United States . Solid Waste and
Environmental Protection Emergency Response
Agency , ' (5305W)
PB96-207 022
EPA530-R-96-021.
RCRA, Superfund & EPCRA
Hotline Training Module
Introduction to:
Air Emission Standards
(40 CFR Parts 264/265,
Subparts AA, BB, and CC)
Updated July 1996
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DISCLAIMER
This document was developed by Booz-Allen & Hamilton Inc. under contract 68-W6-0016 to EPA. It is intended
to be used as a training tool for Hotline specialists and does not represent a statement of EPA policy.
The information in this document is not by any means a complete representation of EPA's regulations or policies.
This document is used only in the capacity of the Hotline training and is not used as a reference tool on Hotline
calls. The Hotline revises and updates this document as regulatory program areas change.
The information in this document may not necessarily reflect the current position of the Agency. This document
is not intended and cannot be relied upon to create any rights, substantive or procedural, enforceable by any
party in litigation with the United States.
RCRA, Superfund & EPCRA Hotline Phone Numbers:
National toll-free (outside of DC area)
Local number (within DC area)
National toll-free for the hearing impaired (TDD)
(800) 424-9346
(703)412-9810
(800) 553-7672
The Hotline is open from 9 am to 6 pm Eastern Standard Time,
Monday through Friday, except for federal holidays.
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AIR EMISSION STANDARDS
CONTENTS
1. Introduction ,.. 1
2. Air Pollution Overview ; , 3
2.1 Ozone ......:.. .. 3
. 2.2 Air Toxics .- , : 1 3
3. Regulatory Summary :. 5
3.1 ' Subpart AA , 6
3.2 Subpart BB ! -. ,..' , 10
"3.3 Subpart CC .: 13
4. Special Issues ; 17
4;1 Permit-as-a-Shield .....'. ...17
4.2 Interface with Clean Air Act : ...; :.... 17;
4.3 Applicability of Subparts AA and BB to Large Quantity
Generators 17.
s -
5. Regulatory Developments 19
5.1 Subpart CC Delay of Effective Date...: 19
5.2 Subpart CC Clarification Notice..... '.: ....:..., 19.
5.3 Subpart CC Regulatory Revisions .-.. 19
' 5.4 Phase III of the RCRA Air Emission Standards !... .19
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Air Emissions -1
1. INTRODUCTION
The Resource Conservation and Recovery Act (RCRA) requires the safe and
effective management of hazardous waste from the point of generation to ultimate
.disposal! In 1984, as part of the Hazardous and Solid Waste Amendments (HSWA), '
Congress established the land disposal restrictions (LDR) which require that.'
hazardous wastes be treated to meet specific standards prior to land disposal. .These
restrictions impose treatment standards1 on RCRA hazardous wastes to ensure that
wastes are treated before they are placed on the land to minimize any. future release
of hazardous constituents to soil and groundwater. Some of the treatment
technologies that are used to meet these standards, however, release hazardous
constituents to 'the air during the treatment process. Thus, while treating hazardous
waste prior to land disposal can protect groundwater, releases to the air can
diminish this benefit by shifting the pollution from one environmental medium to
. another. This type of situation is called "cross-media pollution." .In(order to '
minimize the threat of this type of pollution, HSWA added §3004(n) to RCRA, , '
granting EPA the authority to promulgate regulations for monitoring and control of
air emissions resulting from RCRA hazardous waste management activities as
necessary to protect human health and the environment.
