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33524
Federal Register  /  Vol. 56, No. 140 / Monday, July 22. 1991 / Proposed Rules
be allowed to comply with the proposed
regulation by the use of-a pressurized
tank. This tank would be required to be
designed to operate in excess of 204.9
kPa. This pressure has been determined
to bo adequate to prevent release of
emissions when wastes with the highest
reasonably expected vapor pressures
are stored at the highest reasonably
expected temperatures. Pressurized
tanks would be required to operate with
no detectable emissions as determined
by the procedures specified in Reference
Method 21.
  Under the authority of the Clean Air
Act. EPA has promulgated new source
performance standards (NSPS) for
storage tanks constructed or modified
after July 23,1984 that contain volatile
organic liquids (40 CFR 60 subpart Kb).
These standards require that tanks with
a capacity equal to or greater than 75 m*
(approximately 20,000 gallons) but less
than 151 m' (approximately 40,000
gallons) containing organic liquids with
a vapor pressure greater than 27.8 kPa
(approximately 4.0 pounds per square
inch) and'tanks with a capacity equal to
or greater than 151 m* containing
organic liquids with a vapor pressure  •
greater than 5.2 kPa (approximately 0.75
pounds per square inch) be equipped
with one of the following air pollution
controls: (1) A fixed roof and an internal
floating roof, (2) an external floating
roof, (3) a dosed vent system and
control device, or (4) emission controls
that are equivalent to one of the first  -
three. All tanks with a capacity greater
than 75 m* containing organic liquids
with a vapor pressure greater rtian 76.6
kPa are required to use a closed vent
system and control device to control
organic emissions.
  The EPA views the controls required
by the NSPS for volatile organic liquids
as tho intntmnm; control for any large
tank containing organic hazardous
waste, regardless of the date of
cons traction of the tank. Accordingly,
the tank control requirements specified
in 40 CFR part  60 subpart Kb are
incorporated as tntntmnm control
requirements for tanks in the standards
proposed today for hazardous waste
TSDF. An exception to this is the
subpart Kb requirement that requires
each tank with a capacity greater than
75 m* and containing an organic liquid
with a vapor pressure greater than 76.6
kPa to use only a closed vent system
and a control device. This requirement
Is not included in the standards  .
proposed today because EPA does not
expect waatea managed at TSDF to have
vapor pressures near or above 76.6 kPa.
The EPA requests comments on this •
decision.     .       ....
                        The EPA believes that most existing
                      tanks at TSDF-are smaller than the sizes
                      regulated by subpart Kb. Consequently,
                      including the subpart Kb requirements
                      in today's proposal should have little or
                      no additional impacts. However, making
                      the subpart Kb control requirements the
                      minimum requirements for today's
                      proposed standards would ensure that
                      any existing large tanks used for the
                      management of hazardous waste at
                      TSDF are controlled at least as
                      effectively as new, modified, or
                      reconstructed tanks storing volatile
                      organic liquids.

                      2. Surface Impoundments
                        Today's proposed standards would
                      require that a cover and closed vent
                      system that routes the gas stream to a
                      control device that reduces organic
                      emissions by at least 95 percent be used
                      on a surface impoundment into which is
                      placed a hazardous waste containing
                      500 ppmw or more of volatile organics.
                      In addition, a floating synthetic
                      membrane cover that contacts the waste
                      surface can be used alone provided all
                      of the following conditions are met: (1)
                      The waste placed in the surface
                      impoundment remains in a quiescent
                      state (i.e., not mixed, agitated,  or
                      aerated), (2) no waste fixation  occurs hi
                      the surface impoundment, and (3) no
                      heat is added to or generated by
                      processes occurring in the surface
                      impoundment
                        To comply with the proposed
                      standards for surface impoundments, a
                      nonquiescent surface impoundment
                      would need to be equipped with an air
                      supported structure or rigid structure
                      that vents the gas stream from the
                      enclosure to a control device. Contact
                      covers (Le.. floating membrane covers)
                      would only be allowable for quiescent
                      surface impoundments because
                      application of such a cover to a
                      nonquiescent surface impoundment may
                      not be physically possible, and would,
                      at best, be impractical. Also, as
                      discussed in Section IV. use of an air-
                      supported structure without a control
                      device would not provide effective
                      organic emission control. Consequently,
                      the standards would require mat where
                      an air-supported structure is used, a
                      control device for both quiescent and
                      nonquiescent surface impoundments be
                      used also.
                        The use of floating membrane covers
                      would be allowed only for quiescent
                      units .that are not used for waste fixation
                      or other heat generating treatment
                      processes (e^j., some neutralization
                      processes are exothermic). The
                      restrictions on the use of this control
                      technique were included because of the
                      potential for increased emissions from
 waste management units when the
. temperature is elevated. Under .  .
 conditions of elevated temperature,
 volatilization of organics increases,
 thereby resulting hi higher organic •
 emissions. Consequently, all units used
 for heat generating treatment processes
 would be required to use covers in
 conjunction with control devices.
   To ensure that organic emissions are
 effectively controlled, the proposed
 standards would require the surface
 impoundment cover (i.e, floating
 membrane cover, air-supported.
 structure, or any other types selected, by
 the owner or operator) and all openings
 on the cover to be designed and
 operated with no detectable emissions
 as determined by the procedure hi
. Reference Method 21. All openings in
 the surface impoundment covers such as
 hatches and access doors would need to
 be sealed (e.g., gasketed, latched)  and
 kept closed at all times when wastes are
 in the surface impoundment except
 during inspection and maintenance..
 Vents in the surface impoundment
 would be required to be operated with
 no detectable emissions except when
 venting is required to prevent physical
 damage or permanent deformation of
 the cover or surface impoundment. The
 closed vent system and control device
 would be required to meet the design
 specifications described later hi this
 section under the heading "Closed Vent
 Systems and Control Devices".
   For quiescent surface impoundments
 that use floating membrane covers, the
 covers would be required to cover the
 entire surface area of the impoundment
 when the impoundment is rilled to
 capacity, and to be designed and
 installed to minimize volatile organic
 emissions. The standards would require
 that the cover be fabricated using  high-
 density polyethylene (HDPE) having a
 thickness of at least 2.5 millimeters (100
 mils) as the membrane material, or a'
 material with equivalent permeability
 properties and other appropriate
 physical and chemical properties.
 Selection of the cover material was
 made on the basis of existing
 applications of HDPE covers on landfills
 and surface impoundments which have
 demonstrated that the material is
 compatible with hazardous waste and
 that .airtight HDPE covers can be    !
 designed and installed on surface
 impoundments. The  2.5 millimeters
 thickness was selected because it is the
 thickest HDPE commercially available
 and was included as a requirement
 based on theoretical mass transport
 calculations presented in Appendix H of
 the BID which indicate that increasing
 membrane thickness significantly

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                 Federal Register / Vol. 56, No. 140 / Monday. July 22,  1991 / Proposed Rules	33525
 lowers the volatile organic permeation
 rate. The proposed standards would
 require that surface impoundment
 covers be in place at aU times that any
 waste is contained in the impoundment
 except during inspection, maintenance,
 or removal of residues through one of
 the cover openings, or during closure of
 the impoundment.
   Although there is no theoretical size
 limit on floating synthetic membranes,
 as discussed in Chapter 4 of the BID, at
 very large sizes they become difficult to
 handle because of their weight. One
 consequence of this difficulty is that
 owners and operators of large
 impoundments may choose to convert
 from the use of impoundments to the use
 of tanks rather than installing covers.
 3. Containers
   Containers are defined in 40 CFR
 260.10 as any portable device in which a
 material is stored, transported, treated,
 disposed of, or otherwise handled.
 Containers include (but are not limited
 to) drums, barrels, dumpsters, tank
 trucks, rail cars, dump trucks, ships, and
 barges. Owners and operators who
 store, handle, or prepare hazardous
 waste for management hi containers are
 required under 40 CFR 264.173 and 40
 CFR 265.173 to keep hazardous waste
 containers closed during waste storage
 except when waste is added or removed
 and are required not to open, handle, or
 store hazardous waste containers in a
 manner which may .rupture the container
 or cause it to leak. Today's proposal
 would not change these requirements
 but would clarify that the intent of the
 existing rules is to have container
 covers form a tight seal. In addition,
 today's proposal would require that the
 cover be in place at all times during
 preparation, handling, and storage of
 hazardous waste except when waste is
 being added or removed. Today's
 proposal is also adding provisions that
 would require the following; (l) that
 container storage be carried out with no
 detectable emissions; (2) that submerged
 fill methods be used for placing
 pumpable waste in containers; and (3)
 that enclosures equipped with a closed
 vent system and control device be used
 to control emissions from waste fixation
 and heat generating processes that are
 carried out in containers.
  The EPA determined that significant
 emissions may be released to the
 atmosphere when pumpable waste (i.e.,
liquid, slurry, or sludge waste that can
be conveyed using a pump and
associated piping) is being loaded into
 containers. It was further determined
that if container loading is conducted by
introducing waste into a container
above the waste surface, Le., by splash
 loading, emissions from the process are
 substantially increased. Consequently,.  .
 today's proposal would control
 emissions from container loading or
 filling operations by requiring the use of
 submerged fill techniques for all
 pumpable wastes. In submerged fill,
 waste is introduced into a container
 through a pipe that extends beneath the
 surface of the waste in the container.
 This filling method minimizes emissions
 caused by agitation and splashing
 during filling.
   Piping used for submerged filling of
 containers would be required to extend
 to within a distance no greater than two
 diameters of the fill pipe of the bottom
 of the container while the container is
 being filled. This provision would ensure
 that if a waste contains solids, the solid
 particles would be able to clear the end
 of the fill pipe rather than accumulate at
 the end of the pipe and possibly restrict
 the flow of material. Requiring the end
 of the pipe to extend to a point near the
 bottom of the container is necessary to
 ensure that the end of the pipe is
 beneath the surface of the waste'during
 most of the filling process. When a
 container is  being filled, only the area
 required for the loading inlet and
 appropriate  vent area would be allowed
 to be open to the atmosphere.

 4. Closed Vent Systems and Control
 Devices
   For units required to use closed vent
 systems and control devices, EPA is
 proposing that the control device be
 operated whenever any waste is in the
 unit The dosed vent system would be
 required to be operated with no
 detectable emissions. The vent system
 consists of the piping, connections, and
 (if used) the  flow inducing device that
 transport organic vapors from the unit to
 the control device. To achieve the
 maximum organic emission reduction,
 the vent system must be closed and not
 allow any organic vapors to escape
 directly to the atmosphere prior to the
 vapor stream entering the control
 device. Therefore, it is necessary to
 design and operate the vent system to
 ensure no detectable organic emissions
 from the vent system components.
  The proposed standards would
 require that control devices be designed
 and operated to either achieve a total
 organic compound emission reduction
 efficiency of at least 95 percent, or meet
 specific performance requirements
 promulgated under 40 CFR 264 Subpart
 AA (specifically 5 264.1033(cHd)) for
 control devices used to reduce organic
 emissions from TSDF process vents.
Therefore, control devices that may be
used to comply with today's proposed
standards include organic destruction
 control devices such as thermal vapor
 incinerators, catalytic vapor .
 incinerators, boilers, process heaters,
 and flares as well as organic recovery
 control devices such as carbon
 adsorbers and condensers. Applicability
 of the various control device types to a
 particular emission source will depend
 on the characteristics of the organic
 vapor stream that would be vented to
 the control device. As discussed in
 Section IV and Chapter 4 of the BID,
 these control devices when properly
 designed and operated have been
 demonstrated to achieve a total organic
 compound emission reduction efficiency
 of at least 95 percent as would be
 required by today's proposal.
   If an enclosed combustion device (i.e.,
 thermal vapor incinerator, boiler, or    .
 process heater) is used, it would need to
 be designed and operated to achieve
 either a total organic compound
 emission reduction efficiency of at least
 95 percent or achieve a total organic
 concentration of 20 ppm by volume
 (ppmv) corrected to 3 percent oxygen on
 a dry basis. In lieu of an owner or
 operator having to develop a site-
 specific design to achieve the 95 percent
 or 20 ppmv level, the proposed
 standards would allow an enclosed
 combustion device to be used to comply
 with the standards that operates at a
 minimum residence time of 0.5 seconds
 and a minimum temperature of 760 °C.
 These are general design criteria that
 have been established for other EPA
 rulemakings under the Clean Air Act  as
 the minimum conditions necessary to
 achieve the required 95 percent control
 efficiency. The lower limit of 20 ppmv
 would be provided for enclosed
 combustion devices to allow for the
 decline in achievable destruction
 efficiency that occurs with decreasing
 inlet organic concentration below
 approximately 2,000 ppmv. This limit  is
 based on an analysis performed for EPA
 rulemakings under the Clean Air Act  for
 the synthetic organic chemical
 manufacturing industry (48 FR 57547).
  If a flare (an open combustion device)
 is used, the proposed standards require
 specific design and operating criteria  to
 be met for steam-assisted, air-assisted,
 and nonassisted flares. A vapor stream
 being combusted in a steam-assisted or
 air-assisted flare would need a net
heating value of 11.2 megajoules per
standard cubic meter (MJ/scm) (300 Btu/
scf). A vapor stream being combusted in
a nonassisted flare would need a net
heating value of 7.45 MJ/scm (200 Btu/
scf). These restrictions on the use of
flares to vapor streams with a net
heating value above certain limits were
included to ensure that flares will

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  33526
Federal Register  /  Vol.  56. No. 140 / Monday,  July 22. 1991  /  Proposed Rules
 achieve an emission reduction of at
 least 85 percent All flares would need
 to bo designed and operated with no
 visible emissions as determined by the
 procedures of EPA Reference Method 22
 except for no more than a total of 5
 minutes during any 2-hour period. The
 flare would need to be in operation at
 all times that emissions could be vented
 to It, and a pilot flame would need to be
 present whenever the flare is in
 operation. The calculation procedures
 for determining the net heating value of
 the gas being combusted and other
 design specifications (e.g., exit velocity)
 are included in the standards.
   While the general design criteria
 necessary to achieve at least 95 percent
 organic control efficiency can reliably
 bo established for enclosed combustion
 devices and flares, general design
 criteria for carbon adsorbers, condenser,
 or other organic recovery control
 devices cannot be specified on an
 Industry-wide basis. Therefore if a
 carbon adsorber, condenser, or other
 type of organic recovery control device
 Is used, the owner or operator would
 need to develop a Bite-specific design for
 the control device to achieve an organic
 control efficiency of at least 95 percent.
   Owners or operators who use control
 devices to comply with today's proposed
 regulation would be required to
 document that each control device is
 designed to achieve the requirements
 specified by the standards for the
 particular type of control device. This
 documentation would consist of control
 device design plans (e.g., specifications,
 diagrams). The EPA believes that the
 engineering design practices for control
 devices are sufficiently established that
 the design documentation alone
 provides the necessary evidence that the
 desired level of performance is achieved
 and, when supplemented by control
 device monitoring data, adequately
 ensures continued compliance with the
 control requirements of the regulation.
 However, as an alternative to design
 documentation, an owner or operator
 would be allowed to document control
 device performance by source test
 results to show that the control device
 reduces organic emissions by the
 required percentage.
  When carbon adsorption is used to
 remove organic* from a gas stream, the
 carbon must periodically be replaced or
 regenerated when the capacity of the
 carbon to adsorb organics is reached.
When either regeneration or removal of
 carbon takes place, there Is an
 opportunity for organics to be released
 to the atmosphere unless the carbon
disposal or regeneration is carried out
under controlled conditions. There
                      would be no environmental benefit in
                      removing organics from an exhaust gas
                      stream using adsorption onto activated
                     • carbon if the organics are subsequently
                      released to the atmosphere during
                      desorption or during carbon disposal. To
                      avoid such an occurrence, today's
                      proposal would require owners or
                      operators using carbon adsorption
                      systems for organic emissions control to
                      take steps to ensure that proper
                      emission controls are used during
                      carbon regeneration or disposal.
                        For carbon adsorption systems using
                      on-site carbon regeneration, the
                      proposed standards would require that
                      the determination of the carbon
                      adsorption system organic reduction
                      efficiency include not only organic
                      emissions vented from the carbon bed
                      but also the organic emissions vented
                      from the carbon regeneration equipment
                      Regenerable carbon adsorption involves
                      two separate steps. The first is the
                      adsorption step during which the
                      organic (adsorbate) is adsorbed on to
                      the surface of the activated carbon
                      (adsorbent). During the second step, the
                      adsorbate is removed from the carbon
                      (desorption) and recovered for reuse.
                      Both of these steps are equally
                      important in the overall process, and
                      any organics released to the atmosphere
                      in either step must be accounted for in
                      the control device efficiency
                      determination. For example.
                      regeneration or desorption is usually
                      accomplished by passing steam through
                      the bed countercurrent to the vent steam
                      flow. The steam carries the desorbed
                      organics from the bed and is men
                      condensed and decanted. Any organics
                      that pass through the condenser (i.e.. not
                      condensed) and are vented to the
                      atmosphere would need to be added to
                      the quantity of organics vented from the
                      carbon bed during the adsorption step to
                      obtain the carbon adsorption system
                      outlet organic emission rate for
                      computing the control device organic
                      removal efficiency. Similarly, if there are
                      organics in the aqueous phase of the
                      steam condensate that are not treated
                      and eventually escape to the
                      atmosphere, these must be added to the
                      carbon adsorption system outlet organic
                      emission rate.
                       For carbon adsorption systems mat do
                     not use on-eite regeneration or require
                     replacement of spent carbon, the
                     proposed standards would require that
                     the owner or operator certify that
                     carbon removed from the system is
                     either: (1) Regenerated or reactivated by
                     a process that minimizes the release of
                     organics to the atmosphere by using
                     effective control devices such as those
                     required in today's proposed rule, or (2)
 incinerated in a thermal treatment
 ' device that complies with the
 requirements of 40 CFR 264 subpart 0.

 E, Monitoring and Inspections

   Monitoring and inspection
 requirements are included in the
 proposed standards to help ensure that
 emission controls are properly operated
 and maintained. Information provided
 by regular monitoring and inspections
 will enable owners and operators, as
 well as enforcement agencies, to
 determine whether emission controls are
 being operated properly and can be used
 as an indicator of compliance with the
 emission reduction efficiency
 requirements. In selecting monitoring
 and inspection requirements for today's
 proposed standards, EPA referred to
 approaches that are used in other EPA
 regulations that require the same or
 similar emission controls to those
 proposed today for TSDF tanks, surface
 impoundments, or containers. The
 frequency of the monitoring and
 inspection requirements in today's
 proposal have been selected to be
 consistent with existing requirements in
 40 CFR parts 60,61. and 264 to the
 extent that they are appropriate for
 TSDF units.
   Monitoring is used here to refer to the
 measuring of specific control equipment
 operating parameters that have been
 selected as indicative of proper
 operation of the equipment. Inspections
 are .visual observations of the overall
 control equipment condition to
 determine if there are any improper
 operating practices or equipment defects
 that could cause reduced control
 efficiency or allow the escape of organic
 vapors from the controlled unit.      '

 1. Waste Management Units

   Connections and seals on covers used
 to control organic emissions from waste
 management unit connections should
 not leak any organic emissions to the
 atmosphere provided they are properly
 installed and operated. Thus, the
 proposed standards require that cover
 connections and seals operate with "no
 detectable emissions". Control       :
 equipment is considered by EPA to be
 operating with no detectable emissions
 if there are no visible defects in the   ;
 control equipment and the local volatile
 organic compound concentration is less
 than 500 ppm by volume (ppmv) at the
 surface of each seal or connection as
 determined by the procedure specified
 in Reference Method 21 "Determination
 of Volatile Organic Compound Leaks" in
40 CFR 60 appendix A. The Reference
Method 21 was developed for the
specific purpose of detecting organic

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                  Federal Register / Vol. 56. No. 140 / Monday. July 22. 1991  / Proposed Rules
                                                                     33527
  emissions from leaks. The 500 ppmv
  level used to define no detectable
  emission is separate and distinct from
  the waste volatile organic concentration
  level of 500 ppmw that is proposed for
  determining which waste management
  units would not be required to use
  organic emission controls. It is only a
  coincidence that the numerical value
  used for the two levels is the same.
   The proposed standards would
  require the owner or operator to visually
  inspect covers used on affected tank,
  surface impoundment, and container
  units each week to check for evidence of
  visible defects. These inspections would
  serve to help ensure that the equipment
  is being used properly (e.g., hatches are
  closed and latched except when
  workers require access to a tank or
  container) and the equipment is being
  maintained in good condition (e.g., no
 holes or gaps have developed in covers).
 The inspection interval of once per week
 was selected so that the proposed
 inspection requirements could be
 included as part of the weekly
 inspections the owner or operator is
 already conducting to comply with
 existing RCRA standards (e^, 40 CFR
 264.195 for tanks, 40 CFR 264.254 for
 surface impoundments, 40 CFR 264.174
 for containers).
   To detect leaks around cover seals
 and fittings from openings too small to
 be detected by eye. initial and
 semiannual monitoring by Reference
 Method 21 would be required at all
 connections and seals on each cover.
 The monitoring would be required to be
 performed during loading of waste into
 the unit or, for nonquiescent waste
 management processes, while the unit is
 generating emissions.
   If the inspection or monitoring of a
 component inspection indicates that the
 emission control equipment requires
 repair, the proposed regulation would
 require that an initial attempt at repair
 of the equipment be performed as soon
 as possible but no later than 5 calendar
 days after detection of the leak and that
 the repair work be completed within 15
 calendar days. It is EPA's intention that
 the owner or operator promptly repair
 emission control equipment components.
 The EPA also recognizes that under
 some  circumstances a repair of emission
 control equipment cannot always be
 made upon leak detection because
 facility maintenance personnel are not
 immediately available, the replacement
 part necessary to repair the equipment
is not stocked in the facility's on-site
 spare  parts inventory, or special
 contractors must be hired to perform the
repair work. However, regardless of the
circumstances, EPA expects the owner
  or operator within the first 5 calendar
  days following detection of the leak to,
  at a minimum, take initial actions to
  complete the repair (e-g., tighten cover
  gasket fittings, replace cover seals,
  patch cover membrane material),
  schedule facility maintenance personnel
. or control equipment vendor service
  personnel (if special repair work is
  needed), and order replacement parts (if
  needed). If repairs cannot be completed
  within the 15 calendar day period, the
  owner, or operator would not be allowed
  to add waste to that unit until the
  repairs were completed.
   One exception to the 15 calendar day
  repair period is being proposed today.
  An extended repair period beyond 15
  calendar days would be allowed for •
  surface impoundment covers under
  certain conditions. It is EPA's
  understanding that a surface
  impoundment may occasionally be a
  critical component of a company's
 manufacturing process {e.g., there is no
 backup or alternative waste
 management unit available for placing
 the hazardous waste generated by the
 manufacturing process). Also,
 performing some types of repairs on the
 surface impoundment cover may require
 the surface impoundment first be
 drained so that the entire manufacturing
 process would need to be shut down
 until the repairs were completed.
 Shutdown of an entire manufacturing
 process could possibly create a
 substantial hardship and significant
 economic losses for a company. To
 avoid mis situation without diminishing
 the protection of human health and the
 environment provided by the standards,
 EPA concluded that if delaying the
 repair of the surface impoundment cover
 would not cause the emission controls to
 be significantly less protective, then it
 would be appropriate to allow continued
 use of the surface impoundment but
 delay the repair of the surface
 impoundment cover until the next time
 the manufacturing process is shut down
 either for scheduled maintenance or
because of a process breakdown or
upset Therefore, EPA is proposing that
the repair period for a surface
impoundment cover may be extended
beyond 15 calender days until the next
time the process that generates the
waste which is placed in the surface
impoundment is shut down, provided
the owner or operator documents that
the repair cannot be completed without
a process shutdown and that delaying
the repair would not cause the emission
controls to be significantly less
protective. The EPA requests comment
on the need to provide mis extended
  repair period for certain, surface
  impoundment cover applications.   "
  2. Closed Vent Systems and Control
  Devices

    Closed vent systems and control
  ..devices used to control emissions from
  waste management units would be
  required to be periodically inspected
  and monitored to insure that they are
  operated and maintained in accordance
  with their design. The proposed
  standards would require mat closed
  vent systems and control devices be
  visually inspected at least once per
  week. Each closed vent system would
  need to be monitored for detectable
  emissions using Reference Method 21 at
  least once per year. Monitoring of a
  closed vent system could be required'at
  other times requested by the Regional
  Administrator. If an instrument reading
  indicated detectable emissions, men the
  owner or operator would be required to .
'  initiate repair of the system within 5
  calendar days after detection and to
  complete the repair no later than 15
  calendar days after detection.
   The proposed standards would
  require the owner or operator to install,
  calibrate, maintain, and operate
  monitors that continuously measure and
  record specific control device operating
  parameters. The monitoring would be
  required to be performed in accordance
  with the requirements that have been
  promulgated by EPA under 40 CFR 264
  subpart AA (specifically § 264.1033(1)-
  (h)) for monitoring the performance of
  control devices used to reduce organic
  emissions from TSDF process vents. The
  parameters to be monitored vary
  depending on the type of control device
  used. For thermal vapor incinerators,
  continuous monitoring of combustion
  zone temperature would be required. For
  boilers and process heaters having a
  design heat input capacity less than 44
 MW, continuous monitoring of
 combustion zone temperature would be
 required. For boilers and process
 heaters having a design heat input
 capacity equal to or greater than 44
 MW, continuous monitoring of a
 parameter that indicates good
 combustion operating practices are
 being used would be required. For
 catalytic vapor incinerators, continuous
• monitoring of temperature upstream and
 downstream of the catalyst bed would
 be required. For flares, continuous
 monitoring of visible emissions and pilot
 flame ignition would be required. For
 carbon adsorption systems mat  •
 regenerate the carbon bed directly in the
 control device such as a fixed-bed
•carbon adsorber, continuous monitoring
 of exhaust gas organic concentration or

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 33528
Federal Register / Vol. 56, No. 140 / Monday, July 22, 1991 / Proposed Rules
 a parameter that indicates that the
 carbon bed is regenerated or replaced at
 regular, predetermined intervals would
 be required For condensers, continuous
 monitoring of coolant Quid exit
 temperature and exhaust gas
 temperature would be required. These
 monitoring parameters were selected on
 the basis of previous analyses
 performed for EPA rulemakings under
 the Clean Air Act for the synthetic
 organic chemical manufacturing
 industry that showed that these
 parameters are indicative of control
 device performance. For control devices
 not otherwise specified, monitoring
 parameters would be specified in the
 design plan and the limits would be
 established during a performance test
 The standards would also require that
 control device monitoring data be
 reviewed by the owner or operator at
 least once each day the control device is
 in operation to ensure that the device is
 operating properly (Le., operating at
 design specifications).
  Continuous monitoring of a carbon
 adsorption system that does not
 regenerate the carbon directly on-site in
 the control device such as a carbon
 canister would not be required by
 today's proposed standards. Carbon
 canisters are simple, low-cost control
 devices that would likely be applied to
 individual tanks or other sources
 venting low volume and flow rate vapor
 streams. Application of continuous
 monitors to these types of carbon
 adsorption systems would not be
 reasonable because the cost of using
 continuous organic monitors would be
 expensive relative to the cost of the
 control device. A less expensive
 approach which achieves the same
 purpose is for the owner or operator to
 replace the carbon in the control device
 With fresh carbon on a regular basis '
 before carbon breakthrough occurs.
 Therefore, the proposed standards
 would require that the replacement
 interval be determined in accordance
 with § 284.1033(h) by either periodic
 monitoring of the organic concentration
 level in the exhaust vent stream from
 the control device or by design
 calculations.
F. Recordkeeping Requirements
  The proposed standards would
require that certain data and records be
routinely reviewed and be entered into
 the facility operating record required by
40 CFR 26173 and 40 CFR 285.73.
Because these sections do not apply to
hazardous waste generators, hazardous
waste generators affected by the
proposed standards (Le., large quantity
generators using 90-day accumulation
tanks or containers) would be required
                      to maintain the specified data and
                      records in a file located on-site that
                      would be readily available to EPA or
                      authorized State personnel The
                      information to be maintained on-site
                      includes the following items: the results
                      of all waste analyses for volatile organic
                      concentration and organic vapor
                      pressure; information pertaining to
                      closed vent system and control device
                      design as described in 40 CFR 264
                      subpart BB; design and monitoring data
                      for covers and enclosures; all control
                      device exceedances and the actions
                      taken to remedy them; and all inspection
                      records. Consistent with §§ 264.73 and
                      265.73, the proposed standards would
                      require mat all records be maintained in
                      the facility operating record until facility
                      closure except records and results of
                      inspections and monitoring, which
                      would need to be kept for 3 years from
                      the date of entry.
                        In selecting the recordkeeping
                      requirements, EPA wanted to ensure
                      that adequate information is available to
                      owners and operators as well as to
                      enforcement agencies to verify that
                      control systems are being properly
                      operated and maintained. The EPA was
                      also seeking to avoid placing undue
                      burden on owners and operators with
                      unnecessary monitoring and
                      recordkeeping requirements. The EPA
                      believes that the selected procedures
                     "are adequate and that the monitoring
                      and recordkeeping burden is reasonable.
                      Required records must be furnished to
                      EPA upon request and must be readily
                      available for inspection by EPA or
                      authorized State representatives at all
                      reasonable times.

                      G. Reporting Requirements
                        The proposed standards would
                      require an owner or operator of a
                      permitted TSDF (Le., a facility subject to
                      40 CFR part 264) to submit reports to
                      EPA only when events occur at the
                      TSDF that result or may result in the
                      facility being in noncompliance with
                      certain requirements of the proposed
                      standards. No reporting requirements
                      are proposed for interim status TSDF
                      (i.e., a facility subject to 40 CFR part
                      285).
                        An exception from certain proposed
                      control requirements would be allowed
                      for a tank, surface impoundment, or
                      containers subject to the standards,
                      provided the volatile organic
                      concentration of the waste placed in the
                      unit is below 500 ppmw. The EPA
                      intends that this exception apply only to
                      those units for which the owner or
                      operator can be reasonably certain that
                      the volatile organic concentration of the
                     waste consistently remains below 500
                     ppmw. Failure to use the required
 organic emission controls on units into
 which waste Tvith volatile organic
 concentrations of 500 ppmw or more are
 placed would be noncompliance with •
 the standards. Therefore, in the even*
 that a waste exceeding the 500 ppmw
 volatile organic concentration limit is
 placed in a unit without the specified
 emission controls, the owner or operator
 would be required to submit a report to
 EPA explaining.ike reasons why the
 waste could not be managed in
 compliance with the requirements of the
 standards. The owner or operator would
 be allowed up to 30 calendar days after
 a waste determination is performed to  .
 prepare and submit the report to EPA.
  Under the proposed standards, the
 owner or operator would be required to  ,
 properly operate and maintain each.
 control device used to comply with the.
 standards. Also, as previously
 described, the proposed standards
 would require continuous monitoring of
 specific control device operating
 parameters. A control device monitor
 reading outside the operating range
 allowed by the standards indicates that
 the control device is not operating
 normally or is malfunctioning (i.e., not
 operating at the design setting necessary
 to achieve at least 95 percent organic
 emission control efficiency), and action
 must be taken by the owner or operator
 to return the control device to operation
 at the design setting. When a control
 device malfunction cannot be corrected
 within 24 hours of detection (referred to
 in this preamble as a "control device
 exceedance"), the proposed standards
 would require the owner or operator to
 record additional information about the
 control device exceedance. This    \
 information would then be reported to
 EPA on a semiannual basis. The report
 would need to describe the nature and
 period of each control device
 exceedance and to explain the reason
 why the control device could not be
 returned to normal operation within 24
 hours. A report would need to be
 submitted to EPA only if control device
 exceedances have occurred during the
 past 6-month period. These reports aid
 EPA in determining the owner's or
 operator's ability to properly operate
 and maintain the control device. The
 EPA recognizes that a control device
 malfunction may occur due to
 circumstances beyond the control of the
 owner or operator (e.g., defective
 equipment supplied by the
 manufacturer). Therefore, a single
 control device exceedance may not
necessarily be indicative of improper
 control device operation or
maintenance.

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                  Federal Register /  Vol. 56, No. 140 / Monday, July 22, 1991 /Proposed Rules
                                                                     33539
  H, Alternative Standards for Tanks
    To provide some owners or operators
  of TSDF tanks with additional flexibility
  in complying with today's proposed
  standards, owners and operators would
.  be allowed to use as an alternative to a
  ;over vented to a control device either:
  (1) A fixed roof with an internal floating
  roof, (2) an external floating roof, or [3]
  an emission control for which a Federal
  Register notice has been published in
  accordance with 40 CFR 60.114(b). The
  alternative emission control would not
  be suitable for all TSDF tanks for
  several reasons. First, floating roofs  are
  only suitable for vertical, smooth wall
  tanks with sufficiently large diameters.
  Also, floating roofs cannot be used for
  TSDF tanks where the presence of the
  floating roof would interfere with a
  treatment process (e.gN tanks equipped
  with surface mixing or aeration
  equipment). Finally, because the floating
  roof deck and seals 'are in direct contact
  with the hazardous waste, the materials
  used to fabricate these components must
  be compatible with the waste
  composition to obtain a reasonable
  equipment service life. Thus, EPA
  expects that the alternative standards
  for tanks will primarily be used for some
  but not all large TSDF tanks storing
  liquids with a volatile organic content
  greater than 500 ppmw.
   Special inspection, monitoring.
  recordkeeping, and reporting
  requirements for internal and external
  floating roofs would be required by
  today's proposal because TSDF workers
  and EPA enforcement personnel cannot
  see inside a tank equipped with these
  types of control equipment unless (he
 tank is empty. These requirements are
 selected to be consistent wife fee
 inspection, monitoring, recordkeeping,
 and reporting requirements now being
 implemented by EPA tinder fee Clean
 Air Act for New Source Performance
 Standards (NSPS) for volatile organic
 liquid storage (40 CFR 60 subpart Kb).
 The EPA believes feat fee tanks affected
 by fee NSPS (i.e., liquid storage tanks
 containing varying amounts of organics)
 are sufficiently similar to fee TSDF
 tanks expected to use floating roofs to
 justify fee same inspection, monitoring,
 recordkeeping, and reporting
 requirements.

