[Federal Register Volume 59, Number 233 (Tuesday, December 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29693]


[[Page Unknown]]

[Federal Register: December 6, 1994]


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Part IV





Environmental Protection Agency





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40 CFR Part 9 et al.




Hazardous Waste Treatment, Storage, and Disposal Facilities and 
Hazardous Waste Generators; Organic Air Emission Standards for Tanks, 
Surface Impoundments, and Containers; Final Rule
ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9, 60, 260, 262, 264, 265, 270, and 271

[IL-64-2-5807; FRL-5110-8]
RIN 2060-AB94

 
Hazardous Waste Treatment, Storage, and Disposal Facilities and 
Hazardous Waste Generators; Organic Air Emission Standards for Tanks, 
Surface Impoundments, and Containers

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Under the authority of the Resource Conservation and Recovery 
Act (RCRA), as amended, the EPA is promulgating air standards that will 
further reduce organic emissions from hazardous waste management 
activities. The air standards apply to owners and operators of 
hazardous waste treatment, storage, and disposal facilities (TSDF) 
subject to RCRA subtitle C permitting requirements and to certain 
hazardous waste generators accumulating waste on-site in RCRA permit-
exempt tanks and containers. Under these standards, air emission 
controls must be used for tanks, surface impoundments, and containers 
in which hazardous waste is placed on or after June 5, 1995 except 
under certain conditions specified in the rule. Air emission control 
requirements are also added to the RCRA permit terms and provisions 
specified for TSDF miscellaneous units. In addition, this action 
establishes a new EPA reference test method (Method 25E) to determine 
the organic vapor pressure of a waste.

EFFECTIVE DATE: The final rule is effective as of June 5, 1995. The EPA 
has specified in the final rule a schedule that establishes the 
compliance dates by which different requirements of the rule must be 
met. These compliance dates and requirements are explained further 
under SUPPLEMENTARY INFORMATION.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 5, 1995.

ADDRESSES: Background information document. The background information 
document (BID) for the final rule may be obtained from the U.S. EPA 
Library (MD-35), Research Triangle Park, North Carolina 27711, 
telephone (919) 541-2777. Please refer to ``Hazardous Waste Treatment, 
Storage, and Disposal Facilities (TSDF)--Background Information for 
Promulgated Organic Air Emission Standards for Tanks, Surface 
Impoundments, and Containers'', EPA document number EPA-453/R-94-076b.
    This document and the BID are also available on the EPA's Clean-up 
Information Bulletin Board (CLU-IN). To access CLU-IN with a modem of 
up to 28,800 baud, dial (301) 589-8366. First-time users will be asked 
to input some initial registration information. Next, select ``D'' 
(download) from the main menu. Input the file name ``RCRAAIR1.ZIP'' to 
download this notice. Input the file name ``RCRAAIR2.ZIP'' to download 
the BID. Follow the on-line instructions to complete the download. More 
information about the download procedure is located in Bulletin 104; to 
read this type ``B 104'' from the main menu. For additional help with 
these instructions, telephone the CLU-IN help line at (301) 589-8368.
    Docket. The supporting information used for this rulemaking is 
available for public inspection and copying in the RCRA docket. The 
RCRA docket numbers pertaining to this rulemaking are F-91-CESP-FFFFF, 
F-92-CESA-FFFFF, F-94-CESF-FFFFF, and F-94-CE2A-FFFFF. The RCRA docket 
is located at the EPA RCRA Docket Office (5305) in room 2616 of the 
U.S. Environmental Protection Agency, 401 M Street SW, Washington, DC 
20460.

FOR FURTHER INFORMATION CONTACT:
The RCRA Hotline, toll-free at (800) 424-9346. For further information 
on the specific air standards and test method promulgated by this 
action, contact Ms. Michele Aston, Emission Standards Division (MD-13), 
Office of Air Quality Planning and Standards, U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711, 
telephone number (919) 541-2363.

SUPPLEMENTARY INFORMATION: The information presented in this preamble 
is organized as follows:

I. Compliance Dates
II. Summary of Rule Changes Since Proposal
    A. TSDF Tanks, Surface Impoundments, and Containers
    B. TSDF Miscellaneous Units
    C. Generator 90-Day Tanks and Containers
    D. Other RCRA Regulatory Actions
    E. Test Methods
III. Summary of Final Rule Impacts
    IV. Background
    A. Implementation of RCRA Section 3004(n)
    B. Public Participation in Rulemaking
    C. Relationship to Other RCRA Standards
    D. Relationship to CERCLA Standards
    E. Relationship to Clean Air Act Standards
    F. Relationship to Nuclear Regulatory Commission Standards
V. Basis for Final Rule
    A. New Control Options
    B. Control Option Impacts
    C. Selection Rationale
VI. Summary of Responses to Comments on Proposed Rule
    A. Development of Air Standards Under RCRA
    B. Revised Impacts Analysis
    C. Container Air Standards
    D. Generator 90-Day Tanks and Containers
    E. Implementation of RCRA Air Standards
    F. Waste Stabilization in Tanks
VII. Requirements of Final Rule
    A. TSDF Tank, Surface Impoundment, and Container Requirements
    B. TSDF Miscellaneous Unit Requirements
    C. 90-Day Tanks' and Containers' Requirements
    D. Amendments to Subparts AA and BB Standards
VIII. Implementation of Final Rule
    A. Existing Sources
    B. New Sources
    C. State Authority
IX. Test Methods
    A. Method 25D
    B. Method 25E
X. Administrative Requirements
    A. Paperwork Reduction Act
    B. Executive Order 12866 Review
    C. Regulatory Flexibility Act
    D. Docket
XI. Legal Authority

I. Compliance Dates

    The final rule promulgated today establishes additional air 
standards for TSDF owners and operators subject to 40 CFR part 264 or 
40 CFR part 265. In addition, this rule amends the conditions for 
hazardous waste generators accumulating waste on-site in RCRA permit-
exempt tanks and containers pursuant to 40 CFR 262.34(a) to include air 
emission control requirements. All of these rule requirements are 
effective as of June 5, 1995. All hazardous waste placed in the 
affected tanks, surface impoundments, containers, and other affected 
units on and after this date must be managed in accordance with the 
requirements of the final rule. This includes implementing the required 
air emission controls on an affected unit or performing the required 
waste determinations and recordkeeping to indicate that the affected 
unit is exempted from these air emission control requirements. Under 
circumstances when the air emission control equipment required to 
comply with the rule cannot be operational at an existing TSDF by June 
5, 1995, an implementation schedule for installation of the equipment 
must be developed and placed in the facility operating records no later 
than June 5, 1995. In such cases, the facility owner or operator must 
have all air emission controls required by the final rule in operation 
no later than December 8, 1997.
    Today's action amends 40 CFR 270.4 to require that owners and 
operators of TSDF for which a final permit has been issued by the EPA 
prior to June 5, 1995 must comply with the air emission control 
requirements for interim-status TSDF under 40 CFR 265 subparts AA, BB, 
and CC until the facility's permit is reviewed or reissued by the EPA. 
The EPA's rationale for adopting this implementation practice for 
today's rulemaking is explained in section VI.E of this preamble.
    For tanks in which waste stabilization activities (sometimes 
referred to as waste fixation) are performed as of December 6, 1994, be 
the effective date of the final rules will December 6, 1995. As of the 
extended effective date for stabilization tanks, each TSDF owner or 
operator and each hazardous waste generator subject to the final rules 
must either install and operate the specified air emission control 
requirements on all affected tanks used for stabilization, or begin 
performing the specified waste determinations and recordkeeping to 
indicate that a stabilization tank is exempted from these requirements. 
Under circumstances where required air emission control equipment 
cannot be operational on stabilization tanks by December 6, 1995, an 
implementation schedule for installation of the required air emission 
controls must be developed and placed in the facility operating records 
no later than December 6, 1995.
    In such cases, for stabilization tanks, the facility must have all 
air emission controls required by the final rules in operation no later 
than June 8, 1998.

II. Summary of Rule Changes Since Proposal

    The EPA proposed the rule on July 22, 1991 (refer to 56 FR 33491). 
Based on public comments received by the EPA at proposal as well as the 
EPA's evaluation of additional information obtained after proposal, 
certain requirements of the rulemaking have been changed from those 
proposed. The major changes affect provisions establishing the rule 
applicability, the procedures for determining the average volatile 
organic concentration of a waste, and the air emission control 
requirements for containers. In addition, the EPA has made many changes 
to the specific regulatory text to clarify the EPA's intent in the 
application and implementation of the rule requirements. The 
substantive changes to the rulemaking since proposal are summarized 
below. A summary of the requirements of the rule as promulgated is 
presented in section VII of this preamble.

A. TSDF Tanks, Surface Impoundments, and Containers

    A new subpart CC is added by today's action to both 40 CFR parts 
264 and 265. Subpart CC under 40 CFR part 264 applies to owners and 
operators of permitted TSDF while subpart CC under 40 CFR part 265 
applies to owners and operators of interim-status TSDF. All changes 
since proposal to subpart CC in 40 CFR part 264 and to subpart CC in 40 
CFR part 265 are identical with the exception of changes to the rule 
reporting requirements. There are no reporting requirements under 40 
CFR 265 subpart CC for owners and operators of interim-status TSDF. 
Hereafter for convenience in this preamble, the term ``subpart CC 
standards'' is used collectively to refer to both subpart CC in 40 CFR 
part 264 and subpart CC in 40 CFR part 265.
    The compliance time for the subpart CC standards has been revised 
since proposal to allow up to an additional 30 months after June 5, 
1995 to install and begin operation of air emission control equipment 
required by the rule provided that the owner or operator develops and 
places in the facility operating records by this date an implementation 
schedule for installation of the equipment. Compliance dates and 
implementation requirements for the final rule are explained in 
sections I and VIII of this preamble.
1. Applicability
    The applicability of the subpart CC standards has been revised 
since proposal to specifically exempt from the rule certain tanks 
surface impoundments, and containers in which the owner or operator has 
stopped adding hazardous waste. The subpart CC standards do not apply 
to a tank, surface impoundment, or container that meets either of the 
following conditions:
    (1) No hazardous waste is added to the waste management unit on or 
after June 5, 1995 (see generally 55 FR 39409, September 27, 1990); or
    (2) Addition to hazardous waste to the waste management unit is 
stopped and the owner or operator has begun implementing or completed 
closure pursuant to an approved closure plan.
    In addition, the applicability of the subpart CC standards has been 
changed such that the rule is not applicable to any container having a 
design capacity less than 0.1 m\3\ (approximately 26 gallons) 
regardless of the organic content of the hazardous waste handled in the 
container. In response to comments on the proposed rule, the EPA 
reviewed the types of small containers commonly used to accumulate and 
transfer hazardous waste. Considering the small quantity of hazardous 
waste handled in a sample collection vial, safety can, disposal can, 
and other types of small containers and the short periods of time that 
the waste normally remains in one of these containers, the EPA 
concluded that existing rules for containers having a design capacity 
less than 0.1 m\3\ are sufficient to protect human health and the 
environment.
    Finally, the EPA has decided to temporarily defer application of 
the subpart CC standards to tanks, surface impoundments, and containers 
managing hazardous wastes under certain special circumstances. For now, 
the EPA is deferring application of the subpart CC standards to waste 
management units that are used solely to treat or store hazardous 
wastes generated on-site from remedial activities required under RCRA 
corrective action or CERCLA response authorities (or similar State 
remediation authorities). Also, the EPA is deferring application of the 
subpart CC standards to waste management units that are used solely to 
manage radioactive mixed wastes. The EPA's rationale for these 
deferrals is explained in section VIII.A.1 of this preamble.
2. General Standards
    For each tank, surface impoundment, or container to which the 
subpart CC standards apply (referred to here as an ``affected unit''), 
the owner or operator is required to use the air emission controls 
specified in the rule except when the hazardous waste placed in an 
affected unit meets certain conditions. As explained in the following 
paragraphs, the conditions under which an affected unit is exempted 
from the air emission control requirements of the subpart CC standards 
have been revised since proposal.
    a. Waste volatile organic concentration exemption. Under the final 
subpart CC standards, an affected unit is exempt from the air emission 
control requirements of the rule if all hazardous waste placed in the 
unit is determined to have an average volatile organic concentration 
less than 100 parts per million by weight (ppmw) based on the organic 
composition of the hazardous waste at the point of waste origination. 
This waste volatile organic concentration limit incorporates several 
revisions that have been made by the EPA since proposal.
    First, the format for the limit has been changed to be the average 
volatile organic concentration of the hazardous waste on a mass-
weighted basis during normal operating conditions for the source or 
process generating the waste (in contrast to the proposed format of the 
maximum volatile organic concentration for the hazardous waste never to 
be exceeded). Averaging periods up to 1 year in duration are allowed 
for each individual waste stream under the final rule. The procedures 
for determining the average volatile organic concentration of a waste 
are explained further under ``Waste Determination Procedures'' in this 
section and in section VII.A.3 of this preamble.
    Second, determination of the volatile organic concentration of the 
waste under the final rule is based on the organic composition of the 
waste at the ``point of waste origination'' (instead of the ``point of 
waste generation'' as proposed). The ``point of waste origination'' is 
defined in the final rule with respect to the point where the TSDF 
owner or operator first has possession of a hazardous waste. When the 
TSDF owner or operator is the generator of the hazardous waste, the 
``point of waste origination'' means the point where a solid waste 
produced by a system, process, or waste management unit is determined 
to be a hazardous waste as defined in 40 CFR part 261. In this case, 
this term is being used in a similar manner to the use of the term 
``point of generation'' in waste operations air standards established 
under authority of the Clean Air Act in 40 CFR parts 60, 61, and 63 of 
this chapter. When neither the TSDF owner nor operator is the generator 
of the hazardous waste, the ``point of waste origination'' means the 
point where the owner or operator accepts delivery or takes possession 
of the hazardous waste.
    Finally, the EPA revised the impact analysis used for this 
rulemaking after proposal to incorporate additional TSDF industry data. 
An opportunity for public comment on this analysis was provided by the 
EPA (refer to sections III.B and VI.B of this preamble). Based on the 
revised analysis results, the EPA selected a new value for the volatile 
organic concentration limit. Section V.C of this preamble presents the 
rationale for the selection of the control option used as the basis for 
the final rule.
    b. Treated hazardous waste exemption. Under the subpart CC 
standards, each affected tank, surface impoundment, and container that 
manages hazardous waste having an average volatile organic 
concentration equal to or greater than 100 ppmw, as determined by the 
procedures specified in the rule, is required to use air emission 
controls in accordance with the rule requirements. The owner or 
operator must install and operate the specified air emission controls 
on every affected tank, surface impoundment, and container used in the 
waste management sequence from the point of waste origination (as 
applies to the specific hazardous waste stream) through the point where 
the organics in the waste are removed or destroyed by a process in 
accordance with the requirements of the rule. If a particular hazardous 
waste is not treated to meet these requirements, then all affected 
units at the TSDF used in the waste management sequence for this 
hazardous waste are required to use the air emission controls specified 
by the subpart CC standards.
    If the hazardous waste is treated to remove or destroy the organics 
in the waste by a process that meets or exceeds a minimum level of 
performance as specified in the rule, then affected units at the TSDF 
operated downstream of the treatment process in the waste management 
sequence for this hazardous waste are not required to use the air 
emission controls specified by the subpart CC standards. It is 
important to emphasize that tanks, surface impoundments, and containers 
(subject to the rule) in which the treatment process is conducted are 
required to use the applicable air emission controls specified by the 
subpart CC standards with the exception of certain tanks and surface 
impoundments used for active biological treatment of hazardous waste 
and achieving the performance requirements specified in the rule (this 
exception is explained further in section VII.A.4 of this preamble).
    The conditions under which a treated hazardous waste no longer is 
required to be managed in affected units using air emission controls 
under the subpart CC standards have been revised and expanded since 
proposal to include many alternatives from which an owner or operator 
can choose one with which to comply. The final subpart CC standards 
allow an owner or operator to use any type of treatment process that 
can continuously achieve one of the specified sets of performance 
conditions. These conditions have been changed to include:
    (1) The average volatile organic concentration of the hazardous 
waste exiting the process is less than 100 ppmw (except for certain 
site-specific situations where multiple hazardous waste streams are 
treated by a single process in which case a volatile organic 
concentration limit for the waste exiting the process is established by 
the rule procedures at a value lower than 100 ppmw);
    (2) The organic reduction efficiency for a process treating 
multiple hazardous waste streams is equal to or greater than 95 
percent, and the average volatile organic concentration of the 
hazardous waste exiting the treatment process is less than 50 ppmw; or
    (3) The actual organic mass removal rate for the process is greater 
than the required mass removal rate established for the process. The 
alternative treatment process performance requirements specified in the 
final subpart CC standards are discussed further in section VII.A.2 of 
this preamble.
    The proposed explicit exemption for hazardous wastes complying with 
the land disposal restriction (LDR) treatment standards is not included 
in the final subpart CC standards. The EPA concluded that the expanded 
number of alternatives for treated hazardous waste and other provisions 
added to the final rule provide a reasonable regulatory mechanism by 
which a TSDF owner or operator can determine whether a hazardous waste 
complying with the LDR treatment standards is exempted from being 
managed in accordance with the air emission control requirements of the 
subpart CC standards.
3. Waste Determination Procedures
    As already noted, the procedures that a TSDF owner or operator may 
use to determine the volatile organic concentration of a hazardous 
waste have been revised for the final subpart CC standards. For a case 
when direct measurement is chosen for determining the volatile organic 
concentration of a hazardous waste, the proposed statistical 
calculation procedure using Method 25D results is not included in the 
final subpart CC standards. Instead, procedures are specified in the 
final rule to compute the mass-weighted average volatile organic 
concentration of a hazardous waste using Method 25D results for waste 
generated as part of a continuous process and for waste generated as 
part of a batch process. Under circumstances when the same batch 
process is performed repeatedly but not necessarily continuously, the 
final rule allows the owner or operator to determine the average 
volatile organic concentration of the waste from this process by 
averaging results for one or more representative waste batches 
generated by the process. In all cases, a sufficient number of waste 
samples for analysis (with a minimum of four samples) must be collected 
to be representative of the normal range of the operating conditions 
for the source or process generating the hazardous waste. Normal 
operating conditions for the source or process generating the waste 
include cyclic process operations such as startup and shutdown. Process 
malfunctions, maintenance activities, or equipment cleaning are not 
considered to be normal operating conditions for the purpose of 
determining the average volatile organic concentration of a waste. 
These waste determination procedures are discussed further in section 
VII.A.3 of this preamble.
    The proposed explicit requirements for determining the volatile 
organic concentration of a hazardous waste using information in a waste 
certification notice prepared by the waste generator are not included 
in the final rule. Instead, for hazardous waste that is not generated 
by the TSDF owner or operator (i.e., waste shipped to the TSDF from 
off-site sources under different ownership), the final rule allows the 
TSDF owner or operator to determine the waste volatile organic 
concentration by either testing the waste when he or she accepts 
delivery of the hazardous waste or using appropriate information about 
the waste composition that is prepared by the generator of the waste. 
The generator prepared information can be included in manifests, 
shipping papers, or waste certification notices accompanying the waste 
shipment, as agreed upon between the waste generator and the TSDF owner 
or operator.
4. Tank Standards
    Several changes to the tank standards have been made since 
proposal. An exemption from the tank standards has been added for those 
affected tanks used for biological treatment of a hazardous waste in 
accordance with requirements specified in the rule. Changes have been 
made to clarify the regulatory text regarding the tank cover design and 
operating requirements. Also, the conditions have been clarified that 
must be met for a particular tank to use a fixed-roof type cover 
without any additional controls in accordance with the subpart CC 
standards. Finally, provisions have been added to the rule to address 
those special situations in which emergency venting of the tank or the 
air emission controls installed on the tank is necessary for safety.
5. Surface Impoundment Standards
    Changes to the surface impoundments standards have been made to be 
consistent with the changes to the tank standards as applicable.
6. Container Standards
    Several changes have been made to the container standards since 
proposal in addition to limiting the applicability of the subpart CC 
standards to containers having a design capacity equal to or greater 
than 0.1 m\3\. The air emission control requirements for affected 
containers have been revised to provide several air emission control 
alternatives from which an owner or operator may choose one with which 
to comply. For containers having a design capacity less than or equal 
to 0.46 m\3\ (approximately 119 gallons), an owner or operator may 
place the hazardous waste in drums that meet U.S. Department of 
Transportation (DOT) specifications under 49 CFR part 178 without any 
additional testing, inspection, or monitoring requirements. An owner or 
operator is also allowed under the final rule to place the hazardous 
waste in tank trucks and tank railcars that are annually demonstrated 
to be vapor tight using Method 27 in 40 CFR part 60, appendix A without 
any additional testing, inspection, or monitoring requirements.
    The requirements for waste transfer operations for containers have 
been revised under the final subpart CC standards. Submerged-fill of 
hazardous waste that is loaded into containers by pumping is required 
only when transferring the waste into containers having a design 
capacity greater than 0.46 m\3\. Submerged fill of the waste is not 
required when filling smaller size containers such as 55-gallon drums.
    The air emission control requirements for owners and operators 
treating hazardous waste in open containers have been revised. Whenever 
it is necessary for the container to be open during the treatment 
process, the container is required to be located in an enclosure 
connected to a closed-vent system with an operating organic emission 
control device. The final subpart CC standards include specific 
enclosure design and operation requirements which allow the enclosure 
to have permanent openings for worker access.
    Finally, the container standards have been revised to be consistent 
with the safety venting provisions added to the tank and surface 
impoundment standards.
7. Closed-Vent System and Control Device Standards
    The design and operating requirements for closed-vent systems and 
control devices have been changed to be consistent with those 
requirements already applicable to TSDF owners and operators under 
subpart AA in 40 CFR parts 264 and 265. The subpart AA standards have 
been in effect since 1990 and establish RCRA air standards to control 
organic emissions from process vents on certain types of hazardous 
waste treatment units.
8. Inspection and Monitoring Requirements
    The inspection and monitoring requirements under the subpart CC 
standards have been revised since proposal. The requirements for 
inspection and monitoring of closed-vent systems and control devices 
have been changed to be identical to the inspection and monitoring 
requirements under subpart AA in 40 CFR parts 264 and 265. The required 
interval for the visual inspection of covers installed on tanks, 
surface impoundments, and certain containers has been changed to once 
every 6 months. After the initial cover inspection and monitoring for 
detectable organic emissions is completed, the owner or operator is 
only required to inspect and monitor those cover openings that have 
been opened (i.e., have not continuously remained in a closed, sealed 
position) since the last visual inspection and monitoring. Special 
inspection and monitoring provisions have been added for cover fittings 
that are unsafe or difficult, as defined in the rule, for facility 
personnel to inspect and monitor.
    The subpart CC standards have been changed to allow leak repair on 
tank and surface impoundment covers to be delayed beyond 15 calendar 
days if both of the following conditions occur: (1) Repair of the leak 
requires first emptying the contents of the tank or surface 
impoundment; and (2) temporary removal of the tank or surface 
impoundment from service will result in the unscheduled cessation of 
production from the process unit, or operation of the waste management 
unit, that is generating the hazardous waste managed in the tank or 
surface impoundment. Repair of a leak must be performed at the next 
time the process, system, or waste management unit that is generating 
the hazardous waste managed in the tank or surface impoundment stops 
operation for any reason.
9. Recordkeeping Requirements
    The subpart CC standards have been changed to require cover design 
documentation only for floating roof-type tank covers, surface 
impoundment covers, and enclosures used for control of air emissions 
from containers. Also, the recordkeeping requirements have been revised 
as appropriate to address the changes to the final rule described 
previously in this section of the preamble.
10. Reporting Requirements
    The reporting requirements in the subpart CC standards are the same 
as proposed with one exception. The time interval within which TSDF 
owners and operators subject to the subpart CC standards under 40 CFR 
part 264 must report to the Regional Administrator all circumstances 
resulting in noncompliance with the applicable conditions has been 
changed to within 15 calendar days of the time that an owner or 
operator becomes aware of the circumstances.

B. TSDF Miscellaneous Units

    Today's action amends 40 CFR 264.601 by adding to the permit terms 
and provisions required for RCRA permitting of a miscellaneous unit the 
appropriate air emission control requirements in 40 CFR part 264, 
subparts AA, BB, and CC. This amendment is the same as proposed.

C. Generator 90-Day Tanks and Containers

    The conditions with which a hazardous waste generator must comply, 
pursuant to 40 CFR 262.34(a), to exempt tanks and containers 
accumulating hazardous waste on-site for no more than 90 days from the 
RCRA subtitle C permitting requirements are amended by today's action 
to include compliance with the air emission control requirements of 40 
CFR part 265, subparts AA, BB, and CC. This amendment is the same as 
proposed.

D. Other RCRA Regulatory Actions

    The EPA proposed several amendments to existing RCRA air standards. 
One amendment proposed adding requirements for the management of spent 
carbon removed from a carbon adsorption system to the closed-vent 
system and control device standards under 40 CFR part 264, subparts AA 
and BB, and 40 CFR part 265, subparts AA and BB. The final amendment 
has been revised to allow the owner or operator the additional option 
of burning the spent carbon in a boiler or industrial furnace that is 
permitted under subpart H of 40 CFR part 266. A second amendment 
promulgated today updates the leak detection monitoring provisions 
under 40 CFR part 264, subparts AA and BB, and 40 CFR part 265, 
subparts AA and BB for closed-vent systems to be consistent with other 
air standards recently promulgated by the EPA. Under this amendment, 
annual leak detection monitoring is not required for those closed-vent 
system components which continuously operate in vacuum service or those 
closed-vent system joints, seams, or other connections that are 
permanently or semi-permanently sealed (e.g., a welded joint between 
two sections of metal pipe, a bolted and gasketed pipe flange).

E. Test Methods

    As part of this rulemaking, the EPA proposed two new reference test 
methods (Method 25D and Method 25E) to be added to 40 CFR part 60, 
Appendix A. Method 25D is a test method for the determination of the 
volatile organic concentration of waste materials. Since proposal, the 
EPA decided it is also appropriate to use method 25D to implement other 
EPA air standards being developed under authority of the Clean Air Act. 
The promulgation of some of these other air standards prior to today's 
action required the EPA to promulgate Method 25D in a separate 
rulemaking (refer to 59 FR 19402, April 22, 1994). Comments and 
responses relevant to Method 25D for this rulemaking are in the BID for 
the final rule and in the dockets pertaining to this rulemaking.
    Method 25E is being promulgated today. Method 25E is the test 
method for determining the organic vapor pressure of wastes. The 
sampling requirements for Method 25E have been revised since proposal 
to provide for sampling of the waste in a tank.

III. Summary of Final Rule Impacts

    The EPA estimates that implementation of the subpart CC standards 
will reduce nationwide organic emissions from TSDF tanks, surface 
impoundments, and containers by approximately 970,000 Mg/yr. In 
addition, the EPA estimates that nationwide organic emissions from 90-
day tanks and containers will be reduced by approximately 73,000 Mg/yr.
    Control of organic air emissions addresses many air quality 
problems including ambient ozone formation, adverse human health 
effects from inhalation of air toxics, and, to a lesser extent, 
depletion of stratospheric ozone. Ambient ozone concentrations exceed 
the National Ambient Air Quality Standards (NAAQS) in many metropolitan 
areas throughout the United States. Thus, the rule promulgated today 
will contribute to progress in attaining the NAAQS for ozone in 
nonattainment areas and also in preventing significant deterioration of 
the air quality in those areas of the United States currently in 
attainment with the NAAQS for ozone.
    Today's action will also significantly reduce the risk to the 
public of contracting cancer posed by exposure to toxic constituents 
contained in the organic emissions from hazardous waste management 
activities. The cancer risk to the entire exposed population nationwide 
(i.e., annual cancer incidence) from exposure to organic emissions from 
TSDF is estimated by the EPA to be reduced from approximately 48 cases 
per year to a level of 2 cases per year. Annual cancer incidence as a 
result of exposure to organic emissions from 90-day tanks and 
containers is estimated by the EPA to be reduced from approximately 
four cases per year to less than one case per year.
    Maximum individual risk (MIR) is a measure of the added probability 
of a person contracting cancer if exposed continuously over a 70-year 
period to the highest annual average ambient concentration of the air 
toxics emitted from a TSDF site. There are approximately 2,300 TSDF 
locations in the United States. The MIR for all but approximately 20 of 
these facilities is estimated by the EPA to be reduced by 
implementation of the subpart CC standards to a level that is less than 
1  x  10\4\. The target MIR levels historically used by the 
EPA for other promulgated RCRA standards range from 1  x  
10\4\ to 1  x  10\6\. Because the MIR values 
for a few TSDF are estimated to remain higher than the historical RCRA 
target, the EPA is continuing to evaluate the waste management 
practices and the individual chemical compounds composing the organic 
emissions at these TSDF. Following this evaluation, the EPA will 
determine what other actions are necessary to attain the health-based 
goals of RCRA section 3004(n). The omnibus permitting authority in 
section 3005(c)(3) can be invoked to supplement or add to the 
requirements in today's rule, should the rule be determined to be 
insufficient to assure protection of human health and the environment 
at a particular facility.
    The total nationwide capital investment cost to TSDF owners and 
operators to implement the subpart CC standards is estimated by the EPA 
to be approximately $290 million. The total nationwide annual cost for 
these standards is estimated to be approximately $110 million per year. 
The total nationwide capital costs to hazardous waste generators of 
installing the required air emission controls on 90-day tanks and 
containers is estimated by the EPA to be approximately $23 million. 
Total nationwide annual cost for the 90-day tank and container controls 
is estimated to be approximately $7 million.
    The EPA concludes that the rule promulgated today will not have a 
significant economic impact on hazardous waste generators or TSDF 
owners and operators. Prices for commercial hazardous waste management 
services are estimated by the EPA to increase by less than 1 percent on 
a nationwide annualized basis. The quantity of hazardous waste handled 
by commercial hazardous waste management companies is projected to be 
reduced by less than 1 percent on a nationwide annualized basis. Few, 
if any, facility closures are anticipated. Job losses in the hazardous 
waste industry are estimated to be less than 1.5 percent. Furthermore, 
this impact on employment does not reflect positive employment effects 
on industries producing the air emission control equipment that will be 
used to comply with the rule. No significant impacts are expected on 
small businesses.

