_, Tuesday
's December 6, 1994
Part IV
40 CFR Part 9 et
Hazardous Waste
Disposal Facilities
Generators; Orgai
Standards for Tanks
Impoundments,
Rule
Environmental
Protection Agency
al:
Treatment, Storage, and
; and Hazardous.Waste
iinic" Air Emission
i, Surface,•
and Containers; Final
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62896 Federal'Register / Vol. 59, No. 233'/ Tuesday* December 6, 1994 /Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY ' .
40 CFR Parts 9,60,260,262,264,265,'
270,ancf271 •' •- . .
PL-64-2-6807: FRL-S110-S]
R1N2060-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.
SUMMABY: 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
oporators 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 specifiedin
the rule. Air emission control
requirements are also added to the
RCRA permit term's and provisions •
specified for TSDF miscellaneous units.
In addition, this action establishes a
now 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
(N-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 EmissionjStandards 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 nilemaking is available for
public inspection and copying in the
RCRA docket. The RCRA docket
numbers pertainingjto 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
P. TSDF Miscellaneous Units
C. Generator 90-Day Tanks and Containers
D. Other RCRA Regulatory Actions
E. Test Methods
in. 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 tp CERGLA Standards
E. Relationship to Clean Air Act Standards
' F. Relationship to Nuclear Regulatory • ' ,
Commission Standards ' .
V. Basis for Final Rule ' . • • •' i
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 Filial 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 canriot,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 j.
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Federal Register / Vol. 59, No. 233 /Tuesday, December 6, 1994 /i Rules and Regulations 62897
controls required by the nnalrule in
operation no later than December 8," ' -
••1997. .. , i". ':-,',. .". '• ";. : ' .
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
controli 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 VLB
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
records1 no later than December 6,199"5.
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
concenitration 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
summajrized-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 GC 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 ho -""
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 thd 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 39.409,
September 27,1990); or
,f2) Addition to hazardous waste to the
waste management unit is stopped and
the owner or operator has begun -"" • •
implementing or completed closure
pursuant to ah 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 m3 (approximately 26 •
gallons) regardless of the organic i .
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 . t
accumulate and transfer hazardous
waste. Considering the small quantity of
haz&rdous waste handled in a sample
collection vial, safety "can, disposal cari,
, arid 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 m3-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,'
theiEPA 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 VIILA.1
"of this preamble. • • .
2. Cfeneral Standards
Fpr each tank, surface impoundment,
or c:ontainer 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
con'trols specified in the rule except
whipn 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 GC standards have been revised '
since proposal. > •
d. 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
haziardous 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. '
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C2898 Federal Register / Vol. 59, No. 233 / Tuesday, "December 6, 1994 /Rules and Regulations
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
(hi 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 Vn.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 (JO.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 mlemaking after
proposal to incorporate additional TSDF
industry data. An opportunity for public
comment on this analysis was provided
by the EPA (refer to sections ni.B and
VLB 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.
i. 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
Vn.A.4 of this preamble).
"The conditions under which a treated
hazardous waste no longer is required to
be managed hi 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 hi which case a volatile organic-
concentration limit for the waste exiting
the process is established by the rule
procedures at a yalue 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
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Federal Register /Vol. 59, No. 233 / Tuesday. December-6. 1994 / Rules and Hegulatkms
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 piiirpose 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
TSDFJ from off-site sources under
different ownership), the;fihal rule
allows the TSDF owner or operator to
determine the waste volatile organic
concentration by either testing the waste
when he or she accepts jdelivery 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.
i • ' -'
4. Tank Standards
Several changes to the tank standards
have ibeen made since proposal. An
exemption from .the tank standards has
beeh;added for those affected tanks used
for biological treatment of a hazardous
1 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^elarified that must
be met for a particular tank to Use a
fixed-roof type coyer 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 forsafety.
5. Surface Impoundment Standards
Changes to the surface impoundments
standards have been made to be
consistent with Jthe 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 m3. 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 m3 •
(approximately 119 gallons), an owner ,
or operatormay 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 underthe 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 m3. Submerged fill of the waste is
not required wheri 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 arid 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
psjrts 264 and 265. The subpart AA
standards have been in effect since 1990
arid establish ,RCRA air standards to ; '
control organic emissions from process" .
veoits 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 .
tcbks,' surface impoundments, and
•obtain containers has been changed to
o:nce every 6 nibnths. After the initial
cipver inspection and monitoring.for , - ;
detectable organic emissions is '
completed, the owner or operator is :
oply required to inspect and monitor
tl;iose cover openings that have been
opened (i.e., have not continuously
remained in a closed, sealed position)
siince 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
oif 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
liriit, 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
iis 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
cphanged 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, .
lie recordkeeping requirements have
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62900 Federal Register'/ Vol. 59, No. 233 / Tuesday, December 6, 1994 / Rules and Regulations
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,
Bubparts AA, BB, and CC. This
amendment is the same as proposed. .
C. Generator 90-Day Tante 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 cjosed-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 lO-6. Because the MIR values for a
few TSDF are estimated-to remain
higher than the historical RCRA taiget,
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 arid
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 J
the EPA to be approximately $23
million. Total nationwide annual cost
\
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Federal Register 7 Vol. 59, No. 233 /^ Tuesday^ December 6. 1994 / Rules frnd Regulations 62001
• for the 90-day tank and container .
controls is estimated to be .^ ' " /.
approximately $7. million. T
The JEPA 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 anhualized *
bastsrThe 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 inthe hazardous
waste.industry are estimated to be less
than 1J5 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
impacits are expected on small
businesses. .•
IV.Backgroand
A. Implementation of RCRA Section .
The; Hazardous and Solid Waste
Amendments of 1984 added section
3004(n) to RCRA. Section 3Q04(n)
directs the EPA to promulgate
regulations for the monitoring and ' ,
control of air emissions from TSDE.as
may be necessary to protect human-
.health!SIi^ toe environment. The EPA
completed the first phase of its
regula'tory development program to
implement this Congressional directive
with the promulgation of RCRA air
standards that control organic emissions
ventecl firom certain hazardous waste
treatment processes (i.e., distillation,
fractionation, thin-film evaporation,
solveiit 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 EISA'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 . v
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
cdnstituent-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 thaJi the
historical RCRA target MIR levels.
B. Public Participation in Rulemaking
T&e 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.
regardingloday'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
da! a available for public inspection at
thei EPA RCRA Docket Office. A; 30-day
comment period, from September 18,
19!32 to October 19; 1992, provided the
public the opportunity to comment on
the; additional data. The EPA received
cojnments on the additional data from
'. onp industrial trade association. Section
VLB of this preamble presents a
suibmary of these comments.. , ,
C. Relationship to Other RCRA,
Sttmdards ,'
. - • '! -
1. RCRA Rules for JTSDF Owners and
Operators
Today's action establishes organic air
eniission control requirements for TSDF .
tanks, surface impoundments, and '.'.
certain containers. Other types of waste
mibiagement 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 rontainef, tank, surface impoundment,
wiistepile, land treatment unit, landfill,
' incinerator, boiler, industrial-furnace, •
•Underground injection well with
appropriate technical standards under
4Cf CFR part 146, or a unit eligible for
a research, development, and- '
' demonstration permit under 40 CFR
27J0.65. 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.
JToday's rule amends § 264.601 to
state that the air emission controls
rejquired by the standards under 40 CFR
2li4 subparts AA, BB, and CC are among
tfcie'"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
ill Section VH.B of this preamble,
\.b. Land disposal restrictions. The
RCRA LDR treatment standards under
40, CFR part 268 require TSDF owners
ailid operators to treat hazardous waste
-- , -. - * •.•.,. • • . - -
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62902 Federal Register / Vol. 59, No. 233 / Tuesday, December 6, 1994 / Rules and Regulations
to reduce the toxidty or mobility of
specific constituents in the waste before
; the TSDP owner or operator can place
' tho 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 RGRA 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 2,63. 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. [4Q:CFR 300.415(i)].:As
explained in section 'VII. A.I,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.
i 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 undera 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(1)]. "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 tothe 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 organi.c
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.
w.. 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
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Federal Register / .Vol. 59, No. 233 / Tuesday, December 6, 1994 /.Rules and Regulations 629O3
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 hot 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 fanning, in
situ treatment activities, and other
activities involving wastepiles and
landfills a!t CERCLA sites.. Although in
most cases the EPA does not expect the
subpart C(3 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 j the waste and binder is
conducted in a tank, surface
impoundinent, 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 Il2(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 iShe 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 IslESHAP squrce categories.
Consequently, facilities at which
hazardous wastes are managed may be
subject tci 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 disciussed further in section VII. A.I of
this preamble. ' ,
V. Basiis for Final Rule
. A. Neifv 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 thel EPA and to address public
comments on the impact analysis '.
methodology received at proposal.
Section VLB 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 forurations. 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
availsible 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
optiaii from further consideration if
anoth'er one of the control options was
estimated to provide the same levtjl of
natioiawide organic emission or cancer
incidence reduction but at a lower cost.
This iis the same control option selection
apprciach the EPA used at proposal.
Basied on'the screening evaluation
results, the EPA selected four control
options for further analysis, hi addition
to the! control Option used as the basis
for th^ proposed rule, the EPA also
analyzed "baseline" impacts. These
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62904 Federal Register / Vol. 59, No. 233 / Tuesday, December 6, 1994 / Rules and Regulations
"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,
andD. -
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 nealth 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 i
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 10Z. The
estimated MER's, assuming '
implementation of the individual
control options, are: 4>x 10~3 for Option
A, 4 x 10-3 for Option B, 2 xlO~2 for
Option Cr 3 x 10 ~2 for Option D, arid
3 x 1C-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.
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Federal Register / Vol. 59, No. 233 / Tuesday, December 6, 1994 / |Rules and Regulations 62905
'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.,
"degree1!' 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 assjumed 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 ojr operator .(after becoming aware
of the air standards) will elect to treat
waste aij 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 pwner 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 OptiJDn B, $240 million for Option C,
$200 million for Option Dj and $140
million tor 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 lOito 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 milliori/yr for Option E.
C. Selection Rationale
' ' :f ' '
From jOptions A through E, the EPA .
selected one-contrpl-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, Jhe 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 IxlO—*
to 1x10 -«. The estimated MIR is an
order-of-magnitude higher for Options
C, D, and E (2xlO-2 for Option C,
3x10 ~2 for Options C and D) .compared
to Options A and B (4x10 -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 aje estimated
to achieve the same level of cancerrisk
reduction (MIR to 4 x 10~2 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 achieve1
.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 oil fewer.
TSDF tanks, surface impoundments,
and containers, Option* B would be Jess
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
incipience is estimated to be reduced by
greater than 95 percent from the:
baseiline value. Furthermore, the MIR for
most of the 2,300STSDF 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
orgajiic emissions from those individual
TSEIF 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
penhitting.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
thesie comments is presented in
"Halzardous Waste Treatment, Storage,
andjDisposal Facilities (TSDF)—
Background Information for
Promulgated Organic Air Emission
Standards for Tanks, Surface
Impoundments, and Containers", EPA
document number EPA-"453/R-947-Q76b
(to obtain a copy of this document refer
to the ADDRESSES section of this
preiimble). The EPA's responses to
topics addressed by many of the —
.cbnimenters are summarized below.
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62906 Federal Register / Vol. 59, No. 233 /Tuesday, December 6, 1994 / Rules and Regulations
A. Development of Air Standards Under
RCRA • •
Comment; Many comments were ,
, received regarding the'extent to which
tha 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, comrrienters
1 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 tho 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.
jResponse: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 thdse 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 ahd'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 RGRA 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 ' - '' :
Remissions 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 GAA 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 FR19402). At many of
these facilities, the hazardous- .
waste-waters 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
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Federal Register / Vqli 59, No. 233 /Tuesday, December 6, 1994 I |Rules and Regulations 62307
emissions, but exempted from . •
regulation under the RCRA air [. ,
standards, would be required to use air
emission contrdlsTinder this NESHAP.,
: In contrast to the NESHAP now being
developjed under GAA section 112, the
EPA has| already achieved progress
toward full implementation of RCRA
section 3004(n), which requires a
, "cradle jto grave" approach to hazardous
' waste management that addresses
.protection of air, water, and
groundwater. Air standards have been
promulgated for TSDF treatment process
vents (silbpart AA in 40 CFR parts 264
and-265i) and for TSDF process
equipment leaks (subpart BB in 40 CFR
parts 204 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 forTSDF tanks, containers,
and surface impoundments to a future
rulemaking under amended CAA ,
section 112 when the EPA can proceed .
now wijth the promulgation of effective
• air standards under RCRA section
3004(n) for these air emission sources.
The RCRA air standards adopted
today dp comply with RCRA section
1006(b). This section requires that the
air standards be consistent with and not
duplieative 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. EP4,976 F.2d at 23 ,.'
(B.C. C|r. ,1992). It is obviously
reasonable for the EPA to view the 1.
RCRA section 3004(n) mandate as a
standard which cannot (or at least need
not) beicompromised. Similarly, the
CAA Amendments of 1990 require that
" air standards developed under the CAA
be consistent with RCRA rules._To
conforrn 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 CFk 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 duplicatiye 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;Cbmplianee
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 y. 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 concentration^ 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 phqtochemically
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 !
that1 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 hi
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 tie reasonable national standards •
nee ded 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-owiier or operator
is Jiot required to manage a hazardous
waste in a,tank, surface impoundment,
or ibontainer 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
waiste. • ' . i
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
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•62908 ^Federal Register / Vol. 59,.No. 233 /Tuesday, December 6, 1994 I'..Rules and Regulations
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 \yith 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 OFR-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 CG 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
some times 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 drt 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 cornmenter •'
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 '
cornmenter believes that the EPA's
assumption that 75 percent of the total
waste quantity reported in the waste
data baselo be managed in surface
impoundments is now managed in tanks
is too low. T,he 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 pf
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 riot 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, '
conservativerbut plausible; and result"
in a reasonable overall estimate 6f 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
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Federal Register /:Vol. 59, No. .233 / Tuesday, December 6, 19947 feles and Regulations 62909
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
GFR 264.173 require containers used to
store hazardous waste at TSDF to be
closed except when necessary tq.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 transferor treatment in open ,
containers. :
The EPA also disagrees with the
commenters' conclusion that'managing
hazardouk 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 jpotential of containers. The
revised nationwide baseline emissions
from storage of hazardous waste in i •
.TSDF containers is estimated to be-.
approximately 5,000 Mg/yr. However,
this emission estimate for containers
does not jnclude 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 cbmmon 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
i not using air emission controls. This
would allow organicsin 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 arid
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: v .
(1) The EPA is not authorized under ,
RCRA section 30'04(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).allpw 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 interferejwith the generator's
manufacturing or production processes
with the need to provide adequate
protection of human health and the
environment (45 FR12730, 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)(l)j. The intent
of these pro visions, 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 HO, for example, when tank
standiirds 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 frpm '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
wastei). 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
wastei and are subject to numerous
standards promulgated under the
authority of both RCRA sections 3002
and 3'004. The exemption of 90-day
tanks; and containers from the
permitting requirements of RCRA
subtiile 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" hvRCRA 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
contiiiners 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 if s authority under RCRA section
3004|(n) to amend 40 CFR 262.34(a) by
addtag air emission .control •', '
-------
62910. Federal Register / VoL 59, No. 233 'J Tuesday, December 6, 1994 7 Rules and Regulations
requirements to the conditions required ,
for a 90-day tad; or container to be
exempted from the RCRA permitting
requirements. For these jeasons, the
' EPA rejects' the coromenters' arguments
that the Agency is not authorized or
faile d to cite .authority to use this
rulcmaking to amend the exemption
requirements lor 90-day tanks and
containers. In addition, the EPA .rejects
the argument that the exemption
requirements are imdnr fheEPA'.s pre-
HSWA authority and, therelore,.are not
applicable in authorized States until the
individual States are authorized -to
implement the rule {See 51FR 25464,
July 14,1986, where the ERA indicated
that the .modifications to 40 CFR 262.34,
to reflect amended lank-standards., were
HSWAjules).
As a variation oTthe 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 ,fhat
the explicit inclusion ol such authority
under'RCRA section 3004&0 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 fin ding, and
the EPA's conclusion, as discussed later
in this section, Is that bn-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 30O2 to amend 40 FR 262.34(a).
One commenter states that, although
RCRA section 30Q2laj{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 jsection 3002(aH3) 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 rulemakiqg is in full •
conformance with section 553{b}(23 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 1930, as cited above, that
the appropriate balance between
protecrjion>oftthe RTi-viTnTiBTrt and . *,
nnnintarfergnrB *Mnfh -mnrnTfarrtiirmg
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 «missions from 90-day
tanks and containers are approximately
76,000'Mg/yr. Given the significant
organic emissions from SO-day tanks
and containers, the -same rationale has
led the EPA to require that 'these units -
comply-wrth the appropriate air
emission control requirements -of the
subparts AA, BB, and CC standards to
maintain an exemption from RCRA
permitting. In contrast, lie EPA decided
not to extend omder this Tulemaking 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 afiBGRA Air
Standards
Comment: A total of 24 commenters
addressed the EPA% proposed action of
modifying the "permit-as-a-shield"
practice to xequire that owners and
operators of TSDF that haveieen 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
permilis reviewed or xeissued~by the
EPA. Four jof-.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 he contrary to
congressional intent;
(2J Violates the due process rights of.
permittees, which are -normally,
-protected through the permit process;'
t3) 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 aTSDF.;
t4) Is jcontrary to previously stated
policy whereby the EPA hinds itself to
• the prhiciple 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 froman
exercise of ihe EPA's regulatory
authority and was first codified in'the
1980 implementrnigTegulations of the
RCRA permit program (45 FR 33290,
May 19,1-980). It is not a provision of
RCRA and is therefore no part of the
stattrtory mandate hy Congress to
manage the Nation's hazardous wastes.
Shell Oilv. EPA, 1950 F.2d at 741, 762
(D.C. Chvl991J.Becauseltisa ,
- 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 fromTSDF 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 rugh 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-shieM" practice for this
limited case.
:' The "permit-^s-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.proceduial
due process rights of individuals. The
"permit-as-a-shield" practice was .
established hy regulations promulgated
. by the EPA and therefore can foe .
-------
Ma. 233 /
6., 19SNI I (Rates sradf Itegntstiais ' •' 62911
neces
• does'not: vest th« regulated community/
with a right to, a variance from all new
RCRA BegiilatieHM. ^tirtbetMfgg, tb/e
proposal put the public on notice that
' the EPAwas planning to modify the •
"permit-'asrarshdield" practice in. this
rule, and the-pubhc has therefore; had an
opportunity for meaningful comment ea
the issue. -.
- The EPA continues t»believe that the
fundamental components o£the RCRA>
program and thai, by ami-large,
compliance, with the permits, should,
constitute compliance with the RCRA.
program! Feu; the cither rulemakings for
-which. &aEPA,ieacinded the"peiiQit-
"-
. detetiained that the risk to human
health^ and theen-vironcoaentwas^too
high to ai^w the practice to caatiaae .
