15 calendar days if the owner
or operator determines that both of the following conditions occur:
(A) Repair of the leak requires first emptying the contents of the
tank or surface impoundment; and
(B) Temporary removal of the tank or surface impoundment from
service will result in the unscheduled cessation of production from the
process unit or operation of the waste management unit that is
generating the hazardous waste managed in the tank or surface
impoundment.
(iii) Repair of a leak determined by the owner or operator to meet
the conditions specified in paragraph (f)(7)(ii) of this section shall
be performed at the next time the process, system, or waste management
unit that is generating the hazardous waste managed in the tank or
surface impoundment stops operation for any reason.
Sec. 265.1090 Recordkeeping requirements.
(a) Each owner or operator of a facility subject to requirements in
this subpart shall record and maintain the following information as
applicable:
(1) Documentation for each cover installed on a tank in accordance
with the requirements of Sec. 265.1085(b)(2) or Sec. 265.1085(b)(3) of
this subpart 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
Sec. 265.1091(c) of this subpart.
(2) Documentation for each floating membrane cover installed on a
surface impoundment in accordance with the requirements of
Sec. 265.1086(c) of this subpart 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(e) of
this subpart.
(3) Documentation for each enclosure used to control air emissions
from containers in accordance with the requirements of
Sec. 265.1087(b)(2)(i) of this subpart that includes information
prepared by the owner or operator or provided by the manufacturer or
vendor describing the enclosure design, and certification by the owner
or operator that the enclosure meets the specifications listed in
Sec. 265.1087(b)(2)(ii) of this subpart.
(4) Documentation for each closed-vent system and control device
installed in accordance with the requirements of Sec. 265.1088 of this
subpart 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 (a)(4)(ii) of this section or by performance tests as
specified in paragraph (a)(4)(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 Sec. 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 Sec. 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 Sec. 265.1035(b)(3) and all test results.
(iv) Information as required by Sec. 265.1035(c)(1) and
Sec. 265.1035(c)(2).
(5) Records for all Method 27 tests performed by the owner or
operator for each container used to meet the requirements of
Sec. 265.1087(b)(1)(iii) of this subpart.
(6) Records for all visual inspections conducted in accordance with
the requirements of Sec. 265.1089 of this subpart.
(7) Records for all monitoring for detectable organic emissions
conducted in accordance with the requirements of Sec. 265.1089 of this
subpart.
(8) Records of the date of each attempt to repair a leak, repair
methods applied, and the date of successful repair.
(9) Records for all continuous monitoring conducted in accordance
with the requirements of Sec. 265.1089 of this subpart.
(10) 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.
(11) Records for all inspections of each cover installed on a tank
in accordance with the requirements of Sec. 265.1085(b)(2) or
Sec. 265.1085(b)(3) of this subpart that includes information as listed
in Sec. 265.1091(c) of this subpart.
(b) An owner or operator electing to use air emission controls for
a tank in accordance with the conditions specified in Sec. 265.1085(c)
of this subpart shall record the following information:
(1) Date and time each waste sample is collected for direct
measurement of maximum organic vapor pressure in accordance with
Sec. 265.1084(c) of this subpart.
(2) Results of each determination for the maximum organic vapor
pressure of the waste in the tank performed in accordance with
Sec. 265.1084(c) of this subpart.
(3) Records specifying the tank dimensions and design capacity.
(c) An owner or operator electing to use air emission controls for
a tank in accordance with the requirements of Sec. 265.1091 of this
subpart shall record the information required by Sec. 265.1091(c) of
this subpart.
(d) An owner or operator electing not to use air emission controls
for a particular tank, surface impoundment, or container subject to
this subpart in accordance with the conditions specified in
Sec. 265.1083(c) of this subpart shall record the information used by
the owner or operator 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.
(e) An owner or operator electing to comply with requirements in
accordance with Sec. 265.1083(c)(2)(vi) or Sec. 265.1083(c)(2)(v) of
this subpart shall record the identification number for the
incinerator, boiler, or industrial furnace in which the hazardous waste
is treated.
