Monday
      November 25, 1996
a
'5
      Part II
      Environmental

      Protection Agency

      40 CFR Part 261, et al.
      Organic Air Emission Standards for
      Tanks, Surface Impoundments, and
      Containers; Final kule
                               59931

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  59932   Federal Register /  Vol.  61.  No. 228  / Monday.  November 25., 1996  /  Rules and  Regulations
  ENVIRONMENTAL PROTECTION
  AGENCY

  40 CFR Parts 261, 262, 264, 265, 270,
  and 271
  tlL-64-2-5807; FRL-5634-4]
  RIN 2060-AG44

  Hazardous Waste Treatment, Storage,
  and Disposal Facilities and Hazardous
  Waste Generators; Organic Air
  Emission Standards for Tanks, Surface
  Impoundments, and Containers

 AGENCY: Environmental Protection
 Agency (EPA).
 ACTION: Final rule.	

 SUMMARY: Under the authority of the
 Resource Conservation and Recovery
 Act (RCRA). as amended, the EPA has
 published standards (59 FR 62896,
 December 6,1994) to reduce organic air
 emissions from certain hazardous waste
 management activities to levels that are
 protective of human health and the
 environment. (The standards are known
 colloquially as the "subpart CC"
 standards due to their inclusion hi
 subpart CC of parts 264 and 265 of the
 RCRA subtitle C regulations). These air
 standards apply to certain tanks,
 containers, and surface impoundments
 (including tanks and containers at
 generators' facilities) used to manage
 hazardous waste capable of releasing
 organic waste constituents at levels
 which can harm human health and the
 environment.
   The EPA previously has stayed the
 effective date of those rules
 administratively in order to receive and
 evaluate comments and ultimately to
 revise the rules in an appropriate
 manner. Today's action amends and
 clarifies the regulatory text of the Final
 standards, clarifies certain language in
 the preamble to the final rule, and in
 doing so provides additional options for
 compliance that give owners and
 operators increased flexibility in
 meeting the requirements of the rules
 while still providing sufficient controls
 to be protective of human health and the
 environment. In addition, today's action
suspends the applicability and
 implementation of subpart CC of Parts
 264 and 265 from October 6, 1996. to
 December 6, 1996.
 DATES: These amendments are effective
 October 6. 1996. The applicability and  ,
 implementation of Subpart CC of Parts
264 and 265 is suspended from October
6. 1996. to December 6. 1996.
ADDRESSES: This document is available
on the EPA's Clean-up Information
Bulletin Board (CLU-IN). To access
CLU-IN with a modem of up to 28.800
  baud, dial (301) 589-8366. First time
  users will be asked to input some initial
  registration information. Next, select
  "D" (download) from the main menu.
  Input the file name "RCRAAMEN.ZIP"
  to download this notice. Follow the on-
  line instructions to complete the
  download. More information about the
  download procedure is located in
  Bulletin 104: to read this type "B 104"
  from the main menu. For additional
  help with these instructions, telephone
  the CLU-IN help line at (301) 589-8368.
   Docket. The supporting information
  used for this rulemaking is available  for
  public inspection and copying in the
 RCRA docket The  RCRA docket
  numbers pertaining to this rulemaking
 are F-91-CESP-FFFFF. F-92-CESA-
 FFFFF. F—94-CESF-FFFFF, F-94-
 CE2A-FFFFF,  F-95-CE3A-FFFFF and
 F-96-CE4A-FFFFF. The RCRA docket
 is located at Crystal Gateway, 1235
 Jefferson Davis Highway, First Floor,
 Arlington, Virginia. Hand delivery of
 items and review of docket materials  are
 made at the Virginia address. The public
 must have an appointment to review
 docket materials. Appointments can be
 scheduled by calling the Docket Office
 at (703) 603-9230. The mailing address
 for the RCRA docket office is RCRA
 Information Center  (5305W). U.S.
 Environmental Protection Agency. 401
 M Street SW, Washington. DC 20460.
 FOR FURTHER INFORMATION CONTACT: For
 information concerning applicability,
 permitting, enforcement and rule
 determinations, contact the appropriate
 regional representative:
 Region I:
  Stephen Yee. (617) 565-3550, U.S.
    EPA. Region I, JFK Federal
    Building, Boston; MA 02203-0001
 Region II:
  Abdooljabar, (212) 637-4131, John
    Brogard. 637-4162. Jim Sullivan.
    637-3812, U.S.  EPA, Region II. 290
    Broadway,  New York, NY 10007-
    1866
 Region III:
  Linda Matyskiela.(215) 566-3420,  .
    U.S. EPA. Region HI, 841 Chestnut
    Building. Philadelphia, PA 19107
 Region IV:
  Denise Housley. (4'04) 562-8495, Rick
    Gillam. 562-8498. Judy
    Sophianolpoulos, 562-8604. U.S.
    EPA. Region IV. 345 Courtland
    Street. N.E.. Atlanta. GA 30365
 Region V:
  Charles Slaustas. (312) 886-6190, Ros
    Del Rosario. 886-6195. Uylaine
    McMahan.  886-4454. U.S. EPA.
    Region V, 5AE-26,  77 West Jackson
  "  Street, Chicago.  IL 60604    ,
Region VI:
  Michelle Peace.  (214) 665-7430,
      David McQuiddy, 665-6722. U.S. •
      EPA. Region VI. 1445 Ross Avenue
      Suite 1200, Dallas, TX 75202-2733'
  Region VII:
    Don Liriinger. (913) 551-7724. Ken
      Herstowski. 551-7631. U.S. EPA.
      Region VII. 726 Minnesota Avenue
      Kansas City. KS 66101
  Region VIII:
    MindyMohr, (303) 312-6525, U.S.
      EPA. Region VIII, 999 18th Street.
    '  Suite 500. Denver. CO 80202-2466
  Region K:
    Stacy Braye, (415) 774-2056; Jean
      Daniel, 774-2128, U.S. EPA. Region
      IX, 75 Hawthorne Street. San
      Francisco. CA
  Region X.-
    Linda Liu. (206) 553-1447. David
      Bartus. 553-2804. U.S. EPA. Region
      X. OAQ-107, 1200 Sixth Avenue
     Seattle, WA 98101
   For general information about the
 RCRA Air Rules, or specific rule
 requirements of RCRA rules, please
 contact the RCRA Hotline, toll-free at
 (800) 424-9346. For questions about
 testing or analytical methods mentioned
 in this notice, please contact the
 Emission Measurement Center (MD-19),
 U.S.  Environmental Protection Agency.
 Research Triangle Park, North Carolina
 277.11. telephone (919) 541-,5374. For
 information concerning the analyses
 performed in developing this rule,
 contact Ms. Michele Aston. Emission
 Standards Division (MD-13). U.S.
 Environmental Protection Agency,
 Research Triangle Park. North Carolina
 27711.
   Note: The EPA notes that this published
 preamble differs in two respects from that
 signed by the Administrator on October 4.
 1996.  First, the EPA has altered the wording
 of.theOATES section of the rule to indicate
 that these amendments are suspended
 between the period October 4. 1996. and
 December 6. 1996. The alteration is in the use
 of the  new term, "suspend." The result of
 this alteration is equivalent to that in the
 version of the rule signed October 4. 1996;
 namely, that the final regulations, as
 amended by the action signed October 4.
 1996. take effect on December 6. 1996. The'
 reason for the altered language is essentially
 due to conventions in printing format. The
 EPA has also added an explanation in the
 preamble to clarify that, in revising this
 terminology, the EPA is not altering its intent
 that tine effective date of the regulations will
 be December 6. 1996.
  Second, with respect to the issue of
 whether RCRA subpart AA and BB standards
 apply  to recycling units (i.e.. units
 performing  the actual process of recycling) at
 90-day generator facilities, the October 4.
 1996, preamble did not clearly reflect the text
 of the regulation or the Agency's intention.
The Agency's intent is that recycling units
which  are exempt from RCRA  under 40 CFR
 261.6(c)(l) are not subject to subpart AA and

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           Federal Register / Vol.  61.  No. 228  / Monday,  November 25., 1996 / Rules and  Regulations  5,9933
  BB standards under 4Q CFR part 264 or 265.
  unless some other unit at the facility has to
 , obtain a RCRA permit. In addition. It is the
  Agency's intent that units recycling waste
  that have permit-exempt status by virtue of
  the provisions of 40 CFR 262.34 (the 90-day
  unit provision), but are not exempt under the
  requirement of 40 GFR 261..6(c)(l), are subject
  to the 40 CFR part 265, subpart AA and BB
  standards. The preamble discussion
  contained in the version of this notice signed
  October 4. 1996. did not clearly distinguish
  between these two populations, and thus
  could have easily been interpreted to be
  contrary to this Intent. The EPA has edited
  the preamble text to clearly reflect its Intent.

    The EPA believes that making this
  clarifying change can be done without
  re-proposing the edited preamble
  language. In promulgating the October
  4. 1996. signed amendments, the EPA
  did not voice any intention to deviate
  from previous regulatory actions under
  .this rulemaking that, when applying to
  generator facilities, subpart AA and BB
  requirements cover only 90-day tanks
  and containers (see December 6,1994,
  promulgated rule 59 FR at page 62909;
  final rule Background Information
  Document. EPA-453/R-94-076b. at
  page  7-11: July 22,1991, proposed rule
  at 56 FR at page 33530: proposed rule
  Background Information Document. •
  EPA-450/3-89-023c. at page L-3). For
  this purpose, the EPA does not consider
  a recycling unit which is exempt from
  permitting under 40 CFR 261.6(c)(l) to
  be a 90-day tank or container. Any
  suggestion in the October 1996
  preamble that these recycling units
  would all be covered would have
  expanded the scope of the underlying
  rule, contrary to EPA's stated intent
   The primary reason EPA is correcting
  the preamble language now (as opposed
  to a later Federal Register notice,
  perhaps with a public comment period)
  is to minimize any confusion on this
  issue. The best way to do so is to have
  the Federal Register publication be
 accurate, not to issue a later notice
 correcting and clarifying preamble
 language. The EPA is therefore making
 changes to be incorporated-into this
 Federal Register notice, in an effort to
 correct any potentially confusing
 preamble discussions before
 publication. This revised notice will
 replace the version of the notice signed
 by the Administrator on October 4,
  1996.  which was previously available  '
 on the EPA's CLU-IN electronic bulletin
 board.       ,    • •
 SUPPLEMENTARY INFORMATION:
' Regulated Entities

  The entities potentially affected by   !
 this action include:
   Category
  Industry ..'....
 Federal Gov-
   ernment.
 Examples of regulated entities
Businesses that treat, store, or
  dispose of hazardous waste
  and are subject to RCRA
  subtitle C permitting require-
  ments, or that.accumulate
  hazardous waste on-site in
  RCRA permit-exempt tanks
  or containers pursuant to 40
  CFR 262.34(a).
Federal agencies that treat,
  store, or dispose of hazard-
  ous waste and are subject
  to RCRA subtitle C permit-
  ting requirements, or that
  accumulate hazardous
  waste on-site in RCRA per-
  mit-exempt tanks or contain-
  ers pursuant to 40 CFR
  262.34(a).
   This table is not intended to be
 exhaustive, but rather provides a guide
 for readers regarding entities likely to be
 interested in the amendments to the
 regulation affected by this action. To
 determine whether your facility is
 regulated by this action, you should
 carefully examine the applicability
 criteria in § 264.1080 and § 265.1080 of
 the RCRA suhpart CC air rules. If you
 have questions regarding the
 applicability of this action to a
 particular entity, consult the person
 listed in the preceding
 FOR FURTHER INFORMATION CONTACT
 section.        >
 Background
   Section 3004(n) of RCRA requires
 EPA to .develop standards to control air
 emissions from hazardous waste
 treatment, storage, and disposal
 facilities as may be necessary to protect
 human health and the environment.
 This requirement echoes the general
 requirement in section 3004(a) and
 section 3002(a)(3) to  develop standards
 to control hazardous waste management
 activities as may be necessary to protect
 human health  and the environment. The
 Agency has issued a series of
 regulations to implement the section   .
 3004 (n) mandate; these regulatio ns
 control air emissions from certain
 process vents and equipment leaks (part
 264 and part 265 subparts AA and BB).
 and emissions from certain tanks,
 containers, and surface impoundments
 (the subpart CC standards, which are the
 primary subject of today's action).
 , The EPA is today amending the .final •
subpart AA. BB. and CC  standards.
Since the publication of  the final
subpart CC rule (59 FR 69826. December
 4. 1994). the EPA has published three
Federal Register documents to delay the
effective date of that rule. The first (60
FR 26828. May 19. 1995) revised the
  effective date of the standards to be
  December 6. 1995. The second (60 FR
  56952. November 13. 1995) revised the
  effective date of the standards to be June
  6. 1996. The third (61 FR 28508. June
  5, 1996) further postponed the effective
  date for the rule requirements until
.  October 6, 1996. The EPA has also
  issued an indefinite stay of the  •
  standards specific to units  managing
  wastes produced by certain organic
  peroxide manufacturing processes (60
  FR 50426,  September 29, 1995)
    On August 14.  1995. the  EPA
  published  a Federal Register document
  entitled, "Proposed rule: data
  availability" (60 FR 41870) and opened
  RCRA Docket F-95-CE3A-FFFFF to
  accept comments on revisions that the
  EPA was considering for the final
  subpart CC standards. The EPA
  accepted public comments  on the
  appropriateness of these revisions
  through October 13, 1995. Throughout
  1995 and into the present year, the EPA
  also engaged in repeated discussions
  with representatives of the groups filing
  petitions for review challenging the
  subpart CC standards.
   Sixty-four comment letters were
  received by the EPA in response to the
  August 14,  1995 notice of "Proposed
  rule; data availability." the commenters
  included companies affected by trie
  rules, trade associations, consulting
  companies, and one State
  environmental agency. Most comment
  letters contained multiple comments.
  Comments generally supported the
 proposed amendments although many
 offered specific criticisms and suggested
 changes. The EPA considered all
 comments on the proposed rule
 amendments in developing  the final
 amendments published today.
   In  the August 14. 1995 notice of
 "Proposed rule: data availability." the
 EPA  requested comment on specific
 revisions to the. final subpart CC tank.
 surface impoundment, and container
 standards that the EPA was considering.
 The notice identified those provisions of
 the final rule that the revisions would
 potentially affect which included  the   '
 waste determination procedures, the
 standards (or technical requirements)
 for tanks and containers, and the
 applicability of the final standards to
 units that operate with air emission
 controls in accordance with  certain
 Clean Air Act standards. In addition, it
 was'noted that the revisions would
 reduce the monitoring, inspection.
 recordkeeping. and reporting
 requirements for affected tanks, surface
 impoundments, and containers.
  To  further inform the affected public
of the major clarifications, compliance
options, and technical amendments

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  59934
Federal  Register / Vol. 61. No. 228 / Monday.  November 25. 1996  /  Rules and Regulations
  being considered, the EPA conducted a
  series of seminars during August and
  September of 1995. A total of six
  seminars were held nationally. (Refer to
  EPA RCRA Docket No. F-95-CE3A-
  FFFFF. Item No. F-95-CE3A-S0017.)
  During these seminars, additional
  comments were received on the RCRA
  air rules for tanks, surface
  impoundments, and containers. These
  comments were also considered by the
  EPA in developing these amendments.
    On February 9.1996. the EPA
  published a Federal Register notice (61
  FR 4903), "Final rule: technical
  amendment," which made clarifying
  amendments in the regulatory text of the
  final standards, corrected typographical
  and grammatical errors, and clarified
  certain language in the preamble to the
  final rule to better convey the EPA;s
  original intent
   Today's action amends provisions of
  the final subparts AA. BB,  CC rules to
  better convey the EPA's original intent.
  to provide additional flexibility to
  owners and operators who must comply
  with the rules, and to change the
  effective date of the requirements
 contained in the subpart CC rules. The
 amendments to subparts AA. BB. and
 CC that are being promulgated today are
 discussed below in various sections of
 this preamble. Comments received on
 the proposed amendments and the
 EPA's responses to those comments are
 also discussed together with the changes
 being made by today's action. Some
 commenters submitted comments on
 aspects of the original rule that were
 unaffected by. and not reopened by the
 proposed amendments. These
 comments are outside the scope of the
 rulemaking for the proposed
 amendments and. therefore, these
 comments, although perhaps
 mentioned, are not addressed in this
 rulemaking.
  In today's amendments, certain
 sections of the subpart CC rules are
 reprinted in total: this accounts, in large
 part, for the lengthy amendatory
 language contained in today's
 amendments. Reprinting of entire
 sections of the rule is being done for two
 reasons. First, some sections of the rule
 have been entirely redrafted to improve
 organizational structure and drafting
 clarity and to avoid ambiguity while '
 only making minor revisions to the
 basic control requirements of the  rule.  -.
 Second, in other sections of the rule, the
 technical requirements  have been
 changed significantly or options added
 to increase flexibility for the source
owner or operator. Therefore, to ensure
the rule is implemented as intended and
for the convenience of the public, the
                             EPA decided to reprint these entire
                             sections. In doing so it was not intended
                             to completely'reopen'these entire
                             sections of the rule for judicial review
                            ' or legal challenge. As provided by
                             section 7006(a), judicial review is not
                             newly available for aspects of the
                             subparts AA. BB, and CC rules that were
                             already finalized more than 90 days ago,
                             and which are not substantively
                             addressed by today's amendments.
                               The information presented in this
                             preamble is organized as follows:
                             I. Subpart I—Use and Management of
                                Containers and Subpart J—Tank Systems
                             II. Subpart AA—Air Emission Standards for
                                Process Vents: Standards for closed-Vent
                                Systems and Control Devices
                             ffl. Subpart BB—Air Emission Standards for
                                Equipment Leaks
                             IV. Subpart CC—Air Emission Standards for
                                Tanks. Surface Impoundments, and
                                Containers
                              A. Suspension of Subpart CC Rule
                                Requirements
                              B. Retention of Final Compliance Date
                              C. Applicability         .
                              D. Definitions
                              E. Standards: General
                              F. Waste Determination Procedures
                              C. Standards: Tanks
                              H. Standards: Surface impoundments
                             ' I. Standards: Containers
                              J. Standards: Closed-Vent Systems and
                                Control Devices
                              K. Inspection and Monitoring
                                .Requirements
                              L. Recordkeep'ing and Reporting
                                Requirements
                            .V, Administrative Requirements
                              A/Docket
                              B. Paperwork Reduction Act
                              C. Executive Order 12866 Review
                              D. Regulatory Flexibility Act
                              E. Unfunded Mandates
                            VI. Legal Authority

                            I. Subpart I—Use and Management of
                            Containers and Subpart J—Tank
                            Systems

                              Under the existing RCRA regulations,
                            hazardous waste generators who
                            accumulate waste on-site for iip to 90
                            days in tanks and containers ("90-day
                            tanks and containers" or "90-day
                            units") may permissibly do so without
                            obtaining a storage permit provided the
                            generator complies with certain
                            conditions specified in 40 CFR
                            262.34 (a). The conditions include
                            compliance with the  requirements of 40
                            CFR part 265, subpart I when the waste
                            is accumulated in a container and 40
                            CFR part 265, subpart J when the waste
                            is accumulated in a tank.
                             The subpart CC regulations proposed
                            by the EPA on July 22. 1991 (56 FR
                            33491) contained provisions to amend
                            the conditions with which a hazardous
                            waste generator must comply to exempt
                            90-day tanks and containers from RCRA
  subtitle C permitting requirements.
  namely to comply with standards sec
  out in subparts AA. BB. CC applicable
  to tanks and containers. The EPA took
  comments on this proposed action and
  responded to those comments in (among
  other places) the preamble to the 1994
  final subpart CC regulations. The 1994
  final rules regarding 90-day tanks and
  containers were the same as those
  proposed.

    As noted in Section VI.D of the
  preamble to the 1994 final subpart CC
  RCRA air rules (59 FR 62910, December
  6, 1994), the organic air emissions from
  90-day tanks and containers are
  sufficient to have an adverse and
  significant effect upon human health
  and  the environment and therefore "led
  the EPA to require that these units
  comply with the appropriate air
  emission control requirements of the
  suBpart AA, BB, and CC standards to
  maintain an exemption from
  permitting."

   Commenters requested that EPA
  clarify precisely when 90-day units are
 subject to the subpart AA, BB, and CC
 standards, and, in a related question,
  requested clarification as to when these
 rules would apply to units that are
 engaged in recycling.  With respect to
 when the subpart AA. BB, and CC rules
 apply to 90-day units that are not
 recycling units (for example, tanks or
 containers that store hazardous waste
 before recycling), the EPA intends that
 the subpart AA. BB, or CC standards
 apply so long as the substantive
 applicability provisions of one or more
 of these subparts is satisfied. This
 means, for example, that if the 90-day
 units are receiving hazardous waste
 with organic concentrations of at  least
 10 per cent by weight, the subpart BB
 standards would apply to the associated
 equipment components: on the other
 hand, if the units only receive
 hazardous waste below this
 applicability threshold, the subpart BB .
 requirements would not apply (see
 §265.1050(b)). Similarly, the subpart CC
 air emission control requirements
 would apply to a 90-day tank or
 container if the owner or operator does
 not demonstrate that the hazardous
 waste stored in the unit contains
 average volatile organic concentrations
 below 500 ppmw. It should be noted
 that the fact that one of these subparts
applies does not automatically mean
that the others apply as well. Thus, for
example, if a generator manages
hazardous waste with organic
concentration of 500 ppmw in a tank

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            Federal  Register / Vol. 61. No. 228  /  iMonday,  November 25. 1996  / Rules  and Regulations  59935
   equipped with an open-ended valve, the
   unit would be subject to the subpart CC
 ,  standards (See § 265.1080(a)). This does
   not mean that the open-ended valve is
   also automatically subject to the subpart
   BB standards: rather, the respective
   applicability section of those provisions
   would have to be satisfied before they
   would apply.  '   ,
     The EPA  notes further, however, that
   the applicability of the subpart AA and
   BB standards, prior to publication of the
   final subpart CC rule in December 1994,
   was conditioned on there being another
   unit at the facility otherwise requiring a
   RCRA permit—the notion being that the
   subpart AA and BB rules by themselves
   would not require a facility to obtain a
   RCRA permit (see Section V of the
   preamble in 55 FR 25449, June 21,1990.
   and §§ 265.1030(b)(2) and
   265,1050(b)(2)).' This consideration  •
   does not apply to 90-day,units, since
  • these units are not subject to RCRA
   permitting requirements in any case. In
   addition, the risks posed by these units
   is the same whether or not another unit
   at the plant  has received a RCRA permit;1
   the EPA evaluated and discussed these
   risks when promulgating the December
   1994 final rule and found that
  substantive controls were'necessary to
  protect human health and the
  environment See 59 FR at 62910 and
 . also Appendix L. 90-Day Tanks and
  Container Impacts, in "Hazardous Waste
  TSDF—Background Information for
  Proposed RCRA Air Emission
.  Standards" (EPA-450/3-89-023C). June
  1991. Consequently, sub parts AA and
  BB apply to 90-day tanks and containers
  whether or not another unit at the
  facility has to obtain a RCRA permit
  (assuming the other applicability
  criteria in the rule are satisfied, as
  explained above). For this purpose, the
  EPA does not consider a recycling unit
  which is exempt from permitting under
  40 CFR 261.6(c) to be a 90-day tank or
  container. The EPA is adding clarifying
  language as a part of today's rule
  amendments to make clear that
  applicability of subpartsAA and'BB to
  90-day units  is not conditioned on
  another unit at the generator's facility
  obtaining a RCRA permit.
    With respect to the commenters'
  questions regarding applicability of the
  subpart AA, BB. CCsrules to recycling
  units (i.e.. units actually performing the '•
  recycling function, such as a solvent
  distillation column). EPA notes the
  following principles. The revised
  applicability sections to subparts AA
  and BB  state that units that have permit
  exempt status by virtue of 40 CFR
  262.34.  including recycling units, will
   1 The subpart CC rules are not so conditioned.
  now be subject to subparts AA and BB.
  In practice, the EPA does not believe
 • that this will include  many, if any,
  recycling units. This is because such
  units typically are exempt from RCRA
  permitting by virtue of'40 .CFR
  26.1.61{c)(l). Thus..the net effect o'f these
  amendments, with respect to recycling
  units, is to preserve the status quo of
  regulating those units which are located
  at a facility which must obtain a RCRA
  permit for some other unit.          .
    In addition, subpart CC does not
-  apply to recycling units. Section
  261.6(d), Requirements for recyclable
  materials, for example, does not indicate
  that recycling units must comply with
  the subpart CC provisions. The reason
  these provisions do not apply is that the
 standards are not normally appropriate
  for recycling units handling volatile
  hazardous wastes: rather, the subpart
' AA standards are the appropriate
 standards. The emission mechanisms
 for traditional hazardous waste storage
 tanks (e.g. circular above-ground units
 with open tops or covered open tops)
 differ significantly from the emission
 mechanism of the distillation-type unit
 used for recycling and certain treatment
 operations (e.g. air strippers and thin-
 film evaporators) regulated under
 subpart AA. Recycling units typically
 emit air pollutants through some type of
 process vent, and consequently are
 controlled under the subpart AA
 process vent standards. The
 suppression-type controls (e.g. covers)
 prescribed for traditional storage and
 treatment tanks in subpart CC Simply
 are not suitable for most distillation-
 type units.
   Finally. EPA is slightly amending the
 applicability sections of subparts A A
 and BB to make clear that  these
 standards can apply to non-recycling
 units that are located at either TSDF
 sites or generator accumulation sites,
 assuming that the units otherwise
 satisfy the subpart A A or-BB   •
 applicability requirements. Thus,  for
 example, a steam stripper engaged in
 conventional hazardous waste treatment
at a permitted TSDF could be subject to
 the subpart AA standards.  The risks
posed by the types of units enumerated
 in subparts AA and BB are the same,
whether or not they are recycling or
non-recycling units-, so  any distinction
between them is unfounded. In fact.
today's language merely clarifies the
coverage of the existing subpart A A and
BB rules, since those rules already cover
all units (i.e. recycling and non^  '!
recycling) that are subject to the
permitting requirements of part 270, and
thus covers non-recycling units.
  The following examples  illustrate
these principles.      -  \
    1. Generator A stores volatile spent
  'solvents (F001) in 9"0 day.tanks before
  recycling them-in an on-site distillation
  column. The facility has one other unit
  requiring a RCRA permit. The volatile
  organic concentration of the waste
  exceeds the subpart AA, SB and CC;
  applicability thresholds.
    in this case, the 90-day storage tanks
 , and associated equipment components
  are subject to the subpart BB and
  subpart CC standards, since the
  substantive applicability standards of
  both subparts are satisfied.  Subpart AA
  does not apply to the spent solvent
  storage tanks (assuming the tanks are
  not distillation, fractionation. thin-film
  evaporation or other type of unit set our
  in § 265.1030(b), the subpart AA
  applicability section). The distillation
  column (and its associated equipment)
  is subject to the subpart A A and BB
  standards, but not the subpart CC
  standards since subpart CC  does not
  apply to recycling units.
   2. Same facts as Example  1 except that
  the waste contains less than 10 percent
  total organics and greater than 500
  ppmw volatile organics.
   In this case, the spent solvent storage
 tank is subject to the subpart CC
 standards but the associated equipment
 components are not subject .to the ,
 subpart BB standards (since subpart BB
 does not apply to hazardous wastes with
 less than 10 percent total organic
 content). The distillation column is
 subject to the subpart AA standards for
 the reasons explained in Example 1.
 This example illustrates that
 applicability of one of the subparts (A A,
 BB,-or CC) does  not automatically mean
 that the standards from the other
 subparts also apply. The substantive
 applicability provisions of each subpart
 still must be satisfied.'

 H. Subpart AA—Air Emission
 Standards for Process Vents: Standards
 for Closed-Vent Systems and Control
 Devices                        "- '   '
  • On the subject of closed-vent systems
 and control devices, corhmenters
 requested a provision for control device
 downtime to allow for preventive,
 routine, or non-routine maintenance: an '
 exemption for control devices subject to
 95 percent efficiency requirements in'
 other rules from  performance test and
 design analysis requirements: an  ..
 exemption from  monitoring  ,
 requirements for closed-vent system
 components that operate under negative
 pressure: a revision such that only spent
carbon removed  from a carbon
adsorption system that is a hazardous
waste must be managed in accordance,  . ;,
with subpart .CC  requirements: arid a
reduction in the closed-vent system and

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   59936
Federal  Register / Vol. 61. No. 228 / Monday. November 25. 1996 / Rules and Regulations
   control device inspection and
   monitoring requirements.
    The EPA has decided to amend
   certain of the control device and closed-
   vent system standards of subpart AA in
   40 CFR parts 264 and 265 so that these
   requirements are consistent and up-to-
   date with the general decisions the EPA
   has made regarding inspection..
   monitoring, maintenance, repair,
   malfunctions, recordkeeping, and
  reporting requirements for organic air
  emission control devices and associated
  closed-vent systems installed and
  operated to meet requirements of other
  regulations under the Clean Air Act or
  RCRA (e.g.. National Emission
  Standards for Hazardous Air Pollutants:
  Off-Site Waste and Recovery
  Operations, 61 FR 34140, July 1,1996):
  These revisions are both consistent with
  the integration provisions of RCRA
  Section L006(b), which require that
  RCRA standards be consistent and not
  duplicative of Clean Air Act standards.
  and also are a  part of the EPA's overall
  approach of allowing unit-specific Clean
  Air Ac$ standards to be used in lieu of
  control requirements under RCRA
  subpart CC. (See §265.1080(b)(7) in
  today's amended rule.) The changes to
  the control device and closed-vent
 system standards in no way affect the
  overall performance or emission
  reductions achieved by the control
  devices and closed-vent systems.
 Therefore, the revised standards are
 considered by the EPA to be equally
 protective to those already adopted, and
 thus adequate to protect human health
 and the environment. The revisions to
 the standards for closed-vent systems
 and control devices in subpart AA of 40
 CFR parts 265 and 264 include the
 changes described below.
   The monitoring requirement for a
 condenser in § 264.1033(f)(2)'(vi)(B) and
 §265.1033(f)(2)(vi)(B) is being revised
 such that only the temperature of the
 exhaust vent stream from the condenser
 exit must be continuously monitored:
 the requirement to monitor trie coolant
 fluid temperature exiting the condenser
 is being dropped. This  revision reduces
 the owner's or operator's monitoring
 and recordkeeping burden while
 maintaining the EPA's ability to ensure
 that the emission control equipment is
 properly operated and maintained to
 achieve the required emission
 reduction.
  The closed-vent system requirements*
 in §264.1033 and § 265.1033 are being
 revised such that a closed-vent system
 that is designed to operate at a pressure
 below atmospheric pressure is not
 required to be monitored by Method 21
 procedures either initially or annually.
For these negative pressure systems, an
                             initial visual inspection and annual
                             follow-on inspection is required; in
                             addition, a pressure'gauge or other
                             pressure measurement device is
                             required to verify that negative pressure
                             is maintained in the closed-vent system
                             when the control device is operating. As
                             noted in section 10 of the preamble to
                             the earlier subpart CC rule clarifications
                             (61 FR 4910. February 9. 1996). "the
                             EPA had intended to  not require annual
                             monitoring of closed-vent system
                             components  which operate under
                             pressure such that all emissions are
                             routed to a control device even if a leak.
                             or hole exists in the component. A
                             component that continuously operates
                             under negative  pressure would satisfy
                             this intent *  *  *" In today's action, the
                             EPA is removing the requirement for the
                             initial leak detection monitoring for
                             negative pressure systems: this change
                             reduces owner or operator burden
                             resulting from any redundant or non-
                             productive monitoring.
                               Unsafe-to-monitor and delay of repair
                             provisions for closed-vent systems are
                             being added.  Corresponding
                             recordkeeping requirements also are
                             being added. This common sense
                             change is made  to avoid creating any
                             unsafe conditions as a result of the
                             monitoring requirements of subpart AA,
                            §264.1033 and §265.1033..This revision
                            adds the same type of unsafe-to-monitor
                            and delay of repair provisions that are
                            contained for  pumps and valves in the
                            subpart BB^-Air Emission Standards for
                            Equipment Leaks as well as in other
                            equipment leak standards promulgated
                            under the Clean Air Act.
                              On April 23, 1996, the EPA published
                            a notice of data availability (61 FR
                            17863) addressing the narrow issue of
                            whether "Other Thermal Treatment
                            Facilities" subject to regulation under
                            subpart P of part 265 (40 CFR 265.370
                            through 265.383) are eligible to receive
                            for regeneration spent activated carbon
                            which is a hazardous waste'. In the
                            December 6, 1994 final subpart CC
                            standards (59 FR 62896), the EPA
                            established a requirement that spent
                            activated carbon removed from a control
                            device had to be  managed at particular
                            types of facilities, namely regulated
                           .boilers or  industrial furnaces, or
                            "thermal treatment units that (are)
                            permitted under subpart X of 40 CFR
                            part 264 or subpart P of (part 265)." See
                            40 CFR 265.1033(1)0) as promulgated at
                            59 FR 62935 (December 6. 1994). A
                            parallel requirement was contained in
                            40 CFR 264.1033(m). but no reference to
                           subpart P was included (59 FR 62927).
                           In the February 9. 1996 technical
                           correction notice, the EPA amended
                           these provisions to clarify that they
                           apply only to activated  carbon which is
   a hazardous waste, and that interim
   status boilers and industrial furnaces
   which had certified compliance and
  'interim status incinerators could treat
 = such activated carbon. (See 61 FR 4910
   4911, and 4913.) In doing so, the EPA
  removed the reference to subpart P    :
  facilities in §265.1033fl)(l), thus
  removing such facilities from eligibility
  to receive hazardous waste spent
  activated carbon.
    As a pan of today's amendments, EPA
  is restoring the eligibility of subpart P
  facilities to treat hazardous waste spent
  activated carbon. So long as the
  hazardous waste spent activated carbon
  is managed safely by such facil tties.
  there is no automatic reason to preclude
  such facilities' eligibility to manage the
  spent carbon. However, because the
  subpart P standards do not contain
  substantive air emission control
  provisions that assure that any
  hazardous organic constituents
  desorbed from the carbon are adequately
 controlled rather than  emitted to the
 atmosphere during regeneration or other
 treatment, the EPA is requiring that
 units receiving such hazardous wastes
 meet the control requirements of the
 subpart CC rules or are units which are
 subject to emission control requirements
 under 40 CFR part 61 or part 63. With
 respect to this last point, this means that
 the actual unit must meet a part 61 or
 63 control standard for hazardous air
 pollutants. If the standard is no control
 or if compliance with the standard is
 determined on a plant-wide (viz.
 averaging among units) basis, then it
 could not be used in place of the
 subpart CC standards.
   It should be noted that the EPA is
 imposing this requirement regardless of
 the organic content of the carbon being
 regenerated, so long as  the activated
 carbon is a hazardous waste. This is
 because the purpose of the carbon is to
 capture organic emissions, and it is the
 Agency's judgment that in light of this
 purpose, the carbon will be saturated
 with organics which would need to be
 captured or destroyed and not released
 indiscriminately during the regeneration
 process (see 56 FR 7200. February 21
 1991).                       J
  Finally, in order to assure maximum
 flexibility for protective compliance, the
 EPA is adding  that permitted facilities
 (i.e.. Part 264 facilities)  complying with  •
 either the subpart CC standards, or a
 part 61 or 63 Clean Air Act standard, are
 also eligible to  receive spent carbon
 (which is a hazardous waste) for
 regeneration. Such  facilities certainly
 would be operating protectively and so
should be  eligible to receive spent
carbon. The EPA notes,  however, that
this provision may be redundant in light

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Federal/Register  / Vol. 61. No. 228 / Monday.  November 25.  1996 7  Rules and  Regulations  59937
  of the provision in the existing rule
  stating that units which have received a
  subpart X permit are eligible to receive
  such activated carbon
 . (§ 265.1033(m) (1) (i)),- but commenters
  indicated a preference for this
  clarification of eligibility. In order that
  there be no confusion, the EPA is
  adding it  to the final rule.

  III. Subpart BB—Air Emission
  Standards for Equipment Leaks
    Commenters requested that the EPA  '
  incorporate into the subpart BB
  standards recent changes that have been
  made to other national standards that
  require equipment leak detection and
  repair programs. In response, revisions
  to the emission standards for equipment
  leaks consist of incorporating changes to
  the requirements so that the subpart BB
  requirements in parts 264 and 265 are
 consistent and up-to-date with the
 general decisions the EPA has made
 regarding  leak detection and repair
 program requirements for organic air
 emission control in other regulations
 under the  Clean Air Act (e.g.. National
 Emission Standards for Hazardous Air
 Pollutants (NESHAP): Off-Site Waste   •
 and Recovery Operations. 61 FR 34140,
 July 1. 1996, or the National Emission
 Standards  for Organic Hazardous Air-
 Pollutants for Equipment Leaks, 40 CFR
 part 63. subpart H. 59 FR 19402, April
 22, 1994. i.e., the HON). These revisions
 are consistent with the integration
 provisions of RCRA Section  1006(b)
 which require that RCRA standards be
 consistent  and not duplicative of Clean
 Air Act Standards and are a part of the
 EP A's overall approach of allowing
 Clean Air Act standards to be used in
 lieu of control requirements under
 RCRA TSDF air rules. The changes to
 the subpart BB equipment leak ,
 standards in no way affect the overall
 performance or emission reductions
 achieved. Therefore, the revised
 standards are considered by the EPA to
 be equally protective as those being
 replaced. The revisions to the standards
 for equipment leaks in subpart BB of 40
 CFR parts 265 and 264 include the
 changes described below.
  The applicability provisions of
 subpart BB  (§264.1050 and §265.1050)
 are revised  to exclude equipment that •
 contains or contacts affected hazardous
 waste for a  period of less than 300 hours
 per calendar year from the equipment
 leak control requirements. This change
 parallels the applicability provisions in
 the Hazardous Organic National
 Emission Standard for Hazardous Air
 Pollutants ("HON"). (Supporting
 information for this decision is
contained in the CAA docket  A-90-20,
 item II-B-5.)
    The sampling connection system .
  requirements of subpart BB are being
  revised consistent with the HON such
  that gases displaced during filling of the
  sample container are not required to be
  collected or captured. In the context of
  the HON. EPA explained that it was not
  necessary to require control of those
  vapors. Also, the requirement for no
  detectable emissions to the atmosphere
  during return of the purged hazardous
  waste stream to the  hazardous waste
  management process line, or during
  collection and recycling of the purged
  hazardous waste, is  being eliminated.  .
  Upon further review, the EPA has
  determined that the emissions from
  these extremely small amounts of
  hazardous waste can be adequately
  controlled if the owner or operator
  stores the sample waste in a covered
  container, and ensures it is treated or
  disposed in a manner consistent with
  the requirements for the waste stream
  from which it was extracted.
   Under today's amendments, any
  connector that is inaccessible or is
  ceramic or ceramic-lined is exempt from
  the monitoring and recordkeeping
  requirements of subpart.BB as  is the
 case in recent EPA.rules such as the
: HON. (See Section VI. C of the HON
 preamble for further discussion
 regarding the rationale for these changes
 to EPA's equipment leak standards. 59
 FR 19445. April. 22.1994)

 IV. Subpart CC—Air Emission
 Standards for Tanks, Surface
 Impoundments, arid  Containers
 A. Suspension of Subpart CCRule
 Requirements
  Today's rule is being signed on
 October 4,1996, and  the substantive
 requirements of the rule take effect on
 December 6, 1996. The EPA is clarifying
 here that, for all practical purposes,
 December 6, 1996. is  the effective date
of the rule. The EPA is further clarifying
that the December 6,  1994, rule, which
was stayed until October 6, 1996. is not
taking effect during the two months
between October 6. 1996, and December
6. 1996, the reason being that it is
superseded by these October 4.  1996.
amendments.        •
  To accomplish this result, the EPA is
indicating (in the DATES block of this
Federal Register document), that the
applicability and implementation of
Subpart CC of Parts 264 and 265 is
suspended until December 6. 1996. The
result,  as just stated, is that: (1) The
December 1994 rules are replaced by the
amended rules as of October 4. 1996;    •
and (2) members of the regulated
community are not subject to any of the
requirements in the October 4.  1996,
                                                                    amended rule between October 4. 1996
                                                                    and December 6, 1996.
                                                                     The EPA specified in the 1994 final
                                                                    rule a schedule that established the
                                                                    compliance dates by which different
                                                                  ,  requirements of the final rule must be ,
                                                                    met. These requirements and
                                                                    compliance dates (all of which are
                                                                    December 6, 1996. or later) are
                                                                    explained further in the final, rule (59
                                                                    FR 62896. December 6. 1994) under
                                                                    SUPPLEMENTARY INFORMATION. Todays
                                                                    amendments do not change the dates by
                                                                    which compliance with all the
                                                                    requirements must be achieved. Thus
                                                                   all compliance dates for the final rule,'
                                                                   as amended today, remain as published
                                                                  .in the 1994 final rule (59 FR 62896)
                                                                     Given that the EPA is amending the
                                                                   rule in ways that would increase
                                                                   compliance flexibility and reduce
                                                                   certain regulatory requirements (and in
                                                                   no cases would increase the stringency
                                                                  of the standards or eliminate a
                                                                  previously existing compliance option),
                                                                  the EPA considers it appropriate to
                                                                  suspend  the requirements that became
                                                                  effective October 6.  1996, for two
                                                                  months to December 6. 1996. By
                                                                  Decembers. 1996. affected sources will
                                                                  have had ample time to make any
                                                                  necessary alterations to their
                                                                  compliance plans in response to today's
                                                                  amendments. Affected sources have
                                                                  been on notice of the final regulations
                                                                  since they were published in December
                                                                  1994. The EPA expects that by early
                                                                  1995. most facilities had begun
                                                                  preparing their implementation
                                                                  strategies and planning for any
                                                                  necessary equipment modifications, in
                                                                  anticipation of the originally scheduled
                                                                  implementation date of June 6.1995.
                                                                  Thus, the EPA considers a two-month  '
                                                                  suspension to provide sufficient time for
                                                                  affected facilities to become-familiar
                                                                  with the revised requirements contained
                                                                  in the amended standards, and to make  .-
                                                                  any necessary revisions to their
                                                                  implementation strategies.

                                                                  B. Retention of Final Compliance Date
                                                                    The December 6. 1994 published rule
                                                                  set a final compliance date of December
                                                                  8. 1997, by which time all required air
                                                                  emission control equipment must be
                                                                  operating  (59 FR 62897). The EPA does
                                                                  not believe that suspending the rule
                                                                  requirements necessitates any
                                                                  postponement of the  December 8. 1997    •
                                                                  compliance date. The final compliance
                                                                  date was chosen to allow time for
                                                                  facility modifications that may be
                                                                  involved in the compliance approach of
                                                                  certain facilities. The EPA believes that,
                                                                  for many air emission control
                                                                  applications, the required control
                                                                  devices  can be installed and in
                                                                  operation within several months.

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    59938   Federal Register / Vol. 61. No.  228 /Monday,  November 25.  1996  /  Rules and  Regulations
    However, the EPA agrees that under
    some circumstances, the owner's or
    operator's approach to complying with
    the air emission control requirements
    under the subpart CC standards may
    involve a major design and construction
    project which requires a longer time to
    complete. In recognition of these cases.
    the EPA decided that it is reasonable to
    allow up to December 8, 1997, for
    affected facilities to install and begin
    operation of air emission controls
   required by the subpart CC standards
    (See Hazardous Waste TSDF
   Background Information Document for
   Promulgated Organic Air Emission
   Standards, EPA-453/R-94-076b. page
   9-7).                            6
     The final rule requirements that may
   necessitate a major modification, as
   described above, for tanks are
   paragraphs (b) through (d) of 40 CFR
   264.1084 and 265.1085. These
   paragraphs specify air emission control
   equipment that must be operated on
   tanks receiving affected hazardous
   waste. Similarly, the requirements that
   may necessitate such a major
   modification for surface impoundments
   are paragraphs (b) through (e) of 40 CFR
   264.1085 and 265.1086. These
   paragraphs specify air emission control
,   equipment that must be operated on
  surface impoundments receiving
  affected hazardous waste. To comply
  with these requirements for tanks and
  surface impoundments, facilities may
  choose to construct new hazardous
  waste management units to replace
  existing units, or may choose to modify
  existing hazardous waste management
  units. Examples of facility equipment
  modifications that could require an
  extended period of compliance would
  be replacing a large open surface
  impoundment with a series of covered
  tanks, or fitting an existing open tank
  with a fixed roof vented to a control
  device. The EPA recognizes that such
  major modifications or new
  construction can require several months
  or more, and therefore allows until
  December 8, 1997.  for facilities to
  comply with the air emission control
  requirements of the final subpart CC
  standards,
    In addition, certain States may require
  that a facility obtain a permit
  modification prior to performing a major
  modification such as those described
 above. The EPA recognizes that such a
  permit modification can be a lengthy
  process, and therefore felt it was
 appropriate to afford an extended
 compliance period  to allow such
 modifications to be obtained (59 FR
 62919). The EPA does not expect that
 such a lengthy period of
' implementation would be required in
   circumstances other than those
   described above, although § 264.1082(c)
   allows that such a.period is available if,
   necessary.
    The final rule provisions that justified
   a compliance date of December 8, 1997,
   are not among those that are affected by
   the revisions being made under today's
   action. Specifically, the EPA is not
   considering either a broader
   applicability or more stringent control
   requirements for covers and air
  emission controls on tanks and surface
  impoundments. All affected facilities
  thus have been on notice of the final
  rule air emission control requirements
  for these units since the final CC rule
 .publication on December 6, 1994.
  Therefore, the EPA does not consider it
  appropriate to postpone the compliance
  date of December 8,1997, by which all
  required air emission control equipment
  must be operating.
    It should be noted that the Regional
  Administrator may elect to extend the
  implementation date for control
  equipment at a facility, on a case by case
  basis, to a date later than December 8,
  1997, when special circumstances that
  are beyond the facility owner's or
  operator's control delay installation or
 operation of control equipment and the
 owner  or operator has made all
 reasonable and prudent attempts to
 comply with the requirements of the
 subpart CC rules (see § 265.1082).
 C. Applicability             .
   Numerous comments were received
 concerning overlap between the RCRA
 subpart CC rules and Clean Air Act
 NESHAP, particularly the HON. Most
 commenters argued that subpart CC
 requirements should not apply to units,
 either 90-day generators or TSDF,
 meeting Clean Air Act control
 requirements, including units meeting
 standards through emissions averaging.
   The EPA fully recognizes that in
 developing air standards to meet
 congressional directives established by
 provisions in the Clean Air Act and
 Resource Conservation and Recovery
 Act. the potential  exists for regulatory
 overlap. However, it is the EPA's
 intention to minimize, if not eliminate.
 regulatory overlap to the extent that the
 Agency is allowed under the different
 legislative acts. Section 1006(b) of RCRA
 indeed requires that the air standards be
 consistent with and not duplicative of
 Clean Air Act standards. Similarly, the
 Clean Air Act voices a strong preference
 for consistency of  CAA section 112
standards and RCRA standards where
 practicable (see section 112(n)(7)).
  The EPA  is aware that at some sites
managing hazardous wastes, the owner
or operator of the hazardous waste
   treatment, storage, and disposal facility
   could be subject to the RCRA air rules
   under subparts AA. BB, and CC and also
   subject to a Clean Air Act NESHAP
   standard such as the Off-Site Waste rule
   or the HON. At a'particular TSDF. some
   waste management units may be
   required to use air emission controls
   under one or the other, but not both  a
   Clean Air Act NESHAP and the RCRA
   air rules. However, some other waste
   management units could be subject to
   using air emission controls to comply
   with both sets of rules. It is unnecessary
   for owners and operators of those waste
   management units subject to air
  standards under both sets of rules to
  perform duplicative testing and
  monitoring, keep duplicative sets of
  records, or perform other duplicative
  actions.
    In Section VI.A, Development of Air
  Standards Under RCRA. of the preamble
  to the final rule (59.FR 62906, December
  6, 1994), the EPA discussed the
  potential for duplication between the
  RCRA-air rules and various rules being
  developed under the Clean Air Act
  maximum achievable control
  technology (MACT) program but noted
  that the air standards developed under
  RCRA section 3004(n) did not duplicate
  or contradict existing NESHAP or new
  source performance standards (NSPS).
  As the MACT program has matured and
  additional standards have been
  developed, the EPA is now aware that
  the possibility for overlap is greater than
  was originally thought.
   The EPA has decided that the best
 way to eliminate any regulatory overlap
 is to amend the RCRA rules to exempt
 unite that are using air emission
 controls in accordance with the
 requirements of applicable Clean Air
 Act NESHAP or. NSPS regulations.
 Therefore,  the subpart CC applicability
 is amended to exempt any hazardous
 waste management unit that the owner
 or operator certifies is equipped with
 and operating air emission controls in
 accordance with an applicable Clean Air
 Act regulation codified under 40 CFR
 part 60, part 61, or part 63. with the sole
 exception of tanks,being controlled
 through the use of an enclosure rather
 than a cover. (The EPA's rationale for
 placing additional conditions on that
 control  approach is explained in detail.
 in sections  E and G of this preamble.)
 Providing this exemption eliminates the
 possibility of duplicative or conflicting
 requirements for those TSDF tanks.
surface impoundments, or containers
 using organic emission controls in
compliance with a NESHAP but also
subject to requirements under the RCRA.
standards. It is important to note that
this exemption only applies to those

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             Federal' Register / Vol.  61. No.  228  / Monday.  November 25.  1996  /  Rules and Regulations
                                                                             59939
  'units using organic air emission
   controls. This .seems' to EPA to be the
   best way to assure that air emissions
   from hazardous waste,management
   units are controlled to the extent
   necessary to protect human health and
   the .environment. A unit that does riot
   use the required air emission controls
   but Is in compliance with a NESHAP
   through an "emission averaging" or
   "bubbling" provision does not qualify
   for the exemption since EPA lacks
   assurance that emissions  from the unit
   are controlled to the extent necessary to
   protect human health and the
   environment.2
     Similarly, if the Clean Air Act
  standard for the  particular unit is no
  control (for example, because the MACT
  floor for the source category is no
  control and the Agency decided not to
  apply controls more stringent than the
  floor), the exemption from the RCRA
  standards would not apply since  the
  unit would not actually be controlled
  under provisions of the MACT standard.
 : Again, as stated above, the EPA believes
  the best way to assure protectiveness in
  this national rule is to require controls
  on each particular unit.
    Section 3004(n) of RCRA. of course,
  requires that EPA control emissions
  from (among other things)  tanks, surface
  impoundments, and containers as may
  be necessary to protect human health
  and the environment. Some of the Clean
  Air Act standards, in contrast, are
  technology-based controls
  implementing the provisions of section
  112 (d) of the .Clean Air Act The EPA,
  however, has found that under some
 circumstances a technology-based
 standard may satisfy the RCRA
 protectiveness requirement by
 adequately controlling air emissions and
 thus adequately controlling risk or
 controlling risk sufficiently that the
   1EPA believes It Is both reasonable and legally
 permissible to interpret section 3004(n) to apply to
 specific waste management units. Section 3004 (n)
 addresses specific unit types ("open tanks, surface
 Impoundments, and landfills"), and the overarching
 requirement to control air emissions at hazardous
 waste management ••facilities" can reasonably be
 construed as applying to Individual units. See  ^
 Mobil OH Corp. v. EPA. 871 F. 2d 149. 152-54 (D.C
 Clr. 1989). On the other hand, "facilities" might
 also be construed to apply to an entire plant. Id. at
 153. Consequently. EPA Is not Indicating by the
 discussion In the text that an averaging approach
 Is legally foreclosed. Certain types of site-specific
 demonstrations, for example, might Indicate the
 appropriateness of an averaging approach to
 demonstrating that air emissions from hazardous
 waste management are sufficiently controlled. In
 such a situation. EPA could interpret the term
 "facility" as applying to an entire plant. What EPA
 is finding in thls.rule is that for this national rule
 (i.e.. in the absence of potential case-specific
demonstrations), the best way of assuring that
emissions from liazardous waste tanks, containers.
and impoundments are sufficiently controlled is to
require control of each particular unit.
   Clean Air Act section 112(0 residual
   risk process need not be interdicted. See
   60 FR at 32593 (June 23, 1995), the
   preamble for final MACT standards for
   the secondary lead source category, and
   61 FR at 17369-370  (April 19, 1996), the
   preamble for proposed MACT standards
   for hazardous waste combustion units.
     The EPA is finding here that where
   there are.MACT air emission control
   requirements for a specific unit
   otherwise covered by subpart CC. the
   MACT requires the same technical air
   emission controls as would be required
   under subpart CC. Thus, it follows that
   compliance with the MACT
   requirements would  thus afford equal
 , protectiveness as would be achieved
   under subpart CC, and therefore can be
   considered to satisfy the RCRA
   protectiveness requirements. This is a
 .conscious effort on the Agency's part to
  provide consistency of requirements
  where at all possible  in its rulemakings.3
    The technical requirements for the
 , RCRA air rules in subpart CC as
  amended are essentially the same as
  those published by the EPA under the
  MACT program (e.g.,  those in subparts
  OO. PP. and QQ of part 63). A unit
 controlled under one  or the other set of
   requirements would achieve the same  •
   emission reduction and performance
   level: and the various requirements thus
   provide the same level of protection.
   D. Definitions

     Definitions are being added for
   closure device, continuous seal,
   enclosure, hard-piping, in light material
   service, malfunction, metallic shoe seal
   no detectable organic emissions.'safety
   device, and single-seal system and other
   definitions are being revised consistent
   with their use in the amended
   regulation. These amended or added
   definitions do not directly affect the   '
   substance of the subpart CC .standards
   but rather, serve to clarify the 1994 final
   provisions, or today's amended
   provisions, of the final regulations.
   £ Standards: General
   1 For example. EPA. In promulgating the final
 requirements for the Off-Site Waste and Recovery
 Operations NESHAP (61 FR 34147. July 1. 1996).
 added a series of new subparts to 40 CFR1 part 63.
 These subparts Included Subpart OO—National
 Emission Standards for Tanks - Level 1. Subpart
 PP—National Emission Standards for Containers.
 Subpart QQ—National Emission Standards for
 Surface Impoundments, Subpan RR—National
 Emission Standards for Individual Drain Systems.
 and Subpart W—National Emission Standards for
 OU-Water Separators and Organic-Water Separators.
 These standards are essentially Identical to the
 requirements for tanks, containers, and
 impoundments found In the RCRA subpart CC rule
 under discussion In this notice.
   The EPA set out at length In the Off-Site Waste
 rule preamble (59 FR 62908) the Agency's goal as
 to integration of these various air standards, "the
 EPA decided to promulgate the air emission control
 requ Irements for selected types of units In
 individual subparts for ease of reference.
 administrative convenience, and as a step towards
 assuring consistency of the air emission control
 requirements applied to similar types of units under
 different rules. The EPA believes adopting the
 format of codifying the air emission control
 requirements for specific unit types in individual
' subparts will provide significant advantages to both
 regulated Industries and to the Agency."
  "A major advantage for using the unit-specific
 subpart format for NESHAP and other air rules Is
 for those situations when more than one rule
 applies to a particular source (e.g.. a tank) and each
 of these rules requires use of air emission controls
 on that source .(e.g.. a fixed roof). By establishing
 unit-specific subparts. all of the rules will reference
 a common set of design, operating, testing.
 inspection, monitoring, repair, recordkeeplng. and .
reporting requirements for air emission controls.
This eliminates the potential for dupllcative or
conflicting air emission controUequlrements being
placed on the unit by the different rules, and
assures consistency of.the air emission control
requirements applied to  the same types of units."
  1. Action Level

    Several major changes are being made
  to the general standards for the final
  subpart CC rule. First, the average VO
  concentration action level for hazardous
  waste required to be managed in the
  units using air emission controls under
  the rule is being changed to 500 ppmw
  (as determined at the point of waste
  origination). Units managing hazardous
  wastes determined by the owner or
  operator to have average VO
  concentrations that remain less than 500
  ppmw are not required to use air
  emission controls under .the rule.
   The EPA considered a range of
  possible values to establish the VO
..concentration limit for the Subpart CC
  RCRA air rules. The EPA proposed a VO
  concentration value of 500 ppmw to be
  used as the action level for the rule  (56
 FR 3349I.July 22. 1991) and
 promulgated an action  level of 100
 ppmw in the 1994 final subpart CC rule
 (59 FR 62897). However, in
 promulgating this value, the EPA
 acknowledged that some hazardous
 waste management units subject to the
 subpart CC RCRA air rules could be
 subject to other Clean Air Act NESHAP
 and NSPS with differing action  levels
 (59 FR 62903. 62906. and 62907).
  The EPA received comments in
 response to the August  14. 1995 Federal
 Register notice, stating that the  100
 ppmw VO concentration action level'
 promulgated by the EPA for the subpart   •
 CC RCRA air rules is inappropriate (e.g..
 the action level cannot be justified on
 the basis of risk and the action level  is
 too close to the detection limit of
 method 25D: this results in numerous
waste determination errors such as false
positives) and is  inconsistent with other
applicable Clean Air  Act NSPS and
NESHAP (i.e.  the Off-Site  Waste rule

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  59940  Federal Register / Vol. .61. No.  228 /'Monday. November  25.  1996 / Rules and  Regulations
  the HON. and the proposed new source
  performance standard (NSPS) for
  volatile organic compound emissions
  From the synthetic organic chemical
  manufacturing industry wastewater (59
  FR 46780. September 12. 1994). all
  apply to wastes and/or wastewaters and
  all have higher action levels). The
  commenters recommended that the EPA
  select a higher action level of 500 ppmw
  for the rule, consistent with the above
  noted Clean Air Act rules.
    The EPA considered the comments
  received regarding the action level.
  other revisions being considered for the
  final subpart CC RCRA air rules, and
  changes that the EPA anticipates making
  for other waste and wastewater related
  rules. The EPA concluded that a
  reexamination of the action level
  determination was appropriate. Based
  on consideration of the information.
  available to the Agency regarding
  emissions from hazardous waste
  management TSDF operations, the EPA
  has concluded that an average VO
  concentration value of 500 ppmw is
  reasonable and accomplishes an
  adequate general level of protection, as
  compared with the 100 ppmw action
  level of the 1994 published rule  As was
  discussed in Section V,C. of the
  preamble published on December 6.
  1994 (59 FR 62905). all five of the
 control options considered for the final
 rule are estimated to achieve similar
 levels of substantial reductions in
 nationwide organic emissions from
 TSDF and in annual cancer incidence.
 Under the new action level of 500
 ppmw, the MIR for most of the 2.300
 TSDF nationwide are estimated to be
 below the target MIR range of between
 lxlO-«and lxlO~«.
  Thus, while the action levels at 100
 ppmw and 500 ppmw are not equally
 protective of human health and the
 environment to the extent ascertainable
 by  the modeling methodology used.
 these action levels do achieve the same
 general range of protection and were in
 the zone of reasonable values being
 considered by EPA  for selection as the
 action level for the final rule. After
 further consideration, the EPA has
 concluded that the degree of
 incremental risk reduction at the 500
 ppmw action level is so small as to not
 warrant the inconsistency and attendant
 disruption with other air rules
 applicable to hazardous waste TSDF.
 This incremental risk reduction is made
 less relevant by the  fact that the EPA has
 already stated in the preamble to  the
 final .rule (59 FR 62905)  that (even at the
 100 ppmw action level), "thu EPA is
 further evaluating the waste
 management practices and the specific
chemical compounds composing the
  organic emissions from those individual
  TSDF for which the MIR values are
  estimated to be greater than the
  historical RCRA target N^IR levels. •
  Following this evaluation, the EPA will
  determine what other actions, such as
  the use of section 3005(c)(3) omnibus
  permitting authority or additional
  rulemaking, are necessary to attain the
  health-based goals of RCRA section
  3004(n)."