IV. Background

A. Implementation of RCRA Section 3004(n)

    The Hazardous and Solid Waste Amendments of 1984 added section 
3004(n) to RCRA. Section 3004(n) directs the EPA to promulgate 
regulations for the monitoring and control of air emissions from TSDF 
as may be necessary to protect human health and the environment. The 
EPA completed the first phase of its regulatory development program to 
implement this Congressional directive with the promulgation of RCRA 
air standards that control organic emissions vented from certain 
hazardous waste treatment processes (i.e., distillation, fractionation, 
thin-film evaporation, solvent extraction, steam stripping, and air 
stripping) as well as from leaks in certain ancillary equipment used 
for hazardous waste management processes (55 FR 25454, June 21, 1990). 
Today's action completes the second phase of the EPA's regulatory 
development program with the promulgation of RCRA air standards for 
tanks, surface impoundments, containers, and miscellaneous units 
operated at TSDF. This rulemaking also adds air emission control 
requirements for certain hazardous waste generators accumulating waste 
on-site in RCRA permit-exempt tanks and containers.
    As described at proposal (56 FR 33496, July 22, 1991), the EPA 
decided in both the first and second phases to develop standards that 
control organic emissions as a class (as opposed to constituent-by-
constituent). Implementation of these nationwide standards will achieve 
significant organic emission and cancer risk reductions. However, the 
EPA estimates the cancer risk at a few TSDF after implementation of 
these nationwide standards to remain at a level that is higher than the 
range of target risk levels for other promulgated RCRA standards (refer 
to section V.C of this preamble.) The third phase of this regulatory 
development program is to determine what other actions are necessary to 
attain the health-based goals of RCRA section 3004(n). To make this 
determination, the EPA is evaluating hazardous waste operations at 
those individual TSDF estimated to have MIR values greater than the 
historical RCRA target MIR levels.

B. Public Participation in Rulemaking

    The EPA is promulgating today's final rule after careful 
consideration of public comments on the proposed rule (56 FR 33491, 
July 22, 1991). The preamble to the proposed rule discussed the 
availability of the background information document (BID) pertaining to 
the health effects of organic emissions from hazardous waste TSDF using 
tanks, surface impoundments, and containers. The EPA mailed copies of 
the Federal Register notice and the BID for the proposed rule to 
industry representatives, environmental groups, and State and Federal 
agencies.
    The EPA solicited comments from the public at the time of proposal 
and provided a 90-day comment period, from July 22, 1991 to October 21, 
1991, for the public to prepare and submit written comments on the 
proposed rule. In addition, the EPA provided the opportunity for a 
public hearing to allow interested persons to present oral comments to 
the EPA concerning the proposed rule. However, no one requested that 
the EPA hold a public hearing on the proposed rule. The EPA did receive 
written comments from more than 80 companies, industrial trade 
associations, environmental groups, and State and Federal agencies. The 
BID for the final rule summarizes all of the comments on the proposed 
rule and presents the EPA's response to each of the comments. Section 
VI of this preamble presents responses to selected major comments.
    Following the EPA's review of public comments received on the 
proposed rule, the EPA revised the impact analysis used for its final 
determination regarding today's rulemaking. This analysis used 
additional TSDF industry data obtained by the EPA. The EPA provided an 
opportunity for public comment on the additional TSDF industry data 
used for the impact modeling revisions. A Federal Register Notice of 
Data Availability (57 FR 43171, September 18, 1992) listed these 
additional data. The EPA also made the data available for public 
inspection at the EPA RCRA Docket Office. A 30-day comment period, from 
September 18, 1992 to October 19, 1992, provided the public the 
opportunity to comment on the additional data. The EPA received 
comments on the additional data from one industrial trade association. 
Section VI.B of this preamble presents a summary of these comments.

C. Relationship to Other RCRA Standards

1. RCRA Rules for TSDF Owners and Operators
    Today's action establishes organic air emission control 
requirements for TSDF tanks, surface impoundments, and certain 
containers. Other types of waste management units operated at TSDF may 
be subject to these air emission control requirements as follows.
    a. Miscellaneous units. Under RCRA in 40 CFR 260.10, the EPA 
defines a ``miscellaneous unit'' as a hazardous waste management unit 
where waste is treated, stored, or disposed of that is not a container, 
tank, surface impoundment, wastepile, land treatment unit, landfill, 
incinerator, boiler, industrial furnace, underground injection well 
with appropriate technical standards under 40 CFR part 146, or a unit 
eligible for a research, development, and demonstration permit under 40 
CFR 270.65. The EPA has established provisions under 40 CFR part 264, 
subpart X to allow TSDF owners and operators to obtain permits to 
operate miscellaneous units. The EPA permits miscellaneous units on a 
case-by-case basis with terms and provisions as needed to protect 
public health and the environment through generic performance standards 
specified in 40 CFR 264.601.
    Today's rule amends Sec. 264.601 to state that the air emission 
controls required by the standards under 40 CFR 264 subparts AA, BB, 
and CC are among the ``appropriate'' controls a permit writer may 
require for a miscellaneous unit ``to ensure protection of human health 
and the environment.'' Applicability of today's rule to miscellaneous 
units is discussed further in Section VII.B of this preamble.
    b. Land disposal restrictions. The RCRA LDR treatment standards 
under 40 CFR part 268 require TSDF owners and operators to treat 
hazardous waste to reduce the toxicity or mobility of specific 
constituents in the waste before the TSDF owner or operator can place 
the waste in a land disposal unit. Under certain conditions, the EPA 
may grant a TSDF owner or operator permission to land dispose a 
hazardous waste that does not meet the LDR treatment standards in a 
particular land treatment unit, landfill, wastepile, or surface 
impoundment. This action is referred to as the ``no migration'' 
variance. To obtain a ``no migration'' variance, a TSDF owner or 
operator must demonstrate in a petition to the EPA that, with a 
reasonable degree of certainty, there will be no migration of hazardous 
constituents from the disposal unit for as long as the waste remains 
hazardous.
    On August 11, 1992, the EPA proposed its interpretation of the term 
``no migration'', the procedures and substantive requirements for 
submitting to the EPA a petition to demonstrate ``no migration'' from a 
land disposal unit, and the EPA's criteria for evaluating the petitions 
(57 FR 35940). This proposal includes amending 40 CFR 268.6 to add as a 
condition for receiving a no migration variance that the applicant 
demonstrate that the subject land disposal unit complies with the 
applicable air emission standards the EPA has developed under 40 CFR 
parts 264 and 265.
    c. Corrective action requirements. The EPA is temporarily deferring 
applicability of the subpart CC standards to any tank, surface 
impoundment, or container which is used solely for on-site treatment or 
storage of hazardous waste that is generated as the result of 
implementing remedial activities required under the RCRA corrective 
action authorities of 3004(u), 3004(v) or 3008(h). The EPA's rationale 
for this temporary deferral is explained in section VII.A.1 of this 
preamble.
2. RCRA Rules for Hazardous Waste Generators
    Hazardous waste generators who accumulate waste on-site in 
containers or tanks for short periods of time can elect to be exempted 
from RCRA subtitle C permitting requirements provided that a generator 
complies with provisions specified in 40 CFR 262.34. The EPA allows a 
generator who generates 1,000 kilograms or more of hazardous waste per 
month to accumulate the hazardous waste on-site for up to 90 days in 
tanks and containers without a permit provided the generator complies 
with certain conditions specified in 40 CFR 262.34(a). These conditions 
include compliance with the requirements of 40 CFR part 265, subpart I 
when the waste is accumulated in a container and 40 CFR part 265, 
subpart J when the waste is accumulate in a tank. Tanks and containers 
used to accumulate hazardous waste on-site for 90 days or less pursuant 
to the conditions of 40 CFR 262.34(a) are hereafter referred to in this 
preamble as ``90-day tanks and containers.''
    The rule promulgated today only amends the RCRA permit exemption 
requirements for generators operating 90-day tanks and containers. This 
action does not affect the existing RCRA permit exemption requirements 
for generators operating tanks and containers for on-site accumulation 
of hazardous waste in accordance with the provisions of 40 CFR 262.34 
(d) or (e). Applicability of today's rule to 90-day tanks and 
containers is discussed further in Section VI.D of this preamble.
3. RCRA Rules for Hazardous Waste Transporters
    Regulations in 40 CFR part 263 establish standards that apply to 
persons transporting hazardous waste within the United States if the 
transportation requires a manifest under 40 CFR part 262. Today's 
action does not change the RCRA rules under 40 CFR part 263. However, 
the air standards promulgated today may indirectly affect transporters 
accepting certain organic-containing hazardous wastes from TSDF owners 
and operators. The final subpart CC standards require that TSDF owners 
and operators only load these hazardous wastes into containers 
(including tank truck, railcars, and roll-off boxes) that use air 
emission controls as specified in the rule. Consequently, to continue 
accepting hazardous waste from a TSDF owner or operator, in some cases, 
transporters may need to ensure that their containers meet the subpart 
CC standards.

D. Relationship to CERCLA Standards

    The Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA), authorizes the EPA to undertake removal and 
remedial actions to clean up hazardous substance releases. Under 
CERCLA, on-site remedial actions are required to comply with the 
requirement of Federal and more stringent State environmental laws that 
are applicable or relevant and appropriate (ARAR) to the remedial 
action unless certain statutory waivers apply. In addition, the 
National Oil and Hazardous Substances Contingency Plan (NCP) provides 
that removal actions shall attain ARAR to the extent practicable 
considering the exigencies of the situation. [40 CFR 300.415(i)]. As 
explained in section VII.A.1 of this preamble, the EPA has decided to 
temporarily defer application of the subpart CC standards to tanks, 
containers and surface impoundments which are being used to treat or 
store hazardous wastes containing organics generated on-site from 
remedial activities required under RCRA corrective action or CERCLA 
response authorities, or similar State remediation authorities, 
provided that the wastes are managed in units that do not also manage 
other hazardous waste containing organics. However, after the temporary 
deferral has been lifted, today's rules may be considered an ARAR for 
certain types of remedial and removal actions.
    A requirement under a Federal or State environmental law may be 
either ``applicable'' or ``relevant and appropriate,'' but not both, to 
a remedial or removal action conducted at a CERCLA site. An ARAR is 
identified on a site-specific basis in a two-part analysis that 
considers first, whether a given requirement is applicable; then, if it 
is not applicable, whether it is nevertheless both relevant and 
appropriate. ``Applicable'' requirements as defined in the NCP are 
those that specifically address a hazardous substance, pollutant, 
contaminant, remedial action, location, or other circumstances found at 
a CERCLA site. [40 CFR 300.415(i)]. ``Relevant and appropriate'' 
requirements are those that, while not ``applicable'' at a CERCLA site, 
address problems or situations sufficiently similar to those 
encountered at the CERCLA site that their use is well suited to the 
particular site. [40 CFR 300.415(i)].
    Some waste management activities used for remedial and removal 
actions of hazardous organic substances require the use of tanks, 
surface impoundments, and containers. For example, a TSDF may treat 
hazardous organic liquids and surface water contaminated with hazardous 
organic waste on site using destruction, detoxification, or organic 
removal processes that occur in tanks or surface impoundments. The 
facility may perform on-site solvent washing of soils contaminated with 
hazardous organic sludges in a tank or container. At a TSDF, hazardous 
waste in leaking drums may be repacked in new containers for treatment 
and disposal at another site.
    Once today's deferral is lifted, the air emission control 
requirements of the subpart CC standards are likely to be 
``applicable'' to on-site remedial and removal actions that use tanks, 
surface impoundments, and containers to manage substances exhibiting 
characteristics or listed under RCRA as hazardous waste and having an 
average volatile organic concentration equal to or greater than 100 
ppmw. In other cases, the standards may be ``relevant and 
appropriate''; this determination must be made on a site specific 
basis.
    On the other hand, the subpart CC standards do not specify control 
requirements for wastepiles, landfills, and land treatment units that 
manage hazardous wastes at TSDF. Therefore, the standards are not 
likely to be ``applicable'' to excavation, capping of wastes, land 
treatment, land farming, in situ treatment activities, and other 
activities involving wastepiles and landfills at CERCLA sites. Although 
in most cases the EPA does not expect the subpart CC standards to be 
``relevant and appropriate'' to these types of units at CERCLA sites, 
remedial and removal actions performed in wastepiles may in some cases 
be similar in nature and scale to the waste management activities 
performed in surface impoundments; and waste stabilization may involve 
the basic process and air emission mechanism regardless of whether the 
mixing of the waste and binder is conducted in a tank, surface 
impoundment, container, wastepile, landfill, or land treatment unit. 
Thus, in some cases the subpart CC standards may be ``relevant and 
appropriate'' for such actions; this determination must be made on a 
site specific basis.

E. Relationship to Clean Air Act Standards

    Section 112 of the Clean Air Act (CAA) regulates stationary sources 
of hazardous air pollutants (HAP). This section was comprehensively 
amended under Title III of the 1990 Amendments to the CAA. Under the 
amended CAA section 112(b), Congress listed 189 chemicals, compounds, 
or groups of chemicals as HAP. The EPA is directed by the CAA to 
regulate HAP emissions from stationary sources by establishing national 
emission standards for hazardous air pollutants (NESHAP).
    The 1990 Amendments to the CAA required the EPA to develop and 
publish a list of source categories that emit HAP for which NESHAP will 
be developed. The EPA published its initial list of NESHAP source 
categories on July 16, 1992 (refer to 57 FR 31576). Many industrial 
sectors that may manage hazardous wastes are listed as specific NESHAP 
source categories. Consequently, facilities at which hazardous wastes 
are managed may be subject to both NESHAP and the RCRA air standards 
under 40 CFR part 264 and 265. At these facilities, some waste 
management units would be subject to either air emission control 
requirements under the NESHAP or the air emission control requirements 
under the RCRA air standards. However, in certain situations, some 
waste management units would be subject to air emission control 
requirements under both sets of rules.
    The CAA requires that the requirements of standards developed under 
the Act be consistent, but avoid duplication, with requirements of 
standards developed under RCRA. Consequently, the EPA is taking into 
account the air standards promulgated under RCRA section 3004(n) in 
determining the requirements for NESHAP affecting air emission sources 
at which hazardous waste could be managed.

F. Relationship to Nuclear Regulatory Commission Standards

    Radioactive mixed wastes are wastes that contain radioactive 
materials as well as materials listed or identified as hazardous under 
RCRA. Radioactive mixed wastes must be managed in accordance with RCRA 
regulations, in addition, these wastes also are subject to standards 
administered by the Nuclear Regulatory Commission (NRC) under the 
Atomic Energy Act and Nuclear Waste Policy Act of 1982 that address the 
safe handling and disposal of radioactive waste.
    The EPA has previously stated its general position that the 
management of radioactive mixed waste at TSDF is subject to regulation 
under subtitle C of RCRA (51 FR 24504, July 3, 1986; 53 FR 37045, 
September 23, 1988). In developing the RCRA standards applicable to 
radioactive mixed wastes, the EPA considers the management practices 
required for these wastes to avoid inconsistencies between the EPA's 
hazardous waste management requirements and the NRC's radioactive waste 
management requirements. Furthermore, RCRA section 1006(a) precludes 
any solid or hazardous waste regulation by the EPA or a State that is 
``inconsistent'' with the requirements of the Atomic Energy Act. Thus, 
in a case where the regulatory requirements for radioactive mixed waste 
are conflicting, the NRC requirement takes precedence over the RCRA 
requirement. Because of the potential that air emission control 
equipment required by the subpart CC standards promulgated today may 
conflict with certain radioactive waste management requirements under 
NRC standards, the EPA has decided to temporarily defer application of 
the subpart CC standards to tanks, containers, and surface impoundments 
which are being used solely to manage radioactive mixed wastes. This 
deferral is discussed further in section VII.A.1 of this preamble.

V. Basis for Final Rule

A. New Control Options

    The EPA developed a national impacts model specific to the air 
emission sources affected by this rulemaking to compare the human 
health and environmental protection provided by the different air 
emission control options. Following proposal of the rule, the EPA 
revised this model to incorporate new information obtained by the EPA 
and to address public comments on the impact analysis methodology 
received at proposal. Section VI.B of this preamble presents a further 
discussion of the impact analysis revisions.
    At proposal, the EPA gave notice that consideration of new results 
from revisions to the national impacts analysis could lead to selection 
of any one of the control options considered at proposal or possibly a 
new control option (56 FR 33516). Upon reviewing preliminary results 
for the revised national impacts model, the EPA decided to expand the 
number of control options considered for the final rule.
    The EPA first performed a screening evaluation by using the revised 
national impacts model to estimate the nationwide organic emission and 
cancer incidence reductions for the original five control option 
configurations described at proposal (56 FR 33512), plus nine new 
control option configurations. The EPA included a summary of the 
impacts model results for these 14 control options in the information 
listed in the Notice of Data Availability (57 FR 43171) and made 
available for public inspection at the EPA RCRA Docket Office (refer to 
RCRA docket entry number F-92-CESA-00018).
    The EPA used the screening evaluation results to select a final 
group of control options selected for further analysis. The EPA 
eliminated a control option from further consideration if another one 
of the control options was estimated to provide the same level of 
nationwide organic emission or cancer incidence reduction but at a 
lower cost. This is the same control option selection approach the EPA 
used at proposal.
    Based on the screening evaluation results, the EPA selected four 
control options for further analysis. In addition to the control option 
used as the basis for the proposed rule, the EPA also analyzed 
``baseline'' impacts. These ``baseline'' impacts represent the 
estimated nationwide organic emissions and other impacts that would 
occur in the absence of implementing any of the control options. The 
final group of five control options (designated Options A through E) 
differ by the value used for the volatile organic concentration limit 
and the type of air emission controls used for surface impoundments.
    Option A requires air emission controls on all TSDF tanks, surface 
impoundments, and containers managing hazardous waste with any 
detectable volatile organic concentration as determined at the point 
where the waste is generated (i.e., a volatile organic concentration 
action level of 0 ppmw). Under Option A, tanks use a cover vented to a 
control device except for tanks handling certain hazardous wastes. 
Tanks in which the organic vapor pressure of the hazardous waste in the 
tank is less than 10.4 kPa (approximately 1.5 psi) may use a cover 
without additional controls. All surface impoundments use a cover 
vented to a control device. Containers use cover and submerged fill for 
loading hazardous wastes into the containers.
    Option B requires air emission controls only on those TSDF tanks, 
surface impoundments, and containers used to manage hazardous wastes 
having a volatile organic concentration at the point where the waste is 
generated equal to or greater than 100 ppmw. The control requirements 
are the same as described for Option A with one exception; surface 
impoundments used for storage of hazardous waste and surface 
impoundments used for treatment of hazardous waste by a process not 
requiring aeration or agitation of the waste require covers only.
    Option C requires air emission controls only on those TSDF tanks, 
surface impoundments, and containers used to manage hazardous wastes 
having a volatile organic concentration at the point where the waste is 
generated greater than 500 ppmw. The air emission control requirements 
are the same as described for Option B. Option C is the same control 
option selected as the basis for the proposed rule.
    Option D requires air emission controls only on those TSDF tanks, 
surface impoundments, and containers used to manage hazardous wastes 
having a volatile organic concentration at the point where the waste is 
generated greater than 1,500 ppmw. The air emission control 
requirements are the same as described for Options B and C.
    Option E requires air emission controls only on those TSDF tanks, 
surface impoundments, and containers used to manage hazardous wastes 
having a volatile organic concentration at the point where the waste is 
generated greater than 3,000 ppmw. The air emission control 
requirements are the same as described for Options B, C, and D.

B. Control Option Impacts

    The EPA estimated nationwide organic emission and cancer risk 
reductions that would be achieved if air standards were implemented for 
each of the five control options. The ``baseline'' nationwide organic 
emissions from TSDF are estimated to be approximately 1 million Mg/yr. 
The estimated nationwide TSDF organic emissions assuming implementation 
of the individual control options are 30,000 Mg/yr for Option A, 41,000 
Mg/yr for Option B, 48,000 Mg/yr for Option C, 51,000 Mg/yr for Option 
D, and 90,000 Mg/yr for Option E.
    To assess the risk of contracting cancer posed by exposure to 
organic emissions from TSDF, the EPA used two measures of health risk: 
Annual cancer incidence and maximum individual risk (MIR). The annual 
cancer incidence parameter represents an estimate of population risk 
and, as such, measures the aggregate risk to all people in the United 
States estimated to be living within the vicinity of TSDF. The MIR 
parameter represents the potential of air emissions from a particular 
source to cause cancer in the most exposed hypothetical individual 
under the assumptions used in the risk and exposure assessments.
    Estimation of these health risk parameters requires the EPA to make 
several critical assumptions regarding the TSDF plant configurations 
and operating practices, the composition of wastes managed at these 
TSDF, the cancer potency of the organics contained in these wastes, the 
emission of these organics to the atmosphere from TSDF sources, and the 
exposure of people living near TSDF to these air toxic emissions. The 
complex interrelationship of the various assumptions prevents the EPA 
from definitively characterizing the estimated health risk parameter 
values as being overestimates or underestimates.
    The EPA estimated annual cancer incidence for baseline and the five 
control options using the EPA's Human Exposure Model (HEM), the site-
specific cancer risk factors, and TSDF industry profile data bases. 
This risk value is based on the estimated number of excess cancers 
occurring in the nationwide population after a lifetime exposure 
(defined to be 70 years). For statistical convenience, the EPA divided 
the aggregate risk by 70 and expressed the risk as cancer incidence per 
year. The information provided in RCRA docket entry numbers F-92-CESA-
S00014 and S00015 describes the estimation methodology in more detail. 
The EPA estimates baseline nationwide annual cancer incidence from 
exposure to TSDF organic emissions to be 48 cases per year. The 
estimated nationwide TSDF cancer incidences, assuming implementation of 
the individual control options, are two cases per year for Option A, 
two cases per year for Option B, four cases per year for Option C, five 
cases per year for Option D, and nine cases per year for Option E.
    The EPA uses the MIR parameter for relative comparisons of 
pollutants, emission sources, and control alternatives. For the impact 
analysis, the EPA estimated the MIR parameter assuming that exposure of 
the individual to the ambient air toxic concentrations occurs for 24 
hours per day for a lifetime of 70 years. The EPA realizes that this is 
a conservative assumption since most people do not spend their entire 
lives at one location. However, it is completely possible for an 
individual to live in the same place for his or her entire life. 
Furthermore, other uncertainties in the analysis could lead to 
underestimating the risk. For example, the actual exposed 
subpopulations (such as children or asthmatics) may be more sensitive 
to the emitted air toxics than the reference adult male for which the 
unit risk factor extrapolations are based. In addition, the analysis 
does not address potential indirect exposure pathways to humans, or 
potential harm to environmental receptors.
    The MIR parameter reflects the added probability that a person 
would contract cancer if exposed continuously over a 70-year period to 
the highest annual average ambient concentration of the air toxics 
emitted from a TSDF. Baseline MIR from exposure to TSDF organic 
emissions is estimated to be 3  x  10\2\. The estimated MIR's, assuming 
implementation of the individual control options, are: 4  x  10-3 
for Option A, 4  x  10-3 for Option B, 2  x 10-2 for Option 
C, 3  x  10-2 for Option D, and 3  x  10-2 for Option E. 
These MIR values apply only to the very few TSDF, of the approximately 
2,300 TSDF operating in the United States, that are estimated to have 
the potential to cause the highest risk. The values do not represent 
actuarially measured risks nor do they apply to all TSDF in the United 
States. The EPA is not attempting to estimate any specific individual's 
potential of developing cancer. Finally, the EPA is not interpreting 
any of these estimates as indicators of the absolute risks of 
contracting cancer. Rather, the purpose of this cancer risk assessment, 
both for incidence and MIR, is to compare relative differences among 
the individual control options (i.e., ``degree'' of human health 
protection).
    In addition to estimating organic emissions and cancer risk 
parameters, the national impacts model provides an estimate of the 
total nationwide capital costs and annual costs to the TSDF owners and 
operators to install and operate the air emission controls specified by 
each control option. For these nationwide cost estimates, the EPA 
assumed that, at every TSDF location, treatment of all hazardous wastes 
to remove or destroy the organics in the waste occurs as the last step 
prior to disposal of the waste. In actuality, the EPA expects that, at 
many TSDF, the owner or operator (after becoming aware of the air 
standards) will elect to treat waste at an earlier step in the waste 
management sequence. By treating organics in compliance with one of the 
waste treatment alternatives provided in final rule, the owner or 
operator could avoid the costs of installing and operating control 
equipment on the downstream tanks, surface impoundments, and 
containers.
    Capital investment cost represents the cost to TSDF owners and 
operators to purchase and install the air emission control equipment. 
The estimated nationwide capital costs in 1986 dollars to implement the 
control options are: $520 million for Option A, $290 million for Option 
B, $240 million for Option C, $200 million for Option D, and $140 
million for Option E. Annual cost represents the total cost to TSDF 
owners and operators each year to pay for operating and maintaining the 
air emission controls as well as to repay the capital investment for 
the air emission controls. The capital recovery was estimated using an 
interest rate of 10 percent applied over a period ranging from 10 to 20 
years depending on the expected service life for each type of air 
emission control equipment. The estimated nationwide annual costs to 
implement the control options are: $190 million/yr for Option A, $110 
million/yr for Option B, $90 million/yr for Option C, $80 million/yr 
for Option D, and $60 million/yr for Option E.