(f) An owner or operator designating a cover as unsafe to inspect
and monitor pursuant to Sec. 265.1089(f)(5) of this subpart or
difficult to inspect and monitor pursuant to Sec. 265.1089(f)(6) of
this subpart shall record in a log that is kept in the facility
operating record the following information:
(1) A list of identification numbers for tanks with covers that are
designated as unsafe to inspect and monitor in accordance with the
requirements of Sec. 265.1089(f)(5) of this subpart, an 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.
(2) A list of identification numbers for tanks with covers that are
designated as difficult to inspect and monitor in accordance with the
requirements of Sec. 265.1089(f)(6) of this subpart, an explanation for
each cover stating why the cover is difficult to inspect and monitor,
and the plan and schedule for inspecting and monitoring each cover.
(g) All records required by paragraphs (a) through (f) of this
section except as required in paragraphs (a)(1) through (a)(4) of this
section shall be maintained in the operating record for a minimum of 3
years. All records required by paragraphs (a)(1) through (a)(4) of this
section shall be maintained in the operating record until the air
emission control equipment is replaced or otherwise no longer in
service.
(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.
Sec. 265.1091 Alternative tank emissions control requirements.
(a) This section applies to owners and operators of tanks electing
to comply with Sec. 265.1085(b)(2) or (b)(3) of this subpart.
(1) The owner or operator electing to comply with
Sec. 265.1085(b)(2) of this subpart shall design, install, operate, and
maintain a fixed roof and internal floating roof that meet the
following requirements.
(i) The fixed roof shall comply with the requirements of
Sec. 265.1085(d)(1) of this subpart. The internal floating roof shall
rest or float on the waste surface (but not necessarily in complete
contact with it) inside a tank that has a fixed roof. The internal
floating roof shall be floating on the waste surface at all times,
except during initial fill and during those intervals when the tank is
completely emptied or subsequently emptied and refilled. When the roof
is resting on the leg supports, the process of filling, emptying, or
refilling shall be continuous and shall be accomplished as rapidly as
possible.
(ii) Each internal floating roof shall be equipped with one of the
following closure devices between the wall of the tank and the edge of
the internal floating roof:
(A) A foam- or liquid-filled seal mounted in contact with the waste
(liquid-mounted seal). A liquid-mounted seal means a foam- or liquid-
filled seal mounted in contact with the waste between the wall of the
tank and the floating roof continuously around the circumference of the
tank.
(B) Two seals mounted one above the other so that each forms a
continuous closure that completely covers the space between the wall of
the tank and the edge of the internal floating roof. The lower seal may
be vapor-mounted, but both shall be continuous.
(C) A mechanical shoe seal. A mechanical shoe seal is a metal sheet
held vertically against the wall of the tank by springs or weighted
levers and is connected by braces to the floating roof. A flexible
coated fabric (envelope) spans the annular space between the metal
sheet and the floating roof.
(iii) 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 waste surface.
(iv) Each opening in the internal floating roof except for leg
sleeves, automatic bleeder vents, rim space vents, column wells, ladder
wells, sample wells, and stub drains is to be equipped with a cover or
lid which is to be maintained in a closed position at all times (i.e.,
no visible gap) except when the device is in actual use. The cover or
lid shall be equipped with a gasket. Covers on each access hatch and
automatic gauge float well shall be bolted except when they are in use.
(v) Automatic bleeder vents shall be equipped with a gasket and are
to be closed at all times when the roof is floating except when the
roof is being floated off or is being landed on the roof leg supports.
(vi) Rim space vents shall be equipped with a gasket and are to be
set to open only when the internal floating roof is not floating or at
the manufacturer's recommended setting.
(vii) Each penetration of the internal floating roof for the
purpose of sampling shall be a sample well. The sample well shall have
a slit fabric cover that covers at least 90 percent of the opening.
(viii) 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.
