United States Environmental Protection Agency
Office of Enforcement and Compliance Assurance
EPA 300-F-20001
June 2020
I jSg i EPA Enforcement Alert
\no^ National Compliance Initiative
Focus on RCRA Air Emissions
Office of Civil Enforcement
Purpose
This Alert provides information to the regulated community on frequently
cited compliance issues associated with air emissions from hazardous waste,
recent enforcement case settlements, EPA inspection approaches, facility best
practices, as well as the importance of carefully considering both the Resource
Conservation and Recovery Act (RCRA) and Clean Air Act (CAA)
requirements when addressing organic air emissions. This Alert also provides
a reminder on the relationship between the CAA "once in always in" policy
and RCRA permitting.
As part of OECA's National Compliance Initiative (NCI) focused on
Reducing Hazardous Air Toxic Emissions at Hazardous Waste Facilities, the
EPA has found numerous violations and compliance issues at hazardous waste
large quantity generators (LQGs) and treatment, storage and disposal facilities
(TSDFs) relating to failure to control organic air emissions from certain
hazardous waste management activities. The Organic Air Emission Standards
are found in Title 40 of the Code of Federal Regulations (CFR) parts 264 and
265, subparts AA, BB and CC (collectively referred to as "RCRA air"
regulations). Subpart AA controls air emissions from certain process vents,
Subpart BB controls air emissions from specific equipment leaks, and Subpart
CC controls air emissions from certain tanks, containers, and surface
impoundments.
Uncontained organic air emissions from TSDFs managing hazardous wastes
contribute significantly to ambient ozone formation, increased cancer rates,
and other health risks. Releases to the air from process vents, equipment,
tanks, containers and surface impoundments can result in onsite worker
exposure, and at times, nearby community exposure, to hazardous waste
volatile organic compound (VOC) emissions. Emissions of hazardous waste
VOCs increase the potential for fire and explosions on site and may present
risks to first responders.
Progress Towards Compliance: RCRA Air NCI Inspections Fiscal Year
2017-2019
Over a two-year period, the EPA completed 325 inspections at RCRA
facilities for compliance with air emission requirements. These inspections
were at both TSDFs and LQGs that collectively manage over 3.8 million tons
of organic hazardous waste annually. During these inspections, hundreds of
Field Monitoring
to Determine
Compliance
EPA inspectors use field
monitoring equipment to
ensure compliance with
RCRA air emission
standards through a
combination of
traditional laboratory
sampling, Forward
Looking Infrared
cameras, Photo and
Flame Ionization
Detectors, colorimetric
tubes and other devices.
The EPA actively looks
for leaks and will take
enforcement actions to
control air emissions
and return facilities to
compliance.

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ongoing emission leaks were identified and immediately repaired, preventing potential fire or explosion,
and addressing occupational threats. The EPA's air emission inspections continue to find compliance issues
that often result in EPA enforcement actions. These compliance issues include the failure to monitor for
releases, improper claims that equipment is exempt from RCRA air regulation, and noncompliance related
to air emissions releases from pressure relief valves and tank closure devices.
Monitoring for Releases
The RCRA air regulations require facilities to properly monitor certain process vents, equipment, tanks,
containers, and surface impoundments. Monitoring may include
visual, audible, and olfactory detection methods, among other
methods, or may be performed by use of instruments that meet the
performance criteria of Reference Method 21 (40 CFR Part 60
Appendix A), which is used for detecting emissions (e.g., leaks,
	defects, or exceedances of No
Detectable Emissions).
Monitoring violations may arise
when instrument (i.e., photo or
flame ionization detector (PID
or FID)) calibration i s faulty or	nD LDAR Monitoring
incomplete, or the required
monitoring is not performed correctly, accurately, or with the proper
frequency as required in the regulations. For a facility to ensure
compliance with the regulations, it must actively look for emissions.