This module provides a regulatory overview of the RCRA air emissions .standards
as they apply to hazardous waste facilities. When you complete this module, you
will be able to explain the history of the RCRA air emission standards as well as the
air emission controls required by the standards. Specifically, you will be able to:-
»
Explain the difference between the air emission standards in Parts 264/265,
% Subparts AA, BB, and CC
Summarize the requirements of each of these subparts
Identify the types of units subject to these requirements as well as specific
exemptions. ' ' . '
Use this list .of objectives to check your understanding of this topic after you
complete the training session. . ,
The information in this document is not by any means a complete representation or EPA s regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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2 - Air Emissions
The information in this document is not by any means a complete representation of EP A's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Air Emissions - 3
2. AIR POLLUTION OVERVIEW
The need to control organic air emissions from waste management sources stems
from the adverse affects that volatile organics can have on human health and the
environment. EPA estimates that approximately eight percent of the nation's
volatile organic emissions are produced by hazardous waste treatment, storage, and
disposal facilities (TSDFs). When establishing the RCRA air emission standards,
'EPA focused on two major concerns: ozone and air toxics. ,
2.1 OZONE
The effects of ozone on air quality can be both beneficial and detrimental to human
health and the environment. In the presence of sunlight, organic compounds
(including those emitted from waste management facilities) undergo a series of
complex chemical reactions to form two by-products: ozone and aerosol. The
Aerosol that is formed restricts visibility and creates photochemical smog. Ozone
has been proven to yield harmful effects as well. Ozone exists in both the earth's.
upper atmosphere (stratosphere) and the lower atmosphere (troposphere). In the
stratosphere, ozone protects us from the damaging effects of the sun's radiation by "
acting as a filtering mechanism. In the troposphere, however, exposure to ozone
has been shown to have more severe effects, including inflammation of lungs,
impaired breathing, reduced breathing capacity, coughing, chest pain, and nausea. .
2.2 AIR TOXICS
. N '
Air toxics are air pollutants that cause cancer or other adverse health effects.
Sources of these pollutants include large industrial settings such as chemical plants,
petroleum refineries, and power plants, as well as more diverse sources such as dry
cleaners and paint manufacturers.
Of the 190 chemicals currently identified as air toxics under the Clean Air Act
(CAA), a significant number are organic compounds. Exposure to air toxics affect
neurological, respiratory, and reproductive systems. , >
The information in this document is not by any means a complete representation of EPA s regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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4 - Air Emissions
The information in this document is not by any means a complete representation ol c.t'A s regulations or policies, .
but is an introduction to the topic used for Hotline training purposes.
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Air Emissions - 5
3. REGULATORY SUMMARY
XEPA has the specific authority to control air emissions at RCRA hazardous waste
facilities (§3004(n)). Under this authority, EPA's approach to controlling organic air
emissions is designed to significantly reduce these emissions as a class rather'than '
controlling the emission of individual waste constituents. This means that instead
of regulating organic-emissions on a chemical-by-chemical basis (e.g., setting
emission standards for each individual organic wastestream), EPA places emission
control standards on those facilities managing wastes that contain a certain
concentration of organic compounds. Thus, instead of regulating certain organic
compounds, the RCRA air emission standards are established according to the type
of waste management activity involved and the ways in which the emissions occur.
The RCRA air emission standards were promulgated in phases. The first phase
includes 40 CFR Parts 264/265, Subparts AA and BB. These subparts address air
emissions from process vents associated with certain types of treatment processes
(Subpart AA) as well as leaks from certain types of equipment at TSDFs and large
quantity generators (Subpart BB). At such facilities, owners/operators are required
to install control equipment and employ management practices to reduce air
emissions from affected units and .equipment..
Phase II of the RCRA air emission standards, Parts 264/265, Subpart CC, requires
controls to be placed on tanks, surface impoundments, and containers located at
RCRA waste management facilities. The last phase of the RCRA air emission
standards, Phase III, is dependent on the ability ofSubparts AA, BB, and CC to '
effectively reduce volatile organic emissions. If there is still a significant risk posed
by organic air emissions, EPA will develop additional air emissions standards.
Phases I and II of the RCRA air emission standards are discussed in this module.
> ;
< . . '
There is no difference between'the air emission standards in Part 264 and Part 265,
except for reporting requirements. There are no reporting requirements under 40
CFR Part 265 for owners/operators of interim status TSDFs, or for large quantity
generators. Thus, any reference made in this document to a particular section of 40
CFR may be applied,to the requirements contained in either Part 264 or 265.