 1. Standards
  The alternative standards proposed
 today for internal and external floating
 roofs are identical to the requirements
 specified in fee existing NSPS for
 volatile organic liquid storage (40 CFR
 60 subpart Kb). For internal floating
 roofs, the closure devices must be a
 foam- or liquid-filled seal, two
  continuous seals, one above fee other,
  or a mechanical shoe seal. For external
  floating roofs, fee closure device must
  consist of two continuous seals, a
  primary seal and a secondary seal, one
  above fee other.
    Today's proposal does not contain fee
  provision in fee NSPS for volatile
  organic liquid storage feat allows a tank
  owner or operator to petition the EPA
  for a determination of equivalency of an
  emission control not specifically
  identified in fee regulations. However, if
  an emission control is determined to be
  equivalent by EPA for tanks subject to
  fee NSPS under fee provisions of 40 CFR
  60.114(b), then feat type of emission
  control would be acceptable for use on a
  TSDF tank in order to comply wife fee
  standards proposed today.

  2. Special Inspection Requirements
   The special inspection and monitoring
  requirements for internal and external
  floating roofs would require an initial
  inspection of fee primary and secondary
  seals at fee time fee roof is installed.
  Subsequent inspections would be
 required to be performed at intervals
 ranging from 1 to 5 years depending on
 fee type of seal mechanism used.
 Inspection of internal floating roofs
 would be by visual inspections to ensure
 feat no holes, tears, or gaps develop in
 fee seals. Inspections of external
 floating roofs would require
 measurement of gap widths between fee
 primary seal and fee wall, and between
 fee secondary seal and the wall to
 ensure feat these gaps are maintained
 within specified limits.

 3. Special Recordkeeping Requirements
   The special recordkeeping
 requirements for internal and external
 floating roofs would require fee owner
 or operator to maintain certain records
 in fee facility operating records.
 Documentation would be required feat
 describes fee internal floating roof or
 external floating roof design and
 certifies feat fee control equipment
 meets fee specifications listed in fee
 regulation. If fee inspection of an
 internal floating roof identifies any
 defects, a description of fee nature of
 fee defects, and fee date and means by
 which repair was made would need to
 be placed in fee operating records. For
 external floating roofs, the records for
 fee seal gap monitoring would need to
 include fee date of fee measurements,
 fee raw data from fee measurements,
 and fee calculations of gap area as
 specified in fee standards. If fee
measurements identify gaps exceeding
specified limits, the records would also
need to describe the gap area
calculations and fee date and means of
  repair. Consistent wife § 264.73 and
  §. 265.73. fee proposed standards would
  Tequire feat all records be maintained in
  fee facility operating record until facility
  closure except records and results of
  inspections, which would need to be  ;.
 . kept for 3 years from fee date of entry.

  4. Special Reporting Requirements

    The special reporting requirements for
  internal and external floating roofs
  would require fee owner or operator
  subject to fee standards in 40 CFR part
  264 to notify EPA in writing at least 30
  days prior to fee filling or refilling of a
  tank to provide EPA fee opportunity to
  inspect fee roof and seals for
  compliance wife fee standards. This
  requirement is necessary because fee
  roof seals can only be inspected when
  fee tank is empty.

  /. Standards for Miscellaneous Units

   The EPA has promulgated standards
  in 40 CFR part 264 for specific types of
  waste management units. These
  standards serve not only to regulate fee
  operation of these units at TSDF but
  also to provide a basis for evaluating fee
  issuance of permits to operate these
  units. So feat owners and operators can
  obtain permits to operate hazardous
  waste management technologies that are
  not covered elsewhere under part 264,
-  EPA promulgated standards under 40
  CFR 264 subpart X which apply to
  "miscellaneous units" (52 FR 46946J. A
  "miscellaneous unit" is defined in 40
 CFR 260.10 as a hazardous waste
 management unit where waste is
 treated, stored, or disposed of feat is not
 a container, tank, surface impoundment,
 waste pile, land treatment unit, landfill.
 incinerator, boiler, industrial furnace,
 underground injection well wife
 appropriate technical standards under
 40 CFR part 148. or a miit eligible for a
 research, development, and
 demonstration permit under 40 CFR
 270.65.
   Miscellaneous units are permitted on
 a case-by-case basis wife terms and
 provisions as needed to protect public
 health and fee environment through
 generic performance standards specified
 in 40 CFR 264.601. Section 264.601
 requires feat appropriate portions of fee
 existing requirements be incorporated
 into fee permit [subparts I through O at
 fee time subpart X was promulgated).
 For example, in regulating air emissions
 from a pyrolysis unit (a type of unit not
 covered by specific standards in part
 264), fee permit for fee unit would
 incorporate fee applicable requirements
 of fee subpart O incinerator standards.
 Because it is EPA's intention feat all
existing air and water environmental

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 33530
Federal Register / Vol.  56, No. 140 / Monday,  July 22, 1991  /Proposed Rules
 standards be considered for issuance of
 a permit for a miscellaneous unit, it is
 appropriate to amend subpatt X at this
 time to include the air emission
 standards that have been developed
 since subpart X was promulgated.
 Therefore, today's proposed standards
 would amend 40 CFR 264.601 to require
 that permit  terms and provisions for a
 miscellaneous unit being permitted
 under 40 CFR part 284 subpart X include
 the appropriate air emission control
 requirements promulgated in subparts
 AA and BB  of 40 CFR part 284, and
 proposed today as subpart CC of 40 CFR
 part 284,
   Application of the subpart CC
 standards to miscellaneous units would
 require determining which one of the
 waste management unit categories [Le.,
 tank, surface impoundment, or
 container), if any, is most similar to the
 miscellaneous unit For example, waste
 is sometimes stored or treated in units
 consisting of a flexible, synthetic liner
 supported by an above-ground metal
 frame (instead of a depression formed of
 earthen materials as is the case for a
 surface impoundment). Similar to a
 surface impoundment, the placement of
 wastes containing more than 500 ppmw
 volatile organics in this* unit would
 result in significant organic emissions
 from the exposed waste surface.
 Likewise, using the same type of
 emission controls applicable to surface
 impoundments (e.g, floating membrane
 cover) would reduce organic emissions.
 Therefore, in this case where the
 miscellaneous unit is determined to
 resemble a surface impoundment, a
 subpart X permit may be issued that
 would include relevant provisions of the
 subpart CC surface impoundment
 standards being proposed today.
 VUL Generator Accumulation Tanks
 and Container* Emission Controls
  Hazardous waste generators who
 accumulate waste on-site in containers
 or tanks for short periods of time are
 specifically exempted from the RCRA
 subtitle C permitting requirements
 provided the generators comply with the
 provisions specified in 40 CFR 262.34.
 Both large quantity generators (i.en
 generators who generate more than
 1,000 kilograms per calendar month) and
 small quantify generators (i.e.,
 generators who generate more than 100
 kilograms but less than 1,000 kilograms
per calendar month) can be exempted. A
 large quantity generator is exempted if
 hazardous waste is accumulated on-site
 in tanks and containers for 90 days or
less and certain requirements are met as
specified in§282£4(a) including   .
 compliance with 40 CFR part 285  •
subpart I (if the waste is accumulated in
                      a container) or subpart J (if the waste is
                      accumulated in a tank). The generator
                      accumulation tanks and containers that
                      meet these requirements are referred to
                      in this preamble as "90-day tanks and
                      containers." A small quantity generator
                      is exempted if hazardous waste is
                      accumulated on-site in containers and
                      tanks for up to 180 (or 270 days in some
                      cases) and certain requirements are met
                      as specified in 40 CFR 262.34 (d) and (e)
                      including compliance with container
                      requirements in 40 CFR 285 subpart I
                      and with special tank requirements in 40
                      CFR 265 subpart J (specifically
                      § 265.201). All generators are exempted
                      for containers used at or near the point
                      of generation to accumulate up to 55
                      gallons of hazardous waste or one quart
                      of acutely hazardous waste listed in 40
                      CFR 261.33(e) provided certain  "
                      requirements are met as specified in 40
                      CFR 262.34(0).
                        In most cases, 90-day tanks and
                      containers are used by large quantity
                      generators to accumulate waste upon
                       generation, and may handle waste
                       efore it is managed in on-site waste
                      management units that require RCRA
                      permits or before it is shipped off-site
                      for management at a commercial TSDF.
                      As a result, if these 90-day tanks or
                      containers are open to the atmosphere, a
                      significant fraction and possibly all of
                      the volatile organics contained in the
                      waste may be volatilized and lost to the
                      atmosphere before the waste is
                      managed in a waste management unit
                      that is controlled for air emissions. If
                      this were *to occur, a substantial portion
                      of the organic emission and cancer risk
                      reductions that'could potentially be
                      achieved by implementation of the
                      proposed standards would remain
                      unrealized.
                       In view of the organic emissions
                      potential of 90-day tanks and containers,
                      EPA evaluated the health and
                      environmental impacts of emissions
                      from these accumulation units. Data
                      from a 1988 survey of hazardous waste
                      treatment, storage, disposal, and
                      recycling facilities, a 1981 survey of
                      hazardous waste generators, and a 1985
                      survey of small quantity generators
                      were used as the basis for the analysis.
                      The most recent 1986 survey data only
                      accounted for 90-day tanks and
                      containers located at a TSDF site.
                     Therefore, these data were
                      supplemented by the results of the 1981
                      generator survey to estimate nationwide
                      numbers of 90-day tanks and containers.
                      The results of the 1985 survey of small
                      quantity generators were used to
                      estimate nationwide numbers of
                      accumulator units at small quantity
                     generators.
   The survey data were used as the
• basis for estimating the environmental'  ,
 and'health impacts of organic emissions
 from 90-day tanks and containers and
 the costs associated with controlling
 these emissions. The estimates were
 made using the same analytical
 approach used to estimate organic
 emissions, health impacts, and control
 costs for TSDF tanks, surface      :
 impoundments, and containers
 described .in section EL A detailed
 description of the 90-day tank and
 container impacts estimate procedure is
 provided in Appendix L of the BID.
   The analysis results estimate that
 nationwide emissions of organics from
 90-day tanks and containers are
 approximately 259 thousand Mg/yr
• under baseline conditions. Annual  ;  ''
 cancer incidence as a result of exposure
 to these emissions is estimated to be
 approximately 21 cases per year. It was
 further estimated that if the air emission
 control requirements being proposed for
 tanks and containers at TSDF were also
 applied to 90-day tanks and containers,
 nationwide annual emissions of
 organics from 90-day tanks and
 containers would be reduced to
 approximately 4 thousand Mg/yr and
 the annual cancer incidence would be
 reduced to less than 1 case per year. The
 capital costs of adding emission controls
 to 90-day tanks and containers are
 estimated to be approximately $41
 million. Total annual costs are estimated
 to be approximately $8.6 million for 90-
 day tanks and containers.
   The estimated health and
 environmental impacts of 90-day tank
 and container emissions can be
 interpreted in two ways. If the waste
 analyses used as a basis for estimating
 emissions and incidence from permitted
 units are assumed to represent the  >
 waste at the time it enters the permitted
 unit, then the impacts estimated for 90-
 day tanks and containers are separate
 from, and in addition to, the impacts
 estimated for permitted units. On the
 other hand, if the waste analyses used
 to estimate emissions from permitted
 units represents the waste near the point
 where it is generated, and if the 90-day
 tanks and containers are one of a series
 of waste management activities through
 which the waste passes between the >
 point of generation and the point of final
 disposition, then the impacts estimated
 for 90-day tanks and containers do not
 represent separate impacts in addition
 to those estimated for permitted units.
 Instead, emissions estimated from 90-
 day tanks and containers would double
 count the emissions estimated from
permitted units and, to the extent that
 this situation exists, the emissions and

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                 Federal Register / Vol. 56, No. 140  /  Monday. July 22, 1991 / Proposed Rules	33531
 emission reductions estimated for
 permitted units would be overstated.
  Waste data used in the analysis of
 permitted units, which served as the
 basis for the above analysis, were based
 on analyses of waste samples taken
 both at the point of generation and at
 the waste management unit. Because the
 data used in the analysis represent the
 waste at different points in the waste
 management sequence, the actual
 impacts of 90-day tanks and containers
 are probably somewhere between the   •
 two situations cited. Although EPA
 currently does not have sufficient
 information to make accurate estimates
 of the relationship between emissions
 from permitted units and 90-day tanks
 and containers, the survey data indicate
 that approximately 70 percent of the
 waste managed in 90-day tanks and
 containers is subsequently managed in   .
 permitted units. Thus, it can be stated
 with relative assurance that at least 30
 percent of the estimated health and
 environmental impacts for 90-day tanks
 and containers are in addition to the
 impacts for permitted units. Regardless
 of the exact magnitude of emissions
 from 90-day tanks and containers, EPA
 is convinced that if these units are
 allowed to operate without air emission
 controls, the health and environmental
 impacts would be substantial and may
 undermine the predicted benefits of
 today's proposed regulation as applied
 to permitted units.
  Impact estimates were also performed
 for small quantity generators. At small
 quantity generators, baseline annual
 emissions of organics are estimated to
 be approximately 2,000 Mg/yr, and
 annual cancer incidence is estimated to
 be approximately 0.16 case per year.
 With the use of the proposed organic
 emission controls, estimated emissions
 would be reduced to approximately 100
 Mg/yr, and cancer incidence would be
reduced to less than 0.01 case per year.
 Control cost estimates for small quantity
generators were based on the small
 quantity generator survey data which
 indicated that most affected units at
 these sites would be quiescent and thus
would require only covers to control
emissions. A small fraction of units are
nonquiescent and would be required to
install covers and control devices to
 comply with the proposed standards.
The capital costs of controlling small
 quantity generators are estimated to be
 about $13 million. Total annual costs are
estimated to be approximately $4.9
million for small quantity generators.
  Because of the large emission
potential of the 90-day tanks and
containers located at TSDF and large
quantity generators, EPA is proposing
that 90-day tanks and containers located
at TSDF and large quantity generators
be included in the air emission sources
regulated by today's proposed
standards. The EPA has decided not to
include accumulation tanks and
containers at small quantity'generators
in today's proposed regulation because
of the relatively small organic emission
potential for an estimated large number
of facilities (approximately 54,000) that
would be affected. The EPA may decide
to regulate accumulation tanks and
containers used by small quantity
generators at some future date if new
information becomes available that
suggests different impacts from those
estimated by the current evaluation.
  Another group of accumulation
containers, referred to as "satellite   .
accumulation units," is not included in
today's proposed rule. The provisions of
§ 262.34 describing satellite
accumulation allows generators to
accumulate up to 55 gallons of
hazardous waste in a container without
complying with subpart I of 40 CFR 265
if the containers are at or near the point
where waste initially accumulates, and
if the accumulation is performed under
the responsibility of the operator of the
waste generating process. Satellite
accumulation may occur over any length
of time without having to comply with
the other provisions of S 262-34 related
to 90-day tanks and containers. The
provisions related to satellite
accumulation were added as an
amendment to S 262.34 because of the
small quantities of waste involved and
the large number of sites at which
satellite accumulation may occur at
industrial facilities. The EPA believes
that the rationale for excluding satellite
accumulation from the regulations
covering 90-day tanks and containers is
equally valid for excluding them from
the requirements of today's proposal.
Thus, satellite accumulation units are
not included in the sources regulated by
today's proposed standard.
  Today's proposal would amend
subparts I and J of 40 CFR 265 to add a
requirement that 90-day tanks and
containers covered by these subparts
would also have to comply with air
emission control requirements in
subparts AA, BB, and CC. The permit-
exempt status of units complying with 40
CFR 262.34 would be maintained. The
decision to apply air emission
regulations to 90-day tanks and
containers was made after die
standards for process vents (subpart
AA) and equipment leaks (subpart BB)
were proposed. However, the rationale
that served as the basis for regulating
process vents and equipment leaks at
 TSDF is also applicable to process vents
 and equipment leaks associated with 90-
:'day tanks and containers. That is, the '
 emission mechanisms and control
 technologies are the same for process
 vents and equipment leaks at TSDF as
 they are for process vents and
 equipment leaks associated with 90-day
 tanks and containers. Consequently,
 today's rulemaking also proposes mat
 90-day tanks and containers must also
 comply with the air emission standards
 in subparts AA and BB in addition to
 subpart CC.

 K. Test Methods

  This section discusses the two test
 methods being proposed today: (1)
 Reference Method 25D' "Determination
 of the Volatile Organic Concentration of
 Waste Samples," used to determine the
 waste volatile organic concentration;
 and (2) Reference Method 25E,
 "Determination of Vapor-Phase Organic
 Concentration in Waste Samples," used
 to determine which wastes may be
 placed in tanks with covers only rather
 than tanks with covers and vented to a
 control device. The purposes of each of
 these methods and their intended uses
 are described in more detail in the
 following paragraphs.

 A. Waste Volatile Organic
 Concentration Test Method

 1. Background

  The proposed organic emission
 controls are not required to be used on
 an affected waste management unit if an
 owner or operator determines that the
 waste being managed in the unit has a
 volatile organic concentration less than
 500 ppmw. This determination may
 involve testing of wastes to determine
 volatile organic concentration. A new
 test method designated as Reference
 Method 25D, "Determination of the
 Volatile Organic Concentration of
 Waste Samples," is being proposed for
 this purpose in 40 CFR part 60,
 Appendix A. The identical test method
 would also be added to "Test Methods
 for Evaluating Solid Waste. Physical/
 Chemical Methods" (EPA Publication
 No. SW-846) as Test Method 5100.
  In seeking to identify a method for
 determining the volatile organic
 concentration of a waste, the EPA
 evaluated several candidate test
 methods. Objectives of die evaluation
 were to identify a test method whose
 results determine the volatilization
 potential of the waste, including
 retention of the volatiles in the waste
 whose results are reproducible, and that
 is relatively simple and easy to use. The
 method also needed sufficient

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  33532
Fedesal Register  /  VoL  58, No. 140 / Monday,  July 22, 1991  /  Proposed Rules
  sensitivity to detect organic
  concentrations aa low aa 100 ppmw in
  the waste.
    Methods based on separation of the
  volatile fraction from, the waste matrix
  by equilibrium headspace analyses,
  steam distillation, and nitrogen purging
  were evaluated in a laboratory program.
  Reports on method development work
  were distributed for review by the  •
  public oa February 4,1987, and April S,
  1S88. Initially, it appeared that a method
  using steam distillation would be the
  most appropriate. However, based on
  review of public comments received on
  the test method development reports
  and additional analyses, EPA selected a
  heat and nitrogen purge method for
  proposal. The proposed test method is
  based on procedures judged to yield
  good retention of volatiles during
  sample preparation. It is also judged to
  separate fewer relatively nonvolatile
  compounds from the waste samples than
  the steam distillation process, therefore
 yielding a better determination of
 volatilization potential The proposed
 test method is also easier to use than the
 steam distillation process. The waste
 volatile organic content test method
 discussion is broken into the following
 sections: (1) Sampling, (2) liquid matrix
 for sample analyses, (3) purge
 conditions, (4) analytical detectors, and
 (5) method application.
   In summary, the proposed test method
 requires representative samples to be
 taken before the waste is exposed to the
 atmosphere where volatiles can be lost
 Each, sample is transferred to a
 container holding polyethylene glycol
 (PEG) to prevent loss of volatiles. The
 samples are cooled and sent to the
 laboratory for analysis. In the
 laboratory, water is added to the PEG/
 sample mixture and that mixture is
 heated and purged with a stream of
 nitrogen [Q liters per minute at 75 *C).
 The purged gas stream is sent through
 detectors that measure the quantity of
 organic carbon and halogens removed
 from the waste. The mass of the total
 organic carbon, calculated as methane,
 and halogens, calculated as  chloride, are
 converted by calculation to a
 concentration by weight of volatile
 organics.
  Tho proposed test method would
 require the analysis of an audit sample
 obtained through the appropriate
 regulatory agency. An audit material has
 been developed in order to identify and
 quantify laboratory bias in the analysis
portion of the method. Ths audit sample
is formulated to resemble an actual
waste sample, and would be analyzed
according to the tett procedure.
  The rationale for the test method is
described below.
                      2. Sampling
                        In the proposed test method, the
                      sampling procedure is designed to
                      assure that the sample is representative
                      of the waste stream and to minimize the
                      loss of volatiles during sample
                      preparation. Representative samples are
                      obtained by using appropriate sample
                      collection procedures, which include
                      sampling as close as possible to the
                      point of generation (before the waste is
                      exposed to the atmosphere where
                      volatiles can be lost], and sampling,
                      whenever possible, from an enclosed
                      pipe.
                        The proposed method requires a static
                      mixer to be used in the sampling line to
                      reduce stratification and provide a well
                      mixed stream for sampling. However,
                      the EPA recognizes static mixers may
                      not be appropriate for some streams,
                      and mat they may not be the best way
                      to deal with stratification in some
                      streams being sampled. The EPA
                      requests comments in the use of and
                      need for static mixers or alternate
                      procedures to achieve a representative
                      sample.
                       Loss of volatiles is minimized by
                      cooling the sample, collecting it directly
                      into PEG, and Tnimmiring sample
                      transfers. Grab samples are collected
                      using pre-cooled sample containers that
                      have been completely filled with PEG
                      except for a volume equivalent to the 10
                     miUiliter sample size. When a sample is
                     collected, a sample container is opened,
                     and the sample is injected into the
                     sample container beneath the surface of
                     the PEG to muiimize exposure to the
                     atmosphere. After the sample is
                     transferred into the container, the
                     container is immediately capped and
                     cooled for transfer to the laboratory for
                     analysis. In the laboratory, the sample is
                     transferred to the purge container, and
                     water is added to the purge container.

                     3. Liquid Matrix for Sample Collection
                     and Analyses
                       The PEG and water medium was
                     selected as the liquid matrix from which
                     the volatile organics are purged after
                     considering water, dioctylphthalate
                     (DOP), DOP/water PEG, and PEG/water
                     matrices during development of the test
                     method. Use of an organic in the matrix
                     was concluded to be essential in order
                     to reduce the loss of volatilea after the
                     sample collection. Therefore, water
                     alone would not be a suitable medium.
                     Comments received from industry
                     identified several problems with the use
                     of DOP, including the potential for
                     source organics to react with DOP and
                     the overestimate of emission potential of
                     organics such as phenol (relatively
                     nonvolatile) when mixed with DOP.
  Therefore, DOP was eliminated as a
  suitable medium. The PEG and Water;
  matrix was selected over PEG alone to
  better estimate emission potential of
  certain compounds having relatively |
  high Henry's Law constants, but medium
  to low vapor pressures such as
  dichlorobenzene, napththalene, and
  tetrachloroethylene.

  4. Purge Conditions   .             ',
   For the proposed method, the sample/
 PEG/water mixture is heated to 75°C
 and purged with nitrogen (8 liters per
 minute) for 30 minutes. Ranges of purge
 rates and purge temperatures were
 investigated during method
 development. A purge gas temperature
 of 75°C and a purge gas rate of 61/min
 were selected to provide the best
 measure of emission potential because it
 is a compromise between the goal of '  •.
 purging and measuring those compounds
 that tend to volatilize over the longer
 term, and the goal of not purging and
 therefore not measuring the relatively
 non-volatile compounds.

 5. Analytical Detectors

   The proposed method produces a
 generic volatile organic concentration
 measurement without identifying the ;
 specific organic compounds present in
 the waste. Carbon and halogens have;
 been selected as the elements measured
 by analytical detectors to determine the
 organic concentration by weight The
 measurement of carbon is essential as it
 is the best indicator of the presence of
 organics. However, the measurement of
 the mass of carbon in the sample only
 provides a portion of the mass for many
 organic compounds. Therefore, selection
 of other elements for measurement was
 considered as well to provide a basis to
 estimate the true weight of the organics
 present in the waste sample. Halogens
 were selected because of their relatively
 high molecular weight aa compared to
 carbon and because of their prevalence
 (especially chlorine) in organic
 compounds widely managed in
 hazardous waste TSDF. Other elements,
 such as oxygen, nitrogen, and sulfur, are
 also candidates for measurement
 because of their presence in organic
 compounds. They have not been
 selected at this time because to do so
 would greatly increase the complexity of
 the test method without greatly
 improving the accuracy of the test
 method.

 6. Method Application

  Two bleed streams are split from the
heated purge gas stream as it leaves the
purge chamber. One bleed stream is
directed to a flame ionization detector

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                 Federal  Register / Vol. 56,  No. 140 / Monday. July 22. 1991 / Proposed Rules
                                                                      33533
 (FID), where the organic carbon is
 measured, while the other is directed to
 an electrolytic conductivity detector
 (ELCD), where halogens are measured.
 Both the FID and the ELCD results are
 integrated over the purge period and,
 coupled with the measured flow rates,
 provide a measure of the amount of total
 organic carbon and  the total halogens,
 respectively, removed from  the waste
 sample. The quantity of organic carbon,
 calculated as methane, and  the quantity
 of halogens, calculated as chloride,
 removed with the purge gas are used to
 determine the concentration of volatile
 organics in the original waste sample.
 Methane is used as the basis for
 reporting carbon in the concentration
 calculation to account for the weight of
 hydrogen and other elements typically
 present in organic compounds, but not
 detected by either the FID or ELCD.
 Chloride was selected as the basis for
 reporting halogens in the concentration
 calculation because it is the prevalent
 halogen present in wastes.

 B. Waste Vapor-Phase Organic
 Concentration Test Method
  Today's proposal allows certain tanks
 used for quiescent waste management
 processes to use only a cover provided
 that .the tank volume is less than a
 specified size, or, if the volume is larger
 than the specified size, the owner or
 operator determines that the wastes
 managed in the tank have an organic
 vapor pressure less than a specified
 pressure. The determination of waste
 organic vapor pressure requires testing
 of the waste to be managed in the tank
 to measure the waste vapor-phase
 organic concentration. A test method for
 this purpose, designated as Reference
 Method 25E, "Determination of Vapor-
 Phase Organic Concentration in Waste
 Samples," is being proposed today for
 addition to 40 CFR part 60 appendix A.
 An identical test method would also be
 added to 'Test Methods for Evaluating
 Solid Waste, Physical/Chemical
 Methods" (EPA Publication No. SW-
 846) as Test Method 5110. Several
 alternative methods would also be
 acceptable including methods described
 in American Petroleum Institute Bulletin
 2517, "Evaporation Loss From External
Floating Roof Tanks: ASTM Method
D2879-83" as modified for use with this
proposed rule.
  The EPA considered several
candidate methods to measure the
vapor-phase organic concentration of
the waste or waste organic vapor
pressure. The objectives of the selection
process were to identify a test method
that is related to the volatilization
potential of the waste, that gives results
that are reproducible, that is relatively
 simple, and is easy to use. In this case,
 i.e., the matter of exception from the
.. requirement for a control device on a
 covered tank, the volatilization potential
 and hence the emission potential of the
 waste in the covered tank is related to
 the vapor-phase organic concentration
 or waste organic vapor pressure.
   Several candidate organic vapor
 pressure methods considered are used
 for other tanks storing volatile organic
 and petroleum liquids in the synthetic
 organic chemical manufacturing
 industry (SOCMI) and the petroleum
 refining industry. Those other tanks are
 presently regulated under the Clean Air
 Act (40 CFR 60 Subparts Ka and Kb).
 These methods are: (1) A method
 described in American Petroleum
 Institute Bulletin 2517, "Evaporation
 Loss From External Floating Roof  .
 Tanks," and (2) ASTM Method D2879-83
 (modified for use with this proposed
 rule). Many of the wastes that would be
 regulated by today's proposed rule have
 significant aqueous fractions, and water
 vapor from the aqueous fraction
 interferes with (adds to) the direct
 measurement of waste vapor pressure.
 The direct vapor pressure measurement
 methods would, therefore, tend to
 produce higher vapor pressure results
 than only measuring the vapor pressure
 of the waste's organic fraction. The
 direct pressure measurement methods
 could be satisfactorily applied  to those
 wastes that are predominantly non-
 aqueous, however.
   In considering the ASTM Method
 D2879-83 direct vapor pressure
 measurement method for use with
 today's proposed rule, the EPA believes
 that it is necessary to modify the method
 to eliminate the procedure that allows
 the sample to be degassed by reducing
 the system pressure and heating the
 liquid prior to the vapor pressure
 measurement The concern is that the
 degassing step may drive off the
 compounds whose vapor pressure  the  '
 method is intended to measure,
 especially for wastes with relatively low
 concentrations of volatile organics. The
 EPA is interested in receiving comments
 from the public on this matter;^The
 above candidate vapor pressure
 measurement methods may be used.by
 the owner or operator at their discretion,
 but are not recommended for
 determining aqueous waste organic
 vapor pressure because of positive bias
 introduced by water vapor.
   The approach used in the proposed
 test method is to collect a waste sample
 at the tank inlet in a headspace sample
 vial and transfer the vial to a balanced
 pressure headspace sampler, which
 pressurizes the sample vial and injects a
 vapor sample into the FID for analysis
..of organic carbon. In the proposed test .
 method, the sampling procedure to
 obtain representative samples and
 prevent loss of volatiles is much the
 same as described above for Reference
 Method25D.
   Helium is used to pressurize the
 sample vial, and the pressure is released
 to transfer a headspace sample directly
 into the FID's gas sample loop. The
 headspace sample is injected directly
 into the FID from the sample loop, and
 the FED response is used to measure the
 concentration of organic carbon in the
 vapor sample as propane. This vapor-
 phase organic concentration (expressed
 as propane) is then converted, by a
 calculation given hi the method, to
 waste organic vapor pressure.
   To calculate organic waste vapor
 pressure from the measurement of
 carbon, it is necessary to  assume the
 number of carbon atoms associated with
 each mole of gas in the vapor-phase.   .
 The selection of propane as the  '
 compound for the basis of the vapor
 pressure calculation was made after
 studying a list of 53 organic compounds
 with vapor pressures in excess of 1.3
 kPa that are found in waste. A study of
 the compound list showed that the
 arithmetic average number of carbon
 atoms in the compounds was 2.8. Thus,
 propane with three carbon atoms was
 designated as the compound basis for
 the conversion calculation. Hie effect of
 using propane as the basis is to
 overestimate the organic vapor pressure
 if the compounds in the vapor-phase are
mostly Ct  or higher compounds, and to
 underestimate the organic vapor
pressure if the vapor-phase compounds
 are predominantly Cz or Ci compounds.
 Of die 53 compounds studied, 39 had
three or fewer carbon atoms. The EPA is
interested in receiving comments from
the public on the proposed method, and
particularly the selection of propane as
the basis for the vapor pressure
calculation.
X. Implementation
A. Implementation of Rules at Permitted
TSDF
1. Background
  New RCRA standards (such as
today's proposal) typically apply to
interim status facilities on the effective
date of the standards. In the case of
permitted facilities, however, new
standards generally do not apply until
the facilities' permits are modified or
renewed. This practice is often referred
to as the "permit-as-a-shield." Under the
current RCRA permitting system, a
facility that has received a final permit

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  33534
Federal Register /  Vol.  56, No.  140 / Monday,  July 22, 1991 / Proposed Rules
  must comply with all of the following
  requirements as specified in 40 CFR
  270.4: (1) The specific conditions written
  into the permit (including conditions
  that demonstrate compliance with Part
  264 regulations): (2) self-implementing
  statutory requirements; and (3)
  regulations promulgated under 40 CFR
  Part 288 restricting the placement of
  hazardous waste in or  on the land.
  When new regulations are promulgated
  after the issuance of a permit, EPA may
  reopen tha permit to incorporate the
  new requirements as stated in § 270.41.
  Otherwise, the new regulatory
  requirements are incorporated into a
  facility's permit at the time of permit
  reissuance, or at the five year review for
  land disposal facilities.
   Although EPA has the authority to
 reopen permits to incorporate the
 requirements of new standards, EPA is
 concerned about the resource burdens of
 this approach. To reopen permits for
 each new regulation at the time it is
 promulgated would impose a large
 administrative burden on both EPA and
 the regulated community as each permit
 modification would generally require the
 same administrative-procedures as are
 required for initial permits (e.g.,
 development of a draft permit, public
 notice, and opportunity for public
 hearing). As * consequence, the
 requirements of new standards are
 usually incorporated into a permit when
 it is renewed.
  In today's rale, EPA is proposing to
 remove the permit-as-a-shield provision
 as it applies to control of afar emissions
 under RCRA Section 3004{n).Thus, the
 proposal to remove the permit-as-a-
 shleld provision would affect the
 implementation of the standards
 proposed today for organic emissions
 from tanks, surface impoundments, and
 containers, and. the air emission
 standards recently promulgated for vent
 and equipment leak emissions (55 FR
 25454). This is the first major group of
 air emission standards to be developed
 under RCRA (excluding incinerator
 standards). Accordingly, with the
 development of these standards EPA
 evaluated the need to implement the
TSDF air standards at permitted
facilities more quickly than would be
done tmder tha current regulatory
policy. In this evaluation, a variety of
factors w»s considered,  including the
extent of the-environmental and health
impacts of TSDF  emissions.
Congressional intent, and ease of
implementation. These factors are
discussed belovr. •
                      2. Extent of Health and Environmental
                      Impacts
                        As discussed in Section V, baseline
                      excess cancer incidences resulting from
                      nationwide TSDF organic emissions are
                      estimated to be 140 cases per year and
                      the maximum individual risk (MIR) is
                      approximately 2xlO~*. In addition,
                      organic emissions from TSDF account
                      for more than 10 percent of total
                      nationwide organic emissions from
                      stationary sources and thus contribute
                      significantly to the formation of
                      atmospheric ozone. These health and
                      environmental impacts are very high
                      relative to the impacts of releases from
                      other sources regulated under RCRA
                      and the Clean Air Act.
                       If the TSDF air emission standards
                      were not applied to permitted facilities
                      until their permits were renewed (i.e.,
                      delay application of new regulations), a
                      substantial portion of the emission and
                      impacts reduction of the standards
                      could be delayed. It is estimated that
                      about 800 of the approximately 5,700
                      existing faculties would have obtained
                      final permits prior to the promulgation of
                      the rule covering process vents and
                      equipment leaks. It is also estimated
                      that a considerable number of the
                      remaining facilities are likely to be
                      permitted prior to promulgation of
                      today's proposed standards for tanks,
                      surface impoundments, and containers.
                      Once issued, a permit has a term of 5 to
                      10 years. Therefore, to implement the air
                      emission standards under current
                      regulatory policy may cause a
                      significant delay in achieving the
                      benefits of the air emission standards.  .
                      3. Congressional Intent
                       The air emission standards being
                     proposed today and the air emission
                     standards promulgated for TSDF  •
                     process vents and equipment leaks are
                     authorized by section 3004(n} of RCRA.
                     This section is part of the Hazardous
                     and Solid Waste Amendments (HSWA)
                     which were signed into law on
                     November 8,1984.. Congress intended for
                     requirement* under HSWA to be
                     implemented promptly. This is indicated
                     by the fact that it was specified that
                     requirements contained in the
                     amendments were immediately
                     applicable in all States, whether or not
                     the State was authorized to administer
                     its own hazardous waste program, in
                     addition. Congress established minimum
                     technology requirements in the
                     amendments for major sources of
                     potential environmental releases at
                     facilities. These requirements, such as
                     the requirement that surface
                     impoundments be retrofitted with
                     double liners and leachate collection
  systems, and the banning of land
•  .disposal of certain wastes, were applied
  independent of the permitting system.
  These provisions provide further
  evidence that Congress intended that
  important HSWA provisions should go
  into effect immediately.

