United States Enforcement and EPA-305-00-006
Environmental Protection Compliance Assurance September 2000
Agency (2224A)
f& ERrV IMPLEMENTATION GUIDANCE FOR
OFF-SITE WASTE AND RECOVERY OPERATIONS
(OSWRO) NESHAP
INTERRELATIONSHIPS WITH OTHER
RELATED EPA AIR RULES
EPA Office of Compliance
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Disclaimer
The Office of Air Quality Planning and Standards (OAQPS), Enforcement and Compliance Assurance
(OECA) and Region 5 Office of the U S Environmental Protection Agency have reviewed this
document and approved it for publication.
When using this document, remember that it is not legally binding and does not replace the "National
Emissions Standards for Hazardous Air Pollutants From Off-Site Waste and Recovery Operations"
(July 1, 1996, 61 FR 34158 and amended July 20, 1999, 64 FR 38949-38992) or any state and local
rules that may apply to your facility.
This document does not constitute rulemaking by the EPA and may not be relied on to create a
substantive or procedural right or benefit enforceable at law or in equity, by any person. The EPA may
take action at variance with this document and its internal procedures.
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Contents
Section
Page
Tables iv
1.0 Introduction 1-1
1.1 General Summary of OSWRO NESHAP 1-1
1.1.1 What is the OSWRO NESHAP ? 1-1
1.1.2 What subparts in 40 CFR part 63 apply to the OSWRO NESHAP ? 1-1
1.1.3 What is an off-site material as the term is applied to the OSWRO NESHAP ? . . 1 -2
1.1.4 What types of facilities are potentially subject to the OSWRO NESHAP ? 1-2
1.1.5 What are the affected sources at a facility subject to the OSWRO NESHAP ? ... 1-5
1.1.6 What are the general standards for affected sources ? 1-5
1.1.7 For affected sources that use air emission controls, what are the control requirements!?7
1.1.8 Where can I obtain more information about the specific OSWRO NESHAP
requirements ? 1-7
1.2 Additional Information About Rule Requirements 1-7
1.2.1 Where can I obtain more information about the specific OSWRO NESHAP
requirements ? 1-7
1.2.2 If I need additional assistance, whom can I ask for help ? 1-7
2.0 Interrelation with other NESHAP 2-1
2.1 Overlap of OSWRO NESHAP with Other NESHAP 2-1
2.1.1 Why can the owner and operator of a facility be subject to both the OSWRO
NESHAP and another NESHAP ? 2-1
2.1.2 Which NESHAP have requirements that potentially may overlap with the
OSWRO NESHAP ? 2-2
2.1.3 How is the OSWRO NESHAP implemented when the facility also is subject
to another NESHAP ? 2-7
2.2 Implementing OSWRO NESHAP In NESHAP Regulatory Overlap Situations 2-7
2.2.1 How is the OSWRO NESHAP implemented at a facility subject to another
NESHAP when the affected source is already using air emission controls to comply
with the other NESHAP ? 2-7
2.2.2 How is the OSWRO NESHAP implemented at a facility subject to another NESHAP
when the affected source is not required to use air emission controls under the other
NESHAP ? 2-8
2.2.3 How is the OSWRO NESHAP implemented at a facility subject to another NESHAP
when the affected source is not regulated under the other
NESHAP ? 2-8
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Contents (continued)
Section Page
3.0 Interrelation of OSWRO NESHAP with Relevant RCRA Regulatory Programs 3-1
3.1 Applicability of OSWRO NESHAP at RCRA Hazardous Waste Facilities 3-1
3.1.1 What are the "RCRA air standards" ? 3-1
3.1.2 What is the difference between a "waste" under OSWRO NESHAP and a "hazardous
waste" under the RCRA air standards ? 3-2
3.1.3 Why can the OSWRO NESHAP apply to facilities subject to the RCRA air
standards ? 3-3
3.1.4 What type of waste and recovery operations are potentially subject to the OSWRO
NESHAP and also subject to the RCRA air standards ? 3-4
3.1.5 Which of the RCRA air standards may apply to affected sources at a facility subject to
the OSWRO NESHAP ? 3-6
3.2 Applicability of OSWRO NESHAP at RCRA Used Oil Management Facilities 3-6
3.2.1 Why can the OSWRO NESHAP apply to facilities subject to the RCRA
used oil management rules ? 3-6
3.2.2 What is the difference between "used oil" as defined for implementation
of the OSWRO NESHAP and "used oil" for implementation of the RCRA
used oil management rules ? 3-6
3.2.3 What type of used oil management operations regulated by RCRA are
potentially subject to the OSWRO NESHAP ? 3-9
3.2.4 If a used oil processing or refining operation is subject to the OSWRO NESHAP,
how are the technical requirements of the OSWRO NESHAP implemented ? .... 3-9
3.3 Comparison of OSWRO NESHAP and RCRA Air Standards Technical
Requirements 3-9
3.3.1 How does the action level, determined under the OSWRO NESHAP, compare with
the RCRA air standards ? 3-9
3.3.2 Are there affected sources which are exempted under one rule but not the
other? 3-12
3.3.3 How do the technical control requirements under the OSWRO NESHAP compare to
the technical control requirements under the RCRA air
standards ? 3-14
3.3.4 Which technical requirements apply to an affected source when it must use
air emission controls under both the OSWRO NESHAP and the RCRA air standafU£0
3.4 Permitting Considerations 3-22
3.4.1 What is the relationship between a facility's CAA Title V operating permit
with the facility's RCRA Subtitle C permit ? 3-22
Contents (continued)
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Section Page
3.4.2 How does the program policy of a "permit shield" as implemented under
the CAA differ from the "permit-as-a-shield" policy implemented under
RCRA ? 3-23
3.4.3 Can the sources in a facility's CAA Title V operating permit be different
than those listed in the facility's RCRA Subtitle C permit ? 3-24
111
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Tables
Number Page
1-1 OSWRO NESHAP Subparts in 40 CFR part 63 1-3
1-2 Waste and Recovery Operations subject to OSWRO NESHAP 1-4
1-3 OSWRO NESHAP Affected Sources 1-6
1 -4 OSWRO NESHAP Air Emission Control Requirements for Affected Sources 1-8
2-1 NESHAP Source Categories With Waste or Recovery Operations That Potentially
May Be Subject to the OSWRO NESHAP If the Facility Receives
Off-Site Material 2-3
3 -1 Waste or Recovery Operations Potentially Subject to OSWRO NESHAP and RCRA
Air Standards 3-5
3 -2 Comparison of Affected Sources Regulated Under OSWRO NESHAP and RCRA
Air Standards 3-7
3 -3 Comparison of Process Vent Units Regulated Under OSWRO NESHAP and RCRA
Air Standards 3-8
3 -4 Comparison of 500 ppmw "Action Level" Determination Procedures Under
OSWRO NESHAP with RCRA Air Standards 3-11
3-5 Comparison of Exemptions from Using Air Emission Controls for Affected-Sources
Managing Hazardous Waste Allowed Under OSWRO NESHAP and RCRA Air
Standards 3-13
3 -6 Comparison of Air Emission Control Requirements Under OSWRO NESHAP with
RCRA Hazardous Waste TSDF Standards 3-16
3 -7 Control Device Performance Requirements for Both the OSWRO NESHAP and
the RCRA Air Rules 3-19
3-8 Equipment modifications that can be Used on Components Subject to the Equipment
Leak Standards 3-20
IV
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1.0 INTRODUCTION AND BACKGROUND
When developing the National Emission Standards for Hazardous Air Pollutants from Off-
Site Waste and Recovery Operations, the U.S. Environmental Protection Agency (EPA)
recognized that the potential exists for regulatory overlap with other national standards promulgated
by the Agency to meet congressional directives established under the Clean Air Act (CAA) and
Resource Conservation and Recovery Act (RCRA). Section 112(n)(7) of the CAA voices a
strong preference for consistency of National Emission Standards for Hazardous Air Pollutants
(NESHAP) with RCRA standards, where practicable. Similarly, section 1006(b) of RCRA
requires that the air standards be consistent with and not duplicative of CAA standards. The
provisions of the National Emission Standards for Hazardous Air Pollutants from Off-Site Waste
and Recovery Operations have been developed to minimize, if not eliminate, regulatory overlap to
the extent allowed under these different legislative acts.
The purpose of this document is to describe the interrelationship of the National Emission
Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations with other
NESHAP as well as national air standards established under RCRA for hazardous waste treatment,
and disposal facilities. The remainder of this section presents a general summary of the OSWRO
NESHAP. Section 2 discusses the interrelationship of the OSWRO NESHAP with other
NESHAP. The interrelationship of the OSWRO NESHAP with RCRA air standards is discussed
in Section 3.
1.1 GENERAL SUMMARY OF OSWRO NESHAP
1.1.1 What is the "OSWRO NESHAP"?
The "OSWRO NESHAP" is a set NESHAP applicable to certain facilities that operate waste
management and recovery processes for materials received from off-site. These selected waste
management and recovery operations are not subject to federal air standards under other
NESHAP in 40 CFR parts 61 and 63; and are referred to as "off-site waste and recovery
operations" (OSWRO) . The OSWRO NESHAP establishs national emission limitations and work
practice standards for hazardous air pollutants (HAP) emitted from off-site waste and recovery
operations.
1-1
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1-2
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1.1.2 What subparts in 40 CFR part 63 apply to the OSWRO NESHAP?
The specific provisions of the OSWRO NESHAP are established by six subparts in 40 CFR
part 63 as listed in Table 1-1. In addition, general provisions in 40 CFR 63 subpart A are
applicable to all facilities regulated under 40 CFR part 63 are applied to facilities subject to the
OSWRO NESHAP.
1.1.3 What is an off-site material us the term is applied to OSWRO NESHAP?
An off-site material is a material that is either a waste, used oil, or used solvent (as these
terms are defined in the rule) that contains organic HAP, and this material is not generated at the
facility but is instead shipped or transferred to the facility from another location. Off-site material
includes any one of the following:
Waste is any material generated from industrial, commercial, mining, or agricultural
operations or from community activities which is discarded, discharged, or is being
treated before being discarded or discharged. This definition in the OSWRO NESHAP
is consistent with the definition of waste used for other NESHAP.