C. Selection Rationale

    From Options A through E, the EPA selected one control option to 
serve as the basis for today's final rule. The EPA applied the same 
decision rationale used at proposal for this rulemaking (56 FR 33515-
33516, July 22, 1991) as well as for RCRA air standards promulgated 
under subparts AA and BB to 40 CFR parts 264 and 265 (refer to 55 FR 
25470, June 21, 1990). This decision rationale requires the EPA to 
select, whenever possible, the level of control that provides an 
acceptable degree of protection of human health and the environment. If 
no control option is available to achieve acceptable levels of 
protection, the EPA's approach historically has considered cost under 
RCRA only for equally protective control options.
    All five of the control options considered for the final rule are 
estimated to achieve similar levels of substantial reductions in 
nationwide organic emissions from TSDF. The nationwide organic emission 
reductions for the control options are estimated to be approximately 
970,000 Mg/yr for Option A, 960,000 Mg/yr for Option B, 950,000 Mg/yr 
for Option C, 950,000 Mg/yr for Option D, and 910,000 Mg/yr for Option 
E.
    Both Options A and B are estimated to achieve the lowest cancer MIR 
and greatest reduction in annual cancer incidence of the five options. 
However, none of the control options reduces MIR to the target cancer 
risk levels used for other promulgated RCRA standards, which have been 
in the range of 1 x 10-4 to 1 x 10-6. The estimated MIR is an 
order-of-magnitude higher for Options C, D, and E (2 x 10-2 for 
Option C, 3 x 10-2 for Options C and D) compared to Options A and 
B (4 x 10-3). Annual cancer incidence reductions estimated for 
Option C (44 cases per year), Option D (43 cases per year), and Option 
E (39 cases per year) are lower than the annual cancer incidence 
reductions estimated for Options A and B (46 cases per year).
    On the basis of the estimated annual cancer incidence and MIR, the 
EPA concluded that Options A and B are more protective of human health 
than Options C, D, or E. Therefore, the EPA eliminated Options C, D, 
and E from further consideration as the basis for the final rule.
    Both Options A and B are estimated to achieve the same level of 
cancer risk reduction (MIR to 4  x  103 and annual 
cancer incidence to two cases per year). Therefore, the EPA concluded 
that Options A and B are equally protective of human health and the 
environment (to the extent ascertainable by this modelling 
methodology). Historically under RCRA, the EPA has considered control 
option costs only to select between options estimated to achieve 
equivalent levels of protection. Therefore, to select between Options A 
and B, the EPA compared the estimated costs to implement each of the 
control options. Option B requires the use of air emission controls 
only on those TSDF tanks, surface impoundments, and containers used to 
manage hazardous wastes with a volatile organic concentration at the 
point where the waste is generated equal to or greater than 100 ppmw. 
Because TSDF owners and operators would need to install and operate air 
emission controls on fewer TSDF tanks, surface impoundments, and 
containers, Option B would be less expensive for the TSDF industry to 
implement than Option A. Therefore, the EPA selected Option B as the 
basis for the final rule.
    While Option B does not achieve the target MIR levels historically 
used for other promulgated RCRA rules, Option B does achieve 
substantial reductions in cancer risk. The annual cancer incidence is 
estimated to be reduced by greater than 95 percent from the baseline 
value. Furthermore, the MIR for most of the 2,300 TSDF nationwide are 
estimated to achieve the target MIR levels. To address the remaining 
cancer risk at TSDF after implementation of the air standards 
promulgated today, the EPA is further evaluating the waste management 
practices and the specific chemical compounds composing the organic 
emissions from those individual TSDF for which the MIR values are 
estimated to be greater than the historical RCRA target MIR levels. 
Following this evaluation, the EPA will determine what other actions, 
such as the use of section 3005(c)(3) omnibus permitting authority or 
additional rulemaking, are necessary to attain the health-based goals 
of RCRA section 3004(n).

VI. Summary of Responses to Comments on Proposed Rule

    All of the comments on the proposed rule and the EPA's response to 
each of these comments is presented in ``Hazardous Waste Treatment, 
Storage, and Disposal Facilities (TSDF)--Background Information for 
Promulgated Organic Air Emission Standards for Tanks, Surface 
Impoundments, and Containers'', EPA document number EPA-453/R-94-076b 
(to obtain a copy of this document refer to the ADDRESSES section of 
this preamble). The EPA's responses to topics addressed by many of the 
commenters are summarized below.

A. Development of Air Standards Under RCRA

    Comment: Many comments were received regarding the extent to which 
the congressional directive of RCRA section 3004(n) should be 
implemented using air standards established by the EPA under Clean Air 
Act (CAA) authority. Commenters stated the position that protection of 
human health and the environment from TSDF air emissions is most 
appropriately, effectively, and efficiently addressed by developing air 
standards under the CAA authority. Therefore, commenters believe that 
the EPA should make the determination that the requirements of RCRA 
section 3004(n) are best fulfilled by deferring to air standards 
established under CAA authority. Commenters stated that the air 
standards proposed by the EPA under authority of RCRA section 3004(n) 
are:
    (1) Not needed because existing CAA programs adequately address the 
control of TSDF organic emissions;
    (2) Duplicative or contradictory of new programs now being 
implemented by the EPA to control hazardous air pollutants as directed 
by section 112 of the CAA;
    (3) Not in compliance with RCRA section 1006(b) regarding 
duplication or contradiction of CAA requirements;
    (4) Inconsistent with CAA programs that establish ozone precursor 
control requirements depending on the national ambient air quality 
standards attainment status of the region in which a source is located;
    (5) Inconsistent with the EPA's pollution prevention policy;
    (6) Contrary to the EPA's ``cluster concept'' of examining and 
coordinating regulations addressing the same emission source to 
minimize duplicative or contradictory requirements; and
    (7) Difficult to administer and enforce because, traditionally, one 
State regulatory agency administers rules regulating air emissions 
while another administers rules regulating hazardous waste management.
    Response: The Hazardous and Solid Waste Amendments to RCRA added 
section 3004(n), which directs the EPA to ``* * * promulgate 
regulations for the monitoring and control of air emissions from 
hazardous waste treatment, storage, and disposal facilities, including 
but not limited to open tanks, surface impoundments, and landfills, as 
may be necessary to protect human health and the environment.'' The EPA 
considers the most appropriate, effective, and efficient way to fulfill 
this congressional mandate is to develop air standards for TSDF that 
are implemented under the existing RCRA subtitle C permitting program 
already in place for these facilities. However, the EPA disagrees with 
one commenter's assertion that, in establishing these RCRA air 
standards, the EPA cannot consider the impact of air standards 
promulgated or currently being developed under other statutory 
authorities such as the CAA. On the contrary, RCRA section 1006(b) 
requires the EPA to coordinate its regulations under RCRA statutes and 
to avoid duplication, to the maximum extent practicable, with 
appropriate provisions of the CAA.
    The EPA disagrees that the requirements of RCRA section 3004(n) are 
best fulfilled by deferring to air standards established under CAA 
authority. There is no indication that Congress intended for air 
standards to be issued only within the authority granted to the EPA by 
the CAA. If this was the case, then Congress would not have amended 
RCRA section 3004(n) under HSWA after Congress had already authorized 
the EPA to control air emissions under the CAA. Refer to S. Rep. No. 
284, 98th Cong. 1st sess. 63. Thus, both RCRA and the CAA authorize the 
EPA to control air emissions from TSDF.
    Although historically many standards promulgated by the EPA under 
authority of RCRA have addressed the prevention of soil and water 
contamination from improper management of hazardous waste, the EPA is 
not limited by RCRA to promulgating standards only for certain media 
(e.g., surface waters, groundwater, and soils). Indeed, RCRA section 
3004(n) specifically directs the EPA to issue regulations controlling 
air emissions from TSDF as necessary to protect human health and the 
environment.
    The selection of TSDF air emission sources for control by 
establishing air standards under RCRA section 3004(n) is based on 
controlling those TSDF air emission sources determined by the EPA to 
have significant toxic and ozone precursor emission potential but for 
which emission control is not adequately addressed by other standards 
promulgated by the EPA such as NESHAP and NSPS established under the 
CAA. At proposal, the EPA concluded that additional air emission 
control requirements for TSDF tanks, surface impoundments, and 
containers are needed. This decision was based on the EPA's 
determination that existing and future Federal standards under the CAA 
and State air standards do not adequately address the control of TSDF 
organic air emissions.
    As previous described in section III.E of this preamble, CAA 
section 112 has been amended by Congress since RCRA section 3004(n) was 
enacted. Section 112 of the CAA as amended requires the EPA to identify 
major sources and area sources of HAP emissions and to develop NESHAP 
for these sources. To date for this air standards development program, 
the EPA has either promulgated or proposed several NESHAP that may 
apply to some hazardous waste management activities at TSDF. However, 
in general, these NESHAP added requirements to address HAP emissions 
from certain waste and material recovery operations that are not 
subject to or exempted from regulation under the RCRA air standards in 
40 CFR parts 264 and 265. Thus, the NESHAP and other air standards 
being developed under CAA are not intended to duplicate the RCRA air 
standards, but instead to integrate with the RCRA air standards to 
create a comprehensive air program for addressing organic air emissions 
from all waste and related material recovery operations.
    For example, on-site wastewater treatment operations at synthetic 
organic chemicals manufacturing industry (SOCMI) facilities are 
regulated under the hazardous organic NESHAP (``the HON'') promulgated 
on April 22, 1994 (see 59 FR 19402). At many of these facilities, the 
hazardous wastewaters generated by process units and resulting 
wastewater treatment sludges are managed in tank systems that are 
exempted from RCRA permitting requirements under provisions in 40 CFR 
264.1(g)(6) or 40 CFR 265.1(c)(10). Thus, the air emission control 
requirements under the HON, in most cases, affect wastewater treatment 
tanks not subject to the RCRA air standards.
    A second example is the recently proposed NESHAP for off-site waste 
and recovery operations (59 FR 51913, October 13, 1994). This NESHAP 
would apply to owners and operators of facilities, with certain 
exceptions, that manage wastes or recoverable materials which have been 
generated off-site at another facility and contain specific organic 
HAP. The rule would apply to operations managing solid wastes as 
defined under RCRA (hazardous and nonhazardous wastes) as well as 
operations handling recovered materials excluded from the RCRA 
definition of solid waste (e.g., recycled materials containing organic 
HAP, used oil reprocessed for sale as a fuel). As a result, certain 
off-site waste and recovery operations with organic HAP emissions, but 
exempted from regulation under the RCRA air standards, would be 
required to use air emission controls under this NESHAP.
    In contrast to the NESHAP now being developed under CAA section 
112, the EPA has already achieved progress toward full implementation 
of RCRA section 3004(n), which requires a ``cradle to grave'' approach 
to hazardous waste management that addresses protection of air, water, 
and groundwater. Air standards have been promulgated for TSDF treatment 
process vents (subpart AA in 40 CFR parts 264 and 265) and for TSDF 
process equipment leaks (subpart BB in 40 CFR parts 264 and 265) in 
addition to the development of these air standards for TSDF tanks, 
surface impoundments, and containers. There is no benefit to delaying 
implementation of air standards for TSDF tanks, containers, and surface 
impoundments to a future rulemaking under amended CAA section 112 when 
the EPA can proceed now with the promulgation of effective air 
standards under RCRA section 3004(n) for these air emission sources.
    The RCRA air standards adopted today do comply with RCRA section 
1006(b). This section requires that the air standards be consistent 
with and not duplicative of CAA standards. Although RCRA section 
1006(b) requires some accommodation with existing regulatory standards, 
it ``does not permit the substantive standards of RCRA to be 
compromised.'' Chemical Waste Management v. EPA, 976 F.2d at 23 (D.C. 
Cir. 1992). It is obviously reasonable for the EPA to view the RCRA 
section 3004(n) mandate as a standard which cannot (or at least need 
not) be compromised. Similarly, the CAA Amendments of 1990 require that 
air standards developed under the CAA be consistent with RCRA rules. To 
conform with the dual RCRA and CAA requirements that standards be 
consistent, the air standards developed under RCRA section 3004(n) do 
not duplicate or contradict existing NESHAP or NSPS.
    The EPA is fully aware that at many facilities where hazardous 
wastes are managed, the RCRA air standards under 40 CFR part 264 and 
265 as well as NESHAP and NSPS for specific source categories may be 
applicable to a particular TSDF. Certain testing, monitoring, 
inspection, recordkeeping, and other requirements under the RCRA air 
standards may be similar to or duplicative of requirements under the 
applicable NESHAP or NSPS. In many cases at a TSDF, individual waste 
operations will be subject to either the air emission control 
requirements under the RCRA air standards or the air emission control 
requirements under the applicable NESHAP or NSPS. Thus, it is necessary 
to include testing, monitoring, inspection, recordkeeping, and other 
implementation requirements in each rule to assure compliance with and 
enforcement of the rule. However, in certain situations, some 
individual waste operations at a TSDF could be subject to air emission 
control requirements under both the RCRA air standards as well as a 
NESHAP or NSPS. In such cases, the EPA believes it is unnecessary for 
owners and operators of these waste management units to conduct 
duplicative waste testing, keep duplicate sets of records, or perform 
other duplicative actions to demonstrate compliance with both sets of 
rules. Therefore, to be consistent with RCRA section 1006(b) to the 
maximum extent practicable, the EPA is coordinating the testing, 
recordkeeping, reporting, and other implementation activities required 
under the RCRA air standards and related rules developed under the CAA. 
The EPA has requested public comment in a related proposed NESHAP 
rulemkaing (the off-site waste and recovery operations NESHAP, see 59 
FR 51919, October 13, 1994) on how the applicable requirements included 
in the RCRA air standards should be incorporated into CAA rules being 
developed by the EPA for waste and recovery operations that will allow 
owners and operators subject to both sets of rules to demonstrate 
compliance with all applicable rules without having to repeat the 
duplicative requirements.
    Nevertheless, RCRA section 1006(b) cannot be used to ignore key 
elements of RCRA; see Chemical Waste Management v. EPA, 976 F.2d at 23. 
In this case, Congress has indicated that TSDF air emissions need to be 
controlled on the RCRA timetable, not that of the CAA. Deferring 
totally to the CAA would vitiate this key RCRA requirement. [See also 
RCRA section 3004(q) and CAA section 112(n)(7) in which Congress 
indicated that pendency of CAA air standards for RCRA units does not 
vitiate RCRA requirements.]
    The EPA's approach to developing air standards for TSDF under RCRA 
is consistent with CAA programs to achieve attainment and to maintain 
national ambient air quality standards (NAAQS). The NAAQS specify 
limits to pollutant concentrations in the ambient air to protect public 
health and welfare. A NAAQS has been established for ozone. Ambient 
ozone concentrations in many metropolitan regions of the United States 
exceed the NAAQS. Organic emissions from TSDF as well as other sources 
react photochemically with other chemical compounds in the atmosphere 
to form ozone. The CAA requires that States develop and the EPA approve 
air emission control plans called ``State implementation plans'' 
(SIP's). For those regions within a State that are in nonattainment 
with the NAAQS for ozone, the SIP specifies the standards and other 
control measures to be implemented by the State to attain the NAAQS. 
However, the CAA requires the EPA not only to implement programs to 
attain the NAAQS in nonattainment areas but also to maintain, and 
prevent significant deterioration of, the air quality in those areas of 
the Nation currently in attainment with the NAAQS. Consequently, in 
addition to the CAA control programs to address specific regional NAAQS 
attainment problems, the EPA also develops under the CAA authority 
minimum national emission standards applicable to stationary sources 
independent of whether the source is located in a NAAQS attainment or 
nonattainment area. The EPA considers the subpart CC standards to be 
reasonable national standards needed to control emissions of air toxics 
as well as to attain and maintain NAAQS for ozone.
    The subpart CC standards are consistent with the EPA's pollution 
prevention policy. Pollution prevention involves reducing the quantity 
of pollution produced for a given quantity of product prior to 
recycling, treatment, or control of emissions. Activities defined as 
source reduction measures in the Pollution Prevention Act include 
technology modifications, process and procedure modifications, 
reformulation or redesign of products, and substitution of raw 
materials. A decrease in production alone does not qualify as pollution 
prevention. Under the subpart CC standards, a TSDF owner or operator is 
not required to manage a hazardous waste in a tank, surface 
impoundment, or container using the specified air emission controls in 
cases when the owner or operator determines that the organic content of 
all hazardous waste placed in the unit meets certain conditions 
specified in the rule. Thus, the subpart CC standards encourage 
pollution prevention by providing an incentive to generators to 
initiate source reduction measures that will reduce the concentration 
of organics in a hazardous waste.
    The development of TSDF air standards under RCRA is not contrary to 
the EPA's ``cluster'' approach of examining and coordinating 
regulations addressing the same emission source to minimize duplicative 
or contradictory requirements. The different EPA Offices responsible 
for implementing RCRA and CAA requirements are coordinating the 
development of this rulemaking to ensure that subpart CC standards are 
compatible with other rules and programs applicable to TSDF owners and 
operators.
    The air emission control requirements for tanks under the subpart 
CC standards incorporate provisions of NSPS that were promulgated under 
the authority of the CAA and apply to storage tanks constructed or 
modified after July 23, 1984, that contain volatile organic liquids (40 
CFR part 60, subpart Kb). Therefore, air emission controls already in 
use on a TSDF tank in compliance with 40 CFR part 60, subpart Kb will 
comply with air emission control requirements of the subpart CC 
standards. Also, the subpart CC standards for closed-vent systems and 
control devices cross reference the requirements for closed-vent 
systems and control devices promulgated under subpart AA in 40 CFR 
parts 264 and 265. The subpart AA requirements are consistent with the 
requirements for closed-vent systems and control devices under several 
CAA air standards.
    The implementation of air standards under RCRA does not create 
difficulties in administration and enforcement of the rules by State 
regulatory agencies. Although many existing RCRA standards focus on 
preventing the contamination of soil and water, other existing RCRA 
regulations regulate air emissions from some TSDF sources (e.g., 
combustion of hazardous waste is regulated under 40 CFR part 264, 
subpart O for hazardous waste incinerators and under 40 CFR part 266 
subpart H for boilers and industrial furnaces). Air emissions are also 
sometimes addressed through the EPA's omnibus permitting authority 
under RCRA section 3005(c)(3). States authorized by the EPA administer 
and enforce the requirements of RCRA rules in lieu of the EPA 
administering the rules in that State. The EPA is aware that, in many 
States, one State agency administers air standards while another State 
agency administers rules regulating the management of hazardous waste 
in the State. Similarly, it is common for yet another State agency to 
administer water quality rules. The experience of authorized States 
administrating existing RCRA rules shows that responsibility for 
administrating these rules can be delegated to a separate State agency 
without impeding the administration and enforcement of non-RCRA air and 
water rules by other State agencies.

B. Revised Impacts Analysis

    Comment: The commenter on the Notice of Data Availability (NDA) (57 
FR 43171, September 18, 1992) supports the EPA's use of the updated 
waste data base for the national impacts analysis and the EPA's changes 
to the emission models for biological treatment processes. In addition, 
the commenter agrees with the EPA's conclusion that many surface 
impoundments reported in the waste data base to be managing waste at 
TSDF have been or are being replaced with tanks to comply with the RCRA 
land disposal restriction and other regulations. However, the commenter 
believes that the EPA's assumption that 75 percent of the total waste 
quantity reported in the waste data base to be managed in surface 
impoundments is now managed in tanks is too low. The commenter agrees 
with the EPA's revised approach in the impact analysis of using site-
specific cancer risk factors to estimate cancer risk due to exposure to 
TSDF emissions. However, the commenter states that some of the specific 
assumptions made by the EPA for the risk analysis are implausible 
(e.g., assuming exposure of the individual for 70 years) and the 
analysis should be conducted in accordance with the EPA's own Exposure 
Assessment Guidelines. Finally, the commenter does not believe that any 
MIR estimate is necessary to assess the need for and effectiveness of 
the rule.
    Response: For the national impacts analysis, the EPA believes that 
75 percent is a reasonable assumption for the amount of waste that is 
converted from surface impoundment to tank management. As discussed 
further in the BID for the final rule, the EPA selected the 75 percent 
value based on information obtained by the EPA from a telephone survey 
of owners and operators of large TSDF and from TSDF site visits as well 
as information provided to the EPA by several TSDF owners and operators 
in comments on the proposed rule. The EPA did not find nor receive any 
additional information from the commenter that justifies increasing the 
percentage of waste converted from surface impoundment to tank 
management.
    The cancer risk impact analysis for this rulemaking was conducted 
in accordance with the EPA's Exposure Assessment Guidelines. With 
regard to the 70 year lifetime assumption used in the impact analysis, 
the EPA believes 70 years to be conservative, but plausible. The EPA 
did however conduct a second risk assessment assuming a 33 year 
exposure scenario (95 percentile). Using this assumption reduced risk 
estimates by one-half, but did not change the decision to control these 
facilities, nor the choice of control options. Furthermore, the risk 
assessment conducted here was for the purpose of determining relative 
differences in risk estimates between the control options. For this 
application, the exposure scenario would not matter; the results, i.e., 
the relative differences in risk estimates, would not change.
    The EPA holds that the assumptions used to determine the MIR are, 
as with the 70 year exposure scenario, conservative, but plausible, and 
result in a reasonable overall estimate of risk. In addition, while the 
EPA acknowledges the uncertainties associated with the MIR, such 
uncertainties cancel out when the risk assessment is used to discern 
relative risk, as in this case. Thus the EPA believes that the use of 
the MIR is an appropriate tool to apply in the impact analysis for this 
rulemaking to both estimate risk and to discern differences between 
risk estimates associated with the various control options.

C. Container Air Standards

    Comment: Many commenters disagree with the EPA's decision to 
require air emission controls for containers under the subpart CC 
standards. One group of commenters argues that the organic emission 
potential from TSDF containers does not warrant the application of 
additional controls beyond those already required by existing RCRA 
standards. A second group of commenters contends that TSDF containers 
should not be subject to this rulemaking because the EPA analysis does 
not show organic emissions from TSDF containers to be a significant 
emission source warranting controls.
    Response: The EPA maintains that the management of organic-
containing wastes in containers at TSDF is a potentially significant 
source of organic emissions that is not adequately regulated by 
existing regulations. Control requirements for containers under the 
subpart CC standards are needed to:
    (1) Ensure that containers used for storage of organic-containing 
waste use covers effective for organic emission control;
    (2) Control organic emissions from treatment of organic-containing 
wastes in containers by waste stabilization and other processes; and
    (3) Prevent circumvention of the containment and control strategy 
that serves as a key component of the integrated approach to 
implementing RCRA section 3004(n).
    The EPA disagrees with the commenters' conclusion that existing 
regulations are sufficient to control organic emissions from containers 
used to manage hazardous waste at TSDF. Existing RCRA regulations under 
40 CFR 264.173 require containers used to store hazardous waste at TSDF 
to be closed except when necessary to add or remove waste. This 
requirement for closed containers during storage does not specify 
organic air emission controls for these covers. Furthermore, no RCRA 
requirements exist that address organic emissions associated with other 
container operations such as hazardous waste transfer or treatment in 
open containers.
    The EPA also disagrees with the commenters' conclusion that 
managing hazardous wastes in containers is not a significant potential 
source of organic air emissions. The baseline analysis to estimate 
nationwide TSDF organic emissions by waste management category is not 
the only factor that the EPA considered in assessing the organic 
emission potential of containers. The revised nationwide baseline 
emissions from storage of hazardous waste in TSDF containers is 
estimated to be approximately 5,000 Mg/yr. However, this emission 
estimate for containers does not include organic emissions from 
hazardous waste treatment in containers. As described in the BID for 
the final rule, the EPA estimates the total organic emissions from 
waste fixation operations performed in containers to be approximately 
11,000 Mg/yr. Information obtained by the EPA representatives during 
site visits to TSDF conducting waste fixation operations indicates that 
use of containers for waste fixation continues to be a common industry 
practice. Thus, treatment of hazardous waste in containers is a large 
potential source of organic emissions that is not regulated by the 
existing RCRA regulations.
    The air emission control requirements for the subpart CC standards 
are based on applying a containment and control strategy to TSDF tanks, 
surface impoundments, and containers from generation of the waste 
through treatment of the waste to remove or destroy the organics in the 
waste. Requiring control of only TSDF tanks and surface impoundments 
but not containers creates a significant potential organic emission 
source if large quantities of hazardous waste currently stored or 
treated in tanks required to use air emission controls under subpart CC 
standards are transferred to containers not using air emission 
controls. This would allow organics in the hazardous waste managed in 
uncontrolled containers to escape to the atmosphere prior to treatment 
and, thus, reduce the effectiveness of the containment and control 
approach.

D. Generator 90-Day Tanks and Containers

    Comment: Many commenters disagree with the EPA's decision to apply 
the proposed air standards to 90-day tanks and containers for the 
following reasons:
    (1) The EPA is not authorized under RCRA section 3004(n), or under 
other provision, to extend the air standards to 90-day tanks and 
containers;
    (2) The proposed rule failed to cite authority to extend the 
requirements to 90-day tanks and containers, in violation of section 
553(b)(2) of the Administrative Procedures Act;
    (3) If the EPA imposes air emission controls on generators, this 
must be accomplished pursuant to the pre-HSWA authorization process and 
thus should not become effective in authorized States until enacted and 
implemented as State law; and
    (4) Application of air emission control requirements to 90-day 
tanks and containers impermissibly interferes with manufacturing 
processes.
    Response: The EPA disagrees with each of these comments. The 
provisions of 40 CFR 262.34 (promulgated under the authority of RCRA 
section 2002, 3001-3005, and 3007) allow generators to accumulate 
hazardous waste in tanks and containers for specified time periods 
without obtaining RCRA permits, provided the generator meets certain 
conditions. Amending these conditions is a valid exercise of the EPA's 
authority under RCRA section 3004(n).
    The intent of including the provisions of 40 CFR 262.34 in the RCRA 
requirements for hazardous waste generators is to obtain a reasonable 
balance between the Congress's desire not to interfere with the 
generator's manufacturing or production processes with the need to 
provide adequate protection of human health and the environment (45 FR 
12730, February 26, 1980). Thus, 40 CFR 262.34 does not provide a 
hazardous waste generator with a complete exemption from all RCRA 
requirements. On the contrary, it incorporates most of the relevant 
tank and container requirements under 40 CFR part 265 and requires 
compliance with these standards as a condition for maintaining RCRA 
permit-exempt status [refer to 40 CFR 262.34(a)(1)]. The intent of 
these provisions is not to exclude 90-day tanks and containers from 
future technical TSDF requirements. Therefore, it is wholly appropriate 
for the EPA to update the technical requirements for tanks and 
containers that serve as the basis for the RCRA permit exemption. The 
EPA has already done so, for example, when tank standards were amended 
in 1986.
    Although 90-day tanks and containers are not required to be 
permitted under RCRA subtitle C, the EPA rejects the commenters' narrow 
reading of RCRA section 3004(n) as limiting the EPA's authority to 
extend the requirements to these units. Section 3004(n) of RCRA 
requires the EPA to promulgate standards for the control of air 
emissions from ``hazardous waste treatment, storage, and disposal 
facilities.'' The EPA does not agree that RCRA section 3004(n) reflects 
a congressional intend that the EPA regulate air emissions only from 
permitted and interim-status TSDF and not from 90-day tanks and 
containers. These tanks and containers are physically identical (i.e., 
the same types of tanks and containers are used by generators to 
accumulate and by TSDF owners and operators to store and treat waste). 
There is no environmental basis for not considering them subject to the 
section 3004(n) mandate. Such units are, in fact, storing or treating 
hazardous waste and are subject to numerous standards promulgated under 
the authority of both RCRA sections 3002 and 3004. The exemption of 90-
day tanks and containers from the permitting requirements of RCRA 
subtitle C is regulatory, not statutory; there is no directive in the 
RCRA legislation that precludes the EPA from imposing any or all of the 
TSDF requirements on them. The use of the term ``facility'' in RCRA 
section 3004(n) can certainly be read to encompass 90-day tanks and 
containers, given the EPA's flexibility to construe that term (see 
United Technologies v. EPA, 821 F.2d at 814 (D.C. Cir. 1988) and the 
fact that 90-day tanks and containers are already subject to the 
substantive standards for tanks and containers and pose precisely the 
same potential environmental risks as other tanks and containers 
holding hazardous waste. In addition, the EPA sees to reason that 
Congress intended 90-day tanks and containers to be subject to air 
emission controls at a different time than other tanks and containers 
(which would be the case if the 90-day units are not regulated pursuant 
to a HSWA provision).
    Therefore, it is proper for the EPA to use its authority under RCRA 
section 3004(n) to amend 40 CFR 262.34(a) by adding air emission 
control requirements to the conditions required for a 90-day tank or 
container to be exempted from the RCRA permitting requirements. For 
these reasons, the EPA rejects the commenters' arguments that the 
Agency is not authorized or failed to cite authority to use this 
rulemaking to amend the exemption requirements for 90-day tanks and 
containers. In addition, the EPA rejects the argument that the 
exemption requirements are under the EPA's pre-HSWA authority and, 
therefore, are not applicable in authorized States until the individual 
States are authorized to implement the rule (See 51 FR 25464, July 14, 
1986, where the EPA indicated that the modifications to 40 CFR 262.34, 
to reflect amended tank standards, were HSWA rules).
    As a variation of the argument that 90-day tanks and containers 
should not be regulated, one commenter asserts that RCRA section 
3004(n) reflects a congressional intent that the EPA regulate air 
emissions only from permitted and interim-status TSDF and not from 90-
day tanks and containers. The commenter apparently argues that the 
explicit inclusion of such authority under RCRA section 3004(n) and not 
under RCRA section 3002 implies a congressional finding that waste 
accumulation does not significantly contribute to air pollution. The 
EPA finds no indication, in the legislative history of RCRA, or 
elsewhere, that Congress ever made such a finding, and the EPA's 
conclusion, as discussed later in this section, is that on-site 
accumulation of hazardous waste in 90-day units is a significant source 
of organic air emissions. Again, the EPA finds no indication that 
Congress intended to preclude the EPA from regulating air emissions 
from nonpermitted hazardous waste storage and treatment under RCRA 
section 3004(n).
    In addition to RCRA section 3004(n), the EPA has authority under 
RCRA section 3002 to amend 40 FR 262.34(a). One commenter states that, 
although RCRA section 3002(a)(3) authorizes the EPA to require the use 
of appropriate containers, RCRA section 3002 provides no authority to 
regulate air emissions. The EPA disagrees with this statement. The RCRA 
section 3002(a)(3) authority, as well as the general authority under 
RCRA section 3002 to promulgate such rules regulating generators ``as 
may be necessary to protect human health and the environment,'' is 
broad enough to encompass the regulation of air emissions from units 
storing or treating hazardous waste at generator facilities.
    Finally, the EPA cited both RCRA sections 3002 and 3004 as the 
statutory authority for the proposed rule. Therefore, this rulemaking 
is in full conformance with section 553(b)(2) of the Administrative 
Procedures Act.
    The EPA also rejects the argument that the application of air 
emission controls to 90-day tanks and containers impermissibly 
interferes with manufacturing processes. The EPA concluded in 1980, as 
cited above, that the appropriate balance between protection of the 
environment and noninterference with manufacturing processes was 
achieved by requiring 90-day tanks and containers to comply with 
certain technical requirements as a condition of being exempt from the 
requirement to have a RCRA permit. The EPA estimates that nationwide 
baseline organic emissions from 90-day tanks and containers are 
approximately 76,000 Mg/yr. Given the significant organic emissions 
from 90-day tanks and containers, the same rationale has led the EPA to 
require that these units comply with the appropriate air emission 
control requirements of the subparts AA, BB, and CC standards to 
maintain an exemption from RCRA permitting. In contrast, the EPA 
decided not to extend under this rulemaking the requirements of these 
air standards to containers used for satellite accumulation because of 
the widespread use of these containers by manufacturing process 
operators to collect small quantities of hazardous waste as generated, 
and the integrated use of these containers with the manufacturing 
operations (discussed further in section 7.2 of the BID for today's 
rule). The EPA believes that this regulatory framework maintains the 
appropriate balance between environmental protection and 
noninterference with manufacturing processes.