The information in this document is not by any means a complete representation of EPA s regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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6 - Air Emissions
ise
3.1 SUBPARTAA
The, following types of units are subject to the. Subpart AA process vent standards:
Units subject to the permitting standards of Part 270 (i.ev permitted or interim
status)
Recycling units located at hazardous waste management facilities otherw
subject to the permitting standards of Part 270 (i.e., independent of the
recycling unit, the facility already has a RCRA permit or is in interim status)
Large quantity generators (Subpart AA will not apply to large quantity
generators until the October 6,1996, effective date of Subpart CC).
Although most recycling units are exempt from regulation under RCRA, §261.6
subjects certain recycling units to the Subpart AA standards. Thus, recycling units
located at facilities that already have a RCRA permit or are operating in interim
status must also comply with the Subpart AA regulations. The facility must already
be subject to permitting in order for the recycling unit to be subject to Subpart AA.
Any unit exempt from the facility standards under §§264/265.1 is not subject to the
process .vent standards of Subpart AA. For example, a wastewater treatment unit
that otherwise meets the applicability criteria of Subpart AA is not subject to' the
standards, since the unit is exempt from Parts 264/265.
Once an owner/operator has determined that a facility is subject to Subpart AA, the
owner/operator must consider additional applicability criteria to determine whether
the facility is subject to the air emission control requirements.
Subpart AA applies to six specific types of units that have associated process vents:
steam strippers, distillation units, fractionation units, thin-film evaporation units,
solvent extraction units, and air strippers. For purposes of this Subpart, a process
vent is any open-ended pipe or stack that is vented to the atmosphere either directly,
through a vacuum-producing system, or through a tank associated with one of the
six specific types of units (§264.1031). Owners/operators at affected facilities that
have process vents associated with one of these types of units will be required to
meet the standards of Subpart AA if the wastes they are managing have an organic
concentration of at least 10 parts per million by weight (ppmw). Figure 1
summarizes the applicability of the Subpart AA standards. If the preceding criteria
are met, the owner/operator must install air emission controls as discussed in the
next section of the module. -
The information in this document is not by any means a complete representation 01 ci j\ $ regulations or policies,
but is an introduction to the topic used for Hotline training purposes;
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Air Emissions - 7
v.
Figure 1
SUBPART AA APPLICABILITY TREE
Is the unit: '
Permitted or interim status? No
. ' ' Large quantity generator accumulating hazardous waste?
Yes J
,.-'-' No
Distillation
Fractiohation . " '
Thin-film evaporation
Solvent extraction
Air stripping
Steam stripping
Yes 1
T , Yes
No 1
T No
defined in §260.10?
Yes I
T No
organic concentration > 1 0ppmw? ..
Subject to Subpart AA . Not subjectto Subpart /
i
-'
\
The information in this document is not by any means a complete representation or EPA s,regulanons or policies,
but is an introduction to the topic used for Hotline training purposes.
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8 - Air Emissions
AIR EMISSION CONTROL REQUIREMENTS
Owners /operators of facilities subject to Subpart AA must install control
mechanisms that meet one of two standards presented in the regulations.,
Owners /opera tors may reduce of destroy the organics in the wastestream to meet
either of the following conditions (§265.1032{a)):
Reduction of organic air emissions from vents covered by the standards to
both 3.0 pounds per hour and 3.1 tons per year
or
Reduction of organic air emissions by 95 percent by weight.
These figures are based on aggregated emissions from all vents at the facility that are
subject to these standards. As long as the facility meets the total numerical
standards, owners/operators have the. flexibility of reducing some units by a large
amount and others by a lesser amount or not at all. This allows owners /operators
to evaluate all alternatives available and achieve the most cost-effective means of
complying with the standards.