Used oil is any oil refined from crude oil or any synthetic oil that has been used and as a
result of such use is contaminated by physical or chemical impurities. This definition in the
OSWRO NESHAP is the same definition of used oil in the RCRA regulation under
40 CFR 279.1.
Used solvent is a mixture of aliphatic hydrocarbons or a mixture of one and two ring
aromatic hydrocarbons that has been used as a solvent and as a result of such use is
contaminated by physical or chemical impurities.
1.1.4 What types of facilities are potentially subject to the OSWRO NESHAP?
You are subject to the OSWRO NESHAP if you own or operate one of the waste or
recovery operations listed in Table 1-2 that: 1) meets the applicable qualifiers for the operation as
specified in the table; 2) receives off-site material; and 3) this operation is located at, or is part of
a major source of HAP emissions. Kmajor source means any stationary source or group of
stationary sources within a contiguous area and under common control that emits or has the
potential to emit, considering controls, in aggregate, 10 tons or more per year or more of any HAP
or 25 tons per year or more of any combination of HAP.
1-3
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Table 1-1.
OSWRO NESHAP Subparts in 40 CFR part 63
40 CFR 63
Subpart DD
SubpartOO
Subpart PP
Subpart QQ
Subpart RR
Subpart VV
Subpart Title
National Emission
Standards
for Hazardous Air Pollutants
from Off-Site Waste and
Recovery Operations
National Emission
Standards
for Tanks-Level 1
National Emission
Standards for Containers
National Emission
Standards for Surface
Impoundments
National Emission
Standards for Individual
Drain Systems
National Emission
Standards for Oil-Water
Separators and Organic-
Water Separators
Specifies Requirements under
OSWRO NESHAP for ...
Applicability
Compliance dates
General standards for affected source
Level 2 air emission controls fortanks
Transfer system air emission controls
Closed vent systems and control devices
Testing and initial compliance
Inspections and monitoring
Notifications, reports, and records
Cross-referenced by Subpart DD
Level 1 air emission controls for tanks
Cross-referenced by Subpart DD
Level 1 air emission controls for containers
Level 2 air emission controls for containers
Level 3 air emission controls for containers
Cross-referenced by Subpart DD
Air emission controls for surface
impoundments
Cross-referenced by Subpart DD
Air emission controls for individual drain
systems
Cross-referenced by Subpart DD
Air emission controls for oil-water separators
and organic-water separators
1-4
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Table 1-2.
Waste and Recovery Operations Subject to OSWRO NESHAP
Waste or Recovery Operation
Hazardous waste treatment, storage, and
disposal
Hazardous wastewater treatment
Other wastewater treatment
Hazardous waste recycling
Used oil processing or re-refining
Used solvent recovery
Qualifiers operation must meet for it to be
potentially subject to OSWRO NESHAP
Operation is a TSDF under either 40 CFR part
264 or part 265.
Operation is exempted from RCRA hazardous
waste permitting because the operations meet
conditions specified in 40 CFR 264.1(g)(6) or
40CFR265.1(c)(10).
Operation meets all 3 conditions:
1 . Regulated under either section 402 or
307(b) of the Clean Water Act;
2. Not owned by a "state" or "municipality" as
defined by section 502(3) and 502(4),
respectively, of the Clean Water Act; and
3. Operation is the predominant activity
performed at the facility site
Operation is exempted from RCRA hazardous
waste permitting because the operations meet
conditions specified in 40 CFR 264.1(g)(2) or
40CFR265.1(c)(6).
Operation is regulated under 40 CFR 279
subpart F
Operation is not part of a chemical, petroleum,
or other manufacturing process that is
required to use air emission controls by
another subpart of 40 CFR part 61 or 40 CFR
part 63
1-5
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1.1.5 What are the affected sources at a facility subject to the OSWRO NESHAP?
The OSWRO NESHAP applies to three groups of organic HAP emission sources that
operate in a waste or recovery operation subject to the rule: off-site material management units,
process vents, and equipment leaks. Table 1-3 lists the affected sources subject to the
requirements of the OSWRO NESHAP. An off-site material management unit means a tank,
container, surface impoundment, oil-water separator, organic-water separator, or transfer system
used to manage off-site material. A process vent means an open-ended pipe, stack, or duct
through which a gas stream containing HAP is continuously or intermittently discharged to the
atmosphere. Under the rule, a process vent is not a pressure-relief vent; a vent used as a safety
device as defined in the rule; an open-ended line or other vent that is subject to the equipment leak
control requirements under the rule; or a stack or other vent that is used to exhaust combustion
products from a boiler, furnace, process heater, incinerator, or other combustion device. The
equipment leak standards apply to each pump, compressor, agitator, pressure relief device,
sampling connection system, open-ended valve or line, valve, connector, or instrumentation system
that contains or contacts off-site material having a total HAP concentration equal to or greater than
10 percent by weight; and the equipment component is intended to operate for 300 hours or more
during a calendar year in off-site material service, as defined in the rule.
1.1.6 What are the general standards for affected sources?
For an affected off-site material management unit or process vent, you must meet one of the
following alternatives:
1. Determine that the average volatile organic hazardous air pollutant (VOHAP)
concentration of the off-site material managed in the affected source is less than
500 ppmw mass weighted average. The rule specifies the test protocol to be used for
determining the VOHAP concentration, or
2. Install and operate air emission controls, or
3. Treat the off-site material to remove or destroy the HAP before you place the
material in the affected source. The rule provides alternative treatment standards with
which you may choose to comply, or
4. Meet one of the unit-specific control requirement exemptions specified in the rule.
1-6
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Table 1-3.
OSWRO NESHAP Affected Sources
Source Type
Tanks
Surface impoundments
Containers
Oil/water and chemical/water
separators
Material transfer systems
Process vents
Equipment leaks
Qualifiers source must meet for it to be an affected
source subject to OSWRO NESHAP
Used for storage or treatment of off-site material
Used for storage or treatment of off-site material
Containers having a capacity > 0.1 meters3
( 26 gallons) and are used for storage or
treatment of off-site material
Used for treatment of off-site material
Used for transfer of off-site material
Used on any of the following off-site material
treatment processes:
Distillation
Fractionation
Thin-film evaporation
Solvent extraction
Steam stripping
Air stripping
Equipment components (e.g., pumps and valves)
that contain or contact off-site material having an
organic HAP concentration 10%
1-7
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1.1.7 For affected sources that use air emission controls, what are the control
requirements?
The control requirements for affected sources that use air emission controls are summarized
in Table 1-4. See the applicable subpart for the affected source for the specific control
requirements that must be met.
1.2 ADDITIONAL INFORMATION ABOUT RULE REQUIREMENTS
1.2.1 Where can I obtain more information about the specific OSWRO NESHAP
requirements?
More information about the specific OSWRO NESHAP requirements is available in the EPA
document, "The Plain Language Implementation Assistance Document for 40 CFR Part 63 Subpart
DD (Off-Site Waste and Recovery Operations NESHAP)" (EPA-456/R-99-007). An electronic
version of this document can be downloaded from the Internet at
http://www.epa.gov/ttn/uatw/offwaste/rioswao.html.
1.2.2 If I need additional assistance, whom can I ask for help?
Loren Denton
U.S. EPA Region 5
312-886-6814
1-8
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Table 1-4.
OSWRO NESHAP Air Emission Control Requirements for Affected Sources
Affected Source Type
Air Emission Control Requirements
Tanks
Required control level determined by vapor pressure of
off-site material, tank capacity, and management operation
performed in tank
Level 1 Use either:
- Tight-fitting cover or fixed-roof
- Cover and vent to control device
Level 2 Use either:
- Fixed-roof with internal floating roof
- External floating roof
- Cover and vent to control device
- Pressure tank
- Locate in enclosure vented to combustion control
device
Surface impoundments
Use either:
- Floating membrane cover
- Cover and vent to control device
Containers
Required control level determined by organic content of
offsite material, container capacity, and whether the
container is used for waste stabilization process
Level 1 Use either:
- Container that meets DOT specifications(a)
- Tight-fitting cover
- Organic vapor suppression barrier
Level 2 Use either
- Container that meets DOT specifications(a)
- Leak- tight container as tested by Method 21
- Vapor-tight container as tested by Method 27
Level 3 Use either
- Cover and vent to control device
- Place in enclosure vented to combustion control device
Notes:
(a) A container that meets the applicable U. S. Department of Transportation (DOT)
regulations for packaging hazardous materials for transportation under 49 CFR parts
178 and 179.
1-9
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Table 1-4. (Concluded)
Affected Source Type
Air Emission Control Requirements
Oil/water and
chemical/water separators
Use either:
- Floating roof(b)
- Fixed-roof vented to control device
- Pressurized separator
Material
transfer systems
Individual drain systems, use either.
- Covers, water seals, and other drain closure devices
- Continuous hard-piping
- Vent system through control device
Other transfer systems, use either
- Covers
- Continuous hard-piping
- Enclosure vented to control device
Process vents
Standard applied to each individual affected process vent
at facility
Each affected process must be vented through a closed-
vent system to a control device
Control device must achieve 95 % control efficiency
Equipment leaks
Implement leak detection and repair program that meets
requirements in either:
- 40CFR61 SubpartV
- 40CFR63SubpartH
Notes:
(b) For parts of the separator where it infeasible to use a floating roof, such as a
weir mechanism, then use a fixed-roof vented to a control device.
1-10
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2.0 INTERRELATION WITH OTHER NESHAP
This section discuses the implementation of the OSWRO NESHAP at facilities that may also
potentially be subject to compliance with other NESHAP. The applicability of the OSWRO
NESHAP to these facilities is discussed. Compliance with the rule is discussed for situations when
a facility is subject to both the OSWRO NESHAP and another NESHAP.
2.1 OVERLAP OF OSWRO NESHAP WITH OTHER NESHAP
2.1.1 Why can the owner and operator of a facility be subject to both the OSWRO
NESHAP and another NESHAP?