  2. Treatment Alternatives
    The treatment alternatives in the
  General Standards (§264.1083 and
  § 265.1083)  are being revised where
  appropriate to reflect the new action
  level of 500  ppmw. The treatment
  alternatives contained in the General
  Standards of the subpart CC RCRA air
  rules provide owners or operators with
  a selection of alternative provisions for
  determining when a treated hazardous
  waste is no longer required to be
  managed in  units meeting the air
  emission control requirements of the
  rule. The alternatives contained in the
  final CC rules published December 6,
  1994 are being revised as a result of the
  change in the action level. The volatile
  organic concentration criteria contained
  in some of the alternatives are being
  revised upward to reflect the higher
 action level of 500 ppmw. Additional
 alternatives also are being added to the
 rule to provide greater flexibility to the
• owner or operator in the treatment of
 hazardous waste. The changes being
 made to the General Standards by
. today's action are described below.
   For the treatment option that requires
 an organic reduction efficiency for the
 process of at least 95 percent and an
 average VO concentration of the waste
 at the point of waste treatment of less
 than 50 ppmw (§264.1082(c)(2)(ii)). the
 criteria for the average VO concentration
 of the treated waste is raised to  100
 ppmw in direct response to the change
 in the action level. The value of 50
 ppmw was chosen for the 1994 final'  ,
 rule to provide some added level of
 demonstration that co-mingled wastes
streams had achieved a level of organic
 reduction through treatment, rather than
 through dilution (see 59 FR 62915.
December 6.  1994). The selection of 50
ppmw in the 1994 final rule guaranteed
that hazardous waste streams with VO
concentrations of 2.000 ppmw or less at
their point of waste origination were
being reduced by 95% organics through
treatment, as opposed to dilution. For
today's final rule. EPA considers it
appropriate to modify that 50 ppmw
value to be 100 ppmw. In part. EPA is
making this modification in response to
comments that the value of 50 ppmw  '
was too close to the level of detection
  for the test method 25D. and was
  therefore a very difficult and costly
  demonstration for the facility. After
  further consideration, the EPA feels that
  an exit concentration value of 100
  ppmw is much less difficult and'costly
  for a facility to make. Further, when
  combined with the revised action level
  of 500 ppmw for the  overall rule, an exit
  value of 100 ppmw will ensure that the
  majority of hazardous waste streams are
  achieving the 95% reduction through
  treatment, as opposed to dilution that
  may occur through commingling.
    For the treatment option that allows
  mixed hazardous waste to be treated by
  an organic destruction or removal
  process that reduces the VO
  concentration of the hazardous-waste to
  meet a site-specific treatment process
  exit concentration limit
  (§264.1082(c)(2)(v)); the requirement
  that only hazardous waste enter the
  process is being removed. The exit
  concentration limit is being revised to
  be the lowest average VO concentration
  at the point of waste origination for each
  individual waste stream entering the
  process or 500  ppmw. whichever value
  is lower (this latter change is consistent
 with the revised action level for the
 standards also contained in today's
 action). Upon evaluation of this option.
 the EPA agreed with commenters that.
 making these revisions will allow
 operators to use this option with a
 greater number of waste management
 systems, while  still ensuring that
 reductions in VO concentrations are
 achieved through organic treatment or
 removal, as opposed to dilution.
   A treatment option
 (§ 264.1082(c)(2)(vi)) is being added that
 requires an organic reduction efficiency
 for the process equal to or greater than
 95 percent, and the average VO
 concentration of each  individual waste
 stream entering the process is certified
 by the owner or operator to be less than
 10,000 ppmw at the point of waste
 origination. This option is being added
 in response to commenters' concerns
 that many waste treatment operations
 have a multitude of waste streams being
 co-mingled early in  the treatment
 process, and it would be infeasible for
 an operator to evaluate each waste
 stream, Further, the commenters stated
 that for these same treatment systems.
 the concentration of the hazardous
 waste streams at their point of waste
 origination is relatively low (e.g. 600
 ppmw), and the exit concentration that
 would be required to demonstrate a
 95%,removal efficiency (in this example
 30 ppmw) is below the level of
 detection of many organic test methods.
Therefore, the EPA considered it
 reasonable to allow the owner or •

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            Federal Register  /  Vol.  61. No. 228 /.Monday. November  25.. 1996  /  Rules and Regulations   59941
    operator to document the ,95% organic
    removal efficiency of the control device.
    and certify that no waste streams greater
    than 10.000 ppmw at their point of
    origination were entering the
    centralized treatment process. The EPA
    chose the upper value of 10,000 ppmw
    because any waste stream with less than
    10.000 volatile organic concentration,
   when treated with a 95% efficient
   organic control device, would be
   reduced to below 500 ppmw (and thus
   would not require further control under
   the subpart CC regulations. The EPA
   considers the combination of these two
   criteria (95% efficient organic control
   device, and waste streams below 10,000
   ppmw VO concentration at their point
   of waste origination) to be adequate to
   ensure that any waste stream entering
   the treatment process is adequately
   treated for the purpose of the subpart CC
   standards.
   3. Exemptions

    An exemption from subpart CC
  control requirements is added to the
  General Standards to further clarify that
  a tank or surface impoundment used for
  biological treatment of hazardous waste
  in accordance with provisions in the
  subpart CC General Standards
  (§265.1082(c)(2)(vi)or
  §264.1082(c)(2)(vi)) is exempt from the,
  control device requirements under the
  rule. This was the Agency's intent in the
  1994 promulgated rule, but several
  commenters advised the EPA that this
  intent was not evident. Therefore, the
  EPA is making this addition to the
  General Standards to more clearIv
  describe this intent          '  "
   The following two exemptions are
  being added to the subpart CC General
  Standards in order to avoid the potential
  overlap of the subpart CC rules with
  RCRA standards established as part of
  the Land Disposal Restrictions (LDR)
  and to  avoid overlap with the recently
  promulgated Benzene Waste Operations
- NESHAP.
   In response to commenters' requests
 that compliance with applicable LDR
 treatment standards be reinstated as a
 subpart CC treatment alternative, an
 exemption from the subpart CC control
 requirements is being added for a tank,
 surface impoundment, or container if
 the material placed in the unit is a
 hazardous waste that meets the
 numerical concentration limits for
, organics applicable to the hazardous
 waste, as specified in 40 CFR part 268
 (Land Disposal Restrictions) under
 Table—•'Treatment Standards  for
 Hazardous Waste" in 40 CFR 268.40. or
 has been treated by the treatment
 technology established by EPA for the
 waste in 40 CFR 268.42(a). ortreated,by'
   an equivalent method of treatment
  . approved by EPA pursuant to 40 CFR
   268.42(b),     ,       ,
     The EPA in fact originally proposed
   such a provision (see 56 FR 33491. July
   22,  1991), and commenters stressed
   again that wastes meeting LDR
   requirements for organics would have
   reduced organic concentrations
   sufficiently so that there need not be air
   emission controls on the units receiving
   the wastes. Upon reflection. EPA now
   agrees with these comments. The LDR
   treatment standards are based on the
   performance of Best Demonstrated
   Available Technology and are deemed
   sufficient to minimize threats to human
   health and the environment posed by
   land disposal of the waste. See 51 FR
   40572, November 7, 1986 and RCRA
   section 3004(m)(l). In fact, the
   standards for most organics reflect the
   performance of combustion technology,
   which destroys organics to non-
   detectable levels, so that the treatment
  standard is actually the analytic
  detection limit for the organic times a
  factor which reflects technological
  variability. Consequently, it is EPA's
  finding here that units receiving wastes
 ~ that satisfy these standards for organics
  need not be controlled further, since the
  organics in the wastes are already
  reduced to levels where threats posed
  by release of the organics have been
 minimized.       •
   . The EPA notes that, to be exempt
  from  the subpart CC standards, the
  waste must meet the LDR treatment
 standards for that waste whether or not
 the waste actually is prohibited (or
 restricted) from land disposal, i.e..
 whether or not the waste is going to be
 ultimately land disposed. Thus, for
 example, if an organic ignitable waste is
 going to be managed in tanks and
 ultimately disposed of in a manner not
 involving land disposal, in order for the
 tanks  to be exempt from subpart CC
 (assuming the subpart CC rules
 otherwise apply), the waste would have
 to meet the treatment standards for
 D001 wastes. It should be clear from this
 example that the treatment standards
 are being used here as a means of
 demonstrating that further 'control.of air
 emissions from the waste is not
 necessary to protect human health and
 the environment. This determination
 does not hinge on whether the waste is
 being land disposed (i.e., on whether
 the waste would otherwise have to be
•treated to meet the standard as a
 precondition to land disposal).
   The  EPA is amending the 1994 final
 rule to address certain of the
 commenters' concerns regarding
 applicability of the subpart CC.rules to
 incinerator bulk feed tanks  (that is.
   tanks used for.bulk feed of hazardous
   .waste to an incinerator). A standard
   industry practice is to control the air
   emissions from these tanks by enclosing
   the tank and feed operation, and venting
   emissions for the enclosure through a
   closed-vent system to an organic
   emission 'control device. The EPA has
   received comments stating-that some
   industry members have alternate
   designs which allow them to effectively
   operate bulk incinerator feed systems
   using a tight-fitting cover on the tank
   and enclosing the feed line, with all
   emissions vented to a control device
    The EPA is addressing two issues
   with respect to those former bulk feed
   operations. The first is the efficiency of
   the organic control device, and whether
   existing facilities must replace those
   devices previously installed to comply
  with the Benzene Waste Operations
  NESHAP. The second issue is whether
  an enclosure can provide adequate
  capture and control of organic emissions
  from an open tank, when compared
  with a tight-fitting cover on that tank.
    The subpart CC rules require 95%
  reduction of total organics in vapor
  streams, by weight. The Benzene Waste
  Pperations NESHAP (40 CFR part 61
  subpart FF) requires 98% reduction of
  benzene in vapor streams. This
  distinction is appropriate, given the
  Benzene Waste Operations NESHAP's
  purpose to control benzene specifically
  and the subpart CC rule's purpose to
  control total organics (including
  benzene). However, incinerator bulk
  feed operators have  installed non-
  combustion control  devices (such as
  activated carbon systems and
  condensers) which achieve 98%
  reduction of benzene, but do not
 effectively achieve 95% reduction of
 total organics.  (This is because benzene
 is more amenable to certain reduction
 technologies than other organic
 compounds.)                     ,
   The EPA has decided that it is not
 justified to require owners and operators
 to replace these relatively new control
 devices, which were installed pursuant
 to EPA regulation, and is therefore
 adding an exemption for control devices '
 installed on such systems.11 The EPA is
 making this decision chiefly due to the
 high replacement cost,  action in reliance
 on EPA's Benzene Waste Operations
  - Although there is probably some degree of
decrease in protectlveness between these control
devices and the proscribed 95% total organic
control device requirements. EPA considers that
difference to be not significant enough to warrant
the substantial dislocations noted above. With
respect to newly constructed control devices. ther
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   59942
Federal  Register / Vol. 61. No. 228 / Monday.  November  25.  1956 / Rules and Regulations
   NESHAP, and Che desire for consistency
   among the various standards controlling
   organic constituents.
     With respect to enclosures used in
   lieu of a discreet tank cover, the issue
   is the same as that which EPA is
   addressing for all tank systems (see
   Section G of this Preamble.)
   F Waste Determination Procedures
     Under the subpart CC RCRA air rules,
   air emission controls are not required
   for a hazardous waste management unit
   when the unit manages hazardous waste
   having an average VO concentration less
   than the action level (i.e.. 500 ppmw at  '
   the point of waste origination). As part
   of the procedure for determining the VO
   concentration of the hazardous waste,
   the EPA allowed that an owsier or
   operator could use either (1) Direct
   measurement using Method 25D for •
   preparation and analysis of samples of
 •  the waste collected in accordance with
   the procedures specified in the rule; or
   (2) the owner's or operator's knowledge
  of the VO concentration in the waste
  based on information, as specified in the
  rule.
    In response to comments received'
  concerning Method 25D relating to •
  aggressiveness, expense, and
  repeatability of the method, the EPA
  decided to add other appropriate test
.  methods that an owner or operator can
  choose to use for direct measurement of
  the VO concentration of a hazardous
  waste (see discussion below). In
  addition, the EPA is making certain
  other changes to facilitate the use of
  organic concentration data obtained
  using other test methods not specifically
  listed in the rule. The EPA believes that
  the changes being incorporated into the
 waste determination requirements in
 conjunction with changes to the
 applicability and action level for the
 subpart CC RCRA air rules for tanks,
 surface impoundments, and containers
 provide a range of options for
 determining the VO concentration of a
 hazardous waste such that every owner
 and operator of a facility subject to the
 final rule has available practical and
 inexpensive waste determination
 alternatives.
   The EPA developed Method 25D to
 provide a relative measure of the
 potential for specific volatile organic
 compounds to be emitted from waste
 materials. When using Method 25D, the
 waste is analyzed  to determine the total,
 concentration, by weight, of all organics
* purged from the waste sample.
 However, some commenters stated that
 measuring all organics resulted in an
 overly aggressive method. Commenters
suggested that there is some universe of
organic compounds which usually do
                             not volatilize, but which some test
                             methods would measure. In a practical
                             sense, the EPA does not consider it
                             equitable to require 'air emission
                             controls for wastes that do not contain
                             organic compounds which are likely to
                             volatilize. In response, to these
                             comments, the EPA is amending the
                             waste determination procedures to .
                             allow the owner or operator to discount
                             any contribution to the total volatile
                             organic concentration that is a result of
                             including a compound with a Henry's
                             law constant of less than 0.1 mole-
                             fraction-in-the-gas-phase/mole-fraction-
                             in-the-liquid-phase (0.1 Y/X) (which can
                             also be expressed as 1.8x10-«
                             atmospheres/gram-mole/m3] at 25
                             degrees Celsius. The Henry's law
                             constant of a compound is one
                             indication that is commonly used to
                           .  predict the potential of a compound to
                             volatilize.
                              If the waste contains compounds with
                             Henry's law constants below the cutoff
                             level, the VO concentration for the
                             waste can be adjusted to exclude the  VO
                             concentration of these compounds from
                             the total VO concentration for the waste
                            stream. The contribution to the
                             measured total VO concentration for the
                            waste that is made by a specific
                            compound can be determined by
                            multiplying the actual concentration of
                           . the compound in the waste times the
                            appropriate compound-specific
                            adjustment "fra factor" to obtain the
                            Method 25D VO concentration. The VO
                            concentration for the compound, with a
                            Henry's law constant of less than 0,1 Y/
                            X, can then be subtracted from the total
                            VO concentration measured for the
                            waste. In order to identify those
                            compounds with a Henry's law constant
                            below the cutoff level, the EPA has
                            published a table listing the known
                            compounds as part of today's
                            amendments. The Henry's law constant
                            value used as the cutoff in determining
                            the VO concentration of a waste has
                            been used in other EPA regulations (e.g.,
                            the Off-Site Waste and Recovery
                            Operations NESHAP and the HON) and
                            was selected based on modeling studies
                            to identify and classify compounds with
                           a significant potential for air emissions
                           when present in a waste/wastewater •
                           system. With this amendment to the
                           waste determination procedures, the
                           EPA considers Method 25D to be an
                           appropriate method for determining the
                           VO concentration of hazardous wastes
                           subject to the subpart CC RCRA air
                           rules. Therefore. Method 25D continues
                           to be an approved test method for
                           determining the VO concentration of a
                           waste, although other methods are
                           allowed as direct measurement under
  today's amendment. This is discussed in
  greater detail below.
    Other test methods have been
  developed by the EPA for use in
  rulemakings under the Clean Water Act
  that measure the concentration of
  organic pollutants in municipal and
  industrial wastewaters (see appendix A
  to 40 CFR part 136). Commenters  -.
  suggested that certain of these test
  methods are applicable to EPA air
  .rulemakings affecting hazardous waste
  and wastewater management units.
  After extensive review, the EPA decided -
  that as alternatives to using Method 25D
  for direct measurement of VO
  concentration in a hazardous waste for
  the subpart CC RCRA air rules it is     •  .
  appropriate  to add Methods 624. 625. •
  1624, and 1625 (all contained in 40 CFR
  part 136. appendix A) and Methods
  8260(B) and 8270(C) (both in 'Test
  Methods for Evaluating Solid Waste.
  Physical/Chemical Methods" in EPA
  Publication SW-846) when these
  methods are used under certain
  specified conditions. It is important to
  note that for each of these methods there
  is a published list of chemical
 compounds which the EPA considers
  the1 method appropriate to measure. The
 owner or operator may only use these
 methods to measure compounds that are
 contained on the list associated with
 that method, unless specified validation
 procedures are also performed. Further.
 for the purpose of a waste
 determination, the owner or operator
 must evaluate the mass of all VO
 compounds in a waste that have a
 Henry's Law value above the 0.1 Y/X
 cutoff. Therefore, the owner or operator
 is responsible for determining that the
 analytical method being used for a
 waste.determination is sufficient to
 evaluate all of the applicable organic
 compounds that are contained in the
 waste. If an owner or operator chooses
 to use a method other than Method 25D
 to analyze a waste that contains
 unknown compounds or many different
 compounds, it may be necessary to
 perform screening analyses to verify that
 the alternate analytical method chosen
 is, in fact, appropriate to evaluate all the
 necessary compounds.
  Because these methods measure the
 total concentration of various
 constituents, owners and operators may
 choose to "correct" these measured
 values to equate to the values that
 would be measured using Method 25D.
This is accomplished by multiplying the
 total concentration measured values
 times the appropriate compound-
specific adjustment "fm factor" to obtain
the Method 25D VO.concentration. The
EPA has published lists of the
compound-specific adjustment factors

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            Federal .Register / Vol. 61. No.  228 / Monday. November 25.  1996 /Rules and -Regulations''  59943
   ,in other rulemakings: see Table I in the
   Off-Site Waste and Recovery Operations
   NESHAP (40 CFR part 63. subpart DQ)
.   and Table 34 in the HON (40 CFR part *
   63. subpart G). Compound specific
   adjustment factors (fm factors) for
   additional compounds can be obtained
  . by contacting the Waste and Chemical
   Processes Group. Office of Air Quality
   Planning and Standards. Research
   Triangle Park. NC 27711.    .
     Sufficient recovery study results are
   available for Methods 1624 and 1625 to
   correct for possible bias, and therefore.
   these methods are considered adequate
   by the EPA to characterize the
   concentration of a hazardous waste
  sample. In addition. Methods 624 and
   625 are appropriate provided the initial
  calibration of the analytical system is
  performed with the target compounds to
  be measured. Methods 8260(B) and
  8270(C),are also considered appropriate
  provided that formal quality  assurance
  procedures are established, followed.
  and records are maintained to cover
  those elements of the methods
  considered relevant to measuring the
  actual concentration of organic
  compounds. The quality assurance
  program must address-procedures fo
  minimize the loss of compounds due to
  volatilization, biodegradation, reaction,
  or sorption during the sample
  collection, storage, and preparation
  steps as well as addressing the overall
  accuracy and precision of the specific
  method used.
    Sample collection procedures and
  sample recovery conditions are
  established by Method 25D (40 CFR part
  60, Appendix A). For the hazardous
  wastes typically managed in the
  operations subject to. the RCRA air rules,
  the EPA has concluded that using
  Method 25D sample collection
  procedures and sample recovery
  conditions for other analysis methods is
  reasonable for the purpose of this
  rulemaking. However, none of the other
  methods discussed above specifies a
 sample collection and handling
 procedure that the EPA considers
 adequate to minimize the volatilization
 of organics from the sample prior to   -
 analysis. Therefore, to ensure that an
 adequately representative sample of a
 hazardous waste is analyzed by the
 method* an owner or operator  that
 chooses to use either Method 624, 625,
 1624. 1625. 8260(B) or 8270(C) for the
.subpart CC RCRA air rules is required
 to develop and follow a written
 sampling plan. Similarly, such a plan is
 required for alternative methods
.validated by EPA Method 301  in
 appendix A of 40 CFR part 63.  or the
 "Alternative Validation  Procedure for
 EPA Waste and Wastewater Methods"
   in appendix D of 40 CFR part 63. This
   plan must describe a step-by-step
   procedure for collecting representative
   samples of the hazardous waste such.
   that material  integrity is maintained and
   minimal loss of organics from the
  -sample occurs throughout the collection
   and analysis process. An example of an
   acceptable sampling plan is one that
   incorporates sample collection  and
  sample handling procedures similar to
  those specified in Method 25D. The
  sampling plan is to.be maintained on-
  site in the facility records.
    It should be noted that as long as one
  of the allowable test methods is being
  used for direct measurement of the VO
  concentration of a hazardous waste,'the
  EPA would only enforce against the
  facility on that basis (i.e., using-the same
  test method), unless the method used is
  not app'ropriate for the hazardous  waste
  managed in the unit For example, if the
  method is not suitable for use on semi-
  volatile organic compounds and the
  waste is known to contain organic
  compounds that are classified as semi-
  volatile, then the method is not
  appropriate.
   In the published rule, the EPA allows
  use of knowledge-of-the-waste as the
  basis for a waste determination
  (§ 265.1084(a)(2)). Among the waste
  determination techniques that would
  have been considered knowledge, was
  analysis by methods other than 25D.  if
  the alternate method had been validated
 using Test Method 301, from appendix
 A of part 63. Certain commenters
 indicated that it was not clear in  the
 1994 final rule that data from non-
 validated methods could be used to
 make a waste, determination, with those
 results being again, considered
 knowledge-of-the-waste (as opposed to
 direct measurement). Today EPA is
 clarifying that,  and, also in response to
 comments, the  EPA has decided to
 allow organic concentration test data
 that are validated in accordance
 specifically with Sections 5.1 and 5.3
 and the corresponding calculations in
 Section 6.1 or 6.3 of Method 301  to  be
 used as direct measurement data. This
 makes validation of the alternative test
 method a self-check of the method being
 validated. Also, if appropriate, owners
 and operators may choose to "correct"
 values measured by the alternative test
 method to equate to the values that
 would be measured using Method 25 D
 by multiplying the measured values
 times the appropriate compound-
specific adjustment "fM factor."
  In addition, as discussed in Section
II.G of the preamble to the final Off-Site
Waste and Recovery Operations
NESHAP  (61 FR 34140. July 1, 1996). .
the EPA promulgated a less rigorous
   validation procedure. "Alternative
   Validation Procedure for EPA Waste and
   Wastewater Methods." in Appendix D
   to 40 CFR part 63 as an alternative to
   Method 301 for the validation of a test
   method established by the EPA Office of
   Water (OW) or the EPA Office of Solid
  •Waste (OSW) when this EPA test
   method is used for air emission
  standards. The EPA decided it is
  appropriate to allow organic
  concentration  test data that are
  validated in accordance with this
  method to be used as direct
  measurement data because it is
  considered to produce equally reliable
  validation results. Other test methods
  not previously mentioned that are used
  to measure organic concentrations in the
  waste shall be validated according to
  section 5. lor 5.3, and the        x
  corresponding calculations in section
  6.1 or 6.3, or Method 301 of Appendix
  A of 40 CFR part 63.
    The main point that must be
  reemphasized regarding direct
  measurement of VO concentration is
  that, although the EPA is amending the
  rule to allow various test methods other
  than Method 25D to be used in a waste
  determination,  the owner or operator
  must use a test  method (s) that is
  appropriate for the compounds
  contained in the waste. The method(s)
  used for the waste determination must
  be suitable for and must reflect or
  account for all compounds in the waste
  with a Henry's Law constant equal to or
  greater than 0.1 Y/X at 25 degrees
  Celsius.               .-"
   In a further clarification, today's
 action is revising the waste
 determination procedures such that for
 both point of waste origination and
 point of waste treatment, no distinction
 is made for batch or continuous
 processes or for whether the owner or
 operator is the generator or receives the
 waste from off-site. The owner or
 operator chooses an averaging period
 appropriate for the hazardous waste
 stream of not more than 1 year. As has
 been noted previously, a site sampling
 plan is required  that describes the
 procedure for collecting representative
 samples ofthe hazardous.waste stream
 such that a minimum loss of organics
 occurs throughout the sample collection
 and handling process and by which
 sample integrity is maintained.
  As was originally promulgated in the
 1994 final rule, in the event that the
 Regional Administrator and the owner -   .
 or operator disagree on a determination
of the average VO concentration of a
 hazardous waste stream at the point of
waste origination using knowledge, then
direct measurement shall be used to
establish compliance. As noted above.

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  59944   Federal  Register  /  Vol.  61.  No. 228 / Monday. November 25. 1996 / Rules  and Regulations
  because of the expansion of analysis
  methods in today's amendments, direct
  measurement to establish compliance is
  not limited to Method 25D. but can be
  performed using any of the methods
  specified in the rule or any test method
  validated as specified in the rule, as
  appropriate for the waste managed in
  the unit. Because of the expansion of
  analysis methods, the rule has been
  revised such  that, if the Regional
  Administrator determines that the
  method used by  the owner or operator
  for a waste determination using direct
  measurement was not appropriate for
  the waste managed in the unit, then the
  Regional Administrator may choose an
  appropriate method to verify the waste
  determination.
  C. Standards: Tanks
   The subpart CC tank standards'have
  been revised to address comments on
  the proposed technical amendments, to
  be consistent with tank standards
  established for related Clean Air Act
  NESHAP. and to reduce the inspection,
  monitoring, recordkeeping, and
 reporting requirements. In general,, the
 amendments published today establish
 two levels of air emission control
 (referred to as Level 1 and Level 2
 controls) for tanks managing hazardous
 waste having a maximum organic vapor
 pressure less than 76.6 kilopascals
 (kPa). The control level applicable to a
 tank required to use controls is
 determined by the tank design capacity
 and the maximum organic vapor
 pressure of the material in the tank.
 Ranges of capacity and vapor pressure
 limits or criteria have been established
 for tanks. However, tanks used for waste
 stabilization processes are required to
 use specific air emission controls.
  For a tank to meet Level 1 controls,
 the revised final rule specifies that the
 hazardous waste be managed in a tank
 using a fixed-roof. For the Level 2
 controls, the revised final rule requires
 that hazardous waste be managed in one
 of the following: (1) A fixed-roof tank
 equipped with an internal floating roof:
 (2) a tank equipped with an external
 floating roof: (3) a tank vented through
 a closed-vent system to a control device:
 (4) a pressure tank: or (5) a tank located
 Inside an enclosure that is vented
 through a closed-vent system to an
 enclosed combustion control device.
  A tank is allowed to use the Level 1
 controls if it meets the conditions that -
 were in the 1994 final subpart CC rule
 to qualify for control by only a fixed
 roof, with several  revisions to the
conditions. In response to comments.
the  condition that the waste is neither
 mixed, stirred, agitated, nor circulated
within the tank is  being dropped: the
  condition on heating the waste is being
  revised to require that the hazardous -,
  waste in the tank not be heated to a
  temperature that is greater than the
  temperature at which the maximum
  organic vapor pressure of the waste was
  determined: and the condition that the
  hazardous waste not be treated by a
  process that produces an exothermic
  reaction is being dropped. The EPA
  agrees with commenters that these
  conditions are redundant given the
  criteria based on determination of a
  maximum organic vapor pressure. The
  conditions that are being dropped from
  the rule thus are adequately accounted
  for in the maximum organic vapor
  pressure criteria.
   The owner or operator of a tank that
 qualifies for the Level 1 controls may
 choose to use Level 2 controls. A tank
 that does not qualify for the Level 1
 controls is subject to the Level 2
 controls.
   Tank Level 1 control requirements
 consist of a fixed roof meeting the
 design, operation, inspection, and
 recordkeeping requirements specified in
 the rule. Because of commenters'
 concerns with the safety of workers
 during tank cleaning, the operating
 requirements are being clarified to
 explicitly include the removal of
 accumulated sludge or other residues
 from the bottom of the tank as a time
 when the opening of closure devices or
 removal  of the fixed roof is allowed. In
 response to commenters' concerns that
 the subpart 1994 CC rules
 (inadvertently) required that a
 conservation vent must discharge
 through a closed-vent system to a
 control device, the revised rule states
 that a pressure relief device, such as a
 conservation vent which vents to the
 atmosphere, is allowed for the purpose
 of maintaining the 'tank internal
 pressure  in accordance with the tank
 design specifications. Normal operating
 conditions that might require a pressure
 relief device to open include internal
 pressure  buildup as a result of loading
 operations or diurnal ambient
 temperature fluctuations.
  To reduce the inspection, monitoring,
 and'recordkeeping burden of the rule, a
 number of rule revisions are being made
 in response to comments. The
semiannual inspection requirement for ,
 the fixed roof and closure devices is
 being changed to an annual inspection
 requirement The EPA considers this
change to greatly reduce the
 requirements placed on the tank
operators, while not affecting the
protectiveness of the rules. The
regulations still require tanks to be
operated  with covers  that do no.t have
visible openings or gaps: therefore, any
  openings or gaps will still need to be
 . immediately repaired. The instrument
  monitoring requirements are being
  dropped.'EPA's rationale being that the
  fixed roofs are allowed to operate with
  a conservation vent, and thus, leak?
  detectable only by an instrument are
  relatively insignificant. The time during
  which repair of a defect'must be
  completed is being extended from 15 to
  45 calendar days. The delay of repair
  provisions are being clarified to indicate
  that repair of a defect on a fixed roof or
  closure device may be delayed beyond
  45 calendar days if repair would require
  the tank to be emptied or removed from
 service and no alternative capacity is
 available at the facility to accept the
  hazardous waste normally managed in
 the tank. The recordkeeping
 requirements are being clarified to
 explicitly define the information
 required for the annual inspection
  - The revised Tank Level 2 air emission
 control requirements include options
 that were available in the 1994 final
 subpart CC rule, i.e.. a tank equipped
 with a fixed roof and internal floating
 roof, a tank equipped with an external
 floating roof, a fixed roof vented through
 a closed-vent system to a control device,
 and a pressure tank. In addition, an
 option is being provided allowing the
 use of an enclosure vented through a
 closed-vent system to an enclosed
 combustion device  or a control device
 designed and operated to reduce the
 total organic content of the inlet vapor
 stream by at least 95 percent by weight
   For a tank equipped with a fixed roof
 and internal floating roof, an operating
 requirement is being revised, such that,
 when the floating roof is resting on the
 leg supports, the process of filling,
 emptying, or refilling must be
 accomplished as soon as practical rather
 than as rapidly as possible. The
 rationale for this is explained in the
 preamble of the February 9,1996
 technical amendments (see 61 FR 4910).
   Internal floating roof and external
 floating roof design, operating.
 inspection,.and monitoring
 requirements are revised to reflect
 current  technology and to be consistent
 with requirements of Clean Air Act
 standards for the same equipment (e.g.
 the off-site waste and recovery
 operations NESHAP, promulgated July
 1. 1996). Again, this is part of the EPA's '
 effort to promote consistency between
 requirements for similar types of units.
 Overall performance and emission
 reductions are  effectively unchanged.
  For a tank with a fixed roof, that is
vented through a closed-vent system to
a control device, the operating.
 monitoring, and inspection
requirements are being revised

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              Federal Register /Vol. 6I.  No. 228 / Monday. November 25. 1996 / Rules and Regulations  59945
    consistent with the Tank Level 1 control
    requirements described previously. In
.    summary, the times when opening of .
    closure devices or removal of the fixed
    roof are allowed are being clarified, the
    rule is being clarified to allow the
    opening of a safety device, the
    semiannual inspection required for the
    fixed-roof and closure devices is
    changed to an annual inspection
    requirement, monitoring requirements
    are dropped, the time during which
    repair of a defect must be completed is
    extended from 15 to 45 calendar days,
    the delay of repair provisions are being
    clarified to indicate that repair of a
    defect on a fixed roof or closure device
    may be delayed beyond 45 calendar
    days, and the recordkeeping
    requirements are being clarified to
    explicitly define the information
    required for the annual inspection;
     In response to the numerous
    comments regarding establishment of
    criteria to identify or define a pressure
    tank, the pressure tank requirements are
   being clarified to state that the tank
   shall be designed to operate with no
   detectable organic emissions during
   filling to the tank design capacity and
   the subsequent compression of the
   vapor headspace in the tank.
     For the control option being added as
   a part of these amendments that allows
   the use of an enclosure vented through
_   a closed-vent system to an enclosed
   combustion cievice or alternative control
   device, the enclosure must be designed
   and operated in accordance with the
   criteria for a permanent total enclosure
.   as specified in 40 CFR 52.741.
   Appendix B, Procedure T-Crtteria for
   and Verification of a Permanent or-
  Temporary Total Enclosure. The EPA is
  adding this control option in response
  to comments from, among others,
  members of the hazardous waste
  stabilization industry and the
  incineration industry, who maintain
  that certain waste handling or treatment
  operations (e.g. incinerator bulk feed
  systems and stabilization) can not
  feasibly be conducted in covered tanks.
  ,  The EPA has made a number of
  revisions to the regulations that address
  this concern. As noted earlier, the
  increased VO concentration action level
  (from 100 ppmw to 500 ppmw) plus the -
  inapplicability of the rule to hazardous
  wastes that meet the LDR standard for
  organic hazardous constituents should
  sharply reduce the number of situations .
  where a metal-bearing waste undergoing
 stabilization would also be subject to
 the subpart CC standards.
   In addition, the EPA reexamined the
 data in the record for those wastes that
 may undergo stabilization and still be
 subject to the Subpart CC requirements:
    this includes data supplied by waste
    management companies after
    promulgation of the 1994 final CC rule.
    in response to EPA's solicitation (see 59
    FR 62912. December 6, 1994). However.
    the data currently available to the EPA
    do not support the commenters'
    assertions that no controls at all are
    needed for these wastes undergoing
    stabilization. All currently available
    data indicate that a significant fraction,
    by mass, of organics in waste are
    volatilized during stabilization
    processes.*
     The EPA recognizes that certain  •
   stabilization and waste handling
   operations can only be feasibly
   conducted in open tanks (and
   containers). For such operations, where.
   a cover,is impractical, the most practical
   alternative is a permanent total
   enclosure that achieves high capture
   efficiency of the organic compounds
   emitted from the open tank (or
   container)  and routes them through a
   closed-vent system to.an organic control
   device. The EPA defines ,a permanent
   total enclosure as a "permanently
   installed enclosure that completely
  surrounds a source of emissions such
  that all (VOC) emissions are captured
  and contained for discharge through a
  control device." The EPA has developed
  a set of criteria (in 40 CFR 52.741.
  appendix B) to ensure high capture
  efficiencies through proper design and
  operation of an enclosure and to
  eliminate the  need for expensive and
  disruptive capture efficiency
  performance tests. The EPA method
  states that if a facility meets the criteria
  for a permanent total enclosure and all
 •emissions are directed to a control
  device, the capture efficiency may be
  assumed to  be 100 percent and
  measurement requirements are waived.
  The EPA has concluded that these  ,
  enclosure criteria are appropriate for
   1 Recent data supplied to EPA (Including
 Information contained In docket F-94-CE3A-
 FFFFF. and information submitted by subpart CC
 rule commenters to the EPA's Office of Solid Waste
 and Emergency Response) do not lead the Agency
 to conclude otherwise. Rather, the data submitted
 indicate that numerical quantification methods, or
 test methods, used to measure the mass of organics
 emitted during stabilization do not yield consistent
 or precise results when waste streams below 500
- ppmw VO concentration are evaluated. These data.
 among other factors, prompted the Agency to raise
 the action level to SOO ppmw. However, the data
 submitted did not support any revision to the
 Agency's policy of .requiring stabilization of
 organics to be performed In units with air emission
 controls. The Agency maintains that stabilization.
 and other operations that raise the temperature of
 the waste or agitate the waste. Increase the rate of
 volatilization or organics In the waste. Therefore, it
 follows that a regulation that considers It
 appropriate to control the organic emissions from
 storage of hazardous waste would consider it at
 least as important to control the organic emissions
during treatment of hazardous waste.
    application to waste stabilization
    operations, bulk feed tank operations
    and other waste handling situations
    where an owner or operator may deem
    a covered tank impractical: the design
    and operational criteria allow for
    necessary worker access to perform '
    necessary operations, while assuring; a
    high capture efficiency. Therefore  in
    this limited situation, use of an
   enclosure and control device that meets
   the criteria specified in the rule, for both
   the enclosure and the control device  is
   considered to provide the same level of
   emission reduction performance as does
   the other control options provided in
   the rule for tanks and thus achieves the
   same level of protection.
    One commenter argued that the  •
   permanent enclosure criteria are
   inappropriate because they were
   originally developed for use in another
   industry (the paint and coating
   industry). However, the EPA considers
   these criteria appropriate for ensuring
   adequate design and operation of any     .
   enclosure used to capture organic
  emissions. The criteria are'not
  prescriptive, that is, they do not
  specified detailed design and operation
  conditions. Rather, the criteria are just
    atl_arameters tnat must be evaluated.
  and minimum or maximum values that
  must be met for each parameter. These
  criteria are the only description known
 . to the Agency that ensure an enclosure
  is effective in: (1) Preventing significant
  volumes of organics from escaping to
  the atmosphere, (2) capturing the
  organics from within the enclosure, and
  (3) routing the organics from within the
  enclosure to a control device.
    The permanent total enclosure criteria
 specifies: (1) Maximum total area for
  natural draft openings, or NDO (which
 are holes in the enclosure that allow
 passage of organics through to the
 atmosphere). (2) minimum distance
 from emission points to NDO, (3)
 minimum face velocity to ensure
 sufficient negative pressure, (4) closure
 of any accesses that were not open for
 the purpose of performing the criteria
 calculations, and (5) routing of all
 emissions to a control device. All of
 these are parameters that would require
 consideration in the evaluation of any
 enclosure's effectiveness. Further, thfe
 minimum and maximum values
 specified in the.permanent total
 enclosure criteria were chosen by EPA
 specifically for the purposes of ensuring
 adequate capture of organic emissions
 from industrial operations'/such as paint
 and coating operations. The paint and
 coating industry operations are similar
 enough to other industrial operations.   '
 including waste treatment, that it is
appropriate  to use the permanent total

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  59946  Federal Register / Vbl. 61.  No. 228 / Monday. November 25, 1996 / Rules and  Regulations
  enclosure criteria for.specifying
  enclosure integrity elsewhere.
    One commenter remarked that the
  costs to retrofit two particular existing
  enclosures to the permanent total
  enclosure criteria would be prohibitive.
  The EPA does not agree with that
  remark. After reviewing that data, the
  EPA estimates that it would be less
  costly for that facility to upgrade those
  enclosures than it would be for any
  facility to retrofit an existing tank with
  an air-tight cover, which is the
  requirement for other tanks subject to
  the subpart CC standards.*
    Safety devices, as defined in the  rule.
  may be installed on the enclosure,  as
  needed. The closed-vent system and
  enclosed combustion device or
  alternative control device must be
  designed and operated in accordance
  with standards in subpart CC. The
  enclosure is required to be inspected
  initially and annually thereafter. When
  defects are detected, the owner or
  operator must make first attempts at
  repair no later than 5 calendar days after
  detection and complete repair within 45
  days.
   Finally, in response to commenters'
 concerns with the feasibility of
 transferring solids and sludges between
 containers and tanks in a "closed
 system" as required by the final rules,
 the closed system transfer requirements
 for hazardous wastes transferred to  or
 from a tank and another waste
 management unit subject to subpart CC •
  «Trm EPA further notes that one of the two
 enclosures described In this commenter's
 submission would require only the sealing of a
 natural draft opening which Is too close to an
 emission point. The other enclosure would require
 an Increase In the face velocity, which could
 possibly be achieved by closing some of the natural
 draft openings In the enclosure. The cost to close
 a natural draft opening Is not at all prohibitive: In
 many Instances It can be accomplished with a patch
 and some alr-tlght caulk or foam. However, It Is
 conceivable that the facility may need to Increase
 the capacity of the control device for this second
 enclosure. In order to be able to effectively handle
 the resulting Increased air flow. However, the EPA
 considers It highly relevant to note that the
 commemer states that his permitting authority has
 confirmed the tank inside this enclosure Is not
 subject to the subpart CC standards: therefore, the
 enclosure would not be required to meet the
 permanent total enclosure criteria referenced by the
 jubpart CC standards. It should be noted that costs
 associated with achieving a level of protectlveness
 required under RCRA 3004 (n) are not a
 consideration in (he selection of standards.
  Tlie EPA considers It also noteworthy to mention
 tlut a hazardous waste treatment Industry group
 polled  Its members that operate Incinerator bulk
 feed tanks, and was Informed that ail the member
 companies polled either: (1) Currently perform the
 bulk feed operations using covered tanks. (2)
 currently perform the bulk feed operations inside
 enclosures which already meet all of the permanent
 total enclosure criteria, or (3) would consider it
 reasonable to (and are willing lo) upgrade or modify
 their existing enclosures to meet the permanent
total enclosure criteria.
  control requirements.are being revised
  such that transfer of hazardous waste
  between a tank and container is not
  required to be done in a closed system.

  H. Standards: Surface Impoundments
    Revisions are being made to the
  subpart CC surface impoundment
  standards so that, where'relevant and
  appropriate, the inspection, monitoring.
  recordkeeping, and reporting
  requirements for surface impoundments
  are consistent with the, requirements
  established for tanks in subpart CC and
  for surface impoundments under the
  Clean Air Act NESHAP. A' discussion of
  these revisions is presented below.
    More design and installation
  information is being included for rigid
 covers. A provision is being added that
 clarifies the intent of the 1994 final
 subpart CC rule, that venting to a
 control device is not required and  that
 opening of closure devices or removal of
 the cover is allowed to remove
 accumulated sludge or other residues
 from the bottom of the surface
 impoundment. A provision is being
 added that explicitly allows opening of
 a safety device installed on the cover;
 closed-vent system, or control device at
 any time conditions require it to do so
 to avoid an unsafe condition. Also   -
 under the technical amendments
 published today, visual inspection of
 the rigid cover and closure  devices is
 required initially and annually
 thereafter, rather than semiannually;
 leak detection monitoring is only
 required initially: and there are no
 requirements for periodic monitoring (as
 discussed above, the EPA does not
 consider it warranted to survey for  non-
 visible leaks, while allowing
 conservation vents to route  emissions to
 the atmosphere). The repair period  for a
 defect also is being extended from 15 to
 45  days to be consistent with other  CAA
 regulations (e.g. the HON).
  The floating membrane cover design
 and installation requirements are being  .
 clarified, e.g.. language is being added to
 clarify that the "floating membrane
 cover shall be designed to'float during
 normal operations on the surface of the
 liquid contained in the surface
 impoundment." A provision is being.
 added that allows the floating
 membrane cover to be equipped with
 emergency cover drains for removal of
 storm water. Opening of a safety device
 installed on the cover is allowed at any
 time conditions require it to do so to
 avoid an unsafe condition. Visual
 inspection of the floating membrane
 cover and closure devices is required .
 initially and annually, rather than
semiannually. The leak detection
 monitoring requirements for floating
   membrane covers are being dropped.
 ' The repair peripd for a defect is being
•   extended from 15 to 45 days.
     The, closed system transfer
   requirements for hazardous wastes
   transferred to or from a surface
   impoundment and another waste
   management unit subject to subpart CC
   control requirements are being revised
   such that transfer of hazardous waste
   between a surface impoundment-and
   container is not required to be done in
   a closed system. This change is being
   made to provide consistency within the
   subpart CC rules: containers are not
   subject to transfer requirements among'
   other containers: therefore, i;he EPA
   does not consider it necessary to require
   closed transfer between containers and
  surface impoundments.
  /. Standards: Containers
    The subpart CC container standards
  are being significantly revised under
  today's amendments to address
  comments on the proposed changes to  '
  the container requirements, to make this
  rule compatible with the existing U.S.
  Department of Transportation (DOT)
  regulations for transporting hazardous
  materials, and to reduce any
  unnecessary inspection, monitoring,
  recordkeeping, and reporting
  requirements.

