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. F94-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 IUse and Management of
Containers and Subpart JTank Systems
II. Subpart AAAir Emission Standards for
Process Vents: Standards for closed-Vent
Systems and Control Devices
ffl. Subpart BBAir Emission Standards for
Equipment Leaks
IV. Subpart CCAir 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 IUse and Management of
Containers and Subpart JTank
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 permitthe 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
TSDFBackground 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 AAAir 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 BBAir 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 CCAir 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 OONational
Emission Standards for Tanks - Level 1. Subpart
PPNational Emission Standards for Containers.
Subpart QQNational Emission Standards for
Surface Impoundments, Subpan RRNational
Emission Standards for Individual Drain Systems.
and Subpart WNational 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 TCriteria 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 261IDENTIFICATION 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 262STANDARDS 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 264STANDARDS 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 IUse 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 JTank 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 KSurface 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 AAAir 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 BBAir 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 CCAir 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 RRNational
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 268Land 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
FFNational 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 TCriteria 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 TCriteria 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
TCriteria 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 TCriteria
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
RRNational 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
TCriteria 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 TCriteria
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
178Specifications for Packaging or 49
CFR part 179Specifications for Tank
Cars. .
(2) Hazardous waste is managed in the
container in accordance with the
applicable requirements specified in 49
CFR part 107. subpart BExemptions:
49 CFR part 172Hazardous Materials
Table. Special Provisions, Hazardous
Materials Communications, Emergency
Response Information, and Training
Requirements: 49 CFR part 173
ShippersGeneral Requirements for
Shipments and Packages: and 49 CFR
part 180Continuing 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 TCriteria
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 TCriteria
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 265INTERIM 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 JTank 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 KSurface 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 AAAir 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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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 BBAir 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 RRNational
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 268Land 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
FFNational 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.TCriteria 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
referencerefer 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 referencerefer 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
referencerefer to § 260.11 of this
chapter):
(C) Methods obtained from standard
reference texts:
(D) ASTM Method 2879-92
(incorporated by referencerefer 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
TCriteria 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 TCriteria
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 RRNational 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
RRNational 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
TCriteria 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 TCriteria
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
178Specifications for Packaging or 49
CFR part 179Specifications for Tank
Cars.
(2) Hazardous waste is managed in the
container in accordance with the
applicable requirements specified in 49
CFR part 107. subpart BExemptions:
49 CFR part 172Hazardous Materials
Table. Special Provisions. Hazardous
Materials Communications, Emergency
Response Information, and Training
Requirements: 49 CFR part 173
ShippersGeneral Requirements for
Shipments and Packages: and 49 CFR
part ISOContinuing 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
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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 TCriteria
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 TCriteria
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:
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1 '','
Federal Register / Vol. .61. No. 228 / Monday. November 25.. 1996 / Rules and Regulations 5
59993
APPENDIX vi TO PART 265 iCOMPOUNDS 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/xContinued
[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/XContinued
[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/XContinued
[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 270EPA 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 BPermit 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 TCriteria 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 271REQUIREMENTS 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 ARequirements 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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