The OSWRO NESHAP applies to six specific types of waste management or recovery
operations used to manage off-site material (as specified in the rule), and these operations are
located at, or are part of a facility that is a major source of HAP emissions. A waste management
or recovery operation subject to the OSWRO NESHAP may be the predominate activity (or even
the only) performed at a facility (e.g., a commercial TSDF, solvent recycler, used oil reprocessor or
re-refiner). Alternatively, this operation may be an ancillary operation performed to support other
processes at a facility. In this case, waste management and recovery operations that meet the
OSWRO NESHAP applicability criteria are sometimes located at a chemical plant, petroleum
refinery, manufacturing plant, or other facility that is subject to another NESHAP. For example, a
waste management or recovery operation located at a chemical manufacturing plant that is subject
to 40 CFR 63 subparts F, G, and H - National Emission Standards for Organic Hazardous Air
Pollutants from the Synthetic Organic Chemical Manufacturing Industry (referred to hereafter as the
"HON") may receive materials from another of the company's facilities for treatment.
In developing the OSWRO NESHAP, the EPA recognized this potential for regulatory
overlap of the rule with other NESHAP and, therefore, added provisions to the OSWRO
NESHAP to avoid duplication or overlap with standards under other NESHAP that potentially can
be applicable to the same group of affected sources. While these provisions address many of
potential overlap situations that can be anticipated, special or unique site-specific situations do still
exist where a tank, process vent, or other affected source is subject to air emissions standards
under both the OSWRO NESHAP and another NESHAP.
2-1
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2.1.2 Which NESHAP have requirements that potentially may overlap with the OSWRO
NESHAP?
In general, the NESHAP with requirements that potentially overlap with the OSWRO
NESHAP are those NESHAP that include provisions regulating organic HAP emissions from
wastewater treatment operations. Under certain site-specific circumstances, the applicability of the
OSWRO NESHAP to some hazardous waste management, recycling operations, and solvent
recovery operations may overlap with another NESHAP when those units are used to handle
wastes, used solvents, or used oil shipped to the facility site. Table 2-1 provides a general guide
identifying which NESHAP promulgated under 40 CFR part 63 (as of April 28 , 2000) have
requirements which could potentially overlap with the OSWRO NESHAP. This table is not
intended to be comprehensive but rather used as a guide to identify likely facilities where other
NESHAP may potentially overlap with the OSWRO NESHAP. Due to site-specific conditions
regarding a particular type of waste management or recovery operation handling off-site material,
unique circumstances may exist for a facility overlap of the OSWRO NESHAP with another
NESHAP not indicated in the table.
The OSWRO NESHAP contains provisions to avoid overlap of the rule with other
NESHAP that specifically regulate air emissions from the off-site management of wastes containing
organic HAP. The OSWRO NESHAP explicitly states under the rule applicability that a waste is
not an "off-site material" when it is transferred from a chemical manufacturing plant, petroleum
refinery, or coke by-product recovery plant subject to the National Emission Standards for
Benzene Waste Operations (40 CFR 61 subpart FF), and the owner or operator of the facility
from which the waste is transferred complies with the provisions of §61.342(f). A similar
exemption is stated in the rule for chemical manufacturing plants subject to the process wastewater
standards under National Emission Standards for Organic Hazardous Air Pollutants from the
Synthetic Organic Chemical Manufacturing Industry (see 40 CFR 63.132 through 63.147). The
OSWRO NESHAP states that a waste is not an "off-site material" when it is transferred from a
facility subject to the HON and the owner or operator of the facility from which the waste is
transferred complies with the provisions in §63.132(g). In both of these situations, an owner or
operator complying the requirements of the applicable NESHAP is not subject to the OSWRO
NESHAP. Thus, regulatory overlap of the OSWRO NESHAP and these other NESHAP is
avoided by these applicability exemptions which have been included in the rule.
2-2
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Table 2-1.
NESHAP Source Categories With Waste or Recovery Operations That Potentially May Be
Subject to the OSWRO NESHAP If the Facility Receives Off-Site Material
Source Category for Which
NESHAP Have Been Promulgated Under 40 CFR part 63
as of April 28, 2000
Synthetic organic chemical manufacturing (the"HON")
Synthetic organic chemical manufacturing (the "HON")
Certain processes subject to the negotiated regulation for equipment leaks
Coke oven batteries
Dry cleaning facilities
Hard and decorative chromium electroplating and chromium anodizing
tanks
Ethylene oxide sterilization
Industrial process cooling towers
Gasoline distribution facilities
Pulp and paper
Halogenated solvent cleaning
Group 1 polymers and resins
40 CFR 63
Subpart
Subparts F/G
Subparts F/H
Subpart 1
Subpart L
Subpart M
Subpart N
Subpart O
Subpart Q
Subpart R
Subparts
Subpart T
Subpart U
Subpart DD Regulated
Off -site Waste or Recovery Operation
Hazardous Waste
TSDF
Hazardous
Wastewater
Other Wastewater
Treatment
Hazardous Waste
Recycling
Used Oil Processing or
Re-Refining
Used Solvent Recovery
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Table 2-1. (continued)
Source Category for Which
NESHAP Have Been Promulgated Under 40 CFR part 63
as of April 28, 2000
Epoxy resins production and non-nylon polyamide production
Secondary lead smelting
Marine vessel loading
Phosphoric acid manufacturing
Phosphate fertilizers manufacturing
Petroleum refineries
Magnetic tape manufacturing
Aerospace manufacturing and rework facilities
Oil and natural gas production
Shipbuilding and ship repair
Wood furniture manufacturing
Printing and publishing
Primary aluminum redaction plants
40 CFR 63
Subpart
SubpartW
SubpartX
Subpart Y
Subpart AA
Subpart BB
Subpart CC
Subpart EE
Subpart GG
Subpart HH
Subpart II
Subpart JJ
Subpart KK
Subpart LL
Subpart DD Regulated
Off -site Waste or Recovery Operation
Hazardous Waste
TSDF
Hazardous
Wastewater
Other Wastewater
Treatment
Hazardous Waste
Recycling
Used Oil Processing or
Re-Refining
Used Solvent Recovery
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2-5
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Table 2-1. (continued)
Source Category for Which
NESHAP Have Been Promulgated Under 40 CFR part 63
as of April 28, 2000
Acetal resins production
Hydrogen fluoride production
Polycarbonates production
Acrylic/modacrylic production
Steel pickling HCL process
Mineral wool production
Hazardous waste combustors
Pharmaceuticals manufacturing
Natural gas transmission and storage
Flexible polyurethane foam production
Group IV polymers and resins
Portland cement manufacturing
Pesticide active ingredient production
40 CFR 63
Subpart
SubpartYY
Subpart YY
SubpartYY
SubpartYY
Subpart CCC
Subpart ODD
Subpart EEE
Subpart GGG
Subpart HHH
Subpart III
Subpart JJJ
Subpart LLL
Subpart MMM
Subpart DD Regulated
Off -site Waste or Recovery Operation
Hazardous Waste
TSDF
Hazardous
Wastewater
Other Wastewater
Treatment
Hazardous Waste
Recycling
Used Oil Processing or
Re-Refining
Used Solvent Recovery
to
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Table 2-1. (continued)
Source Category for Which
NESHAP Have Been Promulgated Under 40 CFR part 63
as of April 28, 2000
Wool fiberglass manufacturing
Group III polymers and resins
Polyether polols production
Secondary aluminum
Primary lead smelting
Publicly owned treatment works (POTW)
Ferroalloys production
40 CFR 63
Subpart
Subpart NNN
Subpart OOO
Subpart PPP
Subpart RRR
Subpart TTT
Subpart VVV
Subpart XXX
Subpart DD Regulated
Off -site Waste or Recovery Operation
Hazardous Waste
TSDF
Hazardous
Wastewater
Other Wastewater
Treatment
Hazardous Waste
Recycling
Used Oil Processing or
Re-Refining
Used Solvent Recovery
to
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2.1.3 How is the OSWRO NESHAP implemented when the facility also is subject to
another NESHAP?
At a facility where the owner and operator is subject to requirements under both the
OSWRO NESHAP and another NESHAP, the standards under the OSWRO NESHAP apply
only to those specific affected sources that are part of one of the waste management operations or
recovery operations regulated under the rule and used to manage off-site material. The OSWRO
NESHAP does not apply to any other units or equipment at the facility. For example, the
standards for tanks under the OSWRO NESHAP apply only to those tanks used to manage off-
site material for the six specific types of regulated waste management or recovery operations.
Tanks at the facility used for other processes are not subject to standards under the OSWRO
NESHAP although these tanks may be subject to standards under the other NESHAP applicable
to the facility. In addition, any tanks used as part of one of the six specific types of regulated waste
management or recovery operations (but not used to manage off-site material, e.g., tanks used
exclusively to store waste or used solvent generated on-site at the facility) are not subject to
standards under the OSWRO NESHAP regardless of organic HAP content. Again, these tanks
may be subject to standards under the other NESHAP applicable to the facility. Therefore,
situation may occur where a facility is subject to the OSWRO NESHAP and another NESHAP
without encountering any direct overlap of requirements because the two rules are not applicable to
the same set of affected sources.
2.2 IMPLEMENTING OSWRO NESHAP IN REGULATORY OVERLAP
SITUATIONS WITH OTHER NESHAP REGULATIONS.
This section discusses the implementation of the standards under the OSWRO NESHAP to
an affected source when that source is located at a facility subject to both the OSWRO NESHAP
and another NESHAP. Three possible regulatory overlap situations are discussed.
2.2.1 How is the OSWRO NESHAP implemented at a facility subject to another NESHAP
when the affected source is already using air emission controls to comply with the
other NESHAP?
To address the regulatory overall situation at a facility where an affected source would be
required to use air emission controls under both the OSWRO NESHAP and another NESHAP,
the OSWRO NESHAP contains provisions to avoid overlapping the technical air emission control
requirements under the two NESHAP. The OSWRO NESHAP explicitly states in
§ 63.683(b)(2)(i) that an off-site material management unit is not required to meet the applicable air
standards in the OSWRO NESHAP if this unit is also subject to another subpart under 40 CFR
part 61 or 40 CFR part 63, and the owner or operator is controlling the organic HAP that are
emitted from the unit in compliance with the provisions specified in the other applicable subpart
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under part 61 or 63. For example, if a tank at a facility subject to both the OSWRO NESHAP
and the HON is used to manage an off-site material with a VOHAP concentration greater than 500
ppmw, the owner or operator is not required to meet tank standards under the OSWRO NESHAP
as long as the tank uses air emission controls in compliance with the provisions specified in the
HON. The same provision is applied in the OSWRO NESHAP to process vents under
§ 63.683(c)(2)(i). The OSWRO NESHAP standards for equipment leaks are directly cross-
referenced to the same equipment leak NESHAP standards also used by other NESHAP.