  1. Control Requirements
    Commenters stated that promulgated
 air emission control requirements for
 containers are impractical to implement
 or require equipment that is
 commercially unavailable. Also.
 commenters stated that the
- requirements should be consistent with
 the container air emission control
 requirements under the Clean Air Act
 rules.
   Since promulgation in December  '
 .1994. the EPA has obtained more
 information on the practices and
 equipment currently used to manage
 hazardous waste in containers. Based on
 consideration of this information, the
 EPA decided to revise the air emission
 control requirements for containers to
 better reflect the container organic
 emission potential, the various
 container types, and the common
 container management practices used
 for hazardous waste operations. The
 EPA believes that these revised
 requirements are technically feasible
 and practical to implement on all types
 of containers that the Agency expects to
 be subject to the rule. These revisions
 are described in detail later in this
.section of today's notice. •
   The EPA is addressing consistency
 between the air emission control
 requirements for containers (as well as

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Federal  Register / Vol. 61. No.  228 ,
    the other affected waste management
    units) in the RCRA rules and those
  .  contained in Clean Air Act NESHAP or
    NSPS by amending the RCRA rules to
    include an exemption for those affected
    units using organic emission controls in
    accordance with the requirements of
    any applicable NESHAP or NSPS.
    Because the Clean Air Act controls for
    containers are essentially the same as
    those required under the RCRA air
    rules, they are considered to provide the
   same level of protection. In addition,
   allowing the use of DOT containers is
   also consistent with the EPA's general
   objective of avoiding duplication and
   promoting consistency. The EPA has
   thoroughly evaluated the control
   requirements for DOT containers and
   has worked with DOT in developing
   these revisions. The EPA concluded that
   containers that meet applicable DOT
   requirements under 49 CFR oarts 173.
   178. 179, and 180 are equivalent in their
   overall emission reduction performance
   and therefore provide  the same levefof
   protection as do the initial requirements
   of the final subpart CC rules.
    The revised container standards for
   the subpart CC RCRA air rules establish
   three levels of air emission controL The
  control level applicable to a container is
  determined by the container design
  capacity, the total organic content of the
  hazardous waste material in the
  container, and use of the container. For
  example, containers with a design
  capacity less than or equal to 0.1 m3
  (approximately 26 gallons) are not
  subject to any requirements under the
  rule, as was the case in the 1994
  promulgated.CC rule.
    Under today's revised subpart CC
  rule. Level 1 controls are allowed for the
  following container categories (except
  when the container remains uncovered
  for waste stabilization or certain other
  treatment processes): (1) Containers
  having a design capacity greater than 0.1
  m3 and less than or equal to 0.46 m3
  (approximately 119 gallons); and (2)
 containers with a design capacity
 greater than 0.46 m3 and used to manage
 hazardous wastes that do not meet the
 definition of "in light material service"
 (i.e.. used to manage a hazardous waste
 where the vapor pressure of one or more
 of the components in the material is
 greater than 0.3 kPa at 20 °C, and the
 total concentration of the pure
 components having a vapor pressure
 greater than 0.3 kPa at 20 °C is equal to
 or greater than 20 percent by weight).
 Level 2 controls are required for
 containers with a design capacity
 greater than 0.46 m3 and used "in light
 material-service." except when the
container remains uncovered for waste
stabilization or certain other treatment
    processes. Level 3 controls are required
    for containers having a design capacity
    greater than 0.1 m3 that must remain
    uncovered for waste stabilization
    processes.
     For the containers allowed to use
    Level 1 controls, the amended rule
    requires that the hazardous waste be
    managed either: (1) In a container that
    meets the relevant DOT regulations on
   packaging hazardous materials for
   transportation under 49 CFR parts 173
    178. 179. and 180; or (2) a covered
   container that meets the requirements
   specified in the 1994 final CC rule (40
   CFR parts 264 and 265). No additional
   requirements are specified by today's
   revised final rule for containers
   complying with the applicable DOT
   regulations. In the case when an owner
   or operator elects to comply with the
   covered container requirements (i.e;,
   non-DOT containers), the container
   must be equipped with a tight-fitting
   cover that has no visible gaps, spaces,
   holes, or other openings. The rule does
   require a visual inspection when the
   cover is applied and annually thereafter,
   if the container remains in on-site
  storage for a period longer than 1 year
  No testing for detectable organic
  emissions using Method 21 is required.
  No recordkeeping and reporting are
  required under the revised final rule for
  containers using Levell'controls. The
  EPA has agreed with commenters'
  suggestions that any increases in
  enforceability of the subpart CC
  standards does not justify the expense
  and time required by an owner or
  operator to make and maintain records
  for the subpart CC regulations for
  hazardous waste in containers. The vast
  majority of containers subject to the
  subpart CG standards are not at a given
  site for more than 90 days; therefore, the
  burden associated with maintaining
  additional records (that is, in addition to
 existing records required under other
 applicable regulations, such as the
 RCRA subpart I. or DOT container
 requirements) for all containers used to ,
 store hazardous waste was deemed to be
 considerably greater than the
 recordkeeping requirements for tanks or
 surface impoundments (particularly
 when compared with the relatively low
 volume of hazardous waste, nationwide.
 that is managed in containers versus
 tanks and surface impoundments).
   For the containers required to use
 Level 2 controls, today's revised final
 rule requires that the hazardous  waste
 be managed in one of the following: (1)
 A container that meets^ the relevant DOT
 regulations on packaging hazardous
 materials for transportation under 49.
CFR parts 173. 178. 179.  and *180: or (2)
a container that operates with "no
                                                                    detectable organic emissions"; or (3) a
                                                                    container that has been demonstrated
                                                                    within the preceding 12 months to be
                                                                    vapor-tight by using Method 27.
                                                                    Specific design, operating, inspection
                                                                    and monitoring, repair, recordkeeping
                                                                    and reporting requiremehts'for
                                                                  .  containers tested using either Method
                                                                    21 °f,27 are specified in the rule.
                                                                      No additional requirements are
                                                                    specified in the final rule for containers
                                                                    complying with the applicable DOT
                                                                    regulations. However, for compliance
                                                                    with the subpart CC rules, no exceptions
                                                                    under the 40 CFR parts 178 or 179
                                                                    regulations are allowed for DOT
                                                                    containers except for lab packs meeting
                                                                    the exceptions for combination
                                                                    packaging specified in 40 CFR
                                                                    173.12(b). In addition, the EPA based its
                                                                   decision to allow use of DOT containers
                                                                   for compliance with the subpart CC
                                                                   rules on the specifications, testing
                                                                   maintenance, and other requirements
                                                                   for containers that can be reused or
                                                                   refilled under DOT regulations (the
                                                                   typwal practice at hazardous waste
                                                                   TSDF). For the purpose of complying
                                                                   with the subpart CC rules/the EPA does
                                                                   not consider it appropriate that a
                                                                  container which is a "non-reusable
                                                                  container (NRC)" or "single-trip
                                                                  container (STC)" according to DOT
                                                                  requirements, be repeatedly used while
                                                                  at the facility site (i.e.. emptied and
                                                                  refilled) for the handling of hazardous
                                                                  ***** **•)**to subpart CC rules. Before
                                                                  a uo r container can be reused, even
                                                                  within the boundaries of a facility site
                                                                  itjnust comply with the DOT
                                                                  reconditioning and reuse provisions of
                                                                  %?2S?£St%.mit*rtal* regulations in
                                                                  4y UrK 173.28.
                                                                    For the containers required to use
                                                                  Level 3 controls, the revised final rule
                                                                  requires that an open container be
                                                                  placed in an enclosure vented through
                                                                  a closed-vent system to a control device
                                                                  or a  covered container be vented
                                                                  directly to a control device. If an
                                                                  enclosure is used, the enclosure is to be
                                                                  designed in accordance .with the criteria
                                                                  tor a permanent total enclosure as
                                                                  specified in 40 CFR 52.741. Appendix
                                                                  B. Procedure T—Criteria for and
                                                                  Verification of a Permanent or
                                                                 Temporary Total Enclosure. The use of
                                                                 a permanent total enclosure and the
                                                                 design and operating criteria  for these
                                                                 enclosures are discussed further in        '
                                                                 Section G of this preamble
                                                                 2. Loading Operations

                                                                   Requirements for loading hazardous
                                                                 waste into a container are also being
                                                                 revised by today's action in response to
                                                                 the numerous comments received by
                                                                 EPA on this: topic. Under the revised
                                                                 final rule there are no requirements for

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  59948   Federal Register /  Vol.  61.  No. 228  / Monday.  November 25.  1996  /  Rules and  Regulations
  loading hazardous waste into containers
  using Level 1 controls. The rationale for
  (his is explained in the preamble to the
  February 9. 1996 technical amendments
  (see 61 FR 4909). For containers using
  Level 2 controls, the loading
  requirements have been revised to allow
  the owner or operator the flexibility to
  use any appropriate loading method that
  will minimize exposure of the   „  '
  hazardous waste to the atmosphere and
  thereby reduce organic air emissions,  to
  the extent practical considering the
  physical properties of the hazardous
  waste and good engineering and safety
  practices. Examples of container loading
  procedures that the EPA considers to
  meet these requirements include, but
  are not limited to. using a submerged-
  fill pipe or other submerged-fill method
  to load liquids into the container, or
  using a vapor-balancing or a vapor-
  recovery system to collect and control
  the vapors displaced from the container
  during filling operations.
 3. Inspection, Monitoring.
 Recordkeeping, and Reporting  '
   After consideration of the comments
 regarding the burden associated with
 certain aspects of the inspection.
 monitoring, recordkeeping. and
 reporting requirements for containers.
 and review of the effect of these
 requirements on the emission reduction
 achieved by these standards, the EPA
 has determined that tt is appropriate to
 simplify these requirements in today's
 amendments. Owners and operators of
 containers using either Container Level
 1 or Container Level 2 contrnls tn
 accordance with the provisions of the
 rule are required to visually inspect the
 container and its cover and closure
 devices to check for defects at the time
 the owner or operator first manages a
 hazardous waste in the container .or
 accepts possession of the container at
 the facility with the exception of those
 containers emptied within 24 hours of
 being received.  Also, in the case when
 a container used for managing  •
 hazardous waste remains at the facility
 for a period of 1 year or more, the
 container and its cover and closure
 devices are to be visually inspected to
 check for defects at least once every 12
 months.
  Under the revisions published here.
 there are no requirements for periodic
 Method 21 leak monitoring of
 containers. The EPA considers this
 revision appropriate, in light of the
 relatively low volume of hazardous
 waste managed  in containers, (as
compared to that volume  managed in
 tanks and surface impoundments) and
 the transitory nature of containers (i.e.
the vast majority of containers.
  nationwide, do not remain on a given
  site lo.nger than 90 days). The time and
  expense required by operators to
  perform periodic Method 21 monitoring
  on containers does not seem to be
  warranted by any anticipated increase
  in emission reductions or enforceability
  of the subpart CC standards.
   There is only one recordkeeping
  requirement and no reporting
  requirements under this rulemaking for
  containers using either Container Level
  1 or Container Level 2 controls. The
  recordkeeping requirement is to
  maintain in the facility record a copy of
  the procedure used to determine that
 containers with capacities equal to or
 greater than 0.46 m3 and do  not meet the
 applicable DOT regulations are not
 managing hazardous waste in "light
 material service."
   Information is also being added to the
 rule concerning the duration of time
 that the cover or closure devices can be"
 open for the purpose of adding
 hazardous waste to or removing
 hazardous waste from the container or
 performing other routine activities, such
 as sampling the hazardous waste in the
 container. Opening of a spring-loaded
 pressure-vacuum relief valve.
 conservation vent, or similar type of
 pressure-relief device that vents to the
 atmosphere is .allowed to maintain
 container internal pressure within
 design specifications during normal
 operating conditions, e.g.. to release
 pressure resulting from loading
 operations or diurnal temperature
 changes. Opening of a safety device, as
 defined in the rule, is allowed at any
 time conditions require it to do so to
 avoid an unsafe condition.

 /. Standards: Closed-Vent Systems and
 Control Devices
  As previously discussed in this
 preamble under the revisions to the
 subpart AA provisions for control
 devices and closed-vent systems, the
 subpart CC. control device and closed-
 vent system standards are being revised
 by today's technical amendments to
 incorporate changes so  that these
 requirements are consistent and up-to-
 date with the general decisions the EPA
 has made regarding the inspection.
 monitoring, maintenance, repair.
 malfunctions, recordkeeping, and
 reporting requirements for organic
 emission control devices and which
 have been published in other related
standards.
  In the subpart CC standards for
control devices and closed vent systems.
provisions are being added to allow up
to 240 hours per year for periods of
planned routine maintenance of a
control device during which time~the
  control device is not required to meet
  the performance requirements for
  emission reductions specified in the
  rule and to exempt control devices from
  the substantive requirements of this
  section during a control device system ,
  malfunction. Recordkeeping
  requirements for these provisions are
  also being added. This change is being
  made in response to commenters'
  statements that good engineering and air
  pollution control practices include
  maintenance of air pollution control
  equipment, and that it is reasonable to
  assume that all such equipment will
  require either maintenance or repair at
  some tune during the life of the
  equipment. The EPA is adding this
  allowance in an attempt to encourage
  good maintenance of such equipment, •
  and in recognition that if maintenance
  periods are not allowed, repair periods
  will be unavoidable: it seems more
  reasonable to encourage the former.
 while accepting that both are realities.
 The value of 240 hours has been
 selected to be consistent with other air
 regulations developed under the CAA.
 such as the HON.

 K. Inspection and Monitoring
 Requirements
   The EPA is making revisions to the
 inspection and monitoring requirements
 for the final subpart CC RCRA air rules
 to reflect the revisions to the rule
 applicability and technical requirements
 and reduce the burden of these
 requirements on owners and operators.
 These revisions are explained in more
 detail throughout the preamble, above.

 L Recordkeeping and Reporting
 Requirements
  The EPA is changing the
 recordkeeping .and reporting
 requirements for the final subpart CC
 RCRA air rules to reflect the revisions to
 the rule applicability and technical
 requirements and reduce the burden of
 these requirements on owners and
 operators. These revisions are explained
 in more detail throughout the preamble.
 above.

 V. Administrative Requirements
 A. Docket
  Six RCRA dockets contain
 information pertaining to today's
 rulemaking: (1) RCRA docket number F-
 91-CESP-FFFFF. which contains copies
 of all BID references and other
 information,related to the development
 of the rule up through proposal: (2)
 RCRA docket number F-92-CESA-
 FFFFF. which contains copies of the
supplemental data made available for
 public comment prior to promulgation:

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            Federal Register / Vol. 61. No: 228 / Monday,  November  25.  19967 RuiW-and  Regulations  59949
   (3) RCRA docket number F-94-CESF-
   FFFFF. which contains copies of all BID
   references and other information related
   to development of the final rule
   following proposal: (4) RCRA docket
   number. F-94-CE2A-FFFFF, which
.   contains information pertaining to waste
   stabilization operations performed in
   tanks: (5) RCRA docket number F-95-
   CE3A-FFFFF.. which contains1
   information about potential final rule
   revisions made available for public
   comment: and (6) RCRA docket number
   F-96-CE4A-FFFFF. which contains a
   copy of each of the comment letters
   submitted in regard to the revisions that,
   the EPA was considering for the final
   subpart CC standards. The public may
   review all materials in these  dockets at
   the EPA RCRA Docket Office.
    The EPA RCRA Docket Office is
   located at Crystal Gateway. 1235
  Jefferson Davis Highway. First Floor.
   Arlington/Virginia. Hand delivery of
   items and review of docket materials are
   made at the Virginia address. The public
  must have an appointment to review
  docket materials. Appointments can be
  scheduled by calling the Docket Office
  at (703) -603-9230. The mailing address
  for the RCRA Docket Office is RCRA
  Information Center (5305W).  401 M
  Street SW, Washington, DC 20460. The
  Docket Office is open from 9 a.m.  to 4
  p.m., Monday through Friday, except for
  Federal holidays.

  B. Paperwork Reduction Act

   The information collection
  requirements of the previously
  promulgated RCRA air rules were
  submitted to and approved by the Office
  of Management and Budget (OMB). A
  copy of this Information Collection
  Request (ICR) document (OMB control
  number 1593,02) may be obtained from
  Sandy Farmer. Information Policy
  Branch (2136); U.S. Environmental    ,
  Protection Agency: 401 M Street, SW;
  Washington. DC 20460 or by calling
  (202)260-2740.
   Today's amendments to the RCRA air
 rules should have only a minor impact
 on the information collection burden
 estimates made previously, and that
 impact is expected to be a reduction.
 The changes consist of new definitions.
 alternative test procedures,
 clarifications of requirements, and
 additional compliance options. The
• changes are not additional
 requirements, but rather, are .reductions
 in previously published requirements.
 The overall information-keeping
 requirements in the'rule are being
 reduced. Consequently, the ICR has not
.been revised.
 1  C. Executive Order 12866 Review
    Under Executive Order 12866. the
   EPA must determine whether the
   proposed regulatory action is
   "significant" and. therefore, subject to
   the OMB review and the requirements
   of the Executive Order. The Order-
   defines "significant" regulatory action
   as, one that is likely to lead to a rule that
   may:               •
    (1) Have an annual effect on the
  economy of S100 million or more or
  adversely affect in a material way the
  economy, a sector of the economy.
  productivity, competition, jobs, the
  environment; public health or safety in
  State, local, or tribal governments or
  communities:
    (2) Create a serious inconsistency or
  otherwise interfere with an action taken
  or planned by another agency:
    (3) Materially alter the budgetary
 'impact of entitlements, grants, user fees,
 , or loan programs, or the rights and
  obligations of recipients thereof; or
    (4) Raise novel legal or policy issues
  arising out of legal mandates, the
  President's priorities, or the principles
 set forth in the Executive Order.
    The RCRA Subpart CC air rules
 published on December 6. 1994, were
 considered significant under Executive
 Order 12866, and a regulatory impact
 analysis (RIA) was prepared. The
 amendments published today clarify the
 rule, provide more compliance ,
 alternatives, make certain regulatory
 provisions more lenient, and correct
 structural problems with the drafting of
 some sections. The OMB has evaluated
 this action, and determined it to be non-
 significant: thus it did not require their.
 review.
 D. Regulatory Flexibility Act
   Pursuant to section 605 (b) of the
 Regulatory Flexibility Act. 5 U.S.C.
 605(b), as amended. Pub. L. 104-121,
, 110 Stat. 847, the EPA certifies that this
 rule will not have a significant
 economic impact on a substantial
 number of small entities and therefore
 no initial regulatory flexibility analysis
 under section 604 (a) of me Act is
 required. For the reasons discussed in
 the December 6. 1994 Federal Register
 (59 FR 62923). this rule does not have
 a significant impact on a substantial
 number of small entities. The changes to
 the rule do not add new control
 requirements to the December 1994 rule.
 The amendments in fact reduce the   ,
 already-existing requirements.
 Therefore, the amendments are also not
.considered significant.
  Under 5 U.S.C. 801(a)(l)(A) as addedv
 by the Small Business Regulatory
 Enforcement Fairness Act of 1996. EPA  •
   submitted a report containing this rule
   and other required information to the
   U.-S. Senate, the U.S. House of
   Representatives and the Comptroller
   General of the General Accounting
   Office prior to publication of the rule in
   today's Federal Register. This rule is
   not a "major rule" as defined by 5
   U.S.C. 804(2) given that it amends the
   rule published in 1994 to reduce the
   extent of regulation.
   E. Unfunded Mandates

   . Urider section 202 of the Unfunded
 •  Mandates Reform Act of 1995
   ("Unfurided Mandates Act"), the EPA
   must prepare a budgetary impact
  statement to accompany any proposed
  or final rule that includes a Federal
  mandate that may result in estimated
  costs to State, local, or tribal
  governments in the aggregate, or to the
  private sector, of $ 100 million or more
  Under section 205. the EPA must select
  the most cost-effective and least
  burdensome alternative that achieves
  the objectives of the rule and is
  consistent with statutory requirements
  Section 203 requires the EPA to
  establish a plan for informing and
  advising any small governments that
  may be significantly or uniquely
  impacted by the rule.
   The EPA; has determined that the
  action promulgated today does not
  include a Federal mandate that may
  result in estimated costs of $100 million
  or more to either State, local, or tribal
  governments in the aggregate or to the
  private sector. Therefore, the
  requirements of the Unfunded Mandates
  Act do not apply to this action.
  VI. Legal Authority

   These regulations are amended under
  the authority of sections 2002. 3001-
  3007. 3010. and 7004 of the Solid Waste
 Disposal Act of 1970. as amended by
 RCRA, as amended (42 U.S.C  6921-
 6927, 6930. and 6974).

 List of Subjects
 40 CFR Part 261         ~

   Environmental protection. Air
 pollution control.
 40 CFR Part 262

   Air pollution control, Packaging and
 containers. Tank.

 40 CFR Parts 264 and 265
   Environmental protection, Air
 pollution control. Control device.
 Hazardous waste. Inspection.
.Monitoring, Packaging and containers.
 Reporting and recordkeeping
 requirements. Surface impoundment.
 Tank. TSDF. Waste determination.

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 59950  Federal Register / Vol. 61. No.  228 / Monday. November 25,. 1996 / Rules  and Regulations
 40 CFR Pan 270
   Administrative practice and
 procedure. Air pollution. Confidential
 business information. Hazardous waste.
 Permit modification. Reporting and
 recordkeeping requirements;
   Dated: October 4, 1996.
.Carol M. Browner.
 Administrator.
   For the reasons set out in the
 preamble, title 40. chapter I. parts 261.
 262.264. 265. 270. and 271 of the Code
 of Federal Regulations are amended as
 follows:

 PART 261—IDENTIFICATION AND
 LISTING OF HAZARDOUS WASTE

   la. The authority citation for part 261
 continues to read as follows:
   Authority: 42 U.S.C. 6905.6912(a), 6921.
 6922. and 6938.
   Ib. Section 261.6 is amended by
 revising paragraph (c)(l) to read as
 follows:

§261.6   Requirements for recyclable
materials.
 m    *    *    *    *
   (c)(l) Owners and operators of.
facilities that store recyclable materials
before they are recycled are regulated
under all applicable provisions of
subparts A though L, AA. BB, and CC
of parts 264 and 265. and under parts
124. 266,268, and 270 of this chapter
and the notification requirements under
section 3010 of RCRA, except as
provided in paragraph (a) of this
section. (The recycling process itself is
exempt from regulation except as
provided in §261.6(d).)
PART 262—STANDARDS APPLICABLE
TO GENERATORS OF HAZARDOUS
WASTE

  Ic. The authority citation for part 262
continues to read as follows:
  Authority: 42 U.S.C. 6906. 6912. 6922.
6923. 6925. 6937 and 6938. unless otherwise
noted.
  2. Section 262.34 is amended by
revising paragraphs (a)(l)(i) and (a)(l)(ii)
to read as follows:

§262.34 Accumulation time.
  (a) "• • •
  (1) ' * '
  (!) In containers and the generator
complles.with subpart I of 40 CFR part
265; and/or
  (ii) In tanks and the generator
complies with subpart j of 40 CFR part
265. except §§ 265.197(c) and 265.200:
and/or
 PART 264—STANDARDS FOR
 OWNERS AND OPERATORS OF
 HAZARDOUS WASTE TREATMENT.
 STORAGE, AND DISPOSAL
 FACILITIES

  3. The authority citation for part 264
 continues to read as follows:
  Authority: 42 U.S.C. 6905. 6912(a). 6924
 and 6925.

 Subpart I—Use and Management of
 Containers

  4. Section 264.179 is revised to read
 as follows:

 § 264.179  Air emission standards.
  The owner or operator shall manage
 all hazardous waste placed in a
 container in accordance with the
 applicable requirements of subparts A A,
 BB, and CC of this part.

 Subpart J—Tank Systems

  5. Section 264.200 is revised 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 applicable
 requirements of subparts AA. BB, and
 CC of this part.

 Subpart K—Surface Impoundments

  6. Section 264.232 is revised to read
 as follows:

 § 264.232 Air emission standards.
  The owner or operator shall manage
 all hazardous waste placed in a surface
 impoundment in accordance with the
 applicable requirements of subparts BB
and CC of this part

 Subpart AA—Air Emission Standards
 for Process Vents

  7. Section 264.1030 is amended by
 revising paragraph (b); and removing the
 refererence "262.34" from the note at
 the end of the section to read as follows:

 §264.1030  Applicability.
  (b) Except for § 264.1034, paragraphs
(d) and (e). this subpart applies to
process vents associated with
distillation, fractionation. thin-film
evaporation, solvent extraction, or air or
steam stripping operations that manage
hazardous wastes with organic
concentrations of at least 10 ppmw.-if
these operations are conducted in one of
the following:
  (1) A unit that is subject to the
permitting requirements of 40 CFR part
270. or
   (2) A unit (including a hazardous
 waste recycling unit) that is not exempt
 from permitting under the provisions of
 40 CFR 262.34(a)  (i.e.. a hazardous
 waste'recycling unit that is not a 90-day
 tank or container) and that is located at.
 a hazardous waste management facility
 otherwise subject to the permitting
 requirements of 40 CFR part 270; or
   (3) A unit that is exempt from
 permitting under the provisions of 40
 CFR 262.34(a) (i.e.. a 90-day tank or
 container).
 *    *     *    * •   *
  8. Section 264.1033 is amended by
 revising paragraph (f)(2)(vi)(B);
 redesignating paragraphs (1) and (m) as
 paragraphs (m) and (n) and revising the
 newly designated paragraph (n); by
 revising paragraph (k): and by adding
 paragraphs (1) and (o) to read as follows:

 §264.1033  Standards: Closed-vent
 systems and control devices
  (vi) * * *
  (B) A temperature monitoring device
equipped with a continuous recorder.
The device shall be capable of
monitoring temperature with an
accuracy of ±1 percent of the
temperature being monitored in degrees
Celsius ("C) or±0.5 "C, whichever is
greater. The temperature sensor shall be
installed at a location in the exhaust
vent stream from the condenser exit
(i.e.. product side).
*''   *    *    *    «
  (k) A closed-vent system shall meet
either of the following design
requirements:
  (1) A closed-vent system shall be
designed to operate with no detectable
emissions, as indicated by an
instrument reading of less than 500
ppmv above background as determined
by the procedure in § 264.1034 (b) of this
subpart, and by visual  inspections: or
  (2) A closed-vent system shall be
designed to operate at a pressure below
atmospheric pressure. The system shall
be equipped with at least one pressure
gauge or other pressure measurement
device that can be read-from a readily
accessible location to verify that
negative pressure is being maintained in
the closed-vent system when the control
device is operating.
  0). The owner or operator shall
monitor and inspect each closed-vent
system required to comply with this
section to ensure proper operation and
maintenance of the closed-vent system
by implementing the following
requirements:
  (l) Each closed-vent system that is
used to comply with paragraph (k)(l) of

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            Federal  Register /Vol. 61. No. 228 / Monday, November 25
                                       1996
   this section shall be inspected and
   monitored in'accprdance with the
   following requirements:
     (i)  An initial leak detection
   monitoring of the closed-vent system
   shall be conducted by the owner or
•   operator on or before the date that the
   system becomes subject to this section.
   The owner or operator shall monitor the
   closed-vent system components and
   connections using the procedures
   specified in §264.1034(b) of this subpart
   to demonstrate that the closed-vent
   system operates with no detectable
   emissions, as indicated by an
   instrument reading of less than 500
   ppmv above background.
    (ii)  After initial leak detection
   monitoring required in paragraph
   (0(1) (i) of this section, the owner or
   operator shall inspect and monitor the
   closed-vent system as follows:
    (A)  Closed-vent system joints, seams,
   or other connections that are
   permanently or semi-permanently
  sealed (e.g., a welded joint between two
  sections of hard piping or a bolted and
  gasketed ducting flange) shall be
  visually inspected at least once per year
  to check for defects that could result in
  air pollutant emissions. The owner or
  operator shall monitor a component or
  connection using the procedures
  specified in § 264.-I034(b) of this subpart
  to demonstrate that it operates with no
  detectable emissions following any time
  the component is repaired or replaced
  (e.g., a section of damaged hard piping
  is replaced with new hard piping) or the
  connection is unsealed (e.g.,  a flange is
  unbolted).
   (B) Closed-vent system components or
 connections other than those specified
 in paragraph (l)(D(ii)(A) of this section
 shall be monitored annually and at
 other times as requested by the Regional
 Administrator, except as provided for in
 paragraph (o) of this section, using the
 procedures specified in § 264.1034 (b) of
 this subpart to demonstrate that the
 components or connections operate
 with no detectable emissions.
   (iii) In the event that a defect or leak
 is detected, the owner or operator shall
 repair the defect or leak in acqordance
 with the requirements of paragraph
 (I) (3) of this section.        •
   (iv) The owner or operator shall
 maintain a record of the inspection and
 monitoring in accordance with the
.requirements specified in §264.1035 of
this subpart.             .:''-.
   (2) Each closed-vent system that is
used to comply with paragraph (k)(2) of
this section shall be inspected and
monitored in accordance with the
following requirements:
   (i) The closed-vent system shall be  '
visually inspected by the owner or
   operator to check for defects that could
   result in air pollutant emissions. Defects
   include, but are not limited to. visible
   cracks, holes, or gaps in ductwork or
   piping or loose connections.
     (ii) The owner or operator shall
   perform an initial inspection of'the
   closed-vent system on or before the date
   that the system becomes subject to this
   section. Thereafter, the owner,or
   operator shall perform the inspections at
   least once every year.
     (iii) In the event that a defect or leak
   is detected, the owner or operator shall
   repair the defect in accordance with the
   requirements of paragraph (1) (3) of this
  section.     •
     (iv) The owner or operator shall
   maintain a record of the inspection and
  monitoring in accordance with the
  requirements specified in § 264.1035 of
  this subpart.
    (3) The owner or operator shall repair
  all detected defects as follows:
    (i) Detectable emissions, as indicated
  by visual inspection, or by an
  instrument reading greater than 500
  ppmv above background, shall be
  controlled as soon as practicable, but
  not later than 15 calendar days after the
  emission is detected, except as provided
  for in paragraph (l)(3)(iii) of this section.
   '(ii) A first attempt at repair shall be
  made no later than 5 calendar days after
  the emission is detected.
   (iii) Delay of repair of a closed-vent
  system for which leaks have been
  detected is allowed if the repair is
  technically infeasible without a process
  unit shutdown^or if the owner or
  operator determines that emissions
  resulting from immediate repair would
  be greater than the fugitive emissions
 likely to result from delay of repair.
 Repair of such equipment shall be
 completed by the end of the next
 process unit shutdown.
   (iv) The owner or operator shall
 maintain a.recbrd of the defect repair in
 accordance with the requirements
 specified in § 264.1035 of this subpart.
   (m) Closed-vent systems and control
 devices used to comply with provisions
 of this subpart shall be operated, at all
 times when emissions may be vented to
 them.
  . (n) The owner or operator using a
 carbon adsorption system to control air
 pollutant emissions shall document that
 ail carbon that is a hazardous waste and
 that  is removed from the control device
 is managed in one of the following
 manners, regardless of the average
volatile organic concentration of the
carbon:'   '
  (1) Regenerated or reactivated in a
thermal treatment unit that meets one of
the following:
        Rules and  Regulations
     (i) The owner or operator of the unit
   has been issued a final permit under 40
   CFR part 270 which implements the
   requirements of subpart X of this oarr
   or                            r   '
     (ii) The unit is equipped with and
   operating air emission controls in
   accordance with the applicable
   requirements of subparts A A and CC of
   either this part or of 40 CFR cart 265-
   or
     (iii) The unit is equipped with and
   operating air emission controls in
   accordance with a national emission
   standard for hazardous air pollutants
   under 40 CFR part 61 or 40 CFR part 63
     (2) Incinerated in a hazardous waste "
   incinerator for which the owner or
   operator either: •      "      '     •
     (i) Has been issued a final permit
   under 40 CFR part 270 which
  implements the requirements of subpart
   Oof this parr, or                 -
    (ii) Has designed and operates the
   incinerator in accordance  with the
  interim status requirements of 40 CFR
  part 265. subpart O.
    (3) Burned in a bo iler or industrial
  furnace for which the owner or operator
  either
    (i) Has been issued a final permit
  under 40 CFR part 270 which
  implements the requirements of 40 CFR
  part 266. subpart H: or
   (ii) Has designed and operates the
  boiler or industrial furnace in
  accordance with the interim status
  requirements of 40 CFR part 266
  subpart H.
   (o) Any components of a closed-vent
  system that are designated, as described
  in § 264.1035(c)(9) of this subpart, as
  unsafe to monitor are exempt from the
  requirements of paragraph d)(l)(ii)(B) of
  this section if:   .
   (1) The owner or operator of the
 closed-vent system determines that the
 components of the closed-vent system
 are unsafe to monitor because
 monitoring personnel would be exposed
 to ah immediate danger as a
 consequence of complying with
 paragraph (l)U)(ii)(B) of this section-
 and
,   (2) The owner or operator of the
 closed-vent system adheres to a written
 plan that requires monitoring the
closed-vent system components using
JhfiK^f11? specified in paragraph
 (l)(l)(u)(B) of this section as frequently
as practicable during safe-to-monitor
times.
   9.  Section 264.1034 is amended by
revising paragraph (b). introductory text.
to read as follows:

§ 264.1034  Test methods and procedures;
  (b) When a closed-vent system is
tested for compliance with no detectable

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 59952  Federal  Register / Vol. 61. No.  228 / Monday, November  25,  1996 /  Rules and  Regulations,
 emissions, as required in § 264.1033(1)
 of (his subpart. the test shall comply
 with the following requirements:
 «««**.
   10. Section 264.1035 is amended by
 adding paragraphs (c)(9) and (c)(10) and
 revising paragraph (d) to read as  ,
 follows:
 §264.1035  Recordkeeping requirements.
 m    *    m    *    m
   fc) « « "
   (9) An owner or operator designating
 any components of a closed-vent system
 as unsafe to monitor pursuant to
 § 264.1033(o) of this subpart shall
 record in a log that is kept in the facility
 operating record the identification of
 closed-vent system components that are
 designated as unsafe to monitor in
 accordance with the requirements of ,
 § 264.1033(o) of this subpart, an
• explanation for each closed-vent system
 component stating why the closed-vent
 system component is unsafe to  monitor.
 and the plan for monitoring each closed-
 vent system component.
   (10) When each leak is detected as
 specified in §264.10330) of this
 subpart. the following information shall
 be recorded:
   (i) The instrument identification
 number, the closed-vent system-
 component identification number, and
 the operator name, initials, or
 identification number.
   (ii) The date the leak was detected
 and the date of first attempt to repair the
 leak.
   (ill) The date of successful repair of
 the leak.
   (iv) Maximum instrument reading
 measured by Method 21  of 40 CFR part
 60, appendix A after it is successfully
 repaired or determined to be
 nonrepairable.
   (v) "Repair delayed" and the  reason
 for the delay if a leak is not repaired
 within 15 calendar days  after discovery
 of the leak.
   (A) The ow.ner or operator may
 develop a written procedure that
 identifies the conditions that justify a
 delay of repair. In such cases, reasons
 for delay of repair may be documented
 by citing the relevant sections of the
 written procedure.
   (B) If delay of repair was caused by
 depletion of stocked parts,  there must be
 documentation that the spare parts were
 sufficiently stocked on-site before
 depletion and the reason for depletion. •
   (d) Records of the  monitoring,
 operating, and inspection information
 required by paragraphs (c)(3) through
 (c)(10) of this section shall  be
 maintained by the owner or operator for
 at least 3 years following the date of
 each occurrence, measurement.
 maintenance, corrective action, or
 record.
 Subpart BB—Air Emission Standards
 for Equipment Leaks

   11. Section 264.1050 is amended by
 revising paragraph (b), adding paragraph
 (f), and by removing the reference-
 "262.34" from the note at the end of the
 section to read as follows:

 §264.1050  Applicability.
 *     *     *     *     *
   (b) Except as provided in
 § 264.1064(k), this subpart applies to
 equipment that contains or contacts
 hazardous wastes with organic
 concentrations of at least 1.0 percent by
 weight that are  managed in one of the
 following: '
   (1) A unit Chat is subject to the
 permitting requirements of 40 CFR part
 270. or
   (2) A unit (including a hazardous
 waste recycling unit) that is not exempt
 from permitting under the provisions of
 40 CFR 262.34(a) (i.e., a hazardous
 waste recycling unit that is not a "90-
 day" tank or container) and that is
 located at a hazardous waste
 management facility otherwise subject
 to the permitting requirements of 40
 CFR part 270, or
   (3) A unit that is exempt from
 permitting under the provisions of 40
 CFR 262.34(a) (Le.. a "90-day" tank or
 container).
 ****'*       •      ~
   (f) Equipment that contains or
 contacts hazardous waste with an
 organic concentration of at least 10
 percent by weight for a period of less
 than 300 hours per calendar year is
 excluded from the requirements of
 §§ 264.1052 through 264.1060 of this
 subpart if it is identified as required in
 § 264.1064(g)(6) of this subpart.
•  12. Section 264.1055 is revised to read
 as follows:

 §264.1055  Standards: Sampling
 connection systems.
   (a) Each sampling connection system
 shall be equipped with a closed-purge.
 closed-loop, or closed-vent system. This
 system shall collect the sample purge
 for return to the process or for routing
 to the appropriate treatment system.
 Cases displaced during filling of the
 sample container are not required to be
 collected or captured.
   (b) Each closed-purge, closed-loop, or
 closed-vent system as required in
 paragraph (a) of this section shall meet
 one of the following requirements:
   (1) Return the purged  process fluid
 directly to the process line:
   (2) Collect and recycle the purged
 process fluid: or
   (3) Be designed and operated to
 capture and transport all the purged
 process fluid to a waste management
 unit that complies with the applicable
 requirements of § 264.1084 through
 §264.1086 of this subpart or a control
 device that complies with the •
 requirements of §264.1060 of this
 subpart.
   (c) In-situ sampling systems and
 sampling systems without purges are
 exempt from the requirements of
 paragraphs (a) and (b) of this section.
   13. Section 264.1058 is amended by
 adding paragraph (e) to read as follows:

 § 264.1058  Standards; Pumps and valves
 in heavy liquid service, pressure relief
 device's in light liquid or heavy liquid
 service, and flanges and other connectors.
 *****
   (e) Any connector that is inaccessible
 or is ceramic or ceramic-lined (e.g.,
 porcelain, glass, or glass-lined) is
 exempt from the monitoring
 requirements of paragraph (a) of this
 section and from the recordkeeping
 requirements of § 264.1064 of this
 subpart.
   14. Section 264.1064 is amended by
 adding paragraph (g)(6) to read as
 follows:

 §264.1064  Recordkeeping requirements.
 *  • , *    *    ,*    *
   (g)'* * *
   (6) Identification, either by list or
 location (area or group) of equipment
 that contains or contacts hazardous
• waste with an organic concentration of
 at least 10 percent by weight for a
 period of less than 300 hours per year.
 Subpart CC—Air Emission Standards
 for Tanks, Surface Impoundments, and
 Containers

   15. Section 264.1080 is.amended by
 adding paragraphs (b)(7) and (b)(8) to
 read as follows:

 §264.1080  Applicability.
 **'*#*
   (b) " * •
   (7) A hazardous waste management
 unit that the owner or operator certifies
 is equipped with and operating.air
 emission controls in accordance with
 the requirements of an applicable Clean
 Air Act regulation codified under 40
 CFR part 60. part 61, or part 63. For the
 purpose of complying with this
 paragraph, a tank for which the air
 emission control includes an enclosure,
 as opposed to a cover, must be in
 compliance with the enclosure and
 control device requirements of

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            Federal  Register
           ——•-•'••••^•^•••^

   .§264.1084(0. except as provided in
   § 264.1082 (c) (5).
     (8) A tank that has a process vent as
   defined in 40 CFR 264.1031.
   **.***.     ,
     16. Section 264.1082 is revised to read
   as follows:

 ,§264.1082  Standards: General.
     (a) This section applies to the
   management of hazardous waste in
   tanks, surface impoundments, and
   containers subject to this subpart.
    (b) The owner or operator shall
   control air pollutant emissions from
   each waste management unit in
   accordance with standards specified in
   § 264.1084, through § 264.1087 of this
   subpart. as applicable to the waste
   management unit, except as provided
   for in paragraph  (c) of this section.
    (c) A tank, surface impoundment/or
   container is exempt from standards
 • specified in §264.1084 through     :
  § 264.1087 of this subpart. as applicable.
  provided that the waste management
  unit  is one of the following?
    (1) A tank, surface impoundment, or
  container for which all hazardous waste
  entering the unit has an average VO
  concentration at the  point of waste
  origination of less than 500 parts per
  million by weight (ppmw). The average1
  VO concentration shall be determined
  using the procedures specified in   -
  § 264.1083(a) of this subpart. The owner
  or operator shall review and update, as
  necessary, this determination at least
 once  every 12 months following the date
 of the initial determination for the
 hazardous waste streams entering the
 unit
   (2)  A tank, surface  impoundment, or
 container for which the organic content
 of all  the hazardous waste entering the
 waste management unit has been
 reduced by an organic destruction or
 removal process that achieves, any one
' of the following conditions:
   (i) A process that removes .or destroys
 the organics contained in the hazardous
 waste to a level such that the average
 VO concentration  of the hazardous
 waste at the point of waste treatment is
 less than the exit concentration limit
, (CJ established for the process. The
 average VO concentration of the
 hazardous waste at the pqint of waste
 treatment and the exit concentration
 limit for the process shall be determined
 using the procedures'specified in
§ 264.1083(b) of this subpart.
   (ii) A process that removes or destroys
the organics contained in the hazardous
waste  to a level such that the organic  '
reduction .efficiency (R) for rhe process
is equal to or greater than 95 percent.
and the average VO concentration of the
hazardous waste at.the point of waste
             Monday. November  25.  1996  /  Rules and  Regulations  59853
   treatment is less than 100 ppmw. The
   organic reduction efficiency for the
   process and the average VO
   concentration of the hazardous waste at
   the point of waste treatment shall be
   determined using the procedures •
   specified in § 264.1083(b) of this
   subpart.        '   '
    (iii) A process that removes or
   destroys the organics contained  in the-
   hazardous waste to a level such  that the
   actual organic mass removal rate (MR)
   for the process is equal to or greater than
   the required organic mass removal rate
   (RMR) established for the process. The
  required organic mass removal rate and
  the actual organic mass removal rate for
  the process shall be determined using
  the 'procedures specified in
  §264.1083(b) of this subpart.
    (iv) A biological process that destroys
  or degrades the organics contained in
  the hazardous waste, such that either of
  the following conditions is met:
    (A) The organic reduction efficiency
  (R) for the process is equal to or greater
  than 95 percent, and trie organic
  biodegradation efficiency (Rbio) for the.
  process is equal to or greater than 95
  percent. The organic reduction
  efficiency and the organic
  biodegradation efficiency for the  process
  shall be determined using the
  procedures specified in § 264.1083(b) of
  this subpart.
 .   (B) The total actual organic mass
  biodegradation rate (MRWo) 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
 §264.1083(b) of this subpart.
   (v) A process that removes or destroys
 the organics contained in the hazardous
 waste and meets all of the following
 conditions:
   (A), From the point of waste  .
 origination through the point where  the
 hazardous waste enters the treatment
 process, the hazardous waste is
 managed continuously in waste
 management units which use air
 emission controls in accordance with
 the standards specified in § 264.1084
 through § 264.1087 of this subpart, as
 applicable to the waste management
 unit.                  ,
   (B) From the point of waste
 origination through the point where the
 hazardous waste enters the treatment
 process, any transfer of the hazardous .
 waste is accomplished through
 continuous hard-piping or other closed
system transfer that does not allow
exposure of the waste to the
atmosphere. The EPA considers a drain
   system that meets the requirements of
   40 CFR part 63, subpart RR—National
   Emission Standards for Individual' Drain
   Systems to be a closed system.
     (C) The average VO concentration of
   the hazardous, waste at the point of
   waste treatment is less than the lowest
   average VO  concentration at the point of
   waste origination determined for each of
   the individual waste streams entering
   the process or 500 ppmw. whichever
   value is lower. The average VO
   concentration of each individual waste
   stream at the point of waste origination
   shall be determined using the
   procedures specified in § 264.1083(a) of
   this subpart. The average VO
   concentration of the hazardous waste at
   the point of waste treatment shall be
   determined using the procedures
  specified in § 264.1083(b) of this
  subpart.
    (vi)  A process that removes or
  destroys the organics contained in the
  hazardous waste to a level such that the
  organic reduction efficiency (R) for the
  process is equal to or greater than 95
  percent and the owner or operator
  certifies that  the average VO
  concentration at the point of waste
  origination for each of the individual
  waste streams entering the process is
  less than 10.000 ppmw. The organic
  reduction efficiency for the process and
  the average VO concentration of the
  hazardous waste at the point of waste
  origination shall be determined using
  the procedures specified in
  §264.1083(b) and §264.1083(a) of this
  subpart. respectively.
   (vii) A hazardous waste incinerator
  for which the owner or operator has
  either                     ,
   (A) Been issued a final permit under
  40 CFR part 270 which implements the
 requirements of subpart O of this part-
 or
   (B) Has designed and operates the
 incinerator in accordance with the
 interim status requirements of 40 CFR
 part 265. subpart O.
   (viii)  A boiler or industrial furnace for
 which the owner or operator has either
   (A) Been issued a final permit under
 40 CFR  part 270 which implements the
 requirements of 40 CFR part 266.
 subpart H. or
   (B) Has designed and operates the
 boiler or industrial furnace in
 accordance with the interim status
 requirements of 40  CFR part 266
 subpart H.
   (ix) For the purpose of determining
 the performance of an organic
 destruction or  removal process in
 accordance with the conditions in each
 of paragraphs (c) (2) (i). through (c)(2)(vi)
 of.this section, the owner or operator
shall account for VO concentrations

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  59954  Federal Register / Vol. 61.  No. 228. / Monday. November 25, 1996  /  Rules and  Regulations
  determined to be below the limit of
  detection of the analytical method by
  using the fbllowing'VO concentration:
    (A) If Method 25D in 40 CFR part 60.
  appendix A is used for the analysis.
  one-half the blank value determined in
  the method.
    (B) If any other analytical method is
  used, one-half the limit of detection
  established for the method.
    (3) A tank used for biological
  treatment of hazardous waste in
  accordance with the requirements of
  paragraph (c)(2)(iv) of this section.
    (4) A tank, surface impoundment, or
  container for which all hazardous waste
  placed in the unit either.
    (i) Meets the numerical concentration
  limits for organic hazardous
  constituents, applicable to the
  hazardous waste, as specified in 40  CFR
  part 268—Land Disposal Restrictions
  under Table 'Treatment Standards for
  Hazardous Waste" in 40 CFR 268.40: or
    (ii) Has been treated by the treatment
  technology established by EPA for the
  waste in 40 CFR 268.42(a). or treated by
 an equivalent method of treatment
 approved by EPA pursuant to 40 CFR   .
 268.42(b).
   (5) A tank used for bulk feed of
 hazardous waste to a waste incinerator
 and all of the following conditions are
 met:
   (i) The tank is located inside an
 enclosure vented to a control device that
 is designed and operated in accordance
 with all applicable requirements
 specified under 40 CFR part 61. subpart
 FF—National Emission Standards for
 Benzene Waste Operations for a facility
 at which the total annual benzene
 quantity from the facility waste is equal
 to or greater than 10 megagrams per
 year.
   (li) The enclosure and control device
 serving the tank were installed and
 began operation prior to November 25 -
 1996 and
   (iii) The enclosure is designed and
 operated in accordance with the criteria
 for a permanent total enclosure as "
 specified in "Procedure T—Criteria for
 and Verification of a Permanent or
 Temporary Total Enclosure" under 40
 CFR 52.741. appendix B. The enclosure
 may have permanent or temporary
 openings to allow worker access:
 passage of material into or out of the
 enclosure by conveyor, vehicles, or
 other mechanical or electrical
 equipment: or to direct air flow into the
 enclosure. The owner or operator shall
 perform the verification procedure for
 the enclosure as specified in Section  5.0
 to "Procedure T—Criteria for and
 Verification of a Permanent or
Temporary Total Enclosure" annually.
    (d) The Regional Administrator may
  at any time perform or request that the
  owner or operator perform a waste
  determination for a hazardous waste ,
  managed in a tank, surface
  impoundment, or container exempted
  from using air emission controls under
  the provisions of this section as follows:
    (1) The waste determination for
  average VO concentration of a
  hazardous waste at the point of waste
  origination shall be performed using
  direct measurement in accordance with
  the applicable requirements of
  §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)
  o'f this subpart.                    ,
   (2) In performing a waste
  determination pursuant to paragraph
  (d)(l) of this section, the sample
  preparation and analysis shall be
 conducted as follows:
   (i) In accordance with the method
 used by the owner or operator to '
 perform the waste analysis, except in
 the case specified in paragraph (d)(2)(ii)
 of this section.            ,
   (ii) If the Regional Administrator
 determines that the method used by the
 owner or operator was not appropriate
 for the hazardous waste managed in the
 tank, surface impoundment, or
 container, then the Regional
•Administrator may choose an
 appropriate method.
   (3) In a case when the owner or
 operator is requested to perform the
 waste determination, the Regional
 Administrator may elect to have-an
 authorized representative observe the
 collection of the hazardous waste
samples used for the analysis.
   (4) In a case when the results of the
waste determination performed or •
requested by the Regional Administrator
do not agree with the results of a waste
determination performed by the owner
or operator using knowledge of the
waste, then the results of the waste
determination performed in accordance
with the. requirements of paragraph
(d)(l) of this section shall be used to
establish compliance with  the
requirements of this subpart,
  (5) In a case when the owner or
operator has used an averaging period
greater than  1 hour for determining the
average VO concentration of a
hazardous waste at the point of waste
origination, the Regional Administrator •
may elect to  establish compliance with
this subpart by performing  or, requesting
that the owner or operator perform a
waste determination using  direct
measurement based on waste samples
  collected within a 1 -hour period as
  follows:
    (i) The average VO concentration of
  the hazardous waste at the point of
  waste origination shall be determined
  by direct measurement in accordance
  with the requirements of § 264.1083(a)
  of this subpart.
    (ii) Results of the waste determination
  performed or requested by the Regional
  Administrator snowing that the average
  VO concentration of the hazardous
  waste at the point of waste origination
  is equal to or greater than 500 ppmw
  shall constitute noncompliance with
  this subpart except in a case as provided
  for in paragraph (d)(5)(iii) of this
  section.
    (iii) For the case when the average VO
  concentration of the hazardous waste at
  the point of waste origination
  previously has been determined by the
  owner or operator using an averaging
  period greater than 1 hour to be less
  than 500 ppmw but because of normal
  operating process variations the VO
  concentration of the hazardous waste
  determined by direct measurement for
 any given 1-hour period may be equal
  to or greater than 500 ppmw.
  information that was used by the owner
 or operator to determine the average VO
 concentration of the hazardous waste
 (e.g.. test results, measurements.
 calculations, and other documentation)
 and recorded in the facility records in
 accordance with the requirements of
 §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.
   17. Section 264.1083 is revised to read
 as follows:

 §264.1083 Waste determination
 procedures.
   (a) Waste determination procedure to
 determine average volatile organic (VO)
 concentration o,f 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 §264.1082(c)(l) of this
subpart from using air emission controls
 in accordance with standards specified
 in §264.1084 through §264.1087 of this
subpart. as applicable to the waste
management unit.
  (2) The average VO concentration  of a
hazardous waste at the point of waste
origination may be determined in
accordance with the procedures

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            Federal Register / Vol.,  61.  No. 228 / Monday.  November 25. 1996 / Rules and  Regulations  5
   specified in 40 CFR 265.1084 (a)(2)
   through (a)(4).
     (b) Waste determination procedures
   for treated hazardous waste. •
     , (1) An owner or operator shall
   perform the applicable waste
   determination for each treated
   hazardous waste placed in a waste
   management unit exempted under the
   provisions of § 264.1082(c) (2) of this
   subpart from using air emission controls
   in accordance with standards specified
   in § 264.1084 through § 264.1087 of this
   subpart. as applicable to the waste
  management unit.
     (2) The waste determination for a
  • treated hazardous waste shall be
 , performed in accordance with the
   procedures specified in 40 CFR
   265.1084 (b)(2) through (b)(9). as
   applicable to the treated hazardous
   waste.                         *   .'  •
     (c) Procedure to determine the
   maximum organic vapor pressure of a
   hazardous waste in a tank.
    (1) An owner or operator shall
  determine the maximum organic vapor
  pressure for each hazardous waste
  placed in a tank using Tank Level i
  controls in accordance with standards
  specified in §264.1084 (c) of this
  subpart.
    (2) The maximum organic vapor
  pressure of the hazardous waste may be
  determined in accordance with the
  procedures specified in 40 CFR
  265.1084 (c)(2) through  (c)(4).
   (d) The procedure for determining no
  detectable organic  emissions for the
  purpose of complying with this subpart
 shall.be conducted in accordance with
 the procedures specified in 40 CFR
 265.1084(d).
   18. Section 264.1084 is revised to read
 as follows:
                                                                        59955
 §264.1084  Standards: Tanks.
   (a) The provisions of this section
 apply to the control of air pollutant
 emissions from tanks for which
 §264.1082(b) of this subpart references
 the use of this section for such air
 emission control.
   (b) The owner or operator shall ,
 control air pollutant emissions from
, each tank subject to this section in
 accordance with the following
 requirements as applicable:
   (I) For a tank that manages hazardous
 waste that meets all of the conditions
specified in paragraphs (b)(l)(i) through
 (b)(I)(iii) of this section, the owner or
operator shall control air pollutant
emissions from the tank in accordance
with the Tank Level I controls specified
in paragraph (c) of this section or the
Tank Level 2 controls specified in
paragraph (d) of this section.
     (i) The hazardous waste in the tank
   has'a maximum organic vapor pressure
   which is less than the maximum organic
   vapor pressure limit for the tank's
   design capacity category as follows:
     (A) For a tank design  capacity equal
   to or greater than 151 m3, the maximum
   organic vapor pressure limit for the tank
   is5.2kPa.
     (B) For a tank design capacity equal
   to or greater than 75 m3 but less than
   151  m3, the maximum organic vapor
   pressure limit for the tank is 27.6 kPa.
     (C) For a tank design capacity less
   than 75 m3, the maximum organic vapor
   pressure limit for the tank is 76.6 kPa.
     .(ii) The hazardous waste in the tank
   is not heated by the owner or operator
   to a  temperature that is greater than the
   temperature at which the maximum
   organic vapor pressure of the hazardous
   waste is determined for the purpose of
   complying with paragraph (b)'(l) (i) of
   this section.
    (iii) The hazardous waste in the tank
  is not treated by the owner or operator
  using a waste stabilization process, as
  defined in 40 CFR 265.1081.
    (2) For a tank that manages hazardous
  waste that does not meet all of the
  conditions specified in paragraphs
  (b)(l)(i) through (b)(l)(iii) of this
  section, the owner or operator shall
  control air pollutant emissions from the
  tank by using Tank Level 2 controls in
  accordance with the requirements of
  paragraph (d) of this section. Examples
  of tanks required to use Tank Level 2
  controls include: A tank used for a
  waste stabilization process: and a tank
  for which the hazardous waste in the
  tank has a maximum organic vapor
  pressure that is equal to or greater than
  the maximum organic vapor pressure
  limit for the tank's design capacity
 category as specified in paragraph
  (b)(l)(i) of this section.
   (c) Owners and operators controlling
 air pollutant emissions from a tank
 using Tank Level 1 controls shall meet
 the requirements specified in
 paragraphs (c)(l) through (c)(4) of this
 section:
   (1) The owner or operator shall
 determine the maximum organic vapor
 pressure fora  hazardous waste to be
 managed in the tank using Tank Level
 1 controls before the first time the
 hazardous waste is placed  in the tank.
 The maximum organic vapor pressure
 shall be determined using the
 procedures specified in § 264.1083(c) of
 this subpart. Thereafter, the owner or
 operatoi; shall perform a riew
 determination whenever changes to the
 hazardous waste managed in the tank
could potentially cause the maximum
organic vapor pressure to increase to a
level that is equal to or greater than the
    maximum organic vapor pressure limit
    for the tank design capacity category
    specified in paragraph (b)(l)(i) of this
    36"'on. as applicable to the tank.
     (2) The tank shall be equipped with
    a fixed roof designed to meet the
    following specifications:
     (i) The fixed roof and its closure
    devices.shall be designed to form a
   continuous barrier over the entire
   surface area of the hazardous waste in
   the tank. The fixed roof may be a
   separate cover installed on the tank
   (e.g., a removable cover mounted on an
   Open-top tank) or may be an integral
   part of the tank structural design (e g
   a horizontal cylindrical tank equipped
   with a hatch).                  HH
    (ii) The fixed roof shall be installed in
   a manner such that there are no visible
   cracks, holes, gaps, or other open spaces
   between roof section joints or between
   the interface of the roof edge and the
   tank wall.
    (iii) Each opening in the fixed roof
  shall  be either:
   _ (A) Equipped with a closure device
  designed to operate such that when the
  closure device is secured in the closed
  position there are no visible cracks
  holes, gaps, or other open spaces in the
  closure device or between the perimeter
  of the opening and the closure device-
  or;          •   '    •
    (B) Connected by a closed-vent system
  that is vented to a control device. The
  control device shall remove or destroy
  organics in the vent stream, and it shall
  be operating whenever hazardous  waste
  is managed in the tank.
    (iv) The fixed roof and its closure
  devices shall be made of suitable
  materials that will minimize exposure of
  the hazardous waste to the atmosphere
  to the extent practical, and will
  maintain the integrity of the fixed roof
 and closure devices throughout their
 intended service life. Factors to be
 considered when selecting the materials
 for and designing the fixed roof and
 closure devices shall include: Organic
 vapor permeability, the effects of any
 contact with the hazardous waste or its
 vapors  managed in the tank: the effects
 of outdoor exposure to wind, moisture
 and sunlight: and the operating
 practices used for the tank on which the
 fixed roof is installed.
   (3) Whenever a hazardous waste is in-
 the tank, the fixed roof shall be installed   '
 with each closure device secured in the
 cl°**d  position except as follows:
   W Opening of closure devices or
 removal of ihe fixed roof is allowed at
 the following times:
  (A) To provide access to the tank  for
performing routine inspection.
maintenance, or other activities needed
for normal operations. Examples of such