CLOSED-VENT SYSTEMS AND CONTROL DEVICES
In. order to meet the air emission standards discussed above, Subpart AA requires
owners/operators to install and operate control devices on affected units at the
facility in order to remove or destroy organics in its emissions. EPA does not specify
the type of control device that must be used to achieve these standards; however,
individual performance requirements for some types of devices that may be used
are presented in the regulations to assist owners /opera tors in complying with the
requirements. These include vapor recpyery systems, enclosed combustion devices,
and flares. Owners/operators may use other types of control devices as long as the
emission reduction requirements of §265.1032(a) are met. Owners /operators
choosing an alternate method of control must develop criteria indicating proper
operation and maintenance of the device to ensure compliance with the standards.
As mentioned abqve, it is not necessary for every affected unit at the facility to be
equipped with a dontrol device. The emission standards in §265.1032(a) are imposed
on a facility-wide basis; thus, if installing control devices on half of the affected units
at the facility is sufficient to bring organic emissions below the allowable levels, any
remaining units at the facility that are subject, to Subpart AA may continue to
operate with no control devices. . "
"^ . .'
In addition. to control devices, owners /operators must also install closed-vent
systems that will conduct the hazardous waste in the unit to the control device. A
closed-vent system is a system that is not open to the atmosphere and that is -
composed of piping and connections that transport gas or vapor from a piece or
pieces of equipment to a control device (§264.1031). These systems must be designed
representation of EPA's regulations or poicies,
but is an introduction to the topic used for Hotline training purposes.
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Air Emissions - 9
and operated with.no detectable emissions, and periodically inspected and .
monitored for emissions as discussed in the next section.
J
\ ~' *
Inspection and Monitoring , ,
To ensure proper operation and maintenance, owners/operators must monitor and
inspect each closed-vent system and control device used to comply with Subpart AA
(§265.1033(f». Each control device must be inspected and monitored at least once "
-each operating day to ensure proper operation. As with the control device
standards, monitoring requirements are given for certain types of control devices
that are specified in the regulations. Owners/operators using control devices other
than those specifically mentioned must' develop documentation indicating proper
. operation and maintenance of the control device and demonstrating that
performance standards are being met (§265.1033(i)).
If, at any time, inspection of the control device indicates that there is a problem.with
the-operation of the unit (i.e., failure to achieve .the required organic destruction
rate) owners/operators must immediately implement corrective measures necessary
to return the control device to proper operation (§265.1033(f)(3)).,
Closed-vent systems'used to comply with Subpart AA must be monitored annually
or more often if requested by the EPA Regional Administrator. Any detectable
emissions must be controlled as soon as practicable, but not later than 15 calendar
days after the emission is detected.
Recordkeeping and Reporting
The RCRA air emission standards are meant to be self-implementing.
Consequently, EPA does not play an active role in ensuring that facilities are in
compliance with the regulations on a day-to-day basis. Instead, the Agency verifies
that owners/operators are complying with the regulations through facility
inspections and audits. Subpart AA requires owners/operators to keep detailed
records in the facility's operating log to demonstrate compliance with the standards.
Design documentation and monitoring, operating, and inspection information for
each unit used to comply with the Subpart AA standards must be kept up-to-date
and in the facility's operating log for at least three years.
' ' - Ts1
Subpart AA also requires that, every six months, owners/operators report to,their
Regional Administrator any instances during that time period when a control
device exceeded or operated outside of its design specifications (as indicated by
monitoring activities) for a period longer than 24 hours without being corrected
(§264.1036). The report must indicate the duration of each exceedance and any
corrective measures taken to remedy the situation. If during the six-month period
no exceedances occur'at the facility, the owner/operator need not submit a report to
the Regional Administrator.
The Information in this document is not by any means a complete representation of EPA s regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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10 - Air Emissions
Remember that the Subpart AA requirements for permitted facilities and interim
status facilities are identical, except for the reporting requirements. There are no
reporting requirements for owners/operators of interim status facilities, or for large
quantity generators subject to Subpart AA,
3.2 SUBPARTBB
'The following types of units are subject to the Subpart BB equipment leak standards:
Units subject to the permitting standards of Part 270 (i.e., permitted or interim
- status) .