2.2.2 How is the OSWRO NESHAP implemented at a facility subject to another NESHAP
when the affected source is not required to use air emission controls under the other
NESHAP?
Although not expected to occur commonly, the regulatory overlap situation could possibly
exist at a given facility where an affected source is used to manage an off-site material with a
VOHAP concentration greater than 500 ppmw; however this off-site material does not meet the
action level or threshold criteria used under the second NESHAP to apply air emission controls. In
this case, a given affected source would be required to use air emission controls under the
OSWRO NESHAP but the source would not be required to use air emission controls under the
other NESHAP. For example, under the HON, the organic HAP concentration action level used
to determine which wastewater treatment units must use air emission controls is higher than the
concentration action level used for the OSWRO NESHAP. Consequently, at a facility subject to
the HON and accepting wastewater for treatment together with its on-site wastewater, a situation
could occur where the OSWRO NESHAP requires the facility owner or operator to use air
emission controls on a wastewater treatment unit which previously had not been required to use
controls under the HON. In this case, the affected source must comply with applicable standards
under the OSWRO NESHAP.
2.2.3 How is the OSWRO NESHAP implemented at a facility subject to another NESHAP
when the affected source is not regulated under the other NESHAP?
The situation can occur at a facility subject to another NESHAP where a particular type or
category of affected sources is subject to standards under the OSWRO NESHAP but these
affected sources are not regulated under the other NESHAP. For example, containers and transfer
systems are types of affected sources not specifically regulated under all NESHAP. In this case,
there is no regulatory overlap, per se, since the affected sources are only regulated by the OSWRO
NESHAP. These affected source must comply with applicable standards under the OSWRO
NESHAP.
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3.0 INTERRELATION OF OSWRO NESHAP WITH
RELEVANT RCRA REGULATORY PROGRAMS
This section discuses the implementation of the OSWRO NESHAP at facilities that may also
potentially be subject to compliance with EPA regulatory programs administered under the
authority of the Subtitle C of the Resource Recovery and Conservation Act (RCRA). The
applicability of the OSWRO NESHAP to RCRA hazardous waste and used oil management
facilities is discussed. The technical requirements of the OSWRO NESHAP are compared to air
emission control requirements of the RCRA rules. Compliance with the rule is discussed for
situations when a facility is subject to both the OSWRO NESHAP and the RCRA rules. The
section concludes with a discussion of facility permitting requirements under the CAA and RCRA.
3.1 APPLICABILITY OF OSWRO NESHAP AT RCRA HAZARDOUS WASTE
FACILITIES
3.1.1 What are the "RCRA air standards"?
The EPA establishes rules for the management of solid wastes under authority of the
Resource Conservation and Recovery Act (RCRA). Under authority of Subtitle C of RCRA, the
EPA has established rules in 40 CFR parts 260 through 271 regulating the management of solid
wastes determined to be hazardous waste. For certain hazardous waste management facilities
subject to requirements under Subtitle C, the EPA established national standards to control volatile
organic air emissions from waste management units used to accumulate, store, and treat hazardous
wastes. These standards are referred to collectively in this document as the "RCRA air standards".
The RCRA air standards are established under three subparts (subparts AA, BB, and CC) in
both 40 CFR parts 264 and 265. The RCRA air standards in 40 CFR part 264 apply to owners
and operators of RCRA permitted hazardous waste treatment, storage, and disposal facilities
(TSDF). The standards in 40 CFR part 265 apply to owners and operators of interim status
TSDF. In addition, the RCRA air standards also apply under certain conditions specified in the
rules, to some waste management operations exempted from Subtitle C permitting. For example,
large quantity hazardous waste generators accumulating waste on-site for less than 90-days in
RCRA permit-exempted tanks and containers (commonly referred to under the RCRA program as
"90-day" tanks and containers) are subject to the applicable RCRA air standards.
The technical requirements for affected sources under the subparts AA, BB, and CC are
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identical in both parts 264 and 265. The subpart AA standards are applicable to process vents
associated with distillation, fractionation, thin-film evaporation, solvent extraction, air stripping, and
stream stripping operations that manage hazardous wastes with 10 ppmw or greater total organic
concentration. The subpart BB standards establish requirements for control of equipment leak
emissions at TSDF. The subpart CC standards require the use of air emission controls on TSDF
tanks, surface impoundments, and containers used to manage hazardous waste having an average
volatile organic concentration equal to or greater than 500 parts per million by weight (ppmw), as
determined using the test procedures specified in the rule.
3.1.2 What is the difference between a "waste" under the OSWRO NESHAP and a
"hazardous waste" under the RCRA air standards?
The term waste is defined under the OSWRO NESHAP to mean any material generated
from industrial, commercial, mining, or agricultural operations or from community activities than is
discarded, discharged, or under treatment before being discarded or discharged. This definition is
consistent with the definition of waste used for other NESHAP.
The term hazardous waste under RCRA is defined to mean a solid waste that meets the
criteria under the definition in 40 CFR 261.3. This definition encompasses many materials that do
not contain organic HAP.
A waste under the OSWRO NESHAP may be either hazardous or nonhazardous under the
RCRA definition. The criteria in the OSWRO NESHAP by which this waste is determined to be
an off-site material and, therefore, potentially subject to the OSWRO NESHAP are : 1) whether
the waste is generated on-site or off-site; and 2) whether the waste contains any of the organic
HAP listed in Table 1 of 40 CFR 63 subpart DD (this table is included as Appendix A to this
guidance document). If a waste is generated on-site, then the waste is not an off-site material
regardless of whether it is also a RCRA hazardous waster or if this waste contains organic HAP, in
any quantity. Similarly, if the waste contains no organic HAP then the waste is not an off-site
material regardless if this waste is generated off-site or is also a RCRA hazardous waste
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3.1.3 Why can the OSWRO NESHAP apply to facilities subject to the RCRA air
standards?
The EPA established the OSWRO NESHAP and the RCRA air standards under two
separate congressionally mandated regulatory programs. Section 112 of the Clean Air Act directs
EPA to regulate the emission of hazardous air pollutants from stationary sources by establishing
national emission standards (i.e., National Emission Standards for Hazardous Air Pollutants or
NESHAP). Section 3004(n) of RCRA directs EPA to establish standards for the monitoring and
control emissions from TSDF, as necessary to protect human health and the environment.
Congress included both in CAA section 112 and in RCRA section 3004(n) specific criteria
that the EPA must use to establish the air standards under each of the regulatory programs.
However, these criteria are different under the two statutes. For example, CAA section 112
requires that NESHAP be developed for major sources of hazardous air pollutants based on
application of Maximum Achievable Control Technology (MACT) (i.e, the standard must be
control technology-based). In contrast, RCRA section 3004(n) requires that RCRA air standards
for TSDF be developed to achieve acceptable levels of protection of human health (i.e, be health
risk-based). As a result of these different regulatory approaches EPA is required to use for
implementing the Congressional directives under these environmental protection statutes, certain
waste and recovery operations subject to the OSWRO NESHAP may also be subject to
complying with regulations under RCRA.
The 1990 Amendments to the CAA recognize the potential for overlap of categories or
subcategories of air emission sources at RCRA facilities regulated by NESHAP and by RCRA
subtitle C rules. Section 112(n)(7) of the CAA specifically address this situation by directing the
EPA, to the maximum extent practicable and consistent with other provisions of section 112, to
ensure that the requirements of a NESHAP are consistent with requirements under RCRA subtitle
C. In developing the OSWRO NESHAP, the EPA identified many cases where a facility subject
to RCRA subtitle C rules managed hazardous wastes containing organic HAP and generated off-
site in waste or recovery operations exempted from the RCRA air standards. Therefore, the EPA
included applicability provisions in the OSWRO NESHAP to control the organic HAP emissions
from theses sources at RCRA facilities not regulated by the RCRA air standards. In response to
the directive of CAA section 112(n)(7), the EPA also added provisions to both the OSWRO
NESHAP and the RCRA air standards so that the air standards under the two rules are as
consistent as practicable and do not have duplicative requirements considering the requirements
mandated by other provisions of section 112 . However, due to certain conditions and operating
practices at some RCRA facilities, there still exist situations of regulatory overlap by which a given
waste or recovery operation used to manage hazardous waste received from off-site is subject to
air emission control requirements under both the OSWRO NESHAP and the RCRA air standards.
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3.1.4 What type of waste and recovery operations are potentially subject to the OSWRO
NESHAP and also subject to the RCRA air standards?
Table 3-1 identifies the types of waste and recovery operations potentially subject to both the
OSWRO NESHAP and the RCRA air standards. Four of the types of waste or recovery
operations potentially regulated by the OSWRO NESHAP may be located at facilities subject to
the RCRA subtitle C: hazardous waste treatment, storage, and disposal, operations; hazardous
waste water treatment operations; hazardous waste recycling operations; and used solvent recovery
operations. Not all of these operations, however, are subject to the RCRA air standards. The
hazardous wastewater treatment operations are exempted from RCRA hazardous waste permitting,
and therefore the RCRA air standards, under the RCRA exemption in 40 CFR 264. l(g)(6) or 40
CFR 265.l(c)(10). Certain hazardous waste recycling and used solvent recovery operations may
be subject to the RCRA air standards under subparts AA and BB. When developing the RCRA
air standards, the EPA modified 40 CFR 261.6 to apply the RCRA air standards in subparts AA
and BB to exempted units used for recycling at RCRA-permitted facilities. However, tanks,
containers, and surface impoundments (if any) at these hazardous waste recycling and used solvent
recovery operations are not subject to the RCRA air standards under subpart CC.
Used oil processing or re-refining is not regulated under the RCRA air standards. Used oil is
regulated under RCRA as a unique material (i.e., it is not as a hazardous waste) with its own set of
standards 40 CFR part 279 - Standards for the Management of Used Oil. The interrelationship of
the OSWRO NESHAP with these standards is discusses in Section 3.2 of this document.