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  59956   Federal Register  / Vol. 61. No.  228 / Monday. November  25.  1996  /  Rules and  Regulations
  activities include those times when a
  worker needs to ope'n a port to sample
  the liquid in the tank, or when a worker
  needs to open a hatch to maintain or
  repair equipment. Following completion
  of the activity, the owner or operator
  shall promptly secure the closure device
  in the closed position or reinstall the
  cover, as applicable, to the tank.
   (B) To remove accumulated sludge or
  other residues from the bottom of tank.
   (ii) Opening of a spring-loaded
  pressure-vacuum relief valve.
  conservation vent, or similar type of
  pressure relief device which vents to the
  atmosphere is allowed during normal
  operations for the purpose of
  maintaining the tank internal pressure
  in accordance with the tank design
  specifications. The device shall be
  designed to operate with no detectable
  organic emissions when the device is
  secured in the closed position. The
  settings at which the device opens shall
  be established such that the device
  remains in the closed position whenever
  the tank internal pressure is within the
  internal pressure operating range
  determined by the owner or operator
  based oh the tank manufacturer
  recommendations, applicable
  regulations, fire protection and
  prevention codes, standard engineering
  codes and practices, or other
  requirements for the safe handling of
  flammable, ignitable, explosive.
  reactive, or hazardous materials.
  Examples of normal operating
  conditions that may require these
  devices to open are during those times
 when the tank internal pressure exceeds
  the Internal pressure operating range for
  the tank as a result of loading operations
 or diurnal ambient temperature
  fluctuations.
   (ili) Opening of a safety device, as
 defined in 40 CFR 265.1081, is allowed
 at any time conditions require doing so
 to avoid an unsafe condition.
   (4) The owner or operator shall
 inspect the air emission control
 equipment-in accordance with the
 following requirements.
   (i) The fixed roof and its closure
 devices shall be visually inspected by
 the owner or operator to check for
 defects that could result in air pollutant
 emissions. Defects include,  but are not
 limited to, visible cracks, holes, or gaps
  in the roof sections or between the roof
 and the tank wall: broken, cracked, or
 otherwise damaged seals or gaskets on.
 closure devices: and broken or missing
 hatches, access covers, caps, or other
•. closure devices.
   (ii) The owner or operator shall
 perform an initial inspection of the .
 fixed roof and its closure devices on or
 before the date that the tank becomes
 subject to this section. Thereafter, the
 owner or operator shall perform the
 inspections at least once every year
 except under the special conditions
 provided for in paragraph 0) of this
 section. ,
   (iii) In the event that a defect is
 detected, the owner or operator shall
 repair the.defect in accordance with the
 requirements of paragraph (k) of this
 section.
   (iv) The owner or operator shall
 maintain a record of the inspection in
 accordance with the requirements
 specified in §264.1089 (b) of this
 subpart
   (d) Owners and operators controlling
 air pollutant emissions from a tank
 using Tank Level 2 controls shall use
 one. of the following tanks:
   (1) A fixed-roof tank equipped with
 an internal floating roof in accordance
 with the requirements specified in
 paragraph (e) of this section:
   (2) A tank equipped with an external
 floating roof in accordance with the
 requirements specified in paragraph (f)
 of this section:
   (3) A tank vented through a closed-
 vent system to a control device -in
 accordance with the requirements
 specified in paragraph (g) of this
 section:
   (4) A pressure tank designed and
 operated in accordance with the
 requirements specified in paragraph (h)
 of this section: or                    •
   (5) A tank located inside an enclosure
 that is vented through a closed-vent
 system to an enclosed combustion
 control device in accordance with the
 requirements specified in paragraph (i)
 of this section.
   (e) The owner or operator who
 controls air pollutant emissions from a
 tank using-a fixed roof with an internal
 floating roof shall meet the requirements
specified in paragraphs (e)(l) through
 (e) (3) of this section;
  (1) The tank shall be equipped with
 a fixed roof and an internal floating roof
 in accordance with the following
 requirements:
  (i) The internal floating roof shall be
 designed to float on the liquid surface
 except when the floating roof must be
supported by the leg supports.
  (ii) The internal floating roof shall be
equipped with a continuous seal
 between the wall of the tank and the
 floating roof edge that meets either of
the following requirements:
  (A) A single continuous seal that is
either a liquid-mounted seal or a
 metallic shoe seal, as defined in 40 CFR
 265.1081: or
  (B) Two continuous seals mounted  '
one above the other. The lower seal may
be a vapor-mounted seal.
   (iii) The internal floating roof shall
 meet the following specifications:
   (A) Each opening in a noncontact
 internal floating roof except for
 automatic bleeder vents (vacuum
 breaker vents) and the rim space vents
 is to provide a projection below the
 liquid surface.
   (B) Each opening in the internal
 floating roof shall be equipped with a
 gasketed cover or a gasketed lid except
 for leg sleeves, automatic bleeder vents,
 rim space Vents, column wells, ladder
 wells, sample wells, and stub drains.
   (C) Each penetration of the internal
 floating roof for the purpose of sampling
 shall have a slit fabric cover that covers
 at least 90 percent of the opening.
   (D) Each automatic bleeder vent and
 rim space vent shall be gasketed.
   (E) Each penetration of the internal
 floating roof that allows for passage of
 a ladder shall have a gasketed sliding
 cover.
   (F) Each penetration of the internal
 floating roof that allows for passage of
 a column supporting the fixed roof shall
 have a flexible fabric sleeve seal or a
 gasketed sliding cover.
   (2) The owner or operator shall
 operate the tank in accordance with the
 following requirements:
   (i) When the floating roof is resting on
 the leg supports, the process of filling.
 emptying, or refilling shall be
 continuous and shall be completed as
soon as practical.
   (ii) Automatic bleeder vents are to be
set closed at all times when the roof is
 floating, except when the roof is being
 floated off or is being landed on the leg
supports.    ,         .
  {iii) Prior to filling the tank, each
Cover, access hatch, gauge float well or
 lid on any opening in the  internal
floating roof shall be bolted or fastened
closed (i.e., no visible gaps). Rim space
vents are to be set to open only when
the internal floating roof is not floating
or when the pressure beneath the rim
exceeds the manufacturer's
recommended setting.
  (3) The owner or operator shall
inspect the internal floating roof in
accordance with the procedures
specified as follows:
  (i) The floating roof and its closure
devices shall be visually.inspected by
the owner or operator to, check for
defects that could result in air pollutant
emissions. Defects  include, but are not
limited to: The internal floating roof is
not floating on the surface of the liquid
inside the  tank; liquid  has accumulated
on top of the internal floating roof: any
portion of the roof seals have detached
from the roof rim: holes, tears, or other
openings are visible in the seal fabric:
the gaskets no longer close off the

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            Federal  Register / Vol. 61. No.
            —^	         .
      228 / Monday, November 25.  1996 /Rules and  Regulations  59957
   hazardous waste surface from the
   atmosphere: or the slotted membrane
   has more than 10 percent open area.
     (ii) The owner or operator shall
   inspect the internal floating roof
   components as follows except as
   provided in paragraph (e)(3)(iii) of this
   section:
     (A) Visually inspect the internal
   floating roof components through
   openings on the fixed-roof (e.g..
   manholes and roof hatches) at least once
   every 12 months after initial fill, and
     (B) Visually inspect the internal
   floating roof, primary seal, secondary
   seal (if one is in service), gaskets, slotted
   membranes, and sleeve seals (if any)
   each time the .tank is emptied and
   degassed and at least every 10 years.
     (iii) As an alternative to performing
   the inspections specified in paragraph
   (e)(3)(ii) of this section for an internal
   floating roof equipped with two
   continuous seals mounted one above the
   other, the owner or operator may
   visually inspect the internal floating
   roof, primary and secondary seals,
   gaskets, slotted membranes, and sleeve
  seals (if any) each time the tank is
  emptied and degassed and at least every
  5 years;     .      ,  ..
    (iv) Prior to each inspection required
  by paragraph (e) (3) (ii) or (e) (3) (iii) of
  this section, the owner or operator shall
  notify the Regional Administrator in
  advance of each inspection to provide
  the Regional Administrator with the .
  opportunity to have an observer {present
  during the inspection. The owner or
  operator shall notify the Regional
  Administrator of the date and location
  of the inspection as follows:
    (A) Prior to each visual inspection of
  an internal floating  roof in a tank that
  has been emptied and degassed, written
  notification shall be prepared and sent
  by the owner or operator so that it is
  received by the Regional Administrator
  at least 30 calendar  days before refilling
  the tank except when an inspection is
  not planned as provided for in
  paragraph (e) (3) (iv) (B) of this section.
    (B) When a visual inspection is not
  planned and the owner or operator
  could not have known about the
  inspection 30 calenda'r days before
'  refilling the tank, the owner or operator
 shall notify the, Regional Administrator
 as soon as possible, but no later than 7
 calendar days before refilling of the
 tank. This notification may be made by
 telephone and immediately followed by
- a written explanation for why the
 inspection is unplanned. Alternatively.
 written notification,  including the
 explanation for the unplanned
 inspection; may be sent so that it is
 received by the Regional Administrator
  at least 7 calendar days before refilling
  the tank.                      ,
     (v) In the event that a defect is
  detected, the owner or operator shall
  repair the defect in accordance with the
  requirements of paragraph (k) of this  T
  section.
     (vi) The owner or operator shall
  maintain a record of the'inspection in '
 •accordance with the requirements
  specified in § 264.10890)) of this
  subpart.
    (f) The owner or operator who
  controls air pollutant emissions from a
  tank using an external floating roof shall
  meet the requirements specified  in
  paragraphs (f)(l) through (f)(3) of this
  section.
    (1) T,he owner or operator shall.design
  the external floating roof in accordance
  with the following requirements:
    (i) The external floating roof shall be
  designed to float on the liquid surface
  except when the floating roof must be
 supported by the leg supports.
    (ii) The floating roof shall be
 equipped with two continuous seals,
 one above the other, between the wall
 of the tank and the roof edge. The lower
 seal is referred to as the primary seal,
 and the upper seal is referred to as the
 secondary seal.
   (A) The primary seal shall be a  liquid-
 mounted seal or a metallic shoe seal, as
 defined in 40 CFR 265.1081. The  total
 area of the gaps between the tank wall
 and the primary seal shall not exceed
 212 square centimeters (cm*) per  meter
 of tank diameter, and the width of any
 portion of these gaps shall not exceed
 3.8 centimeters'.(crn). If a metallic shoe
 seal is used for the primary seal, the
 metallic shoe seal shall be designed so
 that one end extends into the liquid in
 the tank and the other end extends a •
 vertical distance of at least 61
 centimeters above the liquid surface.
   (B) The secondary seal shall be
 mounted above'the primary seal and
 cover the annular space between the
 floating roof and the wall of the tank.
 The total area of the gaps between the
 tank wall and the secondary seal shall
 not exceed 21.2 square centimeters
 (cm2) per meter of tank diameter, and
 the width of any portion of these gaps
 shall not exceed 1.3 centimeters (cm).
  (iii) The external floating roof shall
 meet the following specifications:
  (A) Except for automatic bleeder vents
 (vacuum breaker vents) and rim space
 vents, each opening in a noncontact
 external floating roof shall provide a
 projection below the liquid surface.
  (B) Except for automatic bleeder
 vents, rim space vents, roof drains, and
 leg sleeves, each opening in'the roof  '
shall be equipped with a gasketed cover.
seal, or lid.           •  . •
     (C) Each access hatch and each gauge
   float well s.hall be equipped with' a
   cover designed 'to be bolted or fastened
   when the cover is secured in the closed
   position.
     (D) Each automatic bleeder vent and
   each rim space vent shall be equipped
   with a gasket.
     (E) Each roof drain that empties into
   the liquid managed in the tank shall be
   equipped with a slotted membrane
 -  fabric cover that covers at least 90
   P6"-.6"1 of *ne area of the opening.
     (F) Each unslotted and slotted guide
   pole well shall be equipped with a
   gasketed sliding cover or a flexible
   fabric sleeve seal.
     (G) Each unslotted guide pole shall be
   equipped with a gasketed cap on the
   end of the pole.
     (H) Each slotted guide pole shall be
   equipped with a gasketed float or other
   device which closes off the liquid
  surface from the atmosphere.
    (I) Each gauge hatch and each sample
  well shall be equipped with a gasketed
  cover.
    (2) The owner or operator shall
  operate the tank in accordance with the
  following requirements:
    (i) When the floating roof is resting on
  the leg supports, the process of filling
  emptying, or refilling shall be
  continuous and shall be completed as
  soon as practical,
    (ii) Except for automatic bleeder
  vents, rim space vents, roof drains, and
  leg sleeves, each opening in the roof
 shall be secured and  maintained in a
 closed position at all times except when
 the closure device must be open for
 access.
    (iii) Covers on each access hatch and
 each gauge float well shall be bolted or
 fastened when secured in the closed
 position.
    (iv) Automatic bleeder vents shall be
 set closed at all times when the roof is
" floating, excep.t when the roof is being
 floated off or is being landed on the leg
 supports.
   (v) Rim space vents shall be set to
 open only at those times that the roof is
 being floated off the roof leg supports or
 when the pressure beneath the rim seal
 exceeds the manufacturer's
 recommended setting.
   (vi) The cap on the  end of each
 unslotted guide pole shall be secured in
 the closed position at all times except
 when measuring the level or collecting
 samples of the liquid  in the tank.
   (vii) The cover on each gauge hatch or
 sample Well shall be secured in the
 closed position at all times except when
 the hatch or well must be opened for
 access.
   (viii) Both the primary seal and the
 secondary seal shall completely cover

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  59958  Federal  Register / Vol. 61. No.  228 / Monday. November  25.  1996 / Rules and  Regulations
  the annular space between the external
  floating roof and the wall of the tank in
  a continuous fashion except during
  inspections.
    (3) The owner or operator shall
  inspect the external floating roof in
  accordance with the procedures
  specified as follows:
    (i) The owner or operator shall
  measure the external floating roof seal
  gaps in accordance with the following
  requirements:
   (A) The owner or operator shall
  perform measurements of gaps between
  the tank wall and the primary seal
  within 60 calendar days after initial
  operation of the tank following
  installation of the floating roof and.
  thereafter, at least once every 5 years.
   (B) The owner or operator shall
  perform measurements of gaps between
  the tank wall and the secondary seal
  within 60 calendar days after initial
  operation of the tank following
  Installation of the floating roof and.
  thereafter, at least once every year.
   (C)  If a tank ceases to hold hazardous
 waste for a period of 1 year or more.
 subsequent introduction of hazardous
 waste into the tank shall be considered
 an initial operation for the purposes of
 paragraphs (f)(3)(i)(A) and (f)(3)(i)(B) of
 this section.
   (D) The owner or operator shall
 determine the total surface area of gaps
 in the primary seal and in the secondary
 seal Individually using the following
 procedure:
   (1) The seal gap measurements shall
 be performed at one or more floating
 roof levels when the roof is floating off
 the roof supports.
   (2) Seal gaps, if any..shall be
 measured around the entire perimeter of
 the floating roof in each place where a
 0.32-centimeter (cm) diameter uniform
 probe  passes freely (without forcing or
 binding against the seal) between the
 seal and the wall of the tank and
 measure the circumferential distance of
 each such location.
   (3) For a seal gap measured under
 paragraph (0(3) of this section, the gap
 surface area shall be determined by
 using probes of various widths to
 measure accurately the actual distance
 from the tank wall to the seal and
 multiplying each such width by its
 respective circumferential distance.
   (4) The total gap area shall be
 calculated by adding the gap surface
 areas determined for each identified gap.
 location for the primary seal and the
secondary seal individually, and then
 dividing the sum for each seal type by
 the nominal perimeter of the tank.
These total gap areas for the primary
seal and secondary seal are then
compared to the respective standards for
  the seal type as specified in paragraph
  (f)(l)(ii) of this section.
    (E) In the event that the seal gap  •
  measurements do not conform to the
  specifications in paragraph (0(1) (ii) of
  this section, the owner or operator shall
  repair the defect in accordance with the
  requirements of paragraph (k) of this
 .section.
    (F) The owner or operator shall
  maintain a record of the inspection in
  accordance with the requirements
 specified in § 264.1089(b) of this
 subpart.
    (ii) The owner or operator shall
 Visually inspect the external floating
 roof in accordance with the following
 reauirements:
    (A) The floating roof and its closure
 devices shall be visually inspected by
 the owner or operator to check for
 defects that could result in air pollutant
 emissions. Defects include, but are not
 limited to: Holes, tears, or other
 openings in the rim seal or seal fabric
 of the floating roof; a rim seal detached
 from the floating roof: all or a portion
 of the floating roof deck being
 submerged below the surface of the
 liquid in the tank: broken, cracked, or
 otherwise damaged seals or gaskets on
 closure devices: and broken or missing
 hatches, access covers, caps, or other
 closure devices.
   (B) The owner or operator shall
 perform an initial inspection of the
 external floating roof and its closure
 devices on or before the date that the
 tank becomes subject to this section.
 Thereafter, the owner or operator shall
 perform the inspections at least once
 every year except for the special
 conditions provided for in paragraph Q.)
 of this section.
   (C) In the event that a defect is
 detected, the owner or operator shall
 repair the defect in accordance with the .
 requirements of paragraph (k) of this
 section.
  (D) The owner or operator shall
 maintain a record of the inspection in
 accordance with the requirements
 specified in §264.1089(b) of this
 subpart.
  (iii) Prior to each inspection-required
 by paragraph (f)(3)(i) or (f)(3)(ii) ofthis
 subpart. the owner or operator shall
 notify the Regional Administrator in
 advance of each inspection to provide
 the Regional Administrator with the
 opportunity to have an observer present
 during the inspection. The owner or
 operator shall notify the Regional
 Administrator of the date and location
of the inspection as follows:
  (A) Prior to each inspection to
 measure external floating roof seal gaps
as required under paragraph (f)(3)(i) of
this section, written notification shall be
  prepared and sent by the owner or
  operator so that it is received by the
  Regional Administrator at least 30
  calendar days before the date the
  measurements are scheduled to be
  performed.
    (B) Prior to each visualinspection of
  an external floating roof in a tank that
  has been emptied and degassed, written
  notification shall  be prepared and sent
  by the owner or operator so that it is
  received by the Regional Administrator
  at least 30 calendar days before refilling
  the tank except when an inspection is
  not planned as provided for in
  paragraph (f)(3)(iii)(C) of this section.
    (C) When a visual inspection is not
  planned-and the owner or operator
  could not have known about the
  inspection  30 calendar days before
  refilling the tank., the owner or Operator
 shall notify the Regional Administrator
 as soon as possible, but no later than 7
 calendar days before refilling of the
 tank. This notification may be made by
 telephone and immediately followed by
 a written explanation for why the
 inspection is unplanned. Alternatively.
 written notification, including the
 explanation for the unplanned
 inspection,  may be sent so that it is
 received by the Regional Administrator
 at least 7 calendar days before refilling
 the tank.
   (g) The owner or operator who
 controls air pollutant emissions from a
 tank by venting the tank to a control
 device shall meet the requirements
 specified in paragraphs (g)(l) through
 (g) (3) of this section.
   (1) The tank shall be covered by a
 fixed roof and vented directly through a
 closed-vent system to a control device
 in accordance with the following
 requirements:
   (i) The fixed roof and its closure
 devices shall be designed to form a
 continuous barrier over the entire
 surface area of the  liquid in the tank.
   (ii) Each opening in the fixed  roof not
 vented to the control device shall be
 equipped with a closure device. If the
 pressure in the vapor headspace
 underneath  the fixed roof is less than
 atmospheric pressure when the control
 device is operating, the closure devices
 shall be designed to operate such that
 when the closure device is secured in
 the closed position there are no  visible
 cracks, holes, gaps, or other open spaces
 in the closure device or between the
 perimeter of the cover opening and the
 closure device. If the pressure in the
 vapor headspace underneath the fixed
 roof isequal to or greater than
 atmospheric pressure when the control
 device is operating, the closure device
shall be designed to operate with no
 detectable organic emissions.

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           Federal Register / Vol. 61. No. 228  /  Monday.  November 25. 1996 / Rules  and Regulations  59959
    (iii) The fixed roof and its closure
  devices shall be made of suitable
  materials that will minimize exposure of
 , the hazardous waste to the atmosphere.
  to the extent practical, and will
  maintain the integrity .of the fixed roof -•
  and closure devices throughout their
  intended service life. Factors to be
  considered when selecting the materials
  for and designing the fixed roof and
  closure devices shall include: Organic
  vapor permeability, the effects of any
  contact with the liquid and its vapor
  managed in the tank: the effects of
  outdoor exposure to wind, moisture,
  and sunlight: and the operating
  practices used for the tank on which the
  fixed roof is installed.
    (iv) The closed-vent system and
  control device shall be designed and
  operated in accordance with the
  requirements of § 264.1087 of this
  subpart.               ,
    (2) Whenever a hazardous waste is in
  the tank, the fixed-roof shall be installed
  with each closure device secured in the
  closed position and the vapor headspace
  underneath the fixed roof vented to the
  control device except as follows:
    (i) Venting to the control device is not
  required,, and opening of closure devices
  or removal of the fixed roof is allowed
  at the following times:
    (A) To provide access to the tank for
  performing routine inspection,
  maintenance, or other activities needed
 for normal operations. Examples of such
 activities include those times when a .
 worker needs to open a port to sample
 liquid in the tank, or when a worker
 .needs to open a hatch to maintain or
 repair equipment Following completion
 of the activity, the owner or operator
 Shall promptly secure the closure device
 in the closed position or reinstall the
 cover, as applicable, to the tank.
   (B) To remove accumulated sludge or
 other residues from the bottom of a tank.
   (ii) Opening of a safety device, as
 defined in 40 CFR 265.1081, is allowed
 at.any time conditions require doing so
 to avoid an unsafe condition.
   (3) The owner or operator shall
 inspect and monitor the air emission
 control equipment in accordance with
 the following procedures:
   (i) The fixed roof and its closure
 devices shall be visually inspected by
 the owner or operator to check for
 defects that could result in air pollutant
 emissions. Defects include, but are not
 limited to. visible cracks, holes, or gaps
 in the roof sections or between the roof
 and the tank wall; broken, cracked, or
 otherwise damaged seals or gaskets on
, closure devices: and broken or missing
 hatches, access covers, caps, or other
 closure devices.
    (ii) The closed-vent system and
  control device shall be inspected and
  monitored by the owner or operator in
  accordance with the procedures
  specified in §264.1087 of this subpart.
    (iii) The owner or operator shall
  perform an initial inspection of the air
  emission control equipment on or before
  the date that the tank becomes subject
  to this section. Thereafter,' the owner or
  operator shall perform the inspections at
  least once every year except for the
  special conditions provided for in
  paragraph (1) of this section.
    (iv) In the event that a defect is
  detected, the owner or operator shall
  repair the defect in accordance with the
  requirements of paragraph (k) of this
 'section.
    (v) The owner or operator shall
  maintain a record of the inspection in
  accordance with the requirements
  specified in § 264.10890]) of this
  subpart.             •,
    (n) The owner or operator who
  controls air pollutant emissions by
  using a pressure tank shall meet the
  following requirements.
   (1) The tank shall be designed not to
 vent to the atmosphere as a result of
 compression of the vapor headspace in
 the tank during filling of the tank to its
 design capacity.
   (2) All tank openings shall be
 equipped with closure devices designed
 to operate with no detectable organic
 emissions as determined using the
 procedure specified in § 264.1083(d) of
 this subpart.
   (3) Whenever a hazardous waste is" in
 the tank, the tank shall be operated as
 a closed system that does not vent to the
 atmosphere except in the event that a
 safety device, as defined  in 40 CFR
 265.1081, is required to open to avoid
 an unsafe condition.
   (i) The owner of operator who
 controls air pollutant emissions by
 using an enclosure vented through a
 closed-vent system to an enclosed
 combustion control device shall meet
. the requirements specified in     '
 paragraphs (i)(l) through (i)(4) of this
 section.                           .
  (1)  The tank shall be located inside an
 enclosure. The enclosure shall be >
 designed and operated in accordance
 with the criteria for a permanent total
 enclosure as specified in "Procedure
 T—Criteria for and Verification of a
 Permanent or Temporary Total
 Enclosure" under 40 CFR 52.741,
 appendix B. The enclosure may have .
 permanent or temporary openings to
 allow worker access: passage of material
 into or out of the enclosure by conveyor.
 vehicles, or other mechanical means:
entry of permanent mechanical or
electrical equipment: or direct airflow
  into the enclosure. The owner or
  operator shall perform the verification
  procedure for the enclosure as specified
  in Section 5.0 to "Procedure T—Criteria
  for and Verification of a Permanent or
  Temporary Total Enclosure" initially
  when the enclosure is first installed
  and. thereafter, annually.
'.   (2) The enclosure shall be vented
  through a closed-vent system to an
  enclosed combustion control device that
  is designed and operated in accordance
  with the standards for either a vapor
  incinerator, boiler, or process heater
 specified m § 264.1087 of this subpart
   (3) Safety devices, as defined in 40
 CFR 265.1081, may be installed and
 operated as necessary on any enclosure
 closed-vent system, or control device
 used to  comply with the requirements of
 paragraphs (i) (1) and (i) (2) of this      '.
 section.
   (4) The owner or operator shall
 inspect  and monitor the closed-vent
 system and control device as specified
 in §264.1087 of this subpart.
   0) The owner or operator shall
 transfer  hazardous waste to a tank
 subject to this section in accordance
 with the following requirements:
   (1) Transfer of hazardous waste,
 except as provided in paragraph (j)(2) Of
 this section, to the tank from another
 tank subject to this section or from a
 surface impoundment subject to
 § 264.1085 of this sufapart shall be
 conducted using continuous hard-
 piping or another closed system that
 does not allow exposure of the
 hazardous waste to the atmosphere. For
 the purpose of complying, with this
 provision, an  individual drain system is
considered to  be a closed system when
 it meets  the requirements of 40 CFR part
63. subpart RR-^-National Emission
Standards for  Individual Drain Systems.
  (2) The requirements of paragraph
(j)(l) of this section do not apply when
transferring a  hazardous waste to the
tank under any of the following
conditions:
  , (i) The hazardous waste meets the
average VO concentration conditions
specified in §264.1082(c)(l) of this
subpart at the  point of waste origination.
  (ii) The hazardous waste has been
treated by an organic destruction or
removal process to meet the
requirements in § 264.1082(c) (2) of this
subpart.
  (k) The owner or operator shall repair
each defect detected during an
inspection performed in accordance
with,the  requirements of paragraph
(c)(4). (e)(3);(f)(3).or(g)(3)ofthis    '
section as follows:
  (1) The owner or operator shall make
first efforts at repair of the defect no
later than 5 calendar days after

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  59960  Federal Register / Vol. 61.  No. 228  / Monday.  November 25, 1996  / Rules and Regulations
 detection, and repair shall be completed
 as soon as possible but no later than 45
 calendar days after detection except as
 provided in paragraph (k)(2) of this
 section.
   (E) Repair of a defect may be delayed
 beyond 45 calendar days if the owner or
 operator determines that repair of the
, defect requires emptying or temporary
 removal from service of the tank and no
 alternative tank capacity is available at
 the site to accept the hazardous waste
 normally managed in the tank. In this
 case, the owner or operator shall repair
 the defect the next time the process or
 unit that is generating the hazardous
 waste managed in the tank stops
 operation. Repair of the defect shall be
 completed before the process or unit
 resumes operation.
   0) Following the initial inspection
 and monitoring of the cover as required
 by the applicable provisions of this
 subpart. subsequent inspection and
 monitoring may be performed at
 Intervals longer than 1  year under the
 following special conditions:
   (l).In the case when inspecting or
 monitoring the cover would expose a
 worker to dangerous, hazardous, or
 other unsafe conditions, then the owner
 or operator may designate a cover as an
 "unsafe to inspect and  monitor cover"
 and comply with all of the following
 requirements:
   (i) Prepare a written explanation for
 the cover stating the reasons why the
 cover is unsafe to visually inspect or to
 monitor, if required.
   (ii) Develop and implement a written
plan and schedule to inspect and
monitor the cover, using the procedures
specified in the applicable section of
this subpart, as frequently as practicable
during those times when a worker can
safely access the cover.
   (2) In the case when a tank is buried
partially or entirely underground, an
owner or operator is required to inspect
and monitor, as required by the
applicable provisions of this section,
only those portions of the tank cover
and those connections to  the tank (e.g..
HI! ports, access hatches,  gauge wells.
etc.) that are located on or above the
ground surface.
   19. Section 264.1085  is revised to read
as follows:

§254.1085 Standards: Surface
impoundments.
  (a) The provisions of this section
apply to  the control of air pollutant
emissions from surface  impoundments
for which § 264.1082(b) of this subpart
references the use of this section for
such air emission control.
  (b) The owner or operator shall
control air pollutant emissions from the
 surface impoundment by installing and
 operating either of the following:
   (1) A floating membrane cover in
 accordance with the provisions
 specified in paragraph (c) of this
 section; or
   (2) A cover that is vented through a
 closed-vent system to a control device
 in accordance with the provisions
 specified in paragraph (d) of this
 sections.
   (c) The owner or operator who
 controls air pollutant emissions  from a
 surface impoundment  using a floating
 membrane cover shall  meet the
 requirements specified in paragraphs
 (c) (1) through (c) (3) of  this section.
   (1) The surface impoundment  shall be
 equipped with a floating membrane
 cover designed to meet the following
 specifications:
   (i) The floating membrane cover shall
 be designed to float on the liquid
 surface during normal operations and
 form a continuous barrier over the entire
 surface area of the liquid.
   (ii) The cover shall be fabricated from
 a synthetic membrane material that is
 either
   (A) High density, polyethylene  (HOPE)
 with a thickness no less than 2.5
 millimeters (mm): or   '
   (B) A material or a composite of
 different materials determined to have
 both organic permeability properties
 that are equivalent to those of the
 material listed in paragraph (c)(l)(ii)(A)
 of this section and chemical and   .
 physical properties that maintain the
 material integrity for the intended
 service  life of the material.
  (iii) The cover shall be installed in a
 manner such that there are no visible
 cracks, holes, gaps, or other open spaces
 between coyer section seams or between
 the interface of the cover edge and its "
 foundation mountings.
  (iv) Except as provided for in
 paragraph (c)(l)(v) of this section, each
 opening in the floating  membrane cover
 shall be equipped with  a closure  device
 designed to operate such that when the
 closure  device is secured in the closed
 position there are no visible cracks.
 holes, gaps, or other open spaces  in the
 closure  device or between the perimeter
 of the cover opening and the closure
 device.
  (v) The floating membrane cover may
 be equipped with one or more
 emergency cover drains for removal of
stormwater. Each emergency coyer drain
shall be equipped with  a slotted
 membrane fabric cover that covers at
 least 90 percent of the area of the
opening or a flexible fabric sleeve seal.
  (vij The closure'devices shall be made
of suitable materials that will minimize
exposure of the hazardous waste to the
  atmosphere, to the extent practical, and
  will maintain the integrity of the closure
  devices throughout their intended
  service life'. Factors to be considered
  when selecting the materials of
  construction and designing the cover"
  and closure devices shall include:
•  Organic vapor permeability: the effects
  of any contact with the liquid and'its
  vapor managed in the surface
  impoundment; the effects of outdoor
  exposure to wind, moisture, and
  sunlight; and the operating practices
  used for the surface impoundment on
  which the floating membrane cover is
  installed.
   (2) Whenever a hazardous waste is in
  the surface impoundment, the floating
  membrane cover shall float on the liquid
  and each closure device shall be secured
  in the closed position except as follows:
   (i) Opening of closure devices or
  removal of the cover is allowed at the
  following times:
   (A) To provide access to the surface
  impoundment for performing routine
  inspection, maintenance, or other
  activities needed for normal operations.
  Examples of such activities include
  those times when a worker needs to
 open a port to sample the liquid in the
 surface impoundment, or when a
 worker needs to open a  hatch to
 maintain or repair equipment.
 Following completion of the activity.
 the owner or operator shall promptly
 replace the cover and secure the closure
 device in the closed position, as  .
 applicable.
   '(B) To remove accumulated sludge or
 other residues from the bottom of
 surface impoundment.
   (ii) Opening of a safety device, as
 defined in 40 CFR 265.1081, is allowed
 at any time conditions require doing so
 to avoid an unsafe condition.
   (3) The owner or operator shall
 inspect the floating membrane cover in
 accordance with the following
 procedures:               ,
   (i) The floating membrane cover and
 its closure devices shall be visually
 inspected by the owner or operator to
 check for defects that could result in air
 pollutant emissions. Defects include.
 but are not limited to. visible cracks,
 holes, or gaps in the cover section seams
 or between the  interface of the cover
 edge and its foundation  mountings;
 broken, cracked, or otherwise damaged .
 seals or gaskets on closure devices: and
 broken or missing hatches, access
 covers, caps, or other closure devices.
   (ii) The owner or.operator shall
 perform an initial inspection of the
 floating membrane covenand its closure
 devices on or before the  date that the
surface impoundment becomes subject
 to this section. Thereafter, the owner or

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            Federal  Register / Vol. 61. No.  228 /Monday. November  25.  1996 /  Rules and  Regulations  59961
   operator shall perform the inspections at
   least once every year except for the
   special conditions provided for in
   paragraph (g) of. this section.
     (iii) In the event that a defect is   -
   detected, the owner or operator shall
   repair the defect in accordance with the
   requirements of paragraph (f) of this
   section.
     (iv) The owner or operator shall
   maintain a record of the inspection in
   accordance with the requirements
   specified in § 264.1089(c) of this
   subpart.      "  .                .
     (d) The owner or operator who
   controls air pollutant emissions from a
.   surface impoundment using a cover
   vented to a control device shall meet the
   requirements specified in paragraphs
   (d)(l) through (d)(3) of this section.
     (1) The surface impoundment shall be
   covered by a cover and vented directly
   through a closed-vent system to a
   control device in accordance with the
   following requirements:
    (i) The cover and its closure devices
  shall be designed to form a continuous
   barrier over the entire surface area of the
  liquid in the surface impoundment.
    (ii) Each opening in the cover not-
  vented to the control device shall be
  equipped with a closure device. If the
  pressure in the vapor headspace  •
  underneath the cover is less than
  atmospheric pressure when the control
  device is operating; the closure devices
  shall be designed to operate such that
  when the closure device is secured in
  the closed position there are no visible
  cracks, holes, gaps, or other open spaces
  in the closure device or between the
  perimeter of the cover opening arid the
  closure device. If the pressure in the
  vapor headspace underneath the cover
  is equal to or greater than atmospheric
  pressure when the control device is
  operating, the closure device shall be
  designed to operate with no detectable
  organic emissions using the procedure
 specified in § 264.1083 (d) of this
 subpart.
   (iii) The cover and its closure devices
 shall be made of suitable materials that
 will minimize exposure of the
 hazardous waste to the atmosphere, to
 the extent practical, and wilJ maintain
 the integrity of the cover and closure
 devices throughout their intended
 service life. Factors to be considered
 when selecting the materials for and
 designing the cover and closure devices
 shall include:  Organic vapor
 permeability: the effects of any contact
 with the liquid or its vapors managed in
 the surface Impoundment: the effects of
 outdoor exposure to wind, moisture.
 and sunlight: and the operating
 practices used for the surface
   impoundment on which the cover is
   installed.
     (iv) The closed-vent system and
   control device shall be designed and
   operated in accordance with the
   requirements of § 264.1087 of this
   subpart.                    •  . .   •  *
     (2) Whenever a hazardous waste is in
   the surface impoundment, the cover
   shall be installed with each closure
   device secured in the closed position
   and the vapor headspace underneath the
  cover vented to the control device
  except as follows:
    (i) Venting to the control device is not
  required, and opening of closure devices
  or removal of the cover is allowed at the
  following times:
    (A) To provide access to the surface
  impoundment for performing routine
  inspection,  maintenance, or other
  activities needed for normal operations.
  Examples of such activities include
  those times when a worker needs to
  open a port to sample liquid in the
  surface impoundment, or when a
  worker needs to open a hatch to
  maintain or repair equipment.
  Following completion of the activity.
  the owner or operator shall promptly
  secure the closure device in the closed
  position or reinstall the cover, as
  applicable, to the surface impoundment.
   (B) To remove accumulated sludge or
  other residues from the bottom of
 surface impoundment.         '.  .
   (ii) Opening of a safety device, as
  defined in 40 CFR 265.1081. is allowed
 at any time conditions require doing so
 to avoid an unsafe condition.
   (3) The owner or operator shall
 inspect and monitor the air emission
 control equipment in accordance with
 the  following procedures:
   (i) The surface impoundment cover
 and its closure devices shall be visually
 inspected by the owner or operator to
 check for defects that could result in air
 pollutant emissions. Defects include.
 but are not limited to. visible cracks,
 holes, or gaps in the cover section seams
 or between the interface qf the cover
 edge and its foundation mountings:
 broken, cracked, or otherwise damaged
 seals or gaskets on closure devices: and
 broken or missing hatches, access
 covers, caps,  or other closure devices.
   (ii) The closed-vent system and
 control device shall be inspected and
 monitored by the owner or operator in .
 accordance with the procedures
 specified in §264.1087 of this subpart.
   (iii) The owner or operator shall
 perform an initial inspection of.the air
 emission control equipment on or before
 the date that the surface impoundment
 becomes subject to this section.
Thereafter, the owner or operator shall
perform the inspections at least once
   every year except for the special
   conditions provided for in paragraph (e)
   of this section.      '
     (iv) In the event that a defect is
   detected, the owner or operator shall
   repair the defect in accordance with the
   requirements of paragraph (f) of this
   section.          ,
     (v) The owner or operator shall  •
   maintain a record of the inspection in
   accordance with the requirements
   specified in § 264.1089(c) of this
   subpart.
     (e) The owner or operator shall
   transfer hazardous waste to a surface
   impoundment subject to this section in
   accordance with the following
   requirements:
     (1) Transfer of hazardous waste
   except as provided in paragraph (e)(2) of
   this section, to the surface
   impoundment from another surface
   impoundment subject to this section or
   from a tank subject to § 264.1084 of this
.  subpart shall be conducted using
  continuous hard-piping or another
  closed system that does not allow
  exposure of the waste to the
  atmosphere. For the purpose of
  complying with this provision, an
  individual drain system is considered to
  be a closed system when it meets the
  requirements of 40 CFR part 63. subpart
  RR—National Emission Standards for
  Individual Drain Systems.
    (2)  The  requirements of paragraph
  (e) (1) of this section do not apply when
  transferring a hazardous waste to the
  surface impoundment under either of
  the following conditions:
    (i) The hazardous waste meets the
  average VO concentration conditions
 specified in §264.1082 (c)(l) of this
 SU^a-?uatuhe point of waste origination.
    in;  l he  hazardous waste has been
 treated by an organic destruction or
 removal process to meet the
 requirements in § 264.1082(c)(2) of this
 subpart.
   (f) The owner or operator shall repair
 each defect detected during an
 inspection performed in accordance
 with the requirements of paragraph
 (c)(3) or (d)(3) of this section as follows:
   (1) The owner or operator shall make
 first efforts at repair of the defect no
 later than 5 calendar days after
 detection and repair shall be completed
 as soon as possible but no later than 45
 calendar days after.detection except as
 provided in paragraph (f)(2) of this
 section.                           ;
   (2) Repair of a defect may be  delayed
 beyond 45  calendar days if the owner or
 operator determines that repair of the
 defect  requires emptying or temporary
 removal from,service of the surface
 impoundment and no alternative
capacity is  available at the site to accept

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 59962   Federal Register  / Vol. 61. No.  228 / Monday, November  25.  1996  /  Rules and Regulations
 the hazardous waste normally managed
 In the surface impoundment. In this
 case, the owner or operator shall repair
 the defect the next time the process or
 unit that is generating the hazardous
 waste managed in the surface
 impoundment stops operation. Repair of
 the defect shall be completed before the
 process or unit resumes operation.
  (g)  Following the initial inspection
 and monitoring of the cover as required
 by the applicable provisions of this
 subpart. subsequent inspection and  "
 monitoring may be performed at
 Intervals longer than 1 year in the case
 when inspecting or monitoring the
 cover would expose a worker to
 dangerous, hazardous, or other unsafe
 conditions. In this case, the owner or
 operator may designate the cover as an
 "unsafe to inspect and monitor coyer"
 and comply with all of the following
 requirements:
  (1)  Prepare a written explanation for
 the cover stating the reasons why the
 cover is unsafe to visually inspect or to
 monitor, If required.
  (2)  Develop and implement a written
 plan and schedule to inspect and  '
 monitor the cover using the procedures
specified in the applicable section of
 this subpart as frequently «s practicable
 during those times when a worker can
safely access the cover.
  20. Section 264.1086 is revised to read
as follows:

§254.1085 Standards: Containers.
  (a) The provisions of this section   •
apply to the control of air pollutant
emissions from containers for which
§ 264.1082(b) of this subpart references
the use of this section for such air
emission control.
  (b) General requirements.
  (1) The owner or operator shall
control air pollutant emissions from
each container subject to this section in
accordance with the following
requirements, as applicable 10 the
container, except when the special
provisions for waste stabilization
processes specified  in paragraph (b)(2)
of this section apply to the container.
  (1) For a container having a design
capacity greater than 0.1 m3 and less
than or equal to 0.46 m3. the owner or
operator shall control air pollutant
emissions from the container in
accordance with the Container Level  1
standards specified in paragraph (c) of \
this section.  .
  (ii)  Fora container having a design
capacity greater than 0.46 m3 that is not
in light material service, the owner or
operator shall control air pollutant
emissions from the container in
accordance with the Container Level  1
standards specified in'paragraph (c) of
this'section.
   (iii) For a container having a design
capacity greater than 0.46 m3 that is in
light  material service, the owner or
operator shall control air pollutant
emissions from the container in
accordance with the Container Level 2
standards specified in paragraph (d) of
this section.
   (2)  When a container having a design
capacity greater than 0.1  m3 is used for
treatment of a hazardous waste by a
waste stabilization process, the owner or
operator shall control air pollutant
emissions from the container in
accordance with the Container Level 3
standards specified in paragraph (e) of
this section at those times during the
waste stabilization process when the
hazardous waste in the container is
exposed to the atmosphere.
   (c) Container Level 1 standards.
   (1)  A container using Container Level
1 controls is one of the following:
   (i) A container that meets the
applicable U.S. Department of
Transportation (DOT) regulations on
packaging hazardous materials for
transportation as specified in paragraph
(f) of this section.
   (ii)  A container equipped with a cover
and closure devices that form a
continuous barrier over the container
openings such that when the cover and
closure devices are secured in the
closed position there are no visible
holes, gaps, or other .open spaces into
the interior of the container. The cover
may be a separate cover installed on the
container (e.g., a lid on a drum or a
suitably secured tarp on a roll-off box)
or may be an integral part of the
container structural design (e.g., a
"portable tank" or bulk cargo container
equipped with a screw-type cap).
   (iii) An open-top container in which
an organic-vapor suppressing barrier is
placed on or over the hazardous waste
in the container such that no hazardous
waste is exposed to the atmosphere. One
example of such a barrier is application
of a suitable organic-vapor suppressing
foam.
   (2) A container used to meet the .
requirements of paragraph (c)(l)(ii) or
(c)(l)(iii) of this section shall be
equipped with covers and closure
devices, as applicable to the container.
that are composed of suitable materials
to minimize exposure of the hazardous
waste to the atmosphere and to maintain
the equipment integrity for as long as it
is in service. Factors to be considered in
selecting the materials of construction
and designing the cover and closure
devices shall include: Organic vapor
permeability, the effects of contact with
the hazardous waste or its vapor
 managed in the container: the effects of
 outdoor exposure of'the closure device
 or cover material to wind, moisture, and
 sunlight: and the operating practices for
 which the container is intended to be
 used.
   (3) Whenever a hazardous waste is in
 a container using Container Level 1
 controls, the owner or operator shall
 install all covers and closure devices for
 the container, as applicable to the
 container, and secure and maintain each
 closure device in the closed position
• except as follows:
   (i)  Opening of a closure device or
 cover is allowed for the purpose of
 adding hazardous waste or other
 material to the container as follows:
   (A) In the case when the container is
 filled to the intended final level in'one
 continuous operation, the owner or
 operator shall promptly secure the
 closure devices in the closed position
 and install the covers, as applicable to
 the container, upon conclusion of the
 filling operation.
   (B) In the case when discrete
 quantities or batches of material
 intermittently are added to the container
 over a period of time, the owner or
 operator shall promptly secure the
 closure devices in the closed position
 and install covers, as applicable to the
 container, upon either the container
 being filled to the intended final level:
 the completion of a batch loading after
 which no additional material will be
 added to the  container within 15
 minutes: the  person performing the
 loading operation leaving the immediate
 vicinity of the container: or the
shutdown of the process generating the
 material being added to the container.
whichever condition occurs first
   (ii)  Opening of a closure device or
cover is allowed for the purpose of
 removing hazardous waste from the
container as follows:
   (A) For the purpose of meeting the
 requirements of this section, ah empty
container as defined in 40 CFR 261.7(b)
 may be open to the atmosphere at any
 time (i.e.. covers and closure, devices are
 not required to be secured in the closed
position on an empty container).
   (B)  In the case when discrete
quantities or  batches of material are
removed from the container but the
container does not meet the conditions
to be  an empty container as defined in  .
40 CFR  261.7(b). the owner or operator
shall  promptly secure the closure
devices in the closed position and
 install covers, as applicable to the
container, upon the completion of a
batch removal after which no additional
material will be removed from the
container within 15 minutes or the
person performing the unloading

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             Federal Register  /  Vol.  61, No. 228 / Monday, November  25.  1996  /  Rules and Regulations  5
                                                                        59963
    operation leaves the immediate vicinity
    of the container, whichever condition
    occurs first.            .
     (ili) Opening of a closure device or
    cover is allowed when access inside the
    container is.heeded to perform routine
    activities other than transfer of
»   hazardous waste. Examples of such
    activities include those times when a
    worker needs to open a port to measure
    the depth of or sample the material in
    the container, or when a worker needs
    to open a manhole hatch to access
   equipment inside the container.
   Following completion of the activity.
   the owner or operator shall promptly
   secure the closure device in, the closed
   position or reinstall the cover, as
   applicable to the container.
     (iv) Opening of a spring-loaded
   pressure-vacuum relief valve.
   conservation vent, or similar typ'e of  '
   .pressure relief device which vents to the
   'atmosphere is allowed during normal
   operations for the purpose of        -
   maintaining the internal pressure of the
   container in accordance with the
   container design specifications. The
   device shall be designed to operate with
   no detectable organic emissions when
   the device is secured in the closed
   position. The settings at which the   '
   device opens shall be established such
   that the device remains in the closed
   position whenever the internal pressure
   of the container is within the internal
   pressure operating range determined by
   the owner or operator based on
  container manufacturer
  recommendations, applicable
  regulations, fire protection and
  prevention codes, standard engineering
  codes and practices, or other
  requirements for the safe handling of
  flammable, ignitable, explosive,
 1 reactive, or hazardousmaterials.
„ .Examples of normal operating
  conditions that may require these
  devices to ppen are during those times
  when the internal pressure of the
  container exceeds the internal pressure
  operating range for the container as a
  result of loading operations or diurnal
  ambient temperature fluctuations.
    (v)  Opening of a safety device, as
  defined in 40 CFR 265.1081. is allowed
  at any time conditions require .doing so
  to avoid an unsafe condition.
    (4) The owner or operator of
  containers using Container Level 1
  controls shall 'inspect the containers and
  their covers and closure devices as
  follows:              •
    (i) In the  case when a hazardous waste
 already is in the-container at the time
 the owner or operator first accepts
 possession of the container at the
 facility and the cpntainer is not emptied
 (i.e.. does not meet the conditions for an
   empty container as specified in 40 CFR
   261.7(b)) within 24 hours after the •
   container is.accepted at the facility, the
   owner or operator shall visually inspect
   the container and its cover and closure
   devices to check for visible cracks.
   holes, gaps, or other open spaces into
   the interior of the container when the
   cover and closure devices are secured in
   the closed position. If a defect is " ,  '
   detected, the owner,or operator shall
   repair the defect in accordance with the
   requirements of paragraph (c)(4)(iii) of
   this section.    .                  ,
    (ii) In the case when a container used
  for managing hazardous waste remains
  at the facility for a period of 1 year or
  more, the owner or operator shall
  visually inspect the container and its
  cover and closure devices initially and
  thereafter, at least once  every 12
  .months, to check for visible cracks,
  holes, gaps, or other open spaces into
  the interior of the container when the
  cover and closure devices are secured in
  the closed position. If a  defect is
  detected, the owner or operator shall
  repair the defect in accordance with the
  requirements of paragraph (c) (4) (iii) of
  this section'.
    (iii), When a defect is detected for the
  container, cover, or closure devices, the
  owner or operator shall make first   ,
  efforts at repair of the defect no later
  than 24 hours after detection and repair
 shall be completed as soon as possible
 but no later than 5 calendar days  after
 detection. If repair of a defect cannot be
 completed within 5 calendar days, then
 the hazardous waste shall be removed
 from the container and the container
 shall not be used to manage hazardous
 waste until the defect is repaired.
   (5) The owner  or operator shall
 maintain at the facility a copy of the
 procedure used to determine that
 containers with capacity of 0.46 m3 or
 greater, which do not meet applicable
 DOT regulations  as specified in
 paragraph (f) of this section, are'not
 managing hazardous waste-in light
 material service.
   (d) Container Level 2 standards.
   (1) A container using Container Level
 2 controls is one of the following:
   (i) A container  that meets the
 applicable U.S. Department of
 Transportation (DOT) regulations on
 packaging hazardous materials for
 transportation as  specified in paragraph
 (0 of this section.
   (ii) A container that operates with no
 detectable organic emissions as defined
 rn 40 CFR 265.1081 and determined in
 accordance with the procedure specified
 in paragraph  (g) of this section.   •
   (iii) A container that has been
demonstrated within the preceding 12
months to be vapor-tight by using 40
  • CFR part 60. appendix A; Method 27 in
   accordance with the procedure specified
   in paragraph (h) of this section.
     (2) Transfer of hazardous waste in or
   out of a container using Container Level
   2 controls shall-be conducted-in.such a
   manner as to minimize exposure of the
   hazardous waste to the atmosphere to
   the extent practical, considering the
   physical properties of the hazardous
   waste and good engineering and safety
   practices for handling flammable.
   ignitable. explosive, reactive, or other
   hazardous  materials. Examples of
  container loading procedures that the  •
  EPA considers to meet the requirements
  of this paragraph include using any one
  of the following: a submerged-fill pipe
  or other submerged-mi method to load
  liquids into the container a vapor-
  balancing system or a vapor-recovery
  system to collect and control the vapors
  displaced from the container during
  filling operations: or a fitted opening in
  the top of a container through which the
  hazardous waste is filled and
  subsequently purging the transfer line
  before removing it from the container
  opening.
    (3)  Whenever a hazardous waste is in
  a container using Container Level 2
  controls, the owner or operator shall
  install all covers and closure devices for
  the container, and secure and maintain
  each closure device in the closed
  position except as follows:
    (i) Opening of a clpsure device qr
  cover is allowed for the purpose of
  adding hazardous waste or other
  material to the container as follows:
   (A)  In the case when the container is
 filled  to the intended final level in one
 continuous operation, the owner or
 operator shall promptly secure the
 closure devices in the closed position
 and install the covers, as applicable to
 the container, upon conclusion of the
 filling operation.                  ,
   (B), In the case when discrete
 quantities or batches of material
 intermittently are added to the container
 over a period of time, the owner or
 operator shall promptly secure the .
 closure devices in the closed position
 and install covers, as applicable to the
 container, upon either the container
 being filled to the intended final level:
 the completion of a batch loading after  ,
 which no additional material will be
 added  to the container within 15
 minutes: the person performing the
 loading operation leaving the immediate
 vicinity of the container: or the
 shutdown of the process generating the
 material being added to the container.
 whichever condition occurs first.
  (ii) Opening of a closure device or
cover is allowed for the purpose of

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  59964  Federal Register / Vol. 61.  No. 228  / Monday.  November 25.
                                      1996  / Rules  and Regulations
  removing hazardous waste from the  "
  container as follows:
    (A) For the purpose of meeting the
  requirements of this section, an empty
  container as defined in 40 CFR 261.7(b)
  may be open to the atmosphere at any
  time (i.e.. covers and closure devices are
  not required to be secured in the closed
  position on an empty container).
    (B) In the case when discrete
  quantities or batches of material are
  removed  from the container but the
  container does not meet the conditions
  to be an empty container as defined in
  40 CFR 261.7(b), the owner or operator
  shall promptly secure the closure
  devices in the closed position and
  install covers, as applicable to the
  container, upon the completion of a
  batch removal after which no additional
  material will be removed from the
  container within 15 minutes or the
  person performing the unloading
  operation leaves the immediate vicinity
  of the container, whichever condition
  occurs first.
   (ill) Opening of a closure device or
 cover is allowed when access inside the
 container is needed to perform routine
 activities other than transfer of
 hazardous waste.
   Examples of such activities include
 those times when a worker needs to
 open a port to measure'the depth of or
 sample the material in the container, or
 when a worker needs to open a manhole
 hatch to access equipment inside the
 container. Following completion of the
 activity, the owner or operator shall
 promptly secure the closure device in
 the closed position or reinstall the
 cover, as applicable to the container.
   (iv) Opening of a spring-loaded,
 pressure-vacuum relief valve.
 conservation vent, or similar type of
 pressure relief device which vents to the
 atmosphere is allowed during normal
 operations for the purpose of
 maintaining the internal pressure of the
 container in accordance with the
 container design specifications. The
 device shall be designed to operate with
 no detectable organic emission whett
 the device  is secured in the closed
 position. The settings at wh;;h the
 device opens shall be established such
 that the device remains in the closed
 position whenever the internal pressure
 of the container is within the internal
 pressure operating range determined by
 the owner or operator based on
 container manufacturer
 recommendations, applicable
 regulations, fire protection and
 prevention codes, standard engineering
codes and practices, or other
requirements for the safe handling of
flammable, ignitable. explosive,
reactive, or hazardous materials.
  Examples of normal operating
  conditions that may require these
  devices to open are during those times
  when the internal pressure of the
  container exceeds the internal pressure
  operating range for the container as a
  result of loading operations or. diurnal
  ambient temperature fluctuations.
    (v) Opening of a safety device, as
  defined in 40 CFR 265.1081. is allowed
  at any time conditions require doing so
  to avoid an unsafe condition.
    (4) The owner or operator of
  containers using Container Level 2
  controls shall inspect the containers and
  their covers and closure devices as
  follows:
    (i) In  the case when a hazardous waste
  already is in the container at the time
  the owner or  operator first accepts
  possession of the container at the
  facility and the container is not emptied
  (i.e., does not meet the conditions for an
  empty container as specified in 40 CFR
  261.7(b)) within 24 hours after the
  container arrives at the facility, the
  owner or operator shall visually inspect
  the container and its cover and closure
  devices  to check for visible cracks.
  holes, gaps, or other open spaces into
 the interior of the container when the
 cover and closure devices are secured in
 the closed position. If a defect is
 detected, the owner or operator shall
 repair the defect in accordance with the
 requirements  of paragraph (d)(4)(iii) of
 this section.
   (ii) In  the case when'a container used
 for managing hazardous waste remains
 at the facility for a period of 1 year or
 more, the owner or operator shall
 visually inspect the container and its
 cover and closure devices initially and
 thereafter, at least once every 12
 months,  to check for visible cracks,
 holes, gaps, or other open spaces into
 the interior of the container when the
 cover and. closure devices are secured in
 the closed position. If a defect is
 detected, the owner or operator shall
 repair the defect in accordance with the
 requirements of paragraph (d)(4)(iii) of
 this section.
  (iii) When a defect is detected for the
 container, cover, or closure devices, the
 owner or operator shall make first_
 efforts at repair of the defect no later
 than 24 hours  after detection, and repair
 shall be completed as soon as possible
 but no later than 5 calendar days after
 detection. If repair of a defect cannot be
 completed within 5 calendar days; then
 the hazardous  waste shall be removed
 from the  container and the container
shall not be used to manage hazardous
 waste until the defect is repaired.
  (e) Container Level 3 standards.
  (1) A container using Container Level
3 controls is one of the following:
    (i) A container that is vented directly
  through a closed-vent system to a
  control device in accordance with the -
  requirements of paragraph (e)(2)(ii) of
  this section.
    (ii) A container'that is vented inside
  an enclosure which is exhausted
  through a closed-vent system to a
  control device in accordance with the
  requirements of paragraphs (e)(2)(i) and
  (e) (2) (ii) of this section.
    (2) The owner or operator shall meet
  the following requirements, as
  applicable to the type of air emission
  control equipment selected by the
  owner or operator
    (i) The container enclosure shall be
  designed and operated in accordance
  with the criteria for a permanent total
  enclosure as specified in "Procedure
  T—Criteria for and Verification of a
  Permanent or Temporary Total
  Enclosure" under 40 CFR 52.741,
  appendix B. The enclosure may have
  permanent or temporary openings to
  allow worker access: passage of
  containers .through the enclosure by,
  conveyor or other mechanical means:
 entry of permanent mechanical or
 electrical equipment: or direct airflow
 into the enclosure. The owner or
 operator shall perform the verification
 procedure for the enclosure as specified
 in Section 5.0 to "Procedure T—Criteria
 for and Verification of a Permanent or
 Temporary Total Enclosure" initially
 when the enclosure is first installed
 and, thereafter, annually.
   (ii) The closed-vent .system and
 control device shall be designed and -
 operated in accordance with the  •
 requirements of § 264.1087 of this
 subpart.
   (3) Safety devices, as defined in 40
 CFR 265.1081, may be installed and
 operated as necessary on  any container,
 enclosure,  closed-vent system, or
 control device used to comply with the
 requirements of paragraph (e)(l) of this
 section.
   (4) Owners and operators using
 Container Level 3 controls in •
 accordance with the  provisions  of this '
 subpart shall inspect and monitor the
 closed-vent systems and control devices
 as specified in § 264.1087 of this
 subpart.
  (5) Owners and operators that use
 Container Level 3 controls in      .
 accordance with the provisions of this
subpart shall  prepare and maintain the
 records specified in § 264.1089(d) of this
subpart.
  (f) For the purpose of compliance
with paragraph (c)(l)(i) or (d)(l)(i) of
this section, containers shall be used
that meet the  applicable U.S.
Department of Transportation (DOT)   .'

