United States
         Environmental Protection
         Agency	
       Solid Waste and
       Emergency Response
       (5305W) 	
EPA530-K-02-003I
  October 2001
&EPA
RCRA, Superfund & EPCRA
Call Center Training Module
           Introduction to:
                  Air Emission Standards
            (40 CFR Parts 264/265, Subparts AA, BB, and CC)
                    Updated October 2001

-------
                                     DISCLAIMER

This document was developed by Booz Allen Hamilton Inc. under contract 68-W-01-020 to EPA.
It is intended to be used as a training tool for Call Center specialists and does not represent a
statement of EPA policy.

The information in this document is not by any means a complete representation of EPA s
regulations or policies. This document is used only in the capacity of the Call Center training and
is not used as a reference tool on Call Center calls.  The Call Center revises and updates this
document as regulatory program areas change.

The information in this document may not necessarily reflect the current position of the Agency.
This document is not intended and cannot be relied upon to create any rights, substantive or
procedural, enforceable by any party in litigation with the United States.
                     RCRA, Superfund & EPCRA Call Center Phone Numbers:

          National toll-free (outside of DC area)                        (800) 424-9346
          Local number (within DC area)                              (703) 412-9810
          National toll-free for the hearing impaired (TDD)                (800) 553-7672
                      The Call Center is open from 9 am to 5 pm Eastern Time,
                         Monday through Friday, except for federal holidays.

-------
                     AIR EMISSION STANDARDS
                                CONTENTS
1.  Introduction 	  1

2.  Air Pollution Overview 	  2
   2.1 Ozone 	  2
   2.2 Air Toxics 	  2

3.  Regulatory Summary	  3
   3.1 Subpart AA 	  3
   3.2 Subpart BB	  8
   3.3 Subpart CC	11

4.  Special Issues	15
   4.1 Permit-as-a-Shield 	15
   4.2 Interface with Clean Air Act 	15
   4.3 Applicability of Subparts AA and BB to Large Quantity Generators	15

-------

-------
                                                                    Air Emissions -1
                           1.   INTRODUCTION
The Resource Conservation and Recovery Act (RCRA)  requires the safe and
effective management of hazardous waste from the point of generation to ultimate
disposal.  In 1984, as part of the Hazardous and Solid Waste Amendments (HSWA),
Congress established land disposal restrictions (LDR) which require that hazardous
wastes be treated to meet specific standards prior to land disposal. These restrictions
impose treatment standards on RCRA hazardous wastes to ensure that wastes are
treated before they are placed on the land to minimize  any future release of
hazardous constituents to soil and groundwater.  Some of the treatment
technologies that are used to meet these standards, however,  release hazardous
constituents to the air during the treatment process. Thus, while treating hazardous
waste prior to land disposal can protect groundwater, releases to the air can
diminish this benefit by shifting the pollution from one environmental medium to
another. This is called "cross-media pollution."  In order to minimize the threat of
this type of pollution, HSWA added 3004 (n) to RCRA, granting EPA the authority
to promulgate regulations for monitoring and control  of air emissions resulting
from RCRA hazardous waste management activities as necessary to  protect  human
health and the environment.

This module provides a regulatory overview of the RCRA air emissions standards
as they apply to hazardous waste facilities. When  you  complete this module, you
will be able to explain the history of the RCRA air  emission standards as well as the
air emission controls required by the standards. Specifically, you will be able to:

      Explain the difference between the air emission standards in Part 264/265,
       Subparts AA, BB, and CC

      Summarize the requirements of each of these subparts

      Identify the types of units subject to these requirements as well as specific
       exemptions.

Use this list of objectives to check your understanding of this topic after you
complete the training session.
  The information in this document is not by any means a complete representation of EPA's regulations or policies,
               but is an introduction to the topic used for Call Center training purposes.