: (for remaining permit periods), and
required1 that alt TSDF complywith, the
new requirements regardless of their
peraaii statusu,Th&EPA has determined -
that aHawing owners, and operators of
permitted TSDF to; be shielded from.
i compBai^e with the-rsgulatoiy
requirer4ertta-Q:£sulipaEts.AA»BB, and
• .CC standards: will allow excessively,
. lugh riskk/Tadayi's action by the EPA
does ni^|nfigate to \^ua of the/RCRA)
permit program or the, "peEnaitas,~a-
shieM" practice.Jhstead, theEFA is
' niakmgadistinction.between a.
provision tnat is sufficfently pxatective
in most cases.and one^that,, under
t specific sfituatians, is not sufficiently
- protective;
The EPA disagrees with the
commenters''claims that the permit
modification process can, adequately
accommodate tie timely
'implementation of the subpart CC
standard^. For the EPA to. apply the
subpart CC standards into permits by
. way of modifications wouM require a
significant and unreasonable resource
" ccnrrmitment. FuTtherraorB, the fact that
exfsring^ permits can te modified to
incorporate hew-regulatory
reqraremsnts fper 40 CFR 27O.41fa}f3).,
-which implements RCRA section ":
3005 fcK»)] shows feat "permit-as-a-
i shield" is.hatdly an iawtolate- principle.
The ruehhaking simply accomplishes
.nationally what a modificatkm would
.accomplish rndrvidtraUy. Accordingly,
the EPA developed thesnbpazl AA, B%,
and CC standards to he"iseli-
' implementing't.so that State, and
its!
faeifities wiS be;abfe to comply
with the regulatory standards in tbe
samew^aisal.iQtenHFStsEi!is feeilitfes
must coB^fy; Modifying "pera&It-ast-a
shieM" fiir^rese- rales eBmanatesffiiy '
confusion OF ambiguity as to. which •
f ^JF is; smbjeefe to tfae requirerfleHts.
As noted ay? the comraeBlras, the EPA
j stated a policy fear
rmit
33290:)- However, Has, does. notmean
feat the policy far
nevex-agreed to "biudM itself toamy
partiealar policy OE provision. Instead,
the, EPA may adhere to a general
practice or policy wiflt the
understaiidirig that, if the cireumstances
warrant and the EPA provides a rational!
explanaf ion, it caa modify or rescind a
particular provision. It should be noted",
for.example, that Congress has smce "
amended RCRA ta require tbat air
emissions rromTSDFbeGOTite01fed, aiid
'.in the same- amendments provide that
the EPA may reopen perasteto add:
conditions reflecting new eoHtFoi .
praetiees and to recfcess potential risks •
posed by &effacaay plCRA sectioa
3005(c)(3) and S. Rep. No. 2S4, S8&
Cong,1st Sess. at aiJ.-Here, the- EPA is
-determining that there are- excessively-
high risks from 'these facilities, and
therefore that feese more protective
.provisions- sl»uld'l>e«»sne effective -
rrrMHedistefy,
It should also be meted! that i&e-EPA
does-, not intend to rescind ^permft-as-a-
shieM*' oa« regtdar rar fie^ierrt basis- for
other rulemakings. As stated^ eaaSfer^ the
EP A- generally does view "perrrtit-as-a-
shield'* as a: beneficial and fegilnnats -
part of. the. RCRA program and that^ hi
most cases, it wiH apply .
. The EPA befieves that the
csHmnenters. elamiing that remox'ing
"permit-as-a-shieM" will be disruptive
to TSDF'implementatioji plarmrng-are
greatly overstatmg the adverse or
disruptive effects-that an accelerated
implementation will have on TSDF
owner and operator planning and .
operations because the- control
• technologies for fe different kinds of
management units are varied and
wid^y availabfe. The EPA specifically
considered the eosts^and economic
ira'pacts of the-varioes'cBKtrol options in-
the regulatory impact analysis for the
pseppsed mle fRCRA-doeket entry
number F-^l-CESaP^-SOO^S*):. Based on
this analysis, the EPA foumd tot the
costs of installing- and operating' air
emission control-, equipment required by
the cdntroJ options are- profected to be '
less thara t percent of the total cost of";
hazardous waste. rnanagement at TSDF. -
supply awail^»Kly/€«sstralnts-iestiitiHg
fKHKk these rules sferotld be sfeort tesnt,;. .
if at aKL Fustfrennora', TSJF own«» sotd;
operiators: required te&staB ear emissioa
control equipment to comply with tb» '
subpart CC standards are allowed up to
am at JditionaJ 3& inbnt&s afterthe- rale-Is
effeeitive date to eorapfetethe . '
eqaipmenf des%i arid1 installation if
they'|can document thert tbe air emission
controls eaimot be instaiBed ancl '
operating by t&e eflective ctete", for •
reas«ms- such as- tbe nnavailabilrty of '
control eqtHpmefrt;
Also, the EPA expects, that many
"TSDF owners- and operators will choose
to treat their hazardous waste earlier- in
the rbtanagement sequence that they' now
do tef reduce the organic content of the
waste in accordance with one of the
treatment requirements allowed for i»
the final subpart CC standards, and thus
avoid the- costBfinstaHing and •
operiiting- the controi equipment on the
dowjistream tanks-, surface
im-pfrarxdments, and containers. The
EPA'also- eneotrrages- the use of
pollution prevention techrriqnes; as a
mearts- of reducing tbtrquantity of 'waste
geneiratedv the organic cbncei^ratlon of
the vraste, or the toxisity of coitslilusnts:
in thewaste>.
' '
date;
repreiseHtatives &eas£t fee hazardous
wast*? treatment iHdastry aotified the-
EPA jof tbeir opimen t&at the draft
requirements for- waste stabilization
operzitiorjsis performed in tanks are
ecoMbmically and' technically rnfeasible. •
These draft .requirements are included -
in » May 19, 1994 interiin review draft
of th«j.fiaal rule,, made publicly available
in June 1994. {See RCRA docket entry
miinljer F-94-CESP-S0050gi. J -'MorBovftr,
the iiiidustry indicated that volatihzatfoii
of or|>anie- eonstrtuents during
stabi!S2:atiert operations are negligible.
No- dijta were submitted to the EPA in
sirppibrt of these assertions, fadustry
representatives nevertheless feel
strorrlgly that for the majority of waste :
streains n-eated by stabilization,, the
organic constituents- in the waste are not
volatilized during the stabilization.
procefss: Additionally., they allege that .
for these same stabilization operations:
- flj It is technically infeasibie to
comply- wrth the air emission control'.
requirements for tanks irtthe subpart CC
standards;: aid:
(2 Jit is- not feasible to- treat organic
wast€| prior to- stabilization, such ^that the
volktile organic concentratibrt of the .
waster eBterirfg the stabilfzatixm process
wbuliibe below 100 ppmw, and the
-------
62912 Federal Register / Vol. 59. No, 233 7 Tuesday, December 6, 1994 / Rules and Regulations
downstream units managing the waste
(including the stabilization tanks)'
.would thereby be exempt from subpart,
, CC tank control requirements. (See
RCRA dodcetiuunberF-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 tne docket for this
rulemaldng (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
teat 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
2616,401M Street SW., Washington,
DC 20460 Please send an original and
two copies of all information, and refer
to RCRA docket number F-94rCESA-
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.fof 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 amendthe
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 TSDE;,
(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 iii
both 40 CFR parts 264 and 265. Subpart
-------
if
sa, Kcx;2a3
j/ Rates
62913
CC. under 40. GFR parrt 265 estahfisfaes
"*-~1"-J" •f— -'- --isaiuiepeKitQEsaf
Fi-As discussed in
,
and operators of |>firj^tted TSDF thai
jhave been issued final psrmits prior to
. - June 5
pennit is reffiiewed car
..reissued by the EPA. .
• T,he air emission control requireinenis
> of the. fiaalsunpaitCC standards in :40f
'CFKpjpt 264 aadStTGER part 265 ares
identical with the exception of the
; reportuag icquizemen'ts.. There are no,
seporttogEeepiEeiBeiits'iB smbpart CG.
undesiQ.CFR part 265. :
6, Gsnecal applicability, in general,
. tnesubpatt CC standards apply to •
ECRA-permitted tanks, surface,
impeachments,. and containers subject
to 40 GFRpaEt264,subpaEt&|,JC,,OEl» '
respectively, as welLaatointerim^status
,
t coniaineirs.«ubjiect ta 40 CERJpait
., .,-subj9aE&kK,TCl, respectively,; '
However, certain specifictypes of TSDF
•"tanks.- sur£ace.inipmiTMlmqnt5, and
coniamexsaraHC* subject to the subpart
CC standards under applicability ... .
pravisibnsmotlierRCRA.regulatiaiiaas
. TMeHaaiprovisHms included specifically
-to the subpart CC standards,
The siabpartCC standards do not '
apply to;those TSBF tanks,.suifeee :
--impoiin|fTmRnts, fir-^Q-pt^n^ys. e-xcktded.
from regulation. under 4Q GFR264-1, For
exarapi^tTSDFowners.-aiui operators"
are not required to ontaia a EtCRA
permit&r tanks ortant systems that
manage ^hazardous wastewaters.or
wastewater treatmeat sludges and are
subject to regulation, under eitner
section 402 or 3O7(bJ of the dean Water,
Act Jreter to 40 CFR 264H(g}{6l and"4&
CFR 265.ifcJ(IOjJ. Because these tanks •
arejexempted from ^^RCRA, permitting
recpirremfints, they axeiiot subject to. the
reqvurements of 40 CFR parts 264 and
- -265..:Th«s,.the subpart-CGstandards-do
- not apply to a TSDF tank that is
considered to be a part of a "wastewateir
treateeitt unit"-as defined in 4ft CFS
-260^0. Similarly, tbje.suhpait:CC '
: .standards do not apply, ta TSDF tanks,
surface iiapQundments, .or containers/
wh,en these units aie used for
entergeney or spill naanagesient-
activities in accordance witfaj 4O CFR
264.1 (gKBKQ, or 4O CFR 265
staadaxdsaEe only applicable-to
containers wzith.a design capacity'
greater than, or eo^ual to £K.l-ia *
(approximately 2& gafl«HK), Thk
that any container that has, a design
, capacity les& than tkl m 3 is oat suijeet
of tJae volatile organic-concentratioa of
the hazardous waste placed in the-
container. , . .. i - • '
The safapart CC standards apply only
to TSDF teaks;, surface iHapotradiaents,
and containersi in wfaicb an owner or
operator places hazardous waste on or
after June 5,1995. .Wife respect fa
suEfirce iFHpoandHientsi theEPA has
already e^rpiaSttec? that RGEA :
regulatHmadfe not apply to •
Jmpoandinente-at whieh-Ihere-feno
active mana^ment of6azardous waste
after the rale's efiectfye date fsee-55 FR
39«», September 27, f9QQ}. This-woaJd
rochwJe bHpotmdments- t&at eease
operation be&nsefee-rule's effective
date, and tmpoundmeats 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 t&e rule's
efiective date for which tha
impoundmentis the final^^ disposal site
;for hazardous waste alreadym the unit
(i.e., the impoundment is a disposal
unit) and hazardous wastes are not
actively managed in the unpoundmenl.
Id. The principle iatoday's.ruleis
consistent with-this ejeisting "-. .
.interpretatjon. ..' "
The rationale for not applying the
skbpaitCCstandaids.to tanks and,
containers that do not ieceiv,e hazaEdoa
waste after the effective-date is -
somewhat different. Under fiiesubpart
CC standards, the-meedl to apply air;
emissaoa coatEols: ta a- paEttEttlaE'taak, or
container is dBtenan-Ded by/fee engaaie.
content of the hazardous waste: at: a .--
point priorto bemgpbeed; in the teak
or container (tins, is diacassed in fee
followingsectioBiuHder"Generai
Standards'% In many/'steatkms wiieie
existing tanks and containeES a* a TSDF
already hold hazardous waste but na
longer receive new wastes, a TSDF •
dwner'or operator wili fee- unable to.
. specified in the rale; because- waste :
samples eansant be collected at the
required locattoasand the ov/ner or '
operator has inauffici^tt knowledge
about the1 wasta. FmAexmore, even if a
waste determination cam be: performed;
for these tanks or oorttainers bat the
units pfeseatly are uncoweE^i or have;
Qtheropesmgsi mast if not afi of the
volatile o^anics in the waste have mosi
h'kely abeady been emitted; to the
atmosphere. Thus,, the EPA derided that
air emission control requirements
should pi% apply to tba^ tanks and/
Gontaiaers in which hazardous waste is
placedi «m or after theeffieetiffe date of
' ' --•••• -"
Was H>A decided notfejapply the '
subpartCC standards to a tank onceian
owner or operator stops adding. • --.
iaZardous waste to the unit aodbegms
cfejsare pmrsaant to-ait approved closure
pirn^because in many eases, nse of the
re
-------
62914 -Federal Register I Voh 59,. No. 233 / Tuesday,' December 6,' 1994 / Rules and Regulations :
or Statelaws. 56 FR at 33497-98 (July -
22,1991). =.. ' • .
Coinmenters 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,1 on a site-
spedflc 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
tho initial list of source categories under
CAA section 112, and the EPA currently
is scheduled to issue technology-based
standards to controlemissions 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 NRG 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
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.'^
the dnim from reaching .dangerous
levels: The EPA is planning to further
investigate methods for effective control
of organic emissions from waste
management unite 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 offrsite.
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 hi 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 wastet 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 hi 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
(3j 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
-------
Federal Register /TVol. ^59, No. 233 /.Tuesday, December 6, 1994 »/ Rules and Regulations ^62915
than 100 ppmw with sufficient ;
quantities of other hazardous wasta ;,T
/streams, having a volatile organic :. ..-'
• concentration less-than 100 ppmw (or
. water 0r 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 organicsinthe waste does
not change since no organics were
removed of destroyed from the waste. •-
L 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 asa means; for complying with the
requirements specified in the subpart
CC standards for placing treated -
hazardous'wasteln affected tanks, .; •: •
surface impoundments, or containers-
not using the required air emission
controls; Consequently, when a
hazardous waste is treated by an organic
destrufction-or removal process and-the
hazardous waste has been mixed 6r
aggregated together with other ;
hazardous wastes or materials with a
-. volatile organic concentration less than
100 ppmw priorto 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 ajsite-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
accouritSifbr'the portion of the reduction
in the volatile organic concentration in •
the resulting treated hazardous waste
streamldue to dilution. To use this ,
equation, the owner or operator must -
first determine the volatile organic
concentration af 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 Hmit for a
treatment process, the subpart CG -
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 a]t 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 vojatile^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 minim.um 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-too 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 of greater than 95 percent; or
(2) Achieve a total actual'orgahic 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 iising the procedures
specified in rule. ; -
The EPA may at any tune 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 .
aiij emission, controls in accordance with
the requirements of the subpart CC
stalndards. Measurement results
showing that the volatile organic . .
concentration of the hazardous waste is
equal to or greater than 100 ppmw
co:ostitutes noncompliance with the
subpart CC standards. However, in a .
case where the owner or operator has .
used an averaging period greater than l
hoyr-for determining the volatile
organic concentration of a hazardous
wsiste, the-Regional Administrator may .
consider information that was used by
the owner or operator to determine the
average volatile organic concentration of
this hazardous waste (e.g., test results,
measurements, calculations, and other
documentation) together with the
resiults of the waste determination in '
• determining whether the owner or. •
operator, is in compliance with the
isubnart CC standards. -• ,
3.'Waste Determination Procedures'
A determination of the volatile <
.orjjanic concentration of a hazardous
wajste 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.
.' th«! rule that does not use air emission
controls in accordance with the
requirements of the rule. A TSDF owner
or -pperator is not required to determine
the! volatile organic concentration of the
wa^te if it is placed in a tank, surface
impoundment, or container using the
reqiuired 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 '
dei;ermination of the average volatile
organic concentration of the waste
stream before the first time any portion
of Ihe material in the waste stream is
plajced in a 'waste management omit
subject to the rule, and thereafter update
thej information used for the waste '
determination:at least once every 12
months following the date of the initial
waste determination. When the • •: '
haSiardous waste is generated as part of
' a batch process that is performed
-------
62916 Federal Register / Vol. 59, No. 233 / Tuesday, December 6, 1994 / Rules and Itegulatlons
repeatedly but not necessarily .. •
continuously/the owner or operatoris
required to perform an initial waste
• determination of the" averagevolatile .
organic concentration for one or more .
representative waste batches generated
by the process before the first time any
portion of the material in 1he these
. waste batches is placed in a waste
management unit subject to the rule,.
and thereafter update fee information
used for the waste determination at least
once «very 12 months following -the date
of the initial waste'determination.-For
either case, the owner or operator is
required lo perform a new waste
determination whenever changes to the
process generating the hazardous waste
ate'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
deternunationxnust be performed for
each averaging period.
» Waste determinations should be
perforated for any waste that is
genef&tedasapartofanunplanned •
eventoris'generatedasapartofan , •
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 processor 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 eource or process generating
-------
: - : I federal -Register / Vol. 59, No. 233 / Tuesday. December 6, 1994 / Rules and Regulations 62917
- subpart CC standards for a tank in
which! all hazardous wastes-placed.in- the
unit h4s been treated tp'remove dr ? ;
destroy organics in accordance with the
.-requirements specified!in the general
;_ -standards. •
Also|, the tank standards.dq 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 conditionsmust be •
'••-•V demonstrated to qualify for this' - •
exemption:'(1) The organic reduction
efficiency for the process is equal to or
;'greater man 95 percent, and the organic
- biodegradation efficiency for the process
is equal .to .or greater than 95 percent; or
v/ . (2) the total actual organic mass
biodegradation rate for all hazardous
, •• • 'waste treated by the process is equal to
-•'.-. ..'. or greaterthan 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 ihe following
••... - air emission control systems: (l) A cover
that is connected through a closed-vent
system to a control device; (2) a fixed-
.roof type cover with an internal floating
;"...-'• ,-robfthat -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 JNSPS; or (4) a pressure tank that
• is designed to operate as a closed "
; system.! Under me subpart CC standards,
. an owner or operator is allowed to use
./• - a fixed-roof type cover (without any
additional controls) for affected tanks
under qertain conditions.
Four (conditions must be met for a
particular tank before use of a fixed-roof
type coyer (without any additional
•, controls) is allowed under the subpart
CC standards. First, the hazardous waste
cannotbe mixed, stirred, agitated, or
.. circulated within the tank by a process
• . that results in splashing, frothing, or
visible turbulent flow oh 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 me 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 m3
(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?, then the •
maximum organic yapor pressure of the;
waste in the tank must be less man 27.6
kPa. For a smaller tank (design capacity
less than 75 m3), 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 whenit 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 mat 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 wirn 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
toaste 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
'. thei rule.' '•••-<••
The requirements under the subpart
CC standards for surface impoundment ."
air'emission control equipment are "
coiisistent wim 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 m3) usingair
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 man 0.1 m3
regardless of the volatile organic
concentration of the hazardous waste
^placed in the container.
Fjor affected containers used for , • '
storage', treatrnent, or handling of ': ,
. .hazardous waste, the owner or operator
- is required to use either:.{!) A container
that is equipped wim a vapor leak-tight
cov^r; (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 (DOTJ regulations on
packaging hazardous, waste for transport
under49CFRpartl78;«r(3Ja
container that is attached to or forms a
part of any truck, trailer, or railcar and .-
thai: 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 ajcontrol device at all times mat 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
reqiiired to be performed using
submerged fill loading.