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             Federal Register  / Vol. 61, No/228 / Monday. November. 25. 1996 / Rules  and Regulations : 599B5
    regulations on packaging hazardous
    materials for transportation as follows:
      (1) The container meets~the applicable
    requirements specified in 49 CFR part
    178—Specifications for Packaging or 49
    CFR part 179—Specifications for Tank
    Cars.   .
      (2) Hazardous waste is managed in the
    container in accordance with the
    applicable requirements specified in 49
    CFR part 107. subpart B—Exemptions:
    49 CFR part 172—Hazardous Materials
   Table. Special Provisions, Hazardous
   Materials Communications, Emergency
   Response Information, and Training
   Requirements: 49 CFR part 173—
   Shippers—General Requirements for
   Shipments and Packages: and 49 CFR
   part 180—Continuing Qualification and
   Maintenance of Packagings.
     (3) For the purpose of complying with
.,  this subpart, no exceptions to the 49
   CFR part 178 or part 179 regulations are
   allowed except as provided for in
   paragraph (0(4) of this section.
     (4) For a lab pack that .is managed in
   accordance with the requirements of 49
   CFR part 178 for the purpose of
  'complying with this subpart, an owner
 1  or operator may comply with the
   exceptions for combination packagings
   specified in 49 CFR 173.12(b).
    (g) The owner or operator shall use
   the procedure specified in § 264.1083(d)
   of this subpart for determining a
  container operates with no detectable
  organic emissions for the purpose of
  complying with paragraph (d)(l)(ii) of
  this section. .      .        .
    (1) Each potential leak .interface (i:e..
  a location where organic vapor leakage
  could occur) on the container, its cover,
  and associated closure devices, as
  applicable to the container, shall  be
  checked. Potential leak interfaces that
  are associated with containers include,
  but are not limited to: The interface of
  the "cover rim and  the container wail;
  the periphery of any opening on the
  container or container cover and its
  associated closure device: and the
  sealing seat interface on a spring-loaded
  pressure-relief valve.
    (2) The test shall be performed when
  the container is filled with a material
  having a volatile organic concentration
 'representative of the range of volatile
  organic .concentrations for the
  hazardous wastes expected to 'be
  managed in this type of container.
  During the test, the container cover and
  closure devices shall be secured in the
 ; closed position.
   _(h) Procedure for determining a
.container to be vapor-tight using
  Method 27 of 40 CFR part 6C. appendix
 A for the purpose of complying with
 paragraph (d)(l)(m) of this section.
     (1) The test shall be performed in
  accordance with Method 27 of 40 CFR
  part 60, appendix A of this chapter.
     (2) A pressure measurement device
  shall be used that has a precision of +
  2.5 mm water and  that is capable of
  measuring above the pressure at which
  the container is to  be tested for vapor
  tightness.
     (3) If the test results determined by
  Method 27 indicate that the container
  sustains a pressure change less than or
  equal to 750 Pascals within 5 minutes
  after it is pressurized to a minimum of
  4,500 Pascals, then the container is
  determined to be vapor-tight
    21. Section 264.1087 is amended by
  revising paragraph  (b)(3), adding
  paragraph (b)(4). revising paragraphs
  (c)(2), (c)(3)(ii). and (c)(5)(i) (D)-(E). and
  adding paragraph (c) (7) to read as
  follows:

  §264.1087  Standards: Closed-vent
  systems and control devices.  •
  *   '  .»     <     X     a
    (b)
    (3) In the case when the closed-vent
 system includes bypass devices that
 could be used to divert the gas or vapor
 stream to the atmosphere before
 entering the control device, each bypass
 device shall be equipped with either a
 flow indicator as specified in paragraph
 (b)(3)(i) of this section or a seal or
 locking device as specified in,paragraph
 (b)(3)(ii) of this section. For the purpose
 of complying with this paragraph, low
 leg drains, high point bleeds/analyzer
 vents, open-ended valves or lines.
 spring loaded pressure relief valves, and
 other fittings used for safety purposes
 are not considered to be bypass devices.
   (i) If a flow indicator is used to
 comply with paragraph (b) (3) of this
 section, the indicator shall be installed
 at the inlet to the bypass line used to
 divert gases and vapors from the closed-
 vent system to the atmosphere at a; point
 upstream of the control device inlet. For
 this paragraph, a flow indicator means
 a device which indicates the presence of
 either gas or vapor flow in the bypass
 line.
  (ii)  If a seal or locking device is used
 to comply with paragraph (b)(3) of this
 section, the device shall be placed on
 the mechanism by which the bypass
 device position is controlled (e.g., valve
 handle, damper lever) when the bypass
 device is in  the closed position such
 that the bypass device cannot be opened
 without breaking the seal or removing
 the lock. Examples of'such devices
 include, but are not limiteci to, a' car-seal
or a lock-and-key configuration valve.
The owner or operator shall visually
inspect the seal or closure mechanism at
least once every month to verify that the
   bypass mechanism is maintained in :the
   closed position..  ,         ,
     (4) The closed-vent system shall be
   inspected and monitored by the owner
   or operator in accordance with the
   procedure specified in § 264.1033(l)  ,
     (c),« «  «              •        '• . »
     (2) The pwner or operator who elects
   to use a closed-vent system and control
   device to comply with the requirements
   ot this section,shall comply with the
   requirements specified in paragraphs
   (c)(2)(i) through (c)(2)(vi) of this section
    (i) Periods of planned routine
   maintenance of the control device.
  during which the control device does
  not meet the specifications of
  Paragraphs (c)(l)(i). (c)(l)(ii). or
  (c)(l)(m) of this section, as applicable
  shall not exceed 240 hours per year
    (ii) The specifications and
  ^Vu.6.™5™? j" Paragraphs (c)(l)(i).
  (c)(l)(u). and (c)(l)(iii) of this section for
  control devices do not apply during
  periods of planned routine
  maintenance.                       ,
    (iii) the specifications and
  requirements in paragraphs (c) (1) (i)
  (c)(l)(ii). and (c)(l)(iii) of this section for
  control devices do not apply during a
  control dev!ce system malfunction.    :
    (iv) The owner or operator shall
  demonstrate compliance with the
  requirements of paragraph (c)(2)(i) of
  this section (i.e.. planned routine
  maintenance of a control device, during
  which the control device does not meet
  f\e,?,P^:flCa"ons of Paragraphs  (c)(l)(ij.
  (c)(l)(ii). or (c)(l)(iii) of this section, as
 applicable,shall not exceed 240  hours
 per year) by recording the information
 specified in §264.l089(e)(l)(v) of this
 subpart.
   (v) The owner or operator shall
 correct control device system
 malfunctions as soon as practicable after
 their occurrence in order to minimize
 excess emissions of air pollutants.
   (vi) The owner or operator shall
 operate the closed-vent system such that
 gases, vapors, or fumes are not actively
 vented to the control device during
 periods of planned maintenance or
 control device system malfunction (i.e..
 periods when the control device  is riot
 operating or not operating  normally)
 except in cases when it is necessary to
 vent the gases;, vapors, and/or fumes to
 avoid an unsafe condition or to
 implement  malfunction corrective
 actions or planned maintenance actions
   (3) « « «..
   (i)- v-          '      -
  (ii) All carbon removed from the
control device shall be managed in       '
accordance with the requirements of 40
CFR, 264.1033(n).,

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  59966  Federal Register / Vol. 61. No. 228 / Monday, November 25.. 1996 / Rules and Regulations
    (5) ' '  '
    to •  •  •
    (D) A boi)er or industrial furnace
  burning hazardous Waste for which the
  owner or operator has been issued a
  final-permit under 40 CFR part 270 and
•  has designed and operates the unit in
  accordance with the requirements of 40
  CFR part 266, subpart H: or
    (E) A boiler or industrial furnace
  burning hazardous waste for which the
  owner or operator has designed and
  operates in accordance with the interim
  status requirements of 40 CFR part 266.
  subpart H.
  «    *     *     »    «
    (7) The control device shall be
  Inspected and monitored by the owner
  or operator in accordance with the
  procedures specified in 40 CFR
  264.1033(0(2) and 40 CFR 264.10330).
  The readings from each monitoring
  device required by 40 CFR
  264.1033(0(2) shall be inspected at least
  once each operating day to check
  control device operation. Any necessary
  corrective measures shall be
  immediately implemented to ensure the
  control device is operated in
  compliance with the requirements of
  this section.
    22. Section 264.1088 is revised to read
•  as follows:

  §264.1088   Inspection and monitoring
  requirements.
    (a) The owner or operator shall
  inspect and monitor air emission
  control equipment used to comply with
  this subpart in accordance with the
  applicable requirements specified in
  §264.1084 through §264.1087 of this
 subpart.
    (b) The owner or operator shall
  develop and implement a written plan
 and schedule to perform the inspections
 and monitoring required by paragraph
  (a) of this section. The owner or
 operator shall incorporate this plan and
 schedule into the facility inspection
 plan required under 40 CFR 264.15.
   23. Section 264.1089 is revised'to read
 as follows:

 § 264.1089  Recordkeeping requirements.
   (a) Each owner or operator  of a facility
 subject to requirements in this subpart'
 shall record and  maintain the
 information specified in paragraphs (b)
 through (i) of this section, as applicable
 to the facility. Except for air emission
 control equipment design
 documentation and information
 required by paragraph (i) of this section,
 records required by this section shall  be
 maintained In the operating record for a
 minimum of 3 years. Air emission
 control equipment design
'documentation shall be maintained in
 the operating record until the air
 emission control equipment is replaced
 or otherwise no longer in service.
 Information required by'paragraph (i) of
 this section shall be maintained  in the
 operating record for as long as the tank
 or container is not using air emission
 controls specified in §§ 264.1084
 through 264.1087 of this subpart in
 accordance with the conditions
 specified in §264.1084 (d) of this
 subpart.
   (b) The owner or operator of a  tank
 using air emission controls in
 accordance with the requirements of
 § 264.1084 of this subpart shall prepare
 and maintain records for the tank that
 include the following information:
   (1) For each tank using air emission •
 controls in accordance with the
 requirements of § 2644084 of this
 subpart, the owner or operator shall
 record:
   (i) A  tank identification number (or
 other unique identification description
 as selected by the owner or operator).
   (ii) A record for each inspection
 required by § 264.1084 of this subpart
 that includes the following information:
   (A) Date inspection was conducted.
 .  (B) For each defect detected during
 the inspection, the following
 information: The location of the defect,
 a description of the defect, the date of
 detection, and corrective action taken to
 repair the defect. In the event  that repair
 of the defect is delayed in accordance
 with the provisions of § 264.1084 of this
 subpart, the owner or operator shall also
 record the reason for the delay and the
 date that completion of repair of the
 defect is expected.         .
  (2) In addition to the information
 required by paragraph (b)(l) of this
 section, the owner or operator shall
 record the following information, as
 applicable to the, tank:
  '(i) The owner or operator using a
 fixed roof to comply with the Tank
 Level 1  control requirements specified
 in § 264.1084(c) of this subpart shall
 prepare and maintain records for  each
 determination  for the maximum organic
 vapor pressure of the hazardous waste  •
 in the tank performed in accordance
 with the requirements of §264.1084(c)
 of this subpart. The records shall
 include the date and time the samples
 were collected, the analysis method
 used, and the analysis results.
  (ii) The owner or operator using an
 internal floating roof to comply with the
Tank Level 2 control requirements
specified in § 264.1084(e) of this subpart
shall prepare and maintain
 documentation describing the  floating
roof design.
  (iii) Owners and operators using an
external floating roof to comply with the
  Tank Level 2 control requirements
  specified in § 264.1084'(f) of this subpart
  shall prepare and maintain the
  following records:
    (A) Documentation describing the
  floating roof design and the dimensions
.  of the tank.
   • (B) Records for each seal gap
  inspection required by §264.1084(0(3)
  of.this subpart describing the results of
  the seal gap  measurements. The records
  shall include the date that the
  measurements were performed, the raw
  data obtained for the measurements,, and
  the calculations of the total gap surface
  area. In the event that the seal gap
  measurements do not conform to the
.  specifications in §264.1084(0(1) of this
  subpart, the records shall include a
  description of the repairs that were
  made, the date the repairs were made,
  and the date the tank was emptied, if
  necessary.
   (iv) Each owner or operator using an
  enclosure to comply with the Tank
  Level 2 control requirements specified
  in §264.1084(i) of this subpart shall
  prepare and maintain the following
 records:
   (A) Records for the most recent set of
 calculations and measurements
 performed by the owner or operator to
 verify that the enclosure meets the
 criteria of a permanent total enclosure
 as specified in "Procedure T—Criteria
 for and Verification of a Permanent or
 Temporary Total Enclosure" under 40
 CFR 52.741, appendix B.
   (B) Records required for the closed-
 vent system and control device in
 accordance with the requirements of
 paragraph (e) of this section.
   (c) The owner or operator of a surface
 impoundment using air emission
 controls in accordance with the
 requirements of § 264.1085 of this
 subpart shall prepare and maintain
 records for the surface impoundment
 that include the following information:
.   (1) A surface impoundment
 identification number (or other unique
 identification description as selected by
 the owner or operator).
   (2) Documentation describing the
 floating membrane cover or cover
 design, as applicable to the surface
 impoundment, that includes
 information prepared by the. owner or
operator or provided by the cover
 manufacturer or vendor describing the
cover design, and certification by the
owner or operator that the cover meets   -
the specifications listed in §264.1085(c)
of this subpart.                 •
  (3) A record for each inspection
required by §264.1085 of this subpart
that includes the following information:
  (i) Date  inspection was conducted.

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            Federal Register /  Vol.  6i.  No. 228 /Monday. November 25.  1996  /  Rules and Rations   59967
   ,  (ii),For each defect detected during
   the inspection the following  .
   information: The location of the defect
   a description of the defect, the date of '
   detection, and corrective action taken to
   repair the defect. In the event that repair
   of the defect is delayed in accordance
   with the provisions of § 264.1085(0 of
   this subpart. the owner or operator shall
   also record the reason for the delay and
,   the date that completion of repair of the
   defect is expected.
     (4) For a surface impoundment
   equipped with a cover and vented
   through a closed-vent system to a
   control device, the owner or operator
   shall prepare and maintain the records
   specified in paragraph (e) of this -
   section.                          '
     (d) The owner or operator of
   containers .using Container Level 3 air
   emission controls in accordance with
   the requirements of § 264.1086 of this
   subpart shall prepare and maintain
   records that include the following
   information:
    (1) Records for the most recent set of.
  calculations and measurements
  performed by the owner or operator to
  verify that the enclosure meets the
  criteria of a permanent total enclosure
  as specified in "Procedure T—Criteria
  for and Verification of a Permanent or
  Temporary Total Enclosure" under 40
  CFR 52.741. appendix B.
   (2)  Records required for the closed-
  vent system and control device in
  accordance with the requirements of
  paragraph  (e) of this section.    '
   (e) The owner or operator using a
  closed-vent system and control device
  in accordance with' the requirements of
  § 264.1087 of this subpart shall prepare
  and maintain records that include the
  following information:1
   (1) Documentation for the closed-vent
 system and control device that includes:
   (i) Certification that is signed and
 dated by the owner or operator stating
 that the control device is designed to
 operate at the performance level
 documented by a design analysis as
 specified in,paragraph (e)(l)(ii) of this
 section or by performance tests as   '
 specified in paragraph (e)(l)(iii) of this
 section when the tank, surface
 impoundment, or container is or would
 be operating at capacity or the highest,
 level reasonably expected to occur.
   (ii) If a design analysis is used, then
 design documentation as specified in 40
 CFR 264.1035(b)(4). The documentation .
 shall include information prepared by
 the owner or operator or provided by
 the control device manufacturer or
 vendor that describes the control device
 design in accordance with 40 CFR
 264.1035(b)(4)(iii) and certification by
 the owner or operator that the control
   equipment meets the applicable
   specifications.
   ^ (iii) If performance tests are used,
   then a performance test plan as
   specified in 40 CFR 264.1035 (b)(3) and
   all test results.
     (iv) Information as required by 40 CFR
   264.1035(c)(l)and40CFR
   264.1035(c)(2). as applicable.
     (v) An owner or operator shall record.
   on a semiannual basis, the information.
   specified in paragraphs (e)(l)(v)(A) and
   (e)(l)(v)(B) of this section for those
   planned routine maintenance operations
   that would require the control device
   not to meet the requirements of
   §264.1087(c)(l)(i). (c)(l)(ii),  or (c)(l)(iii)
   of this subpart, as applicable.
    (A) A description of the planned
   routine maintenance that is anticipated
   to be performed for the control device
   during the next 6-month period. This
   description shall include the type of
   maintenance necessary, planned
   frequency of maintenance, and lengths
  of maintenance periods.
    (B) A description of the planned
  routine maintenance that was performed
  for the control device during  the
  previous 6-month  period. This ;
  description shall include the  type of
  maintenance performed and the total
  number of hours during those 6 months
  that the control device did not meet the
  requirements of §264.1087 (c)(l)(i),
  (c)(l)(ii), or (c)(l)(iii) of this subpart.-as
  applicable, due to planned routine
  maintenance.               •  '  .
   . (vi) An owner or operator shall record
  the information specified in paragraphs
  (e)(l)(vi)(A) through (e)(l)(vi)(C) of this
 section for those unexpected control
 device system malfunctions that would
 require the control  device not  to meet
 the requirements of §264.1087 (c)(l)(i),
 (c)(l)(ii), or (c)(l)(iii) of this subpart. as
 applicable.    :     :
   (A) The occurrence and duration of
 each malfunction of the control device
 system.
   (B) The duration of each "period
 during a malfunction when gases,
 vapors, or fumes are vented from the
 waste management  unit through the
 closed-vent system to the control device
 while the control device is not properly
 functioning.
   (C) Actions taken during periods of
 malfunction to restore a malfunctioning
 control device to its normal or  usual
 manner of operation.
   (vii) Records of the management of
 carbon removed from a carbon
 adsorption system conducted in
 accordance with § 264.1087(c)(3)(ii) of
 this'subpart.
   (f) The owner or operator o.f a tank.
surface impoundment, or container
exempted from standards in accordance
    with the provisions of §264.1082(c) of
    this^subpart shall prepare and maintain
    the following records, as applicable:
      (1) For tanks, surface impoundments
    or containers exempted under the
    hazardous waste organic  concentration
    conditions specified in §264.1082 (c)(l)
  .  or (c)(2) of this subpart, the owner or
    operator shall record the  information
    used for each waste determination (e g
    test results, measurements, calculations
    and other documentation) in the facility
    operating log. If analysis results for
    waste samples are used for the waste
    determination, then the owner or
   operator shall record the date, time and
   location that each waste sample is
   collected in accordance with applicable
   requirements of § 264.1083 of this
   subpart.
     (2) For tanks, surface impoundments
   or containers exempted under the
   provisions of § 264.1082 (c) (2) (vii) or
   § 264.1082(c) (2) (viii) of this subpart the
   owner or operator shall record the
   identification number for the
   incinerator, boiler, or industrial furnace
   in which the hazardous waste is treated.
     (g) An owner or operator designating
  a cover as "unsafe to inspect and
  monitor" pursuant to §264.1084(1) or
  §264.1085 (g) of this subpart shall record
  in a log that is kept in the facility
  operating record the following
  information: The identification numbers
  for waste management units with covers
  that are designated as "unsafe to inspect
  and monitor," the explanation for each
  coyer stating why the cover is unsafe to
  inspect and monitor, and the plan and.
  schedule for inspecting and monitoring
.each cover.
    (h) The owner or operator of a facility
  that is subject to this subpart and to the
  control device standards in 40 CFR pan
  60, subpart 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.
   (i) For each tank or container not
 using air emission controls specified in
 §§264.1084 through 264.1087 of this
 subpart in accordance with the
 conditions specified in § 264.1080(d) of
 this subpart. the owner "or operator shall
 record'and maintain the following
.information:
,   (1) A list of the individual organic
peroxide compounds manufactured at
the facility that meet the conditions
specified in §264.1080(d)(l)

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  59968   Federal Register / Vol. '61. No.'228 / Monday, November 25. 1996  /  Rules and Regulations
    (2) A description of how the
  hazardous waste containing the organic
  peroxide compounds identified in
  paragraph (i)(l) of this section are
  managed at the facility in tanks and
  containers. This description shall
  Include:
    (i) For the tanks used at the facility to
  manage this hazardous waste, sufficient
  information shall be provided to
  describe for each tank: A facility
  Identification number for the tank: the
  purpose and placement of this tank in
  the management train  of this hazardous
  waste; and the procedures used to
  ultimately dispose of the hazardous
  waste managed in the tanks.
   (H) For containers used at the facility
  to manage these hazardous wastes.
 sufficient information  shall be provided
  to describe: A facility identification
  number for the container or group of
 containers: the purpose and placement
 of this container, or group of containers,
  in the management train of this
 hazardous waste: and the procedures
 used to ultimately dispose of the
 hazardous waste handled in the
 containers.
   (3) An explanation of why managing
 the hazardous waste  containing the
 organic peroxide compounds identified
 in paragraph (i)(l) of this section in the
 tanks and containers as described  in
 paragraph  (i)(2) of this  section would
 create an undue safety  hazard if the air
 emission controls, as required under
 §§264.1084 through  264.1087 of this
 subpart. are installed and operated on
 these waste management units. This
 explanation shall include the  following
 Information:
   (i) For tanks used at the facility to
 manage these hazardous wastes.
 sufficient information shall be provided
 to explain: How use of  the required air
 emission controls on the tanks-would
 affect the tank design features and
 facility operating procedures currently
 used to prevent an undue safety hazard
 during the management of this
 hazardous waste in the tanks:  and why
 installation of safety devices on the
 required air emission controls, as
 allowed under this subpart. will not
 address those situations in which
 evacuation of tanks equipped with these
 air emission controls  is necessary and
 consistent with good  engineering and
 safety practices for handling organic
 peroxides.
  (li) For containers used at the facility .
 to manage these hazardous wastes.
 sufficient information shall be provided
 to explain: How use of the required air
 emission controls on the containers
 would affect the container design
 features and handling procedures
currently used to prevent an undue •
 safety hazard during the management of
 this hazardous waste in the containers:
 and why installation of safety devices
 on the .required air emission controls.-as
 allowed under this subpart, will not
 address those situations in which
 evacuation of containers equipped with
 these air emission controls is necessary
 and consistent with good engineering
 and safety practices for handling organic
 peroxides.
   24. Section 264.1090 is amended by
 revising paragraphs (a) and (b)-to read
 as follows:

 §264.1090  Reporting requirements.
   (a) Each owner or operator managing
 hazardous waste in a tank, surface
 impoundment, or container exempted
 from using air emission controls under
 the provisions of §264.1082 (c) of this
 subpart shall report to the Regional
 Administrator each occurrence when
 hazardous waste is placed in the waste
 management unit in noncompliance
 with the conditions specified in
 §264.1082 (c)(l) or (c)(2) of this subpart.
 as applicable. Examples of such
 occurrences include placing in the
 waste management unit a hazardous
 waste having an average VO
 concentration equal to or greater than
 500  ppmw at the point of waste
 origination: or placing in the waste
 management unit a treated hazardous
 waste of which the organic content has
 been reduced by an organic destruction
 or removal process that fails to achieve
 the applicable conditions specified in
 §264.1082 (c)(2)(i) through  (c)(2)(vi) of
 this subpart. The owner or operator
 shall submit a written report within 15
 calendar days of the time that the owner
 or operator becomes aware of the
 occurrence. The written report shall
 contain the EPA identification number,
 facility name and  address, a description
 of the noncompliance event and  the
 cause, the dates of the noncompliance,
 and the actions taken to correct the
 noncompliance and prevent recurrence
 of the noncompliance. The report shall
 be signed and dated by ah authorized
 representative of the owner or operator.
   (b) Each owner or operator using air
 emission controls  on a tank  in
 accordance with the requirements
 §264.1084(c) of this subpart shall report
 to  the Regional Administrator each
 occurrence when hazardous waste is
 managed in the tank in noncompliance
 with the conditions specified in
 §264.1084(b) of this subpart. The owner
or operator shall submit a written report
 within  15 calendar days of the time that
 the owner or operator becomes aware of
the occurrence. The written report shall
contain the EPA identification number.
facility name and address, a description
  of the noncompliance event and the
  cause, the dates of. the noncompliance.
  and the actions taken to correct the •
 'noncompliance and prevent recurrence
  of the noncompliance. The report shall
  be signed and dated by an authorized
  representative of the owner or operator.
  *    *    *    *    *

  §264.1091  [Removed and reserved]
   25. Part 264 is amended by removing
  and reserving §264.109-1.

  PART 265—INTERIM STATUS
 STANDARDS FOR OWNERS AND
 OPERATORS OF HAZARDOUS WASTE
 TREATMENT, STORAGE, AND
 DISPOSAL FACILITIES

   26. The authority citation for part 265
 continues to read as follows:

   Authority: 42 U.S.C. 6905. 69 L2(a). 6924
 6925. and 6935.

 Subpart 1-rUse and Management of
 Containers

   27. Section 265.178 is revised 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
 applicable requirements of subparts AA.
 BB, and CC of this part.

 Subpart J—Tank Systems

   28. Section 265.202 is revised to read
 as follows:

 § 265.202   Air emission standards.
  The owner or operator shall manage
 all hazardous waste placed in a tank in
 accordance with the applicable
 requirements of subparts AA, BB. and
 CC of this part.

 Subpart K—Surface Impoundments

  29. Section 265.231 is revised to read
 as follows:

 §265.231  Air emission standards.
 . The owner or operator shall manage
 all hazardous waste placed in a surface
 impoundment in accordance with the
 applicable requirements of subparts BB
 and CC of this part.           .

 Subpart AA—Air Emission Standards
for Process Vents        :

  30. Section 265.1030 is amended by
 revising paragraph (b): and by removing "
 the reference "262.34" from  the note at
 the end of the section to read as follows:

§265.1030  Applicability.
 *    *     «     «     *
  (b) Except for §§ 265.10-34, paragraphs
(d) and (e). this subpart applies to

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            Federal Register./  Vol. 61. No.  228 / Monday, November  25.  1996  /  Rules and Regulations
                                                                       59969
   process vents associated with
   distillation, fraetionation, thin-film
   evaporation/solvent extraction, or air or
•   steam stripping operations that manage
   hazardous wastes with organic
   concentrations of at least 10 ppmw. if
   .these operations are conducted in one of
   the following:
    (1) A unit that is subject to the
   permitting requirements of 40 CFR part
   270. or
    (2) A'unit (including a hazardous
  'waste recycling unit) that is not exempt
   from permitting under the provisions of
,   40 CFR 262.34(a) (i.e., a hazardous
   waste recycling unit that is not a 90-day
   tank or container) and that is located at
   a hazardous waste management facility
   otherwise subject to the permitting
   requirements of 40 CFR part 270, or
    (3) A unit that is exempt from
   permitting under the provisions of 40
  CFR 262.34(a) (i.e.. a 90-day tank or
  container).                  .
  *  •  *.    *    *    «
    31. Section 265.1033 is amended by
  revising paragraph (f) (2) (vi)(B):
  redesignating paragraphs (k) and (I) as
  paragraphs (1) and (m) and revising the
  newly designated paragraph (m): by:
  revising paragraph (j); and by adding
  paragraphs (k) and (n) to read as
  follows:

  § 265.1033 'standards: Ck>s«d-v*nt
  systems and control devices.
  **.*«•     e
    (f)« *  ".
    (2) -  -  *
  .- (vi) * *  «.
    (B) A temperature monitoring device
  equipped with a continuous recorder.
  The device shall be capable of
  monitoring temperature with an
  accuracy of ± 1 percent of the
  temperature being monitored in degrees
  Celsius (oC) or ±0.5 oC. whichever is
 greater. The temperature sensor shall be
  installed at a  location  in the exhaust
 vent stream from the condenser exit
  (i.e., product side).
 *     »    »•*.    f      ~  •
   0) A closed-vent system shall meet
 either of the following design
 requirements:       ' •.  •    .
   (1) A closed-vent system shall be
 designed to operate with no detectable
 emissions, as  indicated by an
 instrument reading of less than 500
 ppmv.above background as determined
 by the procedure in § 265.1034(b) of this
 subpart. and by visual inspections: or
   (2) A closed-vent system shall be
 designed to operate at a pressure below
 atmospheric pressure.  The system shall
 be equipped with at least one pressure  '
 gauge or other pressure measurement
 device that ca'h be read from a readily   •
 accessible location to verify that
  negative pressure is being maintained in
  the closed-vent system when the control
  device is operating.   :          ,    .
    (k) The owner or operator shall
  monitor and inspect each closed-vent
  system required to comply with this
  section to ensure proper operation and
  maintenance of the closed-vent system
  by implementing the following
  requirements:
    (l) Each closed-vent system that is
  used to comply with paragraph (j)(l) of
  this section shall be inspected and
  monitored in accordance with the
  following requirements:
    (i) An initial  leak detection
  monitoring of the closed-vent system
  shall be conducted by the owner or
  operator on or before the date that the
  system becomes'subject to this section.
  The owner or operator shall monitor the
  closed-vent system components and
  connections using the procedures
 specified in §265.1034(b) of this subpart
  to demonstrate that the closed-vent
 system operates with no detectable
 emissions, as indicated by an
 instrument reading of less than 500'
 ppmv above background.
   (ii) After initial leak detection
 monitoring required in paragraph
 (k) (1) (i) of this section, the owner or
 operator shall inspect and monitor the
 closed-vent system as follows:
   (A)  Closed-vent system joints, seams,
 or other connections that are
 permanently or semi-permanently
 sealed (e.g., a welded joint between two.
 sections of hard piping or a bolted and
 gasketed ducting flange) shall be
 visually inspected at least once per year
 to check for defects that could result in
 air pollutant emissions. The owner or
 operator shall monitor a component or
 connection using the procedures
 specified in §265.1034(b) of this subpart
 to demonstrate that it operates with no
 detectable emissions following any time
 the component is repaired or replaced
 (e.g., a section of damaged hard piping
 is replaced with  new hard piping) or the
 connection is unsealed (e.g., a flange is
 unbolted).
  (B) Closed-vent system components or
 connections other than those specified
 in paragraph (k)(l)(ii)(A) of this section
shall be monitored annually and at
other times as requested by the Regional
Administrator, except as provided for in
paragraph (n) of this section, using the
procedures specified in §265.1034(b) of
this subpart to demonstrate that the
components or connections operate
with no detectable emissions.
  (iii) In the event that a defect or leak
is detected! the owneror operator shall
repair the defect or leak in accordance
with the requirements of paragraph
(k)(3) of this section.
     (iv) The owner or operator shall
  maintain a record of the inspection and
  monitoring in-accordance with the
  requirements specified in §265.1035 of
  this subpart.
     (2) Each closed-vent system that is
  used to comply with paragraph (j)(2) of
  this section shall be inspected and
  monitored in accordance with the
  following requirements:
    (i) The closed-vent system shall be
  visually inspected by the owner or
  operator to check for defects that could
  result in air pollutant emissions. Defects
  include, but are not limited to, visible
  cracks, holes, or gaps in ductwork or
  piping or loose connections.
    (ii) The owner or operator shall
  perform an initial inspection of the
  closed-vent system on  or before the date
  that the system becomes subject to this
  section. Thereafter, the owner or
  operator shall perform the inspections at
  least once every year.
    (iii) In the event that a defect or leak
  is detected, the owner or operator shall
  repair the defect in accordance with the
  requirements of paragraph (k)(3) of this
  section.                       .
    (iv). The owner or operator shall
  maintain a record of the inspection and
  monitoring in accordance  with the
  requirements specified in § 265.1035 of
  this subpart
    (3) The owner or operator shall repair '
 all detected defects as follows:"
    (i) Detectable emissions, as indicated
 by visual inspection, or by an
 instrument reading greater than 500
 ppmv above background, shall be
 controlled as soon as practicable, but
 not later than 15 calendar days after the
 emission is detected, except as provided
 for in paragraph (k)(3)(iii) of this
 section. -
   (ii) A first attempt at repair shall be
. made no later.than 5 calendar days after
 the emission is detected.               .
   (iii) Delay of repair of a closed-vent
 system for which leaks  have been
 detected is allowed if the repair is
 technically infeasible without a process
 unit shutdown, or if the owner of
 operator determines that emissions
 resulting from immediate repair would
 be  greater than the fugitive emissions
 likely to result from delay of repair.
 Repair of such equipment shall be
 completed by the end of the next
 process unit shutdown.
  (iv) The owner or operator shall
 maintain a record of the defect repair in
 accordance with the requirements
specified in. §265.1035 of this subpart.
  (1) Closed-vent systems and control
 devices used to comply  with provisions
of this.subpart shall be operated at all
times when emissions may be vented to
them.                '           •'"     '

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 59970   Federal Register  /  Vol.  61.  No. 228  /  Monday.  November 25,  1996  /  Rules and  Regulations
   (m) The owner or operator using a  .
 carbon adsorption system to control air
 pollutant emissions shall document that
 alt carbon that is a hazardous waste and
 that is removed from the control device
 is managed in one of the following
 manners, regardless of the average
 volatile organic concentration of the
 carbon:
   (1) Regenerated or reactivated in a
 thermal treatment unit that meets one of
 the following:
   (1) The owner or operator of the unit
 has been issued a final permit under 40
 CFR part 270 which implements the
 requirements of 40 CFR  part 264 subpart
 X: or
   (ii) The unit is equipped with and
 operating air emission controls in
 accordance with the applicable
 requirements of subparts AA and CC of
 either this part or of 40 CFR part 264:   .
 or                            .  . •    .
   (ill) The unit is equipped with and
 operating air emission controls in
 accordance with a national emission
 standard for hazardous air pollutants
 under 40 CFR part 61 or.40 CFR part 631
  (2) Incinerated in a hazardous waste
 incinerator for which the owner or
 operator either:
  (i) Has been issued a final permit
 under 40' CFR  part 270 which
 Implements the requirements of 40 CFR
 part 264. subpart O: or
  (li) Has designed and operates the
 Incinerator in accordance with the
 Interim status  requirements of subpart O
 of this part.
  (3) Burned in a boiler or industrial
 furnace for which the owner or operator
 either
  (i) Has been issued a final permit
 under 40 CFR  part 270 which
 implements the requirements of 40 CFR
 part 266. subpart H: or
  (ii) Has designed and operates the
 boiler or industrial furnace in
accordance with the interim status
requirements of 40 CFR part 266.
subpart H.
  (n) Any co'mponents of a closed-vent
system that are designated, as described
 in§265.1035(c)(9) of this subpart, as
 unsafe to monitor are exempt from the
 requirements of paragraph (k)(l)(ii)(B) of
 this section if:
  (1) The owner or operator of the
closed-vent system determines that the
components of the closed-vent system
are unsafe to monitor because
 monitoring personnel would be  exposed
 to an immediate danger as a
consequence of complying with
 paragraph (k)(l)(ii)(B) of this section:
and
  (2) The owner or operator of the
closed-vent system adheres to a  written-
plan that requires monitoring the
 closed-vent system components using
 the procedure specified in paragraph
 (k)(l)(ii)(B) of this section as frequently
 as practicable duririg safe-to-monitqr
 times.
  32. Section 265.1034 is amended by
 revising paragraph (b) introductory text
 to read as follows:

 § 265.1034  Test methods and procedures.
 *     *    «,*•*•
  (b) When a closed-vent system is
 tested for compliance with no detectable
 emissions, as required in § 265.1033(k)
 of this subpart. the test shall comply
 with the following requirements:
 *,    *    *    *    *
  33. Section 265.1035 is amended by
 revising paragraph (c) (3), adding
 paragraphs (c)(9) and (c)(10) and
 revising paragraph (d) to read as
 follows:

 § 265.1035 Recordkeeping requirements.
 *****
  (c)***
  (3) Monitoring, operating and
 inspection information required by
 paragraphs (f) through (k) of §265.1033
 of this subpart.
 *    *    *    •*    *           •  ' '
  (9) An owner or operator designating
 any components of a closed-vent system
 as unsafe to monitor pursuant to
 § 265.1033(n) of this subpart shall
 record in a log that is kept in the facility
 operating record the identification of
 closed-vent system components .that are
 designated as unsafe to monitor in
 accordance with the requirements of
 § 265.1033(n) of this subpart. an
 explanation for each closed-vent system
 component stating why the closed-vent
system component is unsafe to monitor,
 and the plan for monitoring each closed-
 vent system component,
  (10) When each leak is detected as
specified in § 265.1033(k) of this
subpart, the following information shall
 be recorded:  '          •*
  (i) The instrument identification
 number, the closed-vent system
 component identification number,  and
 the operator name, initials, or
 identification number.
  (ii) The date the leak was detected
 and the date of first attempt to repair the
 leak.
  (iii) The date of successful repair of
 the leak,
  (i-v) Maximum instrument reading
 measured by Methqd 21 of 40 CFR  part
 60. appendix A after it is successfully
 repaired or determined to be
 nonrepayable.
  (v) "Repair delayed" and the reason
 for the delay if a leak is not repaired
within 15 calendar days after discovery
of the leak.
   (A) The owner or operator may
 develop a written procedure that
 identifies the conditions chat justify a
 delay of repair, in such cases, reasons
 for delay of repair may be documented
 by citing the. relevant sections of the
 written procedure.
   (B) If delay of repair was caused by '
 depletion of stocked parts, there must be
 documentation that the spare parts were
 sufficiently stocked on-site before
 depletion and the reason for depletion.
   (d) Records of the monitoring,
 operating, and inspection information
 required by paragraphs (c)(3) through
 (c) (10) of this section shall be
 maintained by the owner or operator for
 at least 3 years following the date of   •
 each occurrence, measurement.
 maintenance, corrective action, or
 record.
Subpart BB—Air Emission Standards
for Equipment Leaks

  34. Section 265.1050 is amended by
revising paragraph (b). adding paragraph
(e) and removing the reference "262.34"
from the note at the end of the section
to read as follows:

§265.1050  Applicability.
****•«'
  (b) Except as provided in
§ 265.106400. this subpart  applies to
equipment that contains or contacts
hazardous wastes with organic
concentrations of at least 10 percent by
weight that are managed in one of the
following:
  .(1) A unit that is subject to the
permitting requirements of 40 CFR part
270. or
  (2) A unit (including a hazardous
waste recycling unit) that is not exempt'
from permitting under the provisions of
40 CFR 262.34(a) (i.e.. a .hazardous
waste recycling un.it that is not a 90-day
tank or container) and that is located at
a hazardous Waste management facility
otherwise subject to the permitting
requirements of 40 CFR part 270. or
  (3) A unit that is exempt  from
permitting under the provisions of 40
CFR 262.34(a) (i.e!. a 90-day tank or
container).
*    *    *    *    *
  (e) Equipment that contains or
contacts hazardous waste with an
organic concentration of at least 10
percent by weight for a peripd of less
than 300 hours per calendar year is
excluded .from the requirements of
§ 265.1052 through § 265.1060 of this
subpart if it is identified as required  in
§265.1064(g)(6) of this subpart.
  35. Section 265.1055 is revised to read
as follows:

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            Federal Register /  Vol.  61.  No. 228-7 Monday, November 25. ,1996 /  Rules and.'Regulations  59971
   §265.1055  Standards: Sampling
   connection systems.                '
     (a) Each sampling connection system
   shall be equipped with a closed-purge,
   closed-loop, or closed-vent system. This
   system shall collect the sample purge
   for return to the process or for routing
   to the appropriate treatment system.
   Gases displaced during filling of the
   sample container are not required to be
   collected or captured.
    (b) Each closed-purge, closed-loop, or
   closed-vent system as required in
   paragraph (a) of this section shall:
    (1) Return the purged process fluid
  directly to the process line: or
    (2) Collect and recycle the purged
  process fluid: or
    (3) Be designed and operated to
  capture and transport alj the purged
  process fluid to a waste management
  unit that complies with the applicable
  requirements of §265.1085 through
  §265. 1087 of this subpart or a control
  device that complies with the
  requirements of § 265. 1060 of this
  subpart.
  • (c) fn-situ sampling systems and
  sampling systems without purges are
  exempt from the requirements of  •
  paragraphs (a) and (b) of this section.
    36. Section 265. 1058 is amended by
  adding paragraph (e) to read as follows:

  §265.1058  Standards: Pumps and valves
  in heavy liquid service, pressure relief
 devices in light liquid or heavy .liquid
 service, and flanges and other connectors.
.  *    *    *    *    »
   (e) Any connector that is inaccessible
 or is ceramic or ceramic-lined (e.g.,
 porcelain, glass, or glass-lined) is
' exempt from the monitoring
 requirements of paragraph (a) of this
 section and from the recordkeeping
 requirements of § 265. 1064,of this
 subpart.
   37. Section 265.1064 is amended by
 adding paragraph (g)(6) to read as
 follows:

 § 265.1064  Recordkeeping requirements.
  §265.1080  Applicability.
   (6) Identification, either by list or
 location (area or group) of equipment
 that contains of contacts hazardous
 waste, with an organic concentration of
 at least 1 0 percent by weight for a
 period of less than 300 hours per year.
 «     * .    * '   *     *'              '

 Subpart CC — Air Emission Standards
 for Tanks, Surface Impoundments, and
Containers                -

  38. Section 265. 1 080 is amended by
adding paragraphs (b)(7) and (b)(8) to
read as follows:
                                 ,
    (7) A hazardous waste management
  unit that the owner or operator certifies
  is equipped with and operating air
  emission controls in accordance with
  the requirements of an applicable Clean
  Air Act regulation codified under 40
  CFR part 60. part 61. or part 63. For the
  purpose of complying with this
  paragraph, a tank  for which the air
  emission control includes an enclosure.
  as opposed to a cover, must be in '
  compliance with the enclosure and
  control device requirements of
  §265.1085(1), except as provided  in
  §265.1083(c)(5J.
    (8) A tank that has a process vent as
  defined in 40 CFR 264.1031.   '
  *    *    ' *   *     *
    39. Section 265.1081 is amended by
  revising the definitions of cover,
  external floating roof, fixed roof, floating
  roof, internal floating roof, maximum
  organic vapor pressure, point of waste
  treatment, vapor-mounted seal and
  volatile organic concentration and by
  adding definitions in alphabetical order
  to read as follows:

  §26511081   Definitions.
  *    , *    '«    *.   '•*•..        > •    '.
   Closure device means a cap, hatch,
  lid, plug, seal, valve, or other type of
  fitting that blocks an opening in a cover
. such that when the device is secured in
 the closed position it prevents or.
 reduces air pollutant emissions to  the
 atmosphere. Closure devices include
 devices that are detachable from the
 cover (e.g., a sampling port cap).
 manually operated  (e.g., a hinged access
 lid or hatch), or automatically operated
 (e.g.. a spring-loaded pressure relief
 valve).
 **.*•*     *
   Continuous seal means a seal that
 forms a continuous closure that
 completely covers the space between
 the edge of the floating roof and the wall
 of a tank. A continuous seal  may be a
 vapor-mounted seal, liquid-mounted
 seal, or metallic shoe seal. A continuous
 seal may be constructed of fastened
 segments so as to form a continuous-
 seal.
 *    ».•*.«    " «          -  -
  Cover means a device that provides a
 continuous barrier over the hazardous
 waste managed in a  unit to preventer
 reduce air pollutant emissions to the
atmosphere. A cover may have, openings
(such as access hatches, sampling ports.
gauge wells) that are necessary for
operation, inspection, maintenance, and
repair of the unit on which the cover is
used.  A cover may be a separate piece
   of equipment which can be detached
   and removed from the unit or a cover
   may be formed by structural features
   permanently integrated  into the design
   of the unit.
   *,**-*«           '
     Enclosure means a structure that
   surrounds a tank or container, captures
   organic vapors emitted from the tank or
   container, and vents the captured
   vapors through a closed-vent system to
   a control device.
   **,«*«        ' '     •
    External floating roof means a
  pontoon-type or double-deck type cover
  that rests on the surface of the material
  managed in a tank with no fixed roof.
  «    «    *.*'•«
    Fared roof means a cover that is
  mounted on a unit in a stationary
  position and does not move with
  fluctuations in the level of the material
  managed in the unit.
  *    *     *.    *    *       .  •-
    Floating roof means a cover consisting
  of a double deck, pontoon single deck,
  or internal floating cover which rests
  upon and is supported  by the material
  being contained, and is equipped with
  a continuous seal.
  *    *    *    .«  '  *   .        •
   Hard-piping means pipe or tubing that
  is manufactured and properly installed
  in accordance with relevant standards
 and good engineering practices.
 -*...   *    *,«.«.
   In light material service means the
 container is used to manage a material
 for which both of the following
 conditions apply: the vapor pressure of
 one or more of the organic constituents
 in the material is greater than 0.3
 kilopascals (kPa) at 20 °C: and the total
 concentration^ the pure organic
 constituents having a vapor pressure
 greater than 0.3 kPa at 20 °C is equal to
 or greater than 20 percent  by weight.
 *    *    *     *   .«'  -
   Internal floating roof means a cover
 that rests or floats on the material
 surface (but not necessarily in complete
 contact with it) inside a  tank that has a
 fixed roof.                           •
 *  •  *   *  •  *   *
   Malfunction means any sudden.
 infrequent, and not reasonably
 preventable failure of air pollution
 control equipment, process equipment.
 or a process to operate in a normal or
 usual manner. Failures that are caused
 in part by poor maintenance or careless
 operation.are not malfunctions.     '  *
 *   .*.-.«    «    ,    ,.•           .  •
  Maximum organic vapor pressure
 means the sum of the individual organic
constituent partial pressures exerted  by
the material contained in a tank, at the