.  4. Ease of Implementation

   The requirements of the standards
  proposed today for tanks, surface
  impoundments, and containers are
  straightforward; that is, the rule is
  specific as to who must apply controls
  and what those controls must.be. The
  same is true for the standards
  promulgated for process vents and
  equipment leaks. For both rules, the
  owner or. operator can make a direct  ..
  measurement or calculation and
  compare the results against an action'
  level in the standards to determine if
  controls are required on an emission
  source. If controls are required, the
  standards include specifications for
  equipment applied to suppress
  emissions (e.g., covers), performance
  criteria for control devices, and in the
  case of equipment leaks, the details of
  the leak detection and repair program
  that must be implemented. The
  standards for TSDF air emissions can
  therefore be described as "self-
  implementing" hi that they can be
  directly implemented by TSDF without
 interpretation or intervention by the
 permitting authority. Also, EPA has  ]
 previously been successful in applying
 the controls required by the TSDF air
 standards to  similar emission sources in
 the chemical and petroleum industries
 under the Clean Air Act. This
 experience confirms that ah* standards
 of the  type being proposed today can be
 applied directly by facilities without
 prior permitting review.
   In summary, the results of EPA's
 impact analysis establish TSDF as a
 major  source of organic emissions and
 health risk. Further, because the
 standards proposed and promulgated by
 EPA under RCRA Section 3004(n) are
 the first major group of standards to
 address air emissions from TSDF under
 the HSWA provisions, it would be
 consistent with Congressional intent to
 make the rules effective as soon as
 possible. Finally, because the rules  are
 self implementing, they can be
 implemented by facilities without prior
intervention by the permitting authority.
Based on these considerations, EPA has
concluded that the substantive control
requirements  of the air emission.
standards should apply and be enforced
at all TSDF as soon as possible and,
consequently, that the standards should

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                  Federal Register / Vol. 56,  No. 140 /Monday. July 22. 1991 / Proposed Rules
                                                                       33535
  not be implemented under the permit-as-
  a-shield policy..
    One option for expediting
  implementation of the air emission
  standards at permitted facilities would
  be for EPA to exercise its authority to
  reopen permits specifically to inclnde
  the requirements of these standards. As
  noted earlier, however, this would
  involve a lengthy administrative process
  and impose a potentially large burden
  on permitting agencies and the regulated
  community. (Many permits may have
  just been issued.) Furthermore, even
  with a significant commitment to make
  the necessary permit modifications, this
  process would likely take years to
  complete Thus, the EPA is not
  proposing to pursue this option.
   An alternative option would be to
 apply the air emission control
 requirements for interim status facilities
 directly to permitted facilities. Under
 this option, facilities with permits as of
 the effective date of the standards
 would be required to comply with the
 air emission standards promulgated for
 interim status facilities until their
 permits are renewed, at which time the
 air standards would be incorporated
 into the permits. Because it would
 accomplish the objective of requiring air
 emission controls at permitted facilities
 on the effective date of the standards
 without the administrative burden
 associated with reopening permits, EPA
 selected  this option for proposal.
  The EPA is proposing the following
 regulatory actions that would make the
 air emission standards applicable to all
 facilities (including those that have
 submitted part A or part B permit
 applications and those that have
 received permits), on the effective date:
  (1) Standards for tanks,.surface
impoundments, and containers be added
as subpart CC t»40 CFR part 265. These
standards would be immediately
applicable to interim status facilities
  upon the effective date (6 months after
  the promulgation date).
    (2) Standards for tanks, surface
  •impoundments, and containers be added
  as Subpart CC for 40 CFR part 264. Each
  RCRA permit issued after the effective
  date must include permit conditions  .
  necessary to achieve compliance with
  these standards.
    (a) Section 270.4 of the RCRA
  permitting regulations be amended to
  require that facilities that have obtained
.  final permits prior to the effective date
  (6 months after promulgation) comply
  with the tank* surface impoundment,
  and container standards for interim
  status facilities (i.e., 40 CFR 265 subpart
  CC) until the facility's permit is
  reviewed or reissued. Furthermore, this
  amendment would require the
 promulgated standards for TSDF
 process vents (40 CFR 265 subpart AAJ
 and equipment leaks (40 CFR 265
 subpart BB) apply to these facilities.
 This amendment would eliminate the
 permit-as-a-shield for the air emission
 standards, but would not require that
 permits be reopened.
   These actions, if adopted, would mean
 that the ah- rules promulgated under
 RCRA section 3004(n) would be
 applicable to all facilities as of the
 effective, date of the standards finally
 promulgated. More details on the
 implementation schedule for the
 standards proposed today and the
 standards promulgated for vents and
 equipment leaks are presented later in
 this section.

 5. Proposed Standards for TSDF Tanks.
 Surface Impoundments, and Containers
  Under the approach discussed above,
 the standards proposed today for tanks,
 surface impoundments, and containers
would be implemented on the following
schedule for existing TSDFa including
pennittedfaeilities:
  (It 180 days; following promulgation.
the standards become effective; all
  facilities become subject to the new
  standards;.                •  .   ••
  '  (2) On the effective date of the
  standards, each facility that does not
  have the controls required by the
  standards in place must have one of the
  following in the facility's operating
 ' record: an implementation schedule
  indicating when the controls will be
  installed, or their waste determination
  that indicates that controls are not
  required.
    (3) No later than 18 months following
  the effective date (2 years following
  promulgation), the controls required by
  me standards must be installed at all
  facilities where they apply.
   All permits issued after the effective
  date must incorporate the appropriate
  standards.
   Interim status facility owners and
  operators who have submitted their part
 B permit applications who have not
 received then- final permit as of the
 effective date of the standards would be
 required to modify then- part B permit
 applications to incorporate the
 requirements of the final rule in 40 CFR
 parts 264 and 270.
  The implementation schedule for
 permitted and interim status facilities is
 shown in Figure 1. Interim status facility
 owners and operators who have
 submitted part B applications but have
 not received then- final permits as of the
 effective date of the standards would be
 required to modify their part B
 applications to incorporate the part 264
 and 270 requirements of the final role.
 No specific time period for submittal of
 the revised part B has been selected yet.
 However, four possible time period
 options are being considered by EPA as
 described below. The EPA requests
 comments-on these options for when
part B application information should be
submitted.
BtUJNG CODE 6S60-60-M

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                 Figure 1.  Air Standards for Tanks, Surface Impoundments and Containers:
               Implementation Schedule for Existing TSDFs With Permits or in Interim Status
    Facilities that have received permits
    prior to effective date
           On effective due, facilities
        become subject to air standard*
             in 40 CFR Part 265
      By effective date, each facility miut
        have done one of the following:

        « Controls must be totalled
           on an affected unit*; or

        • An implementation schedule
           showing wheo controls will be
           installed (no later than 2 yr»
           following promulgation) must
           be entered into the facility's
           operating record; or
        • Waste determinations must
           be completed showing mat
           controls are not required.
                                                        PROMULGATION DATE
                                                 SIX MONTHS FROM PROMULGATION •
                                                  EFFECTIVE DATE OF STANDARDS
                                                                                             PartB submitted but final permit
                                                                                             not issued as of effective date
                                                                                              On effective date, facilities
                                                                                           become subject to air standards
                                                                                                in 40 CFR Part 265
                                                                                         By effective date, each facility must
                                                                                           have done one of the following:

                                                                                           .• Controls must be installed
                                                                                             on afl affected units; or

                                                                                           • An implementation schedule
                                                                                             showing when controls will be
                                                                                             installed (no later than 2 yrs
                                                                                             following promulgation) must
                                                                                             be entered into the facility's
                                                                                             operating record; or
                                                                                           • Waste determinations must
                                                                                             be completed showing that
                                                                                             controls are not required.
c
At permit reissuance/review
revise Put B application to
include Part 264 air standards
c
 Revise Part B application to
include Part 264 air standards
        and resubmit	
         On date permit is reissued,
         facility becomes subject to
           air standards in Part 264
                                                                                             On date permit is issued,
                                                                                            facility becomes subject to
                                                                                              airrtandards in Part 264

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                  Federal Register f Vol. 56, No. 140  / Monday, fnfr 22. 1991  /  Proposed Rules           3353V
    The first option would establish no
  specific deadline for modification of part
  Bl Under this option, EPA would request
  the information under § 270.10(eX4) of
  the regulations on a case-by-case basis.
  Once EPA requests it, the owner or
  operator would then have 6 months to
  submit the information or the permit
  could be denied.
    The second option would be to
  establish a nationwide deadline hi the
  rule requiring submittal of a revised part
  B within 3 months after publication of
  the notice of final rulemaking. Under
  this option, owners and operators whose
  permits were then issued before the
  effective date of the rule would have
  unnecessarily submitted their
  information since their permit would not
  be required to contain air emission
  standards (according to the permitting
  scheme being permitted today).
   The third option would require
  submittal of part B by the effective date
  of the rule, that is, within 6 months after
  publication of the notice of final
 rulemaking. While this option would
 create some uncertainty for persons who
 were anticipating permit issuance in the
 period before the effective date as to
 whether they had to submit their part B,
 it would allow for prompt issuance of
 permits after the effective date.
 Historically, facility owners and
 operators are allowed up to 6 months to
 develop part B information when a
 facility or unit becomes subject to new
 requirements.
   The fourth option would establish a
 national deadline 3 months after the
 effective date for submittal of part B.
 Although this option would eliminate
 the uncertainty inherent in the second
 and third options as to which permits
 will need to contain permit conditions
 for the air emission standards, it could
 delay by 3 months permit issuance hi
 some cases.
  Newly constructed TSDF are required
 to submit part A and part B permit
 applications, and to receive a final
 permit prior to construction as required
 by § 270.10. Following the effective date
 of the standards proposed today, a part
 B application for a new facility must be
 in compliance with the standards as
 contained in 40 CFR part 284, if
 applicable. Therefore, all controls
 required by the standards would have to
 be in place and operating upon startup.
  Similarly, new waste management
units added to existing facilities would
have to be equipped with the required
controls prior to startup. For a new unit
added to an existing permitted facility, a
permit modification would be necessary.
Where a new unit is added to a facility
in interim status, the owner or operator
must submit a revised part A application
  (§ 270.72(cJ) including an explanation of
  the need for the new unit, and then
  receive approval from the permitting
  authority.
    The EPA considered allowing up to 18
  months past the effective date of the
  standards for new facilities to complete
  the installation of air emission controls
  (as is allowed in the proposal for
  existing facilities). This was rejected,
  however, for two reasons. First, with
  today's proposal, owners or operators
 • considering the construction of new
  faculties are put on notice that controls
  for air emissions will be required in the
  future, and therefore have ample time to
  include air emission controls in the
  design of new faculties. Secondly, with
  the opportunity to include air emission
  controls in the design of new facilities, •
  design and construction should be easier
  than for existing facilities that have to
  be retrofitted with controls.
   An existing solid waste management
  unit (or facility) may become a
  hazardous waste management unit (or
  facility) requiring a RCRA permit when
  a waste becomes newly listed or
  identified as hazardous. Owners and
  operators of facilities not previously
 requiring a RCRA permit who have
 existing units handling newly listed or
. identified hazardous waste can submit a
 part A application and gain interim
 status. Under the proposed
 implementation approach, the air
 emission standards proposed today
 would be implemented at these facilities
 on the following schedule:
   (1) 180 days following the date the
 managed waste is listed or identified as
 hazardous, the standards become
 effective; faculties become subject to the
 standards.
   (2) On the effective date of the
 standards, each facility that does not
 have the controls required by the
 standards hi place must have one of the
 following in the facility's operating
 record: (1) an implementation schedule
 indicating when the controls will be
 installed, or (2) then- waste
 determination that indicates that
 controls are not required.
   (3) No later than 18 months following
 the effective date the controls required
 by the standards must be installed at all
 faculties.

 6. Omnibus Permitting Authority
  The permitting authority cited by
 section 3005 of RCRA and codified in
 S 270.32 states that permits issued under
 this section ". . . shall contain such
 terms and conditions as the
Administrator or State Director
determines necessary to protect human
health and the environment" This
section, in effect, allows permit writers
  to require, on a case-by-case basis,
  emission controls that are more
  stringent than those specified by a
  standard. This omnibus authority could
  be used in situations where, in the
  permit writer's judgment, there is an
  unacceptably high residual risk after
  application of controls required by an
  air emission standard.
   As previously stated hi Section n, the
  approach that EPA is using for today's
  proposed regulatory action is based on
  first controlling TSDF organic emissions
  as a class and to follow this; if
  necessary, with another phase of
  regulations to further reduce the risk
  from air emissions. During the interim,
  permit writers could use their omnibus
  permitting authority to require air
  emission controls similar to those
  proposed today or more stringent' •
  controls at TSDF where a high residual
  risk remains after implementation of
  today's proposed air emission
  standards.
   The EPA is currently preparing a
 guidance document to be used by permit
 writers to help identify faculties that
 would potentially have high residual
 risk. The guidance document will
 include step by step procedures to be
 used to identify potentially high risk
 facilities and will include detailed
 guidance for making a formal, site-
 specific risk assessment Methods for
 providing additional emissions control
 at faculties identified as having high
 residual risk after implementation of the
 standards for organic air emissions
 would also be included and will cover
 both work practice controls and
 technological controls. Detailed
 examples of both risk assessments and
 the provision of additional emissions
 control will be included in the guidance.
 Checklists will be included to assist
 permit writers to assure that all
 appropriate actions are taken.

 7. Final Standards for TSDF Process
 Vents and Equipment Leaks
   The only impact of today's proposal to
 eliminate the permit-as-a-shield as
 applied to the promulgated standards
 for vents and equipment leaks is on
 faculties that will have obtained permits
 by the effective date of these standards.
 Under the 5 270.4 requirements, these
 faculties would not be subject to the
 standards until their permits were
 modified or reissued. Under today's
 proposal, the implementation schedule
 for these faculties would be as follows:
  (1) 180 days following promulgation of
 the standards proposed today, these
facilities become subject to the
 standards'for vents and equipment
leaks; compliance with the standards for

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33538          Federal Register / Vol. 56, No. 140 / Monday, July 22, 1991 / Proposed Rules
equipment leaks is required by this date.     (2) No later than 18 months following      The implementation schedule for the
Each facility that does not have control    the effective date of the standards     •    TSDF process vent and equipment leak
devices required by the standards in-      proposed today (2 years following         standards at these facilities is shown in
place must have an implementation   -    promulgation), any control devices         Figure 2.
schedule in the facility's operating        required by the standards for vents and    BILLIHO CODE esao-so-n
record indicating when the controls will   equipment leaks must be installed at
be Installed.                            these facilities.             "   •

-------
                      Figure 2. Air Standards for Process Vents and Equipment Leaks:
                  Implementation Schedule for Existing Facilities with Permits as of (date)
                                        PROMULGATION DATE OF AIR STANDARDS FOR
                                     TANKS, SURFACE IMPOUNDMENTS. AND CONTAINERS
    Standards for Vent Emissions
                                            SK MONTHS FROM PROMULGATION -
                                          Facilities previously shielded from process venl
                                          «nd equipment leak standards become subject
                                             to these standards in 40 CFR Part 265
  Within 180 days of promulgation, each
fadliiy must have done one of the following:

  • Controls muit be totalled to reduce
     total vent emissions by 95 percent; or

  9 Aoimplementaticascaei^ showing
    when controU wffl be installed (not
    later than 2 yn following promulgation)
    mutt be entered into the facility's
    operating recoid; or

 • A facility must be able to show dial the
    facility's total vent emissions are
    below the action level of the standaids.
                                        x
At permit reissuance/review
revise Put B application to
include Part 264 ak standaids
                                                On date permit is reissued,
                                                facility becomes subject to
                                                  air standards in Part 264
                                                                                          Standards for Equipment Leaks
                                                                                                         1
                                           Within 180 days of promulgation, each
                                         facility must have done one of the following:

                                           • A leak detection and repair program
                                              (as described m the standards) must
                                              be implemented; or

                                           • A facility must be able to show that the
                                              percentage of organics in the wastes
                                              handled by the facility is below (he
                                              action level of the standaids.
                                                                                                                                       3?
                                                                                                                                       B.

g
|
I

                                                                                                                                     I
                                                                                                                                     g
                                                                                                                                     (0
                                                                                                                                     ex
                                                                                                                                     (O

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  33540
Federal Register / Vol.  56, No. 140 / Monday, July 22, 1991  / Proposed Rules
 B. Applicability of Rules in Authorized
 States
   Under section 3006 of RCRA, EPA
 may authorize qualified States to
 administer and enforce the RCRA
 program within the State (see 40 CFR
 part 271 for the standards and
 requirements for authorization).
 Following authorization, EPA retains
 enforcement authority under sections
 3008,7003, and 3013 of RCRA, as well as
 inspection authority under Section 3007,
 although authorized States have primary
 enforcement responsibility.
   Prior to the HSWA, a State with final
 authority administered its hazardous
 waste program entirely in lieu of EPA
 administering the Federal program in
 that State. The Federal requirements no
 longer applied in the authorized State,
 and EPA could not issue permits for
 facilities in that State. When new, more
 stringent Federal requirements were
 promulgated or enacted, the State was
 obligated to enact equivalent
 requirements within specified time
 frames. New Federal requirements did
 not take effect as Federal law in an
 authorized State until the State adopted
 the requirements as State law and was
 authorized for the requirements.
   In contrast, under section 3006{g}(l) of
 RCRA, 42 U.S.C. 6928(g), new
 requirement* and prohibitions imposed
 by the HSWA take effect in authorized
 States at the same tfmg they take effect
 in nonauthorized States. The EPA is
 directed to carry out those requirements
 and prohibitions in authorized States,
 including the issuance of permits, until
 the State is granted authority to do so.
 While States must still adopt HSWA-
 related provisions as State law to retain
 final authorization, the HSWA
 requirements apply in authorized States
 in the interim.
   Today's rule is proposed pursuant to
 section S004(n) of RCRA, a provision
 added by HSWA. Therefore, the Agency
 is proposing to add the requirements to
 Table 1 in § 271.10), which identifies the
 Federal program requirements that are
 promulgated pursuant to the HSWA and
 that take effect in all States, regardless
 of their authorization status. In
 particular, EPA is considering including
 the portion of today's proposal related
 to 90-day tanks and containers as part
 of the HSWA rules. The HSWA added
 section 3004(n), which provides that
 EPA must "promulgate such regulations  -
 for monitoring and control of air
 emissions at hazardous waste treatment,
 storage, and disposal facilities,... as
may be necessary to protect human
health and the environment." Based on
EPA's analysis of the possibility for,
release of organics before waste reaches
                      a TSDF, EPA believes mat controls on
                      tanks and containers at generator
                      facilities should be considered as
                      necessary regulations for effective
                      control of air emissions at TSDF.
                      Therefore, EPA seeks comment on the
                      concept of including the controls at
                      generator sites in the provisions that
                      EPA will implement directly in
                      authorized States. The EPA may select
                      this approach in the final rule.

                      d. Effect on State Authorizations
                        The EPA will implement today's rule
                      when finalized in authorized States until
                      either: (1) They modify their programs to
                      adopt these rules  and receive final
                      authorization for the modification, or (2)
                      they receive interim authorization as
                      described below. Because the standards
                      are proposed pursuant to the HSWA, a
                      State submitting a program modification
                      may apply to receive either interim or
                      final authorization under section
                      3006(g)[2) or 3006(b), respectively, on the
                      basis of requirements that are
                      substantially equivalent or equivalent to
                      EPA's. The procedures and schedule for
                      State program modifications for either
                      interim or final authorization are
                      described in 40 CFR 271.21. It should be
                      noted that all HSWA interim
                      authorizations will expire automatically
                      on January 1,1993 (see 40 CFR
                      271.24(c)). The EPA invites comment on
                      whether EPA should, in the final rule,
                      modify 5 271.24(c) to extend this
                      deadline.
                       Specifications in 40 CFR 271.21(e)(2)
                      require that States having final
                      authorization must modify their
                      programs to reflect Federal program
                      changes, and subsequently must submit
                      the modifications to EPA lor approval.
                      The deadline by which States must
                      modify their programs to adopt this
                      proposed regulation will be determined
                      by the date of promulgation of the final
                      rule, in accordance with 40 CFR
                      271.21(e)f2}. This deadline can be
                      extended in certain cases (40. CFR
                      271.21{eX3)}. Once EPA approves the
                     modification, the State requirements
                      become subtitle C RCRA requirements.
                       A State that submits its official
                     application for final authorization less
                     than 12 months after the effective date
                     of these standards is not required to
                      include standards  equivalent to these
                      standards in its application. However,
                      the State must modify its program by the
                      deadlines set forth in 40 CFR 271.21(e).
                     States that submit official applications
                     for final authorization 12 months  after
                     the effective date of these standards
                     must include standards equivalent to
                     these standards in then- applications.
                     The 40 CFR 271.3 sets forth the
                     requirements a State must meet when
 submitting its final authorization
 application.  '•       .       .''••"••
   States with authorized RCRA
 programs may already have
 requirements similar to those in today's
 proposed rule. Such State regulations
 have not been assessed against the
 Federal regulations being proposed
 today to determine whether they meet
 the tests for authorization. Thus, a State
 is not authorized to implement these
 requirements as RCRA requirements
 until the State program modification is
 assessed against Federal requirements
 and approved. Of course, States with
 existing standards may continue to
 administer and enforce their standards
 as a matter of State law. In
 implementing the Federal program, EPA
 will work with States under cooperative
 agreements to minimize duplication 'of
 efforts. In many cases, EPA will be able
 to defer to the States hi their efforts to
 implement their programs, rather than
 take separate actions under Federal
 authority.

 XL Administrative Requirements

 A. Public Hearing

  If requested, EPA will hold a public
 hearing on August 20,1991 (Julia
 Stevens, FTS 629-5578). The hearing will
 be held at EPA's Office of
 Administration Auditorium, Research
 Triangle Park, North Carolina, beginning
 at 10:00 a jn. Anyone wishing to make a
 statement at the hearing should notify
 Julia Stevens, Standards Development
 Branch (MD-13), US. Environmental
 Protection Agency, Research Triangle
 Park, NC, 27711, telephone (919) 541-
 5578, by August 9,1991.
  Oral and written statements may be
 submitted at the public hearing. Persons
 who wish to make oral presentations
 must restrict them to 15 minutes and'are
 encouraged to have written copies of
 then* complete comments for inclusion in
 the public record.

R Docket

  The docket for this rulemaking is
available for public inspection at the
RCRA Docket Office (OS-305) in room
2427 of the U.S. Environmental
Protection Agency, 401M Street SW.,
Washington, DC 20460. The docket room
is open from 9 a.m. to 4 p.m., Monday
through Friday, except for Federal
holidays. The public must make an
appointment to review docket materials
and should call the docket at (202) 475-
9327 for appointments. The public may
copy a maximum of 100 pages of
material from any one regulatory docket
at no cost Additional copies cost $0.15/
page. The docket number is F-81-CESP-

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                  Federal Register / Vol. 58, No. 140  /  Monday, July 22, 1991 / Proposed Rules
                                                                      33541
  FFFFF. The docket contains a copy of all
  references cited in the Background
  Information Document for the proposed
  rules, as well as other relevant reports
  and correspondence. A docket index is
  available for review at the docket office.

  C. External Participation
   Development of the basic background
  information for these proposed
  standards included consultation with
  appropriate advisory committees,
  independent experts, and Federal
  departments and agencies. The EPA will
  welcome comments on all aspects of the
  proposed regulation, including economic
  and technological issues.

 D. Office of Management and Budget
 Reviews

 1. Paperwork Reduction Act
   The information collection
 requirements in this proposed rule have
 been submitted for approval to the
 Office of Management and Budget
 (OMB) under the Paperwork Reduction
 Act, 44 U.S.C. 3501 et seq. An
 Information Collection Request
 document has been prepared by EPA
 (ICR No. 1593.01), and a copy may be
 obtained from Ms.  Sandy Farmer, -
 Information Policy Branch (PM-223),
 U.S. EPA, 401M Street, SW.,
 Washington, DC 20460 or by calling
 (202)382-2740.
  Public reporting burden for this
 collection of information is estimated to
 average 58 hours per respondent per
 year, includingiime for reviewing
 instructions, searching existing data
 sources, gathering and maintaining the
 data needed, and completing and
 reviewing the collection of information.
  Send comments regarding the burden
 estimate or any other aspect of this
 collection of information, including
 suggestions for reducing this burden, to
 Chief, Information Policy Branch, PM-
 223, U.S. Environmental Protection
 Agency, 401M Street SW., Washington,
 DC 20460; and to the Office of
 Information and Regulatory Affairs,
 Office of Management and Budget,
 Washington, DC 20503, marked
 "Attention: Desk Officer for EPA."
  The final rule will respond to any
 OMB or public comments on the
 information collection requirements
 contained in this proposal.

 2. Executive Order 12291 Review
  Executive Order No. 12291 requires
 each Federal agency to determine if a
 regulation is a "major" rule as defined
by the order aud "to the extent
permitted by law," to prepare and
 conside a Regulatory Impact Analysis
 (RIA) in connection with every major
  rule. Major rules are defined as those
  likely to result in:
..   1. An annual cost to the economy of
     $100 million or more; or
    2. A major increase hi costs or prices
     for consumers or individual
     industries; or
    3. Significant adverse effects on
     competition, employment,
     investment, productivity,
     innovation, or international trade.
    The EPA has judged the proposed
  Hazardous Wastes TSDF air emission
  standards for organics control to be a
  major rule based on estimated national
  control costs (i.e., annualized costs in
  excess of $100 million). The EPA has
  prepared a draft RIA that includes
  estimates of costs, benefits, and net
  benefits associated with five alternative
  control options. The draft analysis, titled
  Hazardous Waste TSDF—Regulatory
  Impact Analysis for Proposed RCRA Air
  Emission Standards, is available hi the
  docket
   The RIA results indicate that all
  control options examined would
  increase the unit cost of hazardous
 waste management services by less than
 1 percent The results also indicate a
 decrease in the number of jobs at TSDF
 but the decrease is so small that
 employment dislocations would
 probably be few, if any. Efforts
 undertaken by waste generators to
 minimize the quantity of hazardous
 waste in response to the waste
 management service price increase,
 could, hi the aggregate, imply facility
 closures; however, it appears likely that
 the reductions will be distributed across
 all facilities and that the number of
 closures, if any, will be nominal.
  Unit cost increases for storage-only
 facilities are substantial for several
 industry sectors and options when
 viewed as a share of hazardous waste
 management costs. However, storage
 facility closures also appear unlikely.
  At generator sites that operate 90-day
 tanks and containers, the economic
 analysis indicated that the prices of
 goods and services could rise slightly
 because of the costs to the generators to
 comply with the proposed standards.
 The impact of the proposed standards
 on  the volume of wastes stored and the
 number of jobs are estimated to be
 negligible, and employment dislocations
 and plant closures are unlikely.
  The draft RIA has been submitted to
 OMB for review under Executive Order
 12291. Written comments from OMB and
 any written EPA response to these
 comments are available for public
 inspection at the docket office cited
 above. A final RIA will be issued at the
 time of promulgation of the final
 rulemaking.                .

 3. Regulatory Flexibility Act

   Under the Regulatory Flexibility Act,
 whenever an Agency publishes any
 proposed or final rule in the Federal
 Register, it must prepare a Regulatory
 Flexibility Analysis (RFA) that
 describes the impact of the rule on sma!'
 entities (i.e., small businesses,
 organizations, and governmental
 jurisdictions). That analysis is not
 necessary, however, if an agency's
 administrator certifies that the rule will
 not have a significant economic impact
 on a substantial number of small
 entities.
   The EPA has established guidelines
 for determining whether an RFA is
 required to accompany a rulemaking
 package. The guidelines state the
 criteria for determining when the
 number of affected small entities is
 "substantial" (i.e., at least 20 percent of
 the small entities) and when an impact
 is "significant" The determination of
 significance essentially depends upon
 compliance costs, production costs, and
 predicted closures. The draft RIA, cited
 in the preceding paragraph, describes
 the criteria hi detail and the economic
 impact model employed to estimate the
 effects of a regulation on small entities
 (refer to Chapter 6 of the RIA for
 additional details).
   The results of the economic impact
 model hi the RIA indicate that the
 effects of regulation on small entities are
 minimal. The number of affected small
 entities is insubstantial, and the impacts
 are insignificant.
   Accordingly, I hereby certify that the
 regulation will not have a significant
 impact on a substantial number of small
 entities. Therefore, this regulation does
 not require an RFA.

 List of Subjects in 40 CFR Parts 60,260,
 264,265,270, and 271

 40CFRPart6O

  Air pollution control, Test method,
 Vapor-phase organic concentration,
 Volatile organic concentration, Waste,
 Waste testing.

 40CFRPart260

  Definitions, Hazardous waste.
40 CFR Parts 284 and 265

  Air pollution control. Container,
Control device, Hazardous waste,
Hazardous waste management unit
Inspection, Miscellaneous unit
Monitoring, Recordkeeping, Reporting,
Standards, Surface impoundment Tank,
TSDF, Waste determination.

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 33542          Federal Register / Vol. 56, No. 140 / Monday. July 22. 1991  / Proposed Rules
 40 CFR Part 270
   Administrative practice and
 procedure, Air pollution control,
 Confidential business information,
 Hazardous -waste. Permit, Permit
 modification, Reporting and
 recordkeeping requirements.

 40 CFR Part zn
   Administrative practice and
 procedure, Air pollution control,
 Confidential business information.
 Hazardous waste. Reporting and
 recordkeeping requirements.
   Baled: July 1.1831.
 WBlkmlCReUly,
 Administrator,

 Appendix 1. Waste Determination
 Statistical Procedures
   Today's proposed standards would
 require waste  determinations be
 performed if an owner or operator
 chooses to place waste with a volatile
 organic concentration less than 500
 ppmw in a tank, surface impoundment,
 or container not equipped with the
 specified organic emission controls. The
 first section of this appendix describes
 the statistical procedure that is
 proposed today as 40 CFR 284 appendix
 X and 40 CFR 285 appendix VI to
 compute the waste volatile organic
 concentration value for comparison to
 the 500 ppmw limit
   Under the proposed standards, the
 waste determination would need to be
 performed initially by the effective date
 of the standards and repeated at least
 annually and, additionally, every time
 there is a change in the waste being
 managed or in the operation that
 generates or treats the waste that may
 affect the regulatory status of the waste.
 Section VII of this preamble discusses
 the alternatives considered by EPA for
 tto selection of the interval for periodic
 waste determinations. As an alternative
 to the annual frequency waste
 determination requirement included in
 the proposed standards, EPA considered
 requiring a monthly frequency with a
 less frequent interval being allowed for
 certain waste conditions. The second
 section of this appendix describes the
 statistical procedure EPA developed to
 establish for which wastes the less
 frequent interval could be used based on
 the variability of monthly waste
 determination results for a 6-month
 period.

A, Statistical Procedure To Determine if
 Waste Volatile Organic Concentration
Js Less Than BOO ppmw
  Tha direct measurement waste
 determination as described in section
VII of this preamble would require that
 at least four waste samples be collected
 and analyzed for volatile organic
 concentration. The samples would need
 to-be collected as close together in time
 as is practical, so that any variation in
 results can be attributed to sampling
 and analytical variability rather-than
 process variability. The samples would
 be analyzed using Reference Method
 25D/Test Method 5100 as described in
 section XI of this preamble. To compare
 these multiple test results to the 500
 ppmw limit, a single concentration value
 from the .four or more measured
 concentration values must be obtained. •
 A statistical t-test would be used to
 obtain a single concentration value.
   The statistical t-test involves adding
 the  average of the logarithms of the
 measured volatile organic
 concentrations to an estimate of the
 measurement standard error {sampling
 and analytical error], and then
 comparing the appropriate value
 (exponential of the sum) to 500 ppmw.
 The t-test relies on the assumption that
 the  quantities being compared are
 normally distributed. Since the
 logarithms of concentrations are
 approximately normally distributed,
 they are used in lieu of the
 concentration values directly obtained
 from Reference Method 25D or Test
 Method 5100. To perform the statistical
 t-test, some measure of variability
 among sample results taken at a given
 point in time is needed. This
. measurement variability [or standard
 deviation) can be estimated directly if
 multiple samples are taken at each of
 two or more points in time, and then the
 standard deviations estimated from
 each of those times are pooled.
   To pool the results from multiple
 sampling periods, it is necessary to
 know or assume how the standard
 deviation of the measurements changes
 when the waste concentration increases
 or decreases. If the standard deviation is
 a constant at all measured
 concentration values, then the pooling of
 results from different time periods can
 be done directly using the measured
 concentration values. If the standard
 deviation varies in proportion to the
 magnitude of the measurements, then
 the natural logarithms of the measured
 values should be used when calculating
 the mean and standard deviation. It is
 EPA's judgment that standard
 deviations of waste test results will tend
 to be proportional to the waste
 concentration. For example, in absolute
 units (ppmw), EPA believes that a
 process that yields a waste having a
volatile organic concentration of about
400 ppmw would tend to have a larger
 sampling and analytical variability (say,
 a standard deviation of 40 ppmw) than
would a process mat yields a waste
having a volatile organic concentration
of.about 100 ppmw (say, a standard.
deviation of 10 ppmw}. In other words, if
the process level changed, then the
standard deviation would tend to
change in a proportionate fashion.       :
Under the conditions of this example,
the (natural) logarithms of the
concentration measurements are more
appropriate than the concentration
measurements themselves for use in
pooling measurement results from
several sampling times. Therefore, EPA
chose to use the natural logarithms of
the measured values for these statistical
calculations.
  At any time, i, the mean of the
logarithms of the measured values of
volatile organic concentration, Xi, is:
obtained by averaging the logarithms of
the measured values:
Where:
  nj=the number of waste samples at time i.
  Xu=the natural logarithm (In) of the  •
    volatile organic concentration of sample j
    taken at time i.