Title requirement for use of leak-tight
covers on containers is established by
testing the coyer for no detectable
organic emissions as determined using'
Method 21 in 40pFR part 60, appendix
-------
Tuesday, December 6, 1994 / Rules and Regulations
A. The test is performed whenall
openings in. the cover fe.g,, lids, bungs.
.hatches, and sampling ports) are •• ,
secured in a closed, sealed, position.
"Under certain circumstances, the EPA
has detennined'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 vaporrsuppressing foam is an
acceptable cover forroll-off boxes used
for short-term storage (e.g.. less than 30
< days) ofbulksolidmaterials(referto
RCRA docket entry number F-«4-
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
containersvdth adesign capacity less
than or equal to 0.46 m3, the subpartCC
standards allow an owner or operator to
place the hazardous -waste innrams -•
meeting the DOT specifications and
testing requirements under 49 CFRpart
178. When a container meeting these -
DOT regulations is used, no leak .
detection monitoring narxecordkeeping
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
subpartCC standards.
The subpart CC container standards
allow uso of a tank track 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 truckinto-which gasoline is
placed. The EPA considers Method 27
also appropriate for determining vapor-
leak tightness of lank 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 mustrbe 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 placedinside the enclosure,
the pressure drop across each opening
in the enclosure is tobe 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 1he 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 •subpartCC
standards for a closed-vent system with"
control device are the same as those
already applicable to TSDF owners and
operators under sabpart AA in 40 CFR
parts 264 and 265 with one exception. •
The-sunpart 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 coraected 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 andMonitoring
The subpart CC standards provide
exemptions from inspection and
monitoring for specific circumstances •
defined in the nde. 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 weBs, etc,)
thafextend to or above the ground !
surface and can be opened to the
atmosphere must be inspected and '
monitored. Leak'monitorihg using:
Method 21 in 40 GFR part 60, appendix
A, is not required for the following; (1)
Drums that meet applicable DOT
regulations specified in the rule; (2) tank
• trucks arid 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 (Le., 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 semiannuatty. For
example, emission control equipment
covers on tanks are to be checked .
semiannualiy 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 holss,
gaps, tears, or splits have developed in
covers). " ." . ,
Continuous monitoring 01. control
device operation is required under the
", subpart CC standards. This involves the
use of automated instrumentation to
measure critical operating parameters
thatindicate 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
-------
/ Vol. 53> Kg. 233 / Tuesday, Baeemfeer 6^ tag* f j&afes- and Jtegwtetfans- G23JS
contest eqcepmant
a coypr;|fittingasJ''BnsafeiQ inspect:aaet results; control
jnonitorTif a worker would ba exposed.
to-dang«HTrasi hazarfonsi or '"
conditions when performing the
ujspectiqn or menitoring. A,cover fitting
thatrsidtesfgnatedias onsafe must be
inspecteef ano^Hiaiiitored: as .frequently >,
as practicable chning tbose times when
it^s-safe'ttr inspect ami njonifertbe
fitting; Smukuijr, a cover may be ;
repairs^maaageinent of caiboiiiiemcwed'
from eanbon adsorption systems;
ideneificatiatt efiaeiBeistois-,
2
l before Jane 5\ 1995.
A coror;etting,t&atfe-des%iate*as • • - '
-difficulttmitst h '
- Unit SEvojperatMna of the waste
maHagereteKti»sEttiatis''geiier
hazardous waste. Repair of thfe GontF&l :
"time the^Eocessinntt 01 waste
managenieittimit.t&atfe
V- •- •'•.• 9. ReeQr^keepmg-.Requiremenis
• record - .
, .faci]ity'aperating'lagsoEfiles.,This;
: informaMon. is- fe he .Eeadily available for
review by authorized representatives of
-the •EPA.iCQnsistent with' 4&CFJ?264i73
' . and 40=.CPR265^a,.therude;reqaiEes
that air emissiQn'' contrJokeqiiipment •"..
- design, zefcoEO^ and certain other records'
be maintained in the facility operating
• -record *H3.tiLfeeiMty etosuEev Reeearis
.and results pa?* eCstaadardVreqirae tfeat
the TS£a*" owner 6r-operator ;repair a -
of equipment fittings des^nated: as.
onsafe OEdrffieufrtomomtor or inspect
•At.a facility, wheieairennssioii
control eqmpo3ienLrei|ui]SBd by the final
rate; cannot be ito QpHratiott by Jims; 5r . '
L-applicatiottwsHMSB hefted?to-.. •>' ':
•'sifisfftions-sttdi asdefeys in^^ate- permit;
. "Hre-extenskm: wcmld ngtbe
equipment c
unpotaikme
15 calendar day* under. ceEtairt • ''•',-'•'.'"'
.owner OP GperatorBiost docnmentSiafr
to piepare am implemEEEtatBoa scfaedufe
for the air emission eontrai equipment
specifying dates by/wincii
-•be;contplfitedl.bjf
.. opjetatac ta ensarB th
at fetrft, apermitappfication- was
"subiinBtted'imreasoHab-ly fate^or permit -
, pKWsessHig' was.defeyed beeatise fee
peHBitappHeatren; was-ntadeqtiate.
of afaciStyin ftrterira status aEtSetfime-
rut
^state)
penntt. fefefe case, fee MPA wi
-may -.come intecEnnpManceby ...
modifipmg. faciMty: proeesses Ca eliminate
"
oiat feoro serafee
requirements of 40 CFR2-79.33, wMefe
atfee poraftoiwaste RCRA permit^. eoHsisterrtwiffifefe "-
-Calendar dates;sEhaH:beeste3aM^edt far
•awardlof eoHtsaetsQE-issnarjEH of ;
iostallatioB:
cp
- pemift appBeants-to-sabrnft feeir
schedules of fmpfementatMHi witfr t&eir
. ;perarftappliealioH5,'if fee-owner or
.-operator casanot'fHapfernerrt fee.
installation^ and, peiforrnance.of aigr- ' •.•-
- testing to demonstrate that thfi:insiallfid.
-iair emission-control equipment meets .
4he standards. ; " • ' ;.;
TiieEPA. ggfy^iYT^fasij^q^j tr^ sorng
cases; owneES OE Qperatjors may be" -
- unable te meet tfifeiaipiEmentHtion date
. for reasons bey^oad-feeJreantiiQl.. For'
out that permit modMieaiiflns. may be ••
required to: implement necessary -
•changesi.and,tha± modifestion-
processes, cam be tengthy.. The EPA •
developed thislu-fetobeself-
-Hspteiaeating aad to eliminate the-need
for.permit modifications to-the extent
possible; furthermore, in fee final rule
feeimplementation^-periodhas .been
extended from 2 to 3 years. Therefore, ••'
fee EPA expectsAat most if «c£ ali
facilities wiH be abie to campty^
. However^thfeEFA ackmawtedges that itf
some- cases SfeaJje; pemrits-niay ha^e-tobe
modified f&g^^Mbexc surface
impouruciraerds artLreplaeed:' ..
If fee- permit pxoeess is lengthy,, 'or
issuance.
waste jfetiLRgs-ereliaracteiisScs in fee
tanksi
sublet to st*part €C standante. For
ties* tmits^ &te eHeGtive date of tire; '
.stan«terds.wi:ll be the effective date of •
the itew Msting or characteristie. Owners
or o|^eratprs of feese mn'ts: must institute- .
controls by that date, ki-. eases when
ownisrs: or operators eaimot' comply wHto
the- appKeable requirements, of the
subp|art CC standards by this datev they
musl: install aiid operate required air
.emission; control egmpinent BO- later '
than J3Q months after the effective: date '
prov;ided that they prepare, a , :
implpmentation schedule (as, described '
above) for this, control equipment by :the
effecffvedate; - •-;-..'•
10. ReptHting Reqiuremeiits- .
Thb final siibpapj? OC-standarda Ht.49 '
CFR part 264-reqafrea TSDF pwaeror
operater to submit r^ierts to the- EE% '
only 'yuheacirctHristances-eceisr-at &e-
facililiy resulting m nonconrpBanee: with,
These axe
-------
62920 Federal Register / -Vol. 59, No. 233.7 Tuesday, December 6/1994 / Rules and Regulations
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 EPARegional
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
tho requirements of 40,CFR 264 subpart
CC must report to the EPA all , •
circumstances resulting in placement of
a hazardous was.te 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
op erator must submit a written report
within 15 calendar days of the time that
tho 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 subjectto 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
§ 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 v
" 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
baissued 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. '.
4 *
C. 90-Day Tanks and Container's
Requirements
Today's final rulemakihg amends,
subparts I and J of 40 CFR part 265 to
add a requirement that SO^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 notbe
required to obtain a permit for onrsite
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 ' ..
i
devices^ and are consistent with the • •
requirements promulgated today in
subpart CC under 40 CFR parts 264 and
265.
VIIL 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 4p CFR p&rt 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, andCC 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) Beginninglune 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
-------
recordr^te Hnpfementation schedule for
thearremfesian corrtrofenr accordance
with the recordkeeping requirements of
theratejOTiae^faciBly's, waste
determiaation that iadieates that air
emission, controls-are nat required.
taf-Nq-later thaH DBcember 8", 1997,
.^, B> andCC
nrast foe installed ancf is operatranY
AB fisal permits, or Class a permit
modifications, issued' by the- EPA after
JtHre-5, 1995, must incorporate the
requirements 0f 40- CFR :part 264,
sufepartstAA.M', and CCT&e- owner -'-
and eperatOT of an'interim status TSBF
whohaye sufenijltetS Part B applications
to the EPA but have not received adrait
permit as of June 5, 1995, are required?
to modify •the;Psrt B apph'eatiari t&
incorpe^atethe requirements of 40 CFR,
paft264> subparts AAtBB, and CC p;ribr
:
EFft.
operate;have>Teeeiyed a draft permit as
" of June- 5i J 985^ then1 tfaVrequrrements
. .of 40, CPK part 264, subpartsAA, BBy
• and CC must be incorporated mto'the
Administrator may estahlish, on a case-
:.by-case Basis, a reasonable date for .
-submitta;F of iherevised Part'B
application. - r ':
AH existing sofid: waste-BaaHagiaaient
unit {iswdfeeifi^J may beetHHB-a ;; '•
-hazardous' wasterflanagemeat »nrt- far "
feciM^^eqa&Hig^ff RORA^perraft wben
••'. a waste becomes1 newly listed SHT •
ideirtified' as nazardbuSi Ovwiers and
operators of fSBF not previeusiy
*requirnig'a-R(CRA permifrw&o have
-existiuag-imftshandBHg newly listed1 or
identifiedi hazardous1 waste- can 'submit -a
Part'Aapjjficatiem'aBd'gaiirinteirirtt . ,
: status. ThVaa?'StaHdaEEf»being :;
• • promulgated todayare-implefflented1 at
these facilities en the following
•schedule: , • • . • •
waste fe Bsted or idientiffed as
ihazardous waste, tne^stendards become-
'effective; alLfaciMties become- subject-to
tfae-,standards... • •
(2) Beginning Jane .5, 1995»,eaefi T&W
.-• ownerorj operator fe required tfrbe- m.
' campEarice-wfifr.the'sTibpart AA^'BB,
-and CC-sjandards.At'-afaiGiB^r where.
, theairemissicHi eontrofe required by t&e.
: subpartAA^BB; antfCC'Standardsare
not fir pfece; the owneror operator must
haveonetof the-.fbHowmg in the
•|3)TNb later than December 8,
the controls required1 by the standards
-musTbe installed at all facilities;
All air ermssion controls required ^by
40 CFR part 264, subparts- AA, BB, and"
CCrrrast be-in platw-and*' operating- upon
startup of a new TSDR Under40;eFR
270.10, owners and operators olnew
TSDFare required to submit part A and
Part B permit applications amd to
receive a feai penait from the EPA
'priortonoRstreeHoH-of the feeilfty. Tbe-
Part B application for^a new facility
must incorporate the requirements of 48
CFR part 264. Owners and operators
who have-submftted'a.Part B application
for anew TsJiJF bufrliave not been
issued a final pennft as- of June 5, 1995,
are requiped to-modMy tbefr Part B
appBcation&toincCTrporatethe
requirements ef 4Q CS^R part 264; :
' '
i < AppEcabitey ofterie is Auft
States, - ;
Under RCRA section 3006, the EPA
may .authorize a qualified State to '.,< .
administer ajKlenfffirc&th.e;RCRA •
program watiaQ;tteStetettefe-tQi4
-------
62922
Federal Register / Vol. 59,.No. 233 / Tuesday, December 6, 1994 / Rules and Regulations
authorization 12 months after the,
effective date of these standards must
include standards equivalent to these
standards in their applications. The.40
CIFR271.3 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
Leon 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.
K. 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 FR19402, 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, 401M 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 chlorinecontents.
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 6.0,
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 he'adspacesample 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
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 unitnot using the required air
emission controls or a control device
malfunction cannot bfe 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."
The information collection
requirenients.iri 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 the1
'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
-------
•^:f: federal Register -JJVoi. -59. No. 233 /^Tuesday. December; 6, .1994 ^j Rules and Regulations
62923
- to OMB for review. Changes made .in •.
response to OMB suggestions or
; recommendations will.be-documented
V '. in the p'ublic'-record".'-_- "• ,-,••.-.- -.:.•/. .;.•;-
"C, Regulatory. Flexibility Act
Under the Regulatory Flexibility Act
(5 U.S.C 601 Bt seq.), whenever a
Tederal 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 nilemaking. These
guidelines state that, if a preliminary
analysis indicates that a proposed
regulation-would affect 20 percent or •'. "
more of j"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.releyant production costs for small
entities by more than" 5 percent; •
(2) This 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) Costsjof the regulation will likely
result iniclosures of small entities.
The EPA used thie economic impact
rmodel "developed for the RIA to estimate
, the effects of today's rulemaking on
small enitities (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
• minimall The number of affected small
entities is insubstantial, and the impacts
^re 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 nbt required for this rulemaking.
D.Dockert
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) RCRAdocket number F-92-
GESA-FFFFF, which contains copies of
the supplemental data made available
.for public comment prior to ' • '
promulgation; and ,
(3J 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 ari 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 ;qne regulatory docket
free of charge. Additional pages of.. -
material from the docket may be copied
atacharge of $6.15'per page. .>/ .."•
XL 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). " ' M'
List of Subjects ."' • . .' ' • '
40CFRPait9 ; ;'
Environmental protection, Reporting
and recordkeeping requirements.
40CFRPart€0 -
. 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 Part's 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 I
determination.: • - " •
40 CFR Part 27Q ' ;
. Administrative practice and ' .'
procedure, Air pollution control,
CoEifidential business information,
Hazardous waste, Permit, Permit-
modification, Reporting and
refiprdkeeping requirements.
40 CFR Part 271
- Administrative practice and . '
.procedure. Air pollution control,
.Confidential business information,'
Hazardous waste, Reporting and
recclrdkeeping requirements. .
''" Dzited: November 15,1994. /„ ' :
Carcil 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:. '
PAFIT ^—OMB APPROVALS UNDER
THE .PAPERWORK REDUCTION AdT
i.rThe authority citation for part-9
continues to read as follows: • \ •
Alithority: 7 US.C.;135 et seq., 136-^136y; -
15 UkS.C. 2001, 2003, 2005, 2006, 2601-267,1;
21 UIS.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
P.S.C. ,1251 etseq., 1311,1313d, 1314,1321, '
.1326i 1330", 1344,1345 (d) and (e), 1361; E.G.
11735, 38 FR 21243, 3 CFR, 1971-1975
Camp. p. 973; 42 U.S.C. 241, 242b, 243, 246,
300f,i300g, 300g-l, 300g-2, 300g-3, 300g-4,
300g75, 300g-6, 3QOJ-1, 300J-2, 300J-3, 300J-.
4, 30I3J-9,1857 et seq., 6901-6992k, 7401-
7671IJ, 7542, 9601-9657,11023,11048.
f " ^ " • ' ' ' ' ' -
2. Section 9.1 is amended by adding
new. entities in numerical.order to the - -
table: under the indicated headings to
read las follows:
i. - . - '
§9.1 i OMB approvals under the Paperwork
Reduction Act
40 CFR citation
OMB con-
trol No.
Standards for Owners and Operators of
Hacardous Waste Treatment, Storage,
•and Disposal Facilities
264.1
264.1
1089
1090
2060-0318
2060-0318
Interim Status Standards for Owners and
Operators of Hazardous Waste Treat-
ment, Storage, and Disposal Facilities
265.1(390 ..........V...:...>.,....L- 2060-0318
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62924 Federal Register / Vol. 59, 'No.'233. / Tuesday, -December 6,-1994- / Rules .and Regulations^
PART 60—STANDARDS OF
PERFORMANCE FOR NEW .. . .
STATIONARYSOURCES
' 3. The authprity 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 penons unfamiliar with the
operation of a flame ionization detector (FID)
nor by those who are Unfamiliar with source
sampling because knowledge beyond the
scopo 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 thfe
sample is analyzed for carbon content by a
headspaco analyzer, which uses an FID.,
2. Interferences
2.1 The analyst shall select the operating
parameters best suited to the requirements
fora particular analysis. The analystsball
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-O129 (glass
vials). B001-0728 (gray butyl rubber septum,
plug style), 0105-O131 (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-Ehner . .
Number 00230117, or equivalent.
• 3.1.4 The following equipment is-
required for sampling: '
;3.1.4-1 Tap. • .'••"• ' •
3.1.4.2 Tobing,Telfim,0^5-in.ID.Note:
• Mention of irade names or specific products:
does not constitute endorsement by the . ,
Environmental Protection Agency.
•3.1.4.3 'Cooling Coil. Stainless steel (304),
•S0.25 in.-lD, 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) oyerthe 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 CKU. Signal attenuators shall be
available to produce a minimum signal
response of lOpercentoffullscale. •
• -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.£apable of reading
' temperatures in -the range of 30° to 60°C with
an accuracy of ±Q3.°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,
containmg less than'l ppm carbon (C) and •
less than 1 ppm taibon 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 ga&concentration does not change
by greater than ±5 percent from the certified, ...
•value;and • • - "
(c) Affix the date of gas cylinder
prepaialio.n. certiSe'd propane concentration.
and recommended maximum shelf life to,the
cylinder before shipment to the buyer.
4.2.1.1 Cylinder Standards Certification.
The manufecturer shall certify the
concentration of the calibration gas in the
cylinder by (a) directly analyzing the ' ', •
' cylinder andi(b) calibrating his analytical
procedure on the day of cylinder analysis. To
calibrate nis 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 standiards 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 mosf •'.,-..
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. ' . ' '.-'•'
BlUJNG'CODE 6560-60-P - • ;
-------
sFederal Register / Vol. 59. No. 233.7 Tuesday. December 6. 1994 ) Rules ;and Regulations 62925
WASTE Lift
FROM SOURCE
TAP
Cil/4 " TUBE FltTINCO"
STAItLESS STSL COIL
ICE GATH i
OPTIOHM PU*>
:S*MPLE CONTAINER
Figure 25E-1. Schematic of Sampling Apparatus,
BILUNQ CODE KW-50-C
5.1.2 "j Begin sampling by purging ihe
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 putting, 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 <1O°C
. (<50°F).iFill the sample containerialfway
(±5 percent) and cap it within 5 seconds.