-------
2 - Air Emissions
                    2.   AIR POLLUTION OVERVIEW
The need to control organic air emissions from waste management sources stems
from the adverse affects that volatile organics can have on human health and the
environment.  EPA estimates that approximately eight percent of the nation's
volatile organic emissions are produced by hazardous waste treatment, storage, and
disposal facilities (TSDFs). When establishing the RCRA air emission standards,
EPA focused on two major concerns: ozone and air toxics.
2.1   OZONE

The effects of ozone on air quality can be both beneficial and detrimental to human
health and the environment.  In the presence of sunlight, organic compounds
(including those emitted from waste management facilities) undergo a series of
complex chemical reactions to form two by-products: ozone and aerosol.  The
aerosol that is formed restricts visibility and creates photochemical smog.  Ozone
has been proven to yield harmful effects as well. Ozone exists in both the earth's
upper atmosphere (stratosphere) and the lower atmosphere (troposphere). In the
stratosphere, ozone protects us from the damaging effects of the sun's radiation by
acting as a filtering mechanism.  In the troposphere, however, exposure to ozone
has been shown to have more severe effects, including inflammation of lungs,
impaired breathing, reduced breathing capacity, coughing, chest pain, and nausea.
2.2   AIR TOXICS

Air toxics are air pollutants that can cause cancer or other adverse health effects.
Sources of these pollutants include large industrial settings such as chemical plants,
petroleum refineries, and power plants, as well as more diverse sources such as dry
cleaners and paint manufacturers.

Of the 189 chemicals currently identified as hazardous air pollutants under the
Clean Air Act  (CAA), a significant number are organic compounds. Exposure to
these pollutants can affect neurological, respiratory, and reproductive systems.
  The information in this document is not by any means a complete representation of EPA's regulations or policies,
               but is an introduction to the topic used for Call Center training purposes.

-------
                                                                   Air Emissions - 3
                      3.   REGULATORY SUMMARY
EPA has the specific authority to control organic air emissions at RCRA hazardous
waste facilities (3004 (n)). Under this authority, EPA's approach to controlling
organic air emissions is designed to significantly reduce these emissions as a class
rather than controlling the emission of individual waste constituents. Thus,
instead  of regulating certain organic compounds,  the RCRA air  emission standards
are established according to the type of waste management activity involved and the
ways in which the emissions  occur.

The RCRA air emission standards were promulgated in phases.   The first phase
includes 40 CFR Part 264/265, Subparts AA and BB.  These subparts address air
emissions from process vents associated with certain types of hazardous waste
management processes (Subpart AA) and leaks from certain types of equipment at
TSDFs and large quantity generators (Subpart BB). At such facilities, owners and
operators are required to install control equipment and employ management
practices to reduce air emissions from affected units and equipment.

Phase II of the RCRA air emission standards, Part 264/265, Subpart CC, regulates
organic air emissions from tanks, surface impoundments, and containers  located at
RCRA TSDFs and large quantity generators (LQGs). The last phase of the RCRA air
emission standards, Phase III, is dependent on  the ability of Subparts AA,  BB,  and
CC to effectively reduce volatile organic emissions.  If there is still a significant risk
posed by organic air emissions, EPA will develop additional air  emissions standards
on an industry-specific basis.  Phases I and II of the RCRA air emission standards are
discussed in this module.

There is no difference between the air emission standards in Part 264 and Part  265,
except for reporting requirements.  There are no reporting requirements under Part
265 for owners and operators of interim status  TSDFs, or for large quantity
generators. Thus, any reference made in this module to a particular section of 40
CFR may be applied to the requirements contained in either Part 264 or 265, unless
otherwise noted.
3.1   SUBPART AA

The following types of units are subject to the Subpart AA process vent standards:

     Units subject to the permitting standards of Part 270 (i.e., permitted or interim
      status)
  The information in this document is not by any means a complete representation of EPA's regulations or policies,
               but is an introduction to the topic used for Call Center training purposes.