As illustrated in the adjacent pictures, proactive monitoring will
Potential Tank Defect/Leak	identify equipment failures resulting from ruptured discs, flanges, and
gaskets. Monitoring for releases is critical and can result in early
detection of minor emissions before larger emissions occur.
Exempt Equipment Under the RCRA Air Regulations: Careful Consideration of Regulatory
Criteria is Critical
The RCRA air regulations provide criteria that facilities must use to determine whether equipment is
exempt from the RCRA air regulations. It is important that facilities correctly and carefully apply these
criteria to determine whether their equipment meets any of the exemptions. One example is the Subpart BB
exemption for pieces of equipment that contain or contact Subpart BB regulated waste for less than 300
hours per calendar year. See 40 CFR § 264.1050(f) and 40 CFR § 265.1050(e). This is a cumulative hour
requirement (not consecutive hours) over the course of a year. Whether or not in service, if the unit
contains or contacts residuals that meet the Subpart BB applicability threshold of 10 percent by weight
organics for 300 or more hours per calendar year, it is subject to the air emission requirements. See 62 Fed.
Reg. 64,641 (1997). Facilities that assert the less than 300-hour per calendar year exemption must
positively identify and record the piece of equipment in the operating record. Exempt units must be
identified in the operating record, "either by list or location (area or group) of equipment that contains or
contacts hazardous waste with an organic concentration of 10 percent by weight for less than 300 hours per
calendar year. " See 40 CFR §§ 264/ 265.1064(g)(6).
Organic Air Emission Releases from Pressure Relief Valves and Tank Closure Devices
EPA commonly identifies failure to maintain properly functioning pressure relief valves and tank closure
devices (e.g., conservation vents) as an area of concern, which result in releases of hazardous waste air
emissions. See 40 CFR §§ 264/265.1054. EPA inspectors have frequently found noncompliance where
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pressure relief valves or conservation vents are stuck open, allowing a continuous release of emissions from
hazardous waste into the air. Additionally, inspections have frequently discovered defects on tanks where
tank-closure devices are not maintained, are left open, or are not tightly cinched down. See, e.g., 40 CFR
§ 264.1084(c)(2) and 40 CFR § 265.1085(c)(2). Facilities need to review the tank design operating pressure
and the waste vapor pressure managed in the tank to ensure the vapor pressure from the waste in the tank is
less than the maximum vapor pressure limit for the tank design capacity, as well as to determine the set
pressure for the pressure relief valve. See e.g., 40 CFR § 264.1084 and 40 CFR § 265.1085. Inspectors have
seen instances of pressure relief valves set incorrectly and manway hatches left unsecured, resulting in
constant venting of organic vapors into the atmosphere.
Pressure relief valves or conservation
vents are designed to protect tanks
against overpressure or vacuum during
loading or unloading. However, the EPA
has found these types of equipment to be
sources of air emissions even when
materials are not being pumped into or
out of the tank. As shown here, there can
be multiple potential emission points
(fresh air intake and air release) on these
types of equipment. Facilities are
encouraged to add these types of
monitoring to their leak detection and
repair (LDAR) monitoring program and
to regular Subpart J inspections.
Case Settlement: Decostar Industries, Inc.
Decostar manufactures parts for various automobile manufacturers in Carrollton, Georgia, and is a large quantity
generator of hazardous waste. On May 26, 2016, the EPA and the State of Georgia conducted a RCRA Compliance
Evaluation Inspection.
A subsequent enforcement action addressed the numerous compliance issues found in the inspection, including
violations of RCRA Subparts BB and CC. The case cited Subpart BB violations for failure to conduct inspections,
maintain and operate the facility to prevent a release, provide required training, and establish and maintain
emergency preparedness and prevention procedures. Subpart CC violations included failure to properly and/or
adequately determine the level of air emission controls, design and install the fixed roof and/or closure device,
properly monitor hazardous waste for leaks, make repairs within the required number of days, and maintain records
on tank defects and repairs taken.