Store immediately in a cooler and cover with
5.1.4 ..Alternative sampling techniques
may be used upon the approval of the
Administrator. ; . /
,5.2; .Analysis. • > .
5.2.1 i 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 '• Fpllow. 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 pertain that the results are being
properly; recorfled. •
6. Operational Checks and Calibration
Maintain a record of performance of each
' item.. i '
- 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 thjan 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 FTD 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 C*. 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 .theIFID. t' .
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. " .
Cm»;= Average measured vapor phase organic
concentration of standard, ppm as
propane. .-..-•
COT == Measured vapor phase organic
[concentration of standard, ppm as .
jprppanei ' .
Cs =! Calculated standard-concentration, ppm
;|as propane.
k = Slope of the linear regression line.
Pbar F Atmospheric pressure at analysis ,
Conditions, mm Hg (in. Hg). .
P* =• Organic vapor pressure in the sample,
|kPa (psi). .
P = :L.333 X 10-7 kPa/[{mm Hg)(ppm)], (4.91
' XlO-7psi/[(in.Hg)(ppm)})
7.2 Linearity. Use the following equation '
to calculate the measured standard
concentration for each standard vial. ,
CmJkA + b Eq. 25E-1-
7J2.1 ' Calculate the average measured
standard concentration (CmJ for each set of
triplicate standards and use the following •
equation to calculate the percent difference'
(PD) between Cm, and Cs.
PD.= s~CmaxlOO Eq. 25E-2
' C ' • ' •
' •:!' s • ' ' • • ' . "
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.,
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62926 Federal Register /Vol. .-59. No.'233 / Tuesday, December 6. 1994 /Rules and Regulations
The calibration Is acceptable'lf the RSD is
• within five fer'each'staridard'concentration.
7.4 Concentration of organics in the
hoadspace. Use the following equation to
calculate the concentration of vapor phase
organics in each sample.
C, = kA4-b Eq.25E-4
7.5 Vopor Pressure of Organics in the
Hoadspace Sample. Use the-following
equation to calculate the vapor pressure of
organics in tho sample.
P'sBPtarjG. ,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:
§260.11 References.
(a) * * * ' f
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,
B.C. 20005. '•
"ASTM Standard Test Method for
Vapor Pressure—Temperature *
Relationship and Initial Decompositi
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.
6923.6924,8925,6937 and 6938, unless
otherwise noted.
8a. Section 262,34 is amended by
revising paragraphs (a)(l)(i), (a)(l)(ii)
and (d)(2) as follows:
§26234 Accumulation time.
(a)***
(1)***" ..: ;..- '::
(i) In containers and the generator
. -complies with subparts I AA.'BB and CC
of 40 GFRpart'265; arid/or - ,
(ii) In. tanks and the generator
complies with subparts J, AA, BB and
CC of 40 CFR part 265, except
.§§ 265.197(c) and 265.200; and/or
ion
(d)*** .;••' : * -: ,_
(2) The generator complies with the •
requirements of subpart I of part 265 of
this chapter, except for §§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
§264.13 [Amended] :...
10. In §264JI3, paragraph (bH6) is
amended by adding'"264.1083," after
the phrase "as specified in §§ 264.17,
264.314,264.341, 264.1034(d). .
:264.lb63(d).". ' '
11. In §264-ia, paragraph (b)(8) is
added to read as follows: ..
§264.13 Genera! waste analysis.
*• * *'-..*.•*•
(b)**V- /•;.'. '•"". ;_'".
(8) For owners and operators seeking
an exemption to the. air emission
standards of subpart CCm accordance
with §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.
§264.15 [Amended] -
12. In §264.15, paragraph (b)(4) is
amended by removing the word "and"
after the phrase "frequencies called for
in §§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:
§264.73 Operating record.
* ~ * . * • * *
' (b)**?
(3) Records and results of waste,
.analyses and waste determinations
performed as specified in §§ 264.13,
. 264.17, 264.314, 2641341, 264.1034,
'264.1063, 264.1083, 268.4(a), and 268.7
of this chapter. , , .
*.**•*.* -• .
(6) Monitoring, testing of. analytical
data, and corrective action where
required by subpart F of this part and
§§ 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. •
264.1063J[d) through 264.1063(1),
264.1064, 264.1088, 264,1089, and
264.1091.
* * , * *•»...
,14."Section264.77 ikamended by
revising paragraph (c) to read as follows:
§264.77 ; Additional reports.
* .* * ', •.* . *, ',""".•
(c) As otherwise required by subparts
F, K through Nr AA, BB, and CC of this
part. ; • . - :.'"'''
Subpart \—Use and Management'.of '
Containers
15. Section 264.179 is added to read
as follows:
§264.179 Air Emission Standards.
The owner or operator shall manage
air-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: , .
§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:
§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.
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* .•.'.'•. --.'
Federal Register / Vol. 59. No. 233 / Tuesday, December 6, 1994 / Rales and Regulations 62927
Subpart X—Miscellaneous Unit
§264.601
18. jlne;mtroductory!text of § 264.601
is amended by adding the words "and .
"subparts AA* through CC" after
"subparts Ithrongh ;O". ' ; •
Subpart AA—Air Emission Standards
for Process Vents -
. .19. Section 264.1033 is, amended by
. revising paragraph (k)(2) and adding '.
paragraph (rhj to read as follows:
§ 264.1033 Standards: Closed-vent
systems and control devices. . .
(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 thatsthe 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 theinitial
.leak detection monitoring, the owner or
operator is not required to monitor those
closed-vent system components which
operate in vacuum service -orlthose ." -'..'.
; • closed-vent system-joints, seams, or
other connections that are permanently
or semi-perrnanently sealed (e.g., a
Welded joint between two sections of
'metal pipe or a bolted aind gasketed pipe
flange). ;v -"-;
-* it*' • -./* * • -.-ft ' •' ': _'- " • -
(m)The owner or operator using a ',
. carbon adsorption system shall ' v
document that all carbon removed from
a carbon-adsorption system to comply
with §264.1033(g) and .§'264:1033 W is
;'; managed in one of the following '
manners: ' •-.••- ""•..'•'-
(1) Regenerated or reactivated in a
thennallreatment 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
Hofpart 266 of this chapter.
20. In part 264, subpart CC is added
to read-as followsr -•
Subpart CC—Air Emission Standards tor
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£mission Standards
. for Tanks, Surface Impoundments, and
Containers,
§264,1080 'Applicability. > V
• (a) The requirements df this subpart •
-apply to owners and operators of all
facilitiestbat treat, store, or dispose of
hazardous waste hi tanks, surface
impoundments^ or containers subject to
either subparts I, J, or K of this part '
except as § 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: '..'•
(i) 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
bnbrafter June.5,1995.
(2) A container that has a design
capacity less than or equal to 0.1 TO?. :
13) 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. .> ~ • '.• : ' • 7 .
, ; (4) A surface impoundment in which
an pwner-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 oil-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 authoritiesror 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,
subpartCC.
§2164.1081 Definitions.
As used in this subpart, all terms shall
-have the meaning given to them in 40
C!fR 265.1081, the Act, and parts 260
through 266 of this-chapter.
§2i64.1082 Standards: General.
(a) This section applies to the
mipagerhent of hazardous waste in
• tanks, surface impoundments, and . -
containers subject to this subpart. .
Jb) The owner or operator shall
control air emissions from each waste •
mimagement unit in accordance with
standards specified in §§264.1084 r'
through 264.1087 of this subpart, as
applicable to the waste management' -J
uriiit, except as provided for in •-•'-• ••
paragraph (c) of Uiis section. .:
(c) A waste management unit is '
exempted from standards-specified in ;
§§; 264.1084 through 264.1087 of this,
' subpart provided that all hazardous
waste placed in the waste management
urnt 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
m[§ 264.1083(a) of this subpart.
i[2) The organic content of the
hazardous waste has been reduced by an
orjjanic destruction or removal process
that achieves any one of the following
. conditions: • -'......
Ifi) 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
(Q|) established for the process. The
average VO concentration of the
hazardous waste at the point of waste
- treatment and the exit concentration
lirait for the process shall be determined
using the procedures specified in '
§264.1083(b) of this subpart. ,
l[ii) A process that removes or destroys
the organics contained in the hazardous
W£fste to a level such that the organic
reduction efficiency (R) for the process
is ipqual 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
pnpcess and the average VO •'.•'.
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62928''. Federal ~Register-y .-Vol.- 59^J3o. ^233 -•/• Tuesday, December 6.' 1994 / Rules and Regulations:
"concentration of the'hazardous waste at -'
the point of waste treatment shall be ' • •:
, determined using the procedures ., '' -.
specified in. §264.1Q83(b)"of this .- *. '-V
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 removalrate and
the .actual organic mass removal rate for'.1
the process shall be determined using
. the procedures specified in ,
§ 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
tho following conditions is met: . • ..
(A) The organic reduction efficiency.".
(R) for the process is equal to or greater
than S5 percent, and the organic ,. .
biodegradation efficiency (Rbk>) 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 ..-''•
§264.10B3(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 specifiedin
§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 §§ 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
§264.1083(a) of this-subpart. The
•avera'ge VO concentration of the
hazardous waste at the, point of waste
treatment shall be determined using the
procedure specified in §264fl083(b) of
this subpart.- - ' . .
(vi) A liazardous 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 hi accordance with the
^requirements of subpart.O -of this part; .
(B) Has certified compliance with the
, interim status requirements of 40 CFR
part 265/siibpart O.,
(vii) A boiler or industrial furnace for
which the owner or operator has either: -"
(A) Been issue'd 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 '
purpdse-of treating a hazardous waste to
; meet one of the.sets:bf conditions.- >•
specified in paragraphs (c)(2)(i) through
, (c)(2)(v) of this section, each material
'.- removed fromior .exiting the process that
-is'nol a hazardous-waste buthas an, . • •'
' average VO .concentration equal to or ,
'•; greater than 100 ppmw shall be . .
..-managed in a waste management unit.hi.
< 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
§ 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 § 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 resultsxsf a waste
determination performed by the owner ;
or operator using knowledge of the -
waste, then the fesults of the waste
determination performed in accordance '
S'th the requirements of paragraph
(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 subpartby performing or requesting >
thatthe 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 pf '
the hazardous waste 'at the pointof ., ,.
waste origination shall be determined; • • -;
"by direct measurement in accordance
with the requirements of § 264Vl083(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 noncompUance With,;,. '
this subpart except in a case as provided
for in paragraph ie)(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 ah averaging.
period greater .than l.hour to be less
than 100 ppinw but because of normal. •'
operating process variations the VO
concentration of the hazardous waste ..
determined by direct measurement for
any given 1-hoirr 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 .
. § 264.1083(a) and § 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. - ,;: ,
.§264.1083 Waste determination
procedures.
(a) Waste determination procedure for
average volatile organic (VO)
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Federal Register / Vol. 59, No. 233 ./ Tuesday, December 6, 1994 / Rules and Regulations 62929
concentration of a hazardous waste at
-the point of waste origination.;'
(1) Ant>wnier bi;.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 §264.1082(c)(l) of this
subpart from using air emission controls
in accordance with standards specified
4n §26^.1084 thraugh$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
265.1o;84(a}(2) ihrough (a)(6) of this
chapter. ..."
Tb) V^aste determination procedures
for treated hazardous waste.
(1) An owner or.operator shall .
p,erform':the'applicable waste . ,'
determinations for each treated
hazardousTwaste placed in -waste . .'
.management units exempted under the
provisions of §264.1082(cH2) of this
subpart from using air emission controls
in accordance with standards specified •
in.§ 264.1084 through § 264.1087 of. this
subpaijt, as applicable to the waste ';'.'
management unit ,,•- ' . -- .
(2),l|hewaste determination for a,
treated hazardous waste shall be .
performed in accordance with the
procedures specified in 40 CFR •.
265.10jB4(b)(2) through (b)(10), as
applicable to the treated hazardous-
waste;]" '_ . ' • • -' '-^,. • '• ~ • \
(c) Prbcedtire to determine the
maximum organic vapor pressure of a
hazardous waste in a tank. • .
11) 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 §264.1084(c) of this "
subpart.
(2) The majdmum organic vapor
pressure of the hazardous waste shall be
determined in accordance with the
'procedures specified in 40 CFR
265.10JB4M2) through (p)(4).
§264.1084 Standards: Tanks.
(a) This section applies to owners and
- operators of tanks subject to this subpart
into which any hazardous wasteis;;
placed! except for the following tanks:
(1) A tank in which all hazardous'
waste entering the tank meets the •
conditions specified in § 264:1082(c) of
this subpart; or •
(2) A tank used for biological
treatment-of hazardous waste in : .
accordance with die requirements of
§ 264.1082(c)(2)(iv) of this subpart.
. (b) The owner or operator shall place
•the hazardous waste into one of the
following tanks:
(l)A'tank equipped wHh'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 § 264'.1091 of •
this subpart; . . •
(3) A tank equipped with an external
floating roof in accordance with the
requirements of §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 (bj 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 _ •
. (dMl) 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 § 264.1083(c) of this subpart
is less than the following applicable
value:
(i).If the tank design capacity is equal
toi or greater .than 151 m3, then'the ,:
maximum organic vaporpressure 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 in3,1 then the maximum organic
vapor pressure shall be less than 27.6
kPa; or ' . ;
(iii)lf the tank design'capacity isjless
than 75 m3, then the maximum organic
vaporpressure shall be less thain 76.6
' • ' • • • "' •-•
.,
(d) To compty with paragraph (b)(l) of
thi? section; the owner or operator shall
design, install, operate, and maintain a
coyer that vents the organic vapors
emitted from hazardous waste in the
tanlc. 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 •-.-•
seclured ui a closed, sealed position
(e.g., covered by a gasketed lid or cap)
at ' . •
(e) The owner and operator shall
install, operate, and maintain enclosed
pifies or other closed-systems, EPA
considers a drain system that meets the
requirements of 40 CFR 61.346(a)(l) or
40 iCFR 61.346.(b)(l) 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 §264.1082(c) of this
subpart; and , ' •* . - . / . '
1 (2) Transfer all hazardous waste from
the tank to another tank, surface - :
impoundment, or contamer subject to
• this subpart except for those hazardous .
wastes that meet the conditions'
specified in § 264.1082(c) of this
sulipart. - ,
; (iEj Each cover openuig shall be
secured in a closed, sealed' position
(e.g., covered by a gasketed lid) at all
times tliat hazardous waste is in the
-tank except when it is necessary to use
thei 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
opisrated in accordance with the
requirements of § 264.1087 of this
subpart.
'(g) One or more safety devices which
vent directly to the atmosphere may be
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f •-,
6fc930 ' federal egister-
December 6,, 1994- / Rules :and Regulations
* used on the tank, cover, closed-vent :,
system, or control device provided each
safety device meets all of the following
'^conditions:. • ••' ' '• r ;--•. ; "
(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 deformationof the tank,
.cover, closed-vent system, or control
device in accordance with good
engineering and safety practices for ,
"handling flammable, combustible,
explosive, or otherhazardous materials.
An example of an unplanned event is a
sudden power outage.
§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 § 264.1082(c) of this < .
;subparf; or
E2). -
(2) A surface impoundment used for
. biological treatment of hazardous waste
in accordance with the requirements <>£
§ 2B4,1082(c)(2Kiv) of this subpart.
CD) The owner or operator shall place
the hazardous waste intou 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)(l) of
this section, the owner-or operator shall
• design, install, operate, and maintain &
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 i
operated to meet .the following --; '.,:- "•'•
requirements: - ;.,' , .. •.-..•;
(i) The cover and all cpv'er 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.
(iij Each' cover opening shall be
secured in the closed, sealed position .
' (e.g.; covered by a gasketed lid orcap)
at all times that hazardous waste4s in.,
-the surface impoundment except as
•provided for in paragraph (g) of this
section. " • . •'-' = ', • .-'-".
(iii) The closed-vent system arid
control device shall be designed and
operated.in/accordance with § 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)(l) through (e)(4). .
• • (fjThe owner or operator .shall install,
operate^ and maintain enclosed pipes or
• other closed-systems, EPA considers a
, • drain systenrthat meets the ". '.'.' .
requirements of 40 GFR 61.346(a)(l) or
40 CFR 61.346(b)(l) through (b)(3) to be
• a"'closed system'*, to: -.,- '..'•'
(1) Transfer all hazardous wa'ste to the
surface impoundment from another
tank, surface impoundment, or v
container subject td this subpart'except
for those hazardous wastes that meet the
' conditions specified in §264.i082(c) of
"nthis 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 § 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 - i
impoundment; .
(2) Inspect,maintain,repair,"or •'.•""
replace equipment located underneath
fhe 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 ,
§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 routing venting of organic •. •
vapprs from the surface impoundment
or'the closed-vent'system'connected to . •
a control device; arid -
(2) The safety device remains in a . ,
closed,.sealed"positioriat all times ' , .
except when an unplanned event
requires that the device openfor.the
.purpose of preventing physical-damage
' or permanent deformation of the cover, -..
closed-vent system, or'corittol 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. ''. .1 ' ' ...'
§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 § 264,1082(c) of
this subpart. '. ' • '..'"•
(b) An owner or operator shall manage
hazardous waste in containers usjng the
following procedures:
(1) The owner or operator shall place
the hazardous waste into one of the
following containers except when a
cpntainer 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
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T '" " ~ \
- Federal Register / Vol. 39. No. 233 -/ Tuesday, December 6, 1994 / Rules and Regulations
62931
': the hazardous waste is.placed into the
^container. If a leakis detected and
. cannpti be repaired iinmediately,. the •/••
haprdiouswasteBliall.be removed froiQ
•'the 'container and the contaiheimot used
-, to. meefcthe requirements of this. -
•-paragraph until .the leak is repaired and
• the container is'retested. . ,
(ii) A container haying'a .design
capacity less than^or equal to 0.46 m3
.."- that is equipped with a cover arid
rcpmptipswith all applicable
Department of Transportation
. reflations on packaging hazardous
waste for: transport under 49 CFR part
-: '• •• •"' '
, - . .•. -. .. -
-; :(A) A container that is managed in '
-accordance with; the requirements of 49
CFR pairt;i78for: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)(l)(ii)(B) of this section...
• (B) Ala'b pack that is managed in
accordance with the requirements of 49
CFR part,l78 for the purpose of
• complying .with ;this subpart may .
comply; with , the exceptions for
..combin'ation packagings specified in 49.
CER :173;i2(b). , -
,./ (iii) A container that is attaehedto or
forms a! part of any truck, trailer,-or
.Tailcar;'[and that Ms been demonstrated
within the preceding 12 months to be
;0rganicj Vapor tight when air: container,
openings are in a closed, sealed position
5(e.gi, 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 pf not-more than 750 pascals :
within 5 minutes after it is pressurized "
,to a minirnum of 4,500 pascals. This
; condition is to be demonstrated using ,
.the pressure test specified hi 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 Jhat 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 controls-device.