Tanks and containers exempted from RCRA hazardous waste permitting under 40 CFR
262.34(a) are still subject to the RCRA air standards. These tanks and containers are used by
large quantity waste generators at a RCRA facility for on-site accumulation of hazardous waste for
less than 90 days (and thus commonly referred to as "90-day" tanks and containers). Since these
units cannot be used to manage hazardous waste received from off-site and still qualify for the
permit exemption under RCRA, all 90-day tanks and containers are not subject to the OSWRO
NESHAP
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Table 3-1.
Waste or Recovery Operations Potentially Subject to OSWRO NESHAP and RCRA Air Standards
Waste or Recovery Operation
Hazardous waste treatment, storage, and disposal
Hazardous wastewater treatment (see note b)
Other wastewater treatment
Hazardous waste recycling
Used oil processing or re-refining
Used solvent recovery
90-day tanks and containers (see note e)
Potentially
Subject to
OSWRO
NESHAP
(see note a)
Potentially Subject to RCRA
RCRA Hazardous Waste
Subtitle C Regulations
(see note c)
RCRA Air Standards
(see note b)
(see note b)
Notes:
(a)
(b)
(c)
(d)
(e)
Waste or recovery operations must be, be located at, or be part of a major source of hazardous air pollutants (HAP) emissions. A major source
means any stationary source or group of stationary sources within a contiguous area and under common control that emits or has the potential
to emit considering controls, in aggregate, 10 tons or more per year or more of any HAP or 25 tons per year or more of any combination of HAP.
Hazardous wastewater treatment operations are exempted from RCRA hazardous waste permitting, and therefore the RCRA air standards,
underthe RCRA exemption in 40 CFR 264.1(g)(6) or40 CFR 265.1(c)(10).
EPA modified 40 CFR 261.6 to apply the RCRA air standards in subparts AA and BB to exempted units used for recycling at RCRA-permitted
facilities.
Used oil is regulated under RCRA as a unique material with its own set of standards (i.e., it is not as a hazardous waste). See 40 CFR part
279 - Standards for the Management of Used Oil. The interrelationship of the OSWRO NESHAP with these standards is discusses in Section
3.2 of this document.
90-day tanks and containers are RCRA exempted units used for on-site accumulation of hazardous waste by the waste generators. Since
these units do not manage waste received from off-site, all 90-day tanks and containers are not subject to the OSWRO NESHAP.
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3.1.5 Which of the RCRA air standards may apply to affected sources at a facility subject
to the OSWRO NESHAP?
Table 3-2 identifies which of the RCRA air standards subparts (subparts AA, BB, and CC)
may apply to affected sources at a facility that is subject to both the OSWRO NESHAP and the
RCRA rules. The series of three subparts under the RCRA air standards effectively addresses the
same set of affected sources that are regulated under the OSWRO NESHAP.
Both the OSWRO NESHAP and RCRA air standards (under subpart AA) require the
control of air emissions from the same group of process vent sources. These processes, typically
used for waste treatment or recycling operations, are distillation processes, fractionation processes,
thin-film evaporation processes, solvent extraction processes, steam stripping processes, and air
stripping. The definitions of each of these six treatment process types used for implementing the
OSWRO NESHAP are listed in Table 3-3. These are the same definitions used for the processes
to implement the RCRA air standards under subpart AA .
3.2 APPLICABILITY OF OSWRO NESHAP AT RCRA USED OIL MANAGEMENT
FACILITIES
3.2.1 Why can the OSWRO NESHAP apply to facilities subject to the RCRA used oil
management rules?
In developing the OSWRO NESHAP, the EPA determined that large used oil processing
and re-refining operations can emit significant levels of organic HAP. Used oil processing or re-
refining facilities are not subject to the RCRA air standards (i.e., subparts AA, BB, and CC).
Used oil is regulated under RCRA as a unique material (i.e., it is not regulated as a hazardous
waste) with its own set of standards under 40 CFR part 279 - Standards for the Management of
Used Oil. There are no specific requirements in 40 CFR part 279 requiring the control of air
emissions from these sources. Therefore, the EPA extend the applicability of the OSWRO
NESHAP to include used oil processing and refining operations.
3.2.2 What is the difference between "used oil" as defined for implementation of the
OSWRO NESHAP and "used oil" for implementation of the RCRA used oil
management rules?
There is no difference in how the term "used oil" is applied for implementing the two sets of
rules. The OSWRO NESHAP adopts the same definition of used oil in the RCRA used oil
management regulations under 40 CFR 279.1. Therefore, for applying both sets of rules, used oil
is any oil refined from crude oil or any synthetic oil that has been used and as a result of such use is
contaminated by physical or chemical impurities.
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Table 3-2.
Comparison of Affected Sources Regulated Under OSWRO NESHAP and RCRA Air Standards
Affected Source
Tanks
Surface impoundments
Containers
Oil/water and chemical/water separators
Material transfer systems
Process vents
Equipment leaks
OSWRO
NESHAP
RCRA Air Standards Under 40 CFR parts 2647 265
Subpart AA
Subpart BB
Subpart CC
(see note a)
(see note b)
Notes:
(a) No specific requirements for oil/water and chemical/water separators. A separator meets the definition of a "tank" used in subpart CC and must meet the tank
standards
(b) No specific requirements for individual drain systems or other transfer systems Provisions under tank and surface impoundment standards in subpart CC
requires that transfer of hazardous waste between tanks or surface impoundments using air emission controls must be conducted using continuous hard piping or
another closed system (e.g., see §264.1084(j))
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Table 3-3.
Comparison of Process Vent Units Regulated Under OSWRO NESHAP and RCRA Air Standards
Process
OSWRO NESHAP
RCRA Air Standards under Subpart AA
Distillation
Distillation means a process, either batch or continuous,
separating one or more material feed streams into two or more exit
streams having different component concentrations from those in
the feed stream or streams. The separation is achieved by the
redistribution of the components between the liquid and vapor
phases as they approach equilibrium within the distillation unit.
Same as for OSWRO NESHAP
Fractionation
Fractionation means a liquid mixture separation process or
method used to separate a mixture of several volatile components
of different boiling points in successive stages, each stage
removing from the mixture some proportion of one of the
components
Same as for OSWRO NESHAP
Thin-film evaporation
oo
oo
Thin-film evaporation means a liquid mixture separation process
or method that uses a heating surface consisting of a large
diameter tube that may be either straight or tapered, horizontal or
vertical. Liquid is spread on the tube wall by a rotating assembly of
blades that maintain a close clearance from the wall or actually
ride on the film of liquid on the wall.
Same as for OSWRO NESHAP
Solvent extraction
Solvent extraction means a separation process or method in which
a solid or a solution is contacted with a liquid solvent (the material
and the solvent being relatively insoluble in each other) to
preferentially dissolve and transfer one or more components into
the solvent.
Same as for OSWRO NESHAP
Steam stripping
Steam stripping means a liquid mixture separation process or
method in which vaporization of the volatile components of a liquid
mixture occurs by the introduction of steam directly into the
process.
Same as for OSWRO NESHAP
Gas stripping
Gas stripping means a desorption process or method used to
transfer one or more volatile components from a liquid mixture into
a gas stream either with or without the application of heat to the
liquid. Packed towers, spray towers, and bubble-cap, sieve, or
valve-type plate towers are examples of the process configurations
used for contacting the gas and a liquid
Subpart AA uses the term "air stripping" instead of
"gas stripping" but the definition of the operation is
the same as for OSWRO NESHAP
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3.2.3 What type of used oil management operations regulated by RCRA are potentially
subject to the OSWRO NESHAP?
Not all used oil management operations regulated by RCRA are potentially subject to the
OSWRO NESHAP. The OSWRO NESHAP is potentially applicable only to those used oil
processing or refining operations that are subject to RCRA regulation under 40 CFR 279 subpart
F. Used oil management operations not subject these RCRA standards are also not subject to the
OSWRO NESHAP. Furthermore, an used oil processing or refining operation regulated under 40
CFR 279 subpart F is only subject to the OSWRO NESHAP if the used oil is delivered to the
facility from an off-site location and the used oil management operation is, is located at, or is part of
a major source of hazardous air pollutants (HAP) emissions.
3.2.4 If a used oil processing or refining operation is subject to the OSWRO NESHAP,
how are the technical requirements of the OSWRO NESHAP implemented?
The technical requirements of the OSWRO NESHAP apply to each affected source located
in used oil processing or refining operation. Under 40 CFR 279 subpart F, there are no
requirements for control of organic air emissions from used oil processing or refining operations.
The RCRA air standards do not apply to these operations. Therefore, the OSWRO NESHAP
imposes no duplicative or conflicting requirements on those owners and operators of used oil
processing or refining operations complying with the RCRA used oil management operations under
40 CFR 279 subpart F.
3.3 COMPARISON OF OSWRO NESHAP AND RCRA AIR STANDARDS
TECHNICAL REQUIREMENTS
3.3.1 How does the action level determined under the OSWRO NESHAP compare with
the RCRA Air standards?
The OSWRO NESHAP uses a 500 ppmw action level based on the concentration of volatile
organic hazardous air pollutants (VOHAP) in the off-site material to determine which off-site
material management units and process vents must use air emission controls. Likewise, the RCRA
air standards under subpart CC uses a 500 ppmw action level on the concentration of volatile
organics (VO) in the hazardous waste to determine which tanks, surface impoundments, and
containers use air emission controls. Consequently, for a waste management operation subject to
both the OSWRO NESHAP and the RCRA air standards under subpart CC, the need to use air
emission controls on those units used to manage a hazardous waste that is also an off-site material is
determined based on this material meeting both of the action levels. In the development of the
rules, the EPA recognized that this situation could occur and made the procedures for determining
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the 500 ppmw "action level" under the OSWRO NESHAP consistent with the procedures required
under the RCRA air standards, to the extent possible under the applicable statutory requirements.
Table 3-4 compares determination procedures for the 500 ppmw "action level" under the
OSWRO NESHAP with the procedures required under the RCRA air standards. For both off-site
material and for hazardous waste received from off-site generators, the action level concentration is
based on the composition of the material where the owner/operator accepts position or custody of
the material. The determination is made by collecting representative samples and analyzing these
samples using one of the specified test methods. As an alternative, both the OSWRO NESHAP
and the RCRA air rules allow the use of "knowledge" by the owner/operator to determine the
VOHAP concentration of the off-site material or the VO concentration of the hazardous waste.
The requirements for using "knowledge" for the action level determination are the same under both
rules.