E. Implementation of RCRA Air Standards

    Comment: A total of 24 commenters addressed the EPA's proposed 
action of modifying the ``permit-as-a-shield'' practice to require that 
owners and operators of TSDF that have been issued final permits prior 
to the effective date of this rulemaking comply with the air standards 
under 40 CFR 265 subparts AA, BB, and CC until the facility's permit is 
reviewed or reissued by the EPA. Four of the commenters support the 
EPA's proposed modification. The other 20 commenters oppose the 
proposed modification and maintain that ``permit-as-a-shield'' practice 
should remain unchanged because any action by the EPA to remove this 
practice:
    (1) Is without the legal authority and that to do so would be 
contrary to congressional intent;
    (2) Violates the due process rights of permittees, which are 
normally protected through the permit process;
    (3) Negates the purpose and importance of the RCRA permit because 
the ``permit-as-a-shield'' practice serves to unify all the regulatory 
requirements in the permit for a TSDF;
    (4) Is contrary to previously stated policy whereby the EPA binds 
itself to the principle of using ``permit-as-a-shield'' (45 FR 33290, 
May 19, 1980); and
    (5) Is disruptive to TSDF owner and operator planning, burdensome 
to comply with, and has an adverse effect on the availability and cost 
of control equipment.
    Response: The practice known as ``permit-as-a-shield'' is derived 
from an exercise of the EPA's regulatory authority and was first 
codified in the 1980 implementing regulations of the RCRA permit 
program (45 FR 33290, May 19, 1980). It is not a provision of RCRA and 
is therefore no part of the statutory mandate by Congress to manage the 
Nation's hazardous wastes. Shell Oil v. EPA, 950 F.2d at 741, 762 (D.C. 
Cir. 1991). Because it is a regulatory and not a statutory provision, 
the EPA can modify the ``permit-as-a-shield'' practice in any situation 
where the Agency determines that the practice does not serve the EPA's 
mandate to protect human health and the environment. For the final 
subpart CC standards, the EPA estimates that baseline nationwide excess 
cancer incidence resulting from exposure to TSDF organic emissions is 
48 cases per year. In addition, total nationwide organic emissions from 
TSDF are estimated to be approximately 1 million Mg/yr and, thus, 
contribute significantly to the formation of atmospheric ozone. These 
health and environmental impacts are very high relative to the impacts 
of emissions from other sources regulated under RCRA and the CAA. 
Accordingly, the EPA has determined that the health and environmental 
impacts resulting from organic air emissions from TSDF are of a 
magnitude to warrant narrowly rescinding the ``permit-as-a-shield'' 
practice for this limited case.
    The ``permit-as-a-shield'' practice is not a consequence of 
Constitutional or statutory obligations of the EPA to any individual 
and its removal does not violate any substantive or procedural due 
process rights of individuals. The ``permit-as-a-shield'' practice was 
established by regulations promulgated by the EPA and therefore can be 
modified when the EPA determines it is necessary to do so for the 
protection of human health and the environment. Numerous government 
regulations have a direct effect on regulated entities, and the EPA's 
``permit-as-a-shield'' practice does not vest the regulated community 
with a right to a variance from all new RCRA regulations. Furthermore, 
the proposal put the public on notice that the EPA was planning to 
modify the ``permit-as-a-shield'' practice in this rule, and the public 
has therefore had an opportunity for meaningful comment on the issue.
    The EPA continues to believe that the permit process and 
requirements are fundamental components of the RCRA program and that, 
by and large, compliance with the permits should constitute compliance 
with the RCRA program. For the other rulemakings for which the EPA 
rescinded the ``permit-as-a-shield'' practice, the EPA determined that 
the risk to human health and the environment was too high to allow the 
practice to continue (for remaining permit periods), and required that 
all TSDF comply with the new requirements regardless of their permit 
status. The EPA has determined that allowing owners and operators of 
permitted TSDF to be shielded from compliance with the regulatory 
requirements of subparts AA, BB, and CC standards will allow 
excessively high risks. Today's action by the EPA does not negate the 
value of the RCRA permit program or the ``permit-as-a-shield'' 
practice. Instead, the EPA is making a distinction between a provision 
that is sufficiently protective in most cases and one that, under 
specific situations, is not sufficiently protective.
    The EPA disagrees with the commenters' claims that the permit 
modification process can adequately accommodate the timely 
implementation of the subpart CC standards. For the EPA to apply the 
subpart CC standards into permits by way of modifications would require 
a significant and unreasonable resource commitment. Furthermore, the 
fact that existing permits can be modified to incorporate new 
regulatory requirements [per 40 CFR 270.41(a)(3), which implements RCRA 
section 3005(c)(3)] shows that ``permit-as-a-shield'' is hardly an 
inviolate principle. The ruelmaking simply accomplishes nationally what 
a modification would accomplish individually. Accordingly, the EPA 
developed the subpart AA, BB, and CC standards to be ``self-
implementing'' so that State and Regional permit writers will not be 
required to reopen and rewrite permits to incorporate the provisions. 
Permitted facilities will be able to comply directly with the 
regulatory standards in the same way that interim-status facilities 
must comply. Modifying ``permit-as-a shield'' for these rules 
eliminates any confusion or ambiguity as to which TSDF is subject to 
the requirements.
    As noted by the commenters, the EPA stated a policy for ``permit-
as-a-shield'' in the so-called consolidated permit regulations issued 
in 1980 (45 FR 33290). However, this does not mean that the policy for 
``permit-as-a-shield'' can never be amended. The EPA has never agreed 
to ``bind'' itself to any particular policy or provision. Instead, the 
EPA may adhere to a general practice or policy with the understanding 
that, if the circumstances warrant and the EPA provides a rational 
explanation, it can modify or rescind a particular provision. It should 
be noted, for example, that Congress has since amended RCRA to require 
that air emissions from TSDF be controlled, and in the same amendments 
provide that the EPA may reopen permits to add conditions reflecting 
new control practices and to redress potential risks posed by the 
facility (RCRA section 3005(c)(3) and S. Rep. No. 284, 98th Cong. 1st 
Sess. at 31). Here, the EPA is determining that there are excessively 
high risks from these facilities, and therefore that these more 
protective provisions should become effective immediately.
    It should also be noted that the EPA does not intend to rescind 
``permit-as-a-shield'' on a regular or frequent basis for other 
rulemakings. As stated earlier, the EPA generally does view ``permit-
as-a-shield'' as a beneficial and legitimate part of the RCRA program 
and that, in most cases, it will apply.
    The EPA believes that the commenters claiming that removing 
``permit-as-a-shield'' will be disruptive to TSDF implementation 
planning are greatly overstating the adverse or disruptive effects that 
an accelerated implementation will have on TSDF owner and operator 
planning and operations because the control technologies for the 
different kinds of management units are varied and widely available. 
The EPA specifically considered the costs and economic impacts of the 
various control options in the regulatory impact analysis for the 
proposed rule (RCRA docket entry number F-91-CESP-S00494). Based on 
this analysis, the EPA found that the costs of installing and operating 
air emission control equipment required by the control options are 
projected to be less than 1 percent of the total cost of hazardous 
waste management at TSDF. Any air emission control equipment supply 
availability constraints resulting from these rules should be short 
term, if at all. Furthermore, TSDF owners and operators required to 
install air emission control equipment to comply with the subpart CC 
standards are allowed up to an additional 30 months after the rule's 
effective date to complete the equipment design and installation if 
they can document that the air emission controls cannot be installed 
and operating by the effective date, for reasons such as the 
unavailability of control equipment.
    Also, the EPA expects that many TSDF owners and operators will 
choose to treat their hazardous waste earlier in the management 
sequence that they now do to reduce the organic content of the waste in 
accordance with one of the treatment requirements allowed for in the 
final subpart CC standards, and thus avoid the cost of installing and 
operating the control equipment on the downstream tanks, surface 
impoundments, and containers. The EPA also encourages the use of 
pollution prevention techniques as a means of reducing the quantity of 
waste generated, the organic concentration of the waste, or the 
toxicity of constituents in the waste.

F. Waste Stabilization in Tanks

    Just prior to the long-scheduled and publicly-known promulgation 
date, representatives from the hazardous waste treatment industry 
notified the EPA of their opinion that the draft requirements for waste 
stabilization operations performed in tanks are economically and 
technically infeasible. These draft requirements are included in a May 
19, 1994 interim review draft of the final rule, made publicly 
available in June 1994. (See RCRA docket entry number F-94-CESP-
S00509.) Moreover, the industry indicated that volatilization of 
organic constituents during stabilization operations are negligible. No 
data were submitted to the EPA in support of these assertions. Industry 
representatives nevertheless feel strongly that for the majority of 
waste streams treated by stabilization, the organic constituents in the 
waste are not volatilized during the stabilization process. 
Additionally, they allege that for these same stabilization operations:
    (1) It is technically infeasible to comply with the air emission 
control requirements for tanks in the subpart CC standards; and
    (2) It is not feasible to treat organic waste prior to 
stabilization such that the volatile organic concentration of the waste 
entering the stabilization process would be below 100 ppmw, and the 
downstream units managing the waste (including the stabilization tanks) 
would thereby be exempt from subpart CC tank control requirements. (See 
RCRA docket number F-94-CESF-FFFFF.)
    These statements contradict the conclusions drawn by the EPA based 
on site visits to observe hazardous waste stabilization processes, and 
experiments and studies conducted by the EPA to characterize waste 
stabilization processes and estimate associated organic emissions. The 
most recent EPA studies were mentioned in the Notice of Data 
Availability (see 57 FR 43171, September 18, 1992) and were made 
available for public review and comment in the docket for this 
rulemaking (see RCRA docket number F-92-CESA-FFFFF). No comments were 
received concerning the validity of these stabilization study 
conclusions.
    At the same time, however, and despite the inappropriate timing of 
industry's comments on this issue (compounded by the industry's failure 
to comment on the information presented by the Notice of Data 
Availability), the EPA has determined that it may be worthwhile to 
review pertinent data for current waste stabilization activities at 
hazardous waste TSDF. Industry has pledged to provide detailed data 
from an emissions test conducted to measure organic emissions from a 
full-scale stabilization operation treating hazardous waste streams. 
The test will be conducted using the EPA approved sampling and 
analytical methods, and the volatile organic concentration of the waste 
streams will be measured using Method 25D, with gas chromatography and 
with mass spectrometry (see RCRA docket number F-94-CESF-FFFFF). The 
EPA will accept until September 6, 1995 all pertinent information and 
comments on the following limited issues: (1) Volatilization of 
organics during waste stabilization activities, (2) feasibility of 
treating organic wastes to destroy or remove organics prior to 
stabilization to immobilize toxic metals, and (3) alternative organic 
emission controls applicable to stabilization tanks. Persons interested 
in submitting comments or data pertaining to these issues should notify 
the EPA of their intent by contacting Ms. Michele Aston at the address 
listed in the FOR FURTHER INFORMATION CONTACT section at the beginning 
of this preamble. Written information and comments regarding the above 
issues should be mailed to the RCRA Docket Office (5305), U.S. 
Environmental Protection Agency, room 2616, 401 M Street SW., 
Washington, DC 20460. Please send an original and two copies of all 
information, and refer to RCRA docket number F-94-CESA-FFFFF.
    The EPA will assess all submitted information, and will make a 
rapid determination whether to amend the requirements under the subpart 
CC standards being promulgated today for tanks in which waste 
stabilization operations are performed. The EPA emphasizes that the 
current record does not support any amendment to these standards. 
However, if the EPA were to amend the requirements for stabilization 
tanks, the amendment could include any of the provisions described 
below, a modification of today's promulgated requirements, or possibly 
other options.
    The EPA may choose to amend the final subpart CC tank standards 
such that stabilization tanks could comply with alternative air 
emission controls to those included in today's promulgation. The EPA 
will determine the appropriateness of such an amendment based on the 
evaluation of:
    (1) Information that is submitted relating to industry's comments 
that it is not feasible to comply with the technical requirements of 
today's final rule or to pretreat waste prior to stabilization;
    (2) Information related to alternative emission controls that could 
be applied to stabilization tanks for effective organic emission 
reduction;
    (3) Data related to the specific characteristics of hazardous waste 
that is stabilized at TSDF;
    (4) Detailed information regarding the stabilization processes 
performed in TSDF tanks; and
    (5) Other related information.
    For a given stabilization tank to qualify for certain compliance 
options, the EPA could require the facility owner or operator to 
demonstrate (through specified testing, monitoring, sampling, or other 
means) that organic constituents are not volatilized during the 
hazardous waste stabilization operations performed in that tank. A 
similar requirement for biological treatment performed in tanks and 
surface impoundments is included in the final subpart CC standards (for 
example see 40 CFR 264.1085(a)(2)) as well as other air standards 
developed by the EPA under the Clean Air Act (e.g., the Hazardous 
Organic NESHAP (59 FR 19402, April 22, 1994) and the proposed Off-Site 
Waste and Recovery Operations NESHAP (59 FR 51919, October 13, 1994)). 
For biological treatment processes, which are generally acknowledged by 
the EPA as appropriate treatment for organic constituents in waste with 
respect to controlling organic emissions, the EPA considers such a 
demonstration to be a reasonable requirement for certain compliance 
options. Therefore, the EPA also could consider it reasonable to 
require that stabilization operations, which the EPA does not consider 
appropriate treatment for organic constituents in waste with respect to 
controlling organic emissions, perform at least an equivalent 
demonstration for certain compliance options. If the EPA were to amend 
today's promulgated subpart CC tank standards to include such a 
demonstration, the required procedure could include any of the 
following, or possibly other procedures: whole waste analyses, full-
scale analyses, specified emissions monitoring, material balance 
calculations, temperature monitoring, and water content information.
    In light of this supplemental comment opportunity, the EPA 
considers it appropriate to extend the effective date of the final 
rules for tanks that could be affected if the EPA chooses to modify the 
standards. Therefore, a separate compliance schedule is applicable to 
tanks in which waste stabilization activities are performed as of 
December 6, 1994. It is important to note that all applicable 
requirements with respect to other units at a facility subject to the 
subpart CC standards will be effective June 5, 1995. For these 
stabilization tanks, the effective date of the final rules will be 
December 6, 1995. As of the extended effective date for stabilization 
tanks, each TSDF owner or operator and each hazardous waste generator 
subject to the final rules must either install and operate the 
specified air emission control requirements on all affected tanks used 
for stabilization, or begin performing the specified waste 
determinations and recordkeeping to indicate that a stabilization tank 
is exempted from these requirements. Under circumstances where required 
air emission control equipment cannot be operational by December 6, 
1995, an implementation schedule for installation of the required air 
emission controls must be developed and placed in the facility 
operating records no later than December 6, 1995. In such cases, the 
facility must have all air emission controls required by the final 
rules in operation no later than June 8, 1998.