(ii) Thie 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. Jf the.pressure'
within the enclosure is.equal to or ,
greater .than atmospheric pressure then
• the enclosure does not meet the ;,
.requirements of this section; '.'..- •
fiii) The closed-vent system .and
control device shall be' designed and
operated in accordance with the ' '
requirements of §264.1087 of this
.subpart. •'.-••'" ,..-•-.. ....• v •' ...
(3) An owner or operator transferring •
hazardous waste into'a container having
-a design capacity greaterthan 0:46 m3
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
contamer. Diuing .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 ho 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
.' peiformed such that during transfer of
the; waste into the container", the cover.
renjains in place .and all container
opesnings 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: ,
vmaJintained 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;
, '(2J Inspect,maintain, repair* or
replace equipment located inside the
container; or' , ' , ' ;.'
-(3) Vent gases or vapors from a cover:
located over otenclosing an open. • ."
container to a closed-vent system
connected to a control device that is -
designed and operated m accordance
witii the requirements of § 264.1087 of...
.this subpart. - • .
(d) One or more safety devices'that •'
vent directly to the atmosphere may be
• aised oh the container, cqver^ enclosure,
;closjed-vent system, or. control device
prodded each device meets all of .the 1
following conditions: .' :
(l)'The safety.device is not used for '
plaiined or routine venthig 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
cohiiainer, cover, .enclosure, closed^vent,
system, or control device in accordance
with good engineering and safety
practices for handling flammable,
'combustible,-explosive, or other
hazcirdpus materials. An example of an
unplanned event is .a sudden power
•outage. • ''.'..
§26^i;.1087 Standards: Closed-vent _ . ;
systems and control devices. ....'.•
(a) This section applies to each
closbd-vent system and control device
.installed and operated by. the owner or"
opej'ator to control air emissions in
accordance with standards of this •
'subpart. ;
(b j The closed-vent system shall meet
the following requirements: '
(1) The closed-vent system shall route
the-gases, vapors, and fumes emitted
fromi the hazardous waste in the waste
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62932 ..F«d«al Register /Vol.
23& / Tuesday. BecemW 6, J994 t Jfofes aa«t Itegrfaitlons
: management unit to * control device . •
..that meets the requirements specifiedin
- paragraph (cjoftbfc section. •' ' •.
42);T^clqsed-ve** system sbaB be'
' designed end operated in accordance ''•'•.
.with thercquiieaients specified in .
§264.1Q33(k'>offtiispark - -.-..
(3) II the closed-vent system contains
.one or more, bypass devices that could •
, bexuedtadiirertallorapartionofthe-
gases, vapors, or fumes from entering
the control device, the owner or - :
operatc^shsllmeetthefoBowing ;
.requirements? • • '
(ft Eat each bypass device except as
provided for in paragraph. (b)f 3}(ii) of
iMssection^theowner or operator-shall
cither:
(A) Install, calibrate, maintain, ana
operate a fkrarindicator atthe inletta
the bypass, device that indicates at least
onc&ove^lSmbnutes-whethergas, • ,
vapor, or fume flow is present in the
bypass device,'or '",
(B) Secure a.ialve installed at the
•» inlot to the bypass device-in the dosed
position, usingacar-eeal.or a lock-and-
key type configuration. The-owner or-
opciator shall visually inspect the seal.
or closure mechanism at least once
every month to verify that the valve is ; -
maintained in the closed position. •
{iij Low leg drains, high point bleeds,
anajyzervents, open-ended valves OF
lines, rirtd safety devices arenot subject
to the requirements of paragraph
(b)(3)(i> of this section.
(c). The control device shall meet the '•
' following requirements: '
(1) Tbscontrol device shall be one «f
the. following devices: . • •-
(i) A control device designed and ,
operatedto reduce the-total organic
' content of the irttat vapor stream, ventesd.
tothccantrol^tevice;byatleast95 ..-
percent by weighty . -.
(ii) Aa enclosed combustion device
designed and operated in accordance '
%*itb: the requirements of § 264-1033fc)
of this part; or
(iii) A Bare designed and operated in
accordance with the requirements of •
§ 264.1033(d> of this part,
(2) The, control device shall be
'operating at all tunes when gases, • •
.vapors, or fumes are vented from the
waste management rinit through the
closed-vent system- to- the control .
device. • -
(3) The owner or operator-using a
carbon adsorption system to comply
with paragraph (c)f 1) of thissection -
shall operate-andmaintain the control
' device in accordance with the following
requirements; . ; ~
«(i)Follo\vingdi&initialstartupofthe
control devics,.all activated carbon in.
. the-control derice shall be replaced ,
•\vith-fresh carbon on ocregular.basisin -
accordance with-the requirements of '
§ 264.1033{g} or§2S4.l033|h>of this
part. • • • • • , ..
-; 0i) Att carbon sem0vecl from the
contrpj device shall be .managed in
r^ceordanceTeah the requirements-of
.§264.1033fni) of this part. . '
(4) An owner or operator using a
^control device-other thaa a Ihermal
vapor incinerator,.Bare, boiler, process
•heater, condenser, flr carbon1 adsorption
system? to comply wife paragraph {c)(;i}.
of this section shall operate and /
.maintain decontrol deviceia r '
.accordance with the requirements of
• §264.10330} of this part.
£5} The owner or operator shall-
demonstrate that a control device '
achieves-the performance requirements .
of paragraph (c}(l> of this section as
follows:
(i) An owner or .operator shall .
demonstrate using- either a- performance ,
test as specified £ri paragraph fc}(5)ftii}
of this section or a design analysis**
specified in paragraph (fc]f5}fiv} of this •
sectionthe perfbrraanceof each control,
deviceexcept for the following: ,
• (A)ASarer . • . :-
- ..(B) A boileror process heater with a
design heat input capaeity.of 44
-megawatts or greater; •• ' ' \ '
. (C) A'boiler or process heater into
•which the vent«treaiH is introduced :,
with the primary fuel; ^
{B) A boiler or process heater burning,
.'hazardous-waste-for which theowheres-;
•operated hasbeeH issued a- final permit
• under 4G> CFR part 27p and designs and
•operates the unit in accordance with the
• requirements of 40-GPR part 266,:
sabpartHror' - -.'•' ',:•"'
, (E> A boiler-eBrprocess Keaterbmmmg
hazardous waste for wnieh the owner or
operator has certified corapKanee-with
the interim status requirements of 4O ,
CFR part 266, sabpartK.
., .{n>An owner oroperatorshall
, ^nonstratetbe'perfbrmance>ofeaeh
flarefn accordance' witbfthe,
" requirements specified in §12fi4.1033fe}.
fiii) For a .perloBmance test conducted
to meet the requirements &f paragrapb
- (c)t5K*> of this- seetien, the- owner or -
operator shall tise-fee tes* methods and'
-procedures: specified m § 264.tO34(e)tT>
through (c)t4). ' ' " ^
(iv>Fora design analysisconaueted
to-meet the requirements of paragraph
(cK5K*> of this section, the-design
analysis shall meet Hie requirements .
specified m§2S4.1035(bK4)0n);-
tvJThe ownerDreperator.shaiB- •-
demonstrate that a carbon adsorption
system achieves the-perfbrmaftee - .
requirements of paragraph fcKl} of this
•section based onr' the total quantity of
organics vented to the atmosphere frem
.all. carbon adserptieirsystem eqeotpment.
organfe desorp^ion or carbon
regeneratioa, orgpsMC recovery, and
carbon disposal. "
|B) If the owner or operator and the
Regional Administrator do-not agree on
•a demonstration of control device '.
performance using a desigrt analysis
then-the disagreement shall bexesolved
using the results of a performance test
performed by.the pwner or operator in
accordance, with the requirements of
paragraph (cKoKiii) of this section. The
"Regional Administrator may choose to
have an authorized representative
•observe the performance test. , •
§264.1083
requirements.. , , .
•la) This section, applies to am owaer "
or operator using air emission controls .
.in accordance with the requirements 0f
§ 264.1084 through §264.1oa7 oftMs -
subpart. , . '' ' ':, '.-.
. fb> Each cover used in accordance '
with requirements of §264:1064 thawigh
§ 264.1Q8& of this subpart shall be .
visually inspected and? monitored 'for •!
detectable organic emissions by-ibe
owner or operator using the pjtseedure .
specified Jen 40 CFR 265.±089fr7fl)
through tfM7) except as folhjwsr
flj An- owner or operator is exentpted
from perftKining- the cover inspection
and monitoring requirements specified
-
.
forthe following tank coversr
p> A tank internal floating-roof t&at is-
inspected and monitored in- accordance
w*tfc the requirements of § 264,109$ o? .
tMssabpartror
(ii) A tank extrafnat floating roof fi&at
is iaspected1 aract nMynitoreii to- '
accordance with tfierequirenjeHts of
§ 2S4.J091 of tfris subpart.
(2>lf a tanfc-isburfea partially or '
entirely umderarouiid,.an owner e-r
• ,«q»erat6r is required to-perfbriH fee eevea-
inspection and monitoring' requirememts
specified in 4® CFR 265.1089{fKl) ~
through. (f)|7) only for those partions o-f
. the tank cover and those connections -to
the tank cover or tank body- fe.gi EM
ports, access hatches, gauge weHs,,ete.} "
that extend to' or above the ground • • , . :
surface and can be opened terthe • : •
' atmosphere. . ..-..- . " .'
(3> An owner or operator is exempted
from performing the cover inspectioB
and monitoring requirements specified.
in 40 CFR 265.10S9efKl) through .fflf7>,
for a contaiaer that meets aH
requirements specified -in «th«r -, • • :
§ 264.1086(b)tU(iii) of this subpart
ft) An- owner or operatoris exempted
• from performing; the ceverinspeeticin;
•and monitoringTequirements specified
in 40. CFR 265.1089(f)(l) througfe I1****
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^Federal"Register / Vol.' 59, No.'233 /Tuesday, December 6, 1994 / Rules and Regulations 62933
-for an enclosure used to. control air7; -!-*.:
-> emissions from containers in \>' ' ••'
accordance with Ae requirements :of
§264,i086(b)(2) bf.this subpart
(c) Each closed-vent system .used.in
- accordance with the requirements of
§ 264.1087 shall be inspected and .'
monitored by the'owner or operator in" :•
accordance with the procedure specified
-in § 264.1033(k).. ' : 1 .
(dyEach control device used in
• accqrdpncffynth the requirements of ":.
^264.:ij087 of this subpart shall be , ;
inspected and monitored by the owner
or operator in accordance with/the '
procedures specified in .§ 264.i033(f)
and §264;1033(i), ,_:.'.-'-- / /
(e) The owner or operator shall •: r" ;
develop and implement' a-writtenjilan
-and schedule to perform all inspection
and monitoring requirements of this: •
sectioiL'The owner,or operator shall
incorporate this plan and schedule into
the facility, inspection plan required
under§264:15.^:",">:., • ';;;
§264.1089 Recordkeeping requirements.
(a) Each owner ;dr operator of a facility
subject to requirements in this subpart
shall record and maintain the following
information as applicable: ' ; :; f v^-;
(l)Dpcumentation for each coyerl. ™
installed on a tank in accordance with
the requirementsof § 264.i084(b)(2) or
§264.1<)84(b)(3) of this subpart that '
includes information prepared by the
owner or operator or provided by the •. .
cover manufacturer or vendor , i :
describing the cover, design, and -' ;
certification by the owner or operator \_
that the covermeets the applicable - ./•
design Specifications as listed in 40 CFR
265.1€iai(c). . . :
(2)" Documentation for each floating -
membrane cover installed on a surface
impoundment in accordance with the -
requirements of §264:1085(e)"bf 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 § 264.1086(b)(2)(i) of
this subpart that includes information
prepared by the owner or Operator or V
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 -..'..'' ... "
j>264.1086lb)(2)(ii) of this subpart.
v^4) Documentation for each closedr
.vent system and control device installed
. in accordance withjthe requirements of -
' § 204.1087 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)(4Kiii}' of this
section when :the tank; surface
impoundment^oropntainer is 6r would
:bei operating at capacity or :the highest ..-,'
! level reasonably, expected-to occur. - •;
'• (ii) If a design analysis is used,' then,'
design documentation as specified in
§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 ••'..'•'-'
§ 264.1035(b)(4)(iii) and certification by,
T 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 § 264.1035(b)(3) and all test
"results; '-.•""'"-'!•:'" ,
':.' (iv) Information as required by"
~§264.1d35(c)(l)and(c)(2). •'.' \ , ; •
(5) Records ior all Method 27 tests
••performed by the owner or operator for
each container used to meet the
Trequirements of § 264.1Q86(bHlKiii) of
this subpart. : . . • '••;* •:•"."
._ . '(6) Records, for all -visual.inspections
. conducted in accordance with the' •
requirements of § 264.1088 of. this
subpart. ••'•' y ,' . ;.'
": (7) Records for all monitoring for
." detectable organic emissions conducted ..
in accordance with the requirements of
; §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 forall continuous .
monitoring conducted in-accordance ,
with the requirements of § 264.1088 of
thissubpart.\ .-;-. . .
(10) .Records of the management of
carbon removed from a carbon
adsorption system conducted in
accordance with § 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
,§ 264.1084(b)(2) or § 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 tbie conditions' . • :
specified in-§264.1084(c) of this subpart
shall record the following information:
- (1) Date and time each wast&'sampie .
is collected fbr direct measurement of:
maximum organic vapor pressure in
accordance with. § 264il083(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 § 264.1083(c)lof this
subpart. : '_• • ' . • , • • .
.(3) Records specifying the tank ,.
; diniiensions arid'design capacity. •
(b) An-- owner or operator electing to "••
use air emission controls for a tank in
acclbrdance with the requirements of
§2iB4,1091 of this subpart shall record
the information required by -"
§2S4:i091(c) of this subpart.
(d) An owner or operator electing-not
to use air emission controls for a
paijticular tank, surface impoundment,
or (iontainer subject-to this subpart in-
acc,ordance with the conditions'
specified in § 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
doiiumentation) in the facility operating
log) If analysis results for waste samples
- arejused for the waste determination,
then the owner or operator shall record
the.date, time, and location that each" . •
waiste sample is collected in accordance
with apph'cable requirements of •
§ 2(54.1083 of this subpart. v •-.: ••"•
- Op) An owner or operator .electing'to
coBpply with requirements in ••-.•'.'
accordance with § 264.1082(c)(2)(v) or
§2(54.1082(c)(2)(vi) of this subpart shall
reciard the identification number for the
incinerator, boiler, or industrial furnace
in which the hazardous waste is treated.
. (ii) An owner of operator designating -
a 'cover as unsafe to inspect 'and monitor
pursuant to 40 CFR 265.10,89(f)(5) or
difiicult 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
infcirmation: ' -.- . .-
- ('L) A list of identification numbers for
tanks with covers that are designated as: •
uns afe to inspect and monitor in
acdibrdahce with the requirements of 40
CFR 265.l089(f)(5), an explanation for
eada cover stating why the cover is . :
unsafe to inspect and monitor, and the
plaij and schedule for inspecting and
.monitoring each cover.
(St) 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
momtoring each cover. - •-, • • ' -.. • '-••"•
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12934
Etdoal Begetter /. -V«^. 59; No. ,-233' f Suestiaff, Becenaber 6. 399% •/ Rates ami
(a)thxougb tf> ^tins-section excepfras?
. is SBCtion. shall be maintained
in the operating record for a minimum .
o f S y BKS^ Att Mcards'Kajuited by
section
opcxatingiecowl until thfl air cnrissiQii
•control .equipment is replaced 'or
(h) Thff ateasr or operator of a facility?
, that is snhjBCt to tiiis snbpart andto the
control drwiee standards irt 4OGFRpart
60,mbp«rrtVVor46eFRpartei,.
•SubpartVin^ elect to deittonstrate •
compliance witk ti»a applicable-sections:
of thissubpartby/ documentation either
parsuant toibiswibpait, or pursuant to
the provisions of 4O< CFR part 60,
subpart Wor 40 CFR part Bl.sabpart
V, tatrHrextentthatthedocirmentatioa
required by 4O CFR parts. 6O or 63
duplicates, the ctoairaentaUon; required
by this section.
§ 264.108'4feltll thrauglt t«^4l of this
subparL The owoei- or operator shall
submit a wriitert report within 15-
calendar days o£ the; time that the, owner
or operator, becomes aware- of the- •
occtuzenee. The written report shall
contairhtheBPA Jdentifieatioa aumber,,
faeilitf nfflne and grtHrBg^ at deseriptioa
of thenoncoajpliaiiceevemtaiwithe . .
cause,, the, dates of the noncompliaiice, •,
.and the actitms taken; tb>GQ£rect the
...
reoccurrence of the noncomrJaancs. The
report shall be signed and dated by an -
-authorized representative of the awniar-
or "operator, " ' . ' "
(el Each, owner or operator using, a
control device in, agtvn-riangR wiih, the
§264.1090
(a} Each. owner or operator managing ,
hazardous waste in ft tank* surface
impoundment, or container exempted
from, using air emission controls under
the provisiojis o£ §284.1082(4 shaU ,
report to theJRegional Administrator ,
each occurrence, whan, hazardous waste
is placed irk the waste, management unit
In noncompliance with, the conditions'
speciEed in § 264J.Qa2(e)(l> or. (c)(2j 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 greatsac than. .
lOQppraw at the point of waste . _ ..
origmation; or placing in the waste
management unit a treated, hazardous
waste- which fails to. meet the applicable
conditions specified in
§ 264 J.032£c)(2)(il through (cK2l(vl of .
this subpart. The owner or operator
shall submit a written report within 15
calendar days of the tune that the owner
or operator becomes; aware of the
occurrence. The written report shall
contain the: EPA identification number,.
fatality name and address, a description
of the noncompliance event and the
cause, the dales of the noncompliancey
and the actions taken to correct the
noncompliancftandprevent
reoccurrence of the-noncompliance-The
report shall he signed and dated by an
authorized representative of the, owner
or operator.
(bJEach owneroroperatorusingair
emission controls on a tank in
accordance with the requirements-
§264J084(c} of this subpart shall report
to the Regional Adininistratorfiaebi
occurrence when hazardous waste is
specified .ia 4O C3FR2iSS.ia9flL|a)ii)iD>
through (a)Cia(fc4. - .-
(2J The; wmBfW operator eladBag: to
comply with §26«Qa4(b)t3)d this
subpait shall design^ install,, opetatev,
and maintain: an external floating; ittef
that meets, fee iequineraerits:srieeifi«jd its
40, CFR 265.1Qai|a;i42l(il through
'
. „
(b) Tne owner or operator shali
inspect ami manitortha control ,
equipment in accordance with, tlue:
: Cl), Ear a tank equipped with a fixed
•roof-and internal fkiating. roofin • • •
accordance with the requirements/ of
paragraph (aj(ljof this section, the
owner or operator
requirements.of §264.108.7 of this,
subpart shall submit, a semiannual
written report.to the RegwaBal
.Administrator exeepiedas.nrqv,ided,for- •
in paragraph Id), of this section. The
report shall describe each occurrence.
during the previous, fi-month, period
when a control device is. operated •
continuQusly/ for'2.4 hours, or longer .in
noncompliance with1 the applicable.
operating, values defined in. • •
§ 264.1035(cJC4l or when aflarefe
-operated with, visibleemissions a&"
., ' ~.