During and directly after the inspection, Decostar took immediate proactive steps to address its Subpart CC
violations requiring no further injunctive relief for Subpart CC. However, the subsequent enforcement action
required Decostar to develop a "BB Equipment Program" document within 60 days to ensure Subpart BB
compliance in its ongoing operations, including cataloging all regulated equipment, monitoring, and recordkeeping,
developing a tracking program, and developing an implementation plan.
The settlement included a penalty of $377,900 with the remaining penalty amount mitigated by Decostar's upgrade
to certain equipment under a supplemental environmental project (SEP) valued at over $2.7 million. The SEP
includes the replacement of existing robots and paint applicators with devices that increase transfer efficiency.
https://www.epa.gov/enforcement/decostar-settlement-information-sheet
Conservation Vents/Pressure Relief Devices
release
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EPA Inspection Approaches for Ensuring Compliance
Understanding the EPA's approach to RCRA air inspections can be helpful to those working to maintain
compliance with the regulations. Some common elements in inspections include:
•	Real-time monitoring for leaks using PIDs and FIDs to perform Method 21 monitoring, as well as
using Forward Looking Infrared (FLIR) cameras to identify releases to the environment;
•	Process-based inspections and sampling of waste to review and determine which process vents,
equipment, tanks, containers, or surface impoundments may be subject to regulation, and ensuring
that all subject equipment is included in a facility's RCRA air program; and
•	Conducting thorough record reviews to ensure a facility is meeting requirements for equipment
identification, location, tagging, leak detection monitoring, calibration of instrumentation, and leak
repair timeframes, among other documentation requirements.
Facility Best Practice Recommendations
The following section offers a few best practices that the EPA has found to be effective in implementing a
successful RCRA air program. While these are not required under the regulations, facilities that have
implemented these practices have been found to have fewer violations. They are offered here for
consideration.
(1)	Proactive replacement of aging equipment. The EPA encourages companies to proactively identify
and replace faulty equipment or closure devices, including pressure relief valves and conservation
vents, among other types of equipment. A facility may implement various approaches depending on
its operations. These approaches may include:
•	Developing lowered internal leak definitions for valves and pumps. Facilities that have
internally lowered the leak definitions at their facility (e.g., for valves and pumps or for
equipment most likely to leak), are able to reduce errors and provide a margin of safety for
identifying leaking components.
•	Implementing a program with more frequent monitoring of
equipment most likely to leak. This will ensure that leaks
are being identified and repaired in a timely manner and
that previously unidentified leaks are not worsening over
time.
•	Implementing a proactive process for pressure relief valve	FUR 0fProcess Vent
and tank closure monitoring, including operation and
maintenance plans, and incorporating the plan into Subpart J inspections via the written plan
and schedule in 40 CFR § 264.1088 and 40 CFR § 265.1089.
Some facilities have seen evidence of equipment failure from ruptured disks, flanges, or gaskets
and quickly perform repairs in order to prevent releases. These early corrective actions taken by
facilities to regularly and proactively maintain and replace equipment protect workers and
communities from potential exposures.
(2)	Subpart BB Equipment Program. Some facilities have implemented a customized facility-wide
RCRA Subpart BB equipment program. This type of program encapsulates the facility Subpart BB
requirements with useful best practices into one document. These may include: basic applicability

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determinations for specific equipment; lists of all equipment subject to Subpart BB; leak definitions
and monitoring frequencies as required in the regulations; a tracking program for older Subpart BB
equipment; and a program for ensuring that new Subpart BB equipment is added to the LDAR
monitoring plan. It may also designate the roles and responsibilities of employee and contractor
personnel assigned to Subpart BB functions at the facility. A Subpart BB equipment program
designed by the facility based on its own Subpart BB operational needs will ensure that all
employees are on the same page with Subpart BB compliance.