  The standard deviation, S1( is obtained
as follows:
                  (Eq.  2)
Where:
          1
      •   I  (nk-l)
         k»0   K

       (Eq. 3)
             nk-l

              (Eq.  4)
 Xk)=Natoral logarithm (hi) of the measured
   volatile organic concentration of sample j
   taken at time k.
 nk=number of waste samples selected at
   timek.

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                  Federal Regstet / Vol. SB. No. 140  /  Monday. Jdy 22,1991 / Proposed
                                                                       33543
    For the initial determination fi=0 and
  k=OJ. *be standard deviatian, So, is
  equal to .BO. If an owner -or 'operator  '
  conducts tire minimum amount of testing
  during subsequent sampling periods,
  which consists of collecting and
  analyzing a single sample each month
  (or a .single sample each 6 months if a
  reduced sampling frequency is being
  used), then the standard deviation
  calculated for the initial set of sampling
  results, So. is assumed to apply to fee
  results of each subsequent
 determination .and is used in making
  comparisons of the logarithms of
 measured values with the 500 rramw
 limit                      "^
   To determine If the volatile organic
 concentration of a waste is below 500
 ppmw, ihe mean of the logarithms of the
 measurements at time i, X4, would be
 added to the product of the standard
 deviation, 84, And a multiplier; the
 exponential of this earn would then be
 compared with 500 ppmw to determine
 if the waste can be managed in units
 that are not controlled for air emissions.
 The value of the multiplier depends on
 the number «f samples taken and can be
 obtained from Column z in Table 2 by
 selecting the value corresponding to Hie
 value efK, in Columnl. The following
 condition must be true in order for the
 waste to ijaafify for management in
 units mat are not controlled for organic
emissions:
    TABLE 2.—MULTIPLIERS FOR Use w *-
             TEST—Continued
                     {or an alternate
   level for treated waste)    {Eq. 5)
Where:
  X,=The mean of the natural logarithms of
   the measured values obtained from
   samples at the current time, i, as defined
   byEq.l.
  t!=A value obtained from Column 2 of
   Table 2 corresponding to the value of K,
   in Column 1.
  Si=The standard deviation as defined by

  n,=The number of samples collected at the
   current time, L

  TABLE 2.— MULTIPLIERS FOR USE IN t-
               TEST
K, (from Eq. 3)
1 	
2 	
a 	 	 	
4
S--- M
a
»--- ,„,
«-- 	
»---. 	
10 	 „ , ,
11
12
1a , , .,
14 	 ,,
1S._ 	
Multiplier 
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 33544
Federal Register / Vol. 56, No. 140 / Monday. July  22.  1991 / Proposed Rules
 whether or not a reduced sampling
 frequency can be used.
 Figure &—Waste Analysis Form—Sample ,
 Worksheet
 A. Sample Period (sample collection date)
 B, Measured concentration value for each
    sample collected daring period (minimum
    of four samples)
 C. Logarithms of values in Row B
 D. Number of values in Row C
 E. Average of values in Row C
 F. Variance of values in Row C
 G. [RowD]-l
 H. JRow D prior period]+[Row G]
 L [Row D prior period] X [Row L prior period]
 J. [RowF]X[RowG]
 K.[RowIj+lRowJ]
 L.[RowlC]/[RowH]
 M.[RowLJa§
 N. Multiplier (Table 2. column 2; K,=Row H)
 O, [RowMJX[RowN]/[RowD]°-»
 P. [Row EJ+pRow O]
 Q.exp[RowP]
 R.bRowQ<500?
  If "yes" >• go to Row S; If "no" *• stop
 S. la Row Q<500 for last 6 periods?
  If "ye«" +• go to Row T; If "no" +• stop
 T. Multiplier (Table 2, column 3; K,=Row H)
 U. exp [[Row M] X DRow TJ]
 V,EOO/[RowU]
 W. Is Row V> all Row B for last 6 periods?
  If "yes" >• semi-annual sampling allowed
  If "no" *p monthly sampling required
  The form includes instructions to
 determine if the conditions of Eq. 5 and
Eq. 6 are met On the form, Row B
pertains to measured concentration
values from the waste sample analyses,
Row C pertains to the logarithms of the
measured concentration values, Rows D
through M involve some preliminary
                        calculations, Rows N through S
                        constitute the test to determine if the
                        volatile organic concentration of the
                        sampled waste is below 500 ppmw, and
                        Rows T through W contain the test for
                        determining if a reduced sampling
                        frequency can be used.
                          For the reasons set out in the
                        preamble, title 40, chapter I, parts 60, *
                        260, 264,265, 270, and 271 of the Code of
                        Federal Regulations are proposed to be
                        amended as follows:

                        PART 60—STANDARDS OF
                        PERFORMANCE FOR NEW
                        STATIONARY SOURCES

                          1. The authority citation for part 60
                        continues to read as follows:
                          Authority: Sections 111, 301(a) of. the Clean'
                        Air Act as amended (42 U.S.C. 7411,7601(a)J,
                       •unless otherwise noted.

                          2. Appendix A is amended by adding
                        test methods 25D and 25E:

                        METHOD 25D—Determination of the Volatile
                        Organic Concentration of Waste Samples
                        Introduction
                         Performance of this method should not be
                       attempted by persons unfamiliar with the
                        operation of a flame ionization detector (FID)
                       or an electrolytic conductivity detector
                       (ELCD) because knowledge beyond the scope
                       of this presentation is required.

                       1. Applicability, and Principle
                         1.1 Applicability. This method is
                       applicable to the determination of the volatile
                       organic concentration of wastes.
   1.2  Principle. A sample of waste is
. collected from a source as close to the point
 of generation as practical. The sample is then
 purged with nitrogen to separate certain
 organic compounds. Part of the sample is
 analyzed for carbon concentration, as
 methane, with an FID, and part of the sample
.is analyzed for chlorine concentration, as
 chloride, with an ELCD. The volatile organic
 concentration is the sum of the carbon and
 chlorine content of the sample.

 2. Apparatus
   2.1 ' Sampling. The following equipment is
 required:
   2.1.1  Static Mixer. Installed in-line or as a
 by-pass loop, sized so that the drop size of
 the dispersed phase is no greater than 1000
 fim. If the Installation of the mixer is in a by-
 pass loop, then the entire waste stream shall
 be diverted through the mixer.
   2.1.2 • Tap. Installed no further than two •
 pipe diameters downstream of the static
 mixer outlet.
   2.1.3  Sampling Tube. Flexible Teflon, 0.25
 in. ID. Note: Mention of names or specific
. products does not  constitute endorsement  by
 the Environmental Protection Agency.
   2.1.4  Sample Container. Borosilicate glass
 or polytetrafiuoroethylene (PTFE), 15 to 50
 ml, and a Teflon lined screw cap capable of
 forming an air-tight seal.
   2.1.5  Cooling Coil. Fabricated from 0.25 in.
 ID 304 stainless steel tubing with a
 thermocouple at the coil outlet
   ZZ Analysis. The following equipment  is
 required:.
   2J2.1  Purging Apparatus. For separating
 the organic compounds from the waste
 sample. A schematic of the system is shown
 in Figure 1. The purging apparatus consists of
 the following major components.
 BILLING CODE 6560-5041
-------
     4-WAY BYPASS VALVE
PRESSURE GAUGE
ON/OFF VALVE
                                                               HEATEDTRANSFERUNE
                                                            HEAT-RESISTANT ON/OFF VALVE
                                                                            ToVem
                                                                         FLOWMETER
     REGULATOR
     FLOW CONTROLLER
     •— CALIBRATION GAS
                   Figure 1. Schematic of Analytical System
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33546
Federal Register / Vol. 56, No. 14O / Monday,  July 22, 1991 / Proposed Rules
  Z2.1.1  Purging Chamber. A glass           the #7 Ace-thread), one for the Teflon exit      50-mm inside diameter (ID) cylindrical glass
container to hold the sample while it ia        tubing (side fitting, also a #7 Ace-thread),       tube. One end of the tube is open while the
heated and purged with dry nitrogen. The cap   and a third (a 50-mm Ace-thread) to attach      °Jher end is sealed. Exact dimensions are
of the purging chamber is equipped with three   the base of the purging chamber as shown in    shown in Figure 2.
fittings: one for a purging lance (fitting with     Figure 2. The base of the purging chamber is a   BILLING CODE sseo-so-M
-------
                 Federal Register / Vol. 56. No. 140 / Monday. July 22.1991 / Proposed Rules
Purging  Lance
                                                          1 mm I.D.
                                 End View of FDD
  KUJNO CODE *G«0-60-e
                         Figure 2.  Schematic  of Purging Chamber.
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335*8            Federal Register  / Vol. 58, No. 140  / Monday. July 22. 1991 /  Proposed Rules  	'.


  23.13.  Purging Lance. Glass tube, 6-mm      diameter. Details and exact dimensions are     same dimensions as the purging chamber.
OD by 30 cm long. The purging end of the       shown in Figure 2.                      .    The details of the design are shown in Figure
tube la fitted with a four arm bubbler with        2^.1.3  Coalescing Filter. Porous fritted     "3.                          ..'',"
each tip drawn to an opening 1 mm in          disc incorporated into a container with the     BIUJNQ CODE esco-so-M               \
-------
PRESSURE
 GAUGE
                                                       TO DETECTORS
                PURGING CHAMBER
COALESCING FILTER
  Figure 3.  Orientation of Purging Chamber and Coalescing Filter.
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 33550
Federal  Register / VoL 58, No.. 140 / Monday, July 22, 1991 / Proposed Rules
   ££1.4  Constant Temperature Chamber.
 An oven capable of maintaining a
 temperature around the purging chamber and
 coalescing filter«f75±5*C.
   22.1,5  Three-way valve. Manually
 operated, stainless steel To introduce
 calibration gas into system.
   ££1.6  Flow Controllers. Two adjustable.
 One capable of maintaining a purge gas flow
 rato of 0+.06 l/mln. The other capable of
 maintaining a calibration gas flow rate -at 1-
 100 ml/min.
   £2.1.7  Rot&meter. For monitoring the air
 flow through the purging system (0-101/min).
   ££1.6  Sample Splitters. Two heated flow
 rostrlctors. At a purge rate of up to 6 l/mln.
 one will supply a constant flow to the ELCD.
 The second wUl split the analytical flow
 between the FID and the vent The
 approximate flow to the FID will be 40 ml/
 min and to the ELCD will be 15 ml/min. but
 the exact flow shall be adjusted to be
 compatible with the individual detector and
 to meet its linearity requirement
   £2.1.9  Filter Flask. With one-hole stopper.
 Used to hold ice bath. Excess purge gas la
 vented through tha flask to prevent
 condensation in the flowmeter and to trap
 volatile organic compounds.
  £2.1.10 Four-way Valve. Manually
 operated, stainless steel. Placed inside oven,
 used to bypass purging chamber.
  £2.1.11 On/Off Valves. Two. stainless
 steeL One heat resistant up to 130 *C and
 placed between oven and ELCD. The other a
 toggle valve used to control purge gas flow.
  £2.1.12 Pressure Gauge. Range 0-40 psi.
To monitor pressure in purging chamber and
coalescing filter.
  ££2  Volatile Organic Measurement
System. Consisting of an FID to measure the
carbon concentration, as methane, of the
sample and an ELCD to measure the chlorine
concentration.
  £££1 FID. An FID meeting the following
 specifications Is required:
                           2.2.2.1.1  Linearity. A linear response (±5
                         percent) over the operating range as
                         demonstrated by the procedures established
                         in Section 5.1.1.
                           2.2.2.1.2  Range. A full scale range of 50 pg
                         carbon/sec to 50 ug carbon/sec. Signal
                         attenuators shall be available to produce a
                         minimum signal response of 10 percent of full
                         scale.
                           ££2.1.3  Data Recording System. Analog
                         strip chart recorder or digital integration
                         system compatible with the FID for
                         permanently recording the output of the
                         detector. The recorder must have the
                        - capability to start and stop integration at
                         points selected by the operator.
                           22,2,2  ELCD. An ELCD meeting the
                         following specifications is required. Note: A
                         %-in. ID quartz reactor tube is recommended
                         to reduce carbon buildup and the resulting
                         detector maintenance.
                           2,2,2,2.1  Linearity. A linear response (±10
                         percent] over the response range as         •
                         demonstrated by the procedures in 'Section
                         5.1.£
                           £££2.2  Range. A full scale range of 5.0
                         pg/sec to 500 ng/sec chloride. Signal
                         attenuators shall be available to produce a
                         minimum signal response of 10 percent of full
                         scale.
                           £2.££3  Data Recording System. Analog
                         strip chart recorder or digital integration
                         system compatible with the output voltage
                         range of the ELCD. The recorder must have
                         the capability to start and stop integration at
                         points selected by the operator.

                         3. Reagents
                           3.1  Sampling.
                           3.1.1 Polyethylene Grycol (PEG). Jfinety-
                         eight percent pure with an average molecular
                         weight of 400. Before using the PEG, remove
                         any organic compounds that might be
                         detected as volatile organics by heating it to
                         200 *C and purging it with nitrogen at a flow
                         rate of 1 to 21/min for 2 hours.
                           3.2  Analysis.
  3.2.1  Sample Separation. The following
'are required for the sample purging step:.
  .3.2.1.1   PEG. Same as Section 3.1.1. '
 ' 3.2.1.2   Purging Gas. Zero grade nitrogen
(N2), containing less than 1 ppm carbon.
  3.2.2  Volatile Organic Measurement. The
following are required for measuring the     .
volatile organic concentration:
  3.2.2.1   Hydrogen (Ha). Zero grade Ha,
09.999 percent pure.
  3.2.2.2   Combustion Gas. Zero grade air or
oxygen as required by the FID.        ;
  3.2.2.3   FID Calibration Gas. Pressurized
gas cylinder containing 25 percent propane
and 1 percent 1,1-dichloroethylene by volume
in nitrogen.
  3.2.2.4   Water. Deionized distilled water
that conforms to.American Society for
Testing and Materials Specification D1193-
74, Type 3, is required for analysis. At the
option of the analyst the KMnO4 test for
oxidizable organic matter may be omitted •
when high concentrations are not expected to
be present.
  3.2.2.5   N-Propanol. ACS grade or better.
Electrolyte Solution. For use in the
conductivity detector.

4.0 Procedure

  4.1  Sampling.
  4.1.1  Sampling Plan Design and
Development Use the procedures in chapter
nine of the Office of Solid Waste's
publication, Test Methods for Evaluating
Solid Waste, third edition (SW-846), as
guidance in developing a sampling plan.
  4.15  Waste hi Enclosed Pipes.     '
  4.1.2.1   Sample as close as-practical to the
point of waste generation in order to
minimize the loss of organics. Assemble the
sampling apparatus as shown in Figure 4.
Install the static mixer in the process line or
in a by-pass line. Locate the tap within two
pipe diameters of the static mixer outlet

B1LUNO CODE 6560-6041                [
-------
From

Source
               WASTE PIPELINE
                 STATIC IN-UNE MIXER
VALVE
         1/4 in. ID STAINLESS STEEL COIL
                        OPTIONAL PUMP
                            SAMPLE CONTAINER
                                                       REDUCER

                                                       (1/4 in. ID Tube Fitting)
                                                          ICE BATH
                                                                         a
                                                                         °
                                                                         §
                                                                         ex.
                                                                         03
 Figure 4.  Schematic of Sampling Apparatus for Enclosed Pipe
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33552
Federal Register,/ Vol.  56, No. 140  / Monday. July 22. 1991  /  Proposed Rules
         Prepare the sampling containers as
follows: Four into the container an amount of
PEG equal to the total volume of the sample
container minus iOmL PEG will reduce but  -
not eliminate the loss of organic compounds
during sample collection. Weigh the sample
container with the screw cap, the PEG, and
any labels to the nearest 0.01 g and record the
weight (m.0. Before sampling, store the
containers in an ice bath until the
temperature of the PEG is less than 40 *F.
  4.1.2,3  Begin sampling by purging the
sample lines and cooling coil with at least
four volumes of waste. Collect the purged
material in a separate container and dispose
of It properly.
  4.1.2.4  After purging, stop the sample flow
and direct the sampling tube to a preweighed
sample container, prepared as previously
described in this section. Keep the tip of the
tube below the surface of the PEG during
sampling to minimize contact with the
atmosphere. Sample at a flow rate such that
the temperature of the waste is less than
10 *C. Fill the sample container and
immediately cap it (within 5 seconds) so that
a minimum headspace exists in the container.
Storo immediately in a cooler and cover with
lea.
  4.1.2.5  Alternative sampling.techniques
                         may be used upon the approval of the
                         Administrator.
                           4.2  Sample Recovery.
                           "4.2.1  Assemble the purging apparatus as
                         shown hi Figures 1 and 2. Adjust the purging
                         lance so that it reaches the bottom of the
                         chamber.
                           42.2  Remove the sample container from
                         the cooler, and wipe the exterior of the
                         container to remove any extraneous ice,
                         water, or other debris. Reweigh the sample
                         container and sample to the nearest 0.01 g,
                         and record the weight (m*). Pour the contents
                         .of the sample container into the purging flask,
                         rinse the, sample container three times with
                         PEG, transferring the rinsings to the purging
                         flask after each  rinse. Cap purging chamber
                         between rinses. The total volume of PEG in
                         the purging flask shall be approximately 50
                         ml. Add approximately 50 ml of water.
                           4.3  Sample Analysis.
                           4.3.1  Turn on the constant temperature
                         bath and allow the temperature to equilibrate
                         at 75±5 °C. Turn the bypass valve so that the
                         purge gas bypasses the purging chamber.
                         Turn on the purge gas. Allow both the FID
                         and the ELCD to warm up until a stable
                         baseline is achieved on each detector. Pack
                         the filter flask with ice. Change this after
                         each run and dispose of the waste water
properly. When the temperature of the oven
reaches 7S±5 C, start both integrators and
record baseline. After 1 min, turn' the bypass
valve so that the purge gas flows through the
purging chamber. Continue recording the
response of the FID and the ELCD. Monitor
the readings .of the pressure gauge and the  .
rotameter. If the readings fall below
established set points, stop the purging and
determine the source of the leak before
resuming.

  4.3.2  As the purging continues, monitor
the output of the detectors to make certain
that the analysis is proceeding correctly and
that the results are being properly recorded.
Every 10 minutes read and record the purge
flow rate, the pressure and the chamber
temperature. Continue the purging for 30
minutes.

  4.3.3  For each detector output, integrate
over the entire area of the peak starting at 1
minute and continuing until the end of the
run. Subtract the established baseline area
from the peak area. Record the corrected area
of the peak. See Figure 5 for an example
integration.

BILLING CODE BSSO-SO-M
-------
                            REPORT THE SHADED AREA UNDER THE CURVE
 L
       Sfarf sample purge (t~1 minute)
Start integration to establish baseline (t*0)
Stop purge/integration (t» ~31 minutes)
                             J
Detector Zero
 Figure 5.  Sample Chromatogram and Integration for Either Detector
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 33554
Federal  Register / Vol. 56, No. 140 / Monday, July  22, 1991 / Proposed  Rules
   4.4  Water Blank Transfer about 60 ml of
 water into the purging chamber. Add 50 ml of
 PEG to the purging chamber. Treat the blank
 as described in sections 42 and 4.3, excluding
 section 4,2,2.

 5. Operational Checks and Calibration
   Maintain a record cf performance of each
 item.
   C.I  In! tial Performance Check of Purging
 System. Before placing the system in
 operation,  after a shutdown of greater than
 six months, and after any major
 modifications, conduct the linearity checks
 described in sections S.l.l and 5.1.2. Install
 calibration gas at the three-way calibration
 gas valve. See Figure 1.
   5.1.1  Linearity Check Procedure. Using the
 calibration standards described in section
 3.22.3 and by varying the injection time, it is
 pc-Hlblo to calibrate at multiple
 concentration levels. Use Equation 3 to
 calculate three sets of calibration gas flow
 rates and run times needed to introduce a
 total methane mass  (m«J of 1,5, and 10 mg
 Into tha system flow, medium, and high FID
 calibration, respectively). Use Equation 4 to
 calculate three sets of calibration gas flow
 rates and run times needed to introduce a
 total chloride mass (m^) of 1.5, and 10 mg
 into the system (low, medium and high ELCD
 calibration, respectively). With the purging
 system (low, medium and high ELCD
 calibration, respectively. With the purging
 system operating as in section 4.3, allow the
 FID and the ELCD to establish a stable
 baseline. Set the secondary pressure
 regulator of the calibration gas cylinder to the
 same pressure as the purge gas  cylinder and
 set the proper flow rate with the calibration
 flow controller (see Figure 1). The calibration
 gas flow rate can be measured with a
 JQowmeter attached to the vent position of the
 calibration gas valve. Set the four-way
 bypass valve to standby position so the
 calibration gas flows through the coalescing
 filter only. Inject the calibration gas by
 turning the calibration gas valve from vent
 position to  inject position. Continue the
 calibration gas flow for the appropriate
 period of time before switching the
 calibration valve to vent position. Continue
 recording the response of the FID and the
ELCD for 5 ™<" after twitching off
 calibration gas flow. Make triplicate
 injections of all six levels of calibration.  ,
  5.1.2  Linearity Criteria. Calculate the
 average response factor (Equations 5 and 6)
 and the relative standards deviation (RSD)
 (Equation 10) at each level of the calibration
 curve for both detectors. Calculate the overall
 mean of the three response factor averages
 for each detector. The FID linearity is
 acceptable if each response factor is within 5
 percent of the overall mean and if the RSD
 for each set of triplicate injections is less
 than 5 percent. The ELCD linearity is
 acceptable if each response factor ia within
 30 percent of the overall mean and if the RSD
 for each aet of triplicate injections is less
 than 10 percent Record the overall mean
 value of the response factors for the FID and
 the ELCD. If tha calibration for either the FID
 or the ELCD does not meet the criteria.
 correct the  detector/system problem and
 repeat Section 5.1.1 and S.1.2.
   52 Daily Calibrations.
   5.2.1  Daily Linearity Check. Follow the
 procedures outlined in Section 5.1.1 to
 analyze the medium level calibration for both
 the FID and the ELCD in duplicate at the start
 of the day. Calculate the response factors  and
 the RSD's for each detector. For the FID, the
 calibration is acceptable if the average
 response factor is within 5 percent of the
 overall mean response factor (Section 5.1.2)
 and if the RSD for the duplicate injection is
 less than 5 percent For the ELCD, the
 calibration is acceptable if the average
 response factor is within 10 percent of the
• overall mean response factor (section 5.1.2)
 and if the RSD for the duplicate injection is
 less than 10 percent If the calibration for
 either the FID or the ELCD does not meet the
 criteria, correct the detector/system problem
 and repeat Sections 5.1.1 and 5.1.2.
   5.2.2  Calibration Range Check.
   5.2.2.1   If the waste concentration for
 either detector falls below the range of
 calibration for the detector, use the'procedure
 outlined in Section 5.1.1 to choose 2
 calibration points that bracket the new target
 concentration. Analyze each of these points
 in triplicate (as outlined in section 5.1.1) and
 use the criteria in section 5.1.2  to determine
 the linearity of the detector in this "mini-
 calibration" range.
   5.2.2^  After the initial linearity check of
 the mini-calibration curve, it is only
 necessary to test one of the points in
 duplicate for the daily calibration check (in
 addition to the points specified in section
 5.2.1). The average daily mini-calibration
 point should fit the linearity criteria specified
 in section 5.2.1. If the calibration for either
 the FID or the ELCD does not meet the
 criteria, correct the detector/system problem
 and repeat the calibration procedure
 mentioned in the  first paragraph of section
 522. A mini-calibration curve for waste
 concentrations above the calibration curve
 for either detector is optional
   5.3  Analytical Balance. Calibrate against
 standard weights.
   5.4  Audit Procedure. Concurrently
 analyze the audit sample and a set of
 compliance samples in the same manner to
 evaluate the technique of the analyst and the
 standards preparation. The same analyst
 analytical reagents, and analytical system
 shall be used both for compliance samples
 and the EPA audit sample. If this condition is
 met auditing of subsequent compliance
 analyses for the same enforcement agency
 within 30 days is  not required. An audit
 sample set may not be used to validate
 different sets  of compliance samples under
 the jurisdiction of different enforcement
 agencies, unless prior arrangements are made
 with both enforcement agencies.
   5.5  Audit Samples. Audit Sample
 Availability. Audit samples will be supplied
 only to enforcement agencies for compliance
 tests. The availability of audit samples may
 be obtained by writing: Source Test Audit
 Coordinator (MD-778), Quality Assurance
 Division, Atmospheric Research and
 Exposure Assessment Laboratory, VS.
 Environmental Protection Agency, Research
 Triangle Park, NC 27711.
 or by calling the Source Test Audit
 Coordinator (STAC) at (919) 541-7834. The
                                                                     request for the audit sample must be made at
                                                                     least 30 days prior to the scheduled
                                                                     compliance sample analysis.
                                                                     ' ' 5.6  Audit Results. Calculate the audit
                                                                     sample concentration according to the
                                                                     calculation procedure described in the audit
                                                                     instructions included with the audit sample.
                                                                     Fill in the audit sample concentration and the
                                                                    ' analyst's name on the audit response form
                                                                     included with the audit instructions. Send
                                                                     one copy to the EPA Regional Office or the
                                                                     appropriate enforcement agency and a
                                                                     second copy to the STAC. The EPA Regional
                                                                     Office or the appropriate enforcement agency
                                                                     will report the results of the audit to the
                                                                     laboratory being audited. Include this
                                                                     response with the results of the compliance
                                                                     samples in relevant reports to the EPA
                                                                     Regional Office br the appropriate
                                                                     enforcement agency.

                                                                     6.0  Calculations.
                                                                     6.1  Nomenclature.
                                                                      AD = Area under the water blank response
                                                                        curve, counts.
                                                                      Ac = Area under the calibration response
                                                                        curve, counts.
                                                                      A. = Area under the sample response
                                                                        curve, counts.
                                                                      C = Concentration of volatile organics in
                                                                        the sample, ppmw.
                                                                      Ce = Concentration of carbon, as methane,
                                                                        in the calibration gas, mg/L
                                                                      Ch = Concentration of chloride in the
                                                                        calibration gas, mg/L
                                                                      DRt  = Average daily response factor of the
                                                                        FID, mg CH«/counts.
                                                                      DRth = Average daily response factor of
                                                                        the ELCD, mg Cl/'/counts.
                                                                      ma = Mass of carbon, as methane, in a
                                                                        calibration run. mg.
                                                                      ma, = Mass of chloride in a calibration
                                                                      m, = Mass of the waste sample, g.
                                                                      nv = Mass of carbon, as methane, in the
                                                                        sample, mg.
                                                                      m.f = Mass of sample container and waste
                                                                        sample, g.
                                                                      mA = Mass of chloride in the sample, mg.
                                                                      m* = Mass of sample container prior to
                                                                        sampling, g.
                                                                      m,o = Mass of volatile organics in the
                                                                        sample, mg. ,
                                                                      P, = Percent propane in calibration gas (I/
                                                                        1)
                                                                      PTC = Percent 1,1-dichloroethylene in
                                                                       . calibration gas (1/1)              :
                                                                      Qc = Flow rate of calibration gas, 1/min.
                                                                      te = Length of time standard gas is
                                                                        delivered to the analyzer, min.    ',
                                                                    6.2  Concentration of Carbon, as Methane, in
                                                                        the Calibration Gas.
                                                                      C, = (19.681 X P,)  + (13.121 X P«)   Eq.
                                                                        1
                                                                    6.3  Concentration of Chloride in the
                                                                        Calibration Gas.
                                                                      Ch = 28.998 X PTC    Eq. 2
                                                                    6.4  Mass of Carbon, as Methane, in a
                                                                        Calibration Run.
                                                                      nW = CeXQ,Xte   Eq. 3
                                                                    63  Mass of Chloride in a Calibration Run.
                                                                      nv* = Cfc X Qe X t.    Eq. 4       \
                                                                    6.6  FID Response Factor, mg/counts.
                                                                      Rt = Bleo/Ae   Eq. 5
                                                                    6.7  ELCD Response Factor, ing/counts.
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                     Federal Register / Vol. 56. No. 140 / Monday. July  22,  1991 / Proposed Rules
                                                                                 33555
                    Eq. 6
  6.8  Mass of Carbon, as Methane, in the
      Sample.
    raw = DR, (A, - A,,)   Eq. 7
  6.9 Mass of Chloride in the Sample.
    m.h = DRo, (A. - A,,}    Eq. 8
  6.10   Mass of Volatile Organics in the
      Sample.
    mro = nv. 4- md,    Eq. 9
  6.11  Relative Standard Deviation.
  RSD=100/x[
                                     Eq.10
  6.12  Mass of Sample.
    m, = nirf - m.t    Eq. 11
  6.13  Concentration of Volatile Organics in
     Waste.
    C = (mvo x 1000)/m,    Eq. 12

  Method 25E— Determination of Vapor Phase
  Organic Concentration in Waste Samples
  Introduction
   Performance of this method should not be
 attempted by persons unfamiliar with the
 operation of a flame ionization detector (FID)
 nor by those who are unfamiliar with source
 sampling because knowledge beyond the
 scope of this presentation is required.

 1. Applicability and Principle
   1.1  Applicability. .This method is
 applicable for determining the vapor pressure
 of waste samples from treatment storage,
 and disposal facilities (TSDF).
   1.2  Principle, A waste sample is collected
 from a source Just prior to entering a tank.
 The headspace vapor of the sample is
 analyzed for carbon content by a headspace
 analyzer, which uses an FID.

 2. Interferences
  2.1  The analyst shall select the operating
 parameters best suited to his requirements
 for a particular analysis. The analyst shall
 produce confirming data through an adequate
 supplemental analytical technique and have
 the data available for review by the
 Administrator.

3. Apparatus
  3.1  Sampling. The following equipment is
required:
  3.1.1  Sample Containers. Vials, glass, with
butyl rubber septa, Perkin-Elmer Corporation
Numbers 0105-0129 (glass vials), B001-O728
   (gray butyl rubber septum, phig style), 0105-
   0131 (butyl rubber septa), or equivalent. The
   seal shall be made from butyl rubber.
  ••Silicone rubber seals are not acceptable.
    3.1.2  Vial Sealer. Perkin-Elmef Number
  105-0106, or equivalent.
    3.1.3  Gas-Tight Syringe. Perkin-Ehner
  Number 0023,0117, or equivalent, pipe:
    3.1.4.1  Static mixer. In-line or by-pass
  loop, sized so that the drop size of the
  dispersed phase is no greater than 1000 fim. If
  the mixer is installed as a by-pass loop, the
  entire waste stream shall be diverted through
.. the mixer.
    3.1.4.2 Tap.
    3.1.4.3 Tubing. Teflon, 0.25-in. ID. Note:
  Mention of trade names or specific products
  does not constitute endorsement by  the
  Environmental Protection Agency.
    3.1.4.4  Cooling Coil. Stainless steel (304),
  0.25 in.-ID, equipped with a thermocouple at
  the coil outlet                         ..
    3.2  Analysis. The following equipment.is
  required:
    3.2.1   Balanced Pressure Headspace
  Sampler. Perkin-Elmer HS-8, HS-100, or
  equivalent, equipped with a glass bead
  column instead of a chromatographic column.
    3.2.2   FID. An FID meeting the following
  specifications is required:
    3.2.2.1 Linearity. A linear response (±5
  percent) over the operating range as
  demonstrated by the procedures established
  in Section 6.1.2.
   S.&2.2 Range. A full scale range of 1 to
  10,000 ppm CH«. Signal attenuators shall be
  available to produce a minimum signal
 response of 10 percent of full scale.
   3.2.3  Data Recording System. Analog strip
 chart recorder or digital integration system
 compatible with the FID for permanently
 recording the output of the detector.
   3.2.4  Thermometer. Capable of reading
 temperatures in the range of 30° to 60 °C with
 an accuracy of ±0.1 *C.

 4. Reagents
   4.1  Analysis. The following items are
 required for analysis:
   4.1.1  Hydrogen (Ha). Zero grade.
   4.1.2  Carrier Gas. Zero grade nitrogen,
 containing less than 1 ppm carbon (C) and
 less than 1 ppm carbon dioxide.
  4.1.3  Combustion Gas. Zero grade air or
 oxygen as required by the FID.
  4.2  Calibration and Linearity Check.
  4.2.1  Stock Cylinder Gas Standard. 100
percent propane. The manufacturer shall: (a)
  certify the gas composition to be accurate to
  ±3 percent or better (see section 4.2J.1); (b)
  •recommend a maximum shelf life over which
  the gas concentration does not change by
  greater than ±5 percent from the certified
  value; and (c) affix the date of gas cylinder
  preparation,, certified propane.concentration,
 • -and recommended maximum shelf life to the
  cylinder before shipment to the buyer.
    4.2.1.1  Cylinder Standards Certification.
  The manufacturer shall certify the
  concentration of the calibration gas in the
  cylinder by (a) directly analyzing the cylinder
  and (b) calibrating his analytical procedure
  on the day of cylinder analysis.- To calibrate
  his analytical procedure, the manufacturer
  shall use, as a minimum^ a three-point
  calibration curve'.
    4.2.1.2  Verification of Manufacturer's
  Calibration Standards. Before using, the
  manufacturer shall verify each calibration.
  standard by (a) comparing it to gas mixtures
  prepared in accordance with the procedure
  described in section 7.1 of Method 108 of part
  61, Appendix B. or by (b) calibrating it
  against Standard Reference Materials
  (SRM's) prepared by the National Bureau of
  Standards, if such SRM's are available. The
  agreement between the initially determined
  concentration value and the verification
  concentration value shall be within ±5
 percent The manufacturer shall reverify all
 calibration standards on a time interval
 consistent with the shelf life of the cylinder
 standards sold.