Recycling units located at hazardous waste management facilities otherwise
subject to the permitting standards of Part 270 (i.e., independent of the
recycling unit, the facility already has a RCRA permit or is in interim status)
Units owned or operated by large quantity generators (Subpart BB will not
apply to large quantity generators until the October 6,1996, effective date of
Subpart CC).
Although most recycling units are exempt from regulation under RCRA, §261.6
subjects certain recycling units to the Subpart BB standards. Thus, recycling units
located at facilities that already have a RCRA permit or are operating in interim
status must also comply with the Subpart BB regulations. It is important to note
that the facility must already be subject to permitting in order for the recycling unit
to be subject to Subpart BB.
Like the Subpart AA standards, any unit exempt from the facility standards under
§§264/265.1 is not subject to the process vent standards of Subpart BB. For example,
a wastewater treatment unit that otherwise meets the applicability .criteria of Subpart
BB is not subject to the standards, since the-unit is exempt from Parts 264/265.
Figure 2 summarizes the applicability of the Subpart BB standards. Once an
owner/operator determines that a facility is subject to Subpart BB, the
owner/opera tor must consider additional applicability criteria to determine whether
the facility is subject to the air emission control requirements.
-The information in this document is not by any means a complete representation of bPA s regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Air Emissions -11
Figure 2
SUBPART BB APPLICABILITY TREE
Is the unit:
Permitted or interim status?
Recycling unit at permitted/interim status facility?
Large quantity generator accumulating hazardous waste?
Yes,
Does the equipment meet the.definition of
"equipment" in §260.10?
Yes I
Is the equipment part of an exempt
waste unit under §§264/265.1?
No
No
No
Yes
No
Does the equipment come into contact with
hazardous waste with an organic concentration of at least 10% by weight?
I
Yes
Subject to Subpart BB
1
Not subject to Subpart BB
The information in this document is not by any means a complete representation ot fcl'A s regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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12 - Air Emissions
Subpart BB establishes standards for equipment leaks at hazardous waste facilities by
requiring owners/operators to adopt safe management practices. These
requirements are not limited to those units, process vents, and control equipment
regulated under Subpart AA, but encompass all equipment used at any TSDF. EPA
defines equipment as any valve, pump, compressor, pressure relief device, sampling
connection system, open-ended valve or line, flange, and any other control device
or system required by Subparts AA, BB, or CC (§264.1031). Owners/operators with
equipment associated with any hazardous waste at a facility that contains at least 10
"percent organics by weight are subject to the control requirements of Subpart BB
(§265.1050). .
Equipment Leak Control Requirements
The techniques used to control emissions from equipment leaks under Subpart BB
combine equipment standards with inspection and monitoring requirements to .
ensure compliance with the standards. Specific requirements for each type of
equipment are given in the regulations. These requirements consist, of design and N
operating standards for each category of equipment. The standards also specify the
type and frequency of all inspection and monitoring activities required. All of these
requirements vary, depending on the piece of equipment at the facility. For
example, §265.1053 provides the control standards for compressors. According to
this section, each compressor must be equipped with a seal system that includes a
barrier fluid which will prevent organic emissions from leaking to the atmosphere.
Specifications are given in the regulations for the compressor seal system and the
standards each component must meet. In addition, each barrier fluid must have a
sensor that will detect failure of. the system. Owners/operators must also establish
an inspection and monitoring program as described below.
By requiring certain work practices to be established, EPA is able to ensure that
owners/operators are operating the equipment at the facility in a manner that will
reduce or eliminate the probability of an equipment leak. Subpart BB achieves this
by requiring owner/operators to establish specific leak detection and repair (LDAR)
programs. LDAR programs require leak detection monitoring and/or inspection by
a specific instrument, by visual means, or by sense of smell, depending on the type
of equipment being used at the facility. What constitutes a leak for purposes of
Subpart BB will depend on the type of equipment being used. For example, pumps
are considered to be leaking with an instrument reading of more than 10,000 ppm,
while compressors are considered leaking if the sensor (required by the design
standards) indicates failure of the compressor's seal system. .