Method 305 is the compliance test method used for the OSWRO NESHAP. This method is
designed for speciation of volatile organic hazardous air pollutants (i.e., identification and
measurement of individual compounds). Method 305 is a "purge and trap" method quite similar to
Method 25D on the front-end sampling and purging to remove the organic compounds from the
sample. The major difference is in the analysis where in Method 305 the purged stream undergoes
separation of the individual compounds by gas chromatography with measurement by mass
spectrometry (or other appropriate means). The concentrations of the constituents identified as
HAP in the OSWRO NESHAP are added to obtain the total VOHAP concentration of the off-site
material. It is this total VOHAP concentration that is compared to the OSWRO NESHAP action
level of 500 ppmw.
The RCRA air standards under subpart CC use Method 25D as the compliance test method
for measurement of the VO concentration of the collected hazardous waste samples. Method 25D
is not an individual compound speciation analysis method like Method 305 but rather is used to
provide a measure of the organic emission potential of a material. The method measures carbon
(using a flame ionization detector) and organochlorine (by electrolytic conductivity detector) in the
material. The carbon (expressed as methane) and the chlorine (expressed as chloride)
measurements are added together to provide an estimate of the total VO emission potential of the
waste. This VO concentration value is compared to the RCRA air rules action level of 500 ppmw.
Since Method 305 uses a speciation analysis method and the OSWRO NESHAP specifies
which chemical constituents are to be considered in the VOHAP concentration, Method 305
measures a subset of the VO concentration measured by Method 25D. Therefore, if an
owner/operator uses Method 25D to measure the (total) VO concentration of an off-site material
and that result indicates that the material has a VO concentration of less than 500 ppmw, then the
owner or operator can use the result of this alternative test method to verify that the off-site material
has a VOHAP concentration of less than 500 ppmw. On the other hand, a Method 25D
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concentration of greater than 500 ppmw does not automatically
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Table 3-4.
Comparison of 500 ppmw "Action Level" Determination Procedures Under OSWRO NESHAP With RCRA Air Standards
Parameter
Organic compounds
Averaging period
Point where
action level
is applied
Determination procedure
Sampling procedure
Compliance analysis method
Alternative analysis methods
an owner/operator
may choose to use
OSWRO NESHAP
Volatile organic hazardous air pollutants (VOHAP) as
defined in the rule
Any time interval up to 1 year that the owner/ operator
determines is appropriate forthe material
VOHAP concentration at point-of-delivery
Applied to both RCRA hazardous wastes and non-
hazardous wastes
Applied only to wastes generated off-site and delivered
to facility. Not applied to any waste generated on-site.
Point where the owner/operator first accepts custody
takes possession, or assumes responsibility for a
waste
Use either:
- Direct measurement (i.e., collect & analyze samples)
- Knowledge of the waste
Collect sufficient number of samples, but not less than
4, to be representative of the complete range of
organic compositions and quantities that occur in the
material stream during the averaging period
Collect and handle samples according to a written site
sampling plan
Method 305 in 40 CFR part 63, appendix A.
Method 25D in 40 CFR part 60, appendix A.
Method 624 in 40 CFR part 1 36, appendix A.
Method 625 in 40 CFR part 136, appendix A.
Method 1624 in 40 CFR part 136, appendix A.
Method 1625 in 40 CFR part 136, appendix A.
Method 8260 in EPA SW-846
Method 8270 in EPA SW-846
Other validated methods
RCRA Air Standards
Volatile organic (VO) compounds as defined in rule
Same as for OSWRO NESHAP
VO concentration at point-of-waste origination
Applied only to RCRA hazardous wastes
If waste generated on-site, point where waste is
determined to be a RCRA hazardous waste
If waste generated off-site, point where the
owner/operator first accepts custody of a RCRA
hazardous waste
Same as for OSWRO NESHAP
Same as for OSWRO NESHAP
Method 25D in 40 CFR part 60, appendix A.
Same as for OSWRO NESHAP
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mean that the (OSWRO NESHAP) VOHAP concentration is greater than 500 ppmw. The off-
site material may contain a number of organic compounds that are measured by Method 25D but
are not on the list of HAP specified for consideration in the rule.
Both rules also allow the uses of alternative analysis methods to Methods 25D and 305. The
selection of alternative methods is identical in both rules. All of these methods are speciation
methods that require identification and measurement of individual compounds. However, each
method has been validated only for a limited number of compounds, and multiple analyses by
different methods may be required to measure all of the volatile organic HAP present in a off-site
material sample. If one of the alternative methods is used to measure specific compounds present
in an off-site material, the measured concentrations can be corrected to values that would be
measured using Method 305. This is done using published Method 305 correction factors (f^os).
The concentration of each individual HAP may be "corrected" to equate to values that would be
measured using Method 305 by multiplying the measured constituent concentration by the
constituent-specific adjustment factor (^,305)- Sum the constituent Method 305 concentrations to
obtain the VOHAP concentration for the off-site material.
3.3.2 Are there affected sources which are exempted under one rule but not the other?
Both OSWRO NESHAP and the RCRA air standards include provisions which specifically
exempt certain affected sources that manage hazardous waste from having to use air emission
controls even if the waste in the unit has an organic content above the applicable action level. Table
3-5 compares the unit-specific exemptions potentially applicable to tanks, surface impoundments,
and containers managing hazardous waste allowed under the OSWRO NESHAP with the
exemptions allowed under the RCRA air standards. With two exceptions discussed below, when a
tank, surface impoundment, or container qualifies for a unit-specific exemption under the RCRA air
standards it also qualifies to be exempted from using air emission controls under the OSWRO
NESHAP.
The first exception occurs where tanks, surface impoundments, and containers managing
hazardous waste may be exempted under the OSWRO NESHAP but not the RCRA air standards.
The OSWRO NESHAP allows an owner or operator to designate one or a combination of units
managing off-site materials with a VOHAP concentration greater than 500 ppmw to be exempted
from using air emission controls when these units meet the condition that the total annual quantity of
HAP contained in the off-site material placed in the units (exempted under this provision) is less
than 1 megagram per year. To qualify for this exemption, the owner or operator must meet the
requirements specified in the rule under 40 CFR 63.683(b)(2). The RCRA air standards under
subpart CC do not provide for a comparable exemption. Therefore, the situation could occur at a
hazardous waste TSDF also subject to the OSWRO NESHAP where an individual tank, surface
impoundment, or
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Table 3-5.
Comparison of Exemptions from Using Air Emission Controls for Affected-Sources Managing Hazardous Waste Allowed Under
OSWRO NESHAP and RCRA Air Standards
Affected Unit
Conditions for Exemption From Using Air Emission Controls Under Rule
OSWRO NESHAP
RCRA Air Standards
Owner/operator designated
tank, surface impoundment, or
container
Unit exempted if total annual quantity of HAP contained
in the off-site material placed in all units exempted
under this provision is less than 1 Mg/yr.
No comparable exemption
Tank or surface impoundment
used for
biological treatment of
hazardous waste
1 Unit exempted if either:
- HAP biodegradation efficiency (Rbio) for the biological
treatment process is equal to or greater than 95%
- Total actual HAP mass removal rate (MRbio) for the
off-site material treated by the biological treatment
process is equal to or greater than the required HAP
mass removal rate (RMR) for the off-site material.
Same conditions to qualify for exemption as for
OSWRO NESHAP
Tank, surface impoundment, or
container used to manage
hazardous waste subject to
RCRA Land Disposal
Restrictions
Unit exempted if hazardous waste meets the
applicable numerical organic concentration limits
specified in the Land Disposal Restrictions under in 40
CFR 268.40.
Same conditions to qualify for exemption as for
OSWRO NESHAP
Tank, surface impoundment, or
container used to manage
treated hazardous waste
Unit exempted if organic hazardous constituents in the
hazardous waste have been treated by the treatment
technology established by the EPA for the hazardous
waste in 40 CFR 268.42(a), or have been removed or
destroyed by an equivalent method of treatment
approved by the EPA under 40 CFR 268.42(b).
Same conditions to qualify for exemption as for
OSWRO NESHAP
Tank used for bulk feed of
hazardous waste to
a waste incinerator
1 Unit exempted all 3 conditions met:
- Tank located inside an enclosure vented to control
device that meets applicable requirements in 40
CFR 61 subpartFF
- Enclosure and control device began operation before
Julyl, 1996
- Enclosure meets criteria in "Procedure T - Criteria for
and Verification of a Permanent or Temporary Total
Enclosure" under 40 CFR 52.741, Appendix B.
Same conditions to qualify for exemption as for
OSWRO NESHAP with exception that cutoff date for
enclosure and control device to have begun
operation extended to before November 25, 1996.
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container is required to use air emission controls under the RCRA air standards but is not required
under the OSWRO NESHAP to use controls. However, it is unlikely that a TSDF owner/operator
would choose to use this discretionary exemption available under the OSWRO NESHAP for a unit
that already must use air emission controls under the RCRA air standards. There would seem to be
little advantage or incentive for an owner/operator to doing so.
The second exception applies to a tank used for bulk feed of hazardous waste to a waste
incinerator. The OSWRO NESHAP exempts this type of tank when located in an enclosure and
vented to a control device before July 1, 1996 (and meets the other conditions listed in Table 3-5).
The RCRA air standards exempt this type of tank when located in an enclosure and vented to a
control device before November 25, 1996. The dates are differ because the cutoff date for either
rule is determined by the date on which the exemption provision in the applicable rule was
published in the Federal Register.
3.3.3 How do the technical control requirements under the OSWRO NESHAP compare to
the technical control requirements under the RCRA Air standards?
For affected sources required to use air emission controls, Table 3-6 compares the technical
control requirements of the OSWRO NESHAP with those required under the RCRA Air standards
in subparts AA, BB, and CC by the different affected source types.
Tanks. Surface Impoundments, and Containers. The technical requirements for tanks,
surface impoundments, and containers under the RCRA air standards in subpart CC are
essentially the same as those in the OSWRO NESHAP. A tank, surface impoundment, or
container controlled under either set of requirements will achieve the same emission reduction and
performance level.
Oil/water and Chemical/water Separators. There are no specific requirements under the
RCRA Air standards as there are in the OSWRO NESHAP for oil/water and chemical/water
separators. However, an oil/water and chemical/water separator meets the definition of a "tank"
used for applying the RCRA air standards. Therefore, these units potentially must meet the tank
standards under subpart CC.