(ix) Each penetration of the internal floating roof that allows for
passage of a ladder shall have a gasketed sliding cover.
(2) The owner or operator electing to comply with
Sec. 265.1085(b)(3) of this subpart shall design, install, operate, and
maintain an external floating roof that meets the following
requirements:
(i) Each external floating roof shall be equipped with a closure
device between the wall of the tank and the roof edge. The closure
device is to consist of two seals, one above the other. 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 either a mechanical shoe seal or a
liquid-mounted seal. Except as provided in paragraph (b)(2)(iv) of this
section, the seal shall completely cover the annular space between the
edge of the floating roof and tank wall.
(B) 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 as allowed in paragraph (b)(2)(iv) of this
section.
(ii) Except for automatic bleeder vents and rim space vents, each
opening in a noncontact external floating roof shall provide a
projection below the waste surface. Except for automatic bleeder vents,
rim space vents, roof drains, and leg sleeves, each opening in the roof
is to be equipped with a gasketed cover, seal, or lid that is to be
maintained in a closed position at all times (i.e., no visible gap)
except when the device is in actual use. Automatic bleeder vents are to
be closed at all times when the roof is floating except when the roof
is being floated off or is being landed on the roof leg supports. Rim
vents are to be set to open when the roof is being floated off the roof
leg supports or at the manufacturer's recommended setting. Automatic
bleeder vents and rim space vents are to be gasketed. Each emergency
roof drain is to be provided with a slotted membrane fabric cover that
covers at least 90 percent of the area of the opening.
(iii) The roof shall be floating on the waste at all times (i.e.,
off the roof leg supports) except during initial fill until the roof is
lifted off leg supports and when the tank is completely emptied and
subsequently refilled. The process of filling, emptying, or refilling
when the roof is resting on the leg supports shall be continuous and
shall be accomplished as rapidly as possible.
(3) The owner or operator may elect to comply with
Sec. 265.1085(b)(2) or (b)(3) of this subpart using an alternative
means of emission limitation for which a Federal Register notice has
been published in accordance with the requirements of 40 CFR 60.114b
permitting its use as an alternative means for the purpose of
compliance with 40 CFR 60.112b.
(b) Monitoring and inspection of the control equipment described in
paragraph (a) of this section shall be conducted as follows:
(1) After installation, owners and operators of internal floating
roofs shall:
(i) Visually inspect the internal floating roof, the primary seal,
and the secondary seal (if one is in service), prior to filling the
tank with waste. If there are holes, tears, or other openings in the
primary seal, the secondary seal, or the seal fabric, or defects in the
internal floating roof, or both, the owner or operator shall repair the
items before filling the tank.
(ii) For tanks equipped with a liquid-mounted or mechanical shoe
primary seal, visually inspect the internal floating roof and the
primary seal or the secondary seal (if one is in service) through
manholes and roof hatches on the fixed roof at least once every 12
months after initial fill. If the internal floating roof is not resting
on the surface of the waste inside the tank, or there is liquid
accumulated on the roof, or the seal is detached, or there are holes or
tears in the seal fabric, the owner or operator shall repair the items
or empty and remove the tank from service within 45 days. If a failure
that is detected during inspections required in this paragraph cannot
be repaired within 45 days and if the tank cannot be emptied within 45
days, a 30-day extension may be requested from the Regional
Administrator. Such a request for an extension shall document that
alternate capacity is unavailable and specify a schedule of actions the
owner or operator will take that will assure that the control equipment
will be repaired or the tank will be emptied as soon as possible.
(iii) For tanks equipped with a double-seal system as specified in
paragraph (a)(1)(i)(B) of this section:
(A) Visually inspect the tank as specified in paragraph (b)(1)(iv)
of this section at least every 5 years; or
(B) Visually inspect the tank as specified in paragraph (b)(1)(ii)
of this section.
(iv) Visually inspect the internal floating roof, the primary seal,
the secondary seal (if one is in service), gaskets, slotted membranes,
and sleeve seals (if any) each time the tank is emptied and degassed.