VII. Requirements of Final Rule

A. TSDF Tank, Surface Impoundment, and Container Requirements

    Today's action by the EPA promulgates air emission standards for 
TSDF tanks, surface impoundments, and containers as a new subpart CC in 
both 40 CFR parts 264 and 265. Subpart CC under 40 CFR part 265 
establishes standards for owners and operators of interim-status TSDF. 
As discussed in section VIII.A of this preamble, owners and operators 
of permitted TSDF that have been issued final permits prior to June 5, 
1995, are required to comply with subpart CC under 40 CFR part 265 
until the facility's permit is reviewed or reissued by the EPA.
    The air emission control requirements of the final subpart CC 
standards in 40 CFR part 264 and 40 CFR part 265 are identical with the 
exception of the reporting requirements. There are no reporting 
requirements in subpart CC under 40 CFR part 265.
1. Applicability
    a. General applicability. In general, the subpart CC standards 
apply to RCRA-permitted tanks, surface impoundments, and containers 
subject to 40 CFR part 264, subparts J, K, or I, respectively, as well 
as to interim-status TSDF tanks, surface impoundments, and containers 
subject to 40 CFR part 265, subparts J, K, or I, respectively. However, 
certain specific types of TSDF tanks, surface impoundments, and 
containers are not subject to the subpart CC standards under 
applicability provisions in other RCRA regulations as well as 
provisions included specifically in the subpart CC standards.
    The subpart CC standards do not apply to those TSDF tanks, surface 
impoundments, or containers excluded from regulation under 40 CFR 
264.1. For example, TSDF owners and operators are not required to 
obtain a RCRA permit for tanks or tank systems that manage hazardous 
wastewaters or wastewater treatment sludges and are subject to 
regulation under either section 402 or 307(b) of the Clean Water Act 
[refer to 40 CFR 264.1(g)(6) and 40 CFR 265.1(c)(10)]. Because these 
tanks are exempted from RCRA permitting requirements, they are not 
subject to the requirements of 40 CFR parts 264 and 265. Thus, the 
subpart CC standards do not apply to a TSDF tank that is considered to 
be a part of a ``wastewater treatment unit'' as defined in 40 CFR 
260.10. Similarly, the subpart CC standards do not apply to TSDF tanks, 
surface impoundments, or containers when these units are used for 
emergency or spill management activities in accordance with 40 CFR 
264.1(g)(8)(i) or 40 CFR 265.1(c)(11)(i).
    b. Exemptions. The subpart CC standards are only applicable to 
containers with a design capacity greater than or equal to 0.1 m\3\ 
(approximately 26 gallons). This means that any container that has a 
design capacity less than 0.1 m\3\ is not subject to the subpart CC 
standards regardless of the volatile organic concentration of the 
hazardous waste placed in the container.
    The subpart CC standards apply only to TSDF tanks, surface 
impoundments, and containers in which an owner or operator places 
hazardous waste on or after June 5, 1995. With respect to surface 
impoundments, the EPA has already explained that RCRA regulations do 
not apply to impoundments at which there is no active management of 
hazardous waste after the rule's effective date (see 55 FR 39410, 
September 27, 1990). This would include impoundments that cease 
operation before the rule's effective date, and impoundments that 
convert to non-hazardous waste impoundments before the effective date. 
This latter class of impoundments includes those impoundments that 
contain hazardous wastes deposited before the rule's effective date for 
which the impoundment is the final disposal site for hazardous waste 
already in the unit (i.e., the impoundment is a disposal unit) and 
hazardous wastes are not actively managed in the impoundment. Id. The 
principle in today's rule is consistent with this existing 
interpretation.
    The rationale for not applying the subpart CC standards to tanks 
and containers that do not receive hazardous waste after the effective 
date is somewhat different. Under the subpart CC standards, the need to 
apply air emission controls to a particular tank or container is 
determined by the organic content of the hazardous waste at a point 
prior to being placed in the tank or container (this is discussed in 
the following section under ``General Standards''). In many situations 
where existing tanks and containers at a TSDF already hold hazardous 
waste but no longer receive new wastes, a TSDF owner or operator will 
be unable to perform a waste determination as specified in the rule 
because waste samples cannot be collected at the required locations and 
the owner or operator has insufficient knowledge about the waste. 
Furthermore, even if a waste determination can be performed for these 
tanks or containers but the units presently are uncovered or have other 
openings, most if not all of the volatile organics in the waste have 
most likely already been emitted to the atmosphere. Thus, the EPA 
decided that air emission control requirements should only apply to 
those tanks and containers in which hazardous waste is placed on or 
after the effective date of the rule.
    The EPA decided not to apply the subpart CC standards to a tank 
once an owner or operator stops adding hazardous waste to the unit and 
begins closure pursuant to an approved closure plan because in many 
cases, use of the required air emission controls would hinder or 
prevent closure activities from being performed.
    c. Remediation wastes. The EPA has further decided to temporarily 
defer application of the subpart CC standards to tanks, containers, and 
surface impoundments which are being used on-site to treat or store 
hazardous wastes containing organics generated from remedial activities 
required under RCRA corrective action or CERCLA response authorities, 
or similar State remediation authorities, provided that the wastes are 
managed in units that do not also manage other hazardous wastes. This 
deferral applies only to on-site management of such wastes. For 
remediation waste transported off-site, the point of waste origination 
will be the point at which the wastes are physically moved outside the 
facility boundary (or for CERCLA response actions, outside the site 
boundary).
    As the D.C. Circuit recently explained, a temporary deferral such 
as today's is permissible if the Agency legitimately needs further time 
to ascertain the best means of integrating concurrent statutory and 
regulatory schemes to avoid potential interference with the objectives 
of both schemes, and where Congress has not expressly forbidden a 
temporary deferral. Edison Electric Inst. v. EPA, 2 F. 3d 438, 451-53 
(D.C. Cir. 1993). See also RCRA section 1006, requiring the EPA to 
integrate all provisions of RCRA for purposes of administration and 
enforcement, and to avoid duplication to the maximum extent practicable 
in doing so.
    This situation is presented here. Control of air emissions from 
units at remediation sites implicates the overlapping and potentially 
competing concerns of RCRA section 3004(n) and the complex statutory 
provisions under RCRA, CERCLA, and State laws relating to remediation. 
The EPA's primary goal in this rulemaking has been to develop air 
emission standards for tanks, containers, and surface impoundments 
holding as-generated hazardous wastes containing organics. At proposal, 
the EPA thus did not fully consider the issue of whether different 
standards should appropriately apply to wastes that are generated and 
managed as the result of remedial activities, or how the proposed rule 
for air emissions could best be integrated with the remediation 
authorities of RCRA and other Federal or State laws. 56 FR at 33497-98 
(July 22, 1991).
    Commenters on the proposed subpart CC regulations pointed out that 
these were important issues deserving careful attention. The EPA 
agrees. It is possible that certain provisions of the air emission 
requirements promulgated today may be inappropriate or unnecessarily 
restrictive if applied to remediation activities (see 58 FR 8660, 
February 16, 1993).
    The EPA notes that some measure of control of air emissions from 
remediation tanks, containers, and impoundments will be assured during 
the deferral period. Remediation authorities of RCRA and CERCLA and 
similar State authorities allow overseeing officials to impose, on a 
site-specific basis, appropriate air emission controls on these types 
of units, as well as on other waste management units and handling 
operations. In addition, hazardous wastes containing organics that are 
managed off-site (i.e., outside a RCRA facility's boundary, or outside 
a CERCLA site) would be subject to the subpart CC management standards.
    Finally, the EPA emphasizes that the deferral is indeed temporary. 
The issue of appropriate air emission controls for remediation units is 
likely to be addressed in the context of the Hazardous Waste 
Identification Rules which are currently being developed by the EPA. 
The issue is also potentially part of the third phase of the RCRA 
section 3004(n) implementation. In addition, waste remediation sites 
are on the initial list of source categories under CAA section 112, and 
the EPA currently is scheduled to issue technology-based standards to 
control emissions of hazardous air pollutants from this source (see 57 
FR 31576, July 16, 1992). Consequently, the EPA will be addressing this 
issue in the reasonably near future.
    d. Radioactive mixed wastes. As explained in section IV.F of this 
preamble, the management of radioactive mixed waste at TSDF is subject 
to regulation under subtitle C of RCRA. The EPA reviewed the special 
nature of radioactive mixed wastes with respect to the air emission 
control requirements under the final subpart CC standards. In certain 
cases, the air emission controls used as the basis for the subpart CC 
standards are not compatible with the NRC requirements for safe 
handling of radioactive mixed wastes. For example, drums used to store 
radioactive mixed waste cannot be sealed with vapor leak-tight covers 
because of unacceptable pressure buildup of hydrogen gas to levels that 
can potentially cause rupture of the drum or create a potentially 
serious explosion hazard. This generation of hydrogen gas results from 
the radiolytic decomposition of organic materials (e.g., plastics) or 
aqueous solutions stored in the drums. Consequently, a drum used for 
storage of radioactive mixed wastes must be continuously vented through 
special filters in accordance with technical guidance issued by the NRC 
to prevent the hydrogen concentration in the drum from reaching 
dangerous levels. The EPA is planning to further investigate methods 
for effective control of organic emissions from waste management units 
handling radioactive mixed waste that are consistent with the NRC waste 
management practices.
2. General Standards
    The final subpart CC standards require that TSDF owners and 
operators install and operate air emission controls on each tank, 
surface impoundment, and container subject to the rules except when all 
of the hazardous waste placed in the unit is determined to meet certain 
conditions. These conditions are based on properties of the hazardous 
waste determined at either one of two locations:
    (1) The point where a hazardous waste is generated or the point 
where the waste is received by an off-site facility; or
    (2) The point following treatment of a hazardous waste to remove or 
destroy the organics in the waste.
    a. Point of waste origination. Under the final subpart CC 
standards, a TSDF owner or operator is exempted from managing a 
hazardous waste in a tank, surface impoundment, or container in 
accordance with the air emission control requirements of the rule when 
the owner or operator determines that all hazardous waste placed in the 
unit has an average volatile organic concentration at the point of 
waste origination less than 100 ppmw. The point of waste origination is 
defined in the rule with respect to the point where the TSDF owner or 
operator first has possession of a hazardous waste. When the TSDF owner 
or operator is the generator of the hazardous waste, the point of waste 
origination means the point where a solid waste produced by a system, 
process, or waste management unit is determined to be a hazardous waste 
as defined in 40 CFR part 261. As previously stated, the term ``point 
of waste origination'' applied to this situation is being used in a 
similar manner to the use of the term ``point of generation'' in waste 
operations air standards established under authority of the Clean Air 
Act in 40 CFR parts 60, 61, and 63 of this chapter. When neither the 
TSDF owner nor operator is the generator of the hazardous waste, point 
of waste origination means the point where the owner or operator 
accepts delivery or takes possession of the hazardous waste.
    b. Treated Hazardous Waste. If a hazardous waste has an average 
volatile organic concentration equal to or greater than 100 ppmw based 
on the hazardous waste composition at the point of waste origination, 
then this waste is required under the subpart CC standards to be 
managed in accordance with the air emission control requirements of the 
rule. Under these requirements, specific air emission controls must be 
installed and operated on every tank, surface impoundment, and 
container subject to the rule used in the waste management sequence 
from the point of waste origination through the point where the 
organics in the waste are removed or destroyed by a process that meets 
or exceeds a minimum level of performance specified in the rule. In 
other words, once a hazardous waste is treated to remove or destroy the 
organics in the waste in accordance with the rule requirements, the 
subsequent downstream tanks, surface impoundments, and containers used 
to manage this particular hazardous waste are not required to meet the 
air emission control requirements of the subpart CC standards.
    The final subpart CC standards provide TSDF owners and operators 
with several alternative provisions for determining when a treated 
hazardous waste is no longer required to be managed in tanks, surface 
impoundments, and containers meeting the air emission control 
requirements of the rule. Treated hazardous waste provisions are 
specified in the subpart CC standards for the following processes:
    (1) An organic destruction, biological degradation, or organic 
removal process that reduces the organic content of the hazardous waste 
and is designed and operated in accordance with certain conditions 
specified in the rule;
    (2) A hazardous waste incinerator that is designed and operated in 
accordance with the requirements of 40 CFR 264 subpart O or 40 CFR 265 
subpart O; or
    (3) A boiler or industrial furnace that is subject to the 
requirements of 40 CFR part 266 subpart H.
    A process that simply mixes, blends, combines, or aggregates a 
hazardous waste stream with other materials does not destroy the 
organics in the waste stream or remove the organics from the waste 
stream. While diluting a hazardous waste stream having a volatile 
organic concentration greater than 100 ppmw with sufficient quantities 
of other hazardous waste streams having a volatile organic 
concentration less than 100 ppmw (or water or other low organic content 
materials) would reduce the volatile organic concentration of the 
resulting hazardous waste mixture to a level below 100 ppmw, the total 
mass quantity of organics in the waste does not change since no 
organics were removed or destroyed from the waste. The potential for 
organic emissions from handling the waste mixture is essentially the 
same as for the individual hazardous waste streams prior to being 
mixed. Therefore, the EPA does not allow dilution of a hazardous waste 
as a means for complying with the requirements specified in the subpart 
CC standards for placing treated hazardous waste in affected tanks, 
surface impoundments, or containers not using the required air emission 
controls. Consequently, when a hazardous waste is treated by an organic 
destruction or removal process and the hazardous waste has been mixed 
or aggregated together with other hazardous wastes or materials with a 
volatile organic concentration less than 100 ppmw prior to the point of 
waste treatment, the subpart CC standards require that TSDF owners and 
operators meet special requirements to ensure that organics in the 
hazardous waste have actually been removed or destroyed. An owner or 
operator can choose from several alternative provisions to comply with 
these requirements.
    One provision requires that mixed hazardous wastes be treated by an 
organic destruction or removal process that reduces the volatile 
organic concentration of the hazardous waste to meet a site-specific 
treatment process exit concentration limit. This limit is determined by 
the TSDF owner or operator on a case-by-case basis using an equation 
specified in the rule that accounts for the portion of the reduction in 
the volatile organic concentration in the resulting treated hazardous 
waste stream due to dilution. To use this equation, the owner or 
operator must first determine the volatile organic concentration at the 
point of waste origination for each individual hazardous waste stream 
that is mixed together prior to entering the treatment process. As an 
alternative to calculating the exit concentration limit for a treatment 
process, the subpart CC standards allow the owner or operator to treat 
the mixed hazardous wastes to a volatile organic concentration level 
that is less than or equal to the lowest waste volatile organic 
concentration at the point of waste origination for all of the 
individual hazardous waste streams mixed together prior to entering the 
treatment process.
    Another alternative in the subpart CC standards available to owners 
and operators allows mixed hazardous wastes to be treated using a 
single process that achieves an organic reduction efficiency of 95 
percent or greater on a mass basis, and reduces the average volatile 
organic concentration of the resulting hazardous waste stream exiting 
the process to a level less than 50 ppmw. This alternative does not 
require the owner or operator to perform any volatile organic 
concentration waste determinations for the hazardous wastes prior to 
mixing, yet still accommodates the mixing of wastes that have different 
volatile organic concentrations. For a waste stream having a volatile 
organic concentration greater than 2,000 ppmw, requiring only a minimum 
95 percent reduction of the organic content in the waste stream would 
not lower the volatile organic concentration of the treated waste 
stream to the 100 ppmw level of the rule. However, if such a waste 
stream had been mixed together prior to treatment with other waste 
streams having lower volatile organic concentrations, then the volatile 
organic concentration of the treated waste exiting the process could be 
less than 100 ppmw. The EPA does not consider such situations to be 
unlikely, and has therefore chosen for this alternative to require an 
exit concentration for the treated waste lower than 100 ppmw. The EPA 
considers an exit concentration of 50 ppmw, combined with a 95 percent 
treatment efficiency, to be an appropriate demonstration that the 
reduction in volatile organic concentration for a mixture of hazardous 
waste streams has been achieved through destruction or removal of 
organic constituents in the waste, rather than by dilution.
    The final subpart CC standards also provide another alternative 
that does not require the owner or operator to perform any volatile 
organic concentration waste determinations for the hazardous wastes 
prior to mixing when the waste is treated by a biological process that 
destroys or degrades the organics contained in the hazardous waste to 
meet certain performance requirements specified in the rule. These 
conditions are either of the following:
    (1) Achieve an organic reduction efficiency for the biological 
treatment process equal to or greater than 95 percent, and achieve an 
organic biodegradation efficiency for the process equal to or greater 
than 95 percent; or
    (2) Achieve a total actual organic mass biodegradation rate for all 
hazardous waste treated by the process equal to or greater than the 
required organic mass removal rate for the process.
    Compliance with these parameters is determined using the procedures 
specified in rule.
    The EPA may at any time measure or request that the owner or 
operator measure using Method 25D the volatile organic concentration of 
a hazardous waste that is placed in a tank, surface impoundment, or 
container not using air emission controls in accordance with the 
requirements of the subpart CC standards. Measurement results showing 
that the volatile organic concentration of the hazardous waste is equal 
to or greater than 100 ppmw constitutes noncompliance with the subpart 
CC standards. However, in a case where the owner or operator has used 
an averaging period greater than 1 hour for determining the volatile 
organic concentration of a hazardous waste, the Regional Administrator 
may consider information that was used by the owner or operator to 
determine the average volatile organic concentration of the hazardous 
waste (e.g., test results, measurements, calculations, and other 
documentation) together with the results of the waste determination in 
determining whether the owner or operator is in compliance with the 
subpart CC standards.
3. Waste Determination Procedures
    A determination of the volatile organic concentration of a 
hazardous waste is required by the subpart CC standards only when a 
hazardous waste is to be placed in a tank, surface impoundment, or 
container subject to the rule that does not use air emission controls 
in accordance with the requirements of the rule. A TSDF owner or 
operator is not required to determine the volatile organic 
concentration of the waste if it is placed in a tank, surface 
impoundment, or container using the required air emission controls.
    When the hazardous waste is generated as part of a continuous 
process, the owner or operator is required to perform an initial waste 
determination of the average volatile organic concentration of the 
waste stream before the first time any portion of the material in the 
waste stream is placed in a waste management unit subject to the rule, 
and thereafter update the information used for the waste determination 
at least once every 12 months following the date of the initial waste 
determination. When the hazardous waste is generated as part of a batch 
process that is performed repeatedly but not necessarily continuously, 
the owner or operator is required to perform an initial waste 
determination of the average volatile organic concentration for one or 
more representative waste batches generated by the process before the 
first time any portion of the material in the these waste batches is 
placed in a waste management unit subject to the rule, and thereafter 
update the information used for the waste determination at least once 
every 12 months following the date of the initial waste determination. 
For either case, the owner or operator is required to perform a new 
waste determination whenever changes to the process generating the 
hazardous waste are reasonably likely to cause the average volatile 
organic concentration to increase to a level at or above 100 ppmw. If 
an average volatile organic concentration is used, an initial waste 
determination must be performed for each averaging period.
    Waste determinations should be performed for any waste that is 
generated as a part of an unplanned event or is generated as a part of 
an event that is not included in the normal operating conditions for 
the source or process generating the hazardous waste. Examples of an 
unplanned event include malfunctions that affect the operation of the 
process or that alter the composition of the waste or product. Examples 
of events that are not normal operating conditions include maintenance 
activities and equipment cleaning. Normal operating conditions for the 
source or process generating the waste include cyclic process 
operations such as start-up and shutdown.
    For processes that have variations in normal operating conditions 
such that the waste volatile organic concentration may exceed 100 ppmw, 
but for which the average waste volatile organic concentration for the 
averaging period is below 100 ppmw, documentation must be retained in 
the facility operating record that specifies the following information: 
(1) The maximum and minimum waste volatile organic concentration values 
that will occur for that averaging period; (2) the circumstances under 
which a waste volatile organic concentration above 100 ppmw would 
occur, and; (3) the calculations and waste determination procedures 
used as the basis for the determination of the average volatile organic 
concentration. For a given averaging period, if there are no deviations 
from the operating circumstances or from the maximum or minimum waste 
volatile organic concentrations specified in the operating plan, then 
no additional waste determinations would be required after the initial 
waste determination for that averaging period.
    The subpart CC standards include provisions that allow a TSDF owner 
or operator to use either direct measurement or knowledge of the waste 
to determine the volatile organic concentration of a hazardous waste. 
The following paragraphs describe these two options available to the 
owner or operator for performing a waste determination.
    a. Direct measurement. When the hazardous waste is generated on a 
continuous basis, the averaging period to be used for determining the 
volatile organic concentration on a mass-weighted average basis must be 
designated and recorded. This averaging period can represent any time 
interval that the hazardous waste flows until such time that a new 
waste determination must be performed pursuant to the requirements of 
the rule. However, this averaging period cannot exceed 1 year. A 
sufficient number of samples, but no less than four, must be collected 
to represent the complete range of organic compositions and organic 
quantities that occur in the hazardous waste stream during the entire 
averaging period due to normal variations in the operating conditions 
for the source or process generating the hazardous waste.
    When the hazardous waste is generated as part of a batch process 
that is performed repeatedly but not necessarily continuously, samples 
are collected from one or more representative waste batches generated 
by the process. The volatile organic concentration for the waste is 
calculated as a mass-weighted average based on the analysis results for 
all of the waste samples collected for these waste batches. A 
sufficient number of samples, but no less than four, must be collected 
to represent the organic composition for each representative batch.
    Each sample of the hazardous waste is to be collected in accordance 
with the requirements specified in ``Test Methods for Evaluating Solid 
Waste, Physical/Chemical Methods,'' EPA Publication No. SW-846, third 
edition, November 1986, as amended by Update I, November 15, 1992. 
Sufficient information must be recorded to document the waste quantity 
and the operating conditions for the source, process, or waste 
management unit generating the hazardous waste represented by each 
sample collected.
    Each of the collected waste samples is to be prepared and analyzed 
in accordance with the requirements of Method 25D in 40 CFR part 60, 
appendix A. The volatile organic concentration for a hazardous waste on 
a mass-weighted average basis is then calculated by entering the 
analysis results for all of the collected waste samples into an 
equation specified in the rule.
    b. Knowledge of the waste. The final subpart CC standards allow 
TSDF owners or operators to use their knowledge of the waste for waste 
determinations (see Hazardous Waste Treatment Council v. EPA, 886 F.2d 
355, 370-71 (D.C. Cir. 1989) upholding the use of generator knowledge 
to determine if treatment standards are met). Information may be used 
that is prepared by either the facility owner or operator or by the 
generator of the hazardous waste. Examples of information that could 
constitute acceptable knowledge include:
    (1) Organic material balances for the source, process, or waste 
management unit generating the waste;
    (2) Documentation that lists the raw materials or intermediate 
products fed to a process showing that no organics are used in the 
process generating the waste;
    (3) Information that shows the waste is generated by a process that 
is substantially similar to a process at the same or another facility 
that generates a waste that has previously been determined by direct 
measurement to have a volatile organic content less than the action 
level;
    (4) Test data that provide speciation analysis results for the 
waste that are still applicable to the current waste management 
practices and from which the total concentration of organics in the 
waste can be computed; or
    (5) Other knowledge based on manifests, shipping papers, or waste 
certification notices.
    When test data are used as the basis for knowledge of the waste, 
the owner or operator must provide documentation describing the testing 
protocol and the means by which sampling variability and analytical 
variability are accounted for in the determination of the volatile 
organic concentration of the hazardous waste. For example, an owner or 
operator may use individual organic constituent concentration test data 
that are validated in accordance with Method 301 in appendix A to 40 
CFR part 63 as the basis for knowledge of the waste.
4. Tank Standards
    The tank standards establish the requirements for tanks using air 
emission controls to comply with the general standards of the rule. No 
air emission controls are required under the subpart CC standards for a 
tank in which all hazardous waste placed in the unit has been treated 
to remove or destroy organics in accordance with the requirements 
specified in the general standards.
    Also, the tank standards do not apply to a tank in which biological 
degradation of the organics in the hazardous waste treated in the unit 
is demonstrated to achieve specific performance levels. Either of the 
following sets of conditions must be demonstrated to qualify for this 
exemption: (1) The organic reduction efficiency for the process is 
equal to or greater than 95 percent, and the organic biodegradation 
efficiency for the process is equal to or greater than 95 percent; or 
(2) the total actual organic mass biodegradation rate for all hazardous 
waste treated by the process is equal to or greater than the required 
organic mass removal rate. The organic biodegradation efficiency or the 
organic mass biodegradation rate for a biological treatment unit is 
determined by procedures specified in the rule.
    The tank standards specify that the owner or operator install and 
operate on each affected tank one of the following air emission control 
systems: (1) A cover that is connected through a closed-vent system to 
a control device; (2) a fixed-roof type cover with an internal floating 
roof that is designed and operated in accordance with the requirements 
equivalent to the new source performance standard (NSPS) for volatile 
organic liquid (VOL) storage; (3) an external floating roof that is 
designed and operated in accordance with the requirements equivalent to 
the VOL storage NSPS; or (4) a pressure tank that is designed to 
operate as a closed system. Under the subpart CC standards, an owner or 
operator is allowed to use a fixed-roof type cover (without any 
additional controls) for affected tanks under certain conditions.
    Four conditions must be met for a particular tank before use of a 
fixed-roof type cover (without any additional controls) is allowed 
under the subpart CC standards. First, the hazardous waste cannot be 
mixed, stirred, agitated, or circulated within the tank by a process 
that results in splashing, frothing, or visible turbulent flow on the 
waste surface except during limited circumstances. Second, the 
hazardous waste in the tank cannot be heated by the owner or operator 
except when necessary to prevent the waste from freezing or to maintain 
adequate waste flow conditions for continuous normal process 
operations. Third, the hazardous waste cannot be treated using a waste 
stabilization process or a process that produces an exothermic 
reaction. Finally, the maximum organic vapor pressure of the hazardous 
waste in the tank must be less than the limit established in the rule 
by tank design capacity. For a tank having a design capacity equal to 
or greater than 151 m\3\ (approximately 40,000 gallons), then the 
maximum organic vapor pressure of the hazardous waste in the tank must 
be less than 5.2 kPA. For a tank having a design capacity equal to or 
greater than 75 m\3\ (approximately 20,000 gallons) but less than 151 
m\3\, then the maximum organic vapor pressure of the waste in the tank 
must be less than 27.6 kPa. For a smaller tank (design capacity less 
than 75 m\3\), the maximum organic vapor pressure must be less than 
76.6 kPa.
    The subpart CC standards require each cover opening not vented to a 
control device to be maintained in a closed, sealed position except at 
those times when a specific opening must be used to add, remove, 
inspect, or sample the waste in the tank or when it is necessary to use 
the opening to inspect, maintain, or repair equipment located inside 
the tank. Also, safety devices that vent directly to the atmosphere may 
be used on the tank, cover, closed-vent system, or control device 
provided that the safety device is not used for planned or routine 
venting of organic vapors. These safety devices are to remain in a 
closed position except when an unplanned event requires that the device 
be open for the purpose of preventing physical damage or permanent 
deformation of the tank, cover, closed-vent system, or control device 
in accordance with good engineering and safety practices for handling 
flammable, combustible, explosive, or other hazardous materials. An 
example of an unplanned event is a sudden power outage.
5. Surface Impoundment Standards
    The surface impoundment standards establish the requirements for 
surface impoundments using air emission controls to comply with the 
general standards of the rule. No air emission controls are required 
under the subpart CC standards for a surface impoundment in which all 
hazardous waste placed in the unit has been treated to remove or 
destroy organics in accordance with the requirements specified in the 
general standards. Also, air emission controls are not required for a 
surface impoundment in which biological treatment of a hazardous waste 
is performed under the same conditions specified in the rule for tanks.
    The surface impoundment standards specify that the owner or 
operator install and operate on each affected surface impoundment a 
cover (e.g., air-supported structure) that is connected through a 
closed-vent system to a control device. Under the subpart CC standards, 
an owner or operator is allowed to use a floating membrane cover 
(without any additional controls) for affected surface impoundments 
under certain conditions specified in the rule.
    The requirements under the subpart CC standards for surface 
impoundment air emission control equipment are consistent with the 
requirements for tanks.
6. Container Standards
    The container standards establish the requirements for affected 
containers (containers with a design capacity greater than or equal to 
0.1 m\3\) using air emission controls to comply with the general 
standards of the rule. No air emission controls are required by the 
subpart CC standards for any container with a design capacity less than 
0.1 m\3\ regardless of the volatile organic concentration of the 
hazardous waste placed in the container.
    For affected containers used for storage, treatment, or handling of 
hazardous waste, the owner or operator is required to use either: (1) A 
container that is equipped with a vapor leak-tight cover; (2) a 
container having a design capacity less than or equal to 0.46 m\3\ 
(approximately 119 gallons) that is equipped with a cover and complies 
with all applicable U.S. Department of Transportation (DOT) regulations 
on packaging hazardous waste for transport under 49 CFR part 178; or 
(3) a container that is attached to or forms a part of any truck, 
trailer, or railcar and that has been demonstrated within the preceding 
12 months to be organic vapor tight in accordance with the procedure 
specified in Method 27. For a container in which treatment of hazardous 
waste is performed, the owner or operator is required to place the 
container inside an enclosure that is connected through a closed-vent 
system to a control device at all times that the container is 
completely or partially uncovered during the treatment operation. 
Transfer of hazardous waste by pumping into a container having a design 
capacity greater than 0.46 m\3\ is required to be performed using 
submerged fill loading.
    The requirement for use of leak-tight covers on containers is 
established by testing the cover for no detectable organic emissions as 
determined using Method 21 in 40 CFR part 60, appendix A. The test is 
performed when all openings in the cover (e.g., lids, bungs, hatches, 
and sampling ports) are secured in a closed, sealed position. Under 
certain circumstances, the EPA has determined that a cover other than a 
rigid, gasketed cover can be used on a container that will meet the 
requirement for no detectable organic emissions. For example, the EPA 
has concluded that use of a tarpaulin with a vapor-suppressing foam is 
an acceptable cover for roll-off boxes used for short-term storage 
(e.g., less than 30 days) of bulk solid materials (refer to RCRA docket 
entry number F-94-CESP-S00507 for specific conditions under which this 
type of cover is acceptable).
    As an alternative to using covers tested for no detectable organic 
emissions on drums and other containers with a design capacity less 
than or equal to 0.46 m\3\, the subpart CC standards allow an owner or 
operator to place the hazardous waste in drums meeting the DOT 
specifications and testing requirements under 49 CFR part 178. When a 
container meeting these DOT regulations is used, no leak detection 
monitoring nor recordkeeping for the container is required by the 
subpart CC standards. It is important to note that none of the 
exceptions to the 49 CFR part 178 regulations other than the exception 
for lab packs used for combination packagings as specified in 49 CFR 
173.12(b) apply to a container for the purpose of complying with the 
subpart CC standards.
    The subpart CC container standards allow use of a tank truck or 
tank railcar that has been tested for organic vapor tightness within 
the preceding 12 months in accordance with the requirements of Method 
27. This method is a pressure test procedure originally developed by 
the EPA for determining the vapor-leak tightness of a tank truck into 
which gasoline is placed. The EPA considers Method 27 also appropriate 
for determining vapor-leak tightness of tank trucks and railcars into 
which hazardous wastes containing volatile organics are placed. No 
Method 21 leak monitoring or recordkeeping is required for tank trucks 
or tank railcars complying with this provision of the rule.
    When it is necessary for a container to be open during certain 
treatment processes, the subpart CC standards require the container to 
be located in an enclosure connected to a closed-vent system with 
control device. The enclosure must be designed to operate with 
sufficient airflow into the structure to capture all organic vapors 
vented from the container and route the vapors through the closed-vent 
system to the control device. The enclosure may have permanent or 
temporary openings to allow worker access, passage of containers 
through the enclosure by conveyor or other mechanical means, entry of 
permanent mechanical or electrical equipment, or to direct airflow into 
the enclosure. Whenever an open container is placed inside the 
enclosure, the pressure drop across each opening in the enclosure is to 
be maintained at a pressure below atmospheric pressure such that no 
organic vapors released from the container can exit the enclosure 
through the opening.
    Finally, the container standards include the same unit and control 
equipment safety venting provisions allowed under the subpart CC 
standards for tanks and surface impoundments.
7. Closed-Vent System and Control Device Requirements
    The design and operating requirements under the final subpart CC 
standards for a closed-vent system with control device are the same as 
those already applicable to TSDF owners and operators under subpart AA 
in 40 CFR parts 264 and 265 with one exception. The subpart CC 
standards require that each control device achieve at least a 95 
percent reduction in the total organic content of the vapor stream 
vented to the device or, in the case of an enclosed combustion device, 
a reduction of the total organic content of the vapor stream to a level 
less than or equal to 20 ppmw on a dry basis corrected to 3 percent 
oxygen.
    The standards do not require the use of any specific type of 
equipment or add-on control device. The standards allow the owner or 
operator the flexibility of choosing the control device best suited for 
a control application based on the characteristics of the particular 
organic vapor stream. Furthermore, the subpart CC standards do not 
require that each tank, surface impoundment, and container be vented to 
a separate control device dedicated to that particular unit. Vent 
streams from several units can be combined and discharged to a single 
control device that achieves the required level of performance.
8. Inspection and Monitoring
    The subpart CC standards provide exemptions from inspection and 
monitoring for specific circumstances defined in the rule. In the case 
of an underground tank, only those portions of the tank cover and those 
connections to the tank cover or tank body (e.g., fill ports, access 
hatches, gauge wells, etc.) that extend to or above the ground surface 
and can be opened to the atmosphere must be inspected and monitored. 
Leak monitoring using Method 21 in 40 CFR part 60, appendix A, is not 
required for the following: (1) Drums that meet applicable DOT 
regulations specified in the rule; (2) tank trucks and tank railcars 
that are annually demonstrated to be vapor-tight by Method 27 in 40 CFR 
part 60, appendix A; and (3) closed-vent systems and control devices 
operated in vacuum service (i.e., equipment that is operated at an 
internal pressure that is at least 5 kPa below ambient pressure) or 
closed-vent system connections that are permanently or semi-permanently 
sealed (e.g., a welded joint between two sections of metal pipe or a 
bolted and gasketed pipe flange). Also, semiannual leak monitoring is 
not required for a cover opening that has continuously remained in the 
closed, sealed position for the entire period since the cover opening 
was last monitored.
    To ensure that emission control equipment is properly operated and 
maintained, the subpart CC standards require the TSDF owner or operator 
to visually inspect certain emission control equipment items 
semiannually. For example, emission control equipment covers on tanks 
are to be checked semiannually by facility employees to ensure that 
equipment is being used properly (e.g., covers are closed and latched 
except when an opening must be used to add, remove, inspect, or sample 
the waste in the tank or to inspect, maintain, replace, or repair 
equipment located inside the tank or to vent gases or vapors from the 
tank) and the equipment is being maintained in good condition (e.g., no 
visible holes, gaps, tears, or splits have developed in covers).
    Continuous monitoring of control device operation is required under 
the subpart CC standards. This involves the use of automated 
instrumentation to measure critical operating parameters that indicate 
whether the control device is operating correctly or is malfunctioning. 
Semiannual leak detection monitoring using Method 21 under 40 CFR part 
60, appendix A, is required for certain cover components to ensure 
gaskets and seals are in good condition and for closed-vent systems to 
ensure all fittings remain leak-tight. In addition, with the previously 
noted exception of permanently or semi-permanently sealed connections, 
each closed-vent system must be monitored for leaks using Method 21 at 
least once per year.
    Special inspection and monitoring provisions are included in the 
final subpart CC standards for cover fittings that are unsafe or 
difficult for facility personnel to inspect and monitor. A TSDF owner 
or operator may designate a cover fitting as ``unsafe to inspect and 
monitor'' if a worker would be exposed to dangerous, hazardous, or 
other unsafe conditions when performing the inspection or monitoring. A 
cover fitting that is designated as unsafe must be inspected and 
monitored as frequently as practicable during those times when it is 
safe to inspect and monitor the fitting. Similarly, a cover may be 
designated as ``difficult to inspect and monitor'' if in so doing a 
worker would be elevated to a height more than 2 meters above a support 
surface and the cover was installed before June 5, 1995. A cover 
fitting that is designated as difficult must be monitored and inspected 
at least once per calendar year.
    The subpart CC standards require that the TSDF owner or operator 
repair a cover fitting found to be leaking within 15 days of detection. 
Repair of control equipment on a tank or surface impoundment may be 
delayed beyond 15 calendar days under certain circumstances. To delay 
repair, the owner or operator must document that the repair cannot be 
completed without emptying the contents of the unit and also that 
removing the unit from service would result in the unscheduled 
cessation of production from the process unit or operation of the waste 
management unit that is generating the hazardous waste. Repair of this 
control equipment must be completed the next time the process unit or 
waste management unit that is generating the hazardous waste managed in 
the tank or surface impoundment is shut down.
9. Recordkeeping Requirements
    The final subpart CC standards require the TSDF owner or operator 
to record certain information in the on-site facility operating logs or 
files. This information is to be readily available for review by 
authorized representatives of the EPA. Consistent with 40 CFR 264.73 
and 40 CFR 265.73, the rule requires that air emission control 
equipment design records and certain other records be maintained in the 
facility operating record until facility closure. Records and results 
of waste determinations, inspections, and monitoring are required to be 
kept for at least 3 years from the date of entry.
    The information to be collected and recorded includes: the results 
of all waste determinations such as of volatile organic concentration 
at the point of waste origination and organic vapor pressure; design 
specifications for closed-vent systems and control devices and certain 
control equipment; emission control equipment inspection and monitoring 
results; Methods 27 test results; control device exceedances and 
actions taken to remedy them; leak repairs; management of carbon 
removed from carbon adsorption systems; identification of incinerators, 
boilers, or industrial furnaces used to treat hazardous waste in 
accordance with the general requirements of the rule; documentation for 
biological wastewater treatment units using air emission controls in 
accordance with the rule requirements; and identification of equipment 
fittings designated as unsafe or difficult to monitor or inspect.
    At a facility where air emission control equipment required by the 
final rule cannot be in operation by June 5, 1995, the owner or 
operator is required to prepare an implementation schedule for the air 
emission control equipment specifying dates by which progress will be 
completed by the facility owner or operator to ensure the required air 
emission controls are in operation no later than December 8, 1997. 
Alternatively, the owner or operator may come into compliance by 
modifying facility processes to eliminate waste streams with average 
volatile organic concentration greater than or equal to 100 ppmw at the 
point of waste origination. At a minimum, specific calendar dates shall 
be established for award of contracts or issuance of purchase orders 
for the air emission control equipment; initiation of on-site 
installation of the equipment; completion of the equipment 
installation; and performance of any testing to demonstrate that the 
installed air emission control equipment meets the standards.
    The EPA recognizes that, in some cases, owners or operators may be 
unable to meet the implementation date for reasons beyond their 
control. For example, several commenters pointed out that permit 
modifications may be required to implement necessary changes, and that 
modification processes can be lengthy. The EPA developed this rule to 
be self-implementing and to eliminate the need for permit modifications 
to the extent possible; furthermore, in the final rule the 
implementation period has been extended from 2 to 3 years. Therefore, 
the EPA expects that most if not all facilities will be able to comply. 
However, the EPA acknowledges that in some cases State permits may have 
to be modified (e.g., when surface impoundments are replaced with 
tanks). If the permit process is lengthy, or undergoes extensive 
appeal, the facility's ability to comply with the implementation date 
may be jeopardized. To address this and similar situations, the EPA has 
included a provision that will allow the Regional Administrator to 
extend the implementation date in situations beyond the owner or 
operator's control, where he or she made all reasonable and prudent 
efforts to meet the date. The EPA emphasizes that this extension would 
be available only where meeting the date was truly beyond the 
facility's control, and the EPA expects its application would be 
limited to situations such as delays in State permit processing. The 
extension would not be available where the facility's planning was at 
fault, a permit application was submitted unreasonably late, or permit 
processing was delayed because the permit application was inadequate.
    In some cases, the owner or operator of a facility in interim 
status at the time this rule becomes effective may not be able to 
implement the requirements of the rule before EPA (or an authorized 
state) issues the facility its RCRA permit. In this case, the EPA will 
generally incorporate the facility's implementation schedule into the 
permit, in accordance with the requirements of 40 CFR 270.33, which 
allows schedules of compliance in RCRA permits. Consistent with this 
approach, 40 CFR 270.27(a)(7) requires permit applicants to submit 
their schedules of implementation with their permit applications, if 
the owner or operator cannot implement the requirements of this rule 
before permit issuance.
    As the EPA develops new hazardous waste listings or characteristics 
in the future, new containers, tanks, and surface impoundments will 
become subject to subpart CC standards. For these units, the effective 
date of the standards will be the effective date of the new listing or 
characteristic. Owners or operators of these units must institute 
controls by that date. In cases when owners or operators cannot comply 
with the applicable requirements of the subpart CC standards by this 
date, they must install and operate required air emission control 
equipment no later than 30 months after the effective date provided 
that they prepare a implementation schedule (as described above) for 
this control equipment by the effective date.
10. Reporting Requirements
    The final subpart CC standards in 40 CFR part 264 require a TSDF 
owner or operator to submit reports to the EPA only when circumstances 
occur at the facility resulting in noncompliance with certain 
provisions of the rule. There are no reporting requirements under 40 
CFR 265 subpart CC for owners and operators of interim-status TSDF.
    Each report required under the final subpart CC standards in 40 CFR 
part 264 is to be submitted to the EPA Regional office having 
jurisdiction for a particular TSDF location. The report is required to 
be signed and dated by an authorized representative of the facility 
owner or operator.
    A TSDF owner or operator subject to the requirements of 40 CFR 264 
subpart CC must report to the EPA all circumstances resulting in 
placement of a hazardous waste in a tank, surface impoundment, or 
container subject to the rule and not using air emission controls 
required by the rule when either of the following conditions occur: (1) 
The hazardous waste has a volatile organic concentration equal to or 
greater than 100 ppmw as determined on a mass-weighted average basis at 
the point of waste origination, or (2) the process used to treat the 
hazardous waste fails to meet the applicable conditions specified in 
the rule. The owner or operator must submit a written report within 15 
calendar days of the time that the owner or operator becomes aware of 
the circumstances.
    A TSDF owner or operator subject to the requirements of 40 CFR part 
264, subpart CC and using a control device in accordance with the 
requirements of the rule is required to submit a semiannual written 
report to the EPA. This report is to describe each occurrence during 
the previous 6-month period when a control device is operated 
continuously for 24 hours or longer in noncompliance with the 
applicable operating values defined in 40 CFR 264.1035(c)(4) or when a 
flare is operated with visible emissions as defined in 40 CFR 
264.1033(d). A TSDF owner or operator is not required to submit this 
report for a 6-month period during which all control devices at a 
facility subject to the subpart CC standards are operated by the owner 
or operator so that during no period of 24 hours or longer did a 
control device operate continuously in noncompliance with the 
applicable operating values defined in the rule.