(3) Subpart BB Less Than 300-hour Exemption. Where a facility asserts the less than 300-hour per
calendar year exemption, the facility must positively identify the equipment in the operating record.
See 40 CFR §§ 264/265.1064(g)(6). A best practice to ensure that the equipment is no longer
containing or contacting hazardous waste residue is to clean or flush the piece of equipment with
solvent and dry it with an air or nitrogen purge or other non-hazardous waste material (or water)
capable of removing the liquid and gas. The waste that had been present, the times operated, routine
methods of cleaning or flushing, and the date and time of cleaning or flushing should be recorded
for purposes of recordkeeping and demonstrating the exemption. Utilizing this best practice ensures
the operating record can properly document that the requirements for exemption have been met.
RCRA Air Emission Standards Relationship to the CAA
Section 1006(b)(1) of RCRA requires that RCRA provisions avoid duplication with CAA standards to the
maximum extent practicable. Similarly, section 112(n)(7) of the CAA directs the EPA to ensure, to the
maximum extent practicable, consistency between the requirements of CAA section 112 and RCRA
Subtitle C requirements for the source category.
To implement RCRA section
1006(b)(1) and CAA section 112(n)(7),
the EPA included provisions in the
RCRA air regulations that avoid
duplication with the CAA. However,
these provisions do not state that
compliance with applicable CAA
requirements alone constitutes
compliance with RCRA air regulations.
In order to ensure RCRA air
compliance where a facility has a CAA
permit, it is important to understand the
particular exemption and compliance
election provisions of subparts AA,
BB, and CC. This ensures that Subpart
AA process vents, Subpart BB
equipment, and Subpart CC tanks,
containers, and surface impoundments
are each regulated in accordance with
either the CAA or RCRA.
Subparts AA and CC Exemption
Both subparts AA and CC contain an
exemption for air emission controls
Case Settlement: Tradebe Treatment and
Recycling Northeast, LLC
The judicial settlement entered in February 2019, resolved RCRA
and CAA violations at two TSDFs in Meriden and Bridgeport,
Connecticut.
EPA inspections detected organic air emissions from
hazardous waste management tanks. A subsequent
enforcement action addressed Subpart BB and Subpart CC
inspection and monitoring failures. All RCRA air violations
were corrected. The CAA violations were resolved when
Tradebe obtained area (minor) source air permits so that the
facilities were no longer covered by CAA hazardous air
regulations.
Injunctive relief included over $900,000 of improvements,
including replacement of its current air controls for hazardous
waste tanks with thermal oxidizers and the purchase of new
leak detection equipment for both facilities. The oxidizers are
installed under RCRA air regulations that contain the same
emission limits (95% control) as CAA regulations.
The settlement required Tradebe to pay a $525,000 penalty.
https://www.epa.gov/enforcement/tradebe-treatment-and-
rccvcling-northcast-llc-scttlcmcnt-information-shcct
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under RCRA where the owner/operator certifies that each process vent that would otherwise be subject to
Subpart AA, or that a tank, container, or surface impoundment that would otherwise be subject to Subpart
CC, is equipped with, and operating air emission controls in accordance with an applicable CAA regulation
codified under 40 CFR parts 60, 61, or 63. Both exemption provisions are unit-specific and state that
relevant portions of Subpart AA and Subpart CC do not apply if the owner or operator certifies compliance
with the applicable CAA requirements. See 40 CFR § 264.1030(e) and 40 CFR § 265.1030(d) for Subpart
AA and 40 CFR §§ 264/265.1080(b)(7) for Subpart CC.