If the internal floating roof has defects; the primary seal has holes,
tears, or other openings in the seal or the seal fabric; or the
secondary seal has holes, tears, or other openings in the seal or the
seal fabric; or the gaskets no longer close off the waste surfaces from
the atmosphere; or the slotted membrane has more than 10 percent open
area, the owner or operator shall repair the items as necessary so that
none of the conditions specified in this paragraph exist before
refilling the tank with waste. In no event shall inspections conducted
in accordance with this provision occur at intervals greater than 10
years in the case of tanks conducting the annual visual inspection as
specified in paragraph (b)(1)(ii) of this section, and at intervals no
greater than 5 years in the case of tanks specified in paragraph
(b)(1)(iii) of this section.
(v) Notify the Regional Administrator in writing at least 30 days
prior to the filling or refilling of each tank for which an inspection
is required by paragraphs (b)(1)(i) and (b)(1)(iv) of this section to
afford the Regional Administrator the opportunity to have an observer
present. If the inspection required by paragraph (b)(1)(iv) of this
section is not planned and the owner or operator could not have known
about the inspection 30 days in advance of refilling the tank, the
owner or operator shall notify the Regional Administrator at least 7
days prior to the refilling of the tank. Notification shall be made by
telephone immediately followed by written documentation demonstrating
why the inspection was unplanned. Alternatively, this notification,
including the written documentation, may be made in writing and sent by
express mail so that it is received by the Regional Administrator at
least 7 days prior to the refilling.
(2) After installation, the owner or operator of an external
floating roof shall:
(i) Determine the gap areas and maximum gap widths between the
primary seal and the wall of the tank and between the secondary seal
and the wall of the tank according to the following frequency:
(A) Measurements of gaps between the tank wall and the primary seal
(seal gaps) shall be performed during the hydrostatic testing of the
tank or within 60 days of the initial fill with waste and at least once
every 5 years thereafter.
(B) Measurements of gaps between the tank wall and the secondary
seal shall be performed within 60 days of the initial fill with waste
and at least once per year thereafter.
(C) If any tank ceases to hold waste for a period of 1 year or
more, subsequent introduction of waste into the tank shall be
considered an initial fill for the purposes of paragraphs (b)(2)(i)(A)
and (b)(2)(i)(B) of this section.
(ii) Determine the gap widths and areas in the primary and
secondary seals individually by the following procedures:
(A) Measure seal gaps, if any, at one or more floating roof levels
when the roof is floating off the roof leg supports.
(B) Measure seal gaps around the entire circumference of the tank
in each place where a 0.32-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.
(C) Determine the total surface area of each gap described in
paragraph (b)(2)(ii)(B) of this section 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.
(iii) Add the gap surface area of each gap location for the primary
seal and the secondary seal individually and divide the sum for each
seal by the nominal diameter of the tank and compare each ratio to the
respective standards in paragraph (b)(2)(iv) of this section.
(iv) Make necessary repairs or empty the tank within 45 days of
identification in any inspection for seals not meeting the following
requirements:
(A) The accumulated area of gaps between the tank wall and the
mechanical shoe or liquid-mounted primary seal shall not exceed 212
cm2 per meter of tank diameter, and the width of any portion of
any gap shall not exceed 3.81 cm.
(1) One end of the mechanical shoe is to extend into the waste
contained in the tank, and the other end is to extend a minimum
vertical distance of 61 cm above the waste surface.
(2) There are to be no holes, tears, or other openings in the shoe,
seal fabric, or seal envelope.
(B) The secondary seal is to meet the following requirements:
(1) The secondary seal is to be installed above the primary seal so
that it completely covers the space between the roof edge and the tank
wall except as provided in paragraph (b)(2)(ii)(C) of this section.
(2) The accumulated area of gaps between the tank wall and the
secondary seal shall not exceed 21.2 cm2 per meter of tank
diameter, and the width of any portion of any gap shall not exceed 1.27
cm.
(3) There are to be no holes, tears, or other openings in the seal
or seal fabric.