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 59972  Federal Register / Vol. 61. No. 228  /  Monday.  November  25.  1996  /  Rules and Regulations
 maximum vapor pressure-causing
 conditions (i.e., temperature, agitation,
 pH effects of combining wastes, etc.)
 reasonably expected to occur in the
 tank. For the purpose of this subpart.
 maximum organic vapor pressure is
 determined using the procedures
 specified In §265.1084(c) of this
 subpart.
 «•«««<
   Metallic shoe seal means a continuous
 seal that is constructed of metal sheets
 which are held vertically against the
 wall of the tank by springs, weighted
 levers, or other mechanisms and is
 connected to the floating roof by braces
 or other means. A flexible coated fabric
 (envelope) spans the annular space
 between the  metal sheet and the floating
 roof.
 m    m     *     m    *
   No detectable organic emissions
 means no escape of organics to the
 atmosphere as determined using the
 procedure specified in § 265.1084(d) of
 this subpart
 *    *     *     *    *
   Point of waste treatment means the
 point where a hazardous waste to be
 treated in accordance with
 §265.1083(c)(2) of this subpart exits the
 treatment process. Any waste
 determination shall be made before the
 waste is conveyed, handled, or
 otherwise managed in a manner that
 allows the waste to volatilize to the
 atmosphere.
 «    «    *    *   *
   Safety device means a closure device
 such as a pressure relief valve, frangible
 disc, fusible plug, or any other type of
 device which functions exclusively to
 prevent physical damage or permanent
 deformation to a unit or its air emission
 control equipment by venting gases or
 vapors directly to the atmosphere
 during unsafe conditions resulting from
 an unplanned, accidental, or emergency
 event For the purpose of this subpart,
 a safety device is not used for routine
 venting of gases or vapors from the
 vapor headspace underneath a cover
 such as  during filling of the unit or to
 adjust the pressure in this vapor
 headspace in  response to normal daily
 diurnal ambient temperature
 fluctuations. A safety device is designed
 to remain in a closed position during
 normal operations and open only when
 the internal pressure, or another
 relevant parameter, exceeds the device.
 threshold setting applicable to the air
emission control equipment as
 determined by the owner or operator
 based on manufacturer
 recommendations, applicable
regulations, fire protection and
prevention codes, standard engineering
 codes and practices, or other
 requirements for the safe handling of
 flammable, ignitable. explosive,
 reactive, or hazardous materials.
 *    *    ' *    * •    *         •
   Single-seal system means a floating
 roof having one continuous seal. This
 seal may be vapor-mounted, liquid-
 mounted, or a metallic shoe seal.
 *    *    X    *    *
   Vapor-mounted seal means a
 continuous seal that is mounted such
 that there is a vapor space between the
 hazardous waste in the unit and the
 bottom of the seal.
 *****
   Volatile organic concentration or VO
 concentration means the fraction by
 weight of the volatile organic
 compounds contained in a hazardous
 waste expressed in terms of parts per
 million (ppmw) as determined by direct
 measurement or by knowledge of the
 waste in accordance with the
 requirements of §265.1084 of this
 subpart For the purpose of determining
 the VO concentration of a hazardous
 waste, organic compounds with a
 Henry's law constant value of at least  ,
 0.1 mole-fracuon-in-the-gas-phase/mole-
 fracrion-in the liquid-phase (0.1 Y/X)
 (which can also be expressed as
 1.8x10 - 8 atmospheres/gram-mole/m3)
 at 25 degrees Celsius must be included.
 Appendix VI of this subpart presents a
 list of compounds known to have a
 Henry's law constant value less than the
 cutoff level.
 ******
  40. Section 265.1083 is revised to read
 as follows:

 §265.1083   Standards: General.
  (a) This section applies to the
 management of hazardous waste in
 tanks, surface impoundments, and
 containers subject to this subpart.
  (b) The owner or operator shall
 control air pollutant emissions from
 each waste management unit in
 accordance with standards specified in
 §265.1085  through § 265.1088 of this
subpart. as applicable to the waste
 management  unit, except as provided
 for in paragraph (c) of this section.  -
  (c) A tank, surface impoundment; or
container is exempt from standards
specified in § 265.1085 through
§265.1088  of this subpart. as applicable.
provided that the waste management
unit is one of the following:
  (1) A tank, surface impoundment, or
container for  which all hazardous waste
entering the unit has an average VO
concentration at the point of waste
origination of less than 500 parts per
million by weight (ppmw). The average
VO concentration shall be determined
 using the procedures specified in
 §265.1084(a) of this subpart. The owner
 'or operator shall review and update, as
 necessary, this determination at least
 once every 12 months following the date
 of the initial determination for the
 hazardous waste streams entering the
 unit.
   (2) A tank, surface impoundment, or
 container for which the organic content
 of all the hazardous waste entering the
 waste management unit has been
 reduced by an organic destruction or
 removal process that achieves any one
 of the following conditions:
   (i) A process that removes or destroys
 the organics contained in the hazardous
 waste to a level such that the average
 VO concentration of the hazardous
 waste at the point of waste treatment is
 less than the exit concentration limit
 (Cl) established for the process. The
 average VO concentration of the
 hazardous waste at the point of waste
 treatment and the exit concentration
 limit for the process shall be determined
 using the procedures specified in
 § 265.1084(b) of this s,ubpart.
   (ii) A process that removes or destroys
 the organics contained in the hazardous
 waste to a level such that the organic
 reduction efficiency (R) for the process
 is equal to or greater than 95 percent,
 and the average VO concentration of the
 hazardous Waste at the point of waste
 treatment is less than  100 ppmw. The
 organic reduction efficiency for the
 process and the average VO
 concentration of the hazardous waste at
 the point  of waste treatment shall be
 determined  using the procedures
 specified  in §265.1084(b) of this
 subpart.
   (iii) A process that removes or
 destroys the organics contained in the
 hazardous waste to a level such that the
 actual organic mass removal rate (MR)
 for the process is equal to or greater than
 the required organic mass removal rate
 (RMR)  established for  the process. The
 required organic mass removal rate and
 the actual organic mass removal rate for
 the process shall be determined using •
 the procedures specified in
 § 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
 biodegradatton efficiency (Rblo) for the
 process is equal to or greater than 95
 percent. The organic reduction
efficiency and the organic
biodegradation efficiency for the process
shall be determined using the

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             Federal Register / Vol. 61. No.  228 / Monday; November 25. 1996  /  Rules arid Regulations  59973
     procedures specified in §265.1084(b) of
     thissubpart.               '•
      '"(B) The total actual organic mass
     biodegradation rate (MRb,0) 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 thissubpart.
      (v) A process that removes or destroys
    the organics contained in  the hazardous
    waste and meets all of the following
    conditions:       /
      (A) From the point of waste
    origination .through the point where the
    hazardous waste enters the treatment
    process, the hazardous waste is
    managed continuously in waste
    management units which use air  *
    emission controls in accordance with
    the standards specified in  § 265.1085
    through § 265.1088 of this subpart, as
    applicable to the waste management
    unit
      (B) From the point of waste
    origination through the point where the
    hazardous waste enters the treatment
    process, any transfer of the hazardous
    waste is accomplished through
    continuous hard-piping or other closed
    system transfer that does not allow
    exposure of the waste to the
    atmosphere. The EPA considers a drain
    system that meets the requirements of
    40 CFR  part 63. subpart RR—National
    Emission Standards for Individual Drain.
    Systems to he a closed system.
      (C) The average VO concentration of
    the hazardous waste at the  point of
    waste treatment is less than the lowest
  . average  VO concentration at the point of
   waste origination determined for each of
   the individual waste streams entering
   the process or 500 ppmw. whichever
   value is  lower. The average VO
   concentration of each individual waste
   stream at the point of waste origination
   shall be  determined using the
   procedures specified in §265.1084(a) of
   this subpart The average VO
   concentration of the hazardous waste at
   the point of waste treatment shall be
   determined using the procedures
   specified in §265.1084(b) of this
   .subpart.                          •
     (vi) A process that removes or
   destroys the organics contained in the
   hazardous waste to a level such that the
   organic reduction efficiency (R) for the
   process is equal to or greater than 95
   percent and the owner or operator
   certifies that the average VO
•   concentration at the point of waste
 •  origination foreach of the individual
   waste-Streams entering the process is
   less than 10.000 ppmw. The organic
  reduction efficiency for the process and
  the average VO concentration of the
  hazardous waste at the point of waste
  origination shall be determined using
  the procedures specified in
  §265.1084(b) and §265.1084(a) of this
  subpart, respectively.
    (vii) A hazardous waste incinerator
  for which the owner or operator has
.  either:
    (A) Been issued a final permit under
  40 CFR part 270 which implements the
  requirements of 40 CFR part 264,
  subpart O: or
    (B) Has designed and operates the
  incinerator in accordance with the
  interim status requirements of subpart O
  of this part
    (viii) A boiler or industrial furnace for
  which the owner or operator has either
    (A) Been issued a final permit under
  40 CFR part 270  which implements the
  requirements of 40 CFR part 266,
  subpart H, or
    (B) Has designed and operates the
  boiler or industrial furnace in
  accordance with the interim status
  requirements of 40 CFR part 266,
 subpart H.         ,
   (ix) For the purpose of determining
 the" performance of an organic
 destruction or removal process in
 accordance with  the conditions in each
 of paragraphs (c)(2)(i) through (c)(2)(yi)
 of this section, the owner or operator
 shall account for VO concentrations
 determined to be below the limit of
 detection of the analytical method by
 using the following VO concentration:
   (A) If Method 25D  in 40 CFR part 60,
 appendix A is used for the analysis.
 one-half the blank value determined in
 the method.                    •
   (B) If any other analytical method is
 used, one-half the limit of detection
 established for the method.
   (3) A tank used for biological
treatment of hazardous waste in
accordance with the requirements of
paragraph (c) (2) (iv) of this section.
  .(4) A tank, surface impoundment, or
container for which all hazardous waste
placed in the unit either
  (i) Meets the numerical concentration
limits for organic  hazardous
constituents, applicable to the
hazardous waste, as specified in 40 CFR
part 268—Land Disposal Restrictions
under Table 'Treatment Standards for
Hazardous Waste" in 40 CFR 268.40: or
  (ii) Has been treated by the treatment
technology established by EPA for the
waste in 40 CFR 268.42(a), or treated by
an equivalent.method of treatment
approved by EPA pursuant to 40 CFR
268.42(b).  .
  (5) A tank used for bulk feed of
hazardous waste to a waste incinerator
  and all of the following conditions are
  met:         ;
   : (i) The tank is located inside an
  enclosure vented to a control device that
  is designed and operated in accordance
  with all applicable requirements
  specified under 40 CFR part 61, subpart
  FF—National Emission Standards for
  Benzene Waste Operations for a facility
  at which the total annual benzene
  quantity from the facility waste  is equal
  to or greater than 10 megagrams per
  year,                      ,
    (ii) The enclosure and control device
  serving the tank were installed and
  began operation prior to November 25
  1996: and
   (iii) The enclosure is designed and
  operated in accordance with the criteria
  for a permanent total enclosure as
  specified in "Procedure T--Criteria for
  and Verification of a Permanent or
  Temporary Total Enclosure" under 40
  CFR 52.741. Appendix B. The enclosure
  may have permanent or temporary
  openings to allow worker access:
  passage of material into or out of the
  enclosure by conveyor, vehicles, or
  other mechanical or electrical
  equipment: or to direct air flow into the
  enclosure. The owner or operator shall
  perform the verification procedure for
  the enclosure as specified in Section 5.0
  to "Procedure.T—Criteria for and
  Verification of a Permanent or
 Temporary Total Enclosure" annually.
   (d) The Regional Administrator may
 at any time perform or request that the
 owner or operator perform a waste '
 determination for a hazardous waste
 managed in a tank, surface
 impoundment, or container exempted
 from using air emission controls under
 the provisions of this section as follows-
  (1) The waste determination for
 average VO concentration of a
 hazardous waste at the point of waste
 origination shall be performed using
 direct measurement in accordance with
 the applicable requirements of
 § 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 performing a waste
 determination pursuant to paragraph
 (d)(l) of this section, the sample
 preparation and analysis shall be
 conducted as follows:
  (i) In accordance with the method
 used by the owner or operator to
 perform the waste analysis, except in
 the case specified in paragraph (d)(2)(ii)
of this_ section.              '    .
  (ii) If the Regional Administrator
determines that the method used by the
owner or operator was not appropriate

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 59974   Federal  Register / Vol. 61. No.  228 / Monday. November 25. 1996 / Rules  and Regulations
 Tor the hazardous waste managed in the
 lank, surface impoundment, or
 container, then the Regional
 Administrator may choose an
 appropriate method.
   (3) In a case when the owner or
 operator is requested to perform the
 waste determination, the Regional
 Administrator may elect to have an
 authorized representative observe the
 collection of the hazardous waste
 samples used  for the analysis.
   (4) In a case when the results of the
 waste determination performed or
 requested by the Regional Administrator
 do not agree with the results of a waste
 determination performed by the owner
 or operator using knowledge of the •
 waste, then the results of the waste
 determination performed in accordance
 with the requirements of paragraph
 (d) (1) of this section shall be used to
 establish compliance with the
 requirements of this subpart.
   (5) In a case when the owner or
 operator has used an averaging period
 greater than 1  hour for determining the
 average VO concentration of a
 hazardous waste at the point of waste
 origination, the Regional Administrator
 may elect to establish compliance with
 this subpart by performing or requesting
 that the owner or operator perform a
 waste determination using direct
 measurement based on waste samples
 collected within a 1-hour period as
 follows:
   (1) 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 500 ppmw
 shall constitute noncompliance with
 this subpart except in a case as provided
 for in paragraph (d)(5)(iii) of this
 section.
  (iii) For the case when the average VO
 concentration of the hazardous waste at
 the point of waste originatio n
 previously has been determined by the
 owner or operator using an averaging
 period greater than 1 hour to be less
 than 500 ppmw but because of normal
 operating process variations the VO
 concentration of the hazardous waste  •
 determined by direct measurement for
 any given  1-hour period may be equal
 to or greater than 500 ppmw.
 information that was used by the owner
or operator to determine the average VO
concentration of the hazardous waste
 (e.g.. test results, measurements.
 calculations, and other documentation)
 and recorded in the facility records in
 accordance with the requirements'of
 § 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.
   41. Section 265.1084 is revised to read
 as follows:

 § 265.1084  Waste determination
 procedures.  •
   (a) Waste determination procedure to
 determine average volatile organic (VO)
 concentration of a hazardous waste at
 the point of waste origination.
   (1) An owner or operator shall
 determine the average VO concentration
 at the point of waste origination for each
 hazardous waste placed in a waste
 management unit exempted under the
 provisions of § 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
  (2) The average VO concentration of a
 hazardous waste at the point of waste
 origination shall be determined using
 either direct measurement as specified
 in paragraph  (a) (3) of this.section or by
 knowledge as specified in paragraph
 (a) (4) of this section.
  (3) Direct measurement to determine
 average VO concentration of a
 hazardous waste at the point of waste
 origination.
  (i) Identification. The owner or
 operator shall identify and record the
 point of waste origination for the
 hazardous waste.
  (ii) Sampling. Samples of the
 hazardous waste stream shall be
 collected at the point of waste
 origination in a manner such that
 volatilization of organics contained in
 the waste and in the subsequent sample
 is minimized and an adequately
 representative sample is collected and  •
 maintained for analysis by the selected  .
 method.
  (A) The averaging period to be used
 for determining the average VO
 concentration for the hazardous waste
stream on a mass-weighted average basis
shall be designated and recorded. The
 averaging period can represent any time
 interval that the owner or operator
 determines is appropriate for the
 hazardous waste stream but shall not
exceed 1 year.
  (B) A sufficient number of samples,
 but no  less than four simples, shall be
collected for the hazardous waste stream
to represent the complete range of
  compositions and quantities that occur
  during the entire averaging period due
  to normal variations in the operating
  conditions for the source or process
  generating the hazardous waste stream.
  Examples of such noCmal variations are
  seasonal variations in waste quantity or
  fluctuations in ambient temperature.
    (C) All samples shall be collected and
  handled in accordance with written
  procedures prepared by the'owner or
  operator and documented in a site
  sampling plan. This plan shall describe
  the procedure by which representative
  samples of the hazardous waste stream
  are collected such that a minimum  loss
  of organics occurs throughout the
  sample collection and handling process,
  and by which sample integrity is
  maintained. A copy of the written
  sampling plan shall be maintained on-
  site in the facility operating records. An
  example of an acceptable sampling  plan
  includes a plan incorporating sample
  collection and handling procedures in
  accordance with the requirements
  specified in 'Test Methods for
  Evaluating Solid Waste, Physical/
  Chemical  Methods," EPA Publication
  SW-846, (incorporated by reference—
  refer to § 260.11 (a) of this chapter), or in
  Method.25D in 40 CFR part 60,
  appendix A.
    (iii) Analysis. Each collected sample
  shall be prepared and analyzed in
  accordance with one or more of the
  methods listed in paragraphs
  (a) (3) (iii) (A) through (a)(3) (iii) (I) of this
  section, including appropriate quality
  assurance  and quality control (QA/QC)
  checks and use of target compounds for
  calibration. If Method 25D in 40 CFR
  part 60, appendix A is not used, then
  one or more methods should be chosen
  that are appropriate to ensure that the
  waste determination accounts for and
  reflects all organic compounds in the
.  waste with Henry's law constant values
  at least 0.1 mole-fraction-in-the-gas-
  phase/mole-fraction-in-the-liquid-phase
  (0.1 Y/X) [which can also  be expressed
  as 1.8 x 10~6 atmospheres/gram-mole/
  m3] at 25 degrees Celsius. Each of the
  analytical  methods listed in paragraphs
  (a)(3)(iii)(B) through (a)(3) (iii)(G) of  this
 section has an associated list of
  approved chemical compounds, for
  which EPA considers the method
  appropriate for measurement. If an
  owner or operator uses EPA Method
  624. 625. 1624, or 1625 in 40 CFR part
  136, appendix A to analyze one or more
 compounds that are not on that
  method's published list, the Alternative
 Test Procedure contained  in 40 CFR
  136.4 and  136.5 must be followed. If an
 owner or operator uses EPA Method
 8260(B) or 8270(C) in 'Test Methods for
 Evaluating So.lid Waste. Physical/

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            Federal  Register / Vol. 61. No; 228 / Monday.  November 25, 1996 ./ Rules and Regulations   59975
   Chemical Methods". EPA Publication
   SW-846. (incorporated by reference-
   refer to §260.11 (a) of this chapter) to
   analyze one or more compounds that are
  . not on that method's published list, the
   procedures in paragraph (a)(3)(iii)(H) of
   this section must be followed. At the
   owner's or operator's discretion, the
;  concentration of each individual
   chemical constituent measured in the
   waste by a method other than Method
   25D may be corrected to the
   concentration had it been measured
   using Method 25D by multiplying the
   measured concentration by the
   constituent-specific adjustment factor
   (fm23D) as specified in paragraph
   (a) (4) (iii) of this section. Constituent-
  specific adjustment factors (fmzsn) can
   be obtained by contacting the Waste and
•  Chemical Processes Group, Office of Air
  Quality Planning and Standards,
  Research .Triangle Park. NC 27711. (A)
  , Method 25D in 40 CFR part 60,
  appendix A.
     (B) Method 624 in 40 CFR part 136.
  appendix A.
     (C) Method 625 in 40 CFR part 136.
.  appendix A. Perform corrections to the
  compounds for which the analysis is
  being conducted based on the "accuracy
  as recovery" using the factors in Table
  7 of the method.
    (D) Method 1624 in 40 CFR part 136.
  appendix A.-
    (E) Method 1625 in 40 CFR part 136.
 ' appendix A.
    (F) Method 8260(B) in 'Test Methods
  for Evaluating Solid  Waste. Physical/
  Chemical Methods", EPA Publication
  SW-846, (incorporated by reference—
  refer to § 260.11 (a) of this chapter).
.  Maintain a formal quality assurance
  program consistent with the
  requirements of Method 8260(B). The
  quality assurance program shall include
  the following elements:     ,
    (/) Documentation of site-specific
  procedures to minimize the loss of
'  compounds due to volatilization.
  biodegradation. reaction, or sorption
  during the sample collection; storage.
  preparation, introduction, and analysis
  steps.         I
    (2) Measurement of the overall
  accuracy and precision of the specific
  procedures.        .                 '  ,
    (C) Method 8270(C) in 'Test Methods
  for Evaluating Solid Waste. Physical/
  Chemical Methods". EPA Publication
  SW-846. (incorporated by  reference—
  refer to § 260.11 (a) of this chapter).
  Maintain a formal quality assurance
  program consistent with the
  requirements of Method 8270(C).  The
  quality assurance program  shall include
  the following elements:
   (/) Documentation of site-specific
  procedures to minimize the loss of
  compounds due to volatilization,    ;
  biodegradation. reaction, or sorption
  during the sample collection, storage,
  and preparation steps.
   . (2) Measurement of the overall
  accuracy and precision of the specific
  procedures.                    '    ,
    (H) Any other EPA standard method
  that has been validated in accordance
  with "Alternative Validation Procedure
  for EPA Waste and Wastewater
  Methods", 40 CFR part 63. appendix D.
  As an alternative, other EPA standard
  methods may be validated by the  "
  procedure specified in paragraph
  (a) (3) (iii) (I) of this section.
    (I) Any other analysis method' that has
  been validated in accordance with the
  procedures specified in Section 5.1 or
  Section 5.3, and the corresponding
  calculations in Section 6.1 or Section
  6.3. of Method 301 in 40 CFR part 63.
  appendix A. The data are acceptable if
  they meet the criteria specified in
  Section 6.1.5 or Section 6.3.3 of Method
  301. If correction is required under
 section 6.3.3 of Method 301. the data are
 acceptable if the correction factor is
 within the range 0.7 to 1.30. Other
 sections of Method 301 are not required.
   (iv) Calculations. The average VO
 concentration (C) on a mass-weighted
 basis shall be calculated by using the
 results for all samples analyzed in
 accordance with paragraph (a)(3)(iii) of
 this section and the following equation:
 Where:                    .
 C = Average VO concentration of the
    hazardous waste at the point of
    waste origination On a mass-
    weighted basis, ppmw.
 i = Individual sample "I" of the
    hazardous waste.
 n = Total number of samples of the
    hazardous waste collected (at least
    4) for the averaging period (not to
    exceed 1 year).
 Qi = Mass quantity of hazardous waste
    stream represented by C,, kg/hr.
 QT = Total mass quantity of hazardous
    waste during  the averaging period.
    kg/hr.
 Ci == Measured VO concentration of
    sample "i" as determined in
    accordance with the requirements
    of § 265.1084 (a) (3) (iii) of this ,
    subpart. ppmw.                ,
  (4) Use of owner or operator
knowledge to determine average VO
concentration of a hazardous waste at
the point of waste  origination,
  (i) Documentation shall be prepared
that presents the information used as  '
the basis for the owner's or operator's
  knowledge of the hazardous waste
  stream's average VO concentration.
  Examples of information that may be
  used as the basis for knowledge include:
  Material balances for the source or
  process generating the hazardous waste
  stream: constituent-specific chemical
  test data for the hazardous waste stream
  from previous testing that are still
  applicable to the current waste stream-
  previous test data for other locations
  managing the same type of waste
  stream: or other knowledge based on
  information included in manifests.
  shipping papers, or waste certification
  notices.   •   •
    (ii) If test data are used as the basis
  for knowledge,  then the owner or
  operator shall document the test
  method, sampling protocol, and the
  means by which sampling variability
  and analytical variability are accounted
  for in the determination of the average
  VO concentration. For example, an
  owner or operator may use organic
  concentration test data for the
  hazardous waste stream that are
  validated in accordance with Method
  301 in 40 CFR part 63. appendix A as
  the basis for knowledge of the waste.
   (iii) An'owner or operator using
 chemical constituent-specific
 concentration test data as the basis for
 knowledge of the hazardous waste may
 adjust the test data to the corresponding
 average VO concentration value which
 would have been obtained had the
 waste samples been analyzed using
 Method 25D in 40 CFR part 60,
 appendix A. To adjust; these data, the
 measured concentration for each
 individual chemical constituent
 contained in the waste is multiplied by
 the appropriate constituent-specific
 adjustment factor (fm2JD).
   (iv) In the event that the Regional
 Administrator and the owner or
 operator disagree on a determination of
 the average VO concentration for a
 hazardous waste stream  using
 knowledge, then the results from a
 determination of average VO
 concentration using direct measurement
 as specified in paragraph (a)(3) of this
 section shall be used to establish
 compliance with the applicable
 requirements of this subpart. The
 Regional Administrator may perform or
 request that the owner or operator
 perform this determination using direct
 measurement.
  , (b) Waste determination procedures
 for treated hazardous waste.
  (1) An owner or operator shall
 perform the applicable waste
 determination for each treated
 hazardous waste  placed in a waste
 management unit exempted under the
provisions of §265.1083.(c)(2) of this

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   59976  Federal Register / Vol. 61. No.  228 / Monday, November 25. 1996 / Rules and Regulations
  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.
    (2) The owner or operator shall
  designate and record the specific
  provision in §265.1083(c)(2) of this
  subpart under which the waste
  determination is being performed. The
  waste determination for the treated
  hazardous waste shall be performed
  using the applicable procedures
  specified in paragraphs (b)(3) through
  (b) (9) of this section.
    (3) Procedure to determine the
  average VO concentration of a
  hazardous waste at the point of waste
  treatment.
    (I) Identification. The owner or
  operator shall identify and record the
  point of waste treatment for the
  hazardous waste.
    (li) Sampling. Samples of the
  hazardous waste stream shall be
  collected at the point of waste treatment
  in a manner such that volatilization of
  organics contained in the waste and in
  the subsequent sample is minimized
  and "an adequately representative
  sample is collected and maintained for
  analysis by the selected method.
    (A) The averaging period to be used
  for determining the average VO
  concentration for the hazardous waste
  stream on a mass-weighted avenge basis
  shall be designated and recorded. The
  averaging period can represent any time
  Interval that the  owner or operator
  determines is appropriate for the
  hazardous waste stream but shall not
  exceed 1 year.
    (B) A sufficient, number of samples.
  but no less than four samples, shall be
  collected for the  hazardous waste stream
  to represent the complete range of
  compositions and quantities that occur
  during the entire averaging period due
  to normal variations in the operating
  conditions for the process treating the
  hazardous waste stream. Examples of
  such normal variations are seasonal
  variations in waste quantity or
  fluctuations in ambient temperature.
   (C) All samples shall be collected and
  handled in accordance with written
  procedures prepared by the owner or •
  operator and documented in a site
 sampling plan. This plan shall describe
  the procedure by which representative
 samples of the hazardous waste stream
 are collected such that a minimum loss •
 of organics occurs throughout the
 sample collection and handling process.
 and by which sample integrity is
  maintained. A copy of the written
 sampling plan shall be maintained on-
 slte in the facility operating records. An
> example of an acceptable sampling plan
 includes a plan incorporating sample
 collection and handling procedures in
 accordance with the 'requirements
 specified in 'Test Methods for
 Evaluating Solid Waste. Physical/
 Chemical Methods." EPA Publication
 No. SW-846 (incorporated by
 reference—refer to § 260.11 (a) of this
 chapter), or in Method 25D in 40 CFR
 part 60. appendix A.
   (iii) Analysis. Each collected sample
 shall be prepared and analyzed in
 accordance with one or more of the
 methods listed in paragraphs
 (b)(3)(iii)(A) through (b)(3)(iii)(I) of this
 section, including appropriate quality
 assurance and quality control (QA/QC)
 checks and use of target compounds for
 calibration. If Method 25D  in 40 CFR
 part 60, appendix A is not used, then
 one or more methods should be chosen
 that are appropriate to ensure that the
 waste determination accounts for and
 reflects all organic compounds in the
 waste with Henry's law constant values
 atleast 0.1 mole-fraction-in-the-gas-
 phase/mole-fraction-in-the-liquid-phase
 (0.1 Y/X)  [which can also be expressed
 as 1.8x10 -« atmospheres/gram-mole/
 m3] at 25 degrees Celsius. Each of the
 analytical methods listed in paragraphs
 (b)(3)(iii)(B) through (b)(3)(iu)(G) of this
 section has an associated list of
 approved chemical compounds, for
 which EPA considers the method
 appropriate for measurement. If an
 owner or operator uses EPA Method
 624,625.1624, or 1625 in 40 CFR part
 136, appendix A to analyze one or more
 compounds that are not on that
 method's published list, the Alternative
 Test Procedure contained in 40 CFR  .
 136.4 and 136.5 must be followed. If an
 owner or operator uses EPA Method
 8260(B) or 8270(C) in 'Test Methods for
 Evaluating Solid Waste, Physical/
 Chemical Methods". EPA Publication
 SW-846 (incorporated by reference—
 refer to §260.11 (a) of this chapter)  to
 analyze one or more compounds that are
 not on that method's published list, the
 procedures in paragraph (b)(3)(iii)(H) of
 this section must be followed. At the
 owner's or operator's discretion, the
 concentration of each individual
 chemical constituent measured in the
 waste by a method other than Method
 25D may be corrected to the
 concentration had it been measured
 using Method 25D by multiplying the
 measured concentration by the
 constituent-specific adjustment factor
 (fmuo)  as specified in paragraph
 (a) (4) (iii) of this section. Constituent-
specific adjustment factors (fmiso) can
 be obtained by contacting the Waste and
 Chemical Processes Group. Office of Air
  Quality Planning and Standards,
  Research Triangle Park, NC 27711
    (A) Method 25D in 40 CFR part 60.
  appendix A.
    (B) Method 624 in 40 CFR part 136.
  appendix A.
    (C) Method 625 in 40 CFR part 136.
  appendix A. Perform corrections to the
  compounds for which the analysis is
  being conducted based on the "accuracy
  as recovery" using the factors in Table
  7 of the method.
   (D) Method 1624 in 40 CFR part 136
  appendix A.
   (E) Method 1625 in 40 CFR part 136.
  appendix A.
   (F) Method 8260(B) in "Test Methods
  for Evaluating Solid Waste, Physical/
  Chemical Methods". EPA Publication
 SW-846. (incorporated by reference—
  refer to §260.11 (a) of this chapter).
 Maintain a formal quality assurance
 program consistent with the
 requirements  of Method 8260(B). The
 quality assurance program shall include
 the following elements:
   (1) Documentation of site-specific
 procedures to minimize the loss of
 compounds due to volatilization.
 biodegradatioh, reaction, or sorption
 during the sample collection, storage.
 preparation, introduction, and analysis
 steps.
   (Z) Measurement of the overall
 accuracy and precision of the specific
 procedures.
   (G) Method  8270 (C) in 'Test Methods
 for Evaluating Solid Waste. Physical/
 Chemical Methods". EPA Publication
 SW-846, (incorporated by reference—
 refer to § 260.11 (a) of this chapter).
 Maintain a formal quality assurance
 program consistent, with the
 requirements of Method 8270(C). The
 quality, assurance program shall include
 the following elements:
  (1) Documentation of site-specific
 procedures to  minimize the loss of
 compounds due to volatilization.
 biodegradation, reaction, or sorption
 during the sample collection, storage.
 preparation, introduction, 'and analysis
 steps.
  (2) Measurement of the overall
 accuracy and precision of the specific •
 procedures.
  (H) Any other EPA standard method
 that has been validated in accordance
 with "Alternative Validation Procedure.,
 for EPA Waste and Wastewater
 Methods". 40 CFR pan 63. appendix D.
 As an alternative,  other EPA standard
 methods may be validated by the
 procedure specified in paragraph
 (b)(3)(iii)a) of this section.
  (I) Any other analysis method that has
 been validated in accordance with the
procedures specified in Section 5.1 or
Section 5.3, and the corresponding

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         Federal .Register./  Vol.  61.  No. 228 / Monday. November  25.  1996  /  Rules and Regulations   59977
calculations in Section 6.1 or Section
6.3. of Method 301. in 40 CFR part 63,
appendix A. The data are acceptable if
they meet the criteria specified in
Section 6.1.5 or Section 6.3.3 of Method
301. If correction is required under
section 6.3.3 of Method 301. the data are
acceptable if the correction factor is
within the range 0.7 to  1.30. Other
sections of Method 301 are not required.
  (iv) Calculations. The average VO
concentration (C) on a mass-weighted
basis shall be calculated by using the
results for all samples analyzed in
accordance with paragraph (b)(3)(iii) of
this section and the following equation:
  Where:

  C= Average VO concentration of the
      hazardous waste at the point of
      waste treatment on a mass-weighted
      basis, ppmw.
  i = Individual sample "i" of the
      hazardous waste.      ,
  n = Total number of samples of the
      hazardous waste collected (at least
      4) for the averaging period (not to
      exceed 1 year).
  Qi = Mass quantity of hazardous waste
      stream represented by Q, kg/hr.
  QT = Total mass quantity of hazardous
      waste during the averaging period,
     kg/hr.
  C, - Measured VO concentration of
     sample "i" as determined in
     accordance with the requirements
     of §265.1084(b)(3)(iii) of this
     subpart. ppmw.
    (4) Procedure to determine the exit
  concentration limit (Ct) fora treated
  hazardous waste.
   (i) The point of waste origination for
  each hazardous waste treated by the
  process at the same time shall be
  identified.
  , (ii) If a single hazardous waste stream
  is identified in paragraph (b)(4)(i) of this
  section, then the exit concentration
  limit (C,) shall be 500 ppmw.
   (Hi) If more than one hazardous waste
  stream is identified in paragraph .
  (b)(4)(i) of this section, then the average
  VO concentration of each hazardous
'  waste stream at the point of waste
  origination shall be determined in
  accordance with the requirements of
  paragraph (a) of this section. The exit
  concentration limit (Ct) shall be
 calculated by using the results
 determined for each individual
 hazardous waste stream and the
• following equation:
                           x500
       X.I
                    y-l
                x«i
                        y=l
  Where:           .
  Ct = Exit concentration limit for treated
      hazardous waste, ppmw.
  x = Individual hazardous waste stream
      "x" that has art average VO
      concentration less than 500 ppmw
      at the point of waste origination as
      determined in accordance with the
      requirements of §265.1084(a) of
      this subpart.
 y = Individual hazardous waste stream
      "y" that has an average VO
      concentration equal to or greater
      than 500 ppmw at the point of
      waste origination as determined in
      accordance with the requirements
      of § 265.1084(a) of this subpart.
 m = Total number of "x" hazardous
      waste streams treated by process.
 n = Total number of "y" hazardous
     waste streams treated by process.
 Qx = Annual mass quantity of hazardous
     waste stream "x." kg/yr.
•Qy = Annual mass quantity of hazardous
     waste stream "y." kg/yr.  ,
 Cx =. Average VO concentration of
     hazardous waste stream "x" at the
     point of waste origination as
     determined in accordance with the
     requirements of § 265.1084(a) of
     this subpart. ppmw.
   (5) Procedure to determine the organic
 reduction efficiency (R) for a treated
 hazardous waste.              ,
   (i) The organic reduction efficiency
 (R) for a treatment process shall be
 determined based on results, for a
 minimum of three consecutive runs.
   (ii) All hazardous waste streams
entering the treatment process and all
hazardous waste streams exiting the
treatment process shall be identified.
The owner or operator shall prepare a
sampling plan for measuring these
streams that accurately reflects the
retention time of the hazardous waste in
the process.
   (iii) For each run. information shall be
determined for each hazardous waste
stream identified in paragraph (b)(5)(ii)
of this section using the following
procedures:          ,
  (A) The mass quantity of each
hazardous waste stream entering the
process (Qb) and the mass quantity of
each hazardous waste stream exiting the
process (Q.) shallbe determined.
  (B)  The average VO concentration at
the point of waste origination, of each
hazardous waste stream entering the
process (Cb) during the run shall be
determined in accordance with the
                                                                                 requirements of paragraph (a)(3) of this
                                                                                 section. The average VO concentration
                                                                                 at the point of waste treatment of each
                                                                                 waste stream exiting the process (Ca)
                                                                                 during the run shall be determined in
                                                                                 accordance with the requirements of
                                                                                 paragraph (b) (3) of this section.
                                                                                   (iv) The waste volatile organic mass
                                                                               •  flow entering the process (&,) and the
                                                                                 waste volatile organic mass flow exiting
                                                                                 the process  (E.) shall be calculated by
                                                                                 using the, results determined in
                                                                                 accordance with paragraph (b)(5)(iii) of
                                                                                 this section and the following equations:
                                                                              Where:
                                                                              E, = Waste volatile organic mass flow
                                                                                 exiting process, kg/hr.
                                                                              Eb = Waste volatile organic mass flow
                                                                                 entering process, kg/hr.
                                                                              m = Total number of runs (at least 3)
                                                                             j = Individual run "j"
                                                                              Qb = Mass quantity of hazardous waste
                                                                                 entering process during run "j,". kg/
                                                                                 hr.
                                                                              Q» - Average mass quantity of
                                                                                 hazardous waste exiting process
                                                                                 during run "j," kg/hr.
                                                                             .C, = Average VO concentration of
                                                                                 hazardous waste exiting process
                                                                                 during run "j" as determined in
                                                                                 accordance with the requirements
                                                                               .  of §265.1 084 (b) (3) of this subpart.
                                                                                 ppmw.
                                                                             Cb = Average VO concentration of
                                                                                 hazardous waste entering process
                                                                                 during run Mj" as determined in
                                                                                 accordance with the requirements
                                                                                 of § 265.1084(a)(3) of this subpart.
                                                                                 ppmw.
                                                                               (v) The organic reduction efficiency of
                                                                             the process shall be calculated by using
                                                                             the results determined in  accordance
                                                                             with paragraph (b)(5)(iv) of this section
                                                                             and the following equation:
                                                                                      R =
                                                                                          Eb-E
                                                                                                  xlOO%
                                                                             Where:
                                                                             R = Organic reduction efficiency.
                                                                                percent.                "
                                                                             Eb = Waste volatile organic mass flow
                                                                                entering process as determined in
                                                                                accordance with the requirements
                                                                                of paragraph (b)(5)(iv) of this
                                                                                section, kg/hr..
                                                                             E, 5= Waste volatile organic mass flow
                                                                                exiting process, as determined in
                                                                                accordance with the requirements
                                                                                of paragraph (b)(5)(iv) of this
                                                                                section, kg/hr.

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  59978   Federal Register  /  Vol.  61.  No. 228  / Monday.  November  25.. 1996 /  Rules and  Regulations
    (6) Procedure to determine the organic
  biodegradation efficiency (Rb,0) for a
  treated hazardous waste.  '
    (i) The fraction of organics
  biodegraded (Fb,o) shall be determined
  using the procedure specified in 40 CFR
  part 63, appendix C of this chapter.
    (U) The Rblo shall be calculated by
  using the following equation:

           Rblo=FbioxlOO%

  Where:

  Rb,e =• Organic biodegradation efficiency,
     percent.
  FtMo - Fraction of organic biodegraded as
     determined in accordance with the
     requirements of paragraph (b)(6)(i)
     of this section.
    (7) Procedure to determine the
  required organic mass removal rate
  (RMR) for a treated hazardous waste.
    (i) All of the hazardous waste streams
  entering the treatment process shall be
  identified.  .
    (ii) The  average VO concentration of
  each hazardous waste stream at the
  point of waste origination shall be
  determined in accordance with the
  requirements of paragraph (a) of this
 section.
    (iii) For each individual hazardous
  waste stream that has an average VO
  concentration'equai to or greater than
  500 ppmw at the point of waste
  origination, the average volumetric flow
  rate and the density of the hazardous
  waste stream at the point of waste
  origination shall be determined.
    (iv) The RMR shall be calculated by
  using the average VO concentration.
  average volumetric flow rate, and
  density determined for each individual
  hazardous waste stream, and the
  following equation:         ,'   . " '
                                       RMR = ]T
                                              y-l
                     (Cv-500 ppmw)
               xkvxl-i	L
                 . V        IQ6
 Where:
 RMR-Required organic mass removal
     rate, kg/hr.
 y;« Individual hazardous waste stream
     "y" that has an average VO
     concentration equal to or greater   '
     than 500 ppmw at the point of
     waste origination as determined in
     aqcordance with the requirements
    'of §265.1084(a) of this subpart.
 n -Total number of "y" hazardous
     waste streams treated by process.
 Vy-Average volumetric flow rate of
     hazardous waste stream "y" at the
    point of waste origination, rh'/hr.
 ky » Density of hazardous waste stream
     "y" kg/nv»
 Cy " Average VO concentration of
     hazardous waste stream "y" at the
     point of waste origination as
     determined in accordance with the
     requirements of § 265.1084(a) of
    this subpart. ppmw.
  (8) Procedure'to determine the actual
 organic mass removal rate (MR) for a
 treated hazardous waste.
  (i) The MR shall be determined based
 on results for a minimum of three
 consecutive runs. The sampling time for
 each run shall be 1 hour.
  (ii) The waste volatile organic mass
 flow entering the process (Eb) and the
 waste volatile organic mass flow exiting
 the process (E.) shall be determined in
 accordance with the requirements of
 paragraph (b)(5)(iv) of this section.
  (iii) The MR shall be calculated by
 using the mass flow rate determined in .
 accordance with the requirements of
 paragraph (b)(8)(ii) of this section and
 the following equation:
 Where:
MR-Et,-E.
MR - Actual organic mass removal rate.
    kg/hr.
 Eb = Waste volatile organic mass flow
     entering process as determined in
     accordance with the requirements
     of paragraph (b) (5)(iv) of this
     section, kg/hr.
 E. ** Waste volatile organic mass flow
     exiting process as determined in
     accordance with the requirements
     of paragraph (b)(S)(iy) of this
     section, kg/hr.
   (9) Procedure to'determine the actual
 organic mass biodegradation rate (MRbi0)
 for a treated hazardous waste.
   (i) The MRwo shall be determined
 based on results for a minimum of three
 consecutive runs. The sampling time for
 each run shall be  1 hour.
   (ii) The waste organic mass flow
 entering the process (Eb) shall be
 determined in accordance with the
 requirements of paragraph (b)(5)(iv) of
 this section.
   (iii) The fraction of organic
 biodegraded (Fb«,) shall be determined
 using the procedure specified in 40 CFR
 part 63, appendix C of this chapter.
   (iv) The MRbio shall be calculated by
 using the mass flow rates and fraction
 of organic biodegraded determined in •
 accordance with the requirements of
 paragraphs (b)(9)(ii) and (b)(9)(iii),
 respectively, of this section and the.
 following equation:
 Where:
 MRWo = Eb x Fb,o
 MRbio = Actual organic mass
    biodegradation rate, kg/hr.
 Eb = Waste organic mass flow entering
    process as determined in.
    accordance with the requirements
    of paragraph (b)(5)(iv) of this
   section, kg/hr.
Fbio = Fraction of organic biodegraded as
    determined in accordance with the'
     requirements of paragraph (b) (9) (iii)
     of this section.
  .(c) Procedure to determine the
 maximum organic vapor pressure of a
 hazardous waste in a tank.
   (1) An owner or operator shall
 determine the maximum organic vapor
 pressure for each hazardous waste
 placed in a tank using Tank Level 1
 controls in accordance with the!
 standards specified iri§265.1085(c) of
 this subpart.
   (2) An owner or operator shall use
 either direct measurement as specified
 in paragraph (c)(3) of this section or
 knowledge of the waste as specified by
 paragraph (c)(4) of this section to
 determine the maximum organic vapor
 pressure which is representative of the
 hazardous waste composition stored or
 treated in the tank.
  (3) Direct measurement to determine
 the maximum organic vapor pressure of
 a hazardous waste.
  (i) Sampling. A sufficient number of
 samples shall be collected to be
 representative of the waste contained in
 the tank. All samples shall be collected
 and handled in accordance with written
 procedures prepared by the owner or
 operator and documented in a site
 sampling plan. This plan shall describe
 the procedure by which representative
 samples of the hazardous waste are
 collected such that a minimum loss of
 organics occurs throughout the sample
 collection and handling process  and by
 which sample integrity is maintained.  A
 copy of the written sampling plan shall
 be maintained on-site in the facility
 operating records. An example of an
acceptable sampling plan includes a
 plan incorporating sample collection
and handling procedures in accordance
with the requirements specified  in "Test

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           Federal Register / Vol.  61.  No: 228  / Monday.  November 25. 19967 Rules and  Regulations '59979
  Methods for Evaluating Solid Waste,
  Physical/Chemical Methods," EPA
  Publication No. SW-846, (incorporated
  by reference—refer to §260.11 (a) of this
  chapter), or in Method 25D in 40 CFR
  part 60. appendix A,        -  ' "."
    (ii) Analysis. Any appropriate one of
  the following methods may be used to
  analyze the samples and compute the
  maximum organic vapor pressure of the
  hazardous waste:
    (A) Method 25E in 40 CFR part 60 ,
  appendix A;
    (B) Methods described in American
  Petroleum Institute Publication 2517,
  Third Edition. February 1989,
  "Evaporative Loss from External
  Floating-Roof Tanks," (incorporated by
  reference—refer to § 260.11 of this
  chapter):
    (C) Methods obtained from standard
  reference texts:
    (D) ASTM Method 2879-92
  (incorporated by reference—refer to
  §260.11 of this chapter); and  •
    (E) Any other method approved by the
  Regional Administrator.
    (4) Use of knowledge to determine the
  maximum organic vapor pressure of the
  hazardous waste. Documentation shall
  be prepared and  recorded that presents
  the information used as the basis for the
  owner's or operator's knowledge that
  the maximum organic vapor pressure of
  the hazardous waste is less than the
  maximum vapor pressure limit listed in
  § 265.1085 (b) (1) (i) of this subpart for the
 applicable tank design capacity
 category. An example of information
 that may be used is documentation that
 the hazardous waste is generated by a
 process for which at other locations it
 previously has been determined by
 direct measurement that the waste
 maximum organic vapor pressure is less
 than the maximum vapor pressure limit
 for the appropriate tank design capacity
 category.                             •
  (d) Procedure for determining no
 detectable organic emissions for the
 purpose of complying with this subpart:
  (1) The test shall be conducted in
 accordance with the procedures'
 specified in Method 21 of 40 CFR part
 60. appendix A. Each potential leak
 interface (i.e.. a location where organic
 vapor leakage could occur) on the cover
 and associated closure devices shall be
 checked. Potential leak interfaces that
 are  associated with covers and closure
 devices include, but are not limited to:
 The interface of the cover and its
 foundation mounting: the periphery of
 any opening on the cover and its
associated closure device: and the
sealing seat interface on a spring-loaded
pressure relief valve.
  (2) The test shall be performed when
the unit contains a hazardous waste
   having an organic concentration '
   representative of the range of
   concentrations for the hazardous waste
   expected to be managed in the unit.
   During the test, the cover and closure
   devices shall be secured in the closed
   position.            -   .
     (3) The detection instrument shall
   meet the performance criteria of Method •
   21 of 40 CFR part 60. appendix A,
   except the instrument response factor
   criteria in section 3.1.2 (a) of Method 21
   shall be for the average composition of
   the organic constituents in the
   hazardous waste placed in the waste
   management unit, not for each
   individual organic constituent.
    (4) The detection instrument shall be
   calibrated before use on each day of its
   use by the procedures specified in
  Method 21 of 40 CFR part 60. appendix
  A.               '-•            ••  '
    (5) Calibration gases shall be as
  follows:
    (i) Zero air (less than 10 ppmv
  hydrocarbon in air), and
    (ii) A mixture of methane in air at a
  concentration of approximately, but less
  than 10.000 ppmv.
    (6) The background level shall be
  determined according to the procedures
  in Method 21 of 40 CFR part 60,
  appendix A.
    (7) Each potential leak interface shall
  be checked by traversing the instrument
  probe around the potential leak
  interface as close, to the interface as
  possible, as described in Method 21 of
  40 CFR part 60, appendix A. In the case
  when the configuration of the cover or
  closure device prevents a complete
  traverse of the interface, all accessible
  portions of the interface shall be
 sampled. In the case when the
 configuration of the closure device
 prevents any sampling at the interface
 and the device is equipped with an
 enclosed extension or horn (e.g., some
 pressure relief devices), the instrument
 probe inlet shall be placed at
 approximately the center of the exhaust
 area to the atmosphere.
   (8) The arithmetic difference between
 the maximum organic concentration
 indicated by the instrument and the
 background level shall be compared
 with the value of 500 ppmv except
 when monitor/ing a seal around  a
 rotating shaft that passes through a
 cover opening, in which case the
 comparison shall be as specified in
 paragraph (d)(9) of this section.  If the
 difference is less than 500 ppmv. then
 the potential leak interface is
 determined to operate with no
 detectable-organic emissions.
,   (9)  For the seals around a rotating
shaft that passes through a cover
opening, the arithmetic difference
   between the maximum organic
   concentration indicated by the
   instrument,a.nd the background level
   shall be compared with the value of
   10,000 ppmw.  If the difference is less
   than 10.000 ppmw. then the potential
   leak interface is'determined to operate'
   with no detectable organic emissions
     42. Section 265.1085 is revised to read
   as follows:
   §265.1085  Standards: Tanks.
     (a) The provisions of this sectib'n
   apply to the control of air pollutant
   emissions from tanks for which
   § 265.1083(b) of this subpart references
   the use of this section for such air
   emission, control;
    (b) The owner or operator shall
   control air pollutant emissions from
   each tank subject to this section in
   accordance with the following
   requirements, as applicable:
    (1) For a tank that manages hazardous
  waste that meets all of the conditions
  ^ified in paragraphs (b)(l)(i) through
  (b)(l)(ui) of this section, the owner or
  operator shall control air pollutant
  emissions from the tank in accordance
  with the Tank Level 1 controls specified
  in paragraph >.c) of this section or the
  Tank Level 2 controls specified in
  paragrapn id) of this section.
 -  u) The  hazardous waste in the tank
  has 4 maximum organic vapor pressure •'
  which a less rhan the maximum organic
  vapor pressure limit for the tank's
  design capacity category as follows:
   (A) For a tank  design capacity equal
  to or greater than 151 m3. the maximum
 organic vapor pressure limit for the tank
  is 5.2 kPa.
   (B) For a tank design capacity equal
 to or greater than 75 m3 but less than
  151 m3. the maximum organic vapor
 pressure limit for the tank is  27.6 kPa.
   (C) For a tank design capacity less
 than 75  m3. the maximum organic vapor
 pressure limit for the tank is  76.6 kPa.
   (ii) The  hazardous waste in the tank
 is not heated by the owner or operator
 to a temperature that is greater than the
 temperature at which the maximum
 organic vapor pressure of the hazardous  >
 waste is determined for the purpose of
 complying with paragraph (b)(l)(i)  of.
 this section.        .  "
   (iii) The hazardous waste in the tank
, is not treated by the owner "or operator
 using a waste stabilization process, as
 defined in § 265.1081 of this subpart.
   (2) For a tank that manages hazardous
 waste that  does not meet all of the
 conditions specified in paragraphs
 (b)(l)(i) through (b)(l)(|ii) of this
section, the owner or operator shall  ,
contrpl air pollutant emissions from the ,
tank by using Tank Level.2 controls in
accordance with the requirements of

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 59980  Federal Register / Vol. 61. No.  228 / Monday. November 25.  1996 /  Rules and  Regulations
 paragraph (d) of this section. Examples
 or tanks required to use Tank Level 2
 controls include: A tank used for a
 waste stabilization process: and a tank
 for which the hazardous waste in the
 tank has a maximum organic vapor
 pressure that is equal to or greater than
 the maximum organic vapor pressure
 limit for the tank's design capacity
 category as specified in paragraph
 (b)(l)(S) of this section.
   (c) Owners and operators controlling
 air pollutant emissions from a tank
 using Tank Level 1 controls shall meet
 the requirements specified in
 paragraphs (c)(l) through (c)(4)  of this
 section:
   (1) The owner or operator shall
 determine the maximum organic vapor
 pressure for a hazardous waste to be
 managed in the tank using Tank Level
 1 controls before the first time the  '   ,
 hazardous waste is placed in the tank.
 The maximum organic vapor pressure
 shall be determined using the
 procedures specified in §265.1084 (c) of
 this subpart. Thereafter, the owner or
 operator shall perform a- new.
 determination whenever changes to the
 hazardous waste managed in the tank
 could potentially cause the maximum
 organic vapor pressure to increase to a
 level that is equal to or greater than the
 maximum organic vapor pressure limit
 for the tank design capacity category
 specified in paragraph (b) (l)(i) of this
 section, as applicable to the tank.
  (2) The tank shall be equipped with
 a fixed roof designed to meet the
 following specifications:
  (i) The fixed roof and its closure
 devices shall be designed to form a
 continuous barrier over the entire
 surface area of the hazardous waste in
 the tank. The fixed roof may be a
separate cover installed on the tank
 (e.g.. a removable cover mounted on an
open-top tank) or may be an integral
 part of the tank structural design (e.g.,
a horizontal cylindrical tank equipped
with a hatch,).
  (ii) The fixed roof shall be installed in
a manner such that there are  no visible
 cracks, holes, gaps, or other open spaces
 between roof section joints or between
 the interface of the roof edge'and the
 lank wall.
  (Hi) Each opening in the fixed roof
shall be either:
  (A) Equipped with a closure device
 designed to operate such that when the
closure device is secured in the closed •
 position there are no visible cracks.
 holes, gaps, or other open spaces in the
closure device or between the perimeter
of the opening and the closure device:
or
  (B) Connected by a closed-vent system
that is vented to a control device. The
 control device shall remove or destroy
 organics in the vent stream, and it shall
 be operating whenever hazardous waste
 is managed in the tank.
   (iv) The fixed roof and its closure
 devices shall be made of suitable
 materials that will minimize exposure of
 the hazardous waste to the atmosphere,.
 to the extent practical, and will
 maintain the integrity of the fixed roo'f
 and closure devices throughout their
 intended service life. Factors to be
 considered when selecting the materials
 for and designing the fixed roof and
 closure devices shall include: Organic
 vapor permeability, the effects of any
 contact with the hazardous waste or its
 vapors managed in the tank: the effects
 of outdoor exposure to wind, moisture.
 and sunlight: and the operating
 practices used for the tank on which the.
 fixed roof is installed.
  (3) Whenever a hazardous waste is in
 the tank, the fixed roof shall be installed
 with each closure device secured in the
 closed position except as follows:
  (i) Opening of closure devices or
 removal of the fixed roof is allowed at
 the following times:
  (A) To provide access to the tank for
 performing routine inspection.
 maintenance, or other activities needed
 for normal operations. Examples of such
 activities include those times when a
 worker needs to open a port to sample
 the liquid in the tank, or when a worker
 needs to open a hatch to maintain or
 repair equipment. Following completion
 of the activity, the owner or operator
 shall promptly secure the closure device
 in the closed position or reinstall the
 cover, as applicable, to the tank.
  (B) To remove accumulated sludge or
 other residues from the bottom of tank.
  (ii) Opening of a spring-loaded
 pressure-vacuum relief valve,
 conservation vent, or similar type of
 pressure relief device which vents to the
 atmosphere is allowed during normal
 operations for the purpose of-
 maintaining the tank internal pressure
 in accordance with the tank design
specifications. The device shall be ,
 designed to operate with no detectable
 organic emissions when the device is
secured in the closed position. The
settings at which the device opens shall
 be established such that the device
 remains in the closed position whenever
 the tank internal pressure is within the
 internal pressure operating range
determined by the owner or operator >
 based on the tank manufacturer
recommendations, applicable
regulations, fire protection and
prevention codes, standard engineering
codes and practices, or other
requirements for the safe handling of
flammable, ignitable, explosive,
  reactive, or hazardous materials.
  Examples of normal operating
  conditions that may require these
  devices to open are during those times
  when the tank internal pressure exceeds
  the internal pressure operating range for
  the' tank as a result of loading operations
  or dfurnal ambient temperature
  fluctuations.
   (Hi) Opening of a safety device, as
  defined in §265.1081 of this subpart. is
  allowed at any time conditions require
  doing so to avoid an unsafe condition.
   (4) The owner or operator shall
  inspect the air emission control
  equipment in accordance with  the
  following requirements.,
   (i) The fixed roof and its closure
  devices shall be visually inspected by
  the owner or operator to check  for
  defects that could result in air pollutant
  emissions. Defects include, but are not
  limited to. visible cracks, holes, or gaps
  in the roof sections or between  the roof
 and the tank wall: broken, cracked, or
 otherwise damaged seals or gaskets on
 closure devices: and broken or missing
 hatches, access covers, caps, or other
 closure devices.  '  -   .  •        •
   (ii) The owner or operator shall
 perform an initial inspection of the
 fixed roof and its closure devices on or
 before the date that the tank becomes
 subject to this section. Thereafter, the
 owner or operator shall perform the
• inspections at least once every year
 except under the special conditions
 provided for in paragraph (1) of this
 section.  .
   (iii) In the event that a defect  is
 detected, the owner or operator shall
 repair the defect in accordance with the
 requirements of paragraph (k) of this
 section.  .
   (iv) The owner or operator shall
 maintain a record of the inspection in
 accordance with the requirements '
 specified in § 265.1090(b) of this
 subpart.
   (d) Owners and operators controlling
 air pollutant emissions from a tank
 using Tank Level 2 controls shall use
 one of the following tanks:
   (1) A fixed-roof tank equipped with
 an internal floating roof in accordance
 with the requirements specified in
 paragraph (e) of this section;
   (2) A tank equipped with an external
 floating roof in accordance with the    , .
 requirements specified in paragraph (0
 of this section:
   (3) A tank vented through a closed-
 vent system to a control device  in
 accordance with the requirements
 specified in paragraph (g) of this
 section:
   (4) A pressure tank designed and
 operated in accordance with the