Material Transfer Systems. The material transfer system control requirements under the
OSWRO NESHAP apply to any stationary system for which the predominant function is to convey
liquids or solid off-site materials from one point to another point within a waste management
operation or recovery operation conveyance of material using a container or a self-propelled
vehicle such as a front-end loader is not a transfer system under the rule). In contrast, there are no
specific requirements under the RCRA air standards for the affected source of material transfer
systems. The RCRA air standards do include a provision under both the tank and the surface
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impoundment standards in subpart CC that requires transfer of hazardous waste between tanks or
surface impoundments using air emission controls be conducted using continuous hard piping or
another closed system (e.g., see §264.1084(j)). There are no requirements under the RCRA air
standards affecting the transfer of materials into or out of containers.
Process vents. As discussed previously in this section, both the OSWRO NESHAP and
RCRA air standards (under subpart AA) require the control of air emissions from the same group
of process vent sources. However, there are significant differences in the application of the process
vent standards to these six process types under the OSWRO NESHAP compared to the RCRA
air standards. The OSWRO NESHAP process vent standards apply to any of six process types
when the process is used to treat an off-site material having a VOHAP concentration greater than
500 ppmw. Also, the OSWRO NESHAP specifically exempts very low flow process vents and
process vents that meet the process vent flow and concentration criteria of 6 m3/min and 20 ppmv
for the vent stream. Under the RCRA air standards the process vent standards are applied to the
six process types when the process is used to manage hazardous wastes with a total organic
concentration of at least 10 ppmw.
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Table 3-6.
Comparison of Air Emission Control Requirements Under OSWRO NESHAP With
RCRA Hazardous Waste TSDF Standards
Affected Source Type
Tanks
Surface
impoundments
OSWRO NESHAP
Technical Control Requirements
Required control level determined by vapor pressure of
material in tank, tank capacity, management operation
performed in tank, and whether tank is an existing or new
source.
Tank Level 1 Use either:
- Tight-fitting cover or fixed-roof
- Cover and vent to control device
Tank Level 2 Use either:
- Fixed-roof with internal floating roof
- External floating roof
- Cover and vent to control device
- Pressure tank
- Locate in enclosure vented to combustion control device
Use either:
- Floating membrane cover
- Cover and vent to control device
RCRA Air Standards
Technical Control Requirements
Tank control level applicability criteria same as for
existing sources under OSWRO NESHAP
Tank Level 1 Same as OSWRO NESHAP
Tank Level 2 Same as OSWRO NESHAP
Same as for OSWRO NESHAP
oo
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Table 3-6. (continued)
Affected Source Type
OSWRO NESHAP
Air Emission Control Requirements
RCRA Air Standards
Air Emission Control Requirements
Containers
VO
Required container control level determined by organic
content of material in container, container capacity, and
whether the container is used for waste stabilization
process.
Container Level 1 Use either:
- Container that meets DOT specifications(a)
- Tight-fitting cover
- Organic vapor suppression barrier
Container Level 2 Use either
- Container that meets DOT specifications(a)
- Leak-tight container as tested by Method 21
- Vapor-tight container as tested by Method 27
Container Level 3 Use either
- Cover and vent to control device
- Place in enclosure vented to combustion control device
Container control level applicability criteria same as for
OSWRO NESHAP
Container Level 1 Same as for OSWRO NESHAP
Container Level 2 Same as for OSWRO NESHAP
Container Level 3 Same as for OSWRO NESHAP
Oil/water and
chemical/water
separators
Use either:
- Floating roof(b)
- Fixed-roof vented to control device
- Pressurized separator
RCRA imposes Subpart BB standards on tank
ancillary equipment, piping and conveyance such as
waste solvent/paint collection system at a facility. The
collection system is subject to Subpart BB.
A separator meets the definition of a "tank" used in
subpart CC and must meet the tank standards
Material
transfer systems
Individual drain systems, use either.
- Covers, water seals, and other drain closure devices
- Continuous hard-piping
- Vent system through control device
Other transfer systems, use either
- Covers
- Continuous hard-piping
- Enclosure vented to control device
No specific requirements for individual drain systems
or other transfer systems
Provisions undertankand surface impoundment
standards in subpart CC requires that transfer of
hazardous waste between tanks or surface
impoundments using air emission controls must be
conducted using continuous hard piping or another
closed system (e.g., see §264.1084(j))
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Table 3-6. (continued)
Affected Source Type
OSWRO NESHAP
Air Emission Control Requirements
RCRA Air Standards
Air Emission Control Requirements
Process vents
Standard applied to each individual affected process vent at
facility
Each affected process vent must be vented through a
closed-vent system to a control device
Control device must achieve 95 % control efficiency
Standard applied to combination of all affected
process vents at facility
Achieve either:
- Reduction of total organic emissions from all
affected process vents below 1.4 kg/h and 2.8 Mg/yr
- Reduction of total organic emissions from all
affected process vents by 95%
Standard allows "emission averaging" of vent sources
to achieve compliance
Equipment leaks
Implement leak detection and repair (LDAR) program and
equipment modifications that meets requirements in
either:
- 40CFR61 SubpartV
- 40CFR63SubpartH
Implement LDAR program and equipment
modifications that meets requirements in subpart BB.
These requirements are similar to the requirements in
40CFR61 SubpartV.
to
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The OSWRO NESHAP are applied on an individual process vent basis and require each
affected process vent to be controlled. In, contrast, the RCRA air standards are applied on a
facility basis and require that owners or operators to reduce total organic emissions from all
affected process vents at the facility to below 1.4 kg/h (3 Ib/h) and 2.8 Mg/yr (3.1 ton/yr) or install
and operate a control device(s) that reduces total organic emissions from all affected process vents
at the facility by 95 weight percent. If the total emissions from all affected process vents at a the
facility exceed either the daily or annual emission limitations then controls are required; if total
emissions are below both of the emission limit criteria then no controls are required for the process
vents under subpart AA.
For those affected process vents under either the OSWRO NESHAP required to be vented
to a control device, the technical air emission control requirements for the closed vent system and
control device are relatively consistent. Both rules require installation and operation of an organic
recovery or destruction control device that meet certain design, operational, and performance
criteria. The performance requirements are summarized in Table 3-7.
Table 3-7.
Control Device Performance Requirements for both the OSWRO NESHAP and
RCRA Air Standards
Control Device Type
Enclosed Combustion Devices
(e.g., thermal incinerator, catalytic
incinerator, boiler, or process heater)
Organic Recovery Devices
(e.g., carbon adsorber or condenser)
Flares
Performance Requirement
95 % destruction efficiency
or
20 ppmv exit concentration
or
minimum residence and temperature,
(e.g. , 760 °C and 0.5 sec)
95 % overall recovery
design and operational criteria (e.g.,
no visible emissions)
Equipment leaks. The EPA has promulgated a number of NESHAP equipment leak
standards in 40 CFR parts 61 and 63. The OSWRO NESHAP cross-references several of these
existing NESHAP subparts. The rule allows the owner/operator the option of complying with the
40 CFR 61 subpart V or 40 CFR 63 subpart H. The RCRA air standards specifies all of
equipment leak requirements in subpart BB in parts 264 and 265. The technical requirements
under the RCRA air standards in subpart BB are essentially the same as the technical requirements
in 40 CFR 61 subpart V.
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There are two primary techniques for reducing equipment leak emissions that form the basis
of these EPA equipment leak standards: 1) modifying or replacing existing equipment, and 2)
implementing a leak detection and repair (LDAR) program. The equipment requirements (e.g.,
installing caps on open-ended lines or installing closed-loop sampling systems) are essentially the
same in all of the EPA equipment leak standards. There are no differences in these technical
requirements between the NESHAP subparts cross-referenced by the OSWRO NESHAP and the
RCRA air standards. Table 3-8 presents a summary of equipment modifications that can be used
for each equipment component type subject to the equipment leak standards.
Table 3-8.
Equipment Modifications for Equipment Leak Standards
Equipment Component Type
Pumps
Compressors
Pressure relief devices
Valves
Connectors
Open-ended lines
Sampling connections
Modification
Sealless design
Closed-vent system
Dual mechanical seal with barrier
fluid maintained at a higher
pressure than the pumped fluid
Closed-vent system
Dual mechanical seal with barrier
fluid maintained at a higher
pressure than the compressed gas
Closed-vent system
Rupture disk assembly
Sealless design
Weld together
Blind, cap, plug, or second valve
Closed-loop sampling
The LDAR program is routinely administered at a facility to detect and repair equipment that
is "leaking" (i.e., emitting sufficient amounts of organics to the atmosphere to warrant reduction of
these emissions by repairing the equipment). A portable monitoring device is used to identify
equipment leaks from individual pieces of equipment. The control effectiveness of any given LDAR
program is dependent on a number of factors including leak definition and monitoring frequency as
well as initial and final leak frequencies. The EPA equipment leak standards vary in how the LDAR
program is implemented with respect to leak definition and monitoring frequency as well as initial
and final leak frequencies. Some standards specify the leak definition (e.g., 10,000 ppmv) and
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monitoring frequency (e.g., monthly or quarterly) and others specify the final leak frequency. The
equipment leak standards under both 40 CFR 61 subpart V and the RCRA air standards in subpart
BB both require a monthly LDAR with a leak definition of 10,000 ppmv. In contrast, 40 CFR 63
subpart H of part 63 that has a lower leak definition for pumps and valves (e.g., 500 ppmv for
Phase II and m) and specifies the monitoring frequency based on the leak frequency.
3.3.4 Which technical requirements apply to an affected source when it must use air
emission controls under both the OSWRO NESHAP and the RCRA air standards?
Tanks. Surface Impoundments, and Containers. The RCRA air standards under subpart CC
applicability exempt any hazardous waste management unit that the owner or operator certifies is
equipped with and operating air emission controls in accordance with the OSWRO NESHAP (or
any other applicable Clean Air Act regulation under 40 CFR part 60, 61, or 63). It is important to
note that this exemption only applies to those units using organic air emission controls to comply
with an applicable CAA regulation.