-------
4 - Air Emissions
     Recycling units located at hazardous waste management facilities otherwise
      subject to the permitting standards of Part 270 (i.e., independent of the
      recycling unit, the facility has a RCRA permit or is in interim status)

     Less than 90-day large quantity generator units.

Although most recycling units are exempt from regulation under RCRA, 261.6(d)
subjects certain recycling units to the Subpart A A standards.  Thus, owners and
operators of recycling units located at facilities that already have a RCRA permit or
are operating in interim status must also comply with the applicable Subpart AA
regulations.

Any unit exempt from the facility standards under 264/265.1 is not subject to the
process vent  standards of Subpart AA.  For example, a wastewater treatment unit
that  otherwise meets the applicability criteria of Subpart AA would not be  subject  to
the standards, since the unit is exempt from Part 264/265  (264.1(g)(6), 265.1(c)(10)).

Once the owner and operator have determined that a facility is subject to Subpart
AA,  they must consider additional applicability criteria to determine whether the
facility is subject to the air emission control requirements.

Subpart AA applies to six specific types of units that have associated process vents:
steam strippers, distillation units, fractionation units, thin-film evaporation units,
solvent extraction units, and air strippers.  For purposes of the RCRA air
regulations, a process vent is any open-ended pipe or stack that is vented to the
atmosphere either directly, through a vacuum-producing system, or indirectly,
through a tank associated with one of the six specific types of units (264.1031).
Owners and operators at affected facilities that have process vents associated with
one of these types of units will be required to meet the standards of Subpart AA if
they manage wastes with an organic concentration of at least 10 parts per million by
weight (ppmw).  Figure 1 summarizes the applicability of the Subpart AA standards.
  The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Call Center training purposes.

-------
                                                                                        Air Emissions - 5
                                             Figure 1
s the unit
s the unit
s the unit
s the unit
efined in
oes the u
rganic co
UBPART AA APPLICABILITY TREE
Permitted or interim status? O
Large quantity generator accumulating hazardous waste?
es A
o
Distillation
Fractionation
Thin-film evaporation
Solvent extraction
Air stripping
Steam stripping
es 1
V es
1
T 0
264.1031?
es I
 0
ncentration > 10 ppmw?
esl i
ubject to Subpart AA ot subject to Subpart /
-
\A
The information in this document is not by any means a complete representation of EPA's regulations or policies,
                  but is an introduction to the topic used for Call Center training purposes.

-------
6 - Air Emissions
AIR EMISSION CONTROL REQUIREMENTS

Owners and operators of facilities subject to Subpart AA must install control
mechanisms that meet one of two standards presented in the regulations.  Owners
and operators may reduce or destroy the organics in the wastestream to meet either
of the following conditions (265.1032(a)):

      Reduction of organic air emissions from vents covered by the standards to
      both 3.0 pounds per hour (1.4 kg/h) and 3.1 tons per year (2.8 Mg/y)

                                        or

      Reduction of organic air emissions at the facility by 95 percent by weight.

These figures are based on aggregated emissions from all vents at the facility that are
subject to Subpart A A. As long as the facility meets the numerical standards,
owners and operators have the flexibility of reducing some units by a large amount
and others  by a lesser amount  or not at all.  This allows owners and operators to
evaluate  all alternatives available and achieve the  most cost-effective means of
complying  with the standards.

CLOSED-VENT SYSTEMS AND CONTROL DEVICES

In order to  meet the air emission standards discussed above, Subpart AA requires
owners and operators to install and operate control devices on affected units at the
facility in order to remove or destroy organics in its emissions. EPA does not specify
the type of control device  that must be used to achieve these standards; however,
individual  performance requirements for some types of devices that may be used
are presented in the regulations to assist owners and operators in complying with
the requirements.  These include vapor recovery systems, enclosed combustion
devices, and flares.  Owners and operators may use other types of control devices as
long as the emission reduction requirements of 265.1032(a) are met.