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            Federal  Register / Vol. 61. No. 228  /  Monday.  November 25, 1996 /.Rules and, Regulations  59981
   requirements specified in paragraph (h)
   of this section: or
     (5) A tank located inside an enclosure
   that is vented through a closed-vent
   system to an enclosed combustion
   control device in accordance with the
   requirements specified in paragraph (i)
  , of this section.
     (e) The owner or operator who
   controls air pollutant emissions from a
   tank using a fixed-roof with an internal
   floating roof shall meet the requirements
   specified in paragraphs (e)(l) through
   (e) (3) of this section.
     (1) The tank shall be equipped with
   a fixed roof and an internal floating roof
   in accordance with the following
   requirements:
     (i) The internal floating roof shall be
   designed to float on the liquid surface
   except when the floating roof must be
  supported by the leg supports. •
     (li) The internal floating roof shall be
 • equipped with a continuous seal
  between the wall of the tank and the
  floating roof edge that meets either of
  the following requirements:  '
    (A) A single continuous seal that is
  either a liquid-mounted seal of a
  metallic shoe seal, as defined in
  § 265.1081 of this subpart: b;-
    (B) Two continuous seals mounted
  one above the other. The lower seal may
  be a vapor-mounted seal.
.    (iii) The internal floating roof shall
  meet the following specifications:
    (A) Each opening in a noncoritact
  internal floating roof except for
  automatic bleeder vents (vacuum
  breaker vents) and the rim space vents
  is to provide a projection below the
  liquid surface.  >
   (B) Each opening in the internal
  floating roof shall be equipped with a
  gasketed cover or a gasketed lid except
  for leg sleeves, automatic bleeder vents.
 rim space vents, .column wells, ladder   •
 wells, sample wells, and stub drains.
   (C) Each penetration of the internal
 floating roof for the purpose of sampling
 shall have a slit fabric cover that covers
 at least 90 percent of the opening.
   (D) Each automatic bleeder verit and
 rim space vent shall be gasketed.
   (E) Each penetration of the internal
 floating roof that allows for passage  of
 a ladder shall have a gasketed sliding
 cover.
   (F) Each penetration of the internal
 floating roof that allows for passage  of
 a column supporting the fixed roof shall
 have a flexible fabric sleeve seal or a
 gasketed sliding cover.
   (2) The owner or operator shall
operate the tank in accordance with  the
following requirements:
  '(0 When the floating roof is resting on
the leg supports, the process of filling,
emptying, or refilling shall be
   continuous and shall be completed as
   soon as practical.                   -
     (ii) Automatic bleeder vents are,to be
   set closed at all times when the roof is
   floating, except when the roof is being
   floated off or is being landed on the leg
   supports.          .
     (iii) Prior to filling the tank, each
   cover, access hatch, gauge float well or
   lid on any opening in the internal.
   floating roof shall be bolted or fastened
   closed (i.e.,  no visible gaps). Rim space
   vents are to  be set to open only when
   the internal  floating roof is  not floating
   or when the pressure beneath the rim
   exceeds the  manufacturer's
   recommended setting.
    (3) The owner or operator shall
   inspect  the internal floating roof in
   accordance with the procedures
  specified as  follows:
    (i) The floating roof and its closure
 '  devices  shall be visually inspected by
  the owner or operator to check for
  defects that could result in air pollutant
  emissions. Defects include, but are not
  limited to: The internal floating roof is
•  not floating on the surface of the liquid
  inside the tank: liquid has accumulated
  on top of the internal floating roof: any
  portion of the roof seals have detached
  from the roof rim: holes, tears, or other
  openings are visible in the seal fabric:
  the gaskets no longer close off the
  hazardous waste surface from the
 .atmosphere: or the slotted membrane
  has more than 10 percent open area.
    (ii) The owner or operator shall
  inspect the internal floating roof
 components as  follows except as
 provided in paragraph (e)(3) (iii) of this
 section:
    (A) Visually inspect the internal
 floating roof components through
 openings on the fixed-roof (e.g.,
 manholes and roof hatches) at least once
 every 12  months after initial  fill, and
   (B) Visually inspect the internal
 .floating roof, primary seal, secondary
 seal (if one Is  in service), gaskets, slotted
 membranes, and sleeve seals (if any)
 each time the tank is emptied and
 degassed  and  at least every 10 years.
   (iii) As an alternative to performing  ,
 the inspections specified in paragraph
 (e)(3)(ii) of this section for an internal.
 floating roof equipped with two
 continuous seals mounted one above the •
 other, the owner or operator may
 visually inspect the internal floating
 roof, primary and secondary seals,
 gaskets, slotted membranes.-and sleeve
 seals (if any) each time the tank is
 emptied and degassed and at least every
 5 years.
   (iv) Prior to  each inspection required
 by paragraph (e) (3)(ii) or (e)(3)(iii) of
this section, the owner or operator shall
notify the  Regional Administrator in
   adva nee of each i nspectio n to prov ide
   the Regional Administrator with the
   opportunity to have an observer present
   during the inspection. The owner or
 ,  operator shall notify the Regional
   Administrator.of the date and location
   of the inspection as follows:
 .   (A) Prior to each visual inspection of
   an internal floating roof in a tank that
   has been emptied and degassed, written
   notification shall be prepared and sent
   by the owner or operator so that it is
   received by the Regional Administrator
   at least 30 -calendar days before refilling
   the tank except when an inspection is
   not planned as provided for in
   Paragraph (e)(3)(iv)(B) of this section.
     (B) When a visual inspection is not  •
   planned and the owner or operator
   could not have known about the
   inspection 30 calendar days before
   refilling the tank, the owner or operator
  shall notify the Regional Administrator
  as soon as possible, but no later than 7
  calendar days before refilling of the
  tank. This notification may be made by
  telephone and immediately followed by
 , a written explanation for why the
  inspection is unplanned. Alternatively
  written notification, including the
  explanation for the unplanned
  inspection, may be sent so that it is
  received by the Regional Administrator
 at least 7 calendar days before refilling
 the tank.                        .   s.
   (v) In the event that a  defect is
 detected, the owner or operator shall
 repair the defect in accordance with the
 requirements of paragraph (k) of this
 section.
   (vi) The owner or operator shall
 maintain a record of the inspection in
 accordance with the requirements
 specified in § 265.10900)) of this
 subpart.
   (f) The owner or operator who,
 controls air pollutant emissions from a
 tank using an external floating roof shall
 meet the requirements specified in
 paragraphs (f)(l) through (f)(3) of this
 section.
   (1) The owner or operator shall design
 the external floating roof in accordance
 with the following requirements:
   (0 The external floating roof shall be
 designed to float on the liquid surface
 except when the floating roof must be
 supported by the leg supports.
   (ii) The floating roof shall be
 equipped with two continuous seals.
 one above the other, between the wall
 of the tank and the roof edge. The lower
 seal is referred to as the primary seal.
 and the upper seal is referred to as the •
 secondaryseal-.-
   (A) The primary seal shall be a liquid-
 mounted seal or a metallic shoe seal as
 defined in §265.1081 of this subpart.
The total area of the gaps between the

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  59982   Federal  Register / Vol. 61. No.  228 /Monday. November  25.  1996 / Rules and  Regulations
  tank waJiand the primary seal shall noc
  exceed 212 square centimeters (cm2) per
  meter of tank diameter, and the width
  of any portion of these gaps shall not
  exceed 3.8 centimeters (cm). If a
  metallic shoe seal is used for the
  primary seal, the metallic shoe seal shall
  be designed so that one end extends into
  the liquid in the tank and the other end
  extends a vertical distance of at least 61
  centimeters above the liquid surface.
    (B) The secondary seal shall be
  mounted above the primary seal and
  cover the annular space between the
  floating roof and the wall of the tank.
  The total area of the gaps between the
  tank wall and the secondary seal shall
  not exceed 21.2 square centimeters
  (cm3) per meter of tank diameter, and
  the width of any portion of these gaps '
  shall not exceed 1.3 centimeters (cm).
    (ili) The external  floating roof shall
  meet the following specifications:
    (A) Except for automatic bleeder vents
  (vacuum breaker vents) and rim space
 vents, each opening in a noncontact
 external floating roof shall provide a
 projection below the liquid surface.
   (B) Except for automatic bleeder
 vents, rim space vents, roof drains, and
 leg sleeves, each opening in the roof
 shall be equipped with a gasketed cover.
 seal, or lid.
   (C) Each access hatch and each gauge
 float well shall be equipped with a
 cover designed to be bolted  or fastened
 when the cover is secured in the closed
 position.
   (D) Each automatic bleeder vent and
 each rim space vent shall  be equipped
 with a gasket
   (E) Each roof drain that  empties into
 the liquid managed in the tank shall be
 equipped with a slotted membrane
 fabric cover that covers at least 90
 percent of the area of the opening.
   (F) Each unslotted and slotted guide
 pole well shall be equipped  with a
 gasketed sliding cover or a flexible
 fabric sleeve seal.
   (G) Each unslotted guide pole shall be
 equipped with a gasketed  cap on the
 end of the pole.
   (H) Each slotted guide pole shall be
 equipped with a gasketed  float or other  •
 device which closes off the liquid
 surface  from the atmosphere.
   G) Each gauge hatch and each sample
 well shall be equipped with  a gasketed
 cover.
   (2) The owner or operator shall
 operate the tank in accordance with the
 following requirements:
   (I) When the floating roof is resting on
 the leg supports, the process of filling.
 emptying, or refilling shall be
 continuous and shall be completed as
soon as  practical.
    (ii) Except for automatic bleeder •
 vents, rim space vents, roof drains, and
 leg sleeves, each opening in the roof
 shall be secured and maintained in a
 closed position at all times except when
 the closure device must be open for
 access.
    (iii) Covers on each access hatch and
 each gauge float well shall be bolted or
 fastened when secured in the closed
 position.
    (iv) Automatic bleeder vents shall be
 set closed at all times when the roof is
 floating, except when the roof is being
 floated off or is being landed on the leg
 supports.
   (v) Rim space vents shall be set to
 open only at those times that the roof is
 being floated off the roof leg supports or
 when the pressure beneath the rim seal
 exceeds the manufacturer's     - •
 recommended setting.
   (vi) The cap on the end of each
 unslotted guide pole shall be secured  in
 the closed position at all times except
 when measuring the level or collecting
 samples of the liquid in the tank.
   (vii) The cover on  each gauge hatch  or
 sample well shall be secured in the
 closed position at alT times except when
 the hatch or well must be opened for
 access.
   (viii) Both the primary seal and the
 secondary seal shall  completely cover
 the annular space between the external
 floating roof and the wall of the tank in
 a continuous fashion except during
 inspections.
   (3) The owner or operator shall
 inspect the external floating roof in
 accordance with the  procedures
.specified as follows:
   (i) The owner or operator shall
 measure the external floating roof seal
 gaps in accordance with the following
 requirements:
   (A) The owner or operator shall
 perform measurements of gaps between
 the tank wall and the primary seal
 within 60 calendar days after initial
 operation of the tank following
 installation of the floating roof and,
 thereafter, at least once every 5 years.
   (B) The owner or operator shall
 perform measurements of gaps between
 the tank wall and the secondary seal
 within 60 calendar days after initial
 operation of the tank following
 installation of the floating roof and.
 thereafter, at least once every year.
   (C) If a tank ceases  to hold hazardous'
waste for a period of  1'year or more.
subsequent introduction of hazardous
waste into the tank shall be considered
an initial operation for the  purposes of
paragraphs (f) (3)(i) (A) and (f)(3)(i)(B) of
this section.
  (D) The owner or operator, shall
determine the total  surface area of gaps
  in the primary seal and in the secondary
  seal individually using the following
  procedure:
    (1) The seal gap measurements shall .
  be performed at one or more floating
  roof levels when the roof is floating off
  the roof'supports.     '
  • (2) Seal gaps, if any.shallbe
  measured around the entire perimeter of
  the floating roof in each place where a
  0.32-centimeter (cm) diameter uniform
  probe passes freely (without forcing or
  binding against the seal) between the
 seal and the wall of the tank and
  measure the circumferential distance of
 each such location.
   (J) For a seal gap measured under
 paragraph (f)(3)  of this section, the gap
 surface area shall be determined by
 using probes of various widths to
 measure accurately the actual distance
 from the tank wall to the seal and
 multiplying each such width by its
 respective circumferential distance.
   (4) The total gap area shall be
 calculated by adding the gap surface
 areas determined for each identified gap
 location for the primary seal and the
 secondary seal individually, and then
 dividing the sum for each seal type by
 the nominal perimeter of the tank.  •
 These total gap areas for the primary
 seal and secondary seal are then are
 compared to the respective standards for
 the seal type as specified in paragraph
 (0(1) (ii) of this section.
   (E) In the event that the  seal gap
 measurements do not conform to the
 specifications in paragraph (Q(l)(ii) of
 this section, the owner .or operator shall
 repair the defect in accordance with the
 requirements of paragraph 00 of this
 section.
   (F) The owner or operator shall
 maintain a record of the inspection in
 accordance with the requirements
 specified in §265.1090(b) of this
 subpart.                     •
   (ii) The owner or operator shall
 visually inspect the external floating
 roof in accordance with the following
 requirements:
   (A) The floating roof and its closure
 devices shall be visually inspected by
 the owner or operator to check for
 defects that could result in air pollutant
 emissions. Defects include, but are not
 limited to: Holes, tears, or other
 openings in the rim seal or seal fabric
 of the floating roof: a rim seal detached
 from the floating roof: all or a portion
 of the floating roof deck being         ;
submerged below the surface of the
 liquid in the tank: broken,  cracked, or
otherwise damaged seals or gaskets on
closure devices: and broken or missing
 hatches, access covers, caps, or other
closure devices.  :                   -.

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           Federal .Register'./ Vol. 61. No.  228 / Monday.  November-25. 1996 / Rules  and Regulations  59983
    (B) The owner or operator shall
  perform an-initial inspection of the . •
  external floating roof and its closure
  devices on or before the date that the
  tank becomes subject to this section.
  Thereafter, the owner or operator shall
  perform the inspections at least once
  every year except for the special
  conditions provided for in paragraph (I)
  of this section.
    (C) In the event that a defect is
  detected, the owner or operator shall
  repair the defect in accordance with the
  requirements of paragraph (k) of this
  section.
    (D) The owner or operator shall
  maintain a record of the inspection in
  accordance with the requirements
  specified in §,265.1090(b)  of this
  subpart.
   1 (iii) Prior to each inspection required
  by paragraph (f)(3)(i) or (f)(3)(ii) of,this
  section, the owner or operator shall
  notify the Regional Administrator in
  advance of each inspection to provide
  the Regional Administrator with the
  opportunity to have an observer present
  during the inspection. The owner or
  operator shall notify the Regional
  Administrator of the date and location
  of the inspection as follows:
   (A) Prior to each inspection to
  measure external floating roof seal gaps
 as required under paragraph (0(3)(i) of
 'this section, written notification shall be
 prepared and sent by th« owner or
 operator so that it is received by the
 Regional Administrator at least 30
 calendar days before the date the
 measurements are scheduler! to be
 performed.
   (B) Prior to each visual inspection of
 an external floating roof in a tank that
 has been emptied and degassed, written
 notification shall be prepared and sent
 by the owner or operator so that it is
 received by the Regional Administrator
 at least 30 calendar days before refilling.
 the tank except when an inspection is •
 not planned as provided for in
 paragraph (f)(3)(iii)(C) of this section.
   (C) When a visual inspection is not
 planned and the owner or operator'
 could not have known about the
 inspection 30 calendar days before
 refilling the tank, the owner or operator
 shall notify the Regional Administrator
 as soon as possible, but no later than 7
 calendar days  before refilling of the
 tank. This notification may be made  by
 telephone and immediately followed by
 a written explanation for why the
 inspection is unplanned. Alternatively,
 written notification, including the
 explanation for the unplanned
 inspection, may be sent so 'that it is
 received  by the Regional Administrator
at'least 7 calendar days before refilling
the tank.
    (g) The owner or operator who'
  controls air pollutant emissions from a
  tank by venting the tank to a control
  device shall meet the requirements
  specified in paragraphs (g) (1) through
  (g) (3) of this section.
    (1) The tank shall be covered by a
  fixed roof and vented directly through a
  closed-vent system to a control device
  in accordance with the following
  requirements:
    (i) The fixed roof and its closure
  devices shall be designed to form a
  continuous barrier over the entire
  surface area of the liquid in the tank.
   (ii) Each opening in the fixed roof not
  vented to the control device shall be
  equipped with a closure device. If the
  pressure in the vapor headspace
  underneath the fixed roof is less than
  atmospheric pressure when the control
  device is operating, the closure devices
  shall be designed  to operate such that
  when the closure  device is secured in
  the closed position there are no visible
 cracks, holes, gaps, or other open spaces
  in the closure device or between the
 perimeter of the cover opening and the
 closure device. If the pressure in the
 vapor headspace underneath the fixed
 roof is equal to or  greater than
 atmospheric pressure when the control
 device is operating, the closure device
 shall be designed to operate with no
 detectable organic emissions.
   (iii) The fixed roof and its closure
 devices shall be made of suitable
 materials that will minimize exposure of
 the hazardous waste to the atmosphere,
 to the extent practical, and will
 maintain the integrity of the fixed roof
 and closure devices throughout their
 intended service life. Factors to be
 considered when selecting the materials
 for and designing the fixed roof and
 closure devices shall include: Organic
 vapor permeability, the effects of any
 contact with the liquid and its vapor
 managed in. the tank: the effects of
 outdoor exposure to wind, moisture,
 and sunlight: and the operating
 practices used for the tank on which the
 fixed  roof is installed.
  (iv) The closed-vent system and
 control device shall be designed and
 operated in accordance-with the
 requirements of § 265.1088 of this
 subpart.
  (2) Whenever a hazardous waste is in
 the tank, the fixed roof shall be installed
 with each closure device secured in  the
 closed position and the vapor headspace
 underneath the fixed roof vented to the
 control'device except as follows:   _
  (i) Venting'to the control device is not
 required,-and opening of closure devices
or removal of the fixed roof is allowed
at the  following times:
    (A) To provide access to the tank for
  performing routine inspection.
  maintenance, or other activities needed
  for normal operations. Examples of such
  activities include those times when a
  worker needs to open a port to sample
  liquid in the tank, or when a worker •
  needs to open a hatch to maintain or
 ' repair equipment. Following completion
  of the activity, the owner or operator
  shall prompdy secure the closure device
  in the closed position or reinstall the
  cover, as applicable, to the tank.
    (B) To remove accumulated sludge or
  other residues from the bottom of a tank.
    (ii) Opening of a safety device, as
  defined in §265.1081 of this subpart. is
  allowed at any time conditions require
  doing so to avoid an unsafe condition.
    (3) The owner or operator shall
  inspect and monitor the air emission
  control equipment in accordance with
  the following procedures:
    (i) The fixed roof and its closure
  devices shall be visually inspected by
  the owner or operator to check for
  defects that could result in air pollutant
  emissions. Defects include, but are not
  limited to. visible cracks, holes, or gaps
  in the roof sections or between the roof
 and the .tank wall: broken, cracked, or
 otherwise damaged seals or gaskets on
 'closure devices: and broken or missing
 hatches, access covers, caps, or other
 closure devices.
   (ii) The closed-vent system and
 control device shall be inspected and
 monitored by the owner or operator in
 accordance with the procedures
 specified  in § 265.1088 of this subpart.
   (iii) The owner or operator shall
 perform an initial inspection of the air
 emission control equipment on or before
 the date that the tank becomes subject
 to this section. Thereafter, the owner or
 operator shall perform the inspections at
 least once every year except for the
 special conditions provided for in
 paragraph (1) of this section.
   (iv) In the event that a defect is
 detected/the owner or operator shall
 repair the defect in accordance with the
 requirements of paragraph (k)  of this   .
 section.
  (v) The owner or operator shall
 maintain a record of the inspection in
 accordance with the requirements
 specified in § 265.1090 (b) of this
 subpart.
  (h) The owner or operator who
 controls air pollutant emissions by
 using a pressure tank shall meet the
 following requirements.
  (1) The tank shall be designed not to
 vent to the atmosphere as a  result of
compression of the vapor headspace in
 the tank during filling of the tank to its
design capacity.

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  59984   Federal Register / Vol. 61. No.  228 / Monday. November 25.  1996 /. Rules and Regulations
    (2) All tank openings shall be
  equipped with closure devices designed
  to operate with no detectable organic
  emissions as determined using the
  procedure specified in § 265.1084(d) of
  this subpart.
    (3) Whenever a -hazardous waste is in
  the tank, the tank shall be operated as
  a closed system that does not vent to the
  atmosphere except in the event that a
 safety device, as defined in § 265.1081
 of this subpart. is required to open to
 avoid an  unsafe condition.
   (i) The owner or operator who
 controls air pollutant emissions by
 using an enclosure vented through a
 closed-vent system to an enclosed
 combustion control device shall meet
 the requirements specified in
 paragraphs (i)(l) through (0(4) of this
 section.
   (1) The tank shall be located inside an
 enclosure. The enclosure shall be
 designed and operated in accordance
 with the criteria for a permanent total
 enclosure as specified  in "Procedure
 T—Criteria for and Verification of a  •
 Permanent or Temporary Total
 Enclosure" under 40 CFR 52.741.
 Appendix B. The enclosure may have
 permanent or temporary openings to
 allow worker access: passage of material
 into or out of the enclosure l>y conveyor,
 vehicles, or other mechanical means:
 entry of permanent mechanical or
 electrical equipment; or direct airflow
 into the enclosure. The owner or
 operator shall perform  the verification
 procedure for the enclosure as specified
 in Section 5:0 to "Procedure T—Criteria
 for and Verification of a Permanent or
 Temporary Total Enclosure" initially
 when the  enclosure is first installed
 and, thereafter, annually.
  GO The enclosure shall be vented
 through a closed-vent system to an
 enclosed combustion control device that
 is designed and operated in accordance
 with the standards for either a vapor
 Incinerator, boiler, or process heater
 specified in §265.1088 of this subpart.
  (3) Safety devices, as defined in
 §265.1081 of this subpart. maybe
 installed and operated as necessary on
 any enclosure, closed-vent system, or
 control device used to comply with the
 requirements of paragraphs (i)(l) and
 (I) (2) of this section.
  (4) The owner or operator shall
 inspect and monitor the closad-vent
system and control device as specified
 in §265.1088 of this subpart.
  0) The owner or operator shall
 transfer hazardous waste to a tank
subject to this section in accordance
with the following requirements:
  (1) Transfer of hazardous waste,
except as provided in paragraph (j)(2) of
this section, to the tank from  another
 tank subject to this section or from a
 surface impoundment subject to
 §265.1086 of this subpart shall be
 conducted using continuous hard-
 piping or another closed system that
 .does not allow exposure of the
 hazardous waste to the atmosphere. For
 the purpose of complying with this
 provision, an individual drain system is
 considered to be a closed system when
 it meets the requirements of 40 CFR part
 63. subpart RR—National Emission
 Standards for Individual Drain Systems.
   (2) The requirements of paragraph
 (j)(l) of this section do not apply when
 transferring a hazardous waste to the
 tank under any of the following
 conditions:
   (i) The hazardous waste meets the
 average VO concentration conditions  •
 specified in § 265.1083(c)(l) of this
 subpart at the point of waste origination.
   (ii) The hazardous waste has been
 treated by an organic destruction or
 removal process to meet the
 requirements in §265.1083(c)(2) of this
 subpart
   (k) The owner or operator shall repair
 each defect detected during an
 inspection performed in accordance
 with the requirements of paragraphs
 (c)(4), (e)(3), (0(3), or (g)(3) of this
 section as follows:
   (1) The owner or operator shall make
 first efforts at repair of the defect no
 later than 5 calendar days after
 detection, and repair shall be completed
 as soon as possible but no later than 45
 calendar days after .detection except as.
 provided in paragraph (k)(2) of this
 section.
  (2) Repair of a defect may be delayed
 beyond 45 calendar days if the owner or
 operator determines that repair of the
 defect requires emptying or temporary
 removal from service of the tank and no
 alternative tank capacity is available at
 the site to accept the hazardous waste
 normally managed in the tank. In this
 case, the owner or operator shall repair
 the defect the next time the process or
 unit that is generating the hazardous
 waste managed in the tank stops
 operation. Repair of the defect shall be
 completed before the process or unit
 resumes operation.
  0) Following the initial inspection
 and monitoring of the cover as required
 by the applicable provisions of this
subpart, subsequent inspection and
 monitoring may be performed at
 intervals longer than 1 year under the
 following special conditions:
  (1) In the case when inspecting or
 monitoring the cover would expose a
worker to dangerous, hazardous, or ,
other unsafe conditions, then the owner
or operator may designate a cover as an
"unsafe to  inspect and monitor cover"
  and comply with all of the following
  reauirerhents:
    (i) Prepare a written explanation for
  the cover stating the reasons why the
  cover is unsafe to visually inspect or to
  monitor, if required.
    (ii) Develop and implement a written
  plan and schedule to inspect and
  monitor the cover, using the procedures
  specified in the applicable section of
  this subpart, as frequently as practicable
  during those times when a worker can
  safely access the cover.
    (2) In the case when a tank is buried
  partially or entirely underground, an
  owner or operator is required to inspect
  and monitor, as required by the
  applicable provisions of this section,
 only those portions of the tank cover
 and those connections to the tank (e.g..
 fill ports, access hatches, gauge wells,
 etc.) that are located oh or above the
 ground surface.
   43. Section 265.1086 is revised to read
 as follows:

 §265.1086  Standards: surface
 impoundments.   ,
   (a) The provisions of this section
 apply to the control of air pollutant
 emissions from surface impoundments
 for which §265.1083(b) of this subpart
 references the use of this section for
 such air emission control.
   (b) The owner or operator shall
 control air pollutant emissions from the
 surface impoundment by installing and
 operating either of the following:
   (1) A floating membrane cover in
 accordance with the provisions
 specified in paragraph (c) of this
 section: or
   (2) A cover that is vented through a
 closed-vent system to a control device
 in accordance with the  provisions
 specified in paragraph (d) of this
 sections.      .                  .  • >
   (c) The owner or operator who
 controls air pollutant emissions from a
 surface impoundment using a floating
 membrane cover shall meet the
 requirements specified in paragraphs
 (c)(l) through (c) (3) of this section.
  (1) The surface impoundment shall  be
 equipped with a floating membrane
 cover designed to meet the following
 specifications:
  (i) The floating membrane cover shall
 be designed to float on the liquid
surface during normal operations'and
 form a continuous barrier over the entire'
surface area of the liquid.
  (ii) The cover shall be fabricated from
a synthetic membrane material that is
either:
  (A) High density polyethylene (HOPE)
with a thickness no less than 2.5
millimeters (mm): or
  (B) A material or a composite of
different materials determined to have

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           Federal Register /  Vol.  61.  No. 228  / Monday.  November 25. 1996 / Rules and Regulations   59985
  both organic permeability properties
  that are equivalent to those of the
  material listed in paragraph (c)(l)(ii)(A)
  of this section and chemical and
  physical properties that maintain the
  material integrity for the intended
  service life of the .material.
   (iii) The cover shall be installed in a
  manner such that there are no visible
  cracks, holes, gaps, or other open spaces
  between cover section seams or between
  the interface of the cover edge and its .'
  foundation mountings.'
   (iv) Except as provided for in
  paragraph (c)(l)(v) of this section, each
  opening  in the floating membrane cover
  shall be equipped with a closure device
  designed to operate such that when the
  closure device is secured in the closed
  position  there are no visible cracks,
  holes, gaps, or other open spaces in the
  closure device or between the perimeter
  of the cover opening and the closure
  device.
   (v) The floating membrane cover may „
  be equipped with one or more
  emergency cover drains  for removal of
  stormwater. Each emergency cover drain
  shall be equipped with a slotted
  membrane fabric cover that covers at
  least 90 percent of the area of the
  opening or a flexible fabric sleeve .seal.
   (vi) The closure devices shall be made
  of suitable materials that will minimize
 exposure of the hazardous waste to the
 atmosphere, to the extent practical, and
 will maintain the integrity of the closure
 devices throughout their intended
 service life. Factors to be considered
 when selecting the materials of
.construction and designing the cover
 and closure devices shall include:
 Organic vapor permeability; the effects
 of any contact with the liquid and its
 vapor managed in the surface
 impoundment: the effects of outdoor
 exposure to wind, moisture, and
 sunlight:  and the operating practices
 used for the surface impoundment on
 which the floating membrane cover is
 installed.
   (2) Whenever a hazardous waste is in
 the surface impoundment, the floating
 membrane cover shall float on the liquid
 and each  closure device shall be secured
 in the closed position except as follows:
   (i) Opening of closure devices or
 removal of the cover is allowed at the
 following times:
   (A) To provide access to the surface
. impoundment for performing routine
 inspection, maintenance, or other
 activities  needed for normal  operations.
 Examples of such activities include
 those times when a worker needs to
 open a port to sample the liquid in the
 surface impoundment.- or when a
 worker needs to open a hatch to •
 maintain or repair equipment.
 Following completion of the activity,
 the owner or operator shall promptly
 replace the cover and secure the closure
' device in the closed position, as
 applicable.
   (B) To remove accumulated sludge or
 other residues from the bottom of
 surface impoundment.
   (ii) Opening of a safety device, as
 defined in §265.1081 of this subpart. is
 allowed at any time conditions require
 doing so to avoid an unsafe condition.
   (3) The owner or operator shall
 inspect the floating membrane cover in
 accordance with the following
 procedures:
   (i) The floating membrane cover and
 its closure devices shall be visually
 inspected by the owner or operator to
 check for defects that could result in air
 pollutant emissions. Defects include,
 but are hot limited to. visible cracks.
 holes, or gaps in the cover section seams
 or between the interface of the cover
 edge and its foundation mountings:
 broken, cracked, or otherwise damaged
 seals or gaskets on closure devices: and
 broken or missing hatches, access
 covers, caps, or other closure devices.
   (ii) The owner or operator shall
 perform an initial inspection of the
 floating membrane cover and its closure
 devices on or before the date that the
 surface impoundment becomes subject
 to this section. Thereafter, the owner or
 operator shall perform the inspections at
 least once every year except for the
 special conditions provided for in
 paragraph (g) of this section.
   (iii) In the event that a defect is
 detected, the owner or operator shall
 repair the defect in accordance with the
 requirements of paragraph (f) of this
section.
   (iv) The owner or operator shall
 maintain a record of the inspection in
accordance with the. requirements
specified in §265.1090(c) of this
subpart      •    .
   (d) The owner or operator who
controls air pollutant emissions from a
surface impoundment using a cover
vented to a control device shall meet the
requirements specified in paragraphs
(d)(l) through (d)(3) of this.section.
   (1) The surface impoundment shall be
covered by a cover and vented directly
through a closed-vent system to a
control device in accordance with the
following requirements:
 •  (i) The cover and its closure devices
shall be designed to form a continuous
barrier over the entire surface area of the
liquid in the surface impoundment.
  (ii) Each opening in the cover not
vented.to the control'device shall be .
equipped with a closure device. If the  .
pressure in the vapor headspace
underneath the cover is-less than
 atmospheric pressure when the control ,
 device is operating, the closure devices
 shall be designed to operate such that
 when the closure device is secured in
 the closed position there are no visible
 cracks, holes, gaps, or other open spaces
 in the closure device or between the
 perimeter of the cover opening and the
 closure device. If the pressure in the
 vapor headspace underneath the cover
 is equal to or greater than atmospheric
 pressure when the control device is
 operating, the closure device shall be
 designed to operate with no detectable
 organic emissions using the procedure
 specified in § 265.1084(d) of this
 subpart.
   (iii) The cover and its closure devices
 shall be made of suitable materials that
 will minimize exposure of the
 hazardous waste to  the atmosphere, to
 the extent practical, and will maintain
 the integrity of the cover and closure
 devices throughout their intended
 service life. Factors to be considered
 when selecting the materials for and
 designing the cover and closure devices
 shall include: Organic vapor
 permeability: the effects of any contact
 with the liquid or its vapors managed in
 the surface impoundment; the effects of
 outdoor exposure to wind, moisture,
 and sunlight: and the operating
 practices used for the surface
 impoundment on which the cover is
 installed.
   (iv) The closed-vent system and
 control device shall be designed and
 operated in accordance with the
 requirements of § 265.1088 of this
 subpart.
   (2) Whenever a  hazardous waste is in
 the surface impoundment, the cover
 shall be installed with each closure
 device secured in the closed position
 and the vapor headspace underneath the
 cover vented to the control device
 except as follows:               .
   (i) Venting to the control device is not
 required, and opening of closure devices
 or removal of the cover  is allowed at the
 following times:
   (A) To provide access, to the surface
 impoundment for performing routine
 inspection, maintenance, or other
 activities needed for normal operations.
 Examples of such  activities include
 those times when  a worker needs to
 open a port to sample liquid in the
surface impoundment, or when a
 worker needs to open a  hatch to
 maintain or repair equipment.
 Following completion of the activity,  .
 the owner or operator shall promptly
secure the closure device in the closed
position or reinstall the cover, as
applicable, to the surface impoundment.

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  59986
Federal  Register / Vol. 61. No. 228 / Monday, November 25. 1996 / Rules  and Regulations
    (B) To remove accumulated sludge or
 other residues from the bottom of
 surface impoundment.
    (ii) Opening of a safety device, as
 defined in §265.1081 of this subpart. is
 allowed at any time conditions require
 doing so to avoid an unsafe condition.
    (3) The owner or operator shall
 inspect and monitor the air emission
 control equipment in accordance with
 the following procedures:
    (i) The surface impoundment cover
 and-its closure devices shall be visually
 inspected by the owner or operator to
 check for defects that could result in air
 pollutant emissions. Defects include,
 but are not limited to. visible cracks,
 holes, or gaps in the cover section seams
 or between the interface of the cover
 edge and its foundation mountings;
 broken, cracked, or otherwise damaged
 seals or gaskets on closure devices: and
 broken or missing hatches, access
 covers, caps, or other closure devices.
   (H) The closed-vent system and
 control device shall  be inspected and
 monitored by the owner or operator in
 accordance with the procedures
 specified in §265.1088 of this subpart.
   (lil) The owner or operator shall
 perform an initial inspection of the air
 emission control equipment on or before
 the date that the surface impoundment
 becomes subject to this section.
 Thereafter, the owner or operator shall
 perform the inspections at least once
 every year except for the special
 conditions provided for in paragraph (g)
 of this section.
  (Iv) In the .event that a defect is
 detected, the owner or operator shall
 repair the defect in accordance with the
 requirements of paragraph (f) of this
 section.
  (v) The owner or operator shall
 maintain a record of the inspection in
 accordance with the requirements
specified in  §265.1090(c) of this
subpart.
  (e) The owner or operator shall
 transfer hazardous waste to  a surface
 impoundment subject to this section in
accordance with the following
requirements:
  (1) Transfer of hazardous waste.
except as provided in paragraph (e)(2) of
this section, to the surface
 impoundment from another surface
impoundment subject to this section or
from a tank subject to §265.1085 of this
subpart shall be conducted using
continuous hard-piping or another
closed system that does not  allow
exposure of the waste to the
atmosphere. For the purpose-of
complying with this provision, an
individual drain system is considered to
be a closed system when it meets the
requirements of 40 CFR part 63. subpart
                              RR—National Emission Standards for
                              Individual Drain Systems.    '
                                (2) The requirements of paragraph '
                              (e)(l) of this section do not apply when
                              transferring a hazardous waste to the
                              surface impoundment under either of
                              the following conditions:
                                (i) The hazardous waste meets the
                              average VO concentration conditions
                              specified in §265.1Q83(c)(l) of this
                              subpart at the point of waste origination.
                                (ii) The hazardous waste has been
                              treated by an organic destruction or
                              removal process to meet the
                              requirements in §265.1083(c)(2) of this
                             subpart.
                                (f) The owner or operator shall repair
                             each defect detected during an
                             inspection performed in accordance
                             with the requirements of paragraph
                              (c) (3) or (d) (3) of this section as follows:
                               (1) The owner or operator shall make
                             first efforts at repair of the defect no
                             later than 5 calendar days after
                             detection, and repair shall be completed
                             as soon as possible but no later than 45
                             calendar days after detection except as
                             provided in paragraph (f) (2) of this
                             section.
                               (2) Repair of a defect may be delayed
                             beyond 45 calendar days if the owner or
                             operator determines that repair of the
                             defect requires emptying or temporary
                             removal from service of the surface
                             impoundment and no alternative
                             capacity is available at the site to accept
                             the hazardous waste normally managed
                             in the surface impoundment. In this
                             case, the owner or operator shall repair
                             the defect the next time the process or
                             unit that is generating the hazardous
                             waste managed in the tank stops
                             operation. Repair of the defect shall be
                             completed before the process or unit
                             resumes operation.
                               (g) Following the initial inspection
                             and monitoring of the cover as required
                             by the applicable provisions of this
                             subpart, subsequent inspection and
                             monitoring may be performed at
                             intervals longer than 1 year in the case
                             when inspecting or monitoring the
                             cover would expose a worker to
                             dangerous, hazardous, or other unsafe
                             conditions. In this case, the owner ar
                             operator may designate the cover as an
                             "unsafe to inspect and monitor cover"
                             and comply with all of the following
                             requirements:
                               (1) Prepare a written explanation for
                             the cover stating the reasons why the
                             cover is unsafe to visually inspect or to
                             monitor, if required.
                               (2) Develop and implement a written
                             plan and schedule  to inspect and
                             monitor the cover using the procedures
                             specified in the applicable-section of
                             this subpart as frequently as practicable -
  during those times when a worker can
  safely access the cover.
    44. Section 265.1087 is revised to read
.  as follows:

  §265.1087  Standards: Containers.
    (a) The provisions of this section
  apply to the control of air pollutant
  emissions from containers for which
  § 265.1083(b) of this subpart references
  the use of this section for such air
  emission control.
   (b) General requirements.
   (1) The owner or operator shall
  control air pollutant emissions from
  each container subject to this section in
  accordance with the following
  requirements, as applicable to the
  container, except when the special
  provisions for waste stabilization
  processes specified in paragraph (b)(2)
 of this section apply to the container.
   (i) For a container having a design
 capacity greater than 0.1 m3 and less
 than or equal to 0.46 m3, the owner or
 operator shall control air pollutant
 emissions from the container in
 accordance with the Container Level  1
 standards specified in paragraph (c) of
 this section.
 .  (ii) For a container having a design
 capacity greater than 0.46 m» that is not
 in light material service, the owner or
 operator shall control air pollutant
 emissions from the container in
 accordance  with the Container Level 1
 standards specified in paragraph (c) of
 this section.
   (Hi)  For a container having a design
 capacity greater than 0.46 m3 that is in
 light material service, the owner or
 operator shall control air pollutant
 emissions from the container in
 accordance with the Container Level 2
 standards specified in paragraph (d) of
 this section.
  (2) When a container having a design
 capacity greater than 0.1 m3 is used for
 treatment of a hazardous waste by a
 waste stabilization process, the owner or
 operator shall control air pollutant
 emissions from the container in
 accordance with the Container Level 3
 standards specified in paragraph (e) of
 this section at those times during the
 waste stabilization process when the
 hazardous waste in the container is
 exposed to the atmosphere.
  (c) Container Level 1 standards.
  (1) A container using Container Level  '
 1 controls is one of the following:
  (i) A container that meets the
applicable U.S. Department of
Transportation (DOT) regulations on
packaging hazardous materials for
transportation as specified in paragraph
 (0 of this section.
  (ii) A container equipped with- a cover
and closure devices that form a

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            Federal Register / Vol.  61.  No. 228 X Monday.  November 25.  1996 /Rules and  Regulatkms  '59937
   continuous barrier over the container
   openings such that when the cover and
   closure devices are secured in the
   closed position there are no visible
   holes, gaps, or other open spaces into
   the interior of the container. The cover.
   may be a separate cover installed on  the
   container (e.g.. a lid on a drum or a
   suitably secured tarp on a roil-off box)
   or may be an integral part of the
   container structural design (e.g.. a
   "portable tank" or bulk cargo container
   equipped with a screw-type cap).
     (iii) An open-top container in which
   an organic-vapor suppressing barrier is
   placed on or over the hazardous waste
 ,  in the container such that no hazardous
   waste is exposed to the atmosphere. One
   example of such a barrier is application
 ,  of a suitable organic-vapor suppressing
   foam.
    (2) A container used to meet the
   requirements of paragraph (c) (1) (ii) or
   (c)(l)(iii) of this section shall be
   equipped with covers and closure
   devices, as applicable to the container.
   that are composed of suitable materials
   to minimize exposure of the hazardous
  waste to the atmosphere and to maintain
  the -equipment integrity for as long as  it
  is in service. Factors to be considered in
  selecting the materials of construction
  and designing the cover and closure
  devices shall include:  Organic vapor'
  permeability, the effects of contact with
  the hazardous waste or its vapor
  managed in the container the effects of
  outdoor exposure of the closure device
  or cover material to wind, moisture, and
 sunlight: and the operating practices for
  which the container is intended to be
  used.
   (3) Whenever a hazardous waste is in
 a container using Container Level 1
 controls, the owner or operator shall
 install all covers and closure-devices for
 the container, as applicable to the
 container, and secure and maintain each
 closure device in the closed position
 except as follows:
   (i) Opening of a closure device or
 cover is allowed for the purpose, of
 adding hazardous waste or other  '
 material to the container as follows:
   (A) In the case when  the container is
 filled to the intended final level in one
' continuous operation, the owner or
 operator shall promptly secure the
 closure devices in the closed position
 and install the covers, as applicable to
 the container, upon conclusion of the
 filling operation.
   (B) In the case when discrete
 quantities or batches of material
 intermittently are added to the container
 over a period of time, the owner or
 operator shall prompdy secure the -
 closure devices in the closed position
 and install covers, as applicable to the
   container, upon either the container
   being filled to the intended final level:
   the completion of a batch loading after
   which no additional material will be
   added to the container within 15
   minutes: the person performing the
   loading operation leaving the immediate
   vicinity of the container: or the
   shutdown of the process generating the
   material being added to the container.
   whichever condition occurs first.
     (ii) Opening of a closure device or
   cover is allowed for the purpose of
   removing hazardous waste from the
   container as follows:
     (A) For the purpose of meeting the
   requirements of this section, an empty
   container as defined in 40 CFR 261.7(b)
   may be open to the atmosphere at any
   time (i.e., covers and closure devices are
   not required to be secured in the closed
  position on an empty container).
    (B) In the case when discrete
  quantities or batches of material are
  removed from the container but the
  container does not meet the conditions
  to be an empty container as defined in
  40 CFR 261.7(b), the owner Or operator
  shall promptly secure the closure
  devices in the closed position and
  install covers, as applicable to the
;  container, upon the completion of a
  batch removal after which no additional
  material will be removed from the
  container within 15 minutes or the
  person performing the unloading
  operation leaves the immediate vicinity
  of the container, whichever condition
  occurs first.
   (iii) Opening of a closure device or
  cover is allowed when access inside the
  container js needed to perform routine
 activities other than transfer of
  hazardous waste. Examples of such
 activities include those times when a
 worker needs to open a port to measure
 the depth of or sample the material in
 the container, or when a worker needs
 to open a manhole hatch to access
equipment inside the container.
 Following completion of the activity.
the owner or operator shall promptly
secure the closure device in the closed
position or reinstall the cover, as
applicable to the container.
   (iv) Opening of a spring-loaded.
pressure-vacuum relief valve,
conservation vent, or similar type of
pressure relief device which vents to the
atmosphere is allowed during normal
.operations for the purpose of
maintaining the container internal
pressure in accordance with the design
specifications of the container. The
device shall be designed to operate with
no detectable organic emissions when
the device is secured in the'closed
position. The settings at which the
device opens shall be established such
   that the device remains in the closed
   position whenever the internal pressure
   of the container is within the internal
   pressure operating range determined by
   the owner or operator based on
   container manufacturer
   recommendations, applicable
   regulations, fire protection and
   prevention codes, standard engineering
   codes and  practices, or other
   requirements for the safe handling of
   flammable, ignitable. explosive,
   reactive, or hazardous materials.
   Examples of normal operating
   conditions that may require these
   devices to open are during those times
   when the internal pressure of the
   container exceeds the internal pressure
   operating range for the container as a
   result of loading operations or diurnal
  am.biem temperature fluctuations
    (v) Opening of a safety device, as
  defined in § 265.1081 of this subpart is
  allowed at any time conditions require
  •  ™gi?? to  avoid an unsafe condition.
    (4) The owner or operator of
  containers using Container Level 1
  controls shall inspect the containers and
  their covers and closure devices as
  follows:
    (i) In the case when a hazardous waste
  already is in the container at the time
  the owner or operator first accepts
  possession of the container at the
  facility and  the container is not emptied
  (i.e., does not meet the conditions for an
  empty container as specified in 40 CFR
  261.7(b)) within 24 hours after the
  container is  accepted at the facility, the
  owner or operator shall visually inspect
  the container and its cover and closure
  devices to check for visible cracks.
  holes, gaps, or other .open spaces into
 the interior of the container when the
 coyer and closure devices are secured in
 the closed position. If a defect is    ,  '
 detected, the owner or operator shall
 repair the defect in accordance with the
 requirements of paragraph (c)(4)(iii) of
 this section.      ,
   (ii) In fhe case when a container used
 for managing hazardous waste remains
 at the facility for a period of 1 year or
 more, the owner or operator shall  •
 visually inspect the container and its
 cover and closure devices initially and
 thereafter, at  least once every 12
 months, to check for visible cracks.
 holes, gaps, or other open spaces into
 the interior of the container when the
 cover and closure devices are secured in
 the closed position. If a defect is
 detected, the  owner or operator shall
 repair the defect in accordance with the '
 requirements of paragraph (c)(4)(iii) of
 this section.
   (iii) When a defect is detected for the
container, cover, or closure devices, the
owner or operator shall make first '

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  59988  Federal Register / Vol. 61. No. 228  /  Monday.  November 25, 1996  / Rules and Regulations
  efforts at repair of the defect no later
  than 24  hours after detection, and repair
  shall be completed as soon as possible
  but no later than 5 calendar days after
  detection. If repair of a defect cannot be
  completed within 5 calendar days, then
  the hazardous waste shall be removed
  from the container and the container
  shall not be used to manage hazardous
  waste until the defect is repaired.
    (5) The owner or operator shall
  maintain at the facility a copy of the
  procedure used to determine that
  containers with capacity of 0.46 m3 or
  greater, which do not meet applicable
  DOT regulations as specified in
  paragraph (f) of this section, are not
  managing hazardous waste in light
  material service.
    (d) Container Level 2 standards.
    (1) A container using Container Level
  2 controls Is one of the following:
    (i) A container that meets the
  applicable U.S. Department of
  Transportation (DOT) regulations on
  packaging hazardous materials for
  transportation as specified in paragraph
  (Oof this section.
   (ii) A container that operates with no
  detectable organic emissions as defined
  in § 265.1081 of this subpart and  '
  determined in accordance with the
  procedure specified in paragraph (g) of
  this section.
   (iii) A container that has been
 demonstrated within the preceding 12
 months to be vapor-tight by using 40
 CFR part 60. appendix A. Method 27 in
 accordance with the procedure specified
 in paragraph (h) of this section.
   (2) Transfer of hazardous waste in or
 out of a container using Container Level
 2 controls shall be conducted in such a
 manner as to minimize exposure of the
 hazardous waste to the atmosphere, to
 the extent practical, considering the
 physical properties of the hazardous
 waste and good engineering and safety
 practices  for handling flammable,
 ignitable. explosive, reactive or other
 hazardous materials. Examples of
 container loading procedures that the
 EPA considers to meet the requirements
 of this paragraph include us-ng any one
 of the following: A submerged-fill pipe
 or other submerged-fill method to load
 liquids into the container; a vapor-
 balancing system or a vapor-recovery
 system to  collect and control-the vapors
 displaced from the container during
 filling operations: or a fitted opening in
 the top of a container through which the
 hazardous waste is filled and
subsequently purging the transfer line
 before removing it from the container
opening.
  (3) Whenever a hazardous waste is in
a container using Container Level 2
controls, the owner or operator shall
  install all covers and closure devices for
  the container, and secure arid maintain
'  each closure device in the closed
  position except as follows:
    (i) Opening of a closure device or
  cover is allowed for the purpose of
  adding hazardous waste or Bother
  material to the  container as follows:
    (A) In the case when the container is
  filled to the intended final level in one
  continuous operation, the owner or
  operator shall promptly secure the
  closure devices in the closed position
  and install the covers, as applicable  to
  the container, upon conclusion of the
"  filling operation.
    (B) In the case when discrete
  quantities or batches of material
  intermittently are added to the container
  over a period of time, the owner or
  operator shall promptly secure the
  closure devices hi the closed position
  and install covers, as applicable to the
  container, upon either the container
  being filled to the intended final level:
  the completion  of a batch loading after
 which no additional material will be
 added to the container within 15
 minutes: the person performing the
 loading operation leaving the immediate
 vicinity of the container: or the
shutdown of the process generating the
 material being added  to the container,
whichever condition occurs first.
   (ii).Opening of a closure device or
cover is allowed for the purpose of
removing hazardous waste from the
container as follows:        .'   .  .   •
   (A) For the purpose of meeting the
requirements of this section, an empty
container as defined in 40 CFR 261.7(b)
may be open to the atmosphere at any
time (i.e.. covers and closure devices  are
not required to be secured in the closed
position on an empty container).
   (B) In the case when discrete
quantities or batches of material are
removed from the container but the
container does not meet the conditions
to be an empty container as defined in
40 CFR 261.7(b). the owner or operator
shall promptly secure the closure
devices in the closed position and
install covers, as applicable to the
container, upon the completion of a
batch removal after which no additional
material will be removed from the
container within 15 minutes or the
person performing the unloading
operation leaves the immediate vicinity
of the container,  whichever condition
occurs first.
  (iii) Opening of a closure device or
cover is allowed  when access -inside the
container is needed to perform routine
activities other than transfer of
hazardous waste. Examples of such
activities include those times when'a
worker needs to open a port to measure
  the depth of or sample the material in
  the container, or when a worker needs
  to open a manhole hatch to access
  equipment inside  the container.
  Following completion of the activity,
  the owner or operator shall promptly
  secure the closure device in the closed
  position or reinstall the cover, as
  applicable'to the container.
    (iv) Opening of a spring-loaded.
  pressure-vacuum relief valve,
,' conservation vent, or similar type of
  pressure relief device which vents to the
  atmosphere is allowed during normal
  operations for the purpose of
  maintaining the internal pressure of the
  container in accordance with the
  container design specifications. The
  device shall be designed to operate with
  no detectable organic emission when
  the device is secured in the closed
  position. The settings at which the
  device opens shall be established such
  that the device remains in the closed
  position whenever the internal pressure
  of the container is within the internal
  pressure operating range determined by
  the owner or operator based on
 container manufacturer  .  ; .    '
 recommendations,  applicable
 regulations, fire protection and
 prevention codes, standard engineering
 codes and practices, or other
 requirements for the safe handling of
 flammable, ignitable,  explosive.
 reactive, or hazardous, materials.
 Examples of normal operating
 conditions that may require these
 devices to open are during those times
 when the internal pressure of the
 container exceeds the internal pressure
 operating range for the container as a
 result of loading operations or diurnal
 ambient  temperature fluctuations.
   (v) Opening of a safety device, as
 defined in §265.1081  of this subpart, is
 allowed at any time conditions require
 doing so to avoid an unsafe condition.
   (4) The owner or operator of
 containers using Container Level 2
 controls shall inspect  the containers and
 their covers and closure devices as
 follows:
   (i) In the case when a hazardous waste
 already is in the container at the time
 the owner or operator first accepts
 possession of the container at the
 facility and the container is not emptied
 (i.e.. does not meet the conditions for an
empty container as specified in 40 CFR  •
261.7(b))  within 24 hours after the
container arrives at the facility, the
owner or operator shall visually inspect
the container and its cover and closure
devices to check for visible cracks.
holes, gaps, or other open spaces into
the interior of the  container when the
cover and closure devices are secured in
the closed position.  If a defect is