To qualify for the air emission control exemption in subparts AA and CC, each subject unit must be
equipped with, and operating air emission controls per an applicable CAA regulation. For example, if the
applicable CAA permit requirement involves "emission averaging" or other approaches that do not require
each unit to have the emission controls, then no air emission control exemption is allowed under RCRA air
regulations. See, e.g., 61 Fed. Reg. 59,938-39 (1996); 62 Fed. Reg. 64,638-39 (1997). This is an important
qualification and a frequent area of misapplication. Also, for tanks for which the air emission control
includes an enclosure as opposed to a cover, the exemption under Subpart CC requires additional
compliance with RCRA enclosure and control requirements. See 40 CFR §§ 264/265.1080(b)(7).
It is important to note that units exempt from Subpart CC under 40 CFR §§ 264/265.1080(b)(7) are still
required to comply with Subpart CC recordkeeping requirements under 40 CFR § 264.1089(j) and
40 CFR § 265.1090(j), and in this respect are not fully exempt from the requirements of Subpart CC.
Documentation of compliance with the applicable CAA standards must be kept with the facility operating
record or readily available. Facilities should expect EPA and state inspectors to ask for and review this
documentation.
Subpart BB Compliance Election
Under Subpart BB, the owner or operator may elect to document compliance with an applicable CAA
regulation codified under 40 CFR parts 60, 61, or 63. See 40 CFR §§ 264/265.1064(m). Facilities should
maintain copies of all records documenting compliance with Subpart BB and anticipate that these
documents may be reviewed as part of RCRA or CAA inspections. The owner or operator must
demonstrate compliance with recordkeeping requirements of either 40 CFR §§ 264/265.1064 or pursuant to
the relevant provisions of 40 CFR parts 60, 61, or 63.
Facilities that are No Longer Major Sources Under the Clean Air Act
On July 26, 2019, the EPA issued its Reclassification of Major Sources as Area Sources Under Section
112 of the Clean Air Act proposed rule, which follows a June 25, 2019 guidance memorandum and a
February 8, 2018 Federal Register notice, all withdrawing the "once in, always in" policy under
section 112. See 84 Fed. Reg. 36,304 (2019). A major source that takes an enforceable limit on its
potential to emit hazardous air pollutants (HAPs) and takes measures to bring its HAP emissions below
major source thresholds (i.e., 10 tons per year (tpy) of any single HAP or 25 tpy of any combination of
HAPs) becomes an area (minor) source. It is important to note that if a facility was previously exempt
from RCRA air requirements through a CAA major source permit but then secures a CAA permit
change to become an area source, the facility should evaluate whether any previously RCRA-exempt
units would now be required to be covered under its RCRA permit. Facilities should work closely with
their permitting authorities to ensure that all units subject to RCRA air regulations are covered by
either their RCRA permit or by their CAA permit.
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Benefits of the EPA's Self-Disclosure Policies
Regulated entities of any size who voluntarily discover, promptly disclose, expeditiously correct, and take
steps to prevent recurrence of potential violations may be eligible for a reduction or elimination of any civil
penalties that otherwise might apply. Most violations can be disclosed and processed via the EPA's
automated online "eDisclosure" system (see https://www.epa.gov/compliance/epas-edisclosure). To learn
more about the EPA's violation disclosure policies, including conditions for eligibility, please review the
EPA's Audit Policy at https://www.epa.gov/compliance/epas-audit-policy and New Owner Audit Policy
at https://www.epa.gov/compliance/epas-interim-approach-applying-audit-policv-new-owners. Many states
also offer incentives for self-policing. Please check with the appropriate state agency for more information.
For more information on the RCRA air regulations, please visit the RCRA Organic Air Emission Standards
for TSDFs and Generators webpage at https://www.epa.gov/hwpermitting/rcra-organic-air-emission-
standards-tsdfs-and-generators and the EPA's NCI webpage at https://www.epa.gov/enforcement/national-
compliance-initiatives.
Disclaimer
This Enforcement Alert addresses select provisions of EPA regulatory requirements using plain language.
Nothing in this Enforcement Alert is meant to replace or revise any EPA regulatory provisions or any other
part of the Code of Federal Regulations, the Federal Register, or RCRA.
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