PART 265—INTERIM STATUS
STANDARDS FOR OWNERS AND
OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND
DISPOSAL FACILITIES
211 The authority citation for part 265
continues: to read as follows:.
Authority: 42 O.S.C. &905, 6912fak6924, .
6923,: and 6935. -
Subpart A—General
.22; Section 2€5.lCb} is amended by
revising the first sentence to read as
•followsr '
§ 265.1 Putpose^seope,,
1 (b) Except as provided iai
§ 265.1080(b), the standards of this, part,
and of 4Q CER 2E4.55a and 40^ CFR,
264^53^ apipiy ta< ovteersrand opBTators
'«£.facflitigs that troat, sroie'or dJsposie of
-------
233 J .Tuesday. December 6, 1994,7, Rules /and Regulations 62935
hazardous waste who liave fully
complied With the requirements for
interim status under section 3005(e) of
, RCRA and §270.10 of this chaptei'.until
either a,.permit is issued under se'ction -
3005 of RCRA.or until applicable part
-265 closure and post-closure
responsibilities are fulfilled, and to '
those^wners and operators of facilities .
in existence on November 19, 1980 who
iave failed to provide timely ,
.-notification/as required by section -. " .-
,^010{a) jof RCRA and/or failed to file
Part A of the permit application as
required by 40 CFR 270.1O {e} and --"-
<&••*'*;•*;..•:,_ ; = -'. . ... ,. •: ... , .
• * ' * 'F •••*'.. •* .. ..•* ,"' •• ,' '.
Subpart B— General Facility Standards
.§265.13 i {Amended] '
23. Jnl-S265.13, paragraph fb){6) is t
amended by adding "205.1084," after
the phrase "as specified in §§ 2651200,-. "
265.2251 265.252,,265.273. 265.314,
.265.34lt 265.375, 265..4b2,^65.1034(d),
265.1Q63(d),". , : .•-••.
24. In §265.13, paragraph (bH8) is '
added, to read as follows: • ••'
§265.13 i General waste analysis.
• '' ' ''
• . .. ....
(8) For owners and operators seeking
an exemption to the air.emission
standards of Subpart GC«f this part in
accordance "with §265.1083 — ^
(i) The procedures and schedules for
waste sampling and analysis, and the
' 'analysis iof lest data to verify the
exemption. i
(ii) Each generator's notice, and
. certification of the volatile organic -.• ..
concentration in the waste if the waste
is received from offsite.
*'•.*, ! '.* • . -•* .-*••• • '• . • . ' ' ;
§265.15 ![Amended]
25. In §265.15, paragraph (b)(4) is
amended by removing the word "and"
after the phrase "frequencies called for
in §§265.174, 265.193, 265.195,
265,226, 1265.260,265.278, 265.304,
265.347, !265.377; 265.403, 265.1033,
265.1052, 265.1053," and adding
"265.1089, and 265,1091(b)," after
"265.16518,". /
Subpart E— Manifest System,
Recordtopeping, and Reporting
26. Section 265.73 is amended by
revising paragraphs (b)(3) and (b)(6) to
read as follows: *
§265.73 Operating record.
. ... .. . . ,.
(3) Records and results of waste
analysis, waste determinations, and trial
tests performed as specified in
§§ 265.13,265.200,265.225,265.252,
265.273, 265.314, 265.341* 265.37S,
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 §§ 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)fl), 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: .';.'••'
§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:
§ 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 jU-Tank Systems
29. Section 265.202 is added to read
.as follows:' ..••.•
§265.202 Air emission standards.
• • The owner or operator shall manage
all hazardous waste placed hi 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: . .
§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 snbpart 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 (1) to read as follows:
§265.1033 Standards: Closed-vent
systems and control devices.
(?) Closed-vent systems shall be
moinitored to determine compliance
with this section during the initial leak
detection monitoring, which shall be
conducted by the date that the facility-
bee bmes subject to the provisions of this
seclionr annually, and at other times as
requested by the Regional
Administrator. For the annual leak
detection monitoring after the initial
leal: 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,
seains, or other connections that are .....
permanently or semipermanently
sealed (e.g.t a welded joint between two
sections of metal pipe*or a.bolted and <
gastieted pipe flange^.
* i */,•*; •', '"«•"•'. ••-'.'.
., dilThe owner or operator using a
carh'on adsorption system shall -.
dociiment that all carbon removed jfrom
the control device is managed in one of
the Ifollowing 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 i264 or subpart Oof 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:
Subpiart CC—Air Emission Standards for
Tanks, Surface Impoundments, and
Containers
Sec. ['/. •-.-.• : ' ''••.'•'•-.."
265.l|080 Applicability.
265.i;081 Definitions.
' 265.i;o82 Schedule for implementation of
a'ir emission standards.
265.1083 Standards: General.
265.1084 Waste determination procedures
265.1085 Standards: Tanks.
265.1086 Standards: Surface -
impoundments.
265.1087 Standards: Containers. . '
265.1058 Standards: Closed-vent systems
and control devices. •
265.1089 .Inspection and monitoring
, njquirements.-
265.1090 Recbrdkeeping requirements..
'265.1091 Alternative tank emission-control •
requirements. ' -
Subpart CC—Air Emission Standards
for Tanks, Surface Impoundments, and
Containers
§265.|I080 Applicability.
- (a) The requirements of this subpart
appl}^ to owners and operators of all
facili ties that treat, store, or dispose of
hazardous waste in tanks, surface
impoundments, or containers subject to
-------
62936 -Federal Register.,/ Vol. 59. No, 233 /Tuesday;:December 6, 1994 /Rules and Regulations
either subparts I, J, or K of this part
except as § 265.1 and paragraph.(b) of,
this section provide otherwise..
(b) Tie 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
onor-afterjune5,1995. - . ...
(2) A container that has a design .
•capacity less than or equal to O.l.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
use'd 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 3Q05 prior to June 5,1995, the
following requirements apply:
(1J 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. ' • ,
§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 overage VO
concentration means the mass-weighted
average volatile organic concentration of
a hazardous waste as determined in
accordance with the requirements of
§ 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,.:sarnpling ports,
and gaujge 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 •
rthe 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 mesas 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 mesas 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. .. •
Max/mum 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 dr 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 a§
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 ofgeneratioh" 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 • 1
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 OT 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 •
§ 265.1084 of this subpart.
Waste determination means
performing all applicable procedures.in
accordance with the requirements of
§ 265.1084 of this subpart to determine
whether a hazardous waste meets
. standards-specified in this subpart. -
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. -,v. • .,-, /.r * ...••.. . . . ....• . -. . - .•.•*•. .- .. .. •
Register 7 ;VoL 59,'No/ 233 / Tuesday, December 6, 1994 / Rules and Regulations 152937
45xamples of fl.waste determination ...
• iinclude perfbrining.ithe:procedures in
accordance with'the requirements of ^'
• § 265.1084'Ofthis subpart to determine
- «thei •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
xeducticjn efficiency arid 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
, eitherreduce the mobility of hazardous
constituents in^a hazardous waste or •-••-,.
eliminate free liquids as determined by
Test Mettiod 9095 {Paint Filter Liquids
•Test) in "Test Methods for Evaluating
Solid Waste, Physical/Chemical
Method^'EPA Publication No. SW- i
846, Third Edition, September 1986, as
amended by Update I, November 15,
1992 (incorporated by reference—refer.
to§\260illpfthis;chapter). Awaste •
' '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
; "wastekuidifieation." , . • ••''.-,...,:
§ 265.1082 Schedule for Implementation of
air emission standards.
(a) Oijvners or operators of facilities
existing on June 5,1995, and subject to
Bubparts 1, J, and K of this part shall
meet the following requirements: r
(1) Install and begin operation of all
control Equipment required by this .
subpartjby 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,
•. informationt-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. T '.,..
(in) For facilities subject to the
recordkeeping requirements of §265.73
of this part, the owner or operator shall
, enter the implementation schedule
specified in paragraph {a){2)(n).of this .
section in the operating record no later
than June 5,1995. -
-(iv) For facilitiesiipt subject to >
§ 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 begui operation of all
control equipment required by this ;
•subpart by the effective date of the
amendment except as provided for in
paragraph 0>)(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 tut no
later than 30 rnpnths after the effective.
date of the amendment. " .
(ii) For facilities subject to the
recordkeeping requirements of § 265.73,
enter and maintain the implementation
schedule specified in paragraph (a)(2)(ii)
of this'sectibn in the operating record no
later than the effettive date of the
amendment, or . '
(iii) For facilities not subject to -
§ 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 "
electto 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.
§265.1083 Standards: Generaf.
(a) This-section applies to the ,'
. management of hazardous waste in
tanks, surface impoundments; and;/,'. '•
containers subject to this subpart.
(b]i The owner or operator shall
control air emissions from each waste •
management unit in accordance,with
standards specified in §265.1085
through § 265.1088 of this subpart, as
• applicable to the waste management
linitii except as provided for in
paragraph (c) of this section.
(c]l A waste management unit is
• exempted from standards specified in'
- §2615.1085 through §265.1088 of this
subpart provided that all hazardous ..
wasl:e placed in the waste management
unitiis determined by the owneror ".
ppeiator to meet either of the following
conditions:
-• (1 j The average VO concentration of -
'the Jiazardous 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 § ^65.1084(a) of this subpart. .
(2) The organic content of the
hazzirdous waste has been reduced fty an
organic destruction or removal process
that |achieves any one 'df 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
(QJ established for the process. The
average VO concentration of the
haziirdous waste at the point of waste-
treatment and the exit concentration
: limit for .the process-shall be determined
using the procedures specified in . '
§ 265.l084(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 ''•
orgjmic 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 §265.1084(b) of this
subpart.
(iii) A process^thatr 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
reqiliired organic mass removal rate
(RN1R) established for the process. The
required organic mass removal rate and
• the factual organic mass removal rate for
the [process shall be determined using
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*»62938 -Federal-Register 7 'Vol. 59, No:4233 / Tuesday. December 6; .1994 / -Rules and Regulations
the procedures specified in.
§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
blodegradation efficiency (Rbii) for the
process is equal to or greater than 95
percent. The organicTeduction
efficiency and the organic
blodegradation efficiency for the process.
' shall be determined in accordance with
the procedures specified in • •
§ 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
§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 thejnaterials enteringlhe ,
process are hazardous wastes.. • •
(B) From the point of waste
origination through Ihe 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 § 265.1085 through § 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
§ 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 § 265.1084Cb) 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.; 'i .- - -
(d) When a processes used, for the
purpose of treating a hazardous waste to
meet one Of the sets of.conditions
specified in paragraphs (cK2)(i) through
(c)(2)(y) 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.contairier exempted
from using air emission controls under
the provisions of this section as follows:
[II 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 •
§ 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 § 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) hi 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)(l) of this sectipn 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 VOconcentration.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 § 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 •
fof 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 1,00 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
§ 265.1084(a) and § 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.
§265.1084 Waste determination
• procedures.
Ka) 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 § 265.1083(c)(l) of this
subpart from using air emission controls
in accordance with standards specified
in § 265.1085 through § 265.1088 of this
subpart, as applicable to the waste
management unit. / , .
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'••;'QjFederal Register / Wol. 59, No. 233 / Tuesday, December 6, 1994 /Rules and Regulations 62939
e:facility pwner.pr; ! -
operator Is the generator of the ; ->
.hazardous waste, the owner of'operator
shall determine the average VO .
concentration of the hazardous waste
using either direct measurement as •
specified in paragraph (a)(5) of this ,
' section of knowledge of the waste as
specified in paragraph (a)(6) of-this :
section Jor each hazardous waste
generated-as follows: . .-.
, (i) Vyhen the .hazardous waste js .
. generated as part of a continuous
process,' the owner or operator shall:
•' (A) Perform .an initial waste
determination of :the average VO
concentrationof the waste stream before
the first time any- portion x>f the material
in the iwaste^stream is'pkced in a waste
' management unit subject to this subpart,
. .and thereafter update the information
- used for 1fce waste determination at least
once e(very 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 jtb increase to a level that is equal
'.' -to or greater than the applicable .VO
concentration limits specified in
§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
•J 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
§ 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 Hie first time any portion of the
materialin 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
§ 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 r
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 e'qual 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 'I
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 •
eaiih averaging period.
(iii) The owner or operator shall
identify each .discrete quantity of the
msiterial 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
coiotainer, ' . - •. • .
l[iv),The following procedure shall be
used measure, the VO concentration for
eaiph discrete quantity of material
identified in paragraph (a)(5)(iii) of this .
seiition: ... .'.-.'
(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
tesited. All of -the samples shall be'
collected within a 1-hour period."
Sufficient information shall be prepared
aild 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 . ,
rejbresented 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
19^6, as amended by Update I,
November 15,1992 (incorporated by
reference—rrefer to §260.11 of this
' chapter), ^_ ' • . .
• j[C) Each collectecfsaniple shall be :
prepared and analyzed in accordance
with the requirements of Method 25D in
40| CFR part 60, appendix A.
|JD) The measured VO concentration'
foi? the discrete quantity of hazardous
waste shall be determined by using the'
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.62340 Federal Register «/, V/cl'.SQi, NOK 233 k
Becemkeor 64, .iS9« ,L- Rules- ami
results foe aH g
of this section, and. the following
*' equation; . " •••_., .•" .
-where:,.
discrete: quantity ofihazardous
waste; ppnrwr. '
ie!ndiyMuaisanqile"i" of t&e
Jjazarchaus •waste.' coHected1 in= •
baz&rdotis; waste eoHected (at least
4j within- a- 1-hour period. ,
Q=VO- cmrcentratiDTB measnTBii by
Mothadt25B fijTsancple "i"rppmw;
(v) The average VO concentration- of
the bazar.dduswastejsnall fee-
detennined usuig^thefdJIbwing' •
procedure:
(A^Whert the facility owner or-
operatOF is-1fhe--generator of the
hazardous waste, a suSraenE rrumber of
VO coneentratfoameasiErenienls-fbrlhe-
haaardoas waste shaff ba'perfoSmerf in-
nccoydariCT wi8h the reqtmements-.of
paragraph: {aKSjprJ of this'secttoa to
represent the complete range of ,
htszardoay waste- organic compositions
and! quantities-trrat occurdurrng1^'
entire ffreraging;peribtf due'ter nxnmal_.
varratfbns fir the- op«raUug'con(fiUoiis
for each process operating:made
IdentifiearbrttarsoTtrce or process 1
generating the hazardous waste. •
(B) \VhewtfiolaaKtyowiieror- -
operaroris-not'the-generatorofthe
hazardous1 waste, a sufficient number of
,VO concontratiorr HreasuTements for the
hazardons-wastcshall Be'pHrformed in
occcmlanco- wrflr the- requirements of
paragraph frKSKivJ' of this section to .
representtire corapleterangaaf " ,
hazardoBS- waste organfccorapositfons
and quantitJcs- that cfccurin the
hazardous wasteasreceivedat the,
facility during- tire entire averaging.
poriod.
(C) The- averager VO concentration, of
the hazardous-waste at the. point of
waste orfginatiomshall'be calculated by
mcasttrenrents' pet&rmed! fin.* accordance
with paragraph- C»)t5](ivJ of this section
and tferfbllbwing equation,-
whore: . '
Cflvc= Average. VO concentratioa of ther
hazardous! wast&ii£the.poin£ of
originnflou, ppmw..
•}=IndiviiuaLdis ; • -
(6) Rcxjcedtrrefijrusing'knowJ'edge of
the- waste- to determine the average VO
concentration: of- a-hazardous waste'at
the point ofHvastff origination.
_(i) The owner OF operator-shall
icfentrfy and record the point of waste- v
origination far the'hazardbus waste-. All1
'
average VOre'oneeiitratien ofthe-
hazardous waste shall be based' on? th«-
.haizardous waste •CB
point.
periodt'toibe rased' finretetHasiHiing'the-'
average MGt doncenGafiss-feEfihe.' : • • -
hazardnus- wasteu*Eh«!.aTP6ragraig period''
shall rust exzieedi "k yean: Aa iiifli^ waste
detenninatiani sballiba perforated! fcnr,'
«acbaveragiiigpeiiodl
VO coneentration-.for theiiazardcuis
ivastei. Information! may 'be used; that.is;
eperateir arhy the generHtmrafitiie
(iv) Iff test? diiitaiartiEDaEtiian;\fO)
concentration ijieasurfii
specifiedin paragraph: (a)(St)iiw);o£tliia;
section.; are,! usedt as; &e basis; fisr "• •
knowledgaro£ the' wastes them t&e;owueir
or operator shall' documfint the test
method',, sampling protocolvarrdi the;
means by whieb>.s0mpiiDg- variability
and analytical variability axe accounted:
for in the determinatioiii of the average
VO concentratroir.. For example;, an v
• own'er or opeiatormay use! mdlbE&iQal'
' organie-eoiiatituent conGentratibB. test
data that age* validated: icu ancEusdaaeg
.with Methodi 30.li ini appendix A- off4ffl)
CFRpari 63; as tfes basis; f
of:t4ie;waste. • .
(3bi): Waste; detennina
for treated hazardous waste;
(jl)? Ans HwmejrcHf &peratsoFshaffli
hazaidous
management isamt exempted, under tsbue
in § 265i
' subpart,, as; applieable to tha waste
management unit
(2) The; cnaaifflcoE'DpfiEator.1 sfeall'.
perform a waste dBtezmdinatdon. fbri each.
waste- as followsr
(i) WhenitherfiazaEdjaas-wastteis,
•owner or.operator shall:
(A) PerfoaaitasnLHiitiaLwaatB;
.determimatidn; Bar the; treated1 waste
.stream befinrE the fissft, time: auypoctioni
o ft tke: material- in. the waste streami is. •
. placed in a -was te management unit
siab JHCt:ttr this sub part!,- and thereafter
.update: the iafbranatian used, for' the,
waste- dBtermmati am at iBasH once every
1 2 months, following: the date afthe:
mjtial waste determmatiinn; and:
information
basis; for knowledge; e£tb» waste-
'includes organic materiai balances fer
the source or process generating the;
waste;, VQ eoncentration- measuiemente
for'the same- ^pe; of waste- peifsnned; nm
aceoidanc&wuii the: procedure; sperffiedi
in paragraph (a)(5l(iviof;this;secl!iisnr, .'.
previous individual organic constituent
testdata.fer the wasteihatare-stiilli
appliGafifeto-thacunant wastes
management practices; documentations
that the waste- is generated' by a; pzocess
for whiAaaerganks-eonfedruiBg;
materials, are used;, pee vious teat data' for
other locationsuaanaging.thftsamertjipe
of waste; or other kaowledgfcbasedf on-
manifests-,
.certification notices.
determinati'on wlienever
hazardous waste: streams iedto.the:
p roeess;are; reasonably likely ta cause •
tsbBicharaGtenistixis dftiiehazardtous!
. waste at the: point o£ waste: treatment to' .
change: to> levels that faii to: achieve the
applicable conditions specified in.