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            Federal  Register / Vol. 61. No.  228. /  Monday.  November 25. 1996  / Rules and Regulations
                                                                       59989
   detected, the owner or operator shall
   repair the defect irt accordance with the
   requirements of paragraph (d)(4)(iii) of
   this section.  '
     (ii) In the case when a container used
   for managing hazardous waste remains
   at the facility for a period of 1 year or
   more, the owner or operator shall
   visually inspect the container and its
   cover and closure devices initially and
   thereafter, at least once every 12
   months, to check for visible cracks.
   holes, gaps, or other open spaces into
   the interior of the container when the
   cover and closure devices are secured  in
   the closed position. If a defect is
   detected, the owner or operator shall
   repair the defect in accordance with the
   requirements of paragraph (d) (4) (Ui) of
   this section.
  „ (iii) When a defect is detected for the
   container, cover, or closure devices, the
   owner or operator shall make first
   efforts at repair of the defect no later
   than 24 hours after detection, and repair
  shall be completed as soon as possible
  but no later than 5 calendar days after
  detection. If repair of a defect cannot be
  completed within 5  calendar days, then
  the hazardous waste snail be removed
  from the container and the container
  shall not be used to manage hazardous
  waste until the defect-is repaired.
    (e) Container Level 3 standards.
    (1) A container using Container Level
  3 controls  is one of the following:
    (i) A container that is vented directly
  through a closed-vent system to a
  control device in accordance with the
  requirements of paragraph (e)(2)(ii) of
  this section.
    (ii) A container that is vented inside
  an enclosure which is exhausted
  through a closed-vent system to a
  control device in accordance with the
  requirements of paragraphs (e) (2) (i) and
  (e)(2)(ii)  of this section.
   (2) The owner or operator shall meet
  the following requirements, as
  applicable  to the type of air emission
  control equipment selected by the
  owner or operator:
   (i) The container enclosure shall be
  designed and operated in accordance
  with the criteria for a permanent total
  enclosure as specified in "Procedure
  T—Criteria for and Verification of a
  Permanent  or Temporary Total
  Enclosure" under 40 CFR 52.741.
  appendix B. The enclosure may have
  permanent or temporary openings to
  allow worker access:  passage of
  containers through the enclosure by
  conveyor or other mechanical  means:
 entry of permanent mechanical or
 electrical equipment: or direct airflow
'  into the enclosures The owner or
 operator shall perform the verification
 procedure for the enclosure as specified
  in Section 5.0 to "Procedure T—Criteria
  for and Verification of a Permanent or
  Temporary Total Enclosure" initially
 . when the enclosure is first installed
  and. thereafter, annually.
    (ii) The closed-vent system and
  control device shall be designed and
  operated in accordance with the
  requirements of § 265.1088 of this
 subpart.
    (3) Safety devices, as defined in
 §265.1081 of this subpart. may be
 installed and operated as necessary on
 any container, enclosure, closed-vent
 system, or control device used to
 comply with the requirements of
 paragraph (e)(l) of this section.
    (4) Owners and operators using
 Container Level 3 controls in
 accordance with the provisions of this
 subpart shall inspect and monitor the
 closed-vent systems and control devices
 as specified in § 265.1088 of this
 subpart.
   (5) Owners and operators that use
 Container Level 3 controls in
 accordance with the provisions of this
 subpart shall  prepare and maintain the
 records specified in § 265.1090(d) of this
 subpart
   (f) For the purpose of compliance
 with paragraph (c)(l)(i) or (d)(l)(i) of
 this section, containers shall be  used
 that meet the  applicable U.S.
 Department of Transportation (DOT)
 regulations on packaging hazardous
 materials for transportation as follows:
   (1) The container meets the applicable
 requirements specified in 49 CFR part
 178—Specifications for Packaging or 49
 CFR part 179—Specifications for Tank
 Cars.
   (2) Hazardous waste  is managed in the
 container in accordance with the
 applicable requirements specified in 49
 CFR part 107.  subpart B—Exemptions:
 49 CFR part 172—Hazardous Materials
 Table. Special Provisions. Hazardous
 Materials Communications, Emergency
 Response Information,  and Training
 Requirements: 49 CFR  part 173—
 Shippers—General Requirements for
 Shipments and Packages: and 49 CFR
 part ISO—Continuing Qualification and
 Maintenance of Packagings.
   (3)  For the purpose of complying with
 this subpart. no exceptions to the 49.
 CFR part 178 or part 179 regulations are
 allowed except as provided for in
 paragraph (f) (4) of this section.
   (4) For a lab  pack that is managed in
 accordance with the requirements of 49
 CFR part 178 for the purpose of
 complying with this subpart. an owner
 or operator may comply with the
 exceptions for  combination packagings
specified in 49 CFR  I73.12(b).
  (g) The owner or operator shall use .
the procedure specified in § 265.1084(d)
  of this subpart for determining a
  container operates with no detectable
  organic emissions for the purpose of
  complying with paragraph (d)(l)(ii) of
  this section.
    (1) Each potential leak interface (i.e..
  a location where organic vapor leakage
  could occur) on the container, its Cover.
  and associated closure devices, as
  applicable to the container, shall be
  checked.  Potential leak interfaces that
  are associated with containers include
  but are not limited to: The interface of
  the cover rim and the container wall:
  the periphery of any opening on the
  container or container cover and its
  associated closure device; and the
  sealing seat interface on a spring-loaded
  pressure-relief valve.
    (2) The  test shall be performed when
  the container is filled with a material
  having a volatile organic concentration
  representative of the range of volatile
  organic concentrations  for the
  hazardous wastes expected to be
  managed in this type of container.
  During the test, the container cover and
  closure devices shall be secured in the
  closed position.  .  . *   .
   (h) Procedure for determining a
 container to be vapor-tight using
 Method 27 of 40 CFR part 60, appendix
 A for the purpose of complying with
 paragraph  (d)(l)(iii) of this section.
   (1) The test shall be performed in
 accordance with Method 27 of 40 CFR
 part 60, appendix A of this chapter.
  - (2) A pressure measurement device
 shall be used that has a precision of ±2.5
 mm water  and that is capable of
 measuring above the pressure at which
 the container is to be tested for vapor
 tightness..
   (3) If the test results determined by
 Method 27 indicate that the container
 sustains a pressure change less than or
 equal to 750 Pascals within 5 minutes
 after it is pressurized to a minimum of
 4.500 Pascals, then the container is
 determined to be vapor-tight.
  45. Section 265.1088 is amended by
 revising paragraph (b)(3). adding
 paragraph (b)(4). revising paragraphs
 (c)(2). (e)(3)(ii). and (c)(5)(i) (D)-(E), and
 adding paragraph (c)(7) to read as
 follows:

 §265.1088   Standards: Closed-vent
 systems and control devices.
 «    *     *    *    «     ..  v    '
  (bj'v *    '
  (3) tn the case when the closed-vent
system includes bypass devices that
could be used to  divert the gas or vapor
stream to the atmosphere before
entering the control device, each bypass
device shall be equipped with either a
flow indicator as specified in paragraph
(b)(3)(i) of this section or a seal or

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  59990  Federal  Register / Vol. 61. No. 228 / Monday, November 25. 1996 / Rules and Regulations
  locking device as specified in paragraph
  (b)(3)(ii) of this section. For the purpose
  of complying with this paragraph, low
  leg drains, high point bleeds, analyzer
  vents, open-ended valves or lines.
  spring-loaded pressure relief valves, and
  other fittings used for safety purposes
  are not considered to be bypass devices.
    (i) If a flow indicator is used to
  comply with paragraph  (b),(3) of this
  section, the indicator shall be installed
  at the inlet to the bypass line used to
  divert gases and vapors from the closed-
  vent system to the atmosphere at a point
  upstream of the control device inlet For
  this paragraph, a flow indicator means
  a device which indicates the presence of
  either gas or vapor flow in the bypass
  line.
    (ii) If a seal or locking device is used
  to comply with paragraph (b)(3) of this
  section, the device shall be placefl on
  the mechanism by which the bypass
  device position is controlled (e.g., valve
  handle, damper lever) when the bypass
  device is in the closed position such
  that the bypass device cannot be opened
 without breaking the seal or removing
 the lock. Examples of such devices.
 include, but are not limited to. a car-seal
 or a lock-and-key configuration valve.
 The owner or operator shall visually
 inspect the seal or closure mechanism at
 least once every month to verify that the
 bypass mechanism is maintained in the
 closed position.
   (4) The closed-vent system shall be
 Inspected and monitored by the owner
 or operator in accordance with the
 procedure specified in 40 CFR
 265.1033(k).
   fc}...
   (2) The owner or operator who elects
 to use a closed-vent system and control
 device to comply with the requirements
 of this section shall comply with the
 requirements specified in paragraphs
 (c)(2)(i) through (c)(2)(vi) of this section.
   (J) Periods of planned routine
 maintenance of the control device.
 during which the control device does
 not meet the specifications of
 paragraphs (c)(l)(i). (c)(l)(ii). or
 (c)(l)(ui) of this section, as applicable.
 shall not exceed 240 hours per year,
   (ii) The specifications and
 requirements in paragraphs (c)(l)(i).
 (c)(l)(ii). and (c)(l)(iii) of this section for
 control devices do not apply during
 periods of planned routine
 maintenance.
  (Hi) The specifications and
 requirements in paragraphs (c)(l)(i).
 (c)(l)(ii). and (c)(l)(iii) of this section for
 control devices do not apply during a
 control device system malfunction.
  (iv) The owner or operator shall
 demonstrate compliance with the
requirements of paragraph (c)(2)(i) of
  this section (i.e.. planned routine
  maintenance of a control device, during
  which the control device does not meet
  the specifications of paragraphs (c)(l)(i),
  (c)(l)(ii),.or (c)(l)(iii) of this section, as-
  applicable, shall not exceed 240 hours
  per year) by recording the information
  specified in § 265;109Q(e)(l)(v) of this
  subpart.
    (v) The owner or operator shall
  correct control device system
  malfunctions as soon as practicable after
  their occurrence in order to minimize
  excess emissions of air pollutants.
    (vi) The owner or operator shall
  operate the closed-vent system such that
  gases, vapors, and/or fumes are not
  actively vented to the control device
  during periods of planned maintenance
  or control  device system malfunction
  (i.e.. periods when the control device is
  not operating or not operating normally)
 except in cases when it is necessary to
 vent the gases, vapors, or fumes to avoid
 an unsafe condition or to implement
 malfunction corrective actions or
 planned maintenance actions.
 *****'
   (3) « -  -  ' '
   (i) *  * -
 .  (ii) All carbon removed from the
 control device shall be managed in
 accordance with the requirements of 40
 CFR 265.1033(m).
 *    «    *     *    *
   (5) • -  *  '
   «"•*••
   (D) A boiler or industrial furnace
 burning hazardous waste for which the
 owner or operator  has been.issued a
 final permit under 40 CFR part 270 and.
 has designed and operates the unit in
 accordance with the requirements of 40
 CFR part 266, subpart H: or
   (E) A boiler or industrial furnace
 burning hazardous waste for which the
 owner or operator has designed and
 operates in accordance with the interim
 status requirements of 40 CFR part 266,
 subpart H.
 *•*«»»'
   (7) The'control device shall be
 inspected and monitored by the owner
 or operator in accordance with the
 procedures specified in 40 CFR
 265.1033(0(2) and  40 CFR 265.1033(k). .
The readings from each monitoring
 device required by 40 CFR
 265.1033(0(2) shall be inspected at least
once each operating day to check
control device operation. Any necessary
corrective measures shall be  ~
 immediately implemented to ensure the
control device is operated in
compliance with the requirements of
this section.
  46. Section 265.1089 is revised to read
as follows:
  §265.1089  Inspection and monitoring
  requirements.
    (a) The owner or operator shall
  inspect and monitor air emission
 • control equipment used to comply with
  this subpart in accordance with the
  applicable requirements specified in
  §265.1085 through §265.1088 of this
  subpart. ,
    (b) The owner or operator shall
  develop and implement a written plan
  and schedule to perform the inspections
  and monitoring required by paragraph
  (a) of this section. The owner or
  operator shall incorporate this plan  and
  schedule into the facility inspection
  plan required under 40 CFR 265.15
    47. Section 265.1090 is revised to read
  as follows:

  §265.1090  Recordkeeping requirements.
    (a) Each owner or operator of a facility
  subject to requirements in this subpart
  shall record and maintain the
  information specified in paragraphs (b)
  through (i) of this section, as applicable
  to the facility. Except for air emission
 control equipment design
  documentation and information
 required by paragraph (i) of this section.
 records required.by this section shall be
 maintained in the operating record for a
 minimum of 3 years. Air emission
 control equipment design
 documentation shall be maintained in
 the operating record until the air
 emission control equipment is replaced
 or otherwise no longer in service.
 Information required by paragraph (i) of
 this section shall be maintained in the
 operating record for'as long as the tank
 or container is not using air emission
 controls specified in §§ 264.1084
 through 264.1087 of this subpart in
 accordance,with the conditions
 specified in § 264.1084(d) of this
 subpart.
   (b)  The owner or operator of a tank
 using air emission controls in
 accordance with the requirements of
 § 265.1085 of this subpart shall prepare
 and maintain records for the tank that
 include the following  information:
   (1)  For each tank using air emission
 controls in accordance with the
 requirements of § 265.1085 of,this
subpart, the owner or operator shall
 record:                  •       •
   (i) A tank identification number (or
other unique identification description
as selected by the owner or operator):
   (ii)  A record for each inspection
required by § 265.1085 of this subpart
tha.t includes the following information;
   (A).Date inspection was conducted.
   (B) For each defect-detected during
the inspection, the following
information: the location of the defect.
a description of .the defect, the date qf

-------
           Federal  Register / Vol. 61, No.  228 / Monday. Novernber  25.  199& /  Rules and Regulations   5999\
  detection, and corrective action taken to
  repair the defect. In the event that repair
  of the defect is delayed in accordance
  with the provisions of §265.1085 of this
  subpart, the owner or operator shall also
  record the reason for the delay .and the
  date that completion of repair of the
 , defect is expected.                •
    (2) In addition to the information
  required by paragraph (b)(l) of this
  section, the owner or operator shall
  record the following information, as
  applicable to the tank:
    (i) The owner or operator using a
  fixed roof to comply with the Tank
  Level 1 control requirements specified
.  in §265.1085(c) of this subpart shall
••  prepare and maintain records for each
  determination for the maximum organic
  vapor pressure of the hazardous waste
  in the tank performed in accordance
  with the requirements of § 265.1985(c) •
  of this subpart. The records shall
  include the date and time the samples
  were collected, the analysis method
  used, and the analysis results.
    (ii) The owner or operator using an
  internal floating roof to comply with the
  Tank Level 2 control requirements
  specified in §265.1085(e) of this subpart
  shall prepare and maintain
  documentation describing the floating  ,
  roof design'.
    (iii) Owners and operators using an
 .external floating roof to comply with the
 Tank Level 2 control'requirements
 specified in § 265.1085(f) of this subpart
 shall prepare and maintain the
 following records:
    (A) Documentation describing the
 floating.roof design  and the dimensions
 of the tank.
    (B) Records for each seal gap
 inspection required by § 265.1085(0(3)
 of this subpart describing the results of
 the seal gap measurements. The records
 shall  include the date that the
 measurements were performed, the raw
 data obtained for the measurements, and
 the calculations of the total  gap surface
 area. In the event that the seal gap
' measurements do not conform to the
 specifications in § 265.1085 (f) (1) of this
 subpart. the records shall include a
 description of the,repairs that were
 made, the date the repairs were made.
 and the date the tank was emptied, if
 necessary.

   (iv) Each owner or operator using an '
 enclosure to comply with the Tank
 Level 2 control requirements specified
 in §265.10850) of this subpart shall
 prepare arid maintain the following
 records:
   (A)  Records for the most recent set of
 caiculations'and  measurements    ,
 performed by the owner or operator to  .
 verify that the enclosure meets the
  criteria of a permanent total enclosure
  as specified in "Procedure T—Criteria
  for and Verification of.a Permanent or .
  Temporary Total Enclosure" under 40
  CFR 52.741. appendix B.
    (B) Records required for the closed-
  vent system and control device  in
  accordance with the requirements of
-  paragraph (e) of this section.
    (c) The'owner or operator of a surface •
  impoundment using air emission
  controls in accordance with the
  requirements of §265.1086 of this
  subpart shall prepare and maintain
  records for the surface impoundment
  that include the following information:
    (1) A surface  impoundment
  identification number (or other unique
  identification description as selected by
  the owner or operator).
    (2) Documentation describing the
  floating membrane cover or cover
  design, as applicable to the surface
  impoundment, that includes
  information prepared by the owner or
  operator or provided by the cover
  manufacturer or vendor describing the
  cover design, and certification by the
  owner or operator that the cover meets
  the specifications listed in § 265.1086(c)
  of this subpart.
   (3) A record for each inspection
  required by § 265.1086 of this subpart
  that includes the following information:
   (i) Date inspection was conducted.
   (ii) For each defect detected during
  the inspection the following
.information: The location of the  defect,
 a description of the defect, the date of
 detection,  and corrective action taken to
 repair the defect. In the event that repair
 of the defect is delayed in accordance
 with the provisions of § 265.1086(0 of
 this subpart. the owner or operator shall
 also record the reason for the delay and
 the date that completion of repair of the
 defect is expected.
   (4) For a surface impoundment
 equipped with a .cover and vented
 through a closed-vent system to a
 control device, the owner or operator
.shall prepare and maintain the records
 specified in paragraph (e) of this
 section.          :    -
   (d) The owner or operator of
 containers using Container Level 3 air
 emission controls in accordance  with
 the requirements of § 265.1087 of this
 subpart shall prepare and maintain
 records that include the following
 information:
   (1) Records for the most recent set of
 calculations and measurements
 performed  by the owner or operator to
 verify that  the enclosure meets the
criteria of a permanent total enclosure
as specified in "Procedure T—Criteria
for and Verification of a Permanent or
 Temporary To.tal Enclosure" under 40
 CFR 52J41, appendix B.
   (2) Records required for the Closed-'
 vent system and control device in
 accordance with the requirements of
 paragraph (e) of this section.
   (e) The owner or operator using a
 closed-vent system and control device
• in accordance with the-requirements of
 § 265.1088 of this subpart shall prepare
 and maintain records that include the
 following information:
   (1) Documentation for the closed-vent
 system and control device that includes-
   (i) Certification that is signed and
 dated by the owner or operator stating-   •
 that the control  device is designed to
 operate at the performance level
 documented by  a design analysis as
 specified in paragraph (e)(l)(ii) of this
 section or by performance tests as
 specified in paragraph (e)(l)(iii) of this
 section when the tank, surface
 impoundment, or container is or would
 be operating at capacity or the highest
 level reasonably expected to occur.
   (ii) If a design  analysis is used, then
 design documentation as specified in 40.
 CFR 265.1035(b)(4). The documentation
 shall include information prepared by
 the owner or operator or provided by
 the control device manufacturer or
 vendor that describes the control device
 design in accordance with 40 CFR
 265.10350))(4)(iii) and certification by
 the owner or operator that the, control
 equipment meets the applicable
 specifications.,
   (iii) If performance tests are used,
 then a performance test plan as
specified in 40 CFR 265.1035(b)(3) and
all test results,
   (iv) Information as required by 40 CFR
 265.1035(c)(l)and40CFR
 265.1035(c)(2). as applicable.
   (v) Ah owner or operator shall record.
on a semiannual  basis, the information
specified in paragraphs (e)(l)(v)(A) and
 (e)(l)(v)(B) of this section for those
planned routine  maintenance operations
that would require the control device
not to meet the requirements.of
§265.1088 (c)(l)(i), (c)(l)(ii), or (c)(l)(iii)
of this subpart. as applicable.
  (A) A description of the planned
routine maintenance that is anticipated"
to  be performed for the control device
during the next 6-month period. This
description shall include the type of
maintenance  necessary, planned.
frequency of maintenance, and lengths
of  maintenance periods.
  (B) A description of the planned
routine maintenance that was performed
for the control device during the
previous 6-month period. This
description shall  include the  type of
maintenance performed aod the total
number of hours  during those 6 months

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 59992   Federal  Register  / Vol.  61.  No. 228 / Monday.  November 25. 1996 / Rules and Regulations
 that the control device did not meet the
 requirements of § 265.1088 (c)(lj(i).
 (c)(l)(ii). or (c)(l)(iil) of this subpart, as
 applicable, due to planned routine
 maintenance.
   (vi) An owner or operator shall record
 the information specified in paragraphs
 (e)(l)(vi)(A) through (e)(l)(vi)(C) of this
 section for those unexpected control
 device system malfunctions that would
 require the control device not to meet
 the requirements of §265.1088 (c)(l)(i),
 (c)(l)(ii). or (c)(l)(iii) of this subpart. as
 applicable.
   (A) The occurrence and duration of
 each malfunction of the control device
 system.
   (B) The duration of each period
 during a malfunction when gases.
 vapors, or fumes are vented from the
 waste management unit through the
 closed-vent system to the control device
 while the control device is not properly
 functioning.
   (C) Actions taken during periods of
 malfunction to restore a malfunctioning
 control device to its normal or usual
 manner of operation.
   (vli) Records of the management of  .
 carbon removed from a carbon
 adsorption system conducted in
 accordance with § 265.1088(c)(3)(ii) of
 this subpart.
   (0 The owner or operator of a tank.
 surface  impoundment, or container
 exempted from standards in accordance
 with the provisions of §265.1083(c) of
 this subpart shall prepare and maintain
 the following records, as applicable:
   (1) For tanks, surface impoundments,
 or containers exempted under the
 hazardous waste organic concentration
 conditions specified in §265.1083 (c)(l)
 or (c) (2) of this subpart, the owner or
 operator shall record the information
 used for each waste determination (e.g..
 test results, measurements, calculations.
 and other documentation)  in the facility
 operating log. If analysis results for
 waste samples are used for the waste
 determination, then the owner or .
 operator shall record the date. time, and
 location that each waste sample is
collected in accordance with applicable
 requirements of §265.1084 of this
subpart.
  (2) For tanks, surface impoundments.
or containers exempted under the
 provisions of §265.1083(c)(2)(vii) or
§265.I083(c)(2)(viii) of this subpart. the
owner or operator shall 'record the
 identification number for the
 incinerator, boiler, or industrial furnace
 in which the hazardous waste is treated.
   (g) An owner or operator designating
 a cover as "unsafe to inspect and
 monitor" pursuant.to §265.1085(1) or
 §265.1086(g) of this'subpart shall record
 in a log that is kept  in the facility
 operating record the following
 information: The identification numbers
 for waste management units with covers
 that are designated as "unsafe to inspect
 and monitor," the explanation for each
 cover stating why the cover is unsafe tor
 inspect and monitor, and the plan and
 schedule for inspecting and monitoring
 each cover.
  (h) The owner or operator of a facility.
 that is subject to this subpart and to the
 control device standards in 40 CFR part
 60. subpart 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.
  (i) For each tank or container not
 using air emission controls specified in
 §§265.1085  through 265.1088 of this
 subpart in accordance with the
 conditions specified in § 265.1080(d) of
 this subpart. the owner or operator shall
 record and maintain the following
 information:
  (1) A list of the individual organic
 peroxide compounds manufactured at
 the facility that meet the conditions
specified in §265.1080(d)(l).
  (2) A description of how the
 hazardous waste containing the'organic
 peroxide compounds identified in
paragraph (i)(l) of this section are
 managed at the facility in tanks and
containers. This description shall
 include the following information:
  (i) For the tanks used at the facility to
 manage this hazardous waste, sufficient
 information shall be provided to
describe for each tank: A facility
 identification number for the tank; the
purpose and placement of this tank in
the management train of this hazardous
waste: and the procedures used to_.
ultimately dispose of the hazardous
waste managed in the tanks.
  (ii) For containers used at the facility
to manage these hazardous wastes.
sufficient information shall  be provided
to describe: A facility identification
number for the container or group of
containers: the purpose and placement
of this container, or group of containers.
 in the management train of this
 hazardous waste; and the procedures
 used to ultimately dispose of the
 hazardous waste handled in the
 containers.

   (3) An explanation of why .managing
 the hazardous waste containing the
 organic peroxide compounds identified
 in paragraph (i)(l) of this section in the
 tanks and containers as described in
 paragraph (i)(2) of this section would
 create an undue safety hazard if the air
 emission controls, as required under
 §§ 265.1085 through 265.1088 of this
 subpart, are installed and operated on
 these waste management units. This
 explanation shall include the following
 information:
   (i) For tanks used at the facility to
 manage these hazardous wastes.
 sufficient information shall be provided
 to explain: How use of the required air
 emission controls on the tanks would
 affect the tank design features and
 facility operating procedures currently
 used to prevent an undue safety hazard
 during the management of this
 hazardous waste in the tanks: and why
 installation of safety devices on the
 required air emission controls, as
 allowed under this subpart. will not
 address those situations in which
 evacuation of tanks equipped  with these
 air emission controls is necessary and
 consistent with good engineering and
 safety practices for handling organic
 peroxides.
   (ii) For containers used at the facility
 to manage these hazardous wastes.
 sufficient information shall be provided
 to explain: How use of the required air
 emission controls on the containers
 would affect the container design
 features and handling procedures
 currently used to prevent an undue
.safety hazard during the management of
 this hazardous waste in the containers:
 and why installation of safety devices
 on the required air emission controls, as
 allowed under this subpart, will not
 address those situations in which
 evacuation of containers equipped with
 these air emission controls is necessary
 and consistent with good engineering
 and safety practices for handling organic
 peroxides.

 §265.1091  (Removed and reserved]

   48. Part 265 is amended by removing
 and reserving §265.1091.
   49. Part 265 is amended by adding
 Appendix VI to read as follows:

-------
                                                                                           1           '•','•
            Federal Register  /  Vol. .61.  No. 228 / Monday.  November 25.. 1996  / Rules and Regulations   5
59993
               APPENDIX vi TO PART 265 i—COMPOUNDS WITH HENRY'S LAW CONSTANT LESS THAN o!i Y/X
                                        -          [At 25 degrees Celsius]
                                            Compound name
                                                  	_____	         I    CAS No.
   TRICHLORO(1,1,2)TRIFLUORO                         ~'   ~~"   ~  ~  ~"	
'   FORMALDEHYDE	        	"	"v	*"	•	"""	
   HYDROCYANIC ACID 	            ^	,.,	

   FORMAMIDE 	          ""	:	'	'	"'•	•""	"•"•	•	"'	•	-  '        74-90_g
   QUINONE 	;	•          	'	'	"	'	•""	:	•	'	'	4v	•	•  	•-.-:	
   DIMETHYL HYDRAZINE(1.1) ..     	"	'	'	"	'	'	'	-	,
   METHYL ACRYLATE 	            	•"""•	'	-          57-14-7
   ACETAMIDE	          	••••-..-;	.,	,	  ,        96-33-3

   METHYL HYDRAZINE	  	'	'.	'	'	'	-	           60-35-5
   DIETHYLHYDRAZINE N N               '"•"'	'	'	:	"	'	'	"•"	           60-34-4
   FORMIC ACID 	       '	""""	'	'	:	-i...	;..
   DIMETHYL OISULFIDE	    """•;•"	•	:	          64-18-6
   PHORATE	           •"•'	'""	"	'	'	"	"	'	;	         624-92-0
   HYDRAZINE .;.....	 .    """""	""	'	'	'	'	•	•	         298-02-2
   LEAD SUBACETATE	       '"""  '	:	'"	'	"	'	•	         302-01-2
   LEAD ACETATE	        	'	'	"'""	•'•••         1335-32-
   NAPHTHOL,beta-	.."""77""	"	"	'	"	"	•	-	'	         301-04-2
   DIETHYLENE GLYCOL MONOMETHYL ETHER" """	'	"'	'	"""	"	         135-19-3
   NITROSODIMETHYLAMINE N .........          """""	'	'	"	'	-:-	•	.........
   OIETHYLENE GLYCOL MONOBUTYL ETHER"""	"'	'	""	"	'	'	•"•	•	          62-75-9
  ACETYL-2-THIOUREA, 1- 	         	V"	'	:	•	'"•	'	•	...
  ACRYLIC ACID	          "	•-"•;""	"••--	•	•-	••	         591-08-2
  ETHYLENE GLYCOL MONOPHENYL ETHER	•""	"	"	'	'•	'	          79-10-7
  ETHYLENE GLYCOL MONOMETHYL ETHER-  ""	"	"	"'	'	'""r	'	"	'	
  DIMETHYL FORMAMIDE	           	'	'	"	:	'	•"""•"••	  	».-.	
  DIETHYLENE GLYCOL DIMETHYL ETHER  " """""	"""	"""""	'	          68-12-2
  PROPIOLACTONE b	           	"	"	"""	"""	'•	'	—•-•-	;„„.	,
  ETHYLENE GLYCOL MONOPROPYL ETHER"	   	'	"""	:	""""         57-57-8
  METHYL SULFURIC ACID ...            "	'	"'	'""	•	'•	
  METHYL THIOPHENOL 4	        '	"""	'	'	'	'	
  ETHYLENE GLYCOL MONOETHYL ETHER CeiiosoT""""""'"	'	'	"""	"	'"	     106-45-6
  DIMETHYL CARBAMOYL CHLORIDE             	'	•  ••--•••	
  ETHYLENE GLYCOL MONOETHYL ETHER ACETATE^	'	""""	'	-	••-
  BUTYL CELLOSOLVE	                   '""	""-	"	~	'	•	•	
  TOLUENE DIAMINE(2;4)	          '	'	'•	'	'	'	  	•	         111-76-2
  DIMETHYLSULFOXIDE .......         """	"""	'"""	"	""	'	 	•"•'•	          95-80-7
  ANILINE	        ' "	'	'	'-	•	
  DIETHYLENE GLYCOL ....   	"	"""	'	-•          62-53^3
  ETHYLPHENOL, 3-	     "	"""	'	'	—-	         111-46-6
  GYLCIDOL	       	"	••-••••-	•	•	-•	••	-	       620-17-7
 .BUTYRIC ACID	     "	""""	""	"-	"""	"	•	•	        556-52-5
  NITROSO-N-METHYLUREA N      	'	'	"	"	"""""	"	   107-92-6
  MONOMETHYL FORMANIDE   	'	'	'""	-•--•	•-•-.•	        684-93-5
  ETHYL CARBAMATE	:..1".'.""1"	""""	"	'	"	""	
  ETHYL MORPHOLINE, ethyl diethylene'oidme "7 "	'	:	"      "	'	'	•	""	•
  ETHANQLAMINE(mono-) 	.. .             	'	•:"'	"	••	-	
  ETHYLENE THIOUREA ....     '   " '"	'	"""	'	•	'	'	       . 141^»3-5
  PtJENOL	     	'	'	'	:••"••	•-•"'	'	'	•	•	  •	
 ETHYLENE GLYCOL MONOBUTYL ETHER	'	"""	'	""'	'	'	"-•	        108-95-2
 CRESOL 	              	'	""	•	-•••	•	:	I...;...
 PROPYLENE GLYCOL	          	"	""	'"	"	•"-•"	-•••••        1319-77-
 TRIETHYLENE GLYCOL DIMETHYL ETHER	"	'	""	'	'	'	'	          57-55-6
 CRESOL(-o)	                 	•-:•........	..:	,	
 TOLUIDINE (m)	        , " """""'"	'	v'""	:	:	---          95-48-7
 CHLOROPHENOL^t ..        	\	'"'"",'	"V	""	"'"	-'	•.	,	.'..:......
 BENZYL ALCOHOL  .	""	:	'"	---	•••'•-•!       106-48-9
 ACETALDOL	         	T	'.'	"	'	'	'""	:	"	'	:	•'-••.•	-•        100-51-6
 CHLOROACETIC ACID  .. 	'	':'""	"	.'":	""""""	v"	:	:	""	 	'•	•	
 GLYPHOSATE 	     	"'"	"	:	'	:	"""	          79-11-8
 ETHYLENE GLYCOL  .     ""	"":	,""-'.	"	•	•"••	•	•-•	'••••
 AOENINE	           " "	'	:	-	••        107-21-1
 HEXAMETHYLPHOSPHORAMIDE	"	'-"•'	"	'"'"	'	""	'	    73-24-5
 DIETHYLENE GLYCOL MONOETHYL ETHER ACETAT'"'"""	"""	'	'	'	'	v""'"-	"	-	'•	'••••
 OICHLOROPHENOL 2.5	,.,..„.,..;	77ZZ7Z7"""'	."""	•-••—;•-—•	-	-—	.-......- 	..........;	

 NITROSOMORPHOLINE	"'"	'	'	"	>"""	'.	••—'"••'	--:	-:..-..7 |       106-44-5
 QUINOLINE 	\-             .    	•'	:'""	;	',	;	••	: • .:.':.....,.:....:........:.;..
 DIMETHYLSULFONE  ........ 	'	.'"".'	:	'	"	;":'""	'':"	:""':	'	•-.-.,....,.         91-22-5
 CRESOL(-m)	  ' 	.""•	:	'	'-	  :	:....:.....  •
 TOLUENE OIISOCYANATE(2 4)      " """	'	""":	:	."'"•	:"	"•"•'•••:	'	v	'-•--'        108-39-4
 HYDROXY-(2)-PROPIONITRIL£           	'	'	"'"•''	--	'	'-;-	:- !       •584-84-9
               .  ,   .   •    .     	'	•	'•	•-'	•-•••'•••	•	---•	;r.	:	.:..,....„	 !   •  ' •  109-78-4

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  59994  Federal Register / VoL 61.  No.  228 / Monday. November 25. 1996 / Rules and Regulations


        APPENDIX VI TO PART 265.—COMPOUNDS WITH HENRY'S LAW CONSTANT LESS THAN 0.1 Y/x—Continued
                                             [At 25 degrees Celsius]      .                      •
                                        Compound name
                                                                                                CAS No.
 HEXANOICACID	    .
 FUMARICACID 	       	'•"""".	:""","'
 METHANE SULFONIC ACID 	 	'"""	;	'	              ~8
 MESITYL OXIDE 	.,	"	"•
 CHLORO-2,5-DIKETOPYRROL10INE 3 	Z	:	:	'.	'	,"'"         '41 ~79~7
 PYRlDINIUM BROMIDE 	'..           	'	'•"	'	:
 METHYLIMINOACETIC ACID	       	"""""	'
 OIMETHOATE	.:	ZZZZZIZiZZZIZ^^ZZZ'"'"'	'
 GUANIDINE, NITROSO	                                              	'CT
 PHENYLACETIC ACID	;	  .          	'	'	'""         TnT^i
 BENZENE SULFONIC ACID	           	'	'	'	         103-«2-2
 ACETYL-S-HYDROXYPIPER1DINE 3 	   	'	'	'	'""	'.""
 LEUCINE	~ziz;™z""zzz;;z;z	•
 tlpha-PICOLINE 	"'                                 '""
 METHYL-2-METHOXYAZIRIDINE 1  	        	'	'
 BROMOCHLOROMETHYL ACETATE 	          	""	'
 DICHLOROTETRAHYDROFURAN 3.4	                 ""	'	"	"«o
 ACETYLPIPERIDINE 3	4	               	•	'	/	        t,0 ~\ „
 CHLORO-1.2-ETHANE DIOL	'.	 	"	"	'""        618-42-8
 CYANIDE	  	'	'	*'"	"
 NIACINAMIDE			             	'	"	""	
 METHOXYPHENOL P	
 METHYLFURFURAL 5 	      	:	'	r
 GLYCINAMIDE 	..'	;	"	'	'	•"
 SUCCINIMIOE 	....;..              ""•""'	"	'	'
 SULFANIUC ACID .:.	!..".!Z"!	'""	""""	""
 MALEIC ACID	:	;	               	'	'	'
 AMETRYN	         	'	'	'	""'"	'
 DIMETH?LPHENOL(3.4)	 	'
 ANISIDINE.O-	;.;;;;
 TETRAETHYLENE PENTAMINE 	              '	""
 DIETHYLENE GLYCOL MONOETHYL ETHER  ...      	'	•
 CHLORACETOPHENONE.2- 	 	'	:	'"""'	'
 DIPROPYLENE GLYCOL	                   	'	'	-	."	"	"'"
 HEXAMETHYLENE 1.6 DIISOCYANATE ZZ	"	:	'	'	'"""
 NEOPENTYL GLYCOL	'"
 BHC.gammt-	;	  	'	•	"	'	:
 PHENYLENE DIAMINEC-m)	   	""	""	'	'
 CHLOROHYDRIN. a 3 CHLORO 1.2 PROPANEDIOL ....  	'	'	'	"	:	""
 XYLENOL(3.4)	 """	"	-	"	V
 DINITRO^)<:RESOI.(4,6)	„	       	'
 PROPORUR (Baygon)	'.	       	'	'	'	V	:	'	.'
 DIBROMO-4-HYDROXYBENZONITRILE(3,S) 	l.Z.Z	'	'	'	"
 CATECHOL 	     	"	'
 CHLOROANILINE.P-	        	'	..-.....-
 DICHLORVOS 	
 ACRYLAMIDE	;	:	i;"i"	'	'	•
 THIOSEMICARBAZIDE 	;	  	:	'•"'7oo
 TRIETHANOUMINE 	           	'	'	',	•	          ~~
 PENTAERYTHRITOL 	     	'	'	:
 PHENYLENE DIAMINE(-o)	  	'	'
 CAPROLACTAM  	,..	       	"""	'	
 BENZOICACID	;.;;:;;;	""*	"•".	•;	:	•	••	:••••
 TOLUENEDIAMINE(3.4)	      	"	'	'"".
 TRIPROPYLENE  GLYCOL	            	'
 PHENYLENE DIAMINE(-p)	'	'	"'"
 TEREPHTHALIC ACID		•	
 NITROGLYCERIN	•.	     	""	'	-
 CHLORO(-p)CRESOL(-m) 	   	'	"	•""".	'
 DICHLOROANILINE 2.3-	             	'	'	"	'.
 NITROANILINE(-o) 	        	""	"	r
 DIETHYL (N.N) ANILINE 	            	'	'	'	'	'	'
 NAPHTHOUalpha-	"JZ"."'.".'..	"	"""	:	'	'	'	'	'
 AMINOPYRIDINE.4- 	 '        .
 ADIPONITRILE	          	]	'	"""	'
 BROMOXYNIL	               .         	'	'	',	'	
 PHTHALIC ANHYDRIDE 	....."""	'	"
 MALEIC ANHYDRIDE 	    	'	'
 NITROPHENOL.2-	          	'	'	-
ACETYLAMINOFLUORENE.2	       	'	'	'TQC  T
PROPANE SULTONE.1.3- 	            	'	'	 |         120-71

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           Federal  Register 7  Vol.  61.  No. 228 / Monday.  November 25.  1996 / Rules  and Regulations   59995
         APPENDIX VI TO PART 265 ^COMPOUNDS WITH HENRY'S LAW CONSTANT LESS THAN 0.1 Y/X—Continued
                                                 [At 25 degrees Celsius]                ' •     '.
                                           Compound name
  CITRIC ACID  	                  •          -•--'.                          ..  |-
  EPINEPHRINE	          •	'	.'•'	'	:	••"',	'	'	;	-.	 |      . . 77-92-9
  CHLOROPHENOL POLYMERS       "	"""	";	'	•	'	"	••-•	—         51-43-4
  CREOSOTE		
  FLUOROACETIC ACID, SODIUM'SALT	"	'	'	•-,••--••-.	        9001-53-
  SOOIUM ACETATE ...	 .       .      	"""""	"	-•••••-•	         62-74-8
  SUCCINIC ACID	    	'	""	'	'	'	""•'	-	'	  	
  SODIUM FORMATE 	    ""	"""	"""	:	:	•	         110-15-6
  PHENACETIN	   ""	"	"	•-•—--	•-	         141-53-7
  HYDROQUINONE	       "•'"'	"	'	'	'	'	'	         62-44-2
  DIMETHYLAMINOAZOBENZENai"	•--•-•	         123-31-9

  METHYLENE DIPHENYL DIISOCYANATE	"	'	-	'	"         60-11-7
  OXALIC ACID  ...;	             	"'"	'""	'	T	"	:	f~	-	...:...
  BENZO(A)PYRENE 	        	"	'	""	'	'	'	'-	        144-62-7
  DICHLOROBENZONITRILE,2 6-   "	'	'	"	"'"	""""•	'	      •   50-32-8
  AMINOBIPHENYL.4- .........       ""	."",'	""""•	•	     1194-65-6
  NAPHTHYLAMINE,alpha-	.'	'	"	'	"	"•	         92-67-1
• DIETHANOLAMINE.	  '            :	"	'	'	-"""	'	        134-32-7
  METHYLENEDIANILINE 4,4 .... """"•"	"'	'	!	'	v	v	-	•	
  NAPHTHYLAMINE,beta- 	        	•'"".	V"""""	-	••	••••-••	*	••	 	
  METHYLENE DIPHENYLAMINE (MDA)  .... '." '"	'	"	"	"""	'	         91-59-8
;  GLUTARIC ACID	                 	'>	'"	'	•	'•	
  RESORCINOL	      	"'""	"•'	'""•""	'	'	'	'.	'	""	"	         110-94-1
  TOLUIC ACID (para-)  ..       	'""	'	'	'	'	r	•'••	        108-46-3
  GUTHIQN	      	-•	"	'	'	'	'	•	•	         99-94-5
  DIMETHYL PHTHALATE	   "  	"""  :	'	"""""	'	"	'	;	
  GLYCERIN (GLYCEROL)	       	'	""""":	.'	:"	'	'	'	        131-11-3
  THIOFANOX	        	'	"'"""	"	'"	••:•_•	•	•	.-	         56-81-5
.  OIBUTYLPHTHALATE .....     	'""	""	'	""	'"'•""	'	(       39196-18
  ALDICARB 	;..:. .          	"."	"	"	"'	'	""•	~"	••••         84-74-2
  NITROPHENOL.4- 	    "'	"""	'"'""	'	'	•"•"	:-        116-06-3
  METHYLENE-BIS(2-CHLOROANlLTNEJ',4,4;"'";;"	"'	'	'	'	"""        100-02-7
  OIP,HENYLHYDRAZINE(1.2)                   	:	'"'	""	'	"	'"""•	'	'	  '      101-14-4
  METHOMYL.	       --••-	        122-66-7

  MALATHION 	      	'	'""	'	'	V	"	-	""•	        16752-77
  PARATHION	    	"""	,"	"'	"""-	••-        121-75-5
  ADIPIC ACID 	;	     '	:	'	"	""	"	;	•	  .      S6-38-2
  ALACHLOR 	„...	..""	'	•	        124-04-9
  STRYCHNIOIN-10-ONE.Z3-DIMETHbxY-"	'	"""	'	""	'	'	'•---	•	       , 15972-60
  TOLUENEDIAMINE(2,6) .              	"""	"	'	'"	:•".	'•	        357-57-3
  CUMYLPHENOL-4	:.... .     	'	'	'	'	•	•	'	•	    823-40-5
  DIAZINON	      	'.	"	"-'	•	•	         27576-86
  BENZENE ARSONIC ACID 	  '""	'	'	'	'	••
 WARPARIN	                	•'""'	""	.""""••	:	'	;	          98^05-5
 METHYL PARATHION  	""'•'	'.	'	"	"""	V	'	"""	•'	!	'	"	          81-81-2
  DIETHYLTHIOPHOSPHATEBENZO M ETHYL PETHER	"""	:	"	"	"	'	      298-00-0
 PHENYL MERCURIC ACETATE                    	'"""	:	"	'	'	'	••""	•	•	
 DIETHYL PROPIONAMIDE,2aN    	'	'	""""	"	:	'	'•	""""	'	          62-38-4
 CHLOROBENZOPHENONE (PARA)	"""""	"	"	"	'	'	:	-	'	         15299-99
 THIOUREA.HO-CHLOROPHENYD-     	-•---	         134-35-0
 DIMETHYLBENZIDINE 3.3         	'	••-••--	:	••	         5344-82-
 DICHLORO-(2.6)-NITROANILINE(4) ...  ' '	""	'	"	'	""	•"""	'	'	"•	
 CELLULOSE	,.               	-	'	'	'•	""••	r	          99-30-9
 CELL WALL	       	'	"	"""	""	:	        9000-11-
 BENZIDINE	        	'	:---•	,	   	
 TETRAETHYLDITHIOPYROPHOSPHATE"""	'"	---..	...r	,	         92-37-5
 NABAM	                      	'	"	'	'	•	         3689-24^
 ATRAZINE 	„.    	'	'"'"	:	:	:	  	•	
 ENDRIN  	 " . 	"	.''	.'	'	'	'	         1912-24-
 BIS(2-ETHYLHEXYL) PHTHALATE      '""•	"	'	:	'	'	  '     72-20-8
 8ENZO(A)ANTHRACENE .                         	:"	;	'-         117-81-/
 CYANOMETHYL-BENZOATE 4 	      "'	"	""	'	"	'	'.	"         56-55-3  .
 ANTHRAQUINONE	                 '     	'"":	".'	'	-	'""''	'	•	  	;	;	•-•'
 STRYCHNINE 	:	        	:	'•""	'	'"""	:	'•	"'":	•	         84-65-1
 SIMAZINE	          .  "  "	:	;	:	'	•'	"	:	;	         57-24-9
 PYRENE	I.."	   	:	'	""""	'	'	•	r--"         122-34-9  ,
CHLORO8ENZYLATE      	'	'	'	'	:''"	'	"	•-..•-..         129-00-0
DIMETHYLBENZ(A)ANTHRACENE(7'i2)"~'..""'	'	'.	""	v""""	'	'.""	'-;	"  5^0-15-6
INDENO(1.2.3-cd)-PYRENE             •'     	'"'"•	r	"	"""	"•"""	-—•~1"-	-:-    •  ',  37-97-6
CHRYSENE            '	'	'	'	'	'	"	;	'•	--:—-	-:	••	;•••  '   •    193-39-5
                         •.~«i!"^"™"»'"!I»"Z"^^!"!!!!!!!!I!!!!!!!!!!!!!"!;;!!;i!";!"";;'r-'"	'.	:"-;":vv	.••-.]   •     218-0^-9

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  59996  Federal Register / Vol. 61. No. 228  /  Monday. November 25. 1996 / Rules and Regulations

        APPENDIX VI TO PART 265.—COMPOUNDS  WITH HENRY'S LAW CONSTANT LESS THAN 0.1 Y/X—Continued
                                                [At 25 degrees Celsius]
                                          Compound name
                                                                                                      CAS No.
 BENZO(k) FLUORANTHENE 	
 DIBENZO(a,h)ANTHRACENE 	
 OIETHYL PHOSPHOROTHIOATE
                                                                                  207-08-9
                                                                                   53-70-3
                                                                                  126-75-0
 PART 270—EPA ADMINISTERED
 PERMIT PROGRAMS: THE
 HAZARDOUS WASTE MANAGEMENT
 PROGRAM

   50. The authority citation for Part 270
 continues to read as follows:
   Authority: 42 U.S.C. 6905.6912.6925.
 6927.6939. and 6974.

 Subpart B—Permit Application

   51. Section 270.14 Is amended by
 revising paragraph (b)(5) to read as
 follows:

 § 270.14  Contents of Part B: General
 requirements.
 •    *    *    *     *
   (b) -  «  -
   (5) A copy of the general inspection
 schedule required by § 264.150}).
 Include where applicable.'as part of the
 inspection schedule, specific
 requirements in §§264.174.245.193(i).
 264.195,264.226. 264.254. 264.273,
 264.303, 264.602, 264.1033, 264.1052.
 264.1053.264.1058. 264.1084, 264.1085.
 264.1086. and 264.1088.   ,
 *     •    » .   »    »  '
  52. Section 270.27 is revised to read
 as follows:

 § 270.27 Specific Part B information
 requirements for air emission controls for
 tanks, surface impoundments, and
 containers.
  (a) Except as otherwise provided in 40
 CFR 264.1. owners and operators of
 tanks, surface impoundments, or
 containers that use air emission controls
 in accordance with the requirements of
 40 CFR part 264. subpart CC shall
 provide the following additional
 information:
                   (1) Documentation for each floating
                 roof cover installed on a tank subject to
                 40 CFR 264.1084(d)(l) or 40 CFR
                 264.1084(d)(2) that includes information
                 prepared by the owner or operator or
                 provided by the cover manufacturer or
                 vendor describing the cover design, and
                 certification by the-owner.or operator
                 that the cover .meets the applicable
                 design specifications as listed in 40 CFR
                 264.1084(e)(l) or 40 CFR 264.1084(0(1).,
                   (2) Identification of each container
                 area subject to the requirements of 40
                 CFR part 264. subpart CC and
                 certification by the owner or operator
                 that the requirements of this subpart are
                 met
                   (3) Documentation for each enclosure
                 used to control air pollutant emissions
                 from tanks or containers in accordance
                 with the requirements of 40 CFR
                 264.1084(d)(5)or40CFR
                 264.1086(e)(l)(ii) that includes records
                 for the  most recent set of calculations
                 and measurements performed by the
               •owner or operator to verify that the
                enclosure meets the criteria of a
                permanent total enclosure as specified
                in "Procedure T—Criteria for and
                Verification of a Permanent or
                Temporary Total Enclosure" under 40
                CFR 52.741, appendix B.
                  (4) Documentation for each floating
                membrane cover installed on a surface
                impoundment in accordance with the
                requirements of 40 CFR 264.1085(c) that
                includes information prepared by the
                owner or operator or provided by the
                cover manufacturer or vendor
                describing the cover design, and
                certification by the owner or operator
                that the cover meets the specifications
                listed in 40 CFR 264.1085(c)(I).
   (5) Documentation for each closed-
 vent system and control device installed
 in accordance with the requirements of
 40 CFR 264.1087 that includes design
 and performance information as
 specified in § 270.24 (c) and (d) of this
 part
   (6) An emission monitoring plan for
 both Method 21 in 40 CFR part 60,
 appendix A and control device
 monitoring methods. This plan shall
 include the following information:
 monitoring point(s), monitoring
 methods for control devices, monitoring
 frequency,  procedures for documenting
 exceedances, and procedures for
 mitigating noncompliances.
   (7) When an owner or operator of a
 facility subject to 40 CFR part 265.
 subpart CC cannot comply with 40 CFR
.part 264, subpart CC by the date of
 permit issuance, the schedule of
 implementation required under 40 CFR
 265.1082.

 PART 271—REQUIREMENTS FOR
AUTHORIZATION OF STATE
 HAZARDOUS WASTE PROGRAMS

  53. The authority citation for part 271
continues to read as follows:
  Authority: 42 U.S.C. 6905. 6912(a). and
6926.

Subpart A—Requirements for Final
Authorization

  54: Section 271.1 (j)  is amended by
revising the effective date of the
following entry in Table 1 to read as
follows:

§271.1  Purpose and scope.
*   .*   «   _« '    *
 ' (j) • *>
      TABLE 1 .—REGULATIONS IMPLEMENTING THE HAZARDOUS WASTE AND SOLID WASTE AMENDMENTS OF 1984
   Promulgation date
               Title of regulation
                                                                   Federal Register reference
                                                                         Effective date
December 6. 1994 	
Air Emission Standards for Tanks, Surface Impound-
  ments, and Containers.
                                                                   59 FR 62896-62953
                                                                                          Decembers, 199§.
§271.1  fAmended]                              .

   54. Section 271.10) is amended by revising the effective date of the following entry in Table  2  to read as follows:

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          Federal Register /Vol.  61.  No^228  /Monday. November 25. 1996  /  Rules and Regulations  59997
          2.—SBJMMPIEMENTING PROVISIONS OF: THE HAZARDOUS WASTE AND SOUD WASTE AMENDMENTS OF 1984

      Effective date                  Self-implementing provision                  RCRA citation        Federal Register reference


. '. '     '. '    "•      •   '•               '     '••'•        •'   ^ :''.'•'     '      '   •             '..'"'
Decembers, 1996..:.	  Air Emission Standards for Tanks,  Surface  Impound-  3004
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-------