(v) If a failure that is detected during inspections required in
paragraph (b)(2)(i) of this section cannot be repaired within 45 days
and if the tank cannot be emptied within 45 days, a 30-day extension
may be requested from the Regional Administrator. Such extension
request shall include a demonstration of the unavailability of
alternate capacity and a specification of a schedule that will assure
that the control equipment will be repaired or the tank will be emptied
as soon as possible.
(vi) Notify the Regional Administrator 30 days in advance of any
gap measurements required by paragraph (b)(2)(i) of this section to
afford the Regional Administrator the opportunity to have an observer
present.
(vii) Visually inspect the external floating roof, the primary
seal, secondary seal, and fittings each time the vessel is emptied and
degassed.
(A) If the external floating roof has defects, the primary seal has
holes, tears, or other openings in the seal or the seal fabric, or the
secondary seal has holes, tears, or other openings in the seal or the
seal fabric, the owner or operator shall repair the items as necessary
so that none of the conditions specified in this paragraph exist before
filling or refilling the tank with waste.
(B) For all the inspections required by paragraph (b)(2)(vii) of
this section, the owner or operator shall notify the Regional
Administrator in writing at least 30 days prior to the filling or
refilling of each tank to afford the Regional Administrator the
opportunity to inspect the tank prior to refilling. If the inspection
required by paragraph (b)(2)(vii) of this section is not planned and
the owner or operator could not have known about the inspection 30 days
in advance of refilling the tank, the owner or operator shall notify
the Regional Administrator at least 7 days prior to the refilling of
the tank. Notification shall be made by telephone immediately followed
by written documentation demonstrating why the inspection was
unplanned. Alternatively, this notification, including the written
documentation, may be made in writing and sent by express mail so that
it is received by the Regional Administrator at least 7 days prior to
the refilling.
(c) Owners and operators who elect to install and operate the
control equipment in paragraph (a) of this section shall include the
following information in the operating record in accordance with the
requirements of Sec. 265.1090(a)(1) and (a)(11) of this subpart:
(1) Internal floating roof.
(i) Documentation that describes the control equipment design and
certifies that the control equipment meets the specifications of
paragraphs (a)(1) and (b)(1) of this section.
(ii) Records of each inspection performed as required by paragraphs
(b)(1)(i) through (b)(1)(iv) of this section. Each record shall
identify the tank on which the inspection was performed and shall
contain the date the tank was inspected and the observed condition of
each component of the control equipment (seals, internal floating roof,
and fittings).
(iii) If any of the conditions described in paragraph (b)(1)(ii) of
this section are detected during the annual visual inspection required
by paragraph (b)(1)(ii) of this section, the records shall identify the
tank, the nature of the defects, and the date the tank was emptied or
the nature of and date the repair was made.
(iv) After each inspection required by paragraph (b)(1)(iii) of
this section that finds holes or tears in the seal or seal fabric, or
defects in the internal floating roof, or other control equipment
defects listed in paragraph (b)(1)(ii) of this section, the records
shall identify the tank and the reason it did not meet the
specifications of paragraph (a)(1) or (b)(1)(iii) of this section and
describe each repair made.
(2) External floating roof.
(i) Documentation that describes the control equipment design and
certifies that the control equipment meets the specifications of
paragraphs (a)(2) and (b)(2)(ii) through (b)(2)(iv) of this section.
(ii) Records of each gap measurement performed as required by
paragraph (b)(2) of this section. Each record shall identify the tank
in which the measurement was performed, the date of measurement, the
raw data obtained in the measurement, and the calculations described in
paragraphs (b)(2)(ii) and (b)(2)(iii) of this section.
(iii) Records for each seal gap measurement that detects gaps
exceeding the limitations specified by paragraph (b)(2)(iv) of this
section that identifies the tank, the date the tank was emptied or the
repairs made, and the nature of the repair.
PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE
MANAGEMENT PROGRAM
33. The authority citation for part 270 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912, 6925, 6927, 6939, and 6974.