B. TSDF Miscellaneous Unit Requirements

    The EPA permits miscellaneous units at TSDF on a case-by-case basis 
with terms and provisions as needed to protect public health and the 
environment through generic performance standards specified in 40 CFR 
264.601. Today's rule amends Sec. 264.601 to include the air emission 
controls required by the standards under 40 CFR part 264, subparts AA, 
BB, and CC among the ``appropriate'' controls a permit writer may 
require for a miscellaneous unit.
    Application of the air standards under 40 CFR part 264, subparts 
AA, BB, and CC to subpart X miscellaneous units will require 
determining which one of the waste management unit categories (e.g., 
tank, surface impoundment, container), if any, is most similar to the 
miscellaneous unit. As an example, hazardous waste is sometimes stored 
or treated in a miscellaneous unit consisting of a flexible, synthetic 
liner supported by an above ground metal frame (instead of a depression 
formed of earthen materials as is the case for a surface impoundment). 
Placing hazardous waste containing organics in this type of 
miscellaneous unit could result in significant organic emissions from 
the exposed waste surface comparable to those resulting from placing 
the waste in a similar size surface impoundment. Using the types of air 
emission controls applicable to surface impoundments (e.g., floating 
membrane cover) would reduce organic emissions from this type of 
miscellaneous unit. Therefore, in the case where the miscellaneous unit 
is determined to resemble a surface impoundment, a subpart X permit may 
be issued that includes air emission control requirements for surface 
impoundments under the subpart CC standards. The same application of 
the rule would be true for a miscellaneous unit used to manage organic-
containing hazardous waste and determined to be similar to a tank or a 
container.

C. 90-Day Tanks and Containers Requirements

    Today's final rulemaking amends subparts I and J of 40 CFR part 265 
to add a requirement that 90-day tanks and containers covered by these 
subparts also have to comply with air emission control requirements in 
subparts AA, BB, and CC. The rule adds these provisions as conditions 
with which generators must comply to not be required to obtain a permit 
for on-site tanks and containers used to accumulate hazardous waste.

D. Amendments to Subparts AA and BB Standards

    Today's action adds new requirements for TSDF owners and operators 
using activated carbon adsorption systems to comply with the control 
device requirements of subparts AA and BB under 40 CFR parts 264 and 
265. These requirements specify the procedures for managing the spent 
carbon removed from the control devices, and are consistent with the 
requirements promulgated today in subpart CC under 40 CFR parts 264 and 
265.

VIII. Implementation of Final Rule

A. Existing Sources

    Today's action by the EPA modifies the ``permit-as-a-shield'' 
practice for implementation of RCRA rules by owners and operators of 
existing TSDF for which final RCRA permits have been issued by the EPA. 
The EPA is amending 40 CFR 270.4 to require that owners and operators 
of TSDF that have been issued final permits prior to June 5, 1995, 
comply with the air standards under 40 CFR part 265, subparts AA, BB, 
and CC until the facility's permit is reviewed or reissued by the EPA. 
This amendment eliminates application of the ``permit-as-a-shield'' 
practice for these air standards but does not require that the EPA or 
the TSDF owner or operator initiate a permit modification to add the 
requirements of 40 CFR part 264, subparts AA, BB, or CC. The EPA 
believes that this will minimize the administrative burden on the TSDF 
owner or operator as well as limit the additional burden on the 
permitting resources of the EPA. However, when a permit is reopened or 
subject to renewal, or when a TSDF owner or operator submits a Class 3 
modification request pertaining to an existing unit or addition of a 
new unit subject to these standards (e.g., a modification regarding a 
tank, surface impoundment, or container), then the applicable 
requirements of 40 CFR part 264, subparts AA, BB, and CC shall be 
incorporated into the permit conditions.
    The subpart CC standards promulgated today are implemented on the 
following schedule by owners and operators of existing TSDF (except for 
tanks in which waste stabilization activities are performed as of 
December 6, 1994, as explained in section VI.F of this preamble):
    (1) All owners and operators of existing TSDF become subject to the 
requirements of 40 CFR part 265, subparts AA, BB, and CC effective June 
5, 1995.
    (2) Beginning June 5, 1995, each TSDF owner or operator is required 
to be in compliance with 40 CFR part 265, subparts AA, BB, and CC. 
Implementation of the leak detection and repair program required by the 
subpart BB standards is required by this date. At a facility where the 
air emission controls required by the subpart AA, BB, and CC standards 
are not in place, the owner or operator must have one of the following 
in the facility's operating record: An implementation schedule for the 
air emission controls in accordance with the recordkeeping requirements 
of the rule or the facility's waste determination that indicates that 
air emission controls are not required.
    (3) No later than December 8, 1997, the air emission controls 
required by 40 CFR part 265, subparts AA, BB, and CC must be installed 
and in operation.
    All final permits, or Class 3 permit modifications, issued by the 
EPA after June 5, 1995, must incorporate the requirements of 40 CFR 
part 264, subparts AA, BB, and CC. The owner and operator of an interim 
status TSDF who have submitted Part B applications to the EPA but have 
not received a draft permit as of June 5, 1995, are required to modify 
the Part B application to incorporate the requirements of 40 CFR part 
264, subparts AA, BB, and CC prior to a draft permit being issued by 
the EPA. However, if the owner and operator have received a draft 
permit as of June 5, 1995, then the requirements of 40 CFR part 264, 
subparts AA, BB, and CC must be incorporated into the permit conditions 
prior to final permit determination. The Regional Administrator may 
establish, on a case-by-case basis, a reasonable date for submittal of 
the revised Part B application.
    An existing solid waste management unit (or facility) may become a 
hazardous waste management unit (or facility) requiring a RCRA permit 
when a waste becomes newly listed or identified as hazardous. Owners 
and operators of TSDF not previously requiring a RCRA permit who have 
existing units handling newly listed or identified hazardous waste can 
submit a Part A application and gain interim status. The air standards 
being promulgated today are implemented at these facilities on the 
following schedule:
    (1) 180 days following the date the waste is listed or identified 
as hazardous waste, the standards become effective; all facilities 
become subject to the standards.
    (2) Beginning June 5, 1995, each TSDF owner or operator is required 
to be in compliance with the subpart AA, BB, and CC standards. At a 
facility where the air emission controls required by the subpart AA, 
BB, and CC standards are not in place, the owner or operator must have 
one of the following in the facility's operating record: an 
implementation schedule for the air emission controls in accordance 
with the recordkeeping requirements of the rule, or the facility's 
waste determination that indicates that air emission controls are not 
required.
    (3) No later than December 8, 1997, the controls required by the 
standards must be installed at all facilities.

B. New Sources

    All air emission controls required by 40 CFR part 264, subparts AA, 
BB, and CC must be in place and operating upon startup of a new TSDF. 
Under 40 CFR 270.10, owners and operators of new TSDF are required to 
submit Part A and Part B permit applications and to receive a final 
permit from the EPA prior to construction of the facility. The Part B 
application for a new facility must incorporate the requirements of 40 
CFR part 264. Owners and operators who have submitted a Part B 
application for a new TSDF but have not been issued a final permit as 
of June 5, 1995, are required to modify their Part B applications to 
incorporate the requirements of 40 CFR part 264, subpart CC.

C. State Authority

1. Applicability of Rule in Authorized States
    Under RCRA section 3006, the EPA may authorize a qualified State to 
administer and enforce the RCRA program within the State (refer to 40 
CFR part 271 for the standards and requirements for authorization). 
Although an authorized State has primary responsibility for enforcement 
of RCRA, the EPA retains enforcement authority under RCRA sections 
3008, 7003, and 3013, as well as inspection authority under RCRA 
section 3007.
    Prior to the enactment of the HSWA, a State with final authority 
administered its hazardous waste program entirely in lieu of the EPA 
administering the Federal program in that State. The Federal 
requirements no longer applied in the authorized State, and the EPA 
could not issue permits for facilities in that State. When new, more 
stringent Federal requirements were promulgated or enacted, the State 
was obligated to enact equivalent requirements within specified time 
frames. The new Federal requirements did not take effect as Federal law 
in an authorized State until the State adopted the requirements as 
State law and was granted authority by the EPA to administer the 
requirements.
    In contrast, new Federal requirements promulgated under authority 
of the HSWA, become effective in authorized States at the same time 
they are effective in nonauthorized States. Under RCRA section 
3006(g)(1), the EPA is directed to administer the new Federal 
requirements in authorized States, including the issuance of permits, 
until the State is granted authority to do so. While authorized States 
must still adopt all new RCRA provisions as State law to retain final 
authorization, requirements promulgated under RCRA provisions added by 
the HSWA are administered by the EPA as Federal law in authorized 
States in the interim.
    Today's rules are promulgated under authority of RCRA section 
3004(n), a provision added to RCRA by the HSWA. Therefore, the EPA is 
adding the requirements of the rules to Table 1 in 40 CFR 271.1(j). 
This table identifies the Federal program requirements that are 
promulgated pursuant to the HSWA and that take effect in all States, 
regardless of their authorization status.
2. Effect on State Authorizations
    The EPA will implement the air standards promulgated today in an 
authorized State until such a time when the State either: (1) Modifies 
its RCRA program to adopt the rule and receives final authorization 
from the EPA for the modification; or (2) receives interim 
authorization from the EPA as described below. Because these air 
standards are promulgated under authority of the HSWA, a State 
submitting a program modification may apply to receive either interim 
or final authorization under RCRA section 3006(g)(2) or 3006(b), 
respectively, on the basis of requirements that are substantially 
equivalent or equivalent to the EPA's. The procedures and schedule for 
State program modifications for either interim or final authorization 
are described in 40 CFR 271.21. The availability of HSWA interim 
authorization was recently extended by the EPA until January 1, 2003 
(see 57 60129, December 18, 1992).
    In accordance with the requirements of 40 CFR 271.21(e)(2), States 
with final authorization must modify their programs to reflect Federal 
program changes and subsequently must submit the modifications to the 
EPA for approval. The deadline by which a State must modify its RCRA 
program to adopt today's rulemaking is determined by the date of 
promulgation of the final rule, in accordance with 40 CFR 271.21(e)(2). 
This deadline can be extended in certain cases [40 CFR 271.21(e)(3)]. 
Once the EPA approves the modification, the State requirements become 
subtitle C RCRA requirements.
    A State that submits its Base program application less than 12 
months after the effective date of these standards is not required to 
include standards equivalent to these standards in its application. 
However, the State must modify its program by the deadlines set forth 
in 40 CFR 271.21(e). States that submit official applications for final 
authorization 12 months after the effective date of these standards 
must include standards equivalent to these standards in their 
applications. The 40 CFR 271.3 sets forth the requirements a State must 
meet when submitting its final authorization application.
    States with authorized RCRA programs may already have requirements 
similar to those in today's rule. Such State regulations have not been 
assessed against the Federal regulations being finalized today to 
determine whether they meet the tests for authorization. Thus, a State 
is not authorized to implement these requirements as RCRA requirements 
until the State program modification is assessed against Federal 
requirements and approved. Of course, States with existing standards 
may continue to administer and enforce their standards as a matter of 
State law. In implementing the Federal program, the EPA will work with 
States under cooperative agreements to minimize duplication of efforts. 
In many cases, the EPA will be able to defer to the States in their 
efforts to implement their programs, rather than take separate actions 
under Federal authority.

IX. Test Methods

A. Method 25D

    Method 25D in 40 CFR part 60, appendix A is the applicable test 
method for the determination of the volatile organic concentration of 
wastes. Method 25D was originally proposed as a part of this rulemaking 
but was subsequently promulgated in a separate rulemaking (see 56 FR 
19402, April 22, 1994). Responses to comments received on the proposed 
Method 25D as part of this rulemaking are presented in the BID for 
today's final rule. Additional comments and responses relevant to the 
proposed Method 25D that were received as part of other EPA rulemakings 
are available in Air Docket Number A-90-23 located at the EPA's Air and 
Radiation Docket Information Center, Waterside Mall, room 1500, 1st 
Floor, 401 M Street, SW., Washington, DC 20460.
    The sampling requirements in Method 25D have been changed since 
proposal. The promulgated version of Method 25D requires that samples 
of waste be collected from a source following specific procedures for 
sampling a single-phase or well-mixed waste, a multiple-phase waste, 
and solid materials. Each sample is suspended in an organic/aqueous 
matrix, then heated and purged with nitrogen for 30 minutes to separate 
certain organic compounds. A portion of the sample is analyzed for 
carbon concentration, as methane, with a flame ionization detector. The 
other portion of the sample is analyzed for chlorine concentration, as 
chloride, with an electrolytic conductivity detector. The volatile 
organic concentration of the waste is then computed as the sum of the 
measured carbon and chlorine contents.

B. Method 25E

    Method 25E is the applicable test method for determining the 
organic vapor pressure of waste managed in tanks. The version of Method 
25E promulgated today in 40 CFR part 60, appendix A, is the same as the 
proposed version with one addition to the sampling requirements to 
provide for sampling waste in a tank. Method 25E requires collection of 
a waste sample in a headspace sample vial and transfer of the vial to a 
balanced pressure headspace sampler. The headspace vapor of the sample 
is analyzed for carbon content by a headspace analyzer, which uses a 
flame ionization detector.

X. Administrative Requirements

A. Paperwork Reduction Act

    The information collection requirements in these rules have been 
approved by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and have been assigned 
control number 1593.02.
    To aid the EPA with enforcement of the rule being promulgated 
today, TSDF owners and operators and hazardous waste generators subject 
to today's action are required to record certain information in the on-
site facility operating logs or files. The recordkeeping requirements 
for each respondent (i.e., person subject to the rule) will vary 
depending on a variety of site-specific factors. These factors include: 
the number of tanks, surface impoundments, and containers subject to 
the rule in operation at the respondent's facility; the number of 
hazardous waste streams managed at the facility; the type of waste 
determination methods selected by the respondent; and the type of air 
emission control equipment selected by the respondent to comply with 
the requirements of the rule.
    This collection of information has an estimated reporting burden 
averaging 1.4 hours per response and an estimated annual recordkeeping 
burden averaging 62.5 hours per respondent. These estimates include 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information.
    In general, a respondent is not required to submit any reports to 
the EPA unless certain events occur at the respondent's facility in 
which a hazardous waste is improperly managed in a unit not using the 
required air emission controls or a control device malfunction cannot 
be corrected by the respondent within 24 hours of being detected. Thus, 
the EPA expects that many respondents complying with this rule will 
have no reporting burden. On a nationwide average basis, the public 
reporting burden resulting from today's action is estimated by the EPA 
to be approximately 2 hours per year per respondent.
    Send comments regarding the burden estimate or any other aspect of 
this collection of information, including suggestions for reducing this 
burden to Chief, Information Policy Branch; EPA; 401 M St., S.W. (Mail 
Code 2136); Washington, DC 20460; and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Washington, DC 
20503, marked ``Attention Desk Officer for EPA.''

B. Executive Order 12866 Review

    Under Executive Order 12866, (58 FR 51735, October 4, 1993) the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant regulatory action'' as 
one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.''
    Pursuant to the terms of Executive Order 12866, it has been 
determined that this rule is a ``significant regulatory action'' based 
on the estimated annual cost of the rulemaking to the economy (i.e., 
the EPA's estimate of nationwide annual costs for the subpart CC 
standards exceeds $100 million). As such, the EPA has submitted this 
action to OMB for review. Changes made in response to OMB suggestions 
or recommendations will be documented in the public record.

C. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), 
whenever a Federal agency publishes any proposed or final rule in the 
Federal Register, it must prepare a Regulatory Flexibility Analysis 
(RFA) that describes the impact of the rule on small entities (i.e., 
small businesses, organizations, and governmental jurisdictions). This 
analysis is not necessary, however, if the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities.
    The EPA has established guidelines for determining whether an RFA 
is required for the EPA rulemaking. These guidelines state that, if a 
preliminary analysis indicates that a proposed regulation would affect 
20 percent or more of ``small entities'', then an RFA is to be 
prepared. In addition, these guidelines are used to evaluate if a 
regulation will have a ``significant impact'' on small entities. A 
regulation is considered by the EPA to have a ``significant impact'' if 
any one of the following four criteria is met:
    (1) Annual compliance costs increase the relevant production costs 
for small entities by more than 5 percent;
    (2) The ratio of compliance costs to sales will be 10 percent 
higher for small entities than for large entities;
    (3) Capital costs of compliance will represent a significant 
portion of the capital available to small entities, taking into account 
internal cash flow plus external financing capabilities;
    (4) Costs of the regulation will likely result in closures of small 
entities.
    The EPA used the economic impact model developed for the RIA to 
estimate the effects of today's rulemaking on small entities (refer to 
Chapter VI of the RIA for additional details). The results of this 
analysis indicate that the effects of the air standards on small 
entities are minimal. The number of affected small entities is 
insubstantial, and the impacts are insignificant.
    Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify 
that these final rules promulgated today will not have a significant 
impact on a substantial number of small entities. Therefore, an RFA is 
not required for this rulemaking.

D. Docket

    Three RCRA dockets contain information pertaining to today's 
rulemaking:
    (1) RCRA docket number F-91-CESP-FFFFF, which contains copies of 
all BID references and other information related to the development of 
the rule up through proposal;
    (2) RCRA docket number F-92-CESA-FFFFF, which contains copies of 
the supplemental data made available for public comment prior to 
promulgation; and
    (3) RCRA docket number F-94-CESF-FFFFF, which contains copies of 
all BID references and other information related to development of the 
final rule following proposal.

The public may review all materials in these dockets at the EPA RCRA 
Docket Office.
    The EPA RCRA Docket Office is located in room 2427 of the U.S. 
Environmental Protection Agency, 401 M Street SW., Washington, DC 
20460. The Docket Office is open from 9 a.m. to 4 p.m., Monday through 
Friday, except for Federal holidays. The public must have an 
appointment to review docket materials. Appointments can be scheduled 
by calling the Docket Office at (202) 260-9327. An individual may copy 
a maximum of 100 pages of material from any one regulatory docket free 
of charge. Additional pages of material from the docket may be copied 
at a charge of $0.15 per page.

XI. Legal Authority

    These regulations are promulgated under the authority of sections 
2002, 3001-3007, 3010, and 7004 of the Solid Waste Disposal Act of 
1970, as amended by RCRA, as amended (42 U.S.C. 6921-6927, 6930, and 
6974).

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 60

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

40 CFR Part 260

    Air pollution control, Incorporation by reference.

40 CFR Part 262

    Accumulation time, Air pollution control, Container, Tank.

40 CFR Parts 264 and 265

    Air pollution control, Container, Control device, Hazardous waste, 
Incorporation by reference, Inspection, Miscellaneous unit, Monitoring, 
Reporting and recordkeeping requirements, Standards, Surface 
impoundment, Tank, Waste determination.

40 CFR Part 270

    Administrative practice and procedure, Air pollution control, 
Confidential business information, Hazardous waste, Permit, Permit 
modification, Reporting and recordkeeping requirements.

40 CFR Part 271

    Administrative practice and procedure, Air pollution control, 
Confidential business information, Hazardous waste, Reporting and 
recordkeeping requirements.

    Dated: November 15, 1994.
Carol M. Browner,
The Administrator.
    For the reasons set out in the preamble, title 40, chapter I, parts 
9, 60, 260, 262, 264, 265, 270, and 271 of the Code of Federal 
Regulations are amended as follows:

PART 9--OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT

    1. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1321, 1326, 1330, 1344, 1345 
(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp. 
p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-1, 300g-2, 
300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3, 300j-4, 
300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 9601-9657, 
11023, 11048.

    2. Section 9.1 is amended by adding new entities in numerical order 
to the table under the indicated headings to read as follows:


Sec. 9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                                                             OMB control
                      40 CFR citation                            No.    
------------------------------------------------------------------------
                                                                        
                                  *****                                 
    Standards for Owners and Operators of Hazardous Waste Treatment,    
                    Storage, and Disposal Facilities                    
                                                                        
                                  *****                                 
264.1089...................................................    2060-0318
264.1090...................................................    2060-0318
                                                                        
                                  *****                                 
  Interim Status Standards for Owners and Operators of Hazardous Waste  
               Treatment, Storage, and Disposal Facilities              
                                                                        
                                  *****                                 
265.1090...................................................    2060-0318
                                                                        
                                  *****                                 
------------------------------------------------------------------------

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

    3. The authority citation for part 60 continues to read as follows:

    Authority: Sections 111, 301(a) of the Clean Air Act as amended 
(42 U.S.C. 7411, 7601(a)) unless otherwise noted.

    4. Appendix A is amended by adding Method 25E:

Appendix A--Test Methods

* * * * *

Method 25E--Determination of Vapor Phase Organic

Concentration in Waste Samples

Introduction

    Performance of this method should not be attempted by persons 
unfamiliar with the operation of a flame ionization detector (FID) 
nor by those who are unfamiliar with source sampling because 
knowledge beyond the scope of this presentation is required.

1. Applicability and Principle

    1.1  Applicability. This method is applicable for determining 
the vapor pressure of waste samples which represent waste which is 
or will be managed in tanks.
    1.2  Principle. The headspace vapor of the sample is analyzed 
for carbon content by a headspace analyzer, which uses an FID.

2. Interferences

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

3. Apparatus

    3.1  Sampling. The following equipment is required:
    3.1.1  Sample Containers. Vials, glass, with butyl rubber septa, 
Perkin-Elmer Corporation Numbers 0105-0129 (glass vials), B001-0728 
(gray butyl rubber septum, plug style), 0105-0131 (butyl rubber 
septa), or equivalent. The seal must be made from butyl rubber. 
Silicone rubber seals are not acceptable.
    3.1.2  Vial Sealer. Perkin-Elmer Number 105-0106, or equivalent.
    3.1.3  Gas-Tight Syringe. Perkin-Elmer Number 00230117, or 
equivalent.
    3.1.4  The following equipment is required for sampling.
    3.1.4.1  Tap.
    3.1.4.2  Tubing. Telfon, 0.25-in. ID. Note: Mention of trade 
names or specific products does not constitute endorsement by the 
Environmental Protection Agency.
    3.1.4.3  Cooling Coil. Stainless steel (304), 0.25 in.-ID, 
equipped with a thermocouple at the coil outlet.
    3.2  Analysis. The following equipment is required:
    3.2.1  Balanced Pressure Headspace Sampler. Perkin-Elmer HS-6, 
HS-100, or equivalent, equipped with a glass bead column instead of 
a chromatographic column.
    3.2.2  FID. An FID meeting the following specifications is 
required:
    3.2.2.1  Linearity. A linear response (5 percent) 
over the operating range as demonstrated by the procedures 
established in Section 6.1.2.
    3.2.2.2  Range. A full scale range of 1 to 10,000 ppm CH4. 
Signal attenuators shall be available to produce a minimum signal 
response of 10 percent of full scale.
    3.2.3  Data Recording System. Analog strip chart recorder or 
digital integration system compatible with the FID for permanently 
recording the output of the detector.
    3.2.4  Thermometer. Capable of reading temperatures in the range 
of 30 deg. to 60 deg.C with an accuracy of 0.1 deg.C.

4. Reagents

    4.1  Analysis. The following items are required for analysis:
    4.1.1  Hydrogen (H2). Zero grade.
    4.1.2  Carrier Gas. Zero grade nitrogen, containing less than 1 
ppm carbon (C) and less than 1 ppm carbon dioxide.
    4.1.3  Combustion Gas. Zero grade air or oxygen as required by 
the FID.
    4.2  Calibration and Linearity Check.
    4.2.1  Stock Cylinder Gas Standard. 100 percent propane. The 
manufacturer shall:
    (a) Certify the gas composition to be accurate to 3 
percent or better (see Section 4.2.1.1);
    (b) Recommend a maximum shelf life over which the gas 
concentration does not change by greater than 5 percent 
from the certified value; and
    (c) Affix the date of gas cylinder preparation, certified 
propane concentration, and recommended maximum shelf life to the 
cylinder before shipment to the buyer.
    4.2.1.1 Cylinder Standards Certification. The manufacturer shall 
certify the concentration of the calibration gas in the cylinder by 
(a) directly analyzing the cylinder and (b) calibrating his 
analytical procedure on the day of cylinder analysis. To calibrate 
his analytical procedure, the manufacturer shall use, as a minimum, 
a three-point calibration curve.
    4.2.1.2  Verification of Manufacturer's Calibration Standards. 
Before using, the manufacturer shall verify each calibration 
standard by (a) comparing it to gas mixtures prepared in accordance 
with the procedure described in Section 7.1 of Method 106 of part 
61, appendix B, or by (b) calibrating it against Standard Reference 
Materials (SRM's) prepared by the National Bureau of Standards, if 
such SRM's are available. The agreement between the initially 
determined concentration value and the verification concentration 
value shall be within 5 percent. The manufacturer must 
reverify all calibration standards on a time interval consistent 
with the shelf life of the cylinder standards sold.

5. Procedure

    5.1  Sampling.
    5.1.1  Install a sampling tap to obtain the sample at a point 
which is most representative of the unexposed waste (where the waste 
has had minimum opportunity to volatilize to the atmosphere). 
Assemble the sampling apparatus as shown in Figure 25E-1.
BILLING CODE 6560-50-P

TR06DE94.000

BILLING CODE 6560-50-C
    5.1.2  Begin sampling by purging the sample lines and cooling 
coil with at least four volumes of waste. Collect the purged 
material in a separate container and dispose of it properly.
    5.1.3  After purging, stop the sample flow and transfer the 
Teflon sampling tube to a sample container. Sample at a flow rate 
such that the temperature of the waste is <10 deg.C (<50 deg.F). 
Fill the sample container halfway (5 percent) and cap it 
within 5 seconds. Store immediately in a cooler and cover with ice.
    5.1.4  Alternative sampling techniques may be used upon the 
approval of the Administrator.
    5.2  Analysis.
    5.2.1  Allow one hour for the headspace vials to equilibrate at 
the temperature specified in the regulation. Allow the FID to warm 
up until a stable baseline is achieved on the detector.
    5.2.2  Check the calibration of the FID daily using the 
procedures in Section 6.1.2.
    5.2.3  Follow the manufacturer's recommended procedures for the 
normal operation of the headspace sampler and FID.
    5.2.4  Use the procedures in Sections 7.4 and 7.5 to calculate 
the vapor phase organic vapor pressure in the samples.
    5.2.5  Monitor the output of the detector to make certain that 
the results are being properly recorded.