Process Vents. The EPA amended the applicability provision of Subpart AA by adding a
new §264.1030(e) and §265.1030(d). This provision states that a process vent is not subject to the
Subpart AA standards provided the owner or operator certifies that all Subpart AA-regulated
process vents at the facility are equipped with and operating air emission controls in accordance
with the requirements of an applicable Clean Air Act regulation codified in Part 60, 61, or 63.
Therefore, the Subpart AA process vent applicability exemption is only available at a facility
where each and every process vent that would otherwise be subject to Subpart AA is equipped
with and operating air emission controls in compliance with an applicable CAA standard under
Part 60, 61, or 63. The various individual vents could be regulated under different CAA rules as
long as all vents (otherwise subject to Subpart AA) are controlled under an applicable CAA rule.
As with the similar exemption provisions in Subparts BB and CC, to comply with the
requirements at paragraphs §264.1030(e) or§265.1030(d) and thus qualify for the applicability
exemption, the emissions from each Subpart AA process vent must be routed through a
closed-vent system to an air emission control device. A process vent that is in compliance with a
CAA standard under an exemption from control requirements (i.e., is not equipped with and
operating a control device) does not meet the criteria established in the provisions paragraph
§264.1030(e) or §265.1030(d) of Subpart AA. Therefore, a unit that does not use the required air
emission controls but is in compliance with a NESHAP through an "emission averaging" or
"bubbling" provision does not qualify for the exemption. Similarly, if the Clean Air Act standard for
the particular unit is no control (for example, because the MACT floor for the source category is no
control and the Agency decided not to apply controls more stringent than the floor), the exemption
from the RCRA standards under §264.1030(e) or §265.1030(d) of Subpart AA would not apply
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since the unit would not actually be controlled (i.e., equipped and operating air emission controls)
under provisions of the MACT standard.
To take the above example a step further, at a facility where all but one of the Subpart AA
process vents are equipped with air emission controls for compliance under CAA rules and the one
uncontrolled Subpart AA process vent is also in compliance with a CAA regulation but is not
controlled for air emissions, the facility's Subpart AA process vents do not meet the applicability
exemption criteria as stated in Subpart AA and thus are not exempt from the rule under
§264.1030(e) or §265.1030(d).
Equipment Leaks. The amendments to the Subpart BB rules, published on December 8,
1997 (62 FR 64636-64671), revised the recordkeeping provisions of Subpart BB to eliminate
owner or operator burden caused by regulatory overlap of the various EPA equipment leak
regulations under the Clean Air Act and RCRA. The Subpart BB recordkeeping provisions in
Section 264.1064(m) and Sec. 265.1064(m) were amended to allow any equipment that contains
or contacts hazardous waste that is subject to Subpart BB and also subject to regulations in
40 CFR Part 60, 61, or 63 to determine compliance with Subpart BB by documentation of
compliance with the relevant provisions of the Clean Air Act rules codified under 40 CFR Part 60,
Part 61, or Part 63. As noted in the preamble to these amendments, "because compliance with
Subpart BB is demonstrated through recordkeeping, this recordkeeping revision has the effect of
exempting equipment that would otherwise be subject to Subpart BB from Subpart BB
requirements, provided the equipment is operated, monitored, and repaired in accordance with an
applicable CAA standard, and appropriate records are kept to that effect."
Paragraph §264.1064 (m) in the recordkeeping requirements states that the owner or
operator "...may elect to determine compliance with this subpart either by documentation pursuant
to §264.1064 of this subpart [i.e., Subpart BB], or by documentation of compliance with the
regulations at 40 CFR Part 60, Part 61, or Part 63 pursuant to the relevant provisions of the
regulations at 40 CFR Part 60, Part 61, or Part 63." The corresponding Part 265 language is the
same. The objective of the amendment was to eliminate any owner or operator burden caused by
regulatory overlap. In making the revision to paragraph (m) in §264.1064 and §265.1064 of
Subpart BB, the Agency intended that, for a piece of equipment subject to equipment leak
regulations under the CAA as well as RCRA Subpart BB, compliance with the CAA rules rather
than the RCRA Subpart BB requirements would be an adequate demonstration of compliance and
in effect eliminate the need to demonstrate compliance under Subpart BB of the RCRA Air Rules.
Based on EPA Headquarters' interpretation , the provisions in 40 CFR 264.1064(m) and
265.1064(m) are intended to allow a facility owner or operator to demonstrate compliance with all
of subpart BB, through documentation of compliance with regulations under one of the specified
parts of the CAA, such as the OSWRO NESHAP. Simply put, if a facility has equipment that is
subject to relevant provisions (i.e., provisions for operating, monitoring, and repairing subpart BB
equipment) under regulations within the specified CAA parts, that equipment is exempt from 40
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CFR part 264 subpart BB and therefore no potential exists for overlap with the OSWRO
NESHAP. To be eligible for the exemption provided by 40 CFR 264.1064(m) or 265.1064(m):
the relevant CAA requirements must be applicable to the subpart BB equipment; the relevant CAA
requirements must include provisions for operation, monitoring, and repair of the Subpart BB
equipment; the relevant CAA requirements must be codified within 40 CFR part 60, 61, or 63; and
compliance with the relevant CAA requirements must be documented in the facility operating
record.
3.4 FACILITY PERMITTING CONSIDERATIONS
3.4.1 What is the relationship between a facility's CAA Title V operating permit with the
facility's RCRA Subtitle C permit?
A facility subject to both the OSWRO NESFLAP and the RCRA air standards may be
required to have two operating permits, one permit for each of the separate regulatory programs.
One of the OSWRO NESFLAP applicability conditions is the facility is a major source of FLAP
emissions. Under CAA Title V, owners and operators of facilities that are major sources of FLAP
emissions are required to have an operating permit (see 40 CFR part 70). Under RCRA subtitle
C, owners and operators of TSDF that handle hazardous waste are required to have an operating
permit
According to the EPA's Operating Permits Group of the OAQPS Information Transfer and
Program Integration Division, a Title V operating permit for a major source must be comprehensive
with respect to including all emission units and all applicable requirements that apply to the units
(see 40 CFR 70.3(c)(l)). That is, the permit must include all "applicable requirements" for all
emission units within the fenceline (except for "insignificant activities") and contain an explanation of
any exemptions from otherwise "applicable requirements." An "applicable requirement" is
essentially all emission limitations and standards and other requirements through State
implementation plans (SIP), NSPS, MACT, NESFLAP, and other CAA requirements. For
example, the RCRA air emission standards are not an "applicable requirement" under Title V
because they are not CAA requirements (RCRA is a separate statute). The CAA standards under
Part 60, 61, or 63 are applicable requirements and as such should be included in the CAA Title V
operating permit, as applicable to the facility. All terms and conditions in the permit that are
required by the CAA or applicable requirements are federally-enforceable. In fact, all Federally-
approved rules/requirements are independently enforceable outside of CAA permitting programs.
For example, SIP requirements become federally-enforceable when EPA approves the SIP;
NSPS, MACT, and NESHAP are federally-enforceable as of their effective date. Therefore,
CAA requirements under 40 CFR Parts 60, 61, or 63 are independently enforceable regardless of
whether or not the requirements have been incorporated into the facility's Title V permit. An owner
or operator with sources subject to regulations under 40 CFR Part 60, 61, or 63 must comply with
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the applicable requirements of these regulations regardless of the CAA Title V permit status.
The operating permit term is 5 years. The requirements for permit content are described in
40 CFR 70.6. Each permit must include the emission limits and standards including operational
requirements and limits that assure compliance with all applicable requirements at the time of permit
issuance. All the terms and conditions of the permit, including any "permit shield" granted under 40
CFR 70.6(f), remain in effect until the renewal permit has been issued or denied. Any permit
noncompliance constitutes a violation of the Act and is grounds for enforcement action. Section
70.6(f) allows the permitting authority to include a provision stating that compliance with the
conditions of the permit shall be deemed compliance with any applicable requirements as of the
date of permit issuance provided: (1) such applicable requirements are included and specifically
identified in the permit; or (2) the permitting authority determines in writing that other requirements
specifically identified are not applicable to the source, and the permit includes the determination or a
concise summary of it. This means, in general, that once the applicable requirement is translated
into permit terms, the source must only comply with the Title V permit terms.
3.4.2 How does the program policy of a "permit shield" as implemented under the CAA
differ from the "permit-as-a-shield" policy implemented under RCRA?
The program policy of a "permit shield" as implemented under the CAA is significantly
different than the "permit-as-a-shield" policy implemented under RCRA. The RCRA "permit-as-
a-shield" policy allows a permitted TSDF to be shielded from compliance with regulatory
requirements promulgated after the RCRA permit is issued; i.e., compliance with the RCRA permit
constitutes compliance with the RCRA program. In general, under this policy, if a new standards is
added to 40 CFR Part 264 and is not in the facility's RCRA permit, the owner or operator is
typically not required to comply with that particular standard until the permit is reopened (most
likely for renewal at the permit's expiration date) and the requirements of the standard can be
added to the facility's permit. This is not the case under the CAA where any "shielded"
requirements must be specifically identified in the Title V permit. The CAA requires that the
facility's permit must be reopened to include newly promulgated requirements if more than 3 years
remain in the term of the permit. If not, the requirements are included in the permit renewal. In
either case, the facility owner or operator must comply with any new regulations under 40 CFR
part 60, 61, or 63, which are independently enforceable, as of their effective date.
3.4.3 Can the sources in a facility's CAA Title V operating permit be different than those
listed in the facility's RCRA Subtitle C permit?
Yes. There are circumstances where a particular unit or source may be listed in a facility's
RCRA Subtitle C permit but not included or listed in the facility's CAA Title V permit. For
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example, a unit may not be listed in the Title V permit for a major source if it is an "insignificant
activity." State permitting programs have varying definitions of "insignificant activity." Some use a
emissions threshold for HAPs (e.g., 2 tpy) and such limits should only be subject to generally
applicable requirements of the SIP. Portable units moved onto the site for a short period of time
also may not be listed in the permit for a major source. A portable source cannot be a major
source. In cases where a particular unit or source is not included or listed in a facility's Title V
permit, the unit is not exempt from any applicable CAA requirements under Sections 111 and 112.
As this discussion illustrates, in limited cases a HWMU at a facility could be subject to and in
compliance with a particular CAA rule but the facility's Title V permit may not clearly identify or list
the applicability of the rule.
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