Subpart A--General Information
34. Section 270.4 is amended by revising paragraphs (a)(2), and
(a)(3) and by adding paragraph (a)(4) to read as follows:
Sec. 270.4 Effect of a permit.
(a) * * *
(2) Are promulgated under part 268 of this chapter restricting the
placement of hazardous wastes in or on the land;
(3) Are promulgated under part 264 of this chapter regarding leak
detection systems for new and replacement surface impoundment, waste
pile, and landfill units, and lateral expansions of surface
impoundment, waste pile, and landfill units. The leak detection system
requirements include double liners, CQA programs, monitoring, action
leakage rates, and response action plans, and will be implemented
through the procedures of Sec. 270.42 Class 1 permit modifications; or
(4) Are promulgated under subparts AA, BB, or CC of part 265 of
this chapter limiting air emissions.
* * * * *
Subpart B--Permit Application
35. 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, 264.1088, and 264.1091.
* * * * *
36. Section 270.15 is amended by adding paragraph (e) to read as
follows:
Sec. 270.15 Specific Part B information requirements for containers.
* * * * *
(e) Information on air emission control equipment as required in
Sec. 270.27.
37. Section 270.16 is amended by adding paragraph (k) to read as
follows:
Sec. 270.16 Specific Part B information requirements for tank systems.
* * * * *
(k) Information on air emission control equipment as required in
Sec. 270.27.
38. Section 270.17 is amended by adding paragraph (j) to read as
follows:
Sec. 270.17 Specific Part B information requirements for surface
impoundments.
* * * * *
(j) Information on air emission control equipment as required in
Sec. 270.27.
39. Part 270 subpart B is amended by adding Sec. 270.27 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 Sec. 264.1 of this chapter,
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 cover installed on a tank subject to
Sec. 264.1084(b)(2) or Sec. 264.1084(b)(3) of this chapter 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 Sec. 265.1091(c) of this
chapter.
(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 emissions
from containers in accordance with the requirements of
Sec. 264.1086(b)(2)(i) of this chapter that includes information
prepared by the owner or operator or provided by the manufacturer or
vendor describing the enclosure design, and certification by the owner
or operator that the enclosure meets the specifications listed in
Sec. 265.1087(b)(2)(ii) of this chapter.
(4) Documentation for each floating membrane cover installed on a
surface impoundment in accordance with the requirements of
Sec. 264.1085(c) of this chapter 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(e) of
this chapter.
(5) Documentation for each closed-vent system and control device
installed in accordance with the requirements of Sec. 264.1087 of this
chapter that includes design and performance information as specified
in Sec. 270.24 (c) and (d).
(6) An emission monitoring plan for both Method 21 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
Sec. 265.1082 of this chapter.
PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE
PROGRAMS
40. 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
41. Section 271.1(j) is amended by adding the following entry to
Table 1 in chronological order by date of publication:
Sec. 271.1 Purpose and scope.
* * * * *
(j) * * *
Table 1--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
Promulgation date Title of regulation Federal Register reference Effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
[insert date of publication Air Emission Standards for [Insert Federal Register [insert date 180 days
in the Federal Register]. Tanks, Surface reference to final rule]. after date of publication
Impoundments, and in the Federal Register].
Containers.
----------------------------------------------------------------------------------------------------------------
* * * * *
42. Section 271.1(j) is amended by adding the following entry to
Table 2 in chronological order by date of publication:
Sec. 271.1 Purpose and scope.
* * * * *
(j) * * *
Table 2--Self-Implementing Provisions of the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
Effective date Self-implementing provision RCRA citation Federal Register reference
----------------------------------------------------------------------------------------------------------------
* * * * * * *
June 5, 1995............... Air Emission Standards for 3004(n)................... [Insert Federal Register
Tanks, Surface reference to final rule]
Impoundments, and
Containers.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 94-29693 Filed 12-5-94; 8:45 am]
BILLING CODE 6560-50-P