6. Operational Checks and Calibration

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

7. Calculations

    7.1  Nomenclature.

A = Measurement of the area under the response curve, counts.
b = y-intercept of the linear regression line.
Ca = Measured vapor phase organic concentration of sample, ppm 
as propane.
Cma = Average measured vapor phase organic concentration of 
standard, ppm as propane.
Cm = Measured vapor phase organic concentration of standard, 
ppm as propane.
Cs = Calculated standard concentration, ppm as propane.
k = Slope of the linear regression line.
Pbar = Atmospheric pressure at analysis conditions, mm Hg (in. 
Hg).
P* = Organic vapor pressure in the sample, kPa (psi).
 = 1.333 X 10-7 kPa/[(mm Hg)(ppm)], (4.91 X 10-7 
psi/[(in. Hg)(ppm)])

    7.2  Linearity. Use the following equation to calculate the 
measured standard concentration for each standard vial.

Cm = k A + b    Eq. 25E-1

    7.2.1  Calculate the average measured standard concentration 
(Cma) for each set of triplicate standards and use the 
following equation to calculate the percent difference (PD) between 
Cma and Cs.

TR06DE94.001

    The instrument linearity is acceptable if the percent difference 
is within five for each standard.
    7.3  Relative Standard Deviation (RSD). Use the following 
equation to calculate the RSD for each triplicate set of standards.

TR06DE94.002

    The calibration is acceptable if the RSD is within five for each 
standard concentration.
    7.4  Concentration of organics in the headspace. Use the 
following equation to calculate the concentration of vapor phase 
organics in each sample.

Ca = k A + b    Eq. 25E-4

    7.5  Vapor Pressure of Organics in the Headspace Sample. Use the 
following equation to calculate the vapor pressure of organics in 
the sample.

P* =  Pbar Ca    Eq. 25E-5
* * * * *

PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

    5. The authority citation for part 260 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935, 
6937, 6938, 6939, and 6974.

    6. Section 260.11 is amended by adding the following references to 
the end of paragraph (a) and by revising the first sentence of 
paragraph (b) to read as follows:


Sec. 260.11  References.

    (a) * * *
    API Publication 2517, Third Edition, February 1989, ``Evaporative 
Loss from External Floating-Roof Tanks,'' available from the American 
Petroleum Institute, 1220 L Street, Northwest, Washington, D.C. 20005.
    ``ASTM Standard Test Method for Vapor Pressure--Temperature 
Relationship and Initial Decomposition Temperature of Liquids by 
Isoteniscope,'' ASTM Standard D 2879-92, available from American 
Society for Testing and Materials (ASTM), 1916 Race Street, 
Philadelphia, Pennsylvania 19103;
* * * * *
    (b) The references listed in paragraph (a) of this section are also 
available for inspection at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC. * * *

PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

    8. The authority citation for part 262 continues to read as 
follows:

    Authority: 42 U.S.C. 6906, 6912(a), 6922, 6923, 6924, 6925, 6937 
and 6938, unless otherwise noted.

    8a. Section 262.34 is amended by revising paragraphs (a)(1)(i), 
(a)(1)(ii) and (d)(2) as follows:


Sec. 262.34  Accumulation time.

    (a) * * *
    (1) * * *
    (i) In containers and the generator complies with subparts I AA, BB 
and CC of 40 CFR part 265; and/or
    (ii) In tanks and the generator complies with subparts J, AA, BB 
and CC of 40 CFR part 265, except Secs. 265.197(c) and 265.200; and/or
* * * * *
    (d) * * *
    (2) The generator complies with the requirements of subpart I of 
part 265 of this chapter, except for Secs. 265.176 and 265.178;
* * * * *

PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE 
TREATMENT, STORAGE, AND DISPOSAL FACILITIES

    9. The authority citation for part 264 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6924 and 6925.

Subpart B--General Facility Standards


Sec. 264.13  [Amended]

    10. In Sec. 264.13, paragraph (b)(6) is amended by adding 
``264.1083,'' after the phrase ``as specified in Secs. 264.17, 264.314, 
264.341, 264.1034(d), 264.1063(d),''.
    11. In Sec. 264.13, paragraph (b)(8) is added to read as follows:


Sec. 264.13  General waste analysis.

* * * * *
    (b) * * *
    (8) For owners and operators seeking an exemption to the air 
emission standards of subpart CC in accordance with Sec. 264.1082--
    (i) The procedures and schedules for waste sampling and analysis, 
and the analysis of test data to verify the exemption.
    (ii) Each generator's notice and certification of the volatile 
organic concentration in the waste if the waste is received from off 
site.
* * * * *


Sec. 264.15  [Amended]

    12. In Sec. 264.15, paragraph (b)(4) is amended by removing the 
word ``and'' after the phrase ``frequencies called for in 
Secs. 264.174, 264.193, 264.195, 264.226, 264.254, 264.278, 264.303, 
264.347, 264.602, 264.1033, 264.1052, 264.1053,'' and adding 
``264.1088, and 264.1091(b),'' after ``264.1058,''.

Subpart E--Manifest System, Recordkeeping, and Reporting

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


Sec. 264.73  Operating record.

* * * * *
    (b) * * *
    (3) Records and results of waste analyses and waste determinations 
performed as specified in Secs. 264.13, 264.17, 264.314, 264.341, 
264.1034, 264.1063, 264.1083, 268.4(a), and 268.7 of this chapter.
* * * * *
    (6) Monitoring, testing or analytical data, and corrective action 
where required by subpart F of this part and Secs. 264.19, 264.191, 
264.193, 264.195, 264.222, 264.223, 264.226, 264.252 through 264.254, 
264.276, 264.278, 264.280, 264.302 through 264.304, 264.309, 264.347, 
264.602, 264.1034(c) through 264.304(f), 264.1035, 264.1063(d) through 
264.1063(i), 264.1064, 264.1088, 264.1089, and 264.1091.
* * * * *
    14. Section 264.77 is amended by revising paragraph (c) to read as 
follows:


Sec. 264.77  Additional reports.

* * * * *
    (c) As otherwise required by subparts F, K through N, AA, BB, and 
CC of this part.

Subpart I--Use and Management of Containers

    15. Section 264.179 is added to read as follows:


Sec. 264.179  Air Emission Standards.

    The owner or operator shall manage all hazardous waste placed in a 
container in accordance with the requirements of subpart CC of this 
part.

Subpart J--Tank Systems

    16. Section 264.200 is added to read as follows:


Sec. 264.200  Air emission standards.

    The owner or operator shall manage all hazardous waste placed in a 
tank in accordance with the requirements of subpart CC of this part.

Subpart K--Surface Impoundments

    17. Section 264.232 is added to read as follows:


Sec. 264.232  Air emission standards.

    The owner or operator shall manage all hazardous waste placed in a 
surface impoundment in accordance with the requirements of subpart CC 
of this part.

Subpart X--Miscellaneous Unit


Sec. 264.601  [Amended]

    18. The introductory text of Sec. 264.601 is amended by adding the 
words ``and subparts AA through CC'' after ``subparts I through O''.

Subpart AA--Air Emission Standards for Process Vents

    19. Section 264.1033 is amended by revising paragraph (k)(2) and 
adding paragraph (m) to read as follows:


Sec. 264.1033  Standards: Closed-vent systems and control devices.

* * * * *
    (k) * * *
    (2) Closed-vent systems shall be monitored to determine compliance 
with this section during the initial leak detection monitoring, which 
shall be conducted by the date that the facility becomes subject to the 
provisions of this section, annually, and at other times as requested 
by the Regional Administrator. For the annual leak detection monitoring 
after the initial leak detection monitoring, the owner or operator is 
not required to monitor those closed-vent system components which 
operate in vacuum service or those closed-vent system joints, seams, or 
other connections that are permanently or semi-permanently sealed 
(e.g., a welded joint between two sections of metal pipe or a bolted 
and gasketed pipe flange).
* * * * *
    (m) The owner or operator using a carbon adsorption system shall 
document that all carbon removed from a carbon adsorption system to 
comply with Sec. 264.1033(g) and Sec. 264.1033(h) is managed in one of 
the following manners:
    (1) Regenerated or reactivated in a thermal treatment unit that is 
permitted under subpart X of this part;
    (2) Incinerated by a process that is permitted under subpart O of 
this part; or
    (3) Burned in a boiler or industrial furnace that is permitted 
under subpart H of part 266 of this chapter.
    20. In part 264, subpart CC is added to read as follows:
Subpart CC--Air Emission Standards for Tanks, Surface Impoundments, and 
Containers
Sec.
264.1080  Applicability.
264.1081  Definitions.
264.1082  Standards: General.
264.1083  Waste determination procedures.
264.1084  Standards: Tanks.
264.1085  Standards: Surface impoundments.
264.1086  Standards: Containers.
264.1087  Standards: Closed-vent systems and control devices.
264.1088  Inspection and monitoring requirements.
264.1089  Recordkeeping requirements.
264.1090  Reporting requirements.
264.1091  Alternative control requirements for tanks.

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


Sec. 264.1080  Applicability.

    (a) The requirements of this subpart apply to owners and operators 
of all facilities that treat, store, or dispose of hazardous waste in 
tanks, surface impoundments, or containers subject to either subparts 
I, J, or K of this part except as Sec. 264.1 and paragraph (b) of this 
section provide otherwise.
    (b) The requirements of this subpart do not apply to the following 
waste management units at the facility:
    (1) A waste management unit that holds hazardous waste placed in 
the unit before June 5, 1995, and in which no hazardous waste is added 
to the unit on or after June 5, 1995.
    (2) A container that has a design capacity less than or equal to 
0.1 m3.
    (3) A tank in which an owner or operator has stopped adding 
hazardous waste and the owner or operator has begun implementing or 
completed closure pursuant to an approved closure plan.
    (4) A surface impoundment in which an owner or operator has stopped 
adding hazardous waste (except to implement an approved closure plan) 
and the owner or operator has begun implementing or completed closure 
pursuant to an approved closure plan.
    (5) A waste management unit that is used solely for on-site 
treatment or storage of hazardous waste that is generated as the result 
of implementing remedial activities required under the corrective 
action authorities of RCRA sections 3004(u), 3004(v) or 3008(h), CERCLA 
authorities, or similar Federal or State authorities.
    (6) A waste management unit that is used solely for the management 
of radioactive mixed waste in accordance with all applicable 
regulations under the authority of the Atomic Energy Act and the 
Nuclear Waste Policy Act.
    (c) For the owner and operator of a facility subject to this 
subpart and who received a final permit under RCRA section 3005 prior 
to June 5, 1995, the requirements of this subpart shall be incorporated 
into the permit when the permit is reissued in accordance with the 
requirements of 40 CFR 124.15 or reviewed in accordance with the 
requirements of 40 CFR 270.50(d). Until such date when the owner and 
operator receives a final permit incorporating the requirements of this 
subpart, the owner and operator is subject to the requirements of 40 
CFR part 265, subpart CC.


Sec. 264.1081   Definitions.

    As used in this subpart, all terms shall have the meaning given to 
them in 40 CFR 265.1081, the Act, and parts 260 through 266 of this 
chapter.


Sec. 264.1082  Standards: General.

    (a) This section applies to the management of hazardous waste in 
tanks, surface impoundments, and containers subject to this subpart.
    (b) The owner or operator shall control air emissions from each 
waste management unit in accordance with standards specified in 
Secs. 264.1084 through 264.1087 of this subpart, as applicable to the 
waste management unit, except as provided for in paragraph (c) of this 
section.
    (c) A waste management unit is exempted from standards specified in 
Secs. 264.1084 through 264.1087 of this subpart provided that all 
hazardous waste placed in the waste management unit is determined by 
the owner or operator to meet either of the following conditions:
    (1) The average VO concentration of the hazardous waste at the 
point of waste origination is less than 100 parts per million by weight 
(ppmw). The average VO concentration shall be determined by the 
procedures specified in Sec. 264.1083(a) of this subpart.
    (2) The organic content of the hazardous waste has been reduced by 
an organic destruction or removal process that achieves any one of the 
following conditions:
    (i) A process that removes or destroys the organics contained in 
the hazardous waste to a level such that the average VO concentration 
of the hazardous waste at the point of waste treatment is less than the 
exit concentration limit (Ct) established for the process. The 
average VO concentration of the hazardous waste at the point of waste 
treatment and the exit concentration limit for the process shall be 
determined using the procedures specified in Sec. 264.1083(b) of this 
subpart.
    (ii) A process that removes or destroys the organics contained in 
the hazardous waste to a level such that the organic reduction 
efficiency (R) for the process is equal to or greater than 95 percent, 
and the average VO concentration of the hazardous waste at the point of 
waste treatment is less than 50 ppmw. The organic reduction efficiency 
for the process and the average VO concentration of the hazardous waste 
at the point of waste treatment shall be determined using the 
procedures specified in Sec. 264.1083(b) of this subpart.
    (iii) A process that removes or destroys the organics contained in 
the hazardous waste to a level such that the actual organic mass 
removal rate (MR) for the process is greater than the required organic 
mass removal rate (RMR) established for the process. The required 
organic mass removal rate and the actual organic mass removal rate for 
the process shall be determined using the procedures specified in 
Sec. 264.1083(b) of this subpart.
    (iv) A biological process that destroys or degrades the organics 
contained in the hazardous waste, such that either of the following 
conditions is met:
    (A) The organic reduction efficiency (R) for the process is equal 
to or greater than 95 percent, and the organic biodegradation 
efficiency (Rbio) for the process is equal to or greater than 95 
percent. The organic reduction efficiency and the organic 
biodegradation efficiency for the process shall be determined in 
accordance with the procedures specified in Sec. 264.1083(b) of this 
subpart.
    (B) The total actual organic mass biodegradation rate (MRbio) 
for all hazardous waste treated by the process is equal to or greater 
than the required organic mass removal rate (RMR). The required organic 
mass removal rate and the actual organic mass biodegradation rate for 
the process shall be determined using the procedures specified in 
Sec. 264.1083(b) of this subpart.
    (v) A process that removes or destroys the organics contained in 
the hazardous waste and meets all of the following conditions:
    (A) All of the materials entering the process are hazardous wastes.
    (B) From the point of waste origination through the point where the 
hazardous waste enters the process, the hazardous waste is continuously 
managed in waste management units which use air emission controls in 
accordance with the standards specified in Secs. 264.1084 through 
264.1087 of this subpart, as applicable to the waste management unit.
    (C) The average VO concentration of the hazardous waste at the 
point of waste treatment is less than the lowest average VO 
concentration at the point of waste origination determined for each of 
the individual hazardous waste streams entering the process or 100 
ppmw, whichever value is lower. The average VO concentration of each 
individual hazardous waste stream at the point of waste origination 
shall be determined using the procedure specified in Sec. 264.1083(a) 
of this subpart. The average VO concentration of the hazardous waste at 
the point of waste treatment shall be determined using the procedure 
specified in Sec. 264.1083(b) of this subpart.
    (vi) A hazardous waste incinerator for which the owner or operator 
has either:
    (A) Been issued a final permit under 40 CFR part 270, and designs 
and operates the unit in accordance with the requirements of subpart O 
of this part; or
    (B) Has certified compliance with the interim status requirements 
of 40 CFR part 265, subpart O.
    (vii) A boiler or industrial furnace for which the owner or 
operator has either:
    (A) Been issued a final permit under 40 CFR part 270, and designs 
and operates the unit in accordance with the requirements of 40 CFR 
part 266, subpart H, or
    (B) Has certified compliance with the interim status requirements 
of 40 CFR part 266, subpart H.
    (d) When a process is used for the purpose of treating a hazardous 
waste to meet one of the sets of conditions specified in paragraphs 
(c)(2)(i) through (c)(2)(v) of this section, each material removed from 
or exiting the process that is not a hazardous waste but has an average 
VO concentration equal to or greater than 100 ppmw shall be managed in 
a waste management unit in accordance with the requirements of 
paragraph (b) of this section.
    (e) The Regional Administrator may at any time perform or request 
that the owner or operator perform a waste determination for a 
hazardous waste managed in a tank, surface impoundment, or container 
exempted from using air emission controls under the provisions of this 
section as follows:
    (1) The waste determination for average VO concentration of a 
hazardous waste at the point of waste origination shall be performed 
using direct measurement in accordance with the applicable requirements 
of Sec. 264.1083(a) of this subpart. The waste determination for a 
hazardous waste at the point of waste treatment shall be performed in 
accordance with the applicable requirements of Sec. 264.1083(b) of this 
subpart.
    (2) In a case when the owner or operator is requested to perform 
the waste determination, the Regional Administrator may elect to have 
an authorized representative observe the collection of the hazardous 
waste samples used for the analysis.
    (3) In a case when the results of the waste determination performed 
or requested by the Regional Administrator do not agree with the 
results of a waste determination performed by the owner or operator 
using knowledge of the waste, then the results of the waste 
determination performed in accordance with the requirements of 
paragraph (e)(1) of this section shall be used to establish compliance 
with the requirements of this subpart.
    (4) In a case when the owner or operator has used an averaging 
period greater than 1 hour for determining the average VO concentration 
of a hazardous waste at the point of waste origination, the Regional 
Administrator may elect to establish compliance with this subpart by 
performing or requesting that the owner or operator perform a waste 
determination using direct measurement based on waste samples collected 
within a 1-hour period as follows:
    (i) The average VO concentration of the hazardous waste at the 
point of waste origination shall be determined by direct measurement in 
accordance with the requirements of Sec. 264.1083(a) of this subpart.
    (ii) Results of the waste determination performed or requested by 
the Regional Administrator showing that the average VO concentration of 
the hazardous waste at the point of waste origination is equal to or 
greater than 100 ppmw shall constitute noncompliance with this subpart 
except in a case as provided for in paragraph (e)(4)(iii) of this 
section.
    (iii) For the case when the average VO concentration of the 
hazardous waste at the point of waste origination previously has been 
determined by the owner or operator using an averaging period greater 
than 1 hour to be less than 100 ppmw but because of normal operating 
process variations the VO concentration of the hazardous waste 
determined by direct measurement for any given 1-hour period may be 
equal to or greater than 100 ppmw, information that was used by the 
owner or operator to determine the average VO concentration of the 
hazardous waste (e.g., test results, measurements, calculations, and 
other documentation) and recorded in the facility records in accordance 
with the requirements of Sec. 264.1083(a) and Sec. 264.1089 of this 
subpart shall be considered by the Regional Administrator together with 
the results of the waste determination performed or requested by the 
Regional Administrator in establishing compliance with this subpart.


Sec. 264.1083  Waste determination procedures.

    (a) Waste determination procedure for average volatile organic (VO) 
concentration of a hazardous waste at the point of waste origination.
    (1) An owner or operator shall determine the average VO 
concentration at the point of waste origination for each hazardous 
waste placed in waste management units exempted under the provisions of 
Sec. 264.1082(c)(1) of this subpart from using air emission controls in 
accordance with standards specified in Sec. 264.1084 through 
Sec. 264.1087 of this subpart, as applicable to the waste management 
unit.
    (2) The VO concentration at the point of waste origination for a 
hazardous waste shall be determined in accordance with the procedures 
specified in 40 CFR 265.1084(a)(2) through (a)(6) of this chapter.
    (b) Waste determination procedures for treated hazardous waste.
    (1) An owner or operator shall perform the applicable waste 
determinations for each treated hazardous waste placed in waste 
management units exempted under the provisions of Sec. 264.1082(c)(2) 
of this subpart from using air emission controls in accordance with 
standards specified in Sec. 264.1084 through Sec. 264.1087 of this 
subpart, as applicable to the waste management unit.
    (2) The waste determination for a treated hazardous waste shall be 
performed in accordance with the procedures specified in 40 CFR 
265.1084(b)(2) through (b)(10), as applicable to the treated hazardous 
waste.
    (c) Procedure to determine the maximum organic vapor pressure of a 
hazardous waste in a tank.
    (1) An owner or operator shall determine the maximum organic vapor 
pressure for each hazardous waste placed in tanks using air emission 
controls in accordance with standards specified in Sec. 264.1084(c) of 
this subpart.
    (2) The maximum organic vapor pressure of the hazardous waste shall 
be determined in accordance with the procedures specified in 40 CFR 
265.1084(c)(2) through (c)(4).


Sec. 264.1084  Standards: Tanks.

    (a) This section applies to owners and operators of tanks subject 
to this subpart into which any hazardous waste is placed except for the 
following tanks:
    (1) A tank in which all hazardous waste entering the tank meets the 
conditions specified in Sec. 264.1082(c) of this subpart; or
    (2) A tank used for biological treatment of hazardous waste in 
accordance with the requirements of Sec. 264.1082(c)(2)(iv) of this 
subpart.
    (b) The owner or operator shall place the hazardous waste into one 
of the following tanks:
    (1) A tank equipped with a cover (e.g., a fixed roof) that is 
vented through a closed-vent system to a control device in accordance 
with the requirements specified in paragraph (d) of this section;
    (2) A tank equipped with a fixed roof and internal floating roof in 
accordance with the requirements of Sec. 264.1091 of this subpart;
    (3) A tank equipped with an external floating roof in accordance 
with the requirements of Sec. 264.1091 of this subpart; or
    (4) A pressure tank that is designed to operate as a closed system 
such that the tank operates with no detectable organic emissions at all 
times that hazardous waste is in the tank except as provided for in 
paragraph (g) of this section.
    (c) As an alternative to complying with paragraph (b) of this 
section, an owner or operator may place hazardous waste in a tank 
equipped with a cover (e.g., a fixed roof) meeting the requirements 
specified in paragraph (d)(1) of this section when the hazardous waste 
is determined to meet all of the following conditions:
    (1) The hazardous waste is neither mixed, stirred, agitated, nor 
circulated within the tank by the owner or operator using a process 
that results in splashing, frothing, or visible turbulent flow on the 
waste surface during normal process operations;
    (2) The hazardous waste in the tank is not heated by the owner or 
operator except during conditions requiring that the waste be heated to 
prevent the waste from freezing or to maintain adequate waste flow 
conditions for continuing normal process operations;
    (3) The hazardous waste in the tank is not treated by the owner or 
operator using a waste stabilization process or a process that produces 
an exothermic reaction; and
    (4) The maximum organic vapor pressure of the hazardous waste in 
the tank as determined using the procedure specified in 
Sec. 264.1083(c) of this subpart is less than the following applicable 
value:
    (i) If the tank design capacity is equal to or greater than 151 
m3, then the maximum organic vapor pressure shall be less than 5.2 
kPa;
    (ii) If the tank design capacity is equal to or greater than 75 
m3 but less than 151 m3, then the maximum organic vapor 
pressure shall be less than 27.6 kPa; or
    (iii) If the tank design capacity is less than 75 m3, then the 
maximum organic vapor pressure shall be less than 76.6 kPa.
    (d) To comply with paragraph (b)(1) of this section, the owner or 
operator shall design, install, operate, and maintain a cover that 
vents the organic vapors emitted from hazardous waste in the tank 
through a closed-vent system connected to a control device.
    (1) The cover shall be designed and operated to meet the following 
requirements:
    (i) The cover and all cover openings (e.g., access hatches, 
sampling ports, and gauge wells) shall be designed to operate with no 
detectable organic emissions when all cover openings are secured in a 
closed, sealed position.
    (ii) Each cover opening shall be secured in a closed, sealed 
position (e.g., covered by a gasketed lid or cap) at all times that 
hazardous waste is in the tank except as provided for in paragraph (f) 
of this section.
    (2) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec. 264.1087 of this 
subpart.
    (e) The owner and operator shall install, operate, and maintain 
enclosed pipes or other closed-systems, EPA considers a drain system 
that meets the requirements of 40 CFR 61.346(a)(1) or 40 CFR 
61.346(b)(1) through (b)(3) to be a ``closed systems'', to:
    (1) Transfer all hazardous waste to the tank from another tank, 
surface impoundment, or container subject to this subpart except for 
those hazardous wastes that meet the conditions specified in 
Sec. 264.1082(c) of this subpart; and
    (2) Transfer all hazardous waste from the tank to another tank, 
surface impoundment, or container subject to this subpart except for 
those hazardous wastes that meet the conditions specified in 
Sec. 264.1082(c) of this subpart.
    (f) Each cover opening shall be secured in a closed, sealed 
position (e.g., covered by a gasketed lid) at all times that hazardous 
waste is in the tank except when it is necessary to use the cover 
opening to:
    (1) Add, remove, inspect, or sample the material in the tank;
    (2) Inspect, maintain, repair, or replace equipment located inside 
the tank; or
    (3) Vent gases or vapors from the tank to a closed-vent system 
connected to a control device that is designed and operated in 
accordance with the requirements of Sec. 264.1087 of this subpart.
    (g) One or more safety devices which vent directly to the 
atmosphere may be used on the tank, cover, closed-vent system, or 
control device provided each safety device meets all of the following 
conditions:
    (1) The safety device is not used for planned or routine venting of 
organic vapors from the tank or closed-vent system connected to a 
control device; and
    (2) The safety device remains in a closed, sealed position at all 
times except when an unplanned event requires that the device open for 
the purpose of preventing physical damage or permanent deformation of 
the tank, cover, closed-vent system, or control device in accordance 
with good engineering and safety practices for handling flammable, 
combustible, explosive, or other hazardous materials. An example of an 
unplanned event is a sudden power outage.


Sec. 264.1085  Standards: Surface impoundments.

    (a) This section applies to owners and operators of surface 
impoundments subject to this subpart into which any hazardous waste is 
placed except for the following surface impoundments:
    (1) A surface impoundment in which all hazardous waste entering the 
surface impoundment meets the conditions specified in Sec. 264.1082(c) 
of this subpart; or
    (2) A surface impoundment used for biological treatment of 
hazardous waste in accordance with the requirements of 
Sec. 264.1082(c)(2)(iv) of this subpart.
    (b) The owner or operator shall place the hazardous waste into a 
surface impoundment equipped with a cover (e.g., an air-supported 
structure or a rigid cover) that is vented through a closed-vent system 
to a control device meeting the requirements specified in paragraph (d) 
of this section.
    (c) As an alternative to complying with paragraph (b) of this 
section, an owner or operator may place hazardous waste in a surface 
impoundment equipped with a floating membrane cover meeting the 
requirements specified in paragraph (e) of this section when the 
hazardous waste is determined to meet all of the following conditions:
    (1) The hazardous waste is neither mixed, stirred, agitated, nor 
circulated within the surface impoundment by the owner or operator 
using a process that results in splashing, frothing, or visible 
turbulent flow on the waste surface during normal process operations;
    (2) The hazardous waste in the surface impoundment is not heated by 
the owner or operator; and
    (3) The hazardous waste is not treated by the owner or operator 
using a waste stabilization process or a process that produces an 
exothermic reaction.
    (d) To comply with paragraph (b)(1) of this section, the owner or 
operator shall design, install, operate, and maintain a cover that 
vents the organic vapors emitted from hazardous waste in the surface 
impoundment through a closed- vent system connected to a control 
device.
    (1) The cover shall be designed and operated to meet the following 
requirements:
    (i) The cover and all cover openings (e.g., access hatches, 
sampling ports, and gauge wells) shall be designed to operate with no 
detectable organic emissions when all cover openings are secured in a 
closed, sealed position.
    (ii) Each cover opening shall be secured in the closed, sealed 
position (e.g., covered by a gasketed lid or cap) at all times that 
hazardous waste is in the surface impoundment except as provided for in 
paragraph (g) of this section.
    (iii) The closed-vent system and control device shall be designed 
and operated in accordance with Sec. 264.1087 of this subpart.
    (e) To comply with paragraph (c) of this section, the owner or 
operator shall design, install, operate, and maintain a floating 
membrane cover that meets all of the requirements specified in 40 CFR 
265.1086(e)(1) through (e)(4).
    (f) The owner or operator shall install, operate, and maintain 
enclosed pipes or other closed-systems, EPA considers a drain system 
that meets the requirements of 40 CFR 61.346(a)(1) or 40 CFR 
61.346(b)(1) through (b)(3) to be a ``closed system'', to:
    (1) Transfer all hazardous waste to the surface impoundment from 
another tank, surface impoundment, or container subject to this subpart 
except for those hazardous wastes that meet the conditions specified in 
Sec. 264.1082(c) of this subpart; and
    (2) Transfer all hazardous waste from the surface impoundment to 
another tank, surface impoundment, or container subject to this subpart 
except for those hazardous wastes that meet the conditions specified in 
Sec. 264.1082(c) of this subpart.
    (g) Each cover opening shall be secured in the closed, sealed 
position (e.g., a cover by a gasketed lid or cap) at all times that 
hazardous waste is in the surface impoundment except when it is 
necessary to use the cover opening to:
    (1) Add, remove, inspect, or sample the material in the surface 
impoundment;
    (2) Inspect, maintain, repair, or replace equipment located 
underneath the cover;
    (3) Remove treatment residues from the surface impoundment in 
accordance with the requirements of 40 CFR 268.4; or
    (4) Vent gases or vapors from the surface impoundment to a closed-
vent system connected to a control device that is designed and operated 
in accordance with the requirements of Sec. 264.1087 of this subpart.
    (h) One or more safety devices that vent directly to the atmosphere 
may be installed on the cover, closed-vent system, or control device 
provided each device meets all of the following conditions:
    (1) The safety device is not used for planned or routine venting of 
organic vapors from the surface impoundment or the closed-vent system 
connected to a control device; and
    (2) The safety device remains in a closed, sealed position at all 
times except when an unplanned event requires that the device open for 
the purpose of preventing physical damage or permanent deformation of 
the cover, closed-vent system, or control device in accordance with 
good engineering and safety practices for handling flammable, 
combustible, explosive, or other hazardous materials. An example of an 
unplanned event is a sudden power outage.