(ii) When: the hazardous waste, is
treatedby a batch; process; that is
necessarily continuously r the1 otwiei or
operator shalk ;
(A) Perfomrt an* ktitiall waste; \ ,
determination fior the; treated! hazardous
waste in one or more> representative1
hatches treated by the- process; and!
theraHfter update the: information' uaedi
for the? waste determteationi at least once1
-------
\ Federal Register / Vol. 59, No. 233 / Tuesday, December 6, 1994 / Rules and Regulations 62941
-ieveryji2:;montns following the date of..:
the initial waste determination; and
_. (B) Perfpnn-aiievirwaste... : • .
determination whenever changes to the
hazardous waste treated by the process
.arereasonablylikely'io cause the .
characteristics of the .hazardous waste at •
"the pqintjolwaste^treatment to change '
to levels that'fail to achieve the ,
applicable conditions specified in
;§265.1083(c)(2) bfthissubpart.
• "(3) The! owner or. operator .shall ;
.designate and lecord, the specific - '-•' '
provision in-§265.1083l[cK2) of tiiis
subpart for which the waste . ••'.-•
determination is being performed.-The
• waste determination for the treated '
hazaf dou|s waste shall be performed -
using thel applicable,procedures
specified in paragraphs (b)(4) through
;{b)(10) ofjthis section. .
" (4) Procedure to determine the
average yo concentration of a ; ". -•••-
hazardous waste at the point of waste
.treatment., . ;/'- . .
-"-JL) The [owner or. operator shall . ~-
" identify find jepord the point of waste
• treatment for therhazardous waste. All ;
waste samples used to determine the .
average yp concentration of the .. .:; .;
hazardous waste'shallbe collected:at •". :.'-.
this point. ' • .- • . • ..". •'•• ..
(ii) Th6 owner of operator shall :.
designate and record the. averaging
period to be used for determining the
average yo concentration for the
hazardous waste.-The averaging period
shall not exceed 1 year. An initial waste-
determination shall be performed,for
each averaging period. , ,v •.-.-/
(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, i . :-•' ••' . • ,
. ;(iy) 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
eollectediwithin 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.I -.'; ' ',
(B) Each sample shall be collected in
accordance with the requirements .
specified in "Test Methods for
1 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— r-refer to § 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 (bj(4)(iv)(C)
Of this section and the following
equation: .
where: : . ' .•--...
C = Measured VO concentration of the "
discrete quantity of hazardous
waste, ppmw.
i-= Individual sample "i" o'f 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 La -
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: . .
vT j=r
where: • • . ; ' -i '.-•-'
Cave =^Average VO concentration of the '
> hazardous waste at the point of
waste treatment, ppmw. \
} = Individual discrete quantity "j" of
the hazardous waste for which a VO
concentration measurement is -
determined in accordance with the
:'rBquirements .of paragraph- (b)(4)(iv) ;
ipf this section. .-,..:' '
m = Total number of VO concentration
measurements determined in
accordance with the requirements
of paragraph (b)(4)(iv) of this
sbction for the -averaging period.
QJ-= Mass of the discrete quantity of the
. hazardous waste represented by Cj,
•' -% '•'-''•;. '•:'-" .'"-, , .-•'
Qr ^Total-mass of. the hazardous waste
.; for the ayeraguig period, kg. •
.Cj = Measured VO concentration of
discrete quantity "j" lor the
hazardous waste determined in
--" . accordance ,with the requirements
c|f paragraph- (b)(4)(iv) of this
sbction, ppmw. : ' ..
(5) Procedure to determuie the exit '
concentration umit (Q) fora treated
hazatjdous waste. ~ - '-.'..
(i) The ppmt of waste origination for
each hazardous waste treated by the •
procejss at the same time shall be , "
identified. • . ' ,
(ii) [If a single" hazardous waste stream "~
is identified in paragraph (b)(5)(i) of this :
secticm, then the exit concentration
Umit (Q) 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 pointof waste origination
shall be determined in accordance with
the requirements of paragraph (a) of this
section. The exit concentration limit (Q>
• .shall be calculated by using the results
. deter bained for each individual '
hazai'dbus waste stream and the '• '•-
folloiying equation: :
xlOOppiriw)
... -i -; -. ..*='• y=' :.
where: •
C, = ISxit concentration limit for treated
• Hazardous waste, ppmw..
x = Individual hazardous waste stream
']x" that has a VO eonceritratiqn ~
less than 100 ppmw at the point of
waste origination as determined.in
aiccordance with the requirements
of§265J.084(a).
y = Individual hazardous waste stream
'jy" that has a VO concentration
equal to or greater than 100 ppmw
at the pouit of waste origination as
determined in accordance with the
requirements of § 265.1084(a).
m = Total number of "x" hazardous
ivaste streams treated by process.
n = Total number of "y" hazardous
streams treated by-process. '
-------
G2S42. Fedtxali Register
59v Nbw 233V // TTtesday-,, Bfecember 6,. i<99$ /; Rules andl RfeguI&tieHSj \
Q^=:AinuBtllinH£;s--gpanti£y.'of hazardous
waste stream 'Wh^yR " . "
Qy,s Annual mass'quoirtatjpoC hazardous;
jvastaistream"^1-', kg/yr., • •
Cf. & Average- VO: concentration' of
hazardous wasttsstream. "x?' atthe
point aEwasto- origination, as.
dstarmincd in: accordance with- tire
requirements: of § 265 .1084(a)v
ppmw. ,
(SPPreeedure'to determine'tne-orgairier
joduclionieffficiencyr-(Kpfbra'trBffted!
hazardous waste-. •
(i) The'organic reduction, efficiency
for a treatrnent-ptoeas&snaiFBe
- determined-Based! on? results fora.
• minimum- of Jlnee-consecutive-runs.
The sampling time foreaefr,run- shall be
1 hour:. ~
stream entering the procesaanAeadx
hazardtmss'ujaste steam exiting' the.1
'
calculation. a£ tha ocgarmrrediiction
'efficiency for the process shall.be
ideniifreclL
(lit) Foncacn Rmv- the fpHo wing:
Infonnntron! shall* V» ArtafrmmmfrffTr'
each, hazardcms waste stream Sientified
in paragraph 03K6}(ii> of thiftSGctiDn,
ushig thcfbllnvvingprQccdnrea:
(ATThesmaas quantity of each-
hazardoussvrastastiaaraientermgthc-
pcocBssCQti).£ind..the,maBS-quantityQf,
each, hazardous waste? stream." exiting: the"
process. CQJ shall he detenninedL
(B) The VO)«mcerttrationro£each:
hazardous waste stream, entering the
process (QJ: during- thgtrmishalV be
mcasuredin accordnncfi with. the. ' .
requirements of paragraphs (a)j(5}{iv)(uS)f
through (&)(5)(ivj(D) of this section. The
VO concentration oi eackhazardcnus
\vaste-streanr ejdting, the-proeess OCa)
during the run shall be determined in
accordance with the requirements of
paragraph (b)(4ltiv) 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 shalTBe collected
concurrently.
(2]f Fora batch process, the samples of
the hazardous- waste-entering the r
process shafl'be collected at the time
that the hazardous waste is placed in
the process. The samples of the
hazardous waste exMng-the process
shall be collected- as soon as practicable
after thettme when-thieproces&stops
operation1 or the final treatrnentGycle -
ends.
(iv) TJhe-wastB-volatite'GrgaHiernass
flow entering't&e process- (Ei>). and the-
was to-volatile orgamC mass- flow exiting
the process- OSJ'SnaTl be-calGulatedib-y'
this--S8ctioni and! the* foltowihg' cquatibnat:
1:0°
where: , ' : •
Ea.— W&Ste yolatilfe.prgarac mass flow
'
,,. ..
-— Waste.vblatilB orgairitemassflow
''
.r .
m = Totalirrumberof runs(atlbast 3)'
,j = Individual^ruri "j" • -
Qhj = 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:
C^j = Measured; VOiconeentcatiimi of '
hazardous waste exitiirg^proDBSs
during ram " y ss-: determined: im
accordance- witir the;requiirements •
oft §;265;i084fb)(a)(iv)v ppmw; v
Cb> = Measured VO concentration; of
hazardbusiwaste entering' process -
daring run-. "jfKas: determined' inv
•accordance3 w^tia- tJiei requirements
of § 2S5ll®ff« (a)?53^wiK!&J! toough-
' .falt3)(iv)(p1i ppmw.. ...
(V<) TBe'organife reductabn-effiefeEicyof
the process's&alibe1 cal'cul'ated'by usng'
.
with paragraph' (b){SJC&$ of this seetSor*
and the foitewihg equattoH'. .
-x.160.%
where: -
R = Organie-reduetitorr. effieiient3y -f ^
percent. ' ,
Eb = Waste-volati-le-erganic-mass flow-
enteriBg'process'as-determiriedlin
accordance- with1 tibte'requirements
section-, fcg/'hr.
Ea = Waste volatile- organiis mass flow
exiting process as- determined in-
aecordianee" with the- requirements
of paragraph. (bj(6')(iv)- of tMs
section, kg/hr: • '• •
(7) Procedure to determine the organic
bibdegradations efficiency. (Rbj0) for a /
treated hazardous- waste, ,-
(i) The fraction of -organics -
biodegraded ^Fbio) shall be determined
using fee: piocedmej specirledi ra 40. CER.
part 6a, appendix.G a£this.chapteK
, (ii) The organicbiodegraHatiGir
efficiency. shaLLbe1 calculated! by
Che5 fbliowing' equation::
where:
percent?. - * ' ' : .
Fbio;= Fraction; afiorgamcModegradeidl as
determined1 in aceiwdanee' wiffi< tte
requirements' ofparagraph1
(3lFrocedura to determine the
required organicmass.removal, rate
(RMR) .for a,trealied"liiizardoiis waste.,
(i) The pouu\o£waste,originatioji Sax.
each hazardous; waste treated by tire:
process at. the; same; tima shall bflj
r-identi30d;. ' •'..-.
(ii) For eack hazardous, waste steeam.
identified, to paragraph- (b)(,8Mi)< of this; -
section,;the7Vb>GQia!entTaliDniQf1 the,
hazandous. waste stream at. the Boiato£ '
waste originatfon--shaJlb£:deterinHied'.iai
accordance wito the. requkementa, oil.
paragraph (a) of this,seGtkini
(iii) For each; iztdrviduali hazardous;
waste stream.' that hasia-.volatlte orgaaaie:
coneentratrDir.aqBalctcRorrgTeaterrthan; .i •
100 ppmw at the point- of waste;
witk-theirequirementaofiparagraphi
.(b)(a)iii):of this;sectiiwi,.tiie average: •
• volumeteic;flEraiv;EatB:(i£hazardon8i waste;
at the point afiWastff.ordgiaaticmiaiiditlie: :
densitjf! of tferhazardoirB- waste; steeanB"
shall be determined.
(iv) The>requi'red; organic'mass;
removal! rate< for' fee hazardous- waste>-
shall-'-beEalctiteted'.by.Tasing-tlle results
determinerd for «aefe ikdividuai
hazardous waste stream' in- accordance
(b)(ff)(ii.)>and: f
and the following equatrbar
y=l>|
ro°
where:
RMR'=
.rate,
.raie, KgMic., •
y = Individual hazaudausr wasta stceaai.
"y" tiiat has a volatile organic.
csoneentratioiiiequaitoi or greater .
than- lOjQ.ppiaw at.the-point of
waste-origin^aoa aa determined-dn:
•. , aceordaneer \wiih the r.equirement-3;
n = Totahnumfaer. ofi "y'' hazardous:
waste-streams" treated- by proeeas-.
Y>-=.- Average wqlianEtricfTDW rate-of '
hazardous; waste: stream: "y," atihe;
point of viastB; origination^, m?5(te
ky-= Density of hazardous: waste stream;
Cy- =
hazardous waste stream "y". at1 the.- .
' • point 09 waste origination -as-
determirted; ira- accordance1 with the:
-------
Federal Register 7 Vol. 59.No. 233 /Tuesday, December 6, 3994 7
Rules and Regulations 62943
; (9) Procedure to determine the actual
organic 'mass removal rate (MR) fora
• treated hazardous-waste. . •- ' . l ,
(i) The actual-organic mass removal
rateshaill be determined based on
. " Jesuits for a minimum of three
consecutive runs. The samplingtime 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 (EJ shalibe 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 ' - ' • •-: i . .-. •' ' ,
/where: • '"••• , . ' • •
MR.= Actual organic mass removal rate,
kg/far.' -.: -.-. . v
Eb —Waste ^volatile organic mass' floxv '
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 (MRbk>)
foria treated hazardous waste.- - "• -
(i) The actual-organic mass ,
3jiodegradation rate shall be detennujed
.based on Jesuits 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 • '• -
biodegralded (Fbio) shalibe determined
using th£ procedure specified in 40 CFR
part 63, appendix C.
(iv) Tlie actual organic mass
bipdegra!dation 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)(io){iii) of this section arid the' .--,
• following equation: , •"•-.-• - - ;
•
Where: :
>•= Fraction of organic biodegraded as
•determined in accordance with the
requirements of paragraph.
" ""issection.
=. Actual organic mass
biodegradation rate, kg/hr. r • •
Eb = Waste organic mass flow entering
process as determined in
accordance with the requirements
^ of paragraph (b)(6)(iv) of this
section, kg/hr.
(c) Procedure to determine the
'maximum organic vapor pressure of a
hazardous waste in a tank. • '
(1) An owner or operator shall • -
de'termine the maximum organic vapor
pressure for each hazardous waste
placed in a tank using air emission
controls in accordance with standards •
specified in § 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-prefer to §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 2gp in 40 CFJR 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—refertq §260.11 of this
chapter); . •'. •
(G) Methods obtained from standard
reference texts;
(D) ASTM Method 2879-92
(incorporated by reference—refer to
§260.11 of this chapter); or
•(E) Any other method approved by the
Regional Administrator.
f 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 Jio ;
orgsiriics-containing materials are used;,
or that the waste.is generated by a
proress fo'r which at other locations it
pre^pously has been determined by
direct measurement that the waste
ma^timuin organic vapor pressure is less
than the maximum vapor pressure limit
for the appropriate design capacity
category specified for the tank.
§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:
• . (Ii) A tank in which all hazardous
waste entering the tank meets the
conditions specified in § 265.1083(c) of
this subpart; or "
(2) A tank used for biological
treatment of hazardous waste in
acccirdance With the requirements of
§ 265.1083(c)(2Kiv) 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 § 265.1091'of
this subpart; , • •
(3) A tank equipped with an external
"floating -roof in accordance with the
.requirements of §265.1091 of this
subjiart;Br . • . - •-• ,
(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]j.As an alternative to complying
With paragraph (b) of this section, an ,
owneir 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)(l) of this section when the '•,...
hazardous waste is determined to meet
all of the following conditions:
(l]l The hazardous waste is neither
mixe|d, stured, agitated, nor circulated
withjn the tank by the owner or operator
usinjg a process that results in splashing,
frothing, or visible turbulent flow on the
wastp surface during normal process
operations;
(2]i The hazardous waste in the tank
is mot heated by the owner of operator
except, during conditions requiring that
the waste be heated to prevent the waste
from freezing or to maintain adequate
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62944' Federal Register / Vol. '59;-No. 233 7 Tuesday,December 6, 1994 / Rules.and Regulations
waste flow conditions for continuing _ .
normal process operations; ',..' ' •
(3) The hazardous waste in the tank •
.is not treate.d 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 tide hazardous waste in the
•tank as determined using the procedure •
'specified in § 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 ^ •
kPajor '
(Hi) If the tank design capacity is less
than 75 m3, Chen the maximum organic.
vapor pressure shall be less than 76.6
kPa. * .
' (d) To comply with paragraph (b)(l) of
this section, me 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., coveredbyagasketedlidorcap) ;;
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 § 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}(l) or (e)(2) of this
section. The EPA considers a drain
system that meets theTequirements of
40 CFR 61.346(a)(l) or 40 CFR ,
61.346(b)(l) 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 § 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 § 265.1083 (c) of this
subpart.
(f) Each cover opening shallbe .
secured in a closed, sealed position
(e.g., covered by a.gasketed lid) at all ,.
times that hazardous waste isin the
tank except when it is necessary to Tis'e
the cover opening to: v ...
. ..-(I) 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 ' r
operated in accordance with the
requirements of § 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 pr routine venting of organic'; _,
vapors from the tank or the closed-vent .
systeinTconnected to a control device;
and , ' . ", •'..;' •;
• (2) Th'e 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-gopd
-.engineering and safety practices for
handling flaminablercombustible,
^explosive, .or other hazardous materials.
An example of an unplanned event is a
"sudden power outage. •
§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
specifiedin §265.1083(c) of this
subpart; or .
(2) A surface impoundment used for
biological treatment of hazardous waste
in accordance with the requirements of
§ 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 .
coyer meeting the requirements ' •..
specified in paragraph (e) of this section
•• when the hazardous waste is .
determined to meet all 6f the following
conditions: •
1 (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 fiow'onUie 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)(l) of.
-this section, me owner or operator sha.ll
design, install, operate, and maintain a
cover mat 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 § 265.1088
of'this subpart.
,(e) To comply with paragraph (c) of
v 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 is4n the surface impoundment,
the entire surface area of the hazardous
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_H- Tederal Register / ^61. 59,rNo. 233 /.Tuesday/peceinber'iD-, 1994 /j/Jfoles and Regulations 612945
waste is enclosed byfhe cover, and any
air spaces underneath the cover are not
vented to the atmosphere except during
conditibn&«pecifieddh paragraph"(h) of
:'-thisseqtion.;. , • ..
'(2) The floating membrane -cover and
all cover openings (e.g., access hatches;
sampling ports, and gauge wells) shall :.
,be designed'to operate with ho. - V '
detectable organic emissions when-all.
cover openings are secured in a closed,
sealed position. " -• : , -:^ •.".' *•...-.
- (3) Each coyer 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)(l)
'through: (g)(3) of this section; and
•: -(4) The synthetic membrane material
. used for the floating membrane cover
shalTbeieither: .;.. -
(i) High density polyethylene with'a
thickness no less than^.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;-arid • -•.. .
{BJ Chemical and physicaljiroperties
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
. impounjiment, weather exposure, and
cover installation and operation .
practices. '.-•- - ;.- ::•. - ._•_• . • _-
(fj 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)(l) or (f)(2) of this section.
The EPA considers a drain system that
. meets the requirements of 40 CFR
. 61.346(a'){l) or 40 GER 61,346(b)(l) .
through j(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 § 265.1083(c) of
-this sufapart; and ...
(2) Transfer allhazardous waste from
the -surface impoundment to another
tank, sui-face impoundment,or
container subject to this subpart.except
for thosej hazardous wastes that meet the
conditions specified in § 26 5.1083 (c) of -
this subpart : . .
(g) Each cover opening shall be
isecured p the closed,:sealed position .
(e.g.i.eoyered by a gasketed lid or cap)
at all times that hazardous waste is in
-the surface impoundment except when
itisnecessary 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
thecover; ... ' '.-•'.-'• •.'
'. (3) Remove treatment residues from
the surface impoundment in accordance
with the requirements of 40 CFR 268.4;
:0r ' " •• "-• -: • ':-'-' ''•"- •'. •"-', -'.'-;. • '.' • '.'