As mentioned above, it is not necessary for  every affected unit at the facility to be
equipped with a control device. The emission standards in 265.1032(a) are imposed
on a facility-wide basis; thus, if installing control devices on half of the affected units
at the facility is sufficient to bring organic emissions below the allowable levels, any
remaining units at the facility that are subject to Subpart AA may continue to
operate with  no control devices.

In addition to control devices, owners and  operators must also install closed-vent
systems to  conduct the organics to the control device.  A closed-vent system is  a
system that is not open to the atmosphere and that is composed of piping and
connections that transport gas  or vapor from a piece or pieces of equipment to a
control device (264.1031).  These systems must be  designed and operated with no
detectable emissions, and  periodically inspected and monitored for emissions.

   The information in this document is not by any means a complete representation of EPA's regulations or policies,
               but is an introduction to the topic used for Call Center training purposes.

-------
                                                                     Air Emissions - 7
Inspection and Monitoring

To ensure proper operation and maintenance,  owners and operators must monitor
and inspect each closed-vent system and control device used to comply with Subpart
AA (265.1033(f)).  Each control device must be inspected and monitored at least
once each operating day to ensure proper operation. As with the control device
standards, monitoring requirements are given for certain types of control devices
that are specified in the regulations. Owners and operators using  control devices
other than those specifically mentioned  must develop  documentation indicating
proper operation and maintenance of the control device and demonstrating that
performance standards are being met (265.1033(i)).

If, at any time, inspection of the control device  indicates that there is a problem with
the operation  of the unit (i.e.,  failure to achieve the required organic destruction
rate) owners  and operators must immediately  implement corrective measures
necessary to return the control device to  proper operation (265.1033(f)(3)).

Closed-vent systems used to comply with Subpart AA must be monitored annually,
or more often if requested by the EPA Regional Administrator (265.1033(1)). Any
detectable emissions must be controlled as soon as practicable, but not later than  15
calendar days after the emission is detected.

Recordkeeping and Reporting

The RCRA air emission standards are meant to be self-implementing.
Consequently, EPA does not play an active role in ensuring that facilities are in
compliance with the regulations on a day-to-day basis.  Instead, the Agency verifies
that owners and operators are complying with  the regulations through facility
inspections and audits.  Subpart AA requires owners and operators to keep detailed
records in the facility's operating log to demonstrate compliance with the standards.
Design documentation and monitoring,  operating, and inspection information for
each unit subject to the Subpart AA standards must be kept up-to-date and in the
facility's operating log for at least three years.

Subpart AA also requires that, every six  months, owners and operators of  permitted
facilities report to the Regional Administrator any instances during that time period
when a control device exceeded or operated outside of its design specifications (as
indicated by monitoring activities) for a period longer than 24 hours without being
corrected (264.1036). The report must indicate the duration of each exceedance and
any corrective measures taken to remedy the situation.  If during  the six-month
period
  The information in this document is not by any means a complete representation of EPA's regulations or policies,
               but is an introduction to the topic used for Call Center training purposes.

-------
8 - Air Emissions
no exceedances occur at the facility, the owner and operator need not submit a report
to the Regional Administrator.
3.2   SUBPART BB

The following types of units are subject to the Subpart BB equipment leak standards:

     Units subject to the permitting standards of Part 270 (i.e., permitted or interim
      status)

     Recycling units located at hazardous waste management facilities otherwise
      subject to the permitting standards of Part 270 (i.e., independent of the
      recycling unit, the facility already has a RCRA permit or is in interim status)

     Less than 90-day large quantity generator units

Although most recycling units are exempt from regulation under RCRA, 261.6(d)
subjects certain recycling units to the Subpart BB standards. Thus, owners and
operators of recycling units located at facilities that already have a RCRA permit or
are operating in interim status must  also comply with the applicable Subpart BB
regulations.