 5. Procedure
.   5.1  Sampling.
   5.1.1   Sampling Plan Design and
 Development. Use the procedures in chapter
 nine of the Office of Solid Waste's
 publication. Test Methods for Evaluating
 Solid Waste, third edition (SW-846), as
 guidance in developing a sampling plan.
  5.1.2  Sample according to the procedures
 in chapter nine of SV-846, or. if sampling
 from an enclosed pipe,  sample according to
 the procedures described below.
  5.1.2.1  The sampling apparatus designed
 to sample from an enclosed pipe is shown in
Figure 1, and consists of an in-line static
mixer, a tap, a cooling coil immersed in an ice
bath, a flexible Teflon tube connected to the
outlet of the cooling coil, and a sample
container.
BILUNO CODE 6560-50-M
-------
     •*•!»
From
Source
                                IS}
               WASTE PIPELINE
VALVE
                 STATIC IN-UNE MIXER
         1/4 in. ID STAINLESS STEEL COIL
                         OPTIONAL PUMP
                             SAMPLE CONTAINER
             ISC
                                                        REDUCER
                                                        (1/4 in. ID Tube Fitting)
                                                                          I:
                              i

                              8
                                                          ICE BATH
                                                                          I
                                                                          CD
  Figure 1. Schematic of Sampling Apparatus for Enclosed Pipe
BIUINQ CODE SSSO-RK;
-------
                  Federal Register / Vol. 56, No. 140 / Monday. July 22. 1991  /'Proposed Rules
                                                                             33557
  Locate the tap within two pipe diameters of
the static mixer cutlet. Install the static mixer
in the process line or in a by-pass line. •
  5.1.2.2  Begin sampling by purging the  -
sample lines and cooling coil with at least
four volumes of waste. Collect the purged
material in a separate container. Consider the
purged material hazardous waste and
dispose of it properly.
  5.1.2.3  After purging, stop the sample flow
and transfer the Teflon sampling tube to  a
sample container. Sample at a flow .rate such
that the temperature of the waste is  <10 °C
(< 50 °F). Fill the sample container halfway
(±5 percent) and cap it within 5 seconds.
  5.1.2.4  Store the collected samples in ice
or a refrigerator until analysis.
  5.1.2.5  Alternative sampling techniques
may be used upon the approval of the
Administrator.
  5.2 Analysis.
  5.2.1  Allow one hour for the headspace
vials to equilibrate at the temperature
specified in the regulation. Allow the FID to
warm up until a stable baseline is achieved
on the detector.
  5.2.2  Check the calibration of the FID
daily using the procedures in Section 6.1.2.
  5.2.3  Follow the manufacturer's
recommended procedures for the normal
operation of the headspace sampler and  FID.
  5.2.4  Use the procedures in sections 7.4
and 7.5 to calculate the vapor phase organic
vapor pressure in .the samples.
  5.2.5  Monitor the output of the detector to
make certain that the results are being
properly recorded.

6. Operational Checks and Calibration
  Maintain a record of performance of each
item.
  6.1  Use the procedures in section 6.1.1 to
calibrate the headspace analyzer and FID
and check for linearity before the system is
first placed in operation, after any shutdown
longer than 6 months, and after any
modification of the system.
  6.1.1  Calibration and Linearity. Use the
procedures in section 6.2.1 of Method 18  of
part 60, appendix A, to prepare the standards
and calibrate the flowmeters, using propane
as the standard gas. Fill the calibration
standard vials .halfway (±5 percent) with
deionized water. Purge and fill the airspace
calibration standards in triplicate at
concentrations that will bracket the
applicable cutoff. For a cutoff of 5.2 kPa (0.75
psi), prepare nominal concentrations of
30,000, 50,000, and 70,000 ppm as propane. For
a cutoff of 27.6 kPa (4.0 psi), prepare nominal
concentrations of 200,000, 300,000, and
400,000 ppm as propane.
  6.1.1.1  Use the procedures in section  5.2.3
to measure the FID response of each
standard. Use a linear regression analysis to
calculate the values for the slope (k) and the
y-intercept (b). Use the procedures in sections
7.2 and 7.3 to test the calibration and the
linearity.
  6.1.2  Daily FID Calibration Check. Check
the calibration at the beginning and at the
 end of the daily runs by using the following
 procedures. Prepare two calibration
 standards at the nominal cutoff concentration
• using the procedures in section 6.1.1. Place
 one at the beginning and one at the end of the
 daily run. Measure the FID response of the
 daily calibration standard and use the values
 for k and b from the most recent calibration
 to calculate the concentration of the daily
 standard. Use an equation similar to 25E-2 to
 calculate the percent difference between the
 daily standard and C.. If the difference is
 within 5 percent, then the previous values for
 k and b may be used. Otherwise, use the
 procedures in section 6.1.1 to recalibrate the
 FID.

 7. Calculations
 7.1  Nomenclature.
   A=Measurement of the area under the
     response curve, counts.
   b=y-intercept of the linear regression line.
   C.=Measured vapor phase organic
     concentration of sample, ppm as
     propane.            -
   C,n.=Average measured vapor phase
     organic concentration of standard, ppm
     as propane.
   Cm=Measured vapor phase organic
     concentration of standard, ppm as
     propane.
   C,=Calculated standard concentration,
     ppm as propane.
   k=Slope of the linear regression line.
   Pi*r=Atmospheric pressure at analysis
     conditions, nun Hg (in. Hg).
   p*=Organic vapor pressure in the sample,
     kPa (psi).
   0=1.333X10-7 kPa/[(mm Hg) (ppm)],
     (4.91X10-7 psi/[(in. Hg) (ppm)])
   73. Linearity. Use the following equation
 to calculate the measured standard
 concentration for each standard vial.
 Cn=kA+b     Eq.25E-l
   7.2.1  Calculate the average measured
 standard concentration (CmJ for each set of
 triplicate standards and use the following
 equation to calculate the percent difference
 between C^, and C,.
  Percent Difference
                      C.-C,,,.
X100

    Eq. 25E-2
  The instrument linearity is acceptable if the
  percent difference is within five for each
  standard.
    73. Relative Standard Deviation (RSD).
  Use the following equation to calculate the
  RSD for each triplicate set of standards.
   RSD  =
           100
                   n-1
   Eq. 25E-3
               The calibration is acceptable if the RSD is
               within five for each standard concentration.
              ••   7.4  Concentration-of organicsin the
               headspace. Use the following equation to
               calculate the concentration of vapor phase
               organics in each sample.
               C.=kA-hb         Eq.25E-4
                 7.5  Vapor Pressure of Organics in the
               Headspace Sample. Use the following
               equation to calculate the vapor pressure of
               organics in the sample.
               p*=/3Pi»C.    Eq.25E-5

              PART 280—HAZARDOUS WASTE
              MANAGEMENT SYSTEM: GENERAL

                 1. The authority citation for part 260
               continues to read as follows:
                 Authority: 42 U.S.C. 6905,6912(a), 6921-
              6927, 6930,  6934, 6935, 6937, 6938, 6939, and
              6974.

                 2. Section 260.10 is amended by.
               adding the following definitions in
               alphabetical order:

              §260.10 Definition*.
              *     *    *     *    *
                 Cover means a device or system
              which is placed on or over a waste
              being managed in a hazardous waste
              management unit so that the entire
              waste surface area is enclosed and
              sealed to minimize air emissions. A
              cover may have openings necessary for
              operation, inspection, and maintenance
              of the hazardous waste management
              unit such as access hatches, sampling
              ports, and gauge wells, provided that
               each opening is closed and sealed when
              not in use. Examples of covers include a
               fixed roof installed on a tank, a floating
              membrane cover installed on a surface
               impoundment, a lid installed on a
               container, and an air-supported
               enclosure installed over a hazardous
               waste management unit
  External floating roof means a
pontoon or double-deck type floating
roof that rests on the surface of a waste
being managed in a hazardous waste
management unit that has no fixed roof.
  Fixation means any physical or
chemical process that either reduces the
mobility of hazardous constituents in a
waste or eliminates free liquids as
determined by Test Method 9095 (Paint
Filter Liquids Test) in "Test Methods for
Evaluating Solid Waste, Physical/
-------
 33558          Federal Register / Vol. 56. No. 140 / Monday. July 22. 1991 / Proposed Rules
 Chemical Methods,** EPA Publication
 No. SW-848. Fixation includes mhrfng
 the waste with-binders or fixative
 materials, and curing the resulting waste
 and binder mixture. Other synonymous
 terms for fixation are stabilization and
 solidification.
   Fixed roof means a rigid cover that is
 installed in a stationary position so that
 it docs not move with fluctuations in the
 level of the waste placed in a hazardous
 waste management unit
   Floating roof means a cover consisting
 of a rigid deck or roof that rests upon
 and ia supported by the waste being
 managed in a hazardous waste
 management unit, and is equipped with
 a closure seal or seals to close the space
 between the cover edge and the
 hazardous waste management unit walL
  Floating membrane cover means a
 cover consisting of a synthetic flexible
 membrane material that rests upon and
 Is supported by the waste being
 managed in a hazardous waste
 management unit.
 •    •    *    *   •
  Internal floating roof means a floating
 roof that rests on the surface of a waste
 being managed in a hazardous waste
 management unit that has a fixed roof.
 *    *    *    •   *
  Liquid-mounted seal means a foam or
 liquid-filled primary seal mounted in
 contact with the liquid continuously
 around the circumference of the floating
 roof between the hazardous waste
 management unit wall and the edge of
 the floating roof.
  Loading means the placement of a
 waste into a hazardous waste
 management unit but not necessarily to
 the capacity of the unit [also referred to
 as "filling").
 *    •    •    «    »
  Maximum organic vapor pressure
 means the equilibrium partial pressure
 exerted by a waste at the temperature'
 equal to [1] the highest calendar-month
 average temperature of the waste if the
 temperature of the waste in the
 hazardous waste management unit is
 maintained at a temperature above or
 below the ambient temperature, or (2)
 the local maximum monthly average
 temperature as reported by the National
 Weather Service if the temperature of
 the waste in the hazardous waste
 management unit is maintained at the
 ambient temperature.
 *    *    «    *    *
  No detectable ozganic emissions
 means no escape of organics from a
 device or system to the atmosphere as
 determined by an instrument reading
less than 500 ppm by volume (ppmv)
 above the background level at each
joint, fitting, and seal when measured by
 the methods specified in Reference
 Method 21 in 40 CFR part 60 appendix
 A, and by no visible openings or defects
 in the device or system such as rips,
 tears, or gaps.
 *****

   Quiescent means a state in which a
 waste is managed without mixing,
 stirring, or shaking the waste using a
 device such as a mechanical mixer,
 agitator, aerator, or any system which
 creates flow induced turbulence.
 *     *  -  *   *     *

   Vapor-mounted seal means a foam-
 filled primary seal mounted
 continuously around the circumference
 of the hazardous waste management
 unit so that there is an annular vapor
 space underneath the seal. Hie annular
 vapor space is bounded by the bottom of
 the primary seal, the unit wall, the liquid
 surface, and the floating roof.
 *****

   Volatile organic concentration means
 the concentration by weight of organic
 compounds in a hazardous waste as
 determined by Reference Method 25D in
 40 CFR part 60 appendix A or Test
 Method 5100 in Test Methods for
 Evaluating Solid Waste, Physical/
 Chemical Methods," EPA Publication
 No.SW-846.
   Waste dilution means the intentional
 or unintentional reduction in the organic
 concentration of a hazardous waste due
 to mixing the hazardous waste together
 with another hazardous waste, solid
 waste, or nonhazardous waste for any
 purpose.
 *    *    *    *  " *
   3. Paragraph (a)  of { 260.11 is
 amended by adding the following
 references:

 §260.11 References.
   (a)  * * *
   "ASTM Standard Test Method for
 Vapor Pressure—Temperature
 Relationship and Initial Decomposition
 Temperature for Liquids by
 Isoteniscope," ASTM Standard D-2879-
 83, available from American Society for
 Testing and Materials [ASTM]. 1916
 Race Street. Philadelphia, Pennsylvania
 19103;
 *****

  "Evaporation Loss from External
Floating Roof Tanks," API Bulletin 2517
 [Second Edition (February 1980)],
 available from the American Petroleum
Institute, 1220 L SL, NW., Washington.
DC 20037.
 PART 264—STANDARDS FOR
 OWNERS AND OPERATORS OF
 HAZARDOUS WASTE TREATMENT,
 STORAGE, AND DISPOSAL
 FACILITIES

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

 Sufopart B—General Facility Standards

 §264.13  [Amended]
  5-7. In S 264.13. paragraph (b}(6) is
 amended by adding "264.1082," after the
 phrase "as specified in § S 264,17,
 264.314, 264.341, 264.1034(d),
 264.1063(d),".
  8. In § 284.13, paragraph (b)(8) is
 added to read as follows:

 § 264.13  General waste analysis.
 *****
  (b)  * * *
  (8) For owners and operators seeking
 an exception to the air emission
 standards of subpart CC in accordance
 with S 284.1081—
  (i) The procedures «"d schedules for
 waste sampling and analysis,  and the
 analysis of test data to verify the
 exception.
  (ii) Each generator's notice and
 certification of the volatile organic
 concentration hi the waste if the waste
 is received from off site.
§264.15 [Amended]
  9. In § 264.15, paragraph (b)(4) is
amended by removing the word "and"
after the phrase "frequencies called for
in §5 264.174, 284.194, 264.226, 264.253.
264.254, 264J03, 264.347, 264-602.
264.1033, 264.1052, 264.1053," and
inserting "264.1086. 264.1087, and
264.1090(b)," after "264.1058,".

Subpart E— Manifest System,
Recordkeepfng, and Reporting

  10. Section 264.73 is amended by
revising paragraphs (b][3) and (b)(6) to
read as follows:

§ 264.73 Operating record.
  [3) Records and results of waste
determinations performed as specified
in §§ 264.13, 264.17. 264.314, 264.341,
264.1034, 264.1063, 264.1082, 268.4{a), and
268.7 of this chapter.
*****
  (6) Monitoring, testing or analytical
data, and corrective action where
required by subpart F and §§ 264.226,
284.253, 264.254, 264.276, 264.278, 264.280.
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                  Federal Register / Vol SB, No. 14O / Monday, Jary 22. 1991  / Proposed Rates


  264.303,264.309,264.347,264.602.
  264.1034(cHf> 284J035. 264.1083(dHi).
  234.1064.284.1088, and 264.1090(b}.  .
    11. Section 264.77 is amended by
  revising paragraph (c) to read as
  follows:

  §264.77  Additional reports.
  **.***
    (c) As otherwise required by subparts
  F, K through N, AA, BB» and CC.

  Subpart t—Use and Management of
  Containers

    12. Section 264.179 is added to read as
  follows:

  §264.179  Air Emtesicn Standards.
    Containers shall be managed in
  compliance with the air emission
  standards provided in snbpart CC of this
  part

  Subpart J—Tank Systems

   13. Section 264.200 is added to read as
 follows:

 §264.200 Alremission standards.
   Tanks shall be managed in
 compliance with the air emission
 standards provided in subpart CC of this
 part.

 Subpart K—Surface Impoundments

   14. Section 264^32 is added, to read as
 follows:

 § 264.232  Air emission standards.
   Surface impoundments shall be
 managed in compliance with the air
 emission standards provided in subpart
 CC of this part

 Subpart X—Miscellaneous Units

 5 264.601  [Amended!
  15. The introductory text of 5 264.601
 is amended by inserting the words "and
 subparte AA through CC" after
 "subparta I through O".

 Subpart AA—Air Emission Standards
 for Process Vents

  16. Section 264.1033 is amended by
 adding paragraph (m] to read as follows:

 §264.1033  Standards: Closed-vent
 systems and control devices.
 *****
  (m) The owner or operator using •
 carbon adsorption system shall certify
 that all carbon removed from a carbon
 adsorption system to comply with
 S 264J033(gHh) of this part is either.
  (1) Regenerated or reactivated by a
process that mmhnim?s cmia*™^ of
organics to the atmosphere. (Note: EPA
  interprets "minimizes" as used in this
  paragraph to include the application of
 "effective control devices such as those
  required in this subpart): or
    (2) Incinerated by a process that
  achieves the performance standards
  specified in subpart O of this part
    17. In 40 CFR part 264, subpart CC is
  added to read as follows:

  Subpart CC—Air Emission Standards, for
  Tanks, Surface Impoundments, and
  Containers
  Sec.
  264.1080  Applicability.
  264.1081  Exceptions to the standards.
  264.1082  Waste determinations.
  264.1083  Standards: tanks.
  264.1084  Standards: surface impoundments.
  264.1085  Standards: containers.
  264.1088 Standards: closed vent systems
     and control devices.
  264.1067 Monitoring and inspection
     requirements.
 264.1088 Recordkeeping requirements.
 264.1089 Reporting requirements.
 264.1090 Alternative control requirements
     for tanks.

 Subpart CC-AIr Emission Standards
 for Tanks, Surface impoundments, and
 Containers

 §264.1080  Applicability.
   (a) The regulations in this snbpart
 apply to owners and operators of
 facilities mat treat store, or dispose of
 hazardous waste hi units that are
 subject to subparts I, J, K. and X of this
 part except as provided in § 284.1. of
 this part
   (b) For owners or operators meeting
 the applicability requirement in
 paragraph (a) of this section who
 received a final permit under section
 3005 of RCRA prior to the effective date
 of this rule (6 months after the
 promulgation date of the final rule);
   (1) The requirements of this subpart
 shall be incorporated into the permit
 when the permit is reissued under
 S 124.15 or reviewed under 1270.50(6*).
   (2) Until permit reissue or review, the
 requirements of subpart CC in part 285
 of this title apply.

 §264.10*1 Exceptions to th» standards.
  (a) A hazardous waste management
 unit is excepted from standards
 pursuant to &§ 2844083,284.1084, and
 264.1085 of mis subpart provided that
 the owner or operator meets all of the
 following requirements:
  (1) Determines in accordance with the
 procedures specified in § 284.1082 of mis
 subpart mat the waste placed hi the
 hazardous waste management unit at aB
 times has a volatile organic
 concentration less than. 500 parts per
million by weight (ppmwj at either:
    (i) A point before the waste is first
  exposed to the atmosphere such as in . .
  enclosed pipe or other closed system
  that is used to transfer the waste after
  generation to the first hazardous waste
  management unit; or                :
    (ii) The outlet from a treatment unit
  that
    (A) Removes or destroys organics in
  the waste using a means other than by
  waste dilution or evaporation into the
  atmosphere; and
    (B) Is in compliance with all
  applicable standards in this part
    (2) Performs the waste determination
  required by paragraph (a)(lj of this
  section at least once per year and
  whenever .the process, operation, or.
  source generating the waste changes in
  suck a manner that the volatile organic
  concentration  of the waste may rhangp.
    (b) An owner or operator may place
  waste in a hazardous waste
  management unit without the control
  equipment specified in §§ 264.1083,
  264.1084, and 264.1085 of this subpart
  provided that the owner or operator
  provides documentation certifying that
  the waste placed in the hazardous waste
  management unit complies with the
  applicable treatment standards for  .
  organic-containing waste pursuant  to
  the requirements of subpart D in part
  268 of this title.

 §264.1082 Waste determinations.
   (a} Waste volatile organic
 concentration determination for an
 exception under f 264.1081(a)(l)(i} of
 this subpart
   (1J The owner or operator shall use
 either direct measurement, knowledge of
 the waste, or waste certification to
 determine the volatile organic
 concentration of the waste hi
 accordance with the following
 requirements:
   {i} Direct measurement [A] All waste
 samples shall be collected at a point
 before the waste is first exposed to the
 atmosphere and at a time when the
 maximum volatile organic concentration
 in the waste stream is expected to occur.
 The sampling program shall be
 conducted in accordance with the
 requirements specified hi "Test Methods
 for Evaluating Solid Waste, Physical/
 Chemical Methods," EPA Publication
 No.SW-846.
  (BJ A minimum of four representative
 samples shaH be collected and analyzed
 using the test procedures specified m
Reference Method 25D hi 40 CFR part 60
appendix A or Test Method 5100 in
"Test Methods for Evaluating Solid
Waste. Physical/Chemical Methods."
EPA Publication No. SW-846; and the
-------
 33560
Federal  Register / Vol. 56,  No. 140 / Monday, July 22, 1991 / Proposed Rules
 calculation procedure specified in
 appendix X of this part
   (C) If the waste volatile organic
 concentration determined in paragraph
 (a)(l)(i)(B) of this section is less than 500
 ppmw, then the waste may be placed in
 a hazardous waste management unit
 pursuant to § 284.1081(a) of this subpart
   (U) Knowledge of the waste. The
 owner or operator shall provide
 sufficient information to document that
 the volatile organic concentration of the
 waste at all times is less than 500 ppmw.
 Examples of information that may be
 used include documentation that the
 waste is generated by a process for
 which no orgauks-containing materials
 are used, or the waste is generated by a
 process for which it previously has been
 determined by direct measurement at
 other locations using the same type of
 process that the waste has a volatile
 organic concentration less than 500
 ppmw.
   (ill) Waste Certification. If an owner
 or operator cannot perform the waste
 determination at a point before the
 waste is first exposed to the atmosphere
 because the waste is generated off site,
 then the owner or operator may
 determine the waste volatile organic
 concentration upon receiving the waste
 from the generator provided the waste is
 accompanied by:
  (A) A notice that includes the
 following information:
  (2) EPA Hazardous Waste Number,
  (2) Manifest number associated with
 the shipment of hazardous waste, and
  (3) Volatile organic concentration
 waste determination results obtained in
 accordance with the methods specified
 in paragraph (a)(l)(i) or (a)(l)(ii) of this
 section.
  (B) Certification that is signed and
 dated by an authorized representative of
 the generator and states the following:
  I certify under penalty of law that I
 personally have examined and am familiar
 with the waste through analysis and testing
 or through knowledge of the waste, and I
 support this certification that the waste does
 not exceed a volatile organic concentration of
 600 ppmw. I believe that the information
 submitted is true, accurate, and complete. I
 am aware that there are significant penalties
for submitting a false certification, including
 the possibility of a fine and imprisonment
  (2) The Regional Administrator may
request at any time that the owner or
 operator perform a waste determination
in accordance with paragraph (a)(l)(i) of
 this section. A result from the waste
 determination requested by the Regional
Administrator indicating that the waste
volatile organic concentration is equal
 to or greater than 500 ppmw shall be
conclusive evidence that each
hazardous waste management unit hi
                      which the waste has been placed is not
                      excepted from standards pursuant to
                      §§-264.1083, 264.1084, and 264.1085 of
                      this subpart
                        fb) Waste determination of volatile
                      organic concentration for an exception
                      under § 264.1081(a)(l)[ii) of this subpart.
                        (1] The owner or operator shall use
                      either direct measurement or knowledge
                      of the waste to determine the volatile
                      organic concentration of the waste at
                      the outlet of the treatment unit and
                      whether waste dilution was used to
                      achieve this concentration in
                      accordance with the following
                      requirements:
                        (i) Direct measurement. (A)
                      Determination of the volatile organic
                      concentration of the waste at the outlet
                      from the treatment unit
                        (1) All waste samples shall be
                      collected at the treatment unit outlet and
                      at a time when the maximum volatile
                      organic concentration in the waste
                      stream is expected to occur. The
                      sampling program shall be conducted in
                      accordance with the requirements
                      specified in 'Test Methods for
                      Evaluating Solid Waste, Physical/
                      Chemical Methods," EPA Publication
                      No. SW-«46.
                        (2) A minimum of four representative
                      samples shall be collected and analyzed
                      using the test procedures specified hi
                      Reference Method 25D in 40 CFR part 60
                      appendix A or Test Method 5100 in
                      "Test Methods for Evaluating Solid
                      Waste, Physical/Chemical Methods,"
                      EPA Publication No. SW-846; and the
                      calculation procedure specified in
                      appendix X of this part
                        (B) Determination that no waste
                      dilution has occurred.
                        (1) Representative waste samples for
                      each waste stream entering and exiting
                      the  treatment unit shall be collected as
                      near in time as possible. The sampling
                      program shall be conducted in
                      accordance with the requirements
                      specified in 'Test Methods for
                      Evaluating Solid Waste, Physical/
                      Chemical Methods," EPA Publication
                      No. SW-846.
                        {2} The samples shall be analyzed
                      using the test procedures specified in
                      Reference Method 25D in 40 CFR part 60
                      appendix A or Test Method 5100 in
                      'Test Methods for Evaluating Solid
                      Waste, Physical/Chemical Methods,"
                      EPA Publication No. SW-846 to
                      determine the volatile organic
                      concentration of each waste stream
                      entering and exiting the treatment unit
                      A weighted average volatile organic
                      concentration for all of the waste
                      streams entering the treatment unit shall
                      be calculated using the procedure
                      specified in appendix XI of this part
  (3) If the weighted average volatile
organic concentration for all streams
entering the treatment unit is greater
than the volatile organic concentration
for the waste stream exiting the
treatment unit as determined in
accordance with paragraph
(b)(l)(i)(B}(2) of this section, then no
waste dilution has occurred.
  (C) If the waste volatile organic
concentration at the outlet of the
treatment unit as determined in
paragraph (b)(l)(i)(A) of this section is
less  than 500 ppmw and no waste
dilution has occurred as determined in
paragraph [b)(l)(i)(B) of this section,
then the waste may be placed in a
hazardous waste management unit in
accordance with § 264.1081(a) of this .
subpart.
  (ii) Knowledge of the waste. The  ''
owner or operator shall provide
sufficient information to document  that
the volatile organic concentration of the
waste exiting the treatment unit is less
than 500 ppmw at all times and that ho
waste dilution has occurred.
  (2) The Regional Administrator may
request at any time that the owner  or
operator perform a waste determination
in accordance with paragraph (b)(l)(i) of
this  section. A result from the waste
determination requested by the Regional
Administrator indicating that the waste
volatile organic concentration is equal
to or greater than 500 ppmw or that
waste dilution has occurred shall be
conclusive evidence that each
hazardous waste management unit hi
which the waste has been placed is not
excepted from standards pursuant to
§§ 264.1083, 264.1084, and 264.1085 of
this subpart.
  (c) Waste determination of maximum
organic vapor pressure for a tank having
a design capacity equal to or greater1
than 75 m* in accordance with
5 264.1083(bX2) of this subpart
  (1) The owner or operator shall use
either direct measurement or knowledge
of the waste to determine the maximum
organic vapor pressure of the waste in
accordance with the following
requirements:
  (i) Direct measurement (A) All Waste
samples shall be collected at the inlet to
the tank. Sampling shall be conducted in
accordance with the requirements
specified hi 'Test Methods for
Evaluating Solid Waste, Physical/
Chemical Methods," EPA Publication
No. SW-846.
  (B) Any one of the following methods
may be used to analyze the samples and
compute the maximum organic vapor
pressure:                        I
  (1) Reference Method 25E in 40 CFR
part  60 appendix A or Test Method 5110
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                  Federal Register / Vol. 56, 'No. 140 / Monday. July 22,  1991 / Proposed Holes
                                                                       33563
  in "Test Methods for Evaluating Solid
  Waste, Physical/Chemical .Methods,"
  EPA Publication No. SW-848;
    (2) Methods described in American
  Petroleum Institute Bulletin 2517,
  "Evaporation Loss from External
  Floating Roof Tanks," (incorporated by
  reference— refer to § 260.11);
    (3} Methods obtained from standard
  reference texts;
    (4) ASTM Method 2879-83
  (incorporated by reference — refer to
  § 260.11]; or
    (5) Any other method approved by the
  Regional Administrator.
    (ii) Knowledge of the waste. The
  owner or operator shall provide
  sufficient information to document that
  the maximum organic vapor pressure at
  all times is less man the maximum
  vapor pressure limit for the appropriate
  tank design capacity category specified
  in § 264.1083(b)(2)(i)(D). Examples of
•  information that may be used include
  documentation that the waste is
  generated by a process for which no
  organics-containing materials are used,
  or the waste is generated by a process
 for which at other locations it previously
 has been determined by direct
 measurement that the waste mayinmnn
 organic vapor pressure is less than the
 maximum vapor pressure limit for the
 appropriate tank design capacity
 category specified in
 § 264J083(b)(2)(i)(D) of this subpart
   (2) The Regional Administrator may
 request at any time that the owner or
 operator perform a waste determination
 in accordance with paragraph (c)(I)(i) of
 this section. A result from the waste
 determination requested by the Regional
 Administrator indicating that the waste
 maximum organic vapor pressure
 exceeds the appropriate maximum
 organic vapor pressure limit for the
 appropriate tank design capacity
 category specified in.
 § 264.1083{b)(2)(i)(D) shall be conclusive
 evidence that each tank in which the
 waste has been placed is not excepted
 from requirements pursuant to
 § 264.1083(b)(l) of this subpart

 § 264. 1083  Standards: tanks.
  (a) Applicability. This section applies
 to the owner or operator of a facility
 where hazardous waste is placed in
 tanks except as provided in 5 264.1081
 of this subpart
  (fa) Design and operation of control
  (1) The owner or operator shall meet
one of the following control equipment
requirements except as provided in
paragraph (b)(2) of this section:
  (i) Install, operate, and maintain a
fixed roof cover and closed vent system
  that routes the organic vapors vented
  from the tank to a control device.
..   (A) The fixed roof shall meet the
  following requirements:
    (1) The cover and all cover openings
  (e.g., access hatches, sampling ports,
  and gauge wells) shall be designed to
  operate with no detectable organic
  emissions.
    [2] Each cover opening shall be
  maintained in a closed, sealed position
  [e.g., covered by a lid that is gasketed
  and latched) at all times that waste is in
  the tank except when it is necessary to
  use the opening for waste loading,
  removal, inspection, or sampling.
   (B) The closed vent system and
  control device shall be designed and
  operated hi accordance with the
  requirements of §  264.1086 of this
 subpart.
.   (ii) Install, operate, and maintain a
 pressurized tank that is designed to
 operate at a pressure in excess of 204.9
 kPa (29.7 psi) and  that operates with no
 detectable organic emissions.
   (iii) Install, operate, and maintain
 alternative control equipment in
 accordance with the requirements of
 § 264.1090 of this subpart.
   (2) As an alternative to the control
 equipment specified in paragraph (b)(l)
 of this section, an  owner or operator
may install, operate, and maintain on a
tank that meets all of the conditions
specified in paragraph (b)(2)(i) of mis
section a fixed roof as specified in
paragraph (b)(2)[ii) of this section.
   (i) The waste placed in the tank shall
meet the following conditions:
   (A) The waste is quiescent at all times
that the waste is managed in the tank;
   (B) The waste is not managed in the
tank using a waste fixation process;
   (C) The waste is not managed in the
tank using a process that  requires the
addition of heat to the waste or
produces an exothermic reaction; and
   (D) The waste is either:
   (i) Placed in a tank having a design
capacity less than 75 ma [19,789 gal);
   (2) Placed in a tank having a design
capacity greater than or equal to 75 ms
(19,789 gal) but less than 151 m* (39,841
gal), and the waste has a maximum
organic vapor pressure less than 27.6
kPa (4.0 peij-, or
   (3) Placed in a tank having a design
capacity greater than or equal to 151 m*
(39£41 gal), and the waste has a
maximum -organic vapor pressure less
than 5.2 kPa (0.75 psi}.
   (ii) The fixed roof shafl meet the
following requirements:
  • (A) The cover and all cover openings
(e.g., access hatches, sampling ports,
and gauge wells) shall be designed to
operate with no detectable organic
emissions.
    (B) Each cover vent mat discharges to
  .the atmosphere shall be equipped with a
  pressure-relief valve, a pressure-vacuum
  valve, a pilot-operated relief valve, or
  equivalent pressure-relief device. The
  device shall be operated so that no   ;
.. detectable organic emissions occur from
  the vent except during periods when
  conditions such as filling or emptying
  the tank or diurnal temperature changes
  require venting of the tank to prevent
  physical damage or permanent
  deformation of the tank or cover.
    (C) Each cover opening shall be
  maintained in a closed, sealed position
  (e.g., covered by a lid that is gasketed
  and latched) at all times that waste is in
  the tank except when it is necessary to
  use the opening for waste loading,
  removal, inspection, or sampling.       •
    (3) No waste shall be placed in. the
  tank whenever control equipment '  •
  specified in paragraphs (b)(l) or (b)(2) of
  this section is not in operation.
    (c) The owner and operator shall
  install, operate, and maintain enclosed
  pipes or other closed systems to:
    (1) Transfer waste to the tank from all
  other hazardous waste management
  units subject to standards pursuant  to
  §§ 264.1083,264.1084, and 264.1085 of
  this subpart, and
    (2) Transfer waste from the tank to all
  other hazardous waste manngptnt>nt
  units subject to standards pursuant to
  § § 264.1083, 2644034. and 2644085 of
  this subpart.