(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
§ 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 ail tunes
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. ' :.-'- ' . -
§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"§ 265.1O83(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.gi, lids, bungs,
hatches,; and sampling ports) are
secured in a closed, sealed
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62946 FederaJ'Tle^ister / Vol. 59, No' "233 /.Tuesday, December 6, 1994;/ Rules and Regulations
vented through a closed-vent system to
.a control device. ' • " ",'.-.' ,
(il) The endosure 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 emittedIrom
the hazardous waste in the container
•and vent the vapors through the closed-
vent system to the control device.
(B) Tho enclosure may have
permanent or temporary openings-to
allow worker access; passage of
containers through the enclosure by
conveyor of othermechanical 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.
insido 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 ",x "';
requirements of § 265.1088 of this
subpart. . "
(3) An owner or operator transferring
hazardous waste into a container having
a design capacity'greater than 0.46 m3 •
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 snail be maintained in a
dosed, sealed position except for those
operiings 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) Tuba 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 of
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.tp or less . • .
than 15.25 cm from the container
'bottom.
.pi) 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 andoperated in .accordance
with the requirements of § 265.1088 of
thissubpart. . :
(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. . . i
§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. • ., r -.••'.•
(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
1-paragraph "(c) of this section.' .• .
.(2) The closed-vent ^system shall be
.designed and operated in accordance -
with the requirements specified in
:§265.1033(j) of this part.
. .(3) If the closed-vent system contains ;
one 'or more bypass deviceVthat 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 § 265.1033(c);
or , •
(iii) A flare designed and operated in
- accordance with the requirements of
§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)(l) of this section
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"Federal Register / Vol. 59, No.' 233 / Tuesday. December 6. 1994 j/ Rules and Regulations 62947.
-shall operate and maintain the control
. device in accordance with the^following
"••- .jrequirjements;: > '._•-,' "-•'-'."'•''
-_•-. " - (i)rFIollowing the initial startup of the
,. -control device, all activated carbon in
- 3he control device shall be replaced
' with:fresh carbon on a regular basis in
accordance with the requirements of
§2654033(g)or§265.1033(h). .
j.>:^ -(ii) All carbon removed from the /
. ;.„• 'control device shall be managed in
^- accordance with the requirements of
;;;§ 265.1033(1). v : '
(4) An owner or operator-using a
' control device other than a thermal
: vapor incinerator, flare, boiler, process
.• . heaterj condenser,-or carbon adsorption
system to comply with paragraph (c)(l)
of thisjsection shall operate and
.-maintain the'control device in
accordance with the requirements of:
§265.1033(i).
• (5) The owner or operator shall
demonstrate that a control device
achieves the'performarice requirements
of paragraph (c)(l) of this section as
follow?: '
- (i) Afa 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 hi paragraph (c)(5)(iv) of this
section the performance of each control
device iiexcept for the following:
(A) A flare; • (
(B) A ibiler or process heater with a ^
design jheat 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 hasbeen issued a final permit
undergo CFRpart 270 and designs arid
' operates the unit in accordance with the
requirements of 40 CFRpart 266,
subpart H; or . , . -
• (E) Ap boiler or process heater'burning '
hazardous waste for which the owner or'
bperatpr has certified compliance with
the.interim status requirements of 40
CFR part 266, subpart H.
1 (ii) An owner or operator shall
demonstrate the performance of each
.. flare in (accordance with the
requirements specified in § 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
procedure's specified in § 265.1034(c)(l)
. . through (c)(4).
(iv) EOT a design analysis conducted
to meet the requirements of paragraph
(cj(5)(i) I of this section, the design -.,.-.•
analysis shall meet the requirements
specified in § 265.1035(b)(4)(iii).
(v) The owner or operator shall
demonstrate that a carbon adsorption -
system achieves the performance
requirements of paragraph (c)(l) 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, arid
' carbon disposal. T" . •;
• (6) If the owner or operator arid 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'.
§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.'
§ 265.1085 through §265.1088 of this
.subpart. ... .
(b) Each cover Used in accordance
with requirements of § 265.1085 through
§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 § 265,1091 of
this subpart; or
(ii) A tank external floating roof that
is inspected and monitored in
accordance with the requirements of
§265.1091 of this subpart.
(2) If a tank is buried partially or
entirely underground, an owner or
operator is required to perform the coyer
inspection and monitoring requirements
specified in paragraph (f) of this section
only for those portions of the tank cover
arid 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 s
container that meets all requirements
specified in either §265.1087.(b)(i)(ii) or
§2!65,l087(b)(l)(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
frcjm containers" in accordance with the
.'.. requirements of §265.1087(b)(2) of this
sulbpart.
:(c) Each closed-vent systern used in
accordance with the requirements of
§ 265.1088 of this subpart shall be
.inspected and monitored by the owner
or operator in accordance with the
procedure specified in § 265.1033(j). .
(d) Each control device used in
accordance with, the requirements of
§ 2p5.l088 of :this subpart shall be
insipected and monitored by the owner
or operator in accordance with the
procedure specified in §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| facilityjnspection plan required
under 40 CFR 265.15. 1
(f) Inspection and monitoring of a .
coyer in accordance with the . •."
req|uirements of paragraph (b) of this
section shall performed as follows:
(i) The cover and all cover openings
-shaill be initiaUy visually inspected and
monitored for detectable organic •
emissions on or .before the date that the
tank, surface impoundment>-or
container using the cover becomes
.s'ubiject to the provisions of this subpart
and at .other times as requested by the
Regjional Administrator. }
(2) At least once every 6 months .'.-
.following the initial visual inspection
and monitoring.for detectable organic
emissions required under paragraph
{f)(;L) of this section, the owner arid
operator shall visually inspect and,
moMtor.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 * :
.acqprdance with paragraph (f)(5) of this
section;
(iid) 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.
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62948 Federal .Register /Vol. 59, No. 233 / Tuesday. December 6,yl994 / Rules and Regulations
(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 defectlhatmay affect the ability of
the cover or cover opening.to continue
to operate with no detectable_organic
emissions. A visible holet 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 CFRpart 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 n
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Federal Register / Vol. 59, No. 233 / Tuesday, December 6, 1994 T Rules and Regulations 62949
(6) Records for all visual inspections '.
conducted in;accordance with the -•
• requirements of §'265.1089 of this ;
-• .•subpart.,/-. ; .;';'„•'•'-;•.•--u-. -,.... ..--. • ; .•:••'.
- (7) Records for all monitoring for
detectable organic emissions conducted
in accordance with the requirements of
§265.1089 of *his subpart. -
(8) Records of the date of each attempt
to repairs leak,.repair methods-applied,
- and the date .of successful repair. -
; (9") Records for iall continuous .--. .
.monitoring conducted in accordance • •
.with the requirements of § 265.1089 of
this subpart. .-•..,' ,,. .
.(10) Records of the management of - ,
carboti| removed from a carbon .,,. ;
. adsorption system conducted in
accordance with § 265.108S(c)(3)(ii) of
this subpart. • •••,.', . '• -• •
(11) Records for all inspections of
each cover installed on a tank in
accordance with the-requirements of
§ 265.1p85(b)(2) or § 265.1p85(b)(3) .of
;this subpart that includes information as
.listed in §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 § 265.1085 (c) of this subpart
shall record the following information: .
(1) Date.and time each waste sample
is .collected for direct measurement of,
maodmunv.organic vapor pressure in :-.-.,
accordance with §265.1084(c);of this
subpartl .•'.. •'..'-• .
(2) Results of .each determination for
- the maximum organic vapor pressure of
the waste in the tank performed in .. > '•
. accordance with .§265.1084(c) of this
subparti • •_ '•--'•/ .•..'- =-. ,
(3) Records specifying the tank,.;'
. dimensions and design capacity. .."•
• (c) Ari owner or operator electing to
•use air'emission controls for a tank in
accordance with the requirements of
§265.1091 of this subpart shall record
the information required by • '•••' •
§265.109i(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 § 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; tune, and location that each
• waste saimple is collected in accordance
with applicable requirements of
§ 265.1084 of this subpart.
(e) An! owner or operator electing to
comply with requirements in .
accordance with § 265.1083(c)(2)(vi) or
§ 265.1083(c)(2)(v) of this subpart shall
record the identificationinumber for the
incinerator, boiler,'or'industrial furnace
in which the hazardous waste is treated.
(0 An owner or operator designating
' a cover-as unsafe to inspect and monitor
pursuant to § 265.1089(0(5) of this .
subpart or difficult to inspect and
monitor pursuant to §:265.1089(0(6j of
this subpart shall record in a log that is
v 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 '
§265.1089(0(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 o'f
§.265.1089(0(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 (0 of this section except as
.required in paragraphs (a)(l)^thr'ough
(a) (4) of this section shall be maintained
in the operating record for a minimum •
of 3 years. All records required by
paragraphs (a)(l).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, sufapart W, 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 W 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. . •
.§265.1091 Alternative tank emissions
control requirements.
(a) This section applies to owners and
operators of tanks electing to comply
with § 265.1085(b)(2) or (b)(3) of this
subpart. : - •-.'-
(1) The owner or operator electing to
comply with § 265.1085(b)(2) of &is
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
th«! requirements of § 265.1085(d)(l) of
this subpart. The internal floating roof
shall rest or float on the waste surface
. (bift not necessarily in complete contact
wili, 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
"dunng thbse intervals when the tank is
... completely emptied or subsequently
emptied and refilled. When the roof is
resting on the leg supports, the process
of idling, emptying, or refilling shall be
continuous and shall be accomplished
as rapidly as possible.
(liJEach 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: -'-. • .' J' '-..". :' • •
(A) A foam- or liquid-filled seal ...
mo;unted in contact with the waste
(liquid-mounted seal). A liquid: .:
mounted seal means a foam- or liquid-, .
filled seal mounted in contact witii the
waste between the wall of the tank and
the'ifloating roof-continuously around
theicircumference of the tank.
(13) Two seals mounted one above the
other so that.each forms a continuous
closure that completely covers the space
betiveen the wall of the tank and the
edge of the internal floating roof. The '
'lowler seal may be vapor-mounted, but
both shall be continuous.'
(C] A mechanical shoe seal. A _ " '
mechanical shoe sealis a metal sheet
held vertically against the wall of the
tank by springs or weighted levers and
is ciannected by braces to the floating
: rpoi:. A flexible coated fabric (envelope)
spaiis the annular space between the
metal sheet and the floating roof.
(iii) Each opening in a noncontact
internal floating roof except for
automatic bleeder yents (vacuum
breaiker vents) and the rim space vents
is tci provide a projection below the
waste surface. ,
(iy) Each opening in the internal
floating roof except for leg sleeves;
autcimatic bleeder vents, rim space
ven1:s, column wells, ladder wells,
•sample wells, and stub drains is to be •
equipped with a cover or fid 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.
(y) 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 ropf •
leg supports.
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62950 Federal Register 7 Vol. 59, No. 233 / Tuesday, December 6, 1994 / Rules and Regulations
(vi) Rim space vents shall be ,,
equipped with a gasket and "are to be set
to open only when the internal-floating ,
roof is riot floating oral the. ' .,
manufacturer's recommendedsetting.
' (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 ofthe opening.
(viii) Each, penetration of the internal
floating roof that allows for passage of
a column supporting the fixed roof shall
ha ve 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
^coyer. , •
(2) The owner or operator electing to
comply with §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 annulai>
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 arid
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
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 \vhen 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 atthe
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 f-
supports) except duringnnitial 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 §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 CFR60.114b
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 die 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 andjf 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)(lMi)(B) of this section:
(A) Visually inspect die tank as
specified in paragraph (b)(l)(iv) of this
section at least every 5 years; or
(5) Visually inspect the tank as
specified in paragraph (b)(l)(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; me 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)(l)(ii) of
this section, and at intervals no greater
than 5 years in die case, of tanks
specified in paragraph (b)(l)(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)(l)(i) and (b)(l)(iv) of this section to
afford the Regional Administrator the
opportunity to have an observer present.
If the inspection required by paragraph
(b)(l)(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
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Federal Register / Vol. 59, No. 233 / -Tuesday, December 6, 1994 I Rules and Regulations 62951
, .wallofflietankaccordingtpthB
following frequency:'.;•."-•• > :. . .
,(A) Measurements of gaps between
: feedtank wall 'and the primary sea! (seal
gaps) sjiall be performed during the
hydrostatictesting of fee tankor within
•,; 60 days of the initial fill with wasteand
. •_. 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 hereafter, :•/•
(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}(B31 of this section,
(ii) Determine the gap widths and
areas in the primary and secondary seals
individually by the following
procedures:- ;. . " , ._-
(A) Measureseal;gaps,,if any, at one
or more floating roof levels when the
Toof 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 fee wall of the tank and
.measure the circumferential distance of
each sujch location. -; - -. ,
(C) Determine fee 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.theactualdistance.from the "••
• - tank wall to the seal and multiplying
.•each.such.width!byits respective
circumferential distance. . ^
(iii) Add the gap surface area of each .
gap locatioirfor fee 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 fee-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 .
primaryjseal shall not exceed 212 em2
per meter of tank diameter, and the
width of any,,portionx)f anygapshall ,-
notexceed13.81 cm, . .
.(i) One end,of the mechanical shoeis
to extend, into the waste contained in
the tank, and the other end is to extend
a mininijUm vertical distance of 61 cm
±above the waste surface. - . , .
' (2) There axe to be no holes, tears, or
other.openings in the shoe, seal fabric,
orseSlenvelope.• .-• .• . .
(B) The secondary seal is to meet the
^following requirements:
(2) 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 mot exceed 21.2
cm2 per meter of tank diameter, and .the
width of any portion of any gap shall
not exceed i.2.7 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.wifein 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 wilibe emptied as soon as
possible. , •
(vi) Notify the Regional Administrator
- 30 daysrin advance of any gap .
measurements required by paragraph
(b)(2)(i) of this section to afford the :N.
Regional Administrator the opportunity
:-to have an observer present.
'(vii) Visually inspect fee external - :
floating roof, the primary.seal,,
secondary«eal,^and.fittings each time
the vessel is emptied and degassed.
-(A) If the external floating.ioof,has '
-defects, .fee-primary seal has .holes, ;;
-tears, :or other ppenings.in the seal or -
the seal fabric, or the secondary«eal has
holes, tears, or other.openings in the
seal or the seal fabric, the owner or
operator shall repau- the items as
necessary so that none of the conditions
specified in this paragraph exist before
fillhig or refilung 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 priorto refillingT If
. the -inspection requiredby paragraph
ib)(2)(vii) of this section is not planned
and the owneror operator-could not
have known about the' inspection 30
days in advance of refilung the tariki the
owner or operator shall notify,the
Regional Administrator at least 7 days
prior to the refiUing 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.
Cp) Owners and operators who elect to
insjtall and operate the control
equipment in paragraph (a) of this
section shallinclude the following
information in the operating record in'
accordance with the requirements of
§ 2!55.1090{aKD and (a)(ll) of this
suhipart: - •'•'•'
(i) Internal floating roof.
(i) Documentation that describes'the
coultrol equipment design and certifies
that the control equipment meets the
specifications of paragraphs (a)(l) and
(b)(^) of this section.
.(ii) Records of each inspection
performed as required by paragraphs
(b)(l)(i) through (b)(l)(iv) of this section.
• Each .record shall identify the tank on
whilch 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 piaragraph (b)(l)(ii) of this section are '
detected during the nninral visual
inspection required by paragraph
(b)(i)(ii) of this section, the records shall ,
- identify the tank, the nature of the
defects, and the date the tank was
-emptied or ffie nature of and date the'
'repair was made.' "~
-
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62952 Federal 'Register =7 Vol. 59, No. 233 /Tuesday, December 6, 1994 /Rules and Regulations
exceeding the limitations specified by
paragraph (b)(2)(iy) of this section that
identifies the Jfcnk, the date the tank" was
• empUed OP the repairs m'aderand 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. Sectiort 270.4 is amended by
revising paragraphs (a){2),'and (a}(3) and
by adding paragraph (a)(4) to read as •
follows: •
|270.4 Effect ola 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 § 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:
§270.14 Contents of Part B: General
requirements.
* * * * * ;
(b) * * *
(5) A copy of the general inspection
schedule required by § 264.15(b).
Include where applicable, as part of the
inspection schedule, specific -
requirements in §§264.174,245.-193C9,.
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:
• § 270.15 Specific Part B information .
requirements for containers. .
* * * * *
(e) Information-on air emission
control.equipment as required in
§270.27, ; . . ' ~ ••'/• '- • •
, ., 37. Section 270.16 is amended by
adding paragraph (k) to-read as follows:.'
§270.16 Specific Part B information
requirements for tank systems.
•* * * * * . ' •
(k) Information on air emission
control equipment a§ required in
§270.27. ''•'.••••.'
38. Section 270.17 is amended.by
adding paragraph (j) to read as follows:
§270.17 Specific Part B information
requirements for surface Impoundments.
•* _ * * * •*,-.-'
'(j) Information on air emission control
equipment as required in § 270.27.
39. Part 270 subpart B is amended by
adding § 270.2? to read as follows:
§270.27 Specific Part B information
requirements for air emission controls for
tanks, surface Impoundments, and
• containers. - '.' -
(a)"Except as otherwise provided in.
§ 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
§ 264.1084(b)(2) or § 264.1084(b)(3) of
• this chapter thatinchides information
prepared by the owner or operator or
•providedby 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
§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 bythe-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 § 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 • -
§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 § 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 § 265.1086(e) otthis chapter;'
'"'• (5) Documentation for each closed-
vent system and control device installed
in accordance with the requirements of ,
§ 264.1087 of this chapter that includes
design and performance information as .
specified in § 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'GC by the date of
permit issuance, the schedule of; " .
implementation required under
§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: ' •
§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
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- Federal .Register •! Vol. 59,\No.^233 / .Tuesday,-December 6,:.1994 / Jules and Regulations 62953
TABLE I—REGUI=ATIONS IMPLEMENTING THE HAZARDOUS AND SOLID. WASTE AMENDMENTS OF 1984—Continued
"Promulgation date
•Title of regulation
Federal Register reference
. Effective date
{insert date of publication in the Air ; Emission Standards for [Insert Federal Register reference
' ! .Federal Register]. " Tanks, Surface Impoundments, to final rule].
-••-•• :''••' •'•: • -..'•' : '•'.• and Containers. . -: •'.;'. ' ' •
Tjnsert date 180 days after date of
publication in the Federal Reg-
ister]. '
* .* ! * * * -',-.. .chronological order by date !of
•V 42. Section 271.l(j) is amended by publication: • - '• •"'• '
adding th^ following entry to Table 2 in
§271.1
Purpose and scope.
.'.•.*'.'* .-'*',.
* * •_ , ''
'•' TABLED—SELF-IMPLEMENTING PROVISIONS "OF THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984
Effective date
Selfr-implementing provision
RCRA citation
FEDERAL REGISTER reference
.JuneS. 1995
Air Emission Standards for 3004(n)
Tanks, Surface Impoundments,
, and Containers.
'{Insert Federal Register reference
to final rule] •
{ER Doc. 9f-29693 Filed 12-5-94; 8:45 am]
' BILLING.'COD|S 8S60-50-P .
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