Once a leak has been detected, repair must be initiated and completed within a
specified time frame to remain in compliance with the Subpart BB standards.
Again, the time frame by which owners/operators must have repairs completed
depends on the type of equipment. 'As with the previous example, the compressor
standards may be used to illustrate LDAR program implementation. Each sensor
used on the compressor system must be checked daily to ensure that it is
"^^f^nform^hoTun^usaocument is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.'
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Air Emissions -13
functioning properly. If the sensor does indicate a leak, it must be repaired as soon
as practicable, but no later than 15 days after the leak was first detected (§265.1053).
Recordkeeping and Reporting
The recordkeeping and reporting requirements, for' Subpart BB are very similar to
those in Subpart AX. Owners/operators must keep detailed records in the facility's
operating log sufficient to demonstrate compliance with the standards. Such
information includes design documentation and monitoring, operating, and.
inspection information for each piece of equipment affected by Subpart BB. These
records must be kept up^o-date and in the facility's operating log for at least three
years. '
Subpart BB also requires that owners/operators report to their Regional
Administrator every six months, indicating any instances during that time period
when the control device exceeded or operated outside of its design specifications (as
indicated by monitoring activities) for longer than 24 hours without being corrected
(§264.1065). The reports must indicate dates, duration, cause, and any corrective
measures that were taken to remedy the situation; If, during the six-month period,
no exceedances occur at the facility, the owner/operator need not submit any report
to the Regional Administrator.
As in Subpart AA, there are no reporting requirements for owners/opera tors of
interim status facilities, or for large quantity generators subject to Subpart BB.
3.3 SUBPART CG
The requirements of Subpart CC apply to owners /operators that treat, store, or
dispose of hazardous waste in tanks, surface impoundments, or containers
(§265.1080(a)). Subpart CC also applies to miscellaneous units and large quantity
generators accumulating waste in tanks and containers. Units exempt under
§§264/265.1 are not subject to these air emission control requirements. In a'ddition,
the following units are specifically exempt from the air emissions control standards:
A waste management unit that holds hazardous waste placed in it before
October 6, 1996, as long as no hazardous waste is added to the units after
October 6, 1996 . '
A container with a capacity less than or equal to O.lm3 (approximately 26
gallons) . -
A tank or surface impoundment to which an owner/operator has stopped
adding hazardous waste and the owner /opera tor has begun implementing or
completed closure pursuant to an approved closure plan (with possible
exceptions for some surface impoundments)
tnisdocuinentisnotb) representation of EPA's regulationsorpolicies
but is an introduction to the topic used for Hotli
line training purposes.
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14 - Air Emissions
. A waste management unit used solely to manage hazardous waste under
corrective action, CERCLA, or another federal or state remediation authority
A waste management unit used solely to manage radioactive mixed waste.
Owners /operators of TSDFs that manage hazardous waste in tanks, surface
'impoundments, containers, and miscellaneous units as well as large quantity
generators accumulating hazardous waste in tanks and containers must install air
" emission controls only if these units manage waste that exceeds an. average volatile
organic concentration of 100 ppmw. Units managing wastes with organics that have
been removed or destroyed according to specific standards established in the
regulations are not subject to these control requirements. The Subpart CC standards
outline specific procedures and equations for making these determinations
(§265.1084).
AIR EMISSION CONTROL REQUIREMENTS
Tanks, surface impoundments, containers, and miscellaneous units that manage
hazardous waste exceeding the 100 ppmw volatile organic concentration threshold
must install air emission controls that will prevent the release of organic
constituents. For each unit, owners /opera tors must install one of several control
options offered in the Subpart CC requirements.
Tanks
f,
Owners/operators storing hazardous waste in tanks subject to Subpart CC must
place their waste into, one of the following units (§265.1085): '
* Tank equipped with a cover (fixed roof) vented to a control device
Tank equipped with a fixed roof and an internal floating roof
* Tank equipped with an external floating roof
Pressure tank designed to operate as a closed system with no detectable
emissions at all times.