 §264.1084  Standards: surface
 Impoundments.
   (a) Applicability. This section applies
 to  the owner or operator of a facility
 where hazardous waste is placed in
 surface impoundments, except as
 provided hi § 2644081 of this subpart
   (b) Design and operation of control
 equipment
  (1) The owner or operator shall install.
 operate, and maintain on each surface
 impoundment a cover (e.g, air-
 supported structure, rigid cover) and
.closed vent system that routes all
 organic vapors vented from the surface
 impoundment to a control device except
 as provided in paragraph (b)(2) of this
 section:
  (i) The cover shall meet the following
 requirements:
  (A) The cover and all cover openings
 (e.g., access hatches, sampling ports,
 and gauge wells) shall be designed to
 operate with no detectable organic   -v
 emissions.
  (B) Each cover opening shall be
 maintained in a dosed, sealed position
 (e.g., covered by a fid that is gasketed
 and latched} at all times that waste is in
 the surface impoundment except when it
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 33562
Federal Register / Vol. 56, No. 140  /  Monday, July 22, 1991  /  Proposed Rules
 Is necessary to use the opening for
 waste loading, removal, inspection, or
 sampling, or for.equipment inspection,*
 maintenance, or repair.
   (ii) The closed vent system and
 control device shall be designed and
 operated in accordance with § 264.1086
 of this subpart
  (2) As an alternative to the control
 equipment specified in paragraph (b)(l)
 of this section, an owner or operator
 may install, operate, and maintain on a
 surface Impoundment that meets  all of
 the conditibns specified in paragraph
 (b)(2)(i) of this section either a floating
 membrane cover as specified in
 paragraph (b)(2)(ii) of this section or a
 cover as specified in paragraph (b)(2)(iii)
 of this section.
  (i) The waste placed in the surface
 impoundment shall meet the following
 conditions:
  (A) The waste is quiescent at all times
 that the waste is managed in the surface
 impoundment;
  (B) The waste is not managed in the
 surface impoundment using a waste
 fixation process;
  (C) The waste is not managed hi the
 surface impoundment using a process
 that requires the addition of heat  to the
 waste or produces an exothermic
 reaction,
  (ii) The floating membrane cover shall
 meet the following requirements:
  (A) Be designed, constructed, and
 installed so that when the surface
 impoundment is filled to capacity, the
 waste surface area is covered
 completely;
  (B) The floating membrane cover and
 all cover openings (e.g., access hatches,
 sampling ports, and gauge wells) shall
 be designed to operate with no
 detectable organic emissions.   •:
  (C) Each cover opening shall be
 maintained in a closed, sealed position
 (e.g., covered by a lid that is gasketed
 and latched) at all times waste is  in the
 surface impoundment except when it is
 necessary to use the opening for waste
 loading, removal, inspection,  or
 sampling.
  (D) The synthetic membrane material
 used for the floating membrane cover
 shall be either:
  (I) High density polyethylene with a
 thickness no less than 2,5 mm (100 mils).
 op
  (2) A material or a composite of
 different materials determined to have
 all of the following:   ,         ,.
  (i) Organic permeability properties
 that are equivalent to those of the
material specified in paragraph
 (b)(2](ii)(D)(l) of this section, and   •
  (//) "Chemical and physical properties
 that maintain the material integrity for .
•along as the cover is in use. Factors
                       that shall be considered in selecting the
                       material include: the effects of contact
                       with the waste managed in the
                       impoundment, weather exposure, and
                       cover installation and operation
                       practices.
                        (iii) The cover shall meet the following
                       requirements:
                        (A) The cover and all cover openings"
                       (e.g., access hatches, sampling ports,
                       and gauge wells) shall be designed to
                       operate with no detectable organic
                       emissions.
                        (B) The waste surface shall be
                       completely enclosed by the cover and
                       the air space underneath the cover shall
                       not be vented to the atmosphere.
                        (3) No waste shall be placed in the
                       surface impoundment whenever control
                       equipment specified in paragraph (b)[l)
                       or (b)(2) of this section is not in
                       operation.
                        (c) The cover shall be used at all times
                       that any waste is placed in the surface
                       impoundment except during removal of
                       treatment residues in accordance with
                       § 268.4 of this title or closure of the
                       surface impoundment in accordance
                       with § 264.228 of this part
                        (d) The owner or operator shall
                       install, operate, and maintain enclosed
                       pipes or other closed systems to:
                        (1) Transfer waste to  the surface
                       impoundment from all other hazardous
                       waste management units subject to
                       standards pursuant to §§ 264.1083,
                      264.1084, and 264.1085 of this subpart
                       and
                        (2) Transfer waste from the surface
                       impoundment to all other hazardous
                      waste management units subject to
                       standards pursuant to §§ 264.1083,
                      264.1084. and 264.1085 of this subpart

                      §264.1085 Standards: containers.
                        (a) Applicability. This section applies
                      to the owner or operator of a facility
                      where hazardous waste is placed in
                      containers except as provided in
                       § 264.1081 of this subpart
                        (b) Design and operation of control
                      .equipment (1) The owner or operator
                      shall install, operate, and maintain a   ,
                      cover on each container used to handle,
                      transfer, or store waste  in accordance
                      with the following requirements:
                        (A) The cover and all cover openings
                      (e.g., bungs, hatches, and sampling
                      ports) shall be designed to operate with
                      no detectable organic emissions.
                        (B) Each cover opening shall be
                      maintained in a closed,  sealed position
                      (e.g., covered by a lid that is gasketed
                      and latched) at all times that waste is in
                      the container except when it is      -   '
                      necessary to use the opening for waste
                      loading, removal inspection, or       :.
                      sampling.                   •   •
   (2) Treatment of a waste in a
 container by either waste fixation, a
 process that requires the addition of
 heat to the waste, or a process that
 produces an exothermic reaction shall
 be performed by the owner or operator
 in a manner'such that during the
 treatment process whenever it is
 necessary for the container to be open,
 the container is located under a cover
 (e.g., hood, enclosure) with a closed vent
 system that routes all organic vapors
 vented from the container to a control
 device.                    ••
   (i) The cover and all cover openings
 (e.g., doors, hatches) shall be designed
 to operate with no detectable organic
 emissions.
   (ii) The closed vent system and
 control device shall be designed and
 operated in accordance with § 264.1086
 of this subpart
   (3) The owner or operator shall load
 pumpable waste into a container using a
 submerged fill pipe placed so that the
 outlet extends to within two fill pipe
 diameters of the bottom of the container
 while the container is being loaded.
 During loading of the waste, the cover
 shall remain in place and all cover
 openings shall be maintained in a
 closed, sealed position except for those
 cover openings required for the
 submerged fill pipe and for venting of
 the container to prevent physical
 damage or permanent deformation of
 the container or cover.

 §264.1086 Standards: closed vent
 system* and control devices.
  (a) Applicability. This section applies
 to the owner or operator of a facility
 where a closed vent system and control
 device is used to comply with standards
 pursuant to §§ 264.1083, 264.1084, or
 264.1085 of this subpart
  (b) The owner or operator shall
 properly design, install, operate, and
 maintain each closed vent system and
 control device in accordance with the
 following requirements:
  (1) The closed vent system shall  '
 operate with no detectable organic
 emissions at all times that any waste is
 hi the hazardous waste management
unit being'controlled.             •
  (2) The control device shall operate at
 the conditions that reduce the organics
in the gas stream vented to it by at  least
95 percent by weight or at the conditions
specified in § 264.1033 (c) and (d) of this
part at all times that any waste is in the
hazardous waste management unit
being controlled.
  (c) The owner or operator shall
determine that each control device   -
achieves the appropriate conditions
specified in paragraph (b)(2) of this •
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                 Federal Register / Vol. 56, No.  140 / Monday, July 22, 1991 / Proposed Rules
                                                                      33563
 section Ji accordance with the following
 requirements:
   (1) The owner or operator of a control
 device other than a flare or carbon  '
 adsorption system shall use one of the
 following methods:
   (i) Engineering calculations in
 accordance with requirements specified
 in § 264.1035(b)(4)(iii) of this part; or
   (ii) Performance tests performed using
 the test methods and procedures in
 accordance with requirements specified
 in § 264.1034 (c)(lHc)(4) of this part.
   (2) The owner or operator of a flare
 shall use the method specified in
 § 2B4.1033(e) of this part
   (3) The owner or operator of a carbon
 adsorption system shall use either one
 of the methods specified in paragraph
 (c)(l)(i) or (c)(l)(ii) of this section based
 on the total quantity of organics vented
 to the atmosphere from all carbon
 adsorption system equipment that is
 used for organic adsorption, organic
 desorption or carbon regeneration,
 organic recovery, and carbon disposal.
   (id) If the owner or operator and the
 Regional Administrator do not agree on
 a determination using engineering
 calculations of a control device organic
 emission reduction or, for external
 combustion devices, organic compound
 concentrations, then the disagreement
 shall be resolved based on the results of
•performance tests performed by the
 owner or operator using the test
 methods and procedures as required in
 § 264.1034 (c)(lHc)(4) of this part. The
 Regional Administrator may elect to
 have an authorized representative
 observe the performance tests.
   (e) The owner or operator using a
 carbon adsorption system shall comply
 with § 264.1033 (g) and (h) of this part,
 and shall certify mat all carbon removed
 from the carbon adsorption system is
 either:
   (1) Regenerated or reactivated by a
 process that minimizes emissions of
 organics to the atmosphere. (Note: EPA
 interprets "minimizes" as used in this
 paragraph to include the application of
 effective control devices such as those
 required in this subpart); or
   (2) Incinerated by a process .that
 achieves the performance standards
 specified in subpart 0 of this part.

 § 264.1087  Monitoring and Inspection
 requirements.
   (a] Applicability. This section applies
 to the owner or operator of a facility
 where control equipment is used
 pursuant to §§ 264.1083,264.1084, or
 264.1085 of this subpart.
   (b) The owner or operator shall
 monitor and inspect each cover, except
 for internal floating roofs and external
 floating roofs complying with S 264.1090,
in accordance with the following
requirements:
  (1) The owner or operator shall
visually inspect each cover initially
upon installation of the cover and
thereafter at least once per week. The
visual inspection shall include
inspection of fabric and sealing material
on all openings for evidence of visible
defects such as rips, gaps, or tears. If
visible defects are observed during an
inspection, then a leak is detected and
the leak shall be repaired in accordance
with paragraph (b)(3) of this section.
  (2) The owner or operator shall
monitor each cover in the following
manner:
  (i) Each cover connection and seal
shall be monitored initially upon
installation of the cover and thereafter
at least once every six month's in
accordance with Reference Method 21 hi
40 part 60 appendix A.
  (ii) If the monitoring instrument  .
indicates detectable emissions (i.e., a
concentration above 500 ppmv), then a
leak is detected and the leak shall be
repaired in accordance with paragraph
(b)(3) of this section.
  (iii) Seals on floating membrane
covers shall be monitored around the
entire perimeter of the cover at locations
spaced no greater than 3 meters apart
  (3) When a leak is detected by either
of the methods specified in paragraphs
(b)(l) or (b)(2) of this section, the owner
or operator shall repair the leak in  the
following manner:
  (i) Repair of the leak shall be
completed as soon as practicable, but no
later than 15 calendar days after the
leak is detected. If repairs cannot be
completed within 15 days except as
provided in paragraph (b)(3](iii) of this
section,  the owner or operator shall not
add waste to the hazardous waste
management unit until the repair is
complete.
  (ii) A first attempt at repair of each
leak shall be made no later than 5
calendar days after the leak is detected.
  (iii) Repair of control equipment
installed to comply with S 264.1084(b) of
this subpart and for which leaks have
been detected may be delayed beyond
15 calendar days if the owner or
operator documents that the repair
cannot be completed without a complete
or partial facility or surface
impoundment shutdown and that
delaying the repair would not cause the
control equipment to be significantly
less protective of human health and the
environment Repair of this control
equipment shall be completed before the
end of the next facility or surface
impoundment shutdown.
  (c) The owner or operator shall
monitor and inspect each closed vent
 system and control device in accordance
_.with the following requirements:
   (1) The owner or operator shall
 monitor each control device in
 accordance with §§ 264.1033(f)(l) and
 264.1033 (f)(2) of this part. The owner or
 operator shall inspect at least once each
 operating day all data recorded by the
 control device monitoring equipment
 (e.g., temperature monitors) to check
 that the control devices are being
 operated in compliance with this
 subpart.
   (2) The owner or operator shall
 visually inspect each closed vent system
 and control device installed initially
 upon installation of the equipment and
 thereafter at least once per week. The
 visual inspection shall include
 inspection of ductwork and piping'and • •
 then* connections to covers and control
 devices for evidence of visible defects
 such as holes in ductwork or piping and
 loose connections. If visible defects are
 observed during an inspection, the
 closed vent system and control device
 shall be repaired hi accordance with
 paragraph (c)(4) of this section.
   (3) The owner or operator shall
 monitor each closed vent system and
 control device in the following manner:
   (i) Each cover connection and seal
 shall be monitored initially upon
 installation of the equipment and
 thereafter at least once every year in
 accordance with Reference Method 21.
   (ii) If the monitoring instrument
 indicates detectable emissions (i.e., a
 concentration above 500 ppmv), then a
 leak is detected and the leak shall be
 repaired in accordance with paragraph
 (c)(4) of this section.
   (4) When a defect or leak is detected
 by either of the methods specified in
 paragraph (c)(2) or (c)(3) of this section,
 the owner or operator shall repair the
 defect or leak in the following manner:
   (i) Repair of the defect or leak shall be
 completed as soon as practicable,  but no
 later than 15 calendar days after the
 defect or leak is detected. If repairs
 cannot be completed within 15 days,
 then the owner or operator shall not add
 waste to the hazardous waste
 management unit until the repair is
 complete.
   (ii) A first attempt at repair of each
 defect or leak shall be made no later
 than 5 calendar days after the defect or
 leak is detected.
   (d) The owner or operator shall
 develop and follow a written schedule
 for all  monitoring and inspection
 requirements of this section used to
 comply with this .subpart The owner or
 operator shall incorporate this schedule
 into the facility inspection plan
 described in $ 264.15 of this part
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 33564
Federal Register  / VoL 56, No. 140 / Monday, July 22, 1991  / Proposed Rules
 §204.1081
   (a) An owner or operator placing
 waste In a hazardous waste
 management unit using control
 equipment pursuant to §§ 264.1033,
 281.1064, or 284,1065 of this subpart shall
 record the following information:
   (1) Engineering design documentation
 for each cover that includes:
   (i) Cover type,
   (ii) Cover manufacturer's name and
 model number,
   (ill) Cover dimensions,
   (iv) Materials used to fabricate cover,
   (v) Mechanism used to install cover
 on tho waste management unit and seal
 the cover perimeter.
   (vi) Type, size, and location of each
 cover opening, and
   (vil) Mechanism used to dose and
 seal each cover opening identified in
 paragraph. (e){l)[vi) of this section
   (2) Documentation for each closed
 vent system and control device that
 includes:
   (i) Certification that Is signed and
 dated by tie owner or operator stating
 that tho control device is designed to
 operate «t the performance level
 documented by paragraph (a)(2)(ii) or
 (a](2)[UlJ of this section when the
 hazardous waste management unit is or
 would be operating at capacity or the
 highest level reasonably expected to
 occur.
   (ii) If engineering calculations are
 used, then design documentation as
 specified In S 284.1035tb)t4) of this part.
 Documentation provided by the control
 device manufacturer or vendor that
 describes the control device design in
 accordance with  5 284.1035(b)(4)(iii) of
 this part and certifies that the control
 equipment meets the specifications may
 be used to comply with this requirement
  (111) If performance tests are used,
 then & performance test plan as
 specified in § 2WL1035(b)[3) of this part
 and all test results.
  (iv) Information as required by
 § 204.1035 (c)(l) and (c){2).
  (3) Records for all visual inspections
 conducted in accordance with § 269.1087
of this subpart
  (4) Records for all Reference Method
21 monitoring conducted in accordance
with § 264.1087 of this subpart
  (5) Records for all continuous
monitoring conducted in accordance
with11281.1067 of this subpart
  (b) An owner or operator placing
waste having a volatile organic
 concentration equal to or greater man
500 ppmvr in * tank pursuant to
 S 284.1DB3(bK2) of this subpart shall
record the following Information for
each tank
  (1) Date, time, and location each
waste sample is collected for direct
                      measurement waste determination of
                      maximum organic vapor pressure in
                      accordance with § 264.1082 of this
                      subpart
                        (2) Results of each waste
                      determination for maximum organic
                      vapor pressure performed in accordance
                      with § 264.1082(c) of this subpart.
                        (3) Records specifying the tank
                      dimensions and design.
                        (4) If die maximum organic vapor
                      pressure of the waste placed in the tank
                      exceeds the maximum organic vapor
                      pressure limit for the tank's design
                      capacity category specified in
                      § 264.1083(b)(2)(i)(D) of mis subpart,
                      then an explanation of the reason or
                      reasons why the waste was not
                      managed in accordance with this
                      subpart
                        (c) An owner or operator placing
                      waste in a hazardous waste
                      management unit pursuant to
                      § 264.1081(a)(lXi) of this subpart shall
                      record the following information for
                      each waste management unit:
                        (1) Date, time, and location that each
                      waste sample is collected for direct
                      measurement waste determination of
                      volatile organic concentration in
                      accordance with $ 264.1081(a) of this
                      subpart
                        (2] All waste determination volatile
                      organic concentration results from either
                      direct measurements performed in
                      accordance with § 264.10B2(a)(l)p) of
                      this subpart or knowledge documented
                      in accordance with § 264.1082{a)(l)(ii) of
                      this subpart.
                        (3) If die volatile organic
                      concentration of the waste placed in the
                      waste management unit is equal to or
                      greater than 500 ppmw, then an
                      explanation of die reason or reasons
                      why the waste was not managed in
                      accordance with this subpart.
                        (d) An owner or operator placing
                      waste in a hazardous waste
                      management unit pursuant to
                      5 264.1081(aXlHii) of this subpart shall
                      record die following information for
                      each waste management unit
                        (1) Date, time, and location mat each
                      waste sample is collected for direct
                      measurement determination of volatile
                      organic concentration in accordance
                      with S 264.1081(a) of this subpart
                        (2) AD waste determination volatile
                      organic concentration results from either
                      direct measurements performed in
                      accordance with § 264.1082(b)(l)(i) of
                      this subpart or knowledge documented
                      in accordance with $ 264.1082(b)(l)[ii) of
                      this subpart.
                        (3) If the volatile organic
                      concentration of the waste placed in the
                      waste management unit is equal to or
                      greater than 500 ppmw, then an .
                      explanation of die reason or reasons
why the waste was not managed in
accordance with this subpart..
  '(e) All records required by paragraphs
(a), (b), (c) and (d) of mis section except
as required in paragraphs (a){3), (a)(4),
and a(5) shall be maintained in the
operating record until closure of the:
facility. All records required by
paragraph (a)(3), (a)(4), and (a)(5) of this
section shall be maintained in the
operating record for a minimum of three
years.
  (f) Hie owner or operator of any
facility mat is subject to this subpart
and to the control device regulations in
40 CFR 60 subpart W, or 40 CFR 81
subpart V, may elect to demonstrate
compliance with this subpart by
documentation either pursuant to this
subpart, or pursuant to the provisions of
40 CFR part 60 or 61. to the extent that
the documentation under 40 CFR part 60
or part 61 duplicates the documentation
required under this subpart.
(Approved by the Office of Management and
Budget under control number 2060-	.)

§ 264.1089 Reporting requirement*.
  (a) The owner or operator of a facility
where a hazardous waste management
unit is excepted from standards
pursuant to S 284.1081{a) shall report the
results of each waste determination
completed in accordance with § 264.1082
(a) or (b) whenever the volatile organic
concentration of the waste placed in the
hazardous waste management unit is
equal to or greater than 500 ppmw. the
report shall be signed and dated by an
authorized representative of the owner
or operator, and include the EPA
identification number, facility name and
address, and an explanation of die
reason or reasons why the waste was
not managed in accordance with this
subpart The owner or operator shall
submit this report to die Regional
Administrator within 30 calendar days
after die owner or operator has
completed die determination. Failure to
report shall constitute noncompliance
with this subpart
  (b) The owner or operator of a facility
where a tank is excepted from     ;
standards pursuant to § 284.1083(b}(2)
shall report die results of each waste
determination completed in accordance
with § 264.1082(c) whenever die    ;
maximum organic vapor pressure of die
waste placed in die tank exceeds die
maximum organic vapor pressure limit
for die tank's design capacity category
specified in $ 284.1083(b)(2)(i)(D). The
report shall be signed and dated by an
authorized representative of die owner
or operator, and include the EPA   .
identification number, facility name and
address, and an explanation of die
-------
                  Federal Register / Vol.  56, No. 140 / Monday, July 22, 1991 / Proposed Rules
                                                                      33565
 reason or reasons why the waste was
 not managed in accordance with this
 subpart. The owner or operator shall
 submit this 'report to the Regional  ••
 Administrator within 30 calendar days
 after the owner or operator has
 completed the determination. Failure to
 report shall constitute noncompliance
 with this subpart.
   (c) The owner or operator of a facility
 where a control device is used to
 comply with §§ 264.1083, 264.1084, or
 264.1085 of this subpart  shall report each
 occurrence when a control device is
 operated continuously at conditions
 which exceed for 24 hours or longer the
 appropriate control device operating
 values defined in § 264.1035(c)(4) of this
 part or that a flare is operated with
 visible emissions as defined in
 § 264.1033(d). The owner or operator
 shall submit this report to the Regional
 Administrator at least once every six
 month period. The report shall be signed
 and dated by an authorized
 representative of the owner or operator,
 and include the EPA identification
 number, facility name and address, and
 an explanation why the  control device
 could not be returned to proper
 operation within 24 hours.
 Approved by the Office of Management and
 Budget under control number 206
-------
  33566
Federal Register / VoL 56,  No. 140 / Monday. July 22. 1991 / Proposed Rules
 secondary seal (if one is in service),
 prior to filling the tank with waste. If
 there are holes, tears, or other openings
 in the primary seal, the secondary seal,
 or the seal fabric, or defects in the
 internal floating roof, or both, the owner
 or operator shall repair the items before
 filling the tank.
   (II) For tanks equipped with a liquid
 mounted or mechanical shoe primary
 seal, visually inspect the internal
 floating roof and the primary seal or the
 secondary seal (if one is in service)
 through manholes and roof hatches on
 the fixed roof at least once every 12
 months after initial fill. If the internal
 floating roof Is not resting  on the surface
 of the waste Inside the tank, or there is
 liquid accumulated on the  roof, or the
 seal is detached, or there are holes or
 tears in the seal fabric, the owner or
 operator shall repair the items or empty
 and remove the tank from  service within
 45 days. If a failure that is  detected
 during inspections required in this
 paragraph cannot be repaired within 45
 day* and if the tank cannot be emptied
 within 45 days, a 30-day extension may
 be requested from the Regional
 Administrator in the inspection report
 required in § 284.1090(c)(l)(ii) of this
 section. Such a request for an extension
 shall document that alternate capacity is
 unavailable and specify a schedule of
 actions the company will take that will
 assure that the control equipment will
 be repaired or the tank will be emptied
 as soon u possible.
   (ill) For tanks equipped with a double-
 seal system as specified in
 § 2a4.1090(a)(lHi)(B) of this section:
   (A) Visually inspect the tank as
 specified In paragraph (bj(l)(iv) of this
 section at least every 5 years: or
   (B) Visually inspect the tank as
 specified in paragraph (b)(l)(ii) of this
 section.
   (iv) VlsuaHy inspect the internal
 floating roof, the primary seal, the
 secondary seal (if one is in service).
 gaskets, slotted membranes (if any), and
 sleeve seals (if any) each time the tank
 is emptied and degassed. If the internal
 floating roof has defects, the primary
 seal has holes, tears, or other openings
 in the seal or the seal fabric, or the
 gaskets no longer close off the liquid
 surfaces from the atmosphere, or the
 slotted membrane has more **»«" 10
 percent open area, the owner or
 operator shall repair the items as
 necessary so that none of the conditions
 specified in this paragraph  exist before
 refilling the tank with waste. In no event
 shall inspections conducted in
 accordance with this provision occur at
 intervals greater than 10 years in the
 casts of tanks conducting the annual
visual inspection as specified in
                      paragraph (b](l)(ii) of this section, and
                      at intervals no greater than 5 years in
                      the case of tanks specified in paragraph
                      . (b)(l)(iii) of this section.
                        (v) Notify the Regional Administrator
                      in writing at least 30 days prior to the
                      filling or refilling of each tank for which
                      an inspection is required by paragraphs
                      (b)(l](i) and (b)(l)(iv) of this section to
                      afford the Regional Administrator the
                      opportunity to have an observer present
                      If the inspection required by paragraph
                      (b)(l)(iv) of this section is not planned
                      and the owner or operator could not
                      have known about the inspection 30
                      days in advance of refilling the tank, the
                      owner or operator shall notify the
                      Regional Administrator at least 7 days
                      prior to the refilling of the tank.
                      Notification shall be made by telephone
                      immediately followed by written  •
                      documentation demonstrating why the
                      inspection was unplanned.
                      Alternatively, this notification, including
                      the written documentation, may be
                      made in writing and sent by express
                      mail so that it is received by the
                      Regional Administrator at least 7 days
                      prior to the refilling.
                        (2) After installation, owners and
                      operators of external floating roofs shall:
                        (i) Determine the gap areas and
                      maximum gap widths between the
                      primary seal and the wall of the tank
                      and between the secondary seal and the
                      wall of the tank according to the
                      following frequency.
                        (A) Measurements of gaps between
                      the tank wall and the primary seal (seal
                      gaps) shall be performed during the
                      hydrostatic testing of the tank or within
                      60 days of the initial fill with waste and
                      at least once every 5 years thereafter.
                        (B) Measurements of gaps between
                      the tank wall and the secondary seal
                      shall be performed within 80 days of the
                      initial fill with waste and at least once
                      per year thereafter.
                        (C) If any tank ceases to hold waste
                      for a period of 1 year or more,
                      subsequent introduction of waste into
                      the tank shall be considered an initial
                      fill for the purposes of paragraphs
                      (b)(2)(i)(A) and (b)(2)(i)(B) of this
                      section.
                        (ii) Determine the gap widths and
                      areas hi the primary and secondary
                      seals individually by the following
                      procedures:
                        (A) Measure seal gaps, if any, at one
                      or more floating roof levels when the
                      roof is floating off the roof leg supports.
                        (B) Measure seal gaps around the
                      entire circumference of the tank in each
                      place where a 0.32 cm (0.13 in) diameter
                      uniform probe passes freely (without
                      forcing or binding against the seal)
                      between the seal and the wall of the
 tank and measure the circumferential
 distance of each such location.   .      ..
   (C) The total surface area of each gap
 described in paragraph (b)(2)(ii)(B) of
 this section 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.
   (iii) Add the gap surface area of each
 gap location for the primary seal and the
 secondary seal individually and divide
 the sum for each seal by the nominal
 diameter of the tank and compare each
 ratio to the respective standards in
 paragraph  (b)(2)(iv) of this section.
   (iv) Make necessary repairs or empty
 the tank within 45 days of identification
 in any inspection for seals not meeting  ..
 the following requirements:
   (A) The accumulated area of gaps
 between the tank wall and the
 mechanical shoe or liquid-mounted
 primary seal shall not exceed 212 cm2
 per meter (10.1 in* per foot) of tank
 diameter, and the width of any portion
 of any gap  shall not exceed 3.81 cm (1.5
 in).
   (1) One end of the mechanical shoe is
 to extend into the stored waste, and the
 other end is to extend a minimum
 vertical distance of 61 cm (24.0 in) above
 the stored waste surface.            !
   (2) There are to be no holes, tears, or
 other openings in the shoe, seal fabric,
 or seal envelope.
   (B) The secondary seal is to meet the
 following requirements:
   (1} The secondary seal is to be
 installed above the primary seal so that
 it completely covers the space between
 the roof edge and the tank wall except
 as provided in paragraph (b)(2)(ii)(C) of
 this section.                        '
   (2) The accumulated area of gaps
 between the tank wall and the
 secondary seal shall not exceed 21.2
 cm2 per meter (1.01 in* per foot) of tank
 diameter, and the width of any portion
 of any gap shall not exceed 1.27 cm (0.50
 in).
   (3) There are to be no holes, tears, or
 other openings in the seal or seal fabric.
   (v) If a failure that is detected during
 inspections required in paragraph
 (b)(2j(i) of this section  cannot be
 repaired within 45 days and if the  tank
 cannot be emptied within 45 days, a 30-
 day extension may be requested from
 the Regional Administrator in the
inspection report required in
 § 264.1090(cK2)(iii) of this section.  Such
extension request shall include a
demonstration of the unavailability of
alternate storage capacity and a
specification of a schedule that will
assure that the control  equipment will  '
-------
                  Federal Register  / Vol. 56. No.  140 / Monday, July 22, 1991 / Proposed Rules
                                                                         33567
 be repaired or the tank will be emptied
 as soon as possible.
    (vi) Notify the Regional Administrator
 30 days In advance of any gap
 measurements required by paragraph
 (b)(2)(i) of this section to afford the
 Regional Administrator the opportunity
 to have an observer present.
    (vii) Visually inspect the external
 floating roof, the primary seal,
 secondary seal, and fittings each time
 the vessel is emptied and degassed.
    (A) If the external floating roof has
 defects, the primary seal has holes,
 tears, or other openings in the seal or the
 seal fabric, or the secondary seal has
 holes, tears, or other openings in the
 seal or the seal fabric, the owner or
 operator shall repair the items as
 necessary so that none of the conditions
 specified in this paragraph exist before
 filling or refilling the tank with waste.
   (B) For all the inspections required by
 paragraph {b){2)[viij of this section, the
 owner or operator shall notify the
 Regional Administrator in writing at
 least 30 days prior to the filling or
 refilling of each tank to afford the
 Regional Administrator the opportunity
 to inspect the tank prior to refilling. If
 the inspection required by paragraph
 (b)(2)(vii) of this section is not planned
 and the owner or operator could not
 have known about the inspection 30
 days in advance of refilling the tank, the
 owner or operator shall notify the
 Regional Administrator at least 7 days
 prior to the refilling of the tank.
 Notification shall be made by telephone
 immediately followed by written
 documentation demonstrating why the
 inspection was unplanned.
 Alternatively, this notification, including
 the written documentation, may be
 made in writing and sent by express
 mail so that it is received by the
 Regional Administrator at least 7 days
 prior to the refilling.
  (c) Owners and operators who elect
 and operate the control equipment in
 paragraph (a) of this section shall
 include the following information in the
 operating record:
  (1) Internal floating roof, (i)
 Documentation that describes the
 control equipment design and certifies
 that the control equipment meets the
 specifications of § 264.1090 (a)[l) and
 (b)(l) of this section.
  (ii) Records of each inspection
performed as required fay
 1264.1090(b)(l) (iHiv) of this section.
Each record shall identify the tank on
which the inspection was performed and
shall contain the date the tank was
inspected and the observed condition of
each component of the control
equipment (seals, internal Boating roof.
and fittings).
   (ii) If any of the conditions described
 in § 264.1090{b)(l){u) of this section are
 detected during the annual visual
 .inspection required by
 § 264.1090{bXlHii) of this section, the
 records shall identify the tank, the
 nature of the defects, and the. date the
 tank was emptied or the nature of and
 date the repair was made.
   (iii) After each inspection required by
 § 264.1090{b){lKiii} of this section that
 finds holes or tears in the seal or seal
 fabric, or defects in fee internal floating
 roof, or other control equipment defects
 listed in § 284.1090(b)fl)(u) of this
 section, the records shall identify the
 tank and the reason it did not meet the
 specifications of § 264.109G(a)(l) or
 § 264.1090{b)£lHiiiJ of this section and
 describe each repair made.
   (2) External floating roof, (i)
 Documentation that describes the
 control equipment design and certifies
 that the control equipment meets the
 specifications of § 264.1090(a)(2) and
 § 264.1090{bH2} fuHiv) of this section.
   (ii) Records of each gap measurement
 performed as required by
 § 264.1090(b)(2) of this section. Each
 record shall identify the tank in which
 the measurement was performed, the
 date of measurement, the raw data
 obtained in .the measurement and the
 calculations described in § 264.1090(b}
 (2)(ii) and (b)(2)(iii) of this section.
  {iii) Records for each seal gap
 measurement that detects gaps
 exceeding the limitations specified by
 § 2fi4.1090{b}(2Hiv) of this section that
 identifies the tank, the date the tank
 was emptied or the repairs made, and
 the nature of the repair.
  18. In 40 CER part 264, appendix X is
 added to read as follows:

 Appendix X to Part 284—Calculation
 Procedure for Determination of Waste
 Volatile Organic Concentration
 -Appendix X describes the calculation
 procedure that *hail be wed to compute the
 waste volatile organic concentration value
 for comparison to the limit specified in
 § 284.1081(aHl) of this part. Any inferences
 derived from the value determined by the
 procedure described in mis appendix apply
 only to those timpg at which sampling is
 performed. The procedure makes no attempt
 to draw inferences to any other times;
 however, the requirement to sample when the
 waste volatile organic concentration is
 expected to be highest suggests that waste
 concentrations at other times should not
 exceed the value determined by the
procedure.
  The mean of the logarithms of the sample
measurement* is calculated and a t-test is
performed to determine whether the waste
volatile organic concentration is less than 500
ppmw.
 Notation
' H!=number of waste samples selected at the
  . •   ito time period (for any sampling period,
     ni shall be at least 4).
 Xu=natural logarithm of the measured
     volatile organic concentration of the jth
     sample at time i [i=0,l,2	and

•' X,=the mean of the XB at time period i.