Like the Subpart AA standards, any  unit exempt from the facility standards  under
264/265.1 is not subject to the equipment leak standards of Subpart BB. For
example, a wastewater treatment unit that otherwise meets the applicability criteria
of Subpart BB is not subject to the standards, since the unit is exempt from Part
264/265 (264.1(g)(6), 265.1 (c)(10)).

Figure 2 summarizes the applicability of the Subpart BB standards. Once the owner
and operator determine that a facility is subject to  Subpart BB, they must consider
additional applicability criteria to determine whether the facility is subject to the air
emission  control requirements.

Subpart BB establishes standards for  equipment leaks at hazardous waste facilities by
requiring owners and operators to adopt safe management practices.  These
requirements are not limited to those units regulated under Subpart  AA, but
encompass all equipment used at any TSDF or LQG.  EPA defines equipment as any
valve, pump, compressor, pressure relief device,  sampling connection system, open-
ended valve or line, or flange or other connector, and any control device or  system
required by Subpart AA (264.1031).  Owners and operators of equipment that
contains or contacts hazardous waste or hazardous waste residues with at least 10
percent organics by weight are subject  to the control requirements of Subpart BB
(265.1050). Equipment that contains or contacts organic hazardous waste less than
300 hours per year are only subject to the Subpart  BB identification and
recordkeeping requirements (265.1050(f)).
  The information in this document is not by any means a complete representation of EPA's regulations or policies,
               but is an introduction to the topic used for Call Center training purposes.

-------
                                                                         Air Emissions - 9
                                       Figure 2
                           UBPART BB APPLICABILITY TREE
        s the unit:
                Permitted or interim status?
                Recycling unit at permitted/interim status facility?
                Large quantity generator accumulating hazardous waste?
                             ^
       Does the equipment meet the definition of
        equipment" in 264.1031?
                          es I
                                                                    es
        s the equipment part of an exempt
       waste unit under 264/265.1?
       Does the equipment come into contact with
       hazardous waste with an organic concentration
       of at least 10% by weight?
                           es I
                      ubject to Subpart BB
ot subject to Subpart BB
Equipment Leak Control Requirements

The techniques used to control emissions from equipment leaks under Subpart BB
combine equipment standards with inspection and monitoring requirements to
ensure compliance with the standards.  Specific requirements for each type of
equipment are given in the regulations. These requirements consist of design and
operating standards for each category of equipment. The standards also specify the
type and frequency of all inspection and monitoring activities required.  All of these
  The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Call Center training purposes.

-------
10 - Air Emissions
requirements vary depending on the piece of equipment at the facility.  For example,
265.1053 provides the control standards for compressors.  According to this section,
each compressor must be equipped with a seal system that includes a barrier fluid
that will prevent organic emissions from leaking to the atmosphere.  Specifications
are given in the regulations for the compressor seal system and the standards each
component must meet.  In addition,  each barrier fluid must have a sensor that will
detect failure of the system. Owners and operators must also establish an inspection
and monitoring program as described below.

By requiring certain work practices to be established, EPA is able to ensure that
owners and operators are operating the equipment at the facility in a manner that
will reduce or eliminate the probability of an equipment leak. Subpart BB achieves
this by requiring owners and operators to establish specific  leak detection and repair
(LDAR) programs.  LDAR programs require leak detection monitoring and/or
inspection by a specific instrument, by visual means, or  by sense of smell, depending
on the type of equipment being used at the facility. What constitutes a leak for
purposes of Subpart BB will depend on the type  of equipment being used.  For
example, compressors are considered leaking if the sensor (required by the design
standards) indicates failure of the compressor's seal system  (265.1053(f)).

Once a leak has been detected, repair must be initiated and completed within 15 days
to remain in compliance with the Subpart BB standards. As with  the previous
example, the compressor standards may be used to illustrate LDAR program
implementation.  Each sensor used on  the compressor system must be  checked daily
to ensure that it is functioning properly.  If the sensor does  indicate a leak, it must be
repaired as soon as practicable, but no later than  15 days after the leak was first
detected (265.1053(g)).