Under certain conditions, specified in the rule, owners /operators may also place the
waste in a tank equipped with only a fixed roof.
Surface Impoundments <
Owners /operators of surface impoundments subject to Subpart CC must install a
cover (e.g., an air-supported structure or a rigid cover) that is vented through a
closed-vent system to a control device. Specific design requirements for the cover,
closed-vent system, and control device are provided in the regulations (§265.1086).
resentation of EPA's regulations or poicies,
but is an introduction to the topic used for Hotline training purposes.
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Air Emissions -15
Containers ' .,. :
/
, f-
Owners/operators of containers subject to'Subpart CC must comply with' one of the
following standards (§265.1087): ' ' .
Container must be.equipped with a vapor leak-tight cover
or
Container must have a design capacity less than-or equal to.0.46m3
(approximately 119 gallons) that is equipped with a cover that complies with
. .all applicable DOT regulations under 49 CFR Part 178 >
or
Container.must be attached to or form part of any. truck-trailer, or railcar, arid
- . must have demonstrated organic-vapor tightness within the preceding 12
months. ,
Each container must be maintained in a closed, sealed position at all times except
when necessary to add or remove waste, inspect or repair equipment, located inside
the container, or vent gases or vapors to a control device.
SAFETY DEVICES
Owners/operators of tanks, surface impoundments, and containers may use a safety
device on their covers, closed-vent systems, or control devices in order to vent
organic emissions directly to the atmosphere. Under Subpart CC, such venting is
allowed only under limited circumstances, such as an unplanned event. The air
emissions standards also specify the conditions with which safety devices must
comply-. ' -
CLOSED-VENT SYSTEMS AND CONTROL DEVICES
Under several of the control options for tanks, surface impoundments, and
containers, owners/operators are required to, install a closed-vent system connected
to a control device in order- to safely vent gases, fumes, and vapors emanating from
the waste management unit. As part of the unit-specific requirements, owners/
operators must comply with the standards for closed-vent systems and control .
devices in Parts 264/265, Subpart AA. ; . .'
INSPECTION AND MONITORING
Owners/operators of tanks, surface impoundments, and containers must visually .
inspect and monitor each cover and cover opening, control-vent system, and
control device (§265.1089). The regulations provide for limited inspection
requirements for, certain types of units operating under specific conditions. For
^^^\e"mformatioTnn"trus documentisnotDy any means a cornpleterepresentation of EPA's regulations or policies,
but is an introduction to the topic used-for Hotline training purposes. /
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16 - Air Emissions
some covers and control devices, owners/operators must also demonstrate
compliance with the air emissions standards through specified test methods. All
owners/operators subject to these requirements must develop and implement a
written plan and schedule detailing how all inspection and monitoring activities
will be implemented at their particular facility.
RECORDKEEPING AND REPORTING
'Owners/operators managing hazardous waste in tanks, surface impoundments, and
containers must record and maintain documentation certifying that the tank covers,
floating membrane covers, container closures, closed-vent systems, and control
devices meet required design and operating standards (§265.1090). Owners/
operators must also maintain records of all tests used'to comply with the air
emissions standards, visual inspections and monitoring, organic vapor
determinations, and other documentation demonstrating compliance with the
Subpart CC standards.
i . / '
Owners/operators of permitted.units are required to report instances of
noncompliance with the tank, surface impoundment, container, and control device
standards to the EPA Regional Administrator (§264.1090). There are no reporting
requirements for owners/operators of interim status units, or for large .quantity
generators. ,
The information in this document is not by any means a complete representation or UFA s regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Air Emissions -17
4. SPECIAL ISSUES
Several complex issues impact the applicability of the RCRA air emissions
standards. : :
4.1 PERMIT-AS-A-SHIELD
Most rulemakings do not require facilities with final permits to immediately
comply with regulations promulgated after final permit issuance. This provision is
commonly known as "permit-as-a-shield" (§270.4). The December 6, 1994, Federal
Register amended §270.4 to require that owners/operators of TSDFs that have,been
issued final permits prior to October 6,1996, comply with the air emission standards
under Part 265,.Subparts A A, BB, and CC, until the facility's permit is reviewed or
reissued (5? ER 62896, 62920). , ". . ..