 X,=
      I  Xu/n,
                  (Eq. 1)
 Sj=the standard deviation of the Xu at time
     period i.
   S1=
                   - 
-------
  33568
Federal Register / Vol.  56. No. 140  / Monday, July 22, 1991 / Proposed Rules
    TABLE X.1. PERCENTAGE POINTS OF t-
        DISTRIBUTIONS—Continued
Degrees of Freedom, KI
3
s ^3~'™T~"""'
«.„„„,„„ 	 „ 	 „ ,
f 	 ti 	 „.,.„„ 	
«,,,r-,,,,,,,,,,,,
«„„„„„„„ ,„.„,, „
10.....,.,
11 	
1?.,,,,, 	 	 	 	
13m,_
1*.,,,,,..,.... _. 	 	
•»«„„„„„.„„ „-,„„.,„ , ,
is., 	 ..,...„„ „„ , ,
17_™-««.. ._ ._
18 	 „,_„ 	
1B 	 --,„„„„ ,
20 	 	 	
21 „„ 	
22 ». ™ „. .
M,,,,,,.,,,..,..... 	 _ „. .
",-,„„„, ,M
««-,-„,„ , 	
»*,-,„„„„„„„ ,
« ",„„-,„„„„„„ „ ,„„ , , ,
?9 »nd ov»f. 	 „„

90-th.
percent-
age point,
ti
..„„.„ 1.638
	 1.533
	 1.476
	 1.440
	 1.415
	 1.397
,.«.«. 1 383
	 1.372
1.363
	 1.356
	 1.350
	 1.345
___.. 1.341
1.337
........ 1.333
1 330
1 328
	 1.325
1 323
1 321
„ 1.319
	 1.318
	 1.316
	 1.315
	 1.314
™ . 1 313

   19. In 40 CFR part 264, appendix XI is
 added to read as follows:

 Appendix XI to Part 264—Calculation
 Procedure for Weighted Average Waste
 Volatile Organic Concentratio

  Appendix XI describes the calculation
 procedure that shall be used to compute the
 weighted average waste volatile organic
 concentration value for determining if waste
 dilution has occurred per S 264.1082(b){2) of
 this part. The equation is used to calculate
 the weighted average volatile organic
 concentration for all of the waste streams
 entering the treatment unit. For a waste
 stream entering the treatment unit having a
 volatile organic concentration equal to or
 greater than 500 ppmw, the measured
 concentration is used in the equation. For a
 waste stream entering the treatment unit
 having a volatile organic concentration less
 than 600 ppmw, the value of 500 ppmw is
 used In the equation.
              500
             J-l
                    + X.QU,
                      1"!
                 (Eq. 6)
whore:
C—volatile organic concentration ippm >y
   weight)
                       Qo=quantity of each waste stream (j) to be
                           treated that has a volatile organic
                           concentration greater than or equal to
                        ..   500 ppmw (Mg), concentration as
                           measured at the point described in
                           § 2G4.1082(a)(l)
                       Qw=quantity of each waste stream (i) to be
                           treated that has a volatile organic
                           concentration less than 500 ppmw (Mg)
                       Cbl=the concentration of each waste stream
                           (i) to be treated that is less than 500
                           ppmw (ppmw], as measured at the point
                           described in § 264.1082(a)(l)
                       m=the number of waste streams with
                           concentration greater than or equal to
                           500'ppmw  .
                       n=the number of waste streams with
                           concentration less than 500 ppmw.

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

                        20. The authority citation for part 265
                       continues to read as follows:
                        Authority: 42 U.S.C. 6905,6912(a), 6924,
                       6925, and 6935.

                       Subpart A—General

                       §265.1  [Amended]
                        21-23. Section 265.1(b) is amended by
                       adding the phrase "Except as provided
                       in § 265.1080(b)," before the phrase "The
                       standards of this part apply to * *  *"

                       Subpart B—General Facility Standards

                       §265.t3  [Amended]
                        24. In § 265.13, paragraph (b}(6) is
                       amended by adding "265.1083," after the
                       phrase "as specified in §§ 265.200.
                       265.225, 265.252, 265.273, 265.314, 265.341,
                       265.375. 265.402, 265.1034(d),
                       265.1063(d),".
                        25. In § 265.13, paragraph (b)(8) is
                       added to read as follows:

                       § 265,13  General waate analysts.
                       *****
                        (b) * * *
                        (8) For owners and operators seeking
                       an exception to the  air emission
                       standards of subpart CC in accordance
                      'with §  265.1082—
                        (i) The procedures and schedules for
                      waste sampling and analysis, and the
                      analysis of test data to verify the
                      exception.
                        (ii) Each generator's notice and
                      certification of the volatile organic
                      concentration in the waste if the waste
                      is received from offsite.
                      5265.15  [Amended]
                        26. In S 265.15. paragraph (b)(4) is
                        icnded by removing the word "and"
                      after the phrase "frequenciescalled for
                      in §§ 265.174. 265.193, 265.195, 265.226,
 285.347, 265.377, 265.403, 265.1033,
 265.1052, 265,1053," and inserting
 "265.1087, 265.1088, arid 265.1090(b),"
 after "285.1058,".

 Subpart E— Manifest System,
 Recordkeeplng, and Reporting

   27. Section 265.73 is amended by
 revising paragraphs (b)(3) and (b)(6) to
 read as follows:

 § 265.73  Operating record.
                                  .
   (3) Records and results of waste
 analysis and trial tests performed as
 specified in § § 265.13, 265.193, 265.225,
 285.252, 265.273, 265.314, 265.341, 265.375,
 265.402,. 265.1034, 265.1063, 285.1083,
 268.4(a), and 268.7 of this chapter.

   (6) Monitoring, testing or analytical
 data when required by §§ 265.90, 265.94,
 265.191, 265.193. 265.195, 265.276, 265.278,
 265.280(d)(l) , 265.347, 265.377,
 265.1034(cHf). 285.1035, 265.1063(dJ-{i),
 265.1064, 265.1089, and 265.1090(b).
 *****
   28. In Section 265.77, paragraph (d) is
 revised to read as follows:

 §265.77 Additional reports.
 *****
   (d) As otherwise required by subparts
 AA, BB, and CC.

 Subpart I— Use and Management of
 Containers

   29. Section 265.178 is added to read as
 follows:                         :

 §265.178  Air emission standards.
   Containers shall be managed in
 compliance with the air emission
 standards in subparts AA, BB, and CC
 of this part

 Subpart J— Tank Systems

   30. Section 265.202 is added to read as
 follows:

 § 265.202  Air emission standards.
  Tanks shall be managed in
 compliance with the air emission
 standards in subparts AA, BB, and CC
 of this part.

 Subpart K— Surface Impoundments

  31. Section 265.231 is added to read as
 follows:

§ 265.231 Air emission standards.
  Surface impoundments shall be
managed hi compliance with the air
emission standards in subparts AA, BB,
and CC of this part
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                Federal Register / VoL 56, No. 140 /Monday, July 22, 1991 / Proposed Rates
                                                                     33569
Subpart AA—Air Emission Standards
for Process Vents

  32. Section 265,1033 is amended by'
adding paragraph (1) to read as follows:

§ 265.1933 Standards: Closed-vent
systems and control devices.
*    *    *     *    *

  fl) Hie owner or operator using a
carbon adsorption system shall certify
that all carbon removed from a carbon
adsorption system to comply with
§ 265.1033 feHnJ of this part is either:
  (1) Regenerated or reactivated by a
process that minimizes emissions of
organics to Hie atmosphere. (Note: EPA
interprets "minimizes" as used in this
paragraph to include the application of
effective control devices such as those
required in this subpart); or
  (2) Incinerated by a process that
achieves the performance standards
specified in subpart O of part 264 of this
title.
  33, In 40 CFR part 265, subpart CC is
added to read as follows:
Subpart CC—Ah- Emission Standards for
Tanks, Surface Impoundments, and
Containers

Sec.
265.1080 Applicability.
265.1061 Schedule for implementation of air
    emission standards.
265.1082 Exceptions to the standards.
265.1083 Waste determinations.
265.1084 Standards: tanks.
265.1085 Standards: surface impoundments.
285.1066 Standards: containers.
265.1987 Standards: closed vent systems
    end control devices.
265.1088 Monitoring and inspection
    requirements.
265.1089 Rftcordkftppifig requirements.
265.1090 Alternative control requirements
    for tanks.                 *   •

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

§265.1080 Applicability.
  (a) The regulations in this subpart
apply to uwutjui and operators of
facilities that beat, store, or dispose of
hazardous waste in unite that are
subject to snbparts I, J, and K of this
part except as provided in { 26&I of this
part
  (b) lite regulations in this subpart
apply to owners and operators of
facilities that treat, store, or dispose of
hazardous waste in units that are
subject to subparts I, J, and K of part 265
who received a final permit under
section 3005 of RCRA prior to the
effective date of this rale (6 months after
the promulgation date of tite final rule)
until permit reissue or review.
§265.1081 Schedule for implementation  .
of air •mission standards.
  (a] Owners or operators of all
hazardous waste facilities existing on
the date when the final rule is published
in the Federal Register and subject to
subparts L J, and K of this part
  (1J Owners or operators shall, where
applicable, install and operate control
equipment as provided in § § 265.1084
through 265 J.OB7 by the effective date of
the final rule (6 months after
promulgation in the Federal Register).
  (2) When control equipment is
required and cannot be installed and
operating by the effective date, the
owner or operator must—
  (i) Install and operate the control
equipment as soon as possible but no
later than 2 years after the date on
which the final rule is promulgated in
the Federal Register, and
  (ii) For facilities subject to the
recordkeeping requirements of 5 265.73,
enter and maintain an implementation
schedule in the operating record on die
effective date of the final rule.
  (iii) For facilities not subject to
§ 265.73, fee owner or operator shall
enter, by the effective date of the final
rule, and maintain an implementation
schedule in a permanent readily
available file located at the plant site.
  (b) Owners or operators of facilities in
existence on the effective date of
statutory or regulatory amendments
under the Act that render the facility
subject to subparts I, J, and K of this
part.
  (1) Owners or operators shall, where
applicable, install and operate control
equipment as provided in 1265.1084
through 265.1037 by the effective date of
the amendment
  (2) When control equipment is
required and cannot be installed and
operating by the effective date of the
amendment tite owner or operator
shall—
  (i) Install and operate the control
equipment as soon as possible but no
later than 18 months after the effective
date, and
  (ii) For facilities subject to the
recordkeeping requirements of 1265.73,
enter and maintain an implementation
schedule in fee operating record on the
effective date of the final rule.
  (iii) For faculties not subject to
§ 265.73, the owner or operator shall
enter, by the effective date of the final
rule, and maintain an implementation
schedule in a permanent, readily
available file located at the plant site.

§265.1082  Exceptions to the standards.
  (a) A hazardous waste management
unit is excepted from standards
pursuant to 55 265.1084.265.1085. and
265.1066 of this subpart provided that
the owner or operator meets all of the
'following requirements:
  (1) Determines in accordance with the
procedures specified in § 285.1083 of this
subpart that the waste placed in the
hazardous waste management unit at all
times has a volatile organic
concentration less than SOD parts per
million by weight {ppmw) at either
  (i) A point before the waste is first
exposed to the atmosphere such as in an
enclosed pipe or other dosed system
that is used to transfer the -waste after
generation to the first hazardous waste
management unit; or
  {ii) The outlet of a treatment unit that:
  (A) Removes or destroys organics in
the waste using a means other than by
waste dilution or evaporation into the  • •
atmosphere; and
  (B) Is in compliance with all
applicable standards in this part.
  (2) Performs the waste determination
required by paragraph (a)fl.) of this
section at least once per year and
whenever the process, operation, or
source generating the waste changes in
such a manner mat the volatile organic
concentration of the waste may change.
  (b) An owner or operator may place
waste in a hazardous waste
management unit without the control
equipment specified in 5$ 265.1084,
265.1085, and 265.1086 of this subpart
provided mat the owner or operator
provides documentation certifying that
the waste placed hi the hazardous waste
management unit complies with the
applicable treatment standards for
organic-containing waste pursuant to
the requirements of subpart D in part
268 of this title.

                  etermmations.
 §265.1083  Wastf
  (a) Waste volatile organic
 concentration determination for an
 exception under 5 265.1082[a){l)rO of
 this subpart
  {!) The owner or operator shall use
 either direct measurement, knowledge of
 the waste, or waste certification to
 determine the volatile organic
 concentration of the waste in
 accordance with the following
 requirements:
  [i} Direct measurement fA) All waste
 samples shall be collected at a point
 before the waste is first exposed to the
 atmosphere and at a time when the
 maximum volatile organic concentration
 in the waste stream is expected to occur.
 The sampling program shall be
 conducted in accordance with the
 requirements specified in 'Test Methods
 for Evaluating Solid Waste. Physical/
 Chemical Methods," EPA Publication
 No.SW-848,
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  33570
Federal Register / Vol. 56, No. 140  /  Monday, July 22, 1991 / Proposed Rules
    (B) A minimum of four representative
  samples shall be collected and analyzed
  using the test procedures specified in '
  Reference Method 25D in 40 CFR part 60
  appendix A or Test Method 5100 in
  'Test Methods for Evaluating Solid
  Waste, Physical/Chemical Methods,"
  EPA Publication No. SW-846; and the
  calculation procedure specified in
  Appendix VI of this part.
    (C) If the waste volatile organic
  concentration determined in paragraph
  (a){lXi){B) of this section is less than 500
  ppmw then the waste may be placed in
  a hazardous waste management unit
  pursuant to § 285.1082(a) of this subpart
    (H) Knowledge of the waste. The
  owner or operator shall provide
  sufficient information to document that
  the volatile organic concentration of the
  waste at all times is less than 500 ppmw.
  Examples of information that may be
  used include documentation'that the
  waste is generated by a process for
  which no organics-containing materials
  are used, or the waste is generated by a
  process for which it previously has been
  determined by direct measurement at
  other locations using the same type of
 process that the waste has a volatile
 organic concentration less than 500
 ppmw.
   (ill) Waste Certification. If an owner
 or operator cannot perform the waste
 determination at a point before the
 waste is first exposed to the atmosphere
 because the waste is generated off site,
 then the owner or operator may
 determine the waste volatile organic
 concentration upon receiving the waste
 from the generator provided the waste is
 accompanied by:
   [AJ A notice that includes the ,
 following information:
   (2) EPA Hazardous Waste Number.
   (2) Manifest number associated with
 the shipment of hazardous waste, and
   (3) Volatile organic concentration
 waste determination results obtained in
 accordance with the methods specified
 in paragraph (a)(l](i) or {a)(l){ifj of this
 section.
   (B) Certification that is signed and
 dated by an authorized representative of
 the generator and states the following:
  I certify under penalty of law that I
 pettonally have examined and am familiar
 wtlh the watte through analysts and testing
 or through knowledge of the waste, and I
 lupport this certification that the waste does
 not exceed a volatile organic concentration of
 600 ppmw. I believe that the Information
 submitted it true, accurate, and complete. I
 am aware that there are significant penalties
 for submitting a falao certification, including
 the posdbillty of a fine and imprisonment
  (2) The Regional Administrator may
request at any time that the owner or
operator perform a waste determination
                      hi accordance with paragraph (a)(l)(i) of
                      this section. A result from the waste
                      determination requested by the Regional
                      Administrator indicating that the waste
                      volatile organic concentration is equal
                      to or greater than 500 ppmw shall be
                      conclusive evidence that each
                      hazardous waste management unit in
                      which the waste has been placed is not
                      excepted from standards pursuant to
                      §§ 265.1084, 265:1085, and 265.1086 of
                      this subpart.
                      •  (b) Waste determination of volatile
                      organic'concentration for an exception
                      under § 265.1082(a)(l)(ii) of this subpart.
                        (1) The owner or operator shall use
                      either direct measurement or knowledge
                      of the waste to determine the  volatile
                      organic concentration of the waste at
                      the outlet of the treatment unit and
                      whether waste dilution was used to
                      achieve this concentration in
                      accordance with the following
                      requirements:
                        (i) Direct measurement. (A)
                      Determination of the volatile organic
                      concentration of the waste at the outlet
                      from the treatment unit
                        (1] All waste samples shall be
                      collected at the treatment unit outlet and
                      at a time when the maximum volatile
                      organic concentration in the waste
                      stream is expected to occur. The
                      sampling program shall be conducted in
                      accordance'with the requirements
                      specified in "Test Methods for
                      Evaluating Solid Waste, Physical/
                      Chemical Methods," EPA Publication
                      No. SW-846.
                       (2) A minimum of four representative
                      samples shall be collected and analyzed
                      using the test procedures specified in
                      Reference Method 25D in 40 CFR part 60
                      appendix A or Test Method 5100 in
                      "Test Methods for Evaluating Solid
                      Waste, Physical/Chemical Methods,"
                     EPA Publication No. SW-846; and the
                      calculation procedure specified in
                     appendix VI of this part
                       (B) Determination that no waste
                     dilution has occurred.
                       (1] Representative waste samples for
                     each waste stream entering and exiting
                     the treatment unit shall be collected as
                     near in time as possible. The sampling
                     program shall be conducted in
                     accordance with the requirements
                     specified in 'Test Methods for
                     Evaluating Solid Waste, Physical/
                     Chemical Methods," EPA Publication
                     No. SW-846.
                       (2) The samples shall be analyzed
                     using the test procedures specified in
                     Reference Method 25D in 40 CFR part 60
                     appendix A or Test Method 5100 in
                     'Test Methods for Evaluating Solid
                     Waste, Physical/Chemical Methods,"
                     EPA Publication No. SW-846 to
                     determine the volatile organic
  concentration of each waste stream
  entering and exiting the treatment unit.
  A weighted average volatile organic
  concentration for all of the waste
  streams entering the treatment unit shall
  be calculated using the procedure       .
  specified in appendix VII of this part
    (3) If the weighted average volatile
  organic concentration for all streams
  entering the treatment unit is greater
  than the volatile organic concentration
  for the waste stream exiting the
  treatment unit as determined in
  accordance with paragraph
  (b](l)(i)(B)(2) of this section, -then no
  waste dilution has occurred.
   (C) If the waste volatile organic
  concentration at the outlet of the
.  treatment unit as determined in       .
  paragraph (b)(l)(i)(A) of this section is
  less than 500 ppmw and no waste
  dilution has occurred as determined in
  paragraph (b)(l)(i)(B), of tin's section,
  then the waste may be placed in a
  hazardous waste management unit in
  accordance with § 265.1082(a) of this
  subpart.
   pi) Knowledge of the waste. The
  owner or operator shall provide
  sufficient information to document that
  the volatile organic concentration of the
  waste exiting the treatment unit is less
  than 500 ppmw at all times and that no
  waste dilution has occurred.
   (2) The Regional Administrator may
 request at any time that the owner or
 operator perform a waste determination
 in accordance with paragraph (b)(!)({} of
 this section. A result from the waste
 determination requested by the Regional
 Administrator indicating that the waste
 volatile organic concentration is equal
 to or greater than 500 ppmw or that
 waste dilution has occurred shall be
 conclusive evidence that each
 hazardous waste management unit in
 which the waste has been placed is not
 excepted from standards pursuant to
 §§ 265.1084,265.1085. and 265.1086 of
 this subpart
   (c) Waste determination of maximum
 organic vapor pressure for a tank having
 a design capacity equal to or greater
 than 75 m3 in accordance with
 § 265.1084(b)(2) of this subpart.
   (1) The owner or operator shall use
 either direct measurement or knowledge
 of the waste to determine the maximum
 organic vapor pressure of the waste in
 accordance with the following
requirements:
  (i) Direct measurement. (A) All  waste
samples shall be collected at the inlet to
the tank. Sampling shall be conducted hi
accordance with the requirements
specified in 'Test Methods for
Evaluating Solid Waste, Physical/
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                  Federal Register  /  Vol. 56, No. 140 / Monday, July 22, 1991 / Proposed Rules
                                                                       33571
  Chemical Methods," EPA Publication
  No. SW-84&
    (B) Any one of the following methods
  may be used to analyze the samples and
  compute the maximum organic vapor
  pressure:
    [i] Reference Method 25E in 40 CFR
  part 60 appendix A or Test Method 5110
  in 'Test Methods for Evaluating Solid
  Waste, Physical/Chemical Methods,"
  EPA Publication No. SW-846;
    (2) Methods described in American
  Petroleum Institute Bulletin 2517,
  'Evaporation Loss From External
  Floating Roof Tanks," (incorporated by
  reference—refer to § 260.11);  !
   (3) Methods obtained from standard
  reference texts;
   (4) ASTM Method 2879-83
  (incorporated by reference—refer to
  § 260.11); or
   (5) Any other method approved by the
 Regional Administrator.
   (ii) Knowledge of the waste. The
 owner or operator shall provide
 sufficient information to document that
 the maximum organic vapor pressure  at
 all times is less than the maximum
 vapor pressure limit for the appropriate
 tank design capacity category specified
 in § 265.1084(b)(2)(i)(D), Examples of
 information that may be used include
 documentation that the waste is
 generated by a process for which no
 organics-containing materials are used,
 or the waste is generated by a process
 for which at other locations it previously
 has been determined by direct
 measurement that the waste maximum
 organic vapor pressure is less than the
 maximum vapor pressure limit for the
 appropriate tank design capacity
 category specified in
 § 265.1084{b)(2)(i)(D).
   (2) The Regional Administrator may
 request at any time that the owner or
 operator perform a waste determination
 in accordance with paragraph. (c)(l)(i)  of
 this section. A result from the waste
 determination requested by the Regional
 Administrator indicating that the waste
 maximum organic vapor pressure
 exceeds the appropriate maximum
 organic vapor pressure limit for the
 appropriate tank design capacity
 category specified in
 § 265.1084(b)(2)(i)(D) shall be conclusive
 evidence that each tank in which the
 waste has been placed is not excepted
 from requirements pursuant to
 § 285.1084(b)(l) of this subpart

 §265.1084  Standards:tanks.
  (a) Applicability. This section applies
 to the owner or operator of a facility
where hazardous waste is placed in
tanks except as provided in § 265.1082
of this subpart
    (b) Design and operation of control
 equipment. (1) The owner or operator
 shall meet one of the following control
 equipment requirements except as
 provided in paragraph (bj(2) of this
 section:
    (i) Install, operate, and maintain a
 fixed roof cover and closed vent system
 that routes the organic vapors vented
 from the tank to a control device.
    (A) The fixed roof shall meet the
 following requirements:
    {!) The
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  33572
Federal Register / Vol. 56, No. 14O- / Monday, frrfy 22, 1981 / Proposed Rates
  and gauge wells) shall be designed and
  operated with no detectable organic
  emissions.
   (B) Each cover opening shall be
  maintained in a dosed, sealed position
  (e.g., covered by a Lid that is gasketed
  and latched) at all times that waste is in
  the surface impoundment except when it
  is necessary to use the opening for
  waste loading, removal, inspection, or
  sampling, or foe equipment inspection,
  maintenance^or repair.
   (11) The closed vent system and
  control device shall be designed and
  operated in- accordance with § 2650087
  of thlaaubpart
   (2) As an alternative to the control
  equipment specified in paragraph (&K1)
 of this section, an owner or operator
 may install, operate, and maintain- on a-
 surface impoundment that meets all of
 the conditions specified fii paragraph
 (b)(2)(l) of this section either a floating
 membrane cover as. specified in
 paragraph (b)(2)(ii) of this section or a
 cover aa specified in paragraph (b)(2Kin)
 of this section;
   (i) The waste placed in the surface
 impoundment shall meet the following
 conditions:
   (A) The- waste is quiescent at all times
 that the waste is managed IB the surface
 Impoundmentr
   (B) The waste is not managed in the
 surface Impoundment using a waste
 fixation processr
   (CJ The waste-is not managed in the
 surface impoundment using a process
 thatreqrrires the addition of beat to the
 waste orproduces an exothermic-
 reaction.
   (0) The floating membrane cover shall
 meet thefbllowingrequii-emeatu:
   (A) Bo designed; constructed* and
 installed so that when the surface
 impoundment is filled to capacity, the-
 waste surface area ia covered
 completely;
   (B) Tha floating membrane caver and
 all caver opening* (e.g* access hatches,.
 sampling ports, andgauge wells) shall
 ba designed and operated with.nc
 detectable organic, emission*.
   (CJ Each cover opening shall be
 maintained in a closed, sealed position
 (e.g,, covered by a lid feat is gasketed
 and latched) at all times waste-is irt the-
 surfacu impoundment except when it i*
 necessary, to ase-the opening for waste
 loading, removal, inspection, or
 sampling.
   (D)Tbtiyntfaeticm£miIn-«ne: material
used for the floating membrane corer
 shall b* either?
  (1) High density polyethylene wife a
 thtcknM>nrak»«« than {fry mm (100 mib].
or
   (2) A material or a composite of
 different materials determined to have
 all of the following:
   (/) Organic permeability properties
 that are equivalent to those of the
 material specified in paragraph
 (b)(2Hn)(B)fi) of mis section, and
   (jz) Chemical and physical properties
 that maintain the material integrity for  .
 as long as the cover is in use. Factors
 that shall be considered ia. selecting the
 material include: the effects of contact
 with the waste managed in the
 impoundment, weather exposure, and
 cover Ttrgtiyj atjftir girrt opfirateom
 practices*
   (iii) The cover shall meet the following
 requirements:
   (A) The cover and all cover openings
 (e.$* access hatches; sarnplingports.
 and gauge wells) shall be designed and
 operated with no detectable organic
 emissions.
   (B) The waste surface- shall be
 completely enclosed by the cover and
 the air space underneath the cover shall
 not be vented to the atmosphere.
   (3) No waste shall be placed in the
 surface impoundment whenever control
 equipment specified in paragraphs (b](l)
 or (b)(2) of this section is not to
 operation.
   (c) The cover shall be used at aB times
 that any waste is placed ia the surface
 impoundment except during removal of
 treatment residues in accordance with
 § 268.4 of this title, or closure of the
 surface impoundment m accordance
 with § 285.228 of tms part.
   (d) The owner or operator shafi
 install, operate, and maintain enclosed
 pipes or other closed systems tot
   (1) Transfer'waste to the surface
 impoundment from- all other hazardous
 waste management mrits subject to
 standards- pnrsoant to if 265.1084..
 265.1085, and 265.1666 of this subpart,
 and
   (2) Transferwaste from the surface
 impoundment to all otfter hazardous-
 waste management units subject to
 standards-pursuant to f f 265.1884^
 265.1085, and 265.I086" of mis- subpart.

 §265.1086 Standard* contftfcMr*
  (a) Applicability. This section applies7
 to the owner or operator of a facifity
 where hazardous; waste i» placed in
 containers except as provided in
 § 265.1082 of this sobpart
  fb)£es&ir and operation of control
equipment. {!) The owner or operator
 shall install, operate, and maurtafat a
cover on each container used to handle,
transfer, or store waste in- accordance
with die following- requirementsr
  (i) The cover and all cover openings
(e.g., bungs,, hatches-, and sampling
                                                             ports) shall be. designed to operate with
                                                            . no detectable organic emissions..
                                                               pi) Each cover opening shall be
                                                             maintained iir a dosed, sealed position
                                                             (e.gw covered by a lid that is gasketed
                                                             and latched) at all times that waste is HI
                                                             the container except when it is
                                                             necessary to use the opening for waste
                                                           ,  loading; removal, inspection, or
                                                             sampling.
                                                               (2) Treatment of a waste in a
                                                             contairrerby either waste fixation, a
                                                             process that requires the addition of
                                                             heat to the waster or ia process that
                                                             produces an exothermic reaction shall
                                                             be performed by me owner oroperator
                                                             in a manner such that during the    ;
                                                             treatment process whenever it is
                                                             necessary for the container to be open,
                                                             the container ia Located under a cover • •
                                                             (e.g., hood, enclosure) with a closed vent
                                                             system that routes aft organic vapors
                                                             vented from the container to a control
                                                             device.
                                                              (i) The cover and all cover openings
                                                             (e.g*. doors, hatches) shall be designed
                                                             to: operate wrtkno detectable organic
                                                             emissions.
                                                              pi) The closed vent system and
                                                             control device shall be designed and
                                                             operated in accordance with § 265.1087
                                                            of this subpart
                                                              (3) The owner or operator shall load
                                                            pumpable waste into a container using a
                                                            submerged fill pipe placed so that the
                                                            outlet extends to within two fill pipe
                                                            diameters of the bottom of the container
                                                            while the container is being loaded.
                                                            During loading: of the waste, the cover
                                                            shall remain in place and all cover
                                                            openings shall be maintained in a
                                                            closed, sealed position except for those
                                                            cover openings required for the
                                                            submerged fill pipe and for venting of
                                                            the container to prevent physical
                                                            damage or permanent deformation of
                                                            the container or cover.

                                                            §265.1087  Standards: closed vmt
                                                            •ystema and; control, devlc**..
                                                              (a) Applicability- This section applies,
                                                            to the owneroronerator of a facility
                                                            where a- closed veni syalmu and control
                                                            device is used to-, comply with standards
                                                           pursuant to 55 265.1064,265.1065, or
                                                           265.1086 of this subparL
                                                              (b) The owner or operator shall
                                                           properly design, instauV operate, and
                                                           maintain, each closed vent system and
                                                           control device in accordance with the
                                                           following reqtnrements:.
                                                              (1) The closed vent system shall
                                                           operate with no detectable organic
                                                           emissions at att times that any waste is
                                                           in the hazardous waste management
                                                           unit being- controlled.
                                                              (2) The controF device shall operate at
                                                           the conditions that reduce the orgairics
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                  Federal Register / Vol. 56. No. 140 / Monday, July 22,  1991 / Proposed Rules	33573
  in the gas stream vented to it by at least
  95 percent by weight or at the conditions
  specified in § 265.1033 (c) and (d) of this
  part at all times that any waste is in the
  hazardous waste management unit
  being controlled.
    (c) The owner or operator shall
  determine that.each control device
  achieves the appropriate conditions
  specified in paragraph (b)(2) of this
  section in accordance with the following
  requirements:
    (1) The owner or operator of a control
  device other than a flare or carbon
  adsorption system shall use one of the
  following methods:
    (i) Engineering calculations in
  accordance with requirements specified
  in § 265.1035(b)(4)(iii) of this part; or
    (ii) Performance tests performed using
  the test methods and procedures in
 accordance with requirements specified
 in § 265.1034 {c)(lHc)C4) of this part
   [2) The owner or operator of a flare
 shall use the method specified in
  § 265.1033(e) of this part
   (3J The owner or operator of a carbon
 adsorption system shall use either one
 of the methods specified in paragraph
 (c)(l)(i) or (c)(l)(ii) of this section based
 on the total quantity of organics vented
 to the atmosphere from all carbon
 adsorption system equipment that is
 used for organic adsorption, organic
 desorption or carbon regeneration,
 organic recovery, and carbon disposal.
   (d) If the owner or operator and the
 Regional Administrator do not agree on
 a determination using engineering
 calculations of a control device organic
 emission reduction or, for external
 combustion devices, organic compound
 concentrations, then the disagreement
 shall be resolved based on the results of
 performance tests performed by the
 owner or operator using the test
 methods and procedures as required in
 § 265.1034 (c)(lHc)(4) of this part. The
 Regional Administrator may elect to
 have an authorized representative
 observe the performance tests.
  (e) The owner or operator using a
 carbon adsorption system shall certify
 that all carbon removed from a carbon
 adsorption system to comply with
 § 265.1033 (g) and (h) of this part is
 either:
  (1) Regenerated or reactivated by a
 process that minimizes emissions of
 organics to the atmosphere. (Note: EPA
 interprets  '•minimizes" as used in this
paragraph to include the application of
effective control devices such as those
required in this subpart); or
 . (2) Incinerated by a process that
achieves the performance standards
specified in subpart O of part 264 of this
title.
  § 265.1089 Monitoring and Inspection
  requirements.
    (a) Applicability, This section applies
  to the owner or operator of a facility
  where control equipment is used
  pursuant to § | 265.1084,265 JOBS, or
  265.1086 of this subpart.
    (b) The owner or operator shall
  monitor and inspect each cover, except
  for internal floating roofs and external
  floating roofs complying with § 265.1090,
  in accordance with the following
  requirements:
    (1) The owner or operator shall
  visually inspect each cover initially
  upon installation of the  cover and
  thereafter at least once per week. The
  visual inspection shall include
  inspection of fabric and sealing material
  on all openings for evidence of visible '
  defects such as rips, gaps, or tears. If
  visible defects are observed during an
  inspection, then a leak is detected and
  the leak shall be repaired in accordance
  with paragraph (b)(3) of this section.
    (2) The  owner or operator shall
  monitor each cover in the following
  manner
    (i) Each cover connection and seal
  shall be monitored initially upon
  installation of the cover and thereafter
  at least once  every six months in
  accordance with Reference Method 21 in
  40 CFR part 60 appendix A.
   (ii) If the monitoring instrument
  indicates detectable emissions (i.e., a
  concentration above 500 ppmv), then a
  leak is detected and the leak shall be
  repaired hi accordance with paragraph
  (b)(3) of this section.
   (iii) Seals on floating membrane
  covers shall be monitored around the
  entire perimeter of the cover at locations
  spaced no greater than 3 meters apart.
   (3) When a leak is detected by either
 of the methods specified in paragraphs
 (b)(l) or (b}(2) of this section, the owner
 or operator shall repair the leak in the
 following manner.
   (i) Repair of the leak shall be
 completed as  soon as practicable, but no
 later than 15 calendar days after the
 leak is detected. If repairs cannot be
 completed within 15 days except as
 provided in paragraph (b)(3)(iii) of this
 section, the owner or operator shall not
 add waste to the hazardous waste
 management unit until the repair is
 complete.
   (ii) A first attempt at repair of each
 leak shall be made no later than 5
 calendar days after the leak is detected.
   (iii) Repair of control equipment
 installed to comply with § 265.1085(b) of
 this subpart and for which leaks have
 been detected may be delayed beyond
 15 calendar days if the owner or
'operator documents that the repair
 cannot be completed without a complete
  or partial facility or impoundment  .
 •shutdown and that delaying the repair
  would not cause the control equipment
  to be significantly less protective of
  human health and the environment
  Repair of .this control equipment shall be
•  completed before the end of the next
  facility or impoundment shutdown.
    (c) The owner or operator shall
  monitor and inspect each closed vent
  system and control device in accordance
  with the following requirements:
    (1) The owner or operator shall
  monitor each control device in
  accordance with §§ 265.1033(f)(l) and
  265.1033(f)(2) of this part. The owner or
  operator shall inspect  at least once each
  operating day all data recorded by the
  control device monitoring equipment
  (e.g., temperature monitors) to check
  that the control devices are being'
  operated hi compliance with this
  subpart
   (2) The owner or operator shall
 visually inspect each closed vent system
 and control device installed initially
 upon installation of the equipment and
 thereafter at least once per week. The
 visual inspection shall include
 inspection of ductwork and piping and
 their connections to covers and control
 devices for evidence of visible defects
 such as holes in ductwork or piping and
 loose connections. If visible defects are
 observed during an inspection, the
 closed vent system and control device
 shall be repaired in accordance with
 paragraph (c)(4) of this section.
   (3) The owner or operator shall
monitor each closed vent system and
 control device in the following manner:
   (i) Each cover connection and seal
 shall be monitored initially upon
installation of the equipment and
thereafter at least once every year in
accordance with Reference Method 21.
   (ii) If the monitoring instrument
indicates detectable emissions (i.e., a
concentration above 500 ppmv), then a
leak is detected and the leak shall be
repaired in accordance with paragraph
(c)(4) of this section.
   (4) When a defect or leak is detected
by either of the methods specified in
paragraphs (c){2) or (c)(3) of this section,
the owner or operator shall repair the
defect or leak in the following manner:
   (i) Repair of the defect or leak shall be
completed as soon as practicable, but no
later than 15 calendar days after the
defect or leak is detected. If repairs
cannot be completed within 15 days,
then the owner or operator shall not add
waste to the hazardous  waste
management unit until the repair is
complete.
  (ii) A first attempt at repair of each
defect or leak shall be made no later
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S3574
Federal Register / Vol. 58, No. 140 / Monday, July 22, 1991 / Proposed Rales
than S calendar d*ya after the defect or
leak la detected.
  (d) The owner or operator shall
develop and follow a written schedule
for allmonitoring and inspection
requirements o£ this section used to
comply with this tubpart The owner or
operator shall incorporate this schedule
into the facility inspection plan
described in 265.15 of this part