Recordkeeping and Reporting

The recordkeeping and reporting requirements for Subpart BB are very similar to
those in Subpart AA.  Owners and operators must keep  detailed records in the
facility's operating log sufficient to demonstrate  compliance with the standards.
Such information includes design documentation and monitoring, operating, and
inspection information for each piece of equipment affected by Subpart BB.  These
records must be kept up-to-date and  in the facility's operating log for at least three
years (265.1064).

Subpart BB also requires that owners and operators of permitted facilities report to
the Regional Administrator every six months, indicating any instances during that
time period when the control device  exceeded or operated outside  of its design
specifications (as indicated by monitoring activities) for  longer than 24 hours
without being corrected (264.1065).  The reports must indicate dates, duration,
cause, and any corrective measures that were taken to remedy the  situation. If,
during the six-month  period, no exceedances occur at the facility, the owner and
operator need not submit any report to the Regional Administrator.

  The information in this document is not by any means a complete representation of EPA's  regulations or policies,
               but is an introduction to the topic used for Call Center training purposes.

-------
                                                                  Air Emissions - 11
As in Subpart AA, there are no reporting requirements for owners and operators of
interim status facilities, or for large quantity generators subject to Subpart BB.
3.3   SUBPART CC

The requirements of Subpart CC apply to owners and operators of TSDFs that treat,
store, or dispose of hazardous waste in tanks, surface impoundments, or containers
(265.1080(a)). Subpart CC also applies to large quantity generators accumulating
waste in tanks and containers. Units exempt under 264/265.1 are not subject to
these air emission control requirements.  In addition, the following units are
specifically exempt from the air emissions control standards:

     A waste management unit into which hazardous waste was placed before
      December 6, 1996, as long as no hazardous waste is added to the units after
      December 6, 1996

     A container with a capacity less than or equal to 0.1 m3 (approximately 26
      gallons)

     A tank or surface impoundment to which the owner and operator have
      stopped adding hazardous waste and the owner and operator have begun
      implementing  or completed closure pursuant to an approved closure plan
      (with possible exceptions for some surface impoundments)

     A tank with process vent, as defined in 264.1031

     A tank, surface impoundment, or container operating with controls in
      compliance with a CAA standard under 40 CFR Parts 60-62.

In addition, the following units are presently deferred from regulation under
Subpart CC awaiting further study:

     A waste management unit used solely to manage hazardous waste generated
      under corrective action, CERCLA, or another federal or state remediation
      authority

     A waste management unit used solely to manage radioactive mixed waste.

Owners and operators of TSDFs that manage hazardous waste in  tanks, surface
impoundments, and containers, as well as large quantity generators accumulating
hazardous waste in tanks  and containers,  must install air emission controls only if
these units manage waste  that exceeds an average volatile organic concentration of
500 ppmw at the point of waste generation. Units managing wastes with organics
that have been removed or destroyed according to specific standards established in

  The information in this document is not by any means a complete representation of EPA's regulations or policies,
               but is an introduction to the topic used for Call Center training purposes.

-------
12 - Air Emissions
the regulations are not subject to these control requirements.  The Subpart CC
standards outline specific procedures and equations for making these
determinations (265.1084).

AIR EMISSION CONTROL REQUIREMENTS

Tanks, surface impoundments, and containers that manage hazardous waste
exceeding the 500 ppmw volatile organic concentration threshold must install air
emission controls that will prevent the release of organic constituents.  For each
unit, owners and operators must install one of several control options offered in the
Subpart CC requirements.

Tanks

The Subpart CC regulations require owners and operators of TSDFs and LQGs to
control organic air emissions from tanks managing hazardous waste with an
average volatile organic concentration of greater than or equal to 500 ppmw. There
are two regulatory classes of tanks, Level 1 and Level 2. Level 1 tanks are those tanks
that meet maximum vapor pressure limits based on design capacity, are not heated
above the temperature at which the maximum vapor pressure was determined, and
are not units in which stabilization is conducted. Level 2 tanks are those tanks that
either do not meet the  Level 1 tank criteria, or that the owner and operator have
chosen to not operate using Level 1 tank criteria.