4.2 INTERFACE WITH CLEAN AIR ACT
Although the control of air emissions is typically an issue addressed under CAA,
RCRA §3004(n) gives EPA the specific authority to address air emissions from
hazardous waste management sources. The RCRA air emission standards are
designed to complement, rather than duplicate, regulations under the CAA.
Although it is possible for facilities to be subject to both the CAA and the RCRA air
emission standards, RCRA §1006(b) directs EPA to coordinate all provisions of
RCRA with the appropriate provisions of other environmental laws. In order to
prevent regulatory duplication, EPA will, to the maximum extent practicable,
consider all other environmental,laws when promulgating regulations under both
CAA and RCRA. For example, the Agency has requested public comment on a
proposed CAA standard for waste management activities to further address how
applicable RCRA air emission requirements should be incorporated into these CAA
rules for waste and recovery operations. . -
4.3 APPLICABILITY OF SUBPARTS AA AND BB TO LARGE
QUANTITY GENERATORS
Prior to promulgation of Subpart CC, large quantity generators were not subject to
existing air emission standards for process Vents and equipment leaks under
Subparts AA and BB. Given the significant organic emissions from tanks and
containers used for hazardous waste accumulation at these facilities, EPA' ,
determined that it was necessary to subject large quantity generators to all of the
RCRA air emission standards. As a result, when the Subpart CC standards were
promulgated on December 6, 1994, the Agency amended §262.34 to add a
The information in this document is not by any means a complete"representation of EPA s ri
but is an introduction to the topic used for Hotline training purposes.
regulations or policies.
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18 - Air Emissions
requirement that large quantity generators accumulating hazardous waste in tanks
and containers also comply with the air emission standards of Subparts AA, BB and
CC, The rule .makes this provision a condition, that large quantity generators must
comply with to maintain permit-exempt status under RCRA.
The information in this document is not by any means a complete representation ot fcrA s regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Air Emissions -19
5. REGULATORY DEVELOPMENTS
Some of the RCRA air emissions control requirements are newly promulgated, and
the regulatory program:is still evolving. Keep in mind the following forward-
looking points.
5.1 SUBPART CC DELAY OF EFFECTIVE DATE
\
As promulgated in the December 6,1994, Federal Register, the effective date of the
Subpart CC standards was originally June 5,1995 (59 FR 62896). Due to various ,
implementationai difficulties, this effective date has been extended three times.
Currently, the effective date for the Subpart CC air emissions standards is October 6,
1996. This new effective date applies to all units "affected by the rule, including tanks
and containers used by large quantity generators as accumulation units. '
5.2 SUBPART CC CLARIFICATION NOTICE
/
On February 9,1996, EPA published a clarification notice to the Subpart CC final rule
(61 FR 4903). It amended, the regulatory text of the final standards for clarification,
and corrected typographical and grammatical errors. Among other things, this ,
, notice clarified definitions and addressed waste determination procedures, the unit
specific Subpart CC standards, inspection arid monitoring requirements, and the use
of conservation vents on hazardous waste tanks.
5.3 SUBPART CC REGULATORY REVISIONS
In addition to the Subpart CC clarification notice, EPA expects to promulgate
regulatory revisions to the final Subpart CC standards. This notice will contain ,
changes to the. codified standards in 40 CFR Parts 264/265, Subpart CC, in response to
the various implementationai difficulties that have become apparent since
promulgation of the final rule.' These changes may result in compliance options
previously unavailable to owners/operators subject to Subpart CC. The regulatory
revisions are expected to be published in'late 1996.
5.4 PHASE III OF THE RCRA AIR EMISSION STANDARDS
EPA will promulgate Phase III of the RCRA air emission standards as necessary to
protect human health and the environment through either regulations or
clarification. Currently, there are no ongoing plans for Phase III, but further action
may be taken in the future. . .
'The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes. .
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