Sec. 264.1086  Standards: Containers.

    (a) This section applies to the owners and operators of containers 
having design capacities greater than 0.1 m3 subject to this 
subpart into which any hazardous waste is placed except for a container 
in which all hazardous waste entering the container meets the 
conditions specified in Sec. 264.1082(c) of this subpart.
    (b) An owner or operator shall manage hazardous waste in containers 
using the following procedures:
    (1) The owner or operator shall place the hazardous waste into one 
of the following containers except when a container is used for 
hazardous waste treatment as required by paragraph (b)(2) of this 
section:
    (i) A container that is equipped with a cover which operates with 
no detectable organic emissions when all container openings (e.g., 
lids, bungs, hatches, and sampling ports) are secured in a closed, 
sealed position. The owner or operator shall determine that a container 
operates with no detectable emissions by testing each opening on the 
container for leaks in accordance with Method 21 in 40 CFR part 60, 
appendix A the first time any portion of the hazardous waste is placed 
into the container. If a leak is detected and cannot be repaired 
immediately, the hazardous waste shall be removed from the container 
and the container not used to meet the requirements of this paragraph 
until the leak is repaired and the container is retested.
    (ii) A container having a design capacity less than or equal to 
0.46 m3 that is equipped with a cover and complies with all 
applicable Department of Transportation regulations on packaging 
hazardous waste for transport under 49 CFR part 178.
    (A) A container that is managed in accordance with the requirements 
of 49 CFR part 178 for the purpose of complying with this subpart is 
not subject to any exceptions to the 49 CFR part 178 regulations, 
except as noted in paragraph (b)(1)(ii)(B) of this section.
    (B) A lab pack that is managed in accordance with the requirements 
of 49 CFR part 178 for the purpose of complying with this subpart may 
comply with the exceptions for combination packagings specified in 49 
CFR 173.12(b).
    (iii) A container that is attached to or forms a part of any truck, 
trailer, or railcar; and that has been demonstrated within the 
preceding 12 months to be organic vapor tight when all container 
openings are in a closed, sealed position (e.g., the container hatches 
or lids are gasketed and latched). For the purpose of meeting the 
requirements of this paragraph, a container is organic vapor tight if 
the container sustains a pressure change of not more than 750 pascals 
within 5 minutes after it is pressurized to a minimum of 4,500 pascals. 
This condition is to be demonstrated using the pressure test specified 
in Method 27 of 40 CFR part 60, appendix A, and a pressure measurement 
device which has a precision of 2.5 mm water and which is 
capable of measuring above the pressure at which the container is to be 
tested for vapor tightness.
    (2) An owner or operator treating hazardous waste in a container by 
either a waste stabilization process, any process that requires the 
addition of heat to the waste, or any process that produces an 
exothermic reaction shall meet the following requirements:
    (i) Whenever it is necessary for the container to be open during 
the treatment process, the container shall be located inside an 
enclosure that is vented through a closed-vent system to a control 
device.
    (ii) The enclosure shall be a structure that is designed and 
operated in accordance with the following requirements:
    (A) The enclosure shall be a structure that is designed and 
operated with sufficient airflow into the structure to capture the 
organic vapors emitted from the hazardous waste in the container and 
vent the vapors through the closed-vent system to the control device.
    (B) The enclosure may have permanent or temporary openings to allow 
worker access; passage of containers through the enclosure by conveyor 
or other mechanical means; entry of permanent mechanical or electrical 
equipment; or to direct airflow into the enclosure. The pressure drop 
across each opening in the enclosure shall be maintained at a pressure 
below atmospheric pressure such that whenever an open container is 
placed inside the enclosure no organic vapors released from the 
container exit the enclosure through the opening. The owner or operator 
shall determine that an enclosure achieves this condition by measuring 
the pressure drop across each opening in the enclosure. If the pressure 
within the enclosure is equal to or greater than atmospheric pressure 
then the enclosure does not meet the requirements of this section.
    (iii) The closed-vent system and control device shall be designed 
and operated in accordance with the requirements of Sec. 264.1087 of 
this subpart.
    (3) An owner or operator transferring hazardous waste into a 
container having a design capacity greater than 0.46 m\3\ shall meet 
the following requirements:
    (i) Hazardous waste transfer by pumping shall be performed using a 
conveyance system that uses a tube (e.g., pipe, hose) to add the waste 
into the container. During transfer of the waste into the container, 
the cover shall remain in place and all container openings shall be 
maintained in a closed, sealed position except for those openings 
through which the tube enters the container and as provided for in 
paragraph (c) of this section. The tube shall be positioned in a manner 
such that either the:
    (A) Tube outlet continuously remains submerged below the waste 
surface at all times waste is flowing through the tube;
    (B) Lower bottom edge of the tube outlet is located at a distance 
no greater than two inside diameters of the tube or 15.25 cm, whichever 
distance is greater, from the bottom of the container at all times 
waste is flowing through the tube; or
    (C) Tube is connected to a permanent port mounted on the bottom of 
the container so that the lower edge of the port opening inside the 
container is located at a distance equal to or less than 15.25 cm from 
the container bottom.
    (ii) Hazardous waste transferred by a means other than pumping 
shall be performed such that during transfer of the waste into the 
container, the cover remains in place and all container openings are 
maintained in a closed, sealed position except for those openings 
through which the hazardous waste is added and as provided for in 
paragraph (d) of this section.
    (c) Each container opening shall be maintained in a closed, sealed 
position (e.g., covered by a gasketed lid) at all times that hazardous 
waste is in the container except when it is necessary to use the 
opening to:
    (1) Add, remove, inspect, or sample the material in the container;
    (2) Inspect, maintain, repair, or replace equipment located inside 
the container; or
    (3) Vent gases or vapors from a cover located over or enclosing an 
open container to a closed-vent system connected to a control device 
that is designed and operated in accordance with the requirements of 
Sec. 264.1087 of this subpart.
    (d) One or more safety devices that vent directly to the atmosphere 
may be used on the container, cover, enclosure, closed-vent system, or 
control device provided each device meets all of the following 
conditions:
    (1) The safety device is not used for planned or routine venting of 
organic vapors from the container, cover, enclosure, or closed-vent 
system connected to a control device; and
    (2) The safety device remains in a closed, sealed position at all 
times except when an unplanned event requires that the device open for 
the purpose of preventing physical damage or permanent deformation of 
the container, cover, enclosure, closed-vent system, or control device 
in accordance with good engineering and safety practices for handling 
flammable, combustible, explosive, or other hazardous materials. An 
example of an unplanned event is a sudden power outage.


Sec. 264.1087  Standards: Closed-vent systems and control devices.

    (a) This section applies to each closed-vent system and control 
device installed and operated by the owner or operator to control air 
emissions in accordance with standards of this subpart.
    (b) The closed-vent system shall meet the following requirements:
    (1) The closed-vent system shall route the gases, vapors, and fumes 
emitted from the hazardous waste in the waste management unit to a 
control device that meets the requirements specified in paragraph (c) 
of this section.
    (2) The closed-vent system shall be designed and operated in 
accordance with the requirements specified in Sec. 264.1033(k) of this 
part.
    (3) If the closed-vent system contains one or more bypass devices 
that could be used to divert all or a portion of the gases, vapors, or 
fumes from entering the control device, the owner or operator shall 
meet the following requirements:
    (i) For each bypass device except as provided for in paragraph 
(b)(3)(ii) of this section, the owner or operator shall either:
    (A) Install, calibrate, maintain, and operate a flow indicator at 
the inlet to the bypass device that indicates at least once every 15 
minutes whether gas, vapor, or fume flow is present in the bypass 
device; or
    (B) Secure a valve installed at the inlet to the bypass device in 
the closed position using a car-seal or a lock-and-key type 
configuration. The owner or operator shall visually inspect the seal or 
closure mechanism at least once every month to verify that the valve is 
maintained in the closed position.
    (ii) Low leg drains, high point bleeds, analyzer vents, open-ended 
valves or lines, and safety devices are not subject to the requirements 
of paragraph (b)(3)(i) of this section.
    (c) The control device shall meet the following requirements:
    (1) The control device shall be one of the following devices:
    (i) A control device designed and operated to reduce the total 
organic content of the inlet vapor stream vented to the control device 
by at least 95 percent by weight;
    (ii) An enclosed combustion device designed and operated in 
accordance with the requirements of Sec. 264.1033(c) of this part; or
    (iii) A flare designed and operated in accordance with the 
requirements of Sec. 264.1033(d) of this part.
    (2) The control device shall be operating at all times when gases, 
vapors, or fumes are vented from the waste management unit through the 
closed-vent system to the control device.
    (3) The owner or operator using a carbon adsorption system to 
comply with paragraph (c)(1) of this section shall operate and maintain 
the control device in accordance with the following requirements:
    (i) Following the initial startup of the control device, all 
activated carbon in the control device shall be replaced with fresh 
carbon on a regular basis in accordance with the requirements of 
Sec. 264.1033(g) or Sec. 264.1033(h) of this part.
    (ii) All carbon removed from the control device shall be managed in 
accordance with the requirements of Sec. 264.1033(m) of this part.
    (4) An owner or operator using a control device other than a 
thermal vapor incinerator, flare, boiler, process heater, condenser, or 
carbon adsorption system to comply with paragraph (c)(1) of this 
section shall operate and maintain the control device in accordance 
with the requirements of Sec. 264.1033(j) of this part.
    (5) The owner or operator shall demonstrate that a control device 
achieves the performance requirements of paragraph (c)(1) of this 
section as follows:
    (i) An owner or operator shall demonstrate using either a 
performance test as specified in paragraph (c)(5)(iii) of this section 
or a design analysis as specified in paragraph (c)(5)(iv) of this 
section the performance of each control device except for the 
following:
    (A) A flare;
    (B) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater;
    (C) A boiler or process heater into which the vent stream is 
introduced with the primary fuel;
    (D) A boiler or process heater burning hazardous waste for which 
the owner or operator has been issued a final permit under 40 CFR part 
270 and designs and operates the unit in accordance with the 
requirements of 40 CFR part 266, subpart H; or
    (E) A boiler or process heater burning hazardous waste for which 
the owner or operator has certified compliance with the interim status 
requirements of 40 CFR part 266, subpart H.
    (ii) An owner or operator shall demonstrate the performance of each 
flare in accordance with the requirements specified in 
Sec. 264.1033(e).
    (iii) For a performance test conducted to meet the requirements of 
paragraph (c)(5)(i) of this section, the owner or operator shall use 
the test methods and procedures specified in Sec. 264.1034(c)(1) 
through (c)(4).
    (iv) For a design analysis conducted to meet the requirements of 
paragraph (c)(5)(i) of this section, the design analysis shall meet the 
requirements specified in Sec. 264.1035(b)(4)(iii).
    (v) The owner or operator shall demonstrate that a carbon 
adsorption system achieves the performance requirements of paragraph 
(c)(1) of this section based on the total quantity of organics vented 
to the atmosphere from all carbon adsorption system equipment that is 
used for organic adsorption, organic desorption or carbon regeneration, 
organic recovery, and carbon disposal.
    (6) If the owner or operator and the Regional Administrator do not 
agree on a demonstration of control device performance using a design 
analysis then the disagreement shall be resolved using the results of a 
performance test performed by the owner or operator in accordance with 
the requirements of paragraph (c)(5)(iii) of this section. The Regional 
Administrator may choose to have an authorized representative observe 
the performance test.


Sec. 264.1088  Inspection and monitoring requirements.

    (a) This section applies to an owner or operator using air emission 
controls in accordance with the requirements of Sec. 264.1084 through 
Sec. 264.1087 of this subpart.
    (b) Each cover used in accordance with requirements of 
Sec. 264.1084 through Sec. 264.1086 of this subpart shall be visually 
inspected and monitored for detectable organic emissions by the owner 
or operator using the procedure specified in 40 CFR 265.1089(f)(1) 
through (f)(7) except as follows:
    (1) An owner or operator is exempted from performing the cover 
inspection and monitoring requirements specified in 40 CFR 
265.1089(f)(1) through (f)(7) for the following tank covers:
    (i) A tank internal floating roof that is inspected and monitored 
in accordance with the requirements of Sec. 264.1091 of this subpart; 
or
    (ii) A tank external floating roof that is inspected and monitored 
in accordance with the requirements of Sec. 264.1091 of this subpart.
    (2) If a tank is buried partially or entirely underground, an owner 
or operator is required to perform the cover inspection and monitoring 
requirements specified in 40 CFR 265.1089(f)(1) through (f)(7) only for 
those portions of the tank cover and those connections to the tank 
cover or tank body (e.g. fill ports, access hatches, gauge wells, etc.) 
that extend to or above the ground surface and can be opened to the 
atmosphere.
    (3) An owner or operator is exempted from performing the cover 
inspection and monitoring requirements specified in 40 CFR 
265.1089(f)(1) through (f)(7) for a container that meets all 
requirements specified in either Sec. 264.1086(b)(1)(ii) or 
Sec. 264.1086(b)(1)(iii) of this subpart.
    (4) An owner or operator is exempted from performing the cover 
inspection and monitoring requirements specified in 40 CFR 
265.1089(f)(1) through (f)(7) for an enclosure used to control air 
emissions from containers in accordance with the requirements of 
Sec. 264.1086(b)(2) of this subpart.
    (c) Each closed-vent system used in accordance with the 
requirements of Sec. 264.1087 shall be inspected and monitored by the 
owner or operator in accordance with the procedure specified in 
Sec. 264.1033(k).
    (d) Each control device used in accordance with the requirements of 
Sec. 264.1087 of this subpart shall be inspected and monitored by the 
owner or operator in accordance with the procedures specified in 
Sec. 264.1033(f) and Sec. 264.1033(i).
    (e) The owner or operator shall develop and implement a written 
plan and schedule to perform all inspection and monitoring requirements 
of this section. The owner or operator shall incorporate this plan and 
schedule into the facility inspection plan required under Sec. 264.15.


Sec. 264.1089  Recordkeeping requirements.

    (a) Each owner or operator of a facility subject to requirements in 
this subpart shall record and maintain the following information as 
applicable:
    (1) Documentation for each cover installed on a tank in accordance 
with the requirements of Sec. 264.1084(b)(2) or Sec. 264.1084(b)(3) of 
this subpart that includes information prepared by the owner or 
operator or provided by the cover manufacturer or vendor describing the 
cover design, and certification by the owner or operator that the cover 
meets the applicable design specifications as listed in 40 CFR 
265.1091(c).
    (2) Documentation for each floating membrane cover installed on a 
surface impoundment in accordance with the requirements of 
Sec. 264.1085(c) of this subpart that includes information prepared by 
the owner or operator or provided by the cover manufacturer or vendor 
describing the cover design, and certification by the owner or operator 
that the cover meets the specifications listed in 40 CFR 265.1086(e).
    (3) Documentation for each enclosure used to control air emissions 
from containers in accordance with the requirements of 
Sec. 264.1086(b)(2)(i) of this subpart that includes information 
prepared by the owner or operator or provided by the manufacturer or 
vendor describing the enclosure design, and certification by the owner 
or operator that the enclosure meets the specifications listed in 
Sec. 264.1086(b)(2)(ii) of this subpart.
    (4) Documentation for each closed-vent system and control device 
installed in accordance with the requirements of Sec. 264.1087 of this 
subpart that includes:
    (i) Certification that is signed and dated by the owner or operator 
stating that the control device is designed to operate at the 
performance level documented by a design analysis as specified in 
paragraph (a)(4)(ii) of this section or by performance tests as 
specified in paragraph (a)(4)(iii) of this section when the tank, 
surface impoundment, or container is or would be operating at capacity 
or the highest level reasonably expected to occur.
    (ii) If a design analysis is used, then design documentation as 
specified in Sec. 264.1035(b)(4). The documentation shall include 
information prepared by the owner or operator or provided by the 
control device manufacturer or vendor that describes the control device 
design in accordance with Sec. 264.1035(b)(4)(iii) and certification by 
the owner or operator that the control equipment meets the applicable 
specifications.
    (iii) If performance tests are used, then a performance test plan 
as specified in Sec. 264.1035(b)(3) and all test results.
    (iv) Information as required by Sec. 264.1035(c)(1) and (c)(2).
    (5) Records for all Method 27 tests performed by the owner or 
operator for each container used to meet the requirements of 
Sec. 264.1086(b)(1)(iii) of this subpart.
    (6) Records for all visual inspections conducted in accordance with 
the requirements of Sec. 264.1088 of this subpart.
    (7) Records for all monitoring for detectable organic emissions 
conducted in accordance with the requirements of Sec. 264.1088 of this 
subpart.
    (8) Records of the date of each attempt to repair a leak, repair 
methods applied, and the date of successful repair.
    (9) Records for all continuous monitoring conducted in accordance 
with the requirements of Sec. 264.1088 of this subpart.
    (10) Records of the management of carbon removed from a carbon 
adsorption system conducted in accordance with Sec. 264.1087(c)(3)(ii) 
of this subpart.
    (11) Records for all inspections of each cover installed on a tank 
in accordance with the requirements of Sec. 264.1084(b)(2) or 
Sec. 264.1084(b)(3) of this subpart that includes information as listed 
in 40 CFR 265.1091(c).
    (b) An owner or operator electing to use air emission controls for 
a tank in accordance with the conditions specified in Sec. 264.1084(c) 
of this subpart shall record the following information:
    (1) Date and time each waste sample is collected for direct 
measurement of maximum organic vapor pressure in accordance with 
Sec. 264.1083(c) of this subpart.
    (2) Results of each determination of the maximum organic vapor 
pressure of the waste in a tank performed in accordance with 
Sec. 264.1083(c) of this subpart.
    (3) Records specifying the tank dimensions and design capacity.
    (c) An owner or operator electing to use air emission controls for 
a tank in accordance with the requirements of Sec. 264.1091 of this 
subpart shall record the information required by Sec. 264.1091(c) of 
this subpart.
    (d) An owner or operator electing not to use air emission controls 
for a particular tank, surface impoundment, or container subject to 
this subpart in accordance with the conditions specified in 
Sec. 264.1082(c) of this subpart shall record the information used by 
the owner or operator for each waste determination (e.g., test results, 
measurements, calculations, and other documentation) in the facility 
operating log. If analysis results for waste samples are used for the 
waste determination, then the owner or operator shall record the date, 
time, and location that each waste sample is collected in accordance 
with applicable requirements of Sec. 264.1083 of this subpart.
    (e) An owner or operator electing to comply with requirements in 
accordance with Sec. 264.1082(c)(2)(v) or Sec. 264.1082(c)(2)(vi) of 
this subpart shall record the identification number for the 
incinerator, boiler, or industrial furnace in which the hazardous waste 
is treated.
    (f) An owner or operator designating a cover as unsafe to inspect 
and monitor pursuant to 40 CFR 265.1089(f)(5) or difficult to inspect 
and monitor pursuant to 40 CFR 265.1089(f)(6) shall record in a log 
that is kept in the facility operating record the following 
information:
    (1) A list of identification numbers for tanks with covers that are 
designated as unsafe to inspect and monitor in accordance with the 
requirements of 40 CFR 265.1089(f)(5), an explanation for each cover 
stating why the cover is unsafe to inspect and monitor, and the plan 
and schedule for inspecting and monitoring each cover.
    (2) A list of identification numbers for tanks with covers that are 
designated as difficult to inspect and monitor in accordance with the 
requirements of 40 CFR 265.1089(f)(6), an explanation for each cover 
stating why the cover is difficult to inspect and monitor, and the plan 
and schedule for inspecting and monitoring each cover.
    (g) All records required by paragraphs (a) through (f) of this 
section except as required in paragraphs (a)(1) through (a)(4) of this 
section shall be maintained in the operating record for a minimum of 3 
years. All records required by paragraphs (a)(1) through (a)(4) of this 
section shall be maintained in the operating record until the air 
emission control equipment is replaced or otherwise no longer in 
service.
    (h) The owner or operator of a facility that is subject to this 
subpart and to the control device standards in 40 CFR part 60, subpart 
VV or 40 CFR part 61, subpart V may elect to demonstrate compliance 
with the applicable sections of this subpart by documentation either 
pursuant to this subpart, or pursuant to the provisions of 40 CFR part 
60, subpart VV or 40 CFR part 61, subpart V, to the extent that the 
documentation required by 40 CFR parts 60 or 61 duplicates the 
documentation required by this section.


Sec. 264.1090  Reporting requirements.

    (a) Each owner or operator managing hazardous waste in a tank, 
surface impoundment, or container exempted from using air emission 
controls under the provisions of Sec. 264.1082(c) shall report to the 
Regional Administrator each occurrence when hazardous waste is placed 
in the waste management unit in noncompliance with the conditions 
specified in Sec. 264.1082(c)(1) or (c)(2) of this subpart, as 
applicable. Examples of such occurrences include placing in the waste 
management unit a hazardous waste having an average VO concentration 
equal to or greater than 100 ppmw at the point of waste origination; or 
placing in the waste management unit a treated hazardous waste which 
fails to meet the applicable conditions specified in 
Sec. 264.1082(c)(2)(i) through (c)(2)(v) of this subpart. The owner or 
operator shall submit a written report within 15 calendar days of the 
time that the owner or operator becomes aware of the occurrence. The 
written report shall contain the EPA identification number, facility 
name and address, a description of the noncompliance event and the 
cause, the dates of the noncompliance, and the actions taken to correct 
the noncompliance and prevent reoccurrence of the noncompliance. The 
report shall be signed and dated by an authorized representative of the 
owner or operator.
    (b) Each owner or operator using air emission controls on a tank in 
accordance with the requirements Sec. 264.1084(c) of this subpart shall 
report to the Regional Administrator each occurrence when hazardous 
waste is managed in the tank in noncompliance with the conditions 
specified in Sec. 264.1084(c)(1) through (c)(4) of this subpart. The 
owner or operator shall submit a written report within 15 calendar days 
of the time that the owner or operator becomes aware of the occurrence. 
The written report shall contain the EPA identification number, 
facility name and address, a description of the noncompliance event and 
the cause, the dates of the noncompliance, and the actions taken to 
correct the noncompliance and prevent reoccurrence of the 
noncompliance. The report shall be signed and dated by an authorized 
representative of the owner or operator.
    (c) Each owner or operator using a control device in accordance 
with the requirements of Sec. 264.1087 of this subpart shall submit a 
semiannual written report to the Regional Administrator excepted as 
provided for in paragraph (d) of this section. The report shall 
describe each occurrence during the previous 6-month period when a 
control device is operated continuously for 24 hours or longer in 
noncompliance with the applicable operating values defined in 
Sec. 264.1035(c)(4) or when a flare is operated with visible emissions 
as defined in Sec. 264.1033(d). The written report shall include the 
EPA identification number, facility name and address, and an 
explanation why the control device could not be returned to compliance 
within 24 hours, and actions taken to correct the noncompliance. The 
report shall be signed and dated by an authorized representative of the 
owner or operator.
    (d) A report to the Regional Administrator in accordance with the 
requirements of paragraph (c) of this section is not required for a 6-
month period during which all control devices subject to this subpart 
are operated by the owner or operator such that during no period of 24 
hours or longer did a control device operate continuously in 
noncompliance with the applicable operating values defined in 
Sec. 264.1035(c)(4) or a flare operate with visible emissions as 
defined in Sec. 264.1033(d).


Sec. 264.1091  Alternative control requirements for tanks.

    (a) This section applies to owners and operators of tanks electing 
to comply with Sec. 264.1084(b)(2) or Sec. 264.1084(b)(3) of this 
subpart.
    (1) The owner or operator electing to comply with 
Sec. 264.1084(b)(2) of this subpart shall design, install, operate, and 
maintain a fixed roof and internal floating roof that meet the 
requirements specified in 40 CFR 265.1091(a)(1)(i) through (a)(1)(ix).
    (2) The owner or operator electing to comply with 
Sec. 264.1084(b)(3) of this subpart shall design, install, operate, and 
maintain an external floating roof that meets the requirements 
specified in 40 CFR 265.1091(a)(2)(i) through (a)(2)(iii).
    (b) The owner or operator shall inspect and monitor the control 
equipment in accordance with the following requirements:
    (1) For a tank equipped with a fixed roof and internal floating 
roof in accordance with the requirements of paragraph (a)(1) of this 
section, the owner or operator shall perform the inspection and 
monitoring requirements specified in 40 CFR 265.1091(b)(1).
    (2) For a tank equipped with an external floating roof in 
accordance with the requirements of paragraph (a)(2) of this section, 
the owner or operator shall perform the inspection and monitoring 
requirements specified in 40 CFR 265.1091(b)(2).
    (c) The owner or operator shall record the following information in 
the operating record in accordance with the requirements of 
Sec. 264.1089(a)(1) and (a)(11) of this subpart:
    (1) For a tank equipped with a fixed roof and internal floating 
roof in accordance with the requirements of paragraph (a)(1) of this 
section, the owner or operator shall record the information listed in 
40 CFR 265.1091(c)(1).
    (2) For a tank equipped with an external floating roof in 
accordance with the requirements of paragraph (a)(1) of this section, 
the owner or operator shall record the information listed in 40 CFR 
265.1091(c)(2).

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

    21. The authority citation for part 265 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6924, 6925, and 6935.

Subpart A--General

    22. Section 265.1(b) is amended by revising the first sentence to 
read as follows:


Sec. 265.1  Purpose, scope, and applicability.

* * * * *
    (b) Except as provided in Sec. 265.1080(b), the standards of this 
part, and of 40 CFR 264.552 and 40 CFR 264.553, apply to owners and 
operators of facilities that treat, store or dispose of hazardous waste 
who have fully complied with the requirements for interim status under 
section 3005(e) of RCRA and Sec. 270.10 of this chapter until either a 
permit is issued under section 3005 of RCRA or until applicable part 
265 closure and post-closure responsibilities are fulfilled, and to 
those owners and operators of facilities in existence on November 19, 
1980 who have failed to provide timely notification as required by 
section 3010(a) of RCRA and/or failed to file Part A of the permit 
application as required by 40 CFR 270.10 (e) and (g). * * *
* * * * *

Subpart B--General Facility Standards


Sec. 265.13  [Amended]

    23. In Sec. 265.13, paragraph (b)(6) is amended by adding 
``265.1084,'' after the phrase ``as specified in Secs. 265.200, 
265.225, 265.252, 265.273, 265.314, 265.341, 265.375, 265.402, 
265.1034(d), 265.1063(d),''.
    24. In Sec. 265.13, paragraph (b)(8) is added to read as follows:


Sec. 265.13  General waste analysis.

* * * * *
    (b) * * *
    (8) For owners and operators seeking an exemption to the air 
emission standards of Subpart CC of this part in accordance with 
Sec. 265.1083--
    (i) The procedures and schedules for waste sampling and analysis, 
and the analysis of test data to verify the exemption.
    (ii) Each generator's notice and certification of the volatile 
organic concentration in the waste if the waste is received from 
offsite.
* * * * *


Sec. 265.15  [Amended]

    25. In Sec. 265.15, paragraph (b)(4) is amended by removing the 
word ``and'' after the phrase ``frequencies called for in 
Secs. 265.174, 265.193, 265.195, 265.226, 265.260, 265.278, 265.304, 
265.347, 265.377, 265.403, 265.1033, 265.1052, 265.1053,'' and adding 
``265.1089, and 265.1091(b),'' after ``265.1058,''.

Subpart E--Manifest System, Recordkeeping, and Reporting

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


Sec. 265.73  