A Level 1 tank must be operated with a fixed roof that forms a continuous barrier
over all hazardous waste stored in the tank.  All openings in the fixed roof must be
connected to either a closure device or a closed-vent system connected to a control
device (265.1085(c)).

Level 2  tanks have several different options for compliance with the Subpart CC
standards.  They may be equipped with either a fixed roof and an internal floating
roof, an external floating roof, or a cover vented through  a closed-vent system to a
control device. Level 2 tanks may also be pressure tanks that are operated in a closed
system, with no detectable emissions at any time. Finally, Level 2  tanks may be
located  inside a permanent total enclosure that is vented through a closed-vent
system to an enclosed combustion device (265.1085(d)).

Surface Impoundments

Owners and operators  of surface impoundments subject to Subpart CC have two
regulatory compliance  options. First, the owner or operator may install a cover (e.g.,
an air-supported structure or a rigid cover) that is vented through a closed-vent
system to a control device.  Specific design requirements for the cover, closed-vent
system, and control device are provided in the regulations. Second, the  owner or
operator may install and operate a floating membrane cover.  All  openings in this
cover must be equipped with a closure device (265.1086).

  The information in this document is not by any means a complete representation of EPA's regulations or policies,
               but is an introduction to the topic used for Call Center training purposes.

-------
                                                                   Air Emissions - 13
Containers

The Subpart CC regulations require owners and operators of TSDFs and LQGs to
control organic air emissions from containers managing  hazardous waste with an
average volatile organic concentration of greater than or  equal to 500 ppmw.  There
are three regulatory categories of containers, Level 1, Level 2, and Level 3. Level 1
containers are all containers that have a design capacity between 0.1 m3and 0.46 m3
(approximately 26 gallons and 119 gallons respectively), and containers with a design
capacity greater than 0.46 m3 that are not in light material service (265.1087(b)(l)(i)
and (ii)). Level 2 containers have a design capacity greater than 0.46 m3 and operate
in light material service (265.1087(b)(l)(iii)). The third category, Level 3, consists of
all containers with a design capacity greater than 0.1 m3 that must  remain
uncovered for waste stabilization (265.1087(b) (2)). Containers with a design capacity
less than or equal to 0.1 m3 are exempt from Subpart CC regulation (265.1080(b)(2)).

Level 1 containers have three compliance options under  the Subpart CC regulations.
The first option is to meet all applicable Department of Transportation (DOT)
packaging requirements under 49 CFR Parts  173, 178, 179, and 180.  The other Level 1
container compliance options are to employ a cover or other  closure  device, or  to
cover the waste in the  container with an organic-vapor suppressing barrier, such as
afoam(265.1087(c)).

Level 2 containers may also meet DOT packaging standards in order to comply  with
the Subpart CC air emission requirements. A second option is to demonstrate that
the container operates  with no detectable organic emissions as determined by
Method 21 of Part 60, Appendix A.  For a Level 2 container attached to a truck,
trailer, or rail car, a third option is to demonstrate, using  Method 27 of  Part 60,
Appendix A,  that the unit is organic vapor-tight (265.1087(d)).

Level 3 container emissions must be either vented directly through a closed-vent
system to a control device, or vented inside an enclosure through  a closed-vent
system to a control device (265.1087(e)).

CLOSED-VENT SYSTEMS AND CONTROL DEVICES

Under several of the control options for tanks,  surface impoundments, and
containers, owners and operators are required to install a closed-vent system
connected to a control  device in order to safely vent gases, fumes, and vapors
emanating from the waste management unit. As part of the  unit-specific
requirements,  owners and operators must comply with the standards for closed-
vent systems  and control devices in Part 264/265, Subpart AA.