§265.1089 Recordkeeplng requirements.
  (a) An owner or operator placing
waste in a hazardous wests
management unilusing control
equipment pursuant to || 265.1084,
2654085, or 285.1086 of this subpart shall
record the following information!
  {1} Engineering design documentation,
for each cover that includes:
  (i) Cover type,
  (ii) Cover manufacturer's- name and
model number,
  (ill) Cover dimensions,
= (iv) Materials used to fabricate cover,
  (v\ Mechanism used to install cover
on the waste management unit and seal
the cover perimeter..
  (vi) Type, size, and location of each.
cover opening, and
  {viij M echanism used, to dose ami
seal each, cover opening identified in
paragraph (aKl}{vi} of && section.
  (2) Documentation for each closed
vent system, and control device that
  (l\ Certification that ia signed and,
dated by the. owner or operator stating;
that the control device is designed to
operate at the performance level
documented by paragraph (a}(2){ii} or
(a) (2){lll) of this scctiaa when the
hazardous waste management unit is or
would be operating at capacity or- the
highest level reasonably expected to
occur.
  (ii) If >ng{n*pring^CAlciilBtionB are
used, than design documentation as
sptdfiedin. i 2B5.1fl35(hK4} of this pert.
Documentation; provided by the control',
device- manufacturer or vendoe that
describes the control device design in
accordance with. § 265.1036 (b}{4Miii). of
this part and certifies that the control
equipment meets the specifications may
be used to comply with this requirement
  (lU) If performance- testa are used,
then a performance- test plan as
specified ia i 28&1035fb}{3) of thia-pert
and all test results.
  (iv) Information aa required by
§ 205.1035[c)Cl} and (c}(2}.
  (3) Records for all visual inspections
conducted in. accordance- with { 265*1087
of this, subpart.
  (4) Records for all Reference Method
21 monitoring, conducted in. accordance
with 1 2S5.10ffl.of, this subparU
                        (5) Records for all continuous
                      monitoring conducted in accordance
                      with § 265.1088 of this subpart.
                        (b) An owner or operator placing
                      waste having a volatile organic
                      concentration equal to or greater than
                      500 ppmw in a tank pursuant to
                      S 265.1084{bH2} of tos subpart shall
                      record the following information for
                      each tank;
                        (1) Date, tune, «""* location each
                      waste sample is collected for direct
                      measurement waste determination of
                      maximum organic vapor pressure- in
                      accordance with § 265.1083 of this
                      subpart,
                        (2} Results of each waste
                      determination for maximum organic
                      vapor pressure performed hi accordance
                      with 1285.1083{c} of this subpart
                        (3) Records specifying the tank'
                      dimensions and design.
                        (4} E the maximum organic vapor
                      pressure of the waste placed in the tank
                      exceeds the maximum organic vapor
                      pressure limit for the tank's design
                      capacity category specified in
                      § 265.1084(b](2)(i)(D) of this subpart,
                      then an. explanation: of the reason, or
                      reasons why the waste was not
                      managed: in accordance with this
                      subpart.
                        (e) An owner or operator placing
                      waste in a hazardous- waste-
                      management unit pursuant to
                      S 265.1082{aHlHi>ef this subpart shall
                      record the-following infonnatitaa fot
                      each waste management unit?
                        p.) Date, time, and location that each-.
                      waste sample is collected for direct
                      measurement waste determination of.
                      volatile organic-concentration in.
                      accordance with. § 265.1082(al of this
                      subpart
                        (2) All waste determination  volatile
                      organic concentratiazi results from either
                      direct mtmtHnem&ntm- performed in
                      accordance-with $ 2Q5.1083(a}{lJf $ o*
                      this subpart or knowledge documented
                      in accordance: with 126S1083|a}flHii) of
                      mis subpart.
                        (3) If the volatile-organic
                      concentration of the- waste placed in the
                      waste management.unit i» equal, to- or
                      greater than. 500 ppmw, then an
                      explanation- of the reason or reasons
                      why the waste was not managed in-
                      accordance with thi» subpart.
                        (d) An owner or operator placing
                      waate ia a hazardous waste
                      management unit pursuant to
                      $ 265-.loe2{a)£l){fi} of this, subpart shall
                      record trtefollnwring information for
                      each waste management unit::
                        (1}Date, time, and location tho£ each.
                      waste- sample i* collected far direct
                      measurement detenmnaiioTt of volatile
                      organic concentration in. accoxdance
                      with. $ 26il082fa} of this subpart.
   (2} All waste determination volatile
 organic concentration results from either
 direct measurements performed in
 accordance with § 265.1C83(b](lKi} of
 this subpart or knowledge, documented
 in accordance with § 265.1083(b)tl)(ii) of -
 this subpart
   (3) If the volatile organic
 concentration, of the waste placed in. the
 waste management unit is, equal to or
 greater than 500 ppmw, then an
 explanation of the reason or reasons
 why the waste was not managed in
 accordance with this subpart. '
   {e} AH records required by paragraphs
 (a), (b), (c) and (d) of this section except
 as required in paragraphs fa)(3), (aj(4j,
 and (a)(5) shall be maintained in the
. operating-record until closure of the  ..
 facility. All records required by
 paragraphs (a)(3), (a)(4),.and (a#5) of
 this section shall be maintained in the '
 operating record fora minimum of three
 years,
   (f) The owner or operator ef any  j
 facility that is subject to thia subpart
 and to the control device regulations in
 40 CFR 60 snbpert VV or 40 CFR 61
 subpart V, may elect to demonstrate
 compliance with mis subpart by
 documentation either pursuant to this
 subpart, or pursuant to the provisions of
 40 CFR part 60 OT 61, to fee extent that
 the documentation under 40 CFR part 60
 or part 61 duplicates the documentation
 required under this sabpart.
   [Approved by the Office of Management
 and Budget under control number 2000-	,J

 § 265.1090  Alternative contraf
 requirements for tanks.
   (aj The owner or operator of a
 hazardous waste management facility
 that manages waste in tanks may infttnH
 and operate one of the following types
 of control equipment as. an alternative to
 complying with £ 265.1084{b)[l}.
   (1) A fixed roof and internal floating
 roof. The fixed roof shall comely with
 the requirements of paragraph
 § 265 JOB4{b)(ll[i](Aj. The internal
 floating roof shall rest or float on the
 liquid surface (but not necessarily in
 complete contact with it} inside a tank
 that has a fixed roof. The internal
 floating roof shall be floating on the
 waate surface at all times, except during
 initial fill and during those intervals:
 when the tankia completely emptied or
 subsequently emptied and refilled.
 When the roof ia resting OB the leg
 supports, the process of filling,
 emptying, or refilling shall be continuous
 and shall be accomplished aa rapidly as
 possible.,
   ft) Each internal floating roof shall be
 equipped with one of the following
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                  Federal Register / Vol.  56, No. 140 / Monday. July 22, 1891 / Proposed Rules
                                                                       33575
 closure devices between the wall of the
 tank and the edge of the internal floating
 roofc
   (A) A foam- or liquid-filled seal
 mounted in contact with the liquid
 (liquid-mounted seal). A liquid-mounted
 seal means a foam- or liquid-filled seal
 . mounted in contact with the liquid
 between the wall of the tank and the
 floating roof continuously around the
 circumference of the tank.
   (B) Two seals mounted one above the
 other so that each forms a continuous
 closure that completely covers the space
 between the wall of the tank and the
 edge of the internal floating roof. The
 lower seal may be vapor-mounted, but
 both shall be continuous.
   (C) A mechanical shoe seal. A
 mechanical shoe  seal is a metal sheet
 held vertically against the wall of the
 tank by springs or weighted levers and
 is connected by braces to the floating
 roof. A flexible coated fabric (envelope)
 spans the annular space between the
 metal sheet and the floating roof. •
   pi) Each opening in a noncontact
 internal floating roof except for
 automatic bleeder vents (vacuum
 breaker vents) and the rim space vents
 is to provide a projection below the
 waste surface.
   (iii) Each opening in the internal
 floating roof except for leg sleeves,
 automatic bleeder vents, rim space
 vents, column wells, ladder wells,
 sample wells, and stub drains is to be
 equipped with a cover or lid which is to
 be maintained in a closed position at all
 times~(Le., no visible gap) except when
 the device is in actual use. The cover or
 lid shall be equipped with a gasket
 Covers on each access hatch and
 automatic gauge float well shall be
 bolted except when they are in use.
  (iv) Automatic bleeder vents shall be
 equipped with a gasket and are to be
 closed at all times when the roof is
 floating except when the roof is being
 floated off or is being landed on the roof
'leg supports.
  (v) Rim space vents shall be equipped
 with a gasket and are to be set to open
 only when the internal floating roof is
 not floating or at the manufacturer's
 recommended setting.
  (vi) Each penetration of the internal
 floating roof for the purpose of sampling
 shall be a sample well The sample well
 shall have a slit fabric cover that covers
 at least 90 percent of the opening.
  (vii) 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.
  (viii) Each penetration of the internal
 floating roof that allows  for passage of a
  ladder shall have a gasketed sliding
  cover.
    (2) An external floating roof. Each
 • external floating roof shall meet the
  following specifications:
    (i) Each external floating roof shall be
  equipped with a closure device between
  the wall of the tank and the roof edge.
  The closure device is to consist of two
  seals, one above the  other. The lower
  seal is referred to as  the primary seal,
  and the upper seal is referred to as the
  secondary seal.
    (A) The primary seal shall be either a
  mechanical shoe seal or a liquid-
  mounted seal. Except as provided in
  § 265.1090{b)(2)(iv) of this section, the
  seal shall completely cover the annular
  space between the edge of the floating
  roof and tank well.
    (B) The secondary  seal shall
.  completely cover the annular space
  between the external floating roof and
  the wall of the storage vessel in a
  continuous fashion except as allowed in
  § 265.1090(b)(2)(iv) of this section.
    (ii) Except for automatic bleeder vents
  and rim space vents,  each opening in a
 noncontact external floating roof shall
 provide a projection below the waste
 surface. Except for automatic bleeder
 vents, rim space vents, roof drains, and
 leg sleeves, each opening in the roof is
 to be equipped with a gasketed cover,
 seal, or lid that is to be maintained in a
 closed position at all  times (i.e., no
 visible gap) except when the device is in
 actual use. Automatic bleeder vents are
 to be closed at all times when the roof is
 floating except when the roof is being
 floated off or is being landed on the  roof
 leg supports. Rim vents are to be set to
 open when the roof is being floated off
 the primary seal or the secondary seal
 (if one is in service) through manholes
 and roof hatches on the fixed roof at
 least once every 12 months after initial
 fill. If the internal floating roof is not
 resting on the surface of the waste
 inside the tank, or there is liquid
 accumulated on the roof, or the seal  is
 detached, or there are holes or tears in
 the seal fabric, the owner or operator
 shall repair the items  or empty and
 remove the tank from service within 45
 days. If a failure that is detected during
 inspections required in this paragraph
 cannot be repaired within 45 days and if
 the tank cannot be emptied within 45
 days, a 30-day extension may be
 requested from the Regional
 Administrator in the inspection report
 required in § 265.1090{c){l)(ii) of this
 section. Such a request for an extension
 shall document that alternate capacity is
 unavailable and specify a schedule of
 actions the company will take that will
 assure that the control equipment will
 be repaired or the tank will be emptied
•as soon as possible.
, • • (iii) For tanks equipped with a double-
 seal system as specified in
 § 265.1090(a)(l)(i)(B) of this section:
   (A) Visually inspect the tank as
 specified, in paragraph (b)(l)(iv) of this
 section at least every 5 years; or
   (B) Visually inspect the tank as
 specified in paragraph (b)(l)(ii) of this
 section.
   (iv) Visually inspect the internal
 floating roof, the primary seal, the
 secondary seal (if one is hi service),
 gaskets, slotted membranes (if any), and
 sleeve seals (if any) each-time the tank
 is emptied and degassed. If the internal
 floating roof has defects, the primary
 seal has holes, tears, or other openings
 in the seal .or the seal fabric, or the.
 gaskets no longer close off the liquid
 surfaces from the roof leg supports or at
 the manufacturer's recommended
 setting. Automatic bleeder vents and rim
 space vents are to be gasketed. Each
 emergency roof dram is to be provided
 with a slotted membrane fabric cover
 that covers at least 90% of the area of
 the opening.
   (v) The roof shall be floating on the
 waste at all times (i.e., off the roof leg
 supports) except during initial fill until
 the roof is lifted off leg supports and
 when the tank is completely emptied
 and subsequently refilled. The process
 of filling, emptying, or refilling when the
 roof is resting on the leg supports shall
 be continuous and shall be
 accomplished as rapidly as possible.
   (3) An alternative means of emission
limitation for which a Federal Register
notice has been published according to
the provision of 40 CFR 60.114b
permitting its use as an alternative
means for purposes of compliance with
40 CFR 60.112b.
  (b) Monitoring and inspection of the
control equipment described in
paragraphs (a)(l) and (a)(2) of this
section shall be conducted as follows:
  (1) After installation, owners and
operators of internal floating roofs shall:
  (i) Visually inspect the internal
floating roof, the primary seal, and the
secondary seal (if one is in service),
prior to filling the tank with waste. If
there are holes, tears, or other openings
in the primary seal, the secondary seal,
or the seal fabric or defects in the
internal floating roof, or both, the owner
or operator shall repair the items before
filling the tank.
  (ii) For tanks equipped with a liquid
mounted or mechanical shoe primary
seal, visually inspect the internal
floating roof and the atmosphere, or the
slotted membrane has more than 10
percent open area, the owner or
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33576
Federal Register / Vol. 56,  No. 140 / Monday, July 22, 1991 / Proposed Rules
operator shall repair the items as
necessary so that none of the conditions
specified in this paragraph exist before
refilling the tank with waste. In no event
shall inspections conducted in
accordance with this provision occur at
intervals greater than 10 years in the
case of tanks conducting the annual
visual inspection as specified in
paragraph (b)(l)(ii) of this section, and
at Intervals no greater than 5 years in
the case of tanks specified hi paragraph
(b)(l)(iii) of this section.
  (v) Notify the Regional Administrator
in writing at least 30 days prior to the
filling or refilling of each tank for which
an inspection is required by paragraphs
(b){l)(i) and (b)(l)(iv) of this section to
afford the Regional Administrator the
opportunity to have an observer present
If the inspection required by paragraph
(b){l)[iv) of this section is not planned
and the owner or operator could not
have known about the inspection  30
days in advance of refilling the  tank, the
owner or operator shall notify the
Regional Administrator at least 7  days
prior to the refilling of the tank.
Notification shall be made by telephone
immediately followed by written
documentation demonstrating why the
inspection was unplanned.
Alternatively, this notification, including
the written documentation, may be
made in writing and sent by express
mail so that it is received by the
Regional Administrator at least 7  days
prior to the refilling.
  (2) After installation, owners  and
operators of external floating roofs shall:
  (i) Determine the gap areas and
maximum gap widths between the
primary seal and the wall of the tank
and between the secondary seal and the
wall of the tank according to the
following frequency.
  (A) Measurements of gaps between
the tank wall and the primary seal (seal
gaps) shall be performed during the
hydrostatic testing of the tank or within
60 days of the initial fill with waste and
at least once every 5 years thereafter.
  (B) Measurements of gaps between
the tank wall and the secondary seal
shall be performed within 60 days of the
initial fill with waste and at least once
per year thereafter.
  (C) If any tank ceases to hold waste
for a period of 1 year or more,
subsequent introduction of waste into
the tank shall be considered an initial
fill for the purposes of paragraphs
(bH2Ki)(A) and (b)(2Hi)(B) of this
section.
  (11) Determine the gap widths and
areas in the primary and secondary
seals individually by the following
procedures:
                        (A) Measure seal gaps, if any, at one
                      or more floating roof levels when the
                      roof is floating .off the roof leg supports.
                       • (B) Measure seal gaps around the
                      entire circumference of the tank in each
                      place where a 0.32 cm (0.13 in) diameter
                      uniform probe passes freely (without
                      forcing or binding against seal) between
                      the seal and the wall of the tank and .,
                      measure the circumferential distance of
                      each such location.
                        (C) The total surface area of each gap
                     „ described in paragraph (b)(2)(ii)(B) of
                      this section 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.
                        (iii) Add the gap surface area of each
                      gap location for the primary seal and the
                      secondary seal individually and divide
                      the sum for each seal by the nominal
                      diameter of the tank and compare  each
                      ratio to the respective standards in
                      paragraph  (b)(2)(iv) of this section.
                        (iv) Make necessary repairs or empty
                      the tank within 45 days of identification
                      in any inspection for seals not meeting
                      the following requirements:
                        (A} The accumulated area of gaps
                      betweerrthe tank wall and the
                      mechanical shoe or liquid-mounted
                      primary  seal shall not exceed 212 cm2
                      per meter (10.1 in2 per foot) of tank
                      diameter, and the width of any portion
                      of any gap shall not exceed 3.81 cm (1.5
                      'in).
                        (i] One end of the mechanical shoe is
                      to extend into the stored waste, and the
                      other end is to extend a minimum
                      vertical distance of 61 cm (24.0 in) above
                      the stored waste surface.
                        (2) There are to be no holes, tears, or
                      other openings in the shoe, seal fabric,
                      or seal envelope.
                        (B) The secondary seal is to meet the
                      following requirements:
                        (1) The secondary seal is to be
                      installed above the primary seal so that
                      it completely covers the space between
                      the roof edge and the tank wall except
                      as provided in paragraph (b)(2)(ii)(C) of
                      this section.
                         (2) The accumulated area of gaps
                      between the tank wall and the
                      secondary seal shall not exceed 21.2
                      cm8 per meter (1.01 in8 per foot) of tank
                      diameter, and the width of any portion
                      of any gap shall not exceed 1.27 cm (0.50
                      in).
                         (3) There are to be no holes, tears, or
                      other openings in the seal  or seal fabric.
                         (v) If a failure that is detected during
                      inspections required hi paragraph
                      (b)(2)(i) of this section cannot be
                      repaired within 45 days and if the tank
                      cannot be emptied within 45 days, a 30-
                      day extension may be requested from
the Regional Administrator in the
inspection report required in  •  .
|:265.1090(c)(2)(iii) of this section. Such
extension request shall include a
demonstration of the unavailability of
alternate storage capacity and a
specification of a schedule that will     •
'assure that the control equipment will
be repaired or the tank will be emptied
as soon as possible.
  '(vi) Notify the Regional Administrator
30 days in advance of any gap
measurements required by paragraph
(b)(2)(i) of this section to afford the
Regional Administrator the opportunity
to have an observer present.
  (vii) Visually inspect the external
floating roof, the primary seal,
secondary seal, and fittings each time
the vessel is emptied and degassed.
  (A) If the external floating roof has
defects, the primary seal has holes,
tears, or other openings in the seal or the
seal fabric, or the secondary seal has
holes, tears, or other openings in the
seal or the  seal fabric, the owner or
operator shall repair the items as
necessary so that none of the conditions
specified in this paragraph exist before
filling or refilling the tank with waste.
   (B) For all the inspections required by
paragraph (b)(2)(vii) of this section, the
owner or operator shall notify the
Regional Administrator in writing at
least 30 days prior to the filling or
refilling of each tank to afford the :
Regional Administrator the opportunity
to inspect the tank prior to refilling. If
the inspection required by paragraph
(b)(2)(vii) of this section is not planned
and the owner or operator could not
have known about the inspection 30
days in advance of refilling the tank, the
owner or operator shall notify the
Regional Administrator at least 7 days
prior to the refilling of the tank.
Notification shall be made by telephone
immediately followed by written
documentation demonstrating why the
inspection was unplanned.
Alternatively, this notification, including
the written documentation, may be
made in writing and sent by express
mail so that it is received by the
Regional Administrator at least 7 days
prior to the refilling.
   (c) Owners and operators who elect to
install and operate the control
equipment in paragraph (a) of this
section shall include the following
information in the operating record:
   Q} Internal floating roof, (i)
Documentation that describes the
control equipment design and certifies
that the control equipment meets the
specifications of § 265.1090 (a)(l) and
(b)(l) of this section.
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                 Federal Register / Vol  56,  No. 140 / Monday. July 22.  1991  /  Proposed Rules           33577
  (ii) Records of each inspection
performed as required by
§ 265.1090(b)(l) OHiv) of this section,.
Each record shall identify the tank on
which the inspection was performed and
shall contain the date the tank was
inspected and the observed condition of
each component of the control
equipment (seals, internal floating roof,
and fittings).
  (iii) If any of the conditions described
in § 265.1090(b)(l)(ii) of this section are
detected during the annual visual
inspection required by
§ 265.1090(b)(l)(ii) of this section, the
records shall identify the tank, the
nature of the defects, and the date the
tank was emptied or the  nature of and
date the repair was made.
  (iv) After each inspection required by
§ 265.1090(b)(lXiii) of this section that
finds holes or tears hi the seal or seal
fabric, or defects in the internal floating
roof, or other control equipment defects
listed hi § 2B5.1090(b)(l)(ii) of this
section, the record shall identify the
tank and the reason it did not meet the
specifications of § 265.1090[a](l) or
§ 265.1090[b)(l)(iii) of this section and
describe each repair made.
  (2) External floating roof. (i)
Documentation that  describes the
control equipment design and certifies
that the control equipment meets the
specifications of S 285.1090(a)(2) and
S 265.1090(b)[2)(iiHiv) of this section.
  (ii) Records of each gap measurement
performed as required by
S 265.1090(b)(2) of this section. Each
record shall identify the tank hi which
the measurement was performed, the
date of measurement, the raw data
obtained hi the measurement, and the
calculations described in S 265.1090
(b)(2)(ii) and fb)(2)(iii) of this section.
  (iii) Records for each seal gap •
measurement that detects gaps
exceeding the limitations specified by
§ 26S.1090(b)(2)(iv) of this section that
identifies the tank, the date the tank
was emptied or the repairs made, and
the nature of the repair.
  34. In 40 CFR part 265, Appendix VI is
added to read as follows:
Appendix VI to Part 265—Calculation
Procedure for Determination of Waste
Volatile Organic Concentration
  Appendix VI describes the calculation
procedure that shall be used to compute the
waste volatile organic concentration value
for comparison to the limit specified in
S 265.1082(a)(i) of this part: Any inferences
derived from the value determined by the
procedure described hi this appendix apply
only to those times at which sampling is
performed. The procedure makes no attempt
to draw inferences to any other times;
however, the requirement to sample when the
waste volatile organic concentration is
 expected to be highest suggests that waste
 concentrations at other times should not
.. exceed the value determined by the
 procedure.     ,        -
   The mean of the logarithms of the sample
 measurements is calculated and a t-test is
 performed to determine whether the waste
 volatile organic concentration is less than 500
 ppmw.

 Notation
 ni=number of waste samples selected at the
     i"> time period (for any sampling period.
     n1 shall be at least 4).
 Xu=natural logarithm of the measured
     volatile organic concentration of the j>th
     sample at time i (i=0,l,2,...., and
     j=lA~..nJ,
 Xj=the mean of the Xy at time period i.
 X,=   .   X«/n,
 8]=the standard deviation of the Xu at time
     period!.
                                          TABLE VI.1 .—PERCENTAGE POINTS OF T-
                                                     DISTRIBUTIONS .
               "I-1
                 (Eq. 2)
 K,=degreee of freedom used in t-test at time
 Kj=(ni-r-l)                        (Eq. 3)

   A t-teat is used to determine if the waste
 volatile organic concentration is below the
 action level, 500 ppmw. The null hypothesis is
 that the true geometric mean of samples
 taken at time i is 500 ppmw (or more); the
 alternative hypothesis is that it is less than
 500 ppmw. The test is conducted at the 0.10
 significance leveL Critical values of the t-
 distribution with KI degrees of freedom (the
 upper 90th percentage point) are given hi
 Column 2 of Table X.1 and are denoted below
 as t,. The null hypothesis for time i is rejected
 (i.e., the waste is judged to qualify for
 management in units that are not controlled
 for organic air emissions) i£
X,-ln(500)

  8,/Vn,


Or equivalentiy, i£


exptXj+t, 8,/Vni)<500
                                  (Eq.4)
                                  (Eq.5)
Degrees of freedom. Ki
1 " „ -
3
6 	 -,.-,. 	 	
9>>t 	 „.„.......„„, 	 ..«..„..„..„...
12 	 i 	
14 « __. _
is ' ; 	 	
16 •• 	
17..«.»...»»H»H.»..»....~»«»..»«.W..
1fl
1fl., 	 , 	
20 	 ; 	
21- _ _. 	 . 	 _
22 ,„.....„„-„,"„,-,„-„,„-„...,.......-
23 	 	 	 	 ...„ 	
?A -,-„„... -, 	 	 -, 	
25 	 ..„_ 	
26 	
?7 , .,,,,..-,--, 	 „....
28 and over ««.«»«..»..«»—»..—«
90-th Percentage
point, t,
3.078
1.886
1.638
1.533
1.476
1.440
1.415
1.397
1.383
1.372
1.363
1.356
1.350
1.345
1.341
..1.337
1.333
1.330
. 1.328
1.325
1.323
1.321
1.319
1.318
1.316
1.315
1.314
1.313-
                                           35. In 40 CFR part 265, appendix VII is
                                         added to read as follows:

                                         Appendix VH to Part 265—Calculation
                                         Procedure for Weighted Average Waste
                                         Volatile Organic Concentration

                                           Appendix VQ describes the calculation
                                         procedure that shall be used to compute the
                                         weighted average waste volatile organic
                                         concentration value for determining if waste
                                         dilution has occurrd per S 285.1033(b)(2) of
                                         this part The equation is  used to calculate
                                         the weighted average volatile organic
                                         concentration for all of the waste streams
                                         entering the treatment unit For a waste
                                         stream entering the treatment unit having a
                                         volatile organic concentration equal to or
                                         greater than 500 ppmw, the measured
                                         concentration is used in the equation. For a
                                         waste stream entering the treatment unit
                                         having a volatile organic concentration less
                                         than 500 ppmw, the value of 500 ppmw is
                                         used in the equation.
   For waste determinations, X, is calculated
 by averaging the logarithms of the measured
 values using Equation 1. The other values for
 the t-test BI and KI, are calculated from
 Equations 2 and 3, respectively.
                                                       X SOO ppw)

                                                        2-0*1+  i:
                                                        J-l   J    1-1
                                                            (Eq. «)
                                         where
                                         C=volatile organic concentration (ppm by
                                             weight)
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 33578
•Federal Register / Vol. 56, No.  140 / Monday, July 22,  1991 / Proposed Rules
Q«j—quantity of each waste stream (J) to be
    treated that has a volatile organic ,
    concentration greater than or equal to
    500 ppmw (Mg], concentration as
    measured at the point described in
    i 2S5.1083(a)(l)
Qbi-> quantity of each waste stream (i) to be
    treated that has a volatile organic
    concentration less than 500 ppmw (Mg)
Cbj" tho concentration of each waste stream
    (i) to be treated that is less than 500
    ppmw (ppmw), as measured at the point
    described in i 285.1083[a)(l)
in—the number of waste streams with.
    concentration greater than or equal to
   < 500 ppmw
n«lho number of waste streams with
    concentration less than 500 ppmw.

Part 270—EPA Administered Permit
Programs: The Hazardous Waste
Management Program

  SB. The authority citation for part 270
continues to read as follows:
  Authority: 42 U.S.C. 6905,6912,6924,6925,
0027,6939, and 6974.

Subpart A—General Information,

  37. Section 270.4 is amended by
revising paragraph (a) to read as
follows:

1270.4  Effect of a permit
  (a) Compliance with an RCRA permit
during iU term constitutes compliance
for purpose of enforcement with Subtitle
C of RCRA except for those
requirements not included in the permit
which become effective by statute, or
which are promulgated under Subparts
AA, BB, and CC of Part 265 of this
chapter limiting air emissions, or which
axe promulgated under Part 268 of this
chapter restricting the placement of
hazardous waste in or on the land.
Subpart B— Permit Application
  38. Section 270.14 is amended by •
revising paragraphs (b)(5), (b)[8)(vi), and
(b){13) to read as follows:
5 270.14 Contents of part B: Genera!
  (b)*  *  *
  (5) A copy of the general inspection
schedule required by § 284.15(b). Include
where applicable, as part of the
Inspection schedule, specific
requirements in 55 264.174, 245.193(i),
284.195, 204.226, 284.254, 264.273, 264.303,
264.602, 264.1033, 264.1052, 264.1053,
264.1058, 264.1087, 264.1088, and
284.1090.
                         [8] * * *
                         (vi) Prevent releases to the
                       atmosphere.
                       *******
                         (13) A copy of the closure plan and,
                       where applicable, the postclosure plan
                       required by 5 § 264.112, 264.118,' ad
                       264.197. Include, where applicable, as
                       part of the plans, specific requirements
                       in §§ 264.178, 264.197, 264.228, 264.258,
                       264.280, 264.310, 264.351, 264.601, 264.603,
                       and 264.1084.
                      "*****
                         39. Section 270.15 is amended by
                       adding paragraph (e) to read as follows:

                       § 270.15  Specific part B Information
                       requirements for containers.
                       *****
                         (e) Information on air emission control •
                       equipment as required in § 270.26.
                         40. Section 270.16 is amended by
                       adding paragraph (k) to read as follows:

                       § 270.16  Specific part B Information
                       requirements for tank systems.
                       *****
                         (k] Information on air emission control
                       equipment as required in § 270.26.
                         41. Section 270.17 is amended by
                       adding paragraph (j) to read as follows:

                       § 270.17  Specific part B Information
                       requirements for surface Impoundments.
                       *****
                         fj) Information on air emission control
                       equipment as required in § 270.26.
                         42. Part 270 subpart B is amended by
                       adding 5 270.26 to read as follows:

                       § 270.26  Specific part B Information
                       requirements for air emission controls for
                       tanks, surface Impoundments, and
                       containers.
                         Except as otherwise provided in
                       S 264.1083, owners and operators of
                       facilities that require air emission
                       controls for tanks, surface
                       impoundments, and containers shall
                       provide the following additional
                       information:
                         (a) For closed vent systems and
                       control devices, design and performance
                       information as specified in § 270.24 (b)
                       and (c),
                         (b) For faculties required to install
                       covers or enclosures to comply with 40
                       CFR 264 subpart CC or 40 CFR part 265
                       subpart CC, detailed design
                       specifications.
                         (c) An emission monitoring plan for
                       both Reference Method 21 and control
                       device monitoring methods, including:
                         (1) Monitoring point(s),
                         (2) Monitoring methods for control
                       devices,
.  (3) Monitoring frequency,
  .(4) Procedures for documenting
exceedances, and
  (5) Procedures for mitigating
noncompliances.
  (d) For tanks managing waste greater ;
than the vapor pressure limits provided
in | 264.1083, the predicted tank holding
temperatures and ambient temperatures.
  (e) For facilities that cannot install
control equipment to comply with the
provisions of 40 CFR part 265 subpart
CC on the effective date that the facility
became subject to the provisions of 40
CFR part 264 subpart CC or 40 CFR part
265 subpart CC, an implementation
schedule that includes dates by which
the control equipment will be installed
and in operation. The schedule shall .
also include a rationale why the
installation could not be completed at
an earlier date. The controls shall be
installed as soon as possible, but the
implementation schedule may allow up
to 18 months after the effective date that
the facility becomes subject to the
provisions of 40 CFR part 264 subpart
CC or 40 CFR part 265 subpart CC for
installation and startup. All units that
begin operation 6 months after the
promulgation date of the final rule shall
comply with the rules immediately (i.e.,
shall have control equipment installed
and operating on startup of the affected
unit).
  (f) Documentation demonstrating that
a waste is in compliance with the
applicable land disposal performance
standards in 40 CFR part 268, subpart D
for the treatment of organic-containing
waste and is, therefore, not required to
comply with the control and monitoring
requirements of 40 CFR part 264
subparts CC or 40 CFR part 265 subpart
CC.
(Approved by the Office of Management and
Budget under control number 2060-    .)

PART 271—REQUIREMENTS FOR
AUTHORIZATION OF STATE
HAZARDOUS WASTE PROGRAMS

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

Subpart A—Requirements for Final
Authorization

§271.1 [Amended]
  44. Section 271.1Q) is amended by
adding the following entry to Table 1 in
chronological order by date of
publication:
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                  Federal Register / Vol. 56.  No. 140 / Monday. July 22. 1991  /  Proposed Rules           33579


                TABLE 1. -REGULATIONS IMPLEMENTING THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984
          Promulgation date    '                Trtte of regulation                Federal Register Terence  '            Effective date""""



 (PUtafa, date o, M n,e) ------------------ .1 *>               •«- ""      «-"   Fede^ Raster ^enoa* of «na,  (PubHcaJn date o, M Me

                                                                                         . .        pjus g nionths).
      -                                  chronological order by date of
   44. Secbon 271.1(j) is amended by        publication:
 adding the following entry to Table 2 in


            TABLE ^-SELF-IMPLEMENTING PROVISIONS OF THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984
          •Effactivedata                  Se^mptemanting provision                 RCRAdtation         ..   Fsdem. Register mteren
          date of final rule plus 6  Air standards for Tanks, Surface Impound-  3004(n)	[	         '       flnsert rJL^ Rnntete,
         	ments. and Containers.                           .        '.—	<"^•%*££**".
IFR Doc. 91-16416 FUed 7-19-91; &45 am]

B1UJNQ CODE 8580-50-11
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