INSPECTION AND MONITORING

Owners and operators of tanks, surface impoundments,  and  containers must

  The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Call Center training purposes.

-------
14 - Air Emissions
visually inspect and monitor each cover and cover opening, control-vent system,
and control device.  The regulations provide for limited inspection requirements for
certain types of units operating under specific conditions. For some covers and
control devices, owners and operators must also demonstrate compliance with the
air emissions standards through specified test methods.  All owners and operators
subject to these requirements must develop and implement a written plan and
schedule detailing how all inspection and monitoring activities will be
implemented at their particular facility.

RECORDKEEPING AND REPORTING

Owners and operators managing hazardous waste in tanks, surface impoundments,
and containers must record and maintain documentation certifying that the tank
covers, floating membrane covers, container closures, closed-vent systems, and
control devices meet required design and operating standards (265.1090). Owners
and operators must also maintain records of all tests used to  comply with the air
emissions standards, visual inspections and monitoring, organic vapor
determinations, and other documentation demonstrating compliance  with the
Subpart CC standards.

Owners and operators  of permitted units are required to report instances of
noncompliance with the tank, surface impoundment, container,  and control device
standards to the EPA Regional Administrator  (264.1090). There  are no reporting
requirements for owners and operators of interim status units, or for large quantity
generators.
  The information in this document is not by any means a complete representation of EPA's regulations or policies,
               but is an introduction to the topic used for Call Center training purposes.

-------
                                                                 Air Emissions - 15
                          4.   SPECIAL ISSUES

Several complex issues impact the applicability of the RCRA air emissions
standards.

4.1   PERMIT-AS-A-SHIELD

Most rulemakings do not require facilities with final permits to immediately
comply with regulations promulgated after final permit issuance. This provision is
commonly known as "permit-as-a-shield" (270.4).  On December 6, 1994, EPA
amended 270.4 to require that owners and operators of TSDFs that have been
issued final permits prior to October 6, 1996, comply with the air emission standards
under Part 265, Subparts AA, BB, and CC, until the facility's permit is reviewed,
reissued, or a class 3 permit modification is conducted (59 FR 62896, 62920).

4.2   INTERFACE WITH CLEAN AIR ACT

Although the control of air emissions is typically an issue addressed under CAA,
RCRA 3004 (n) gives EPA the specific authority to address  air emissions from
hazardous waste management sources under RCRA.  The RCRA air emission
standards are designed to complement, rather than duplicate, regulations under the
CAA. Although it is possible for facilities to be subject to both the CAA and the
RCRA air emission standards, RCRA 1006(b) directs EPA to coordinate all
provisions of RCRA with the appropriate provisions  of other environmental laws.
In order to prevent regulatory duplication, EPA will, to the maximum extent
practicable, consider all other environmental laws when promulgating regulations
under both CAA and RCRA. One example of this was the addition of the Subpart
CC exemption for facilities operating controls in compliance with a CAA standard
(265.1080 (b) (7)).
4.3   APPLICABILITY OF SUBPARTS AA AND BB TO LARGE
      QUANTITY GENERATORS

Prior to promulgation of Subpart CC, large quantity generators were not subject to
existing air emission standards for process vents and equipment leaks under
Subparts A A and BB.  Given the significant organic emissions from tanks and
containers used for hazardous waste accumulation at these facilities, EPA
determined that it was necessary to subject large quantity generators to all of the
RCRA air emission standards. As a result, when the Subpart CC standards were
promulgated on December 6, 1994, the Agency amended 262.34 to add a
requirement that large quantity generators accumulating hazardous waste in tanks
and containers also comply with the air emission standards of Subparts AA, BB and
CC. The rule makes this provision a condition that large quantity generators must
comply with to maintain  permit-exempt status under RCRA.


  The information in this document is not by any means a complete representation of EPA's regulations or policies,
               but is an introduction to the topic used for Call Center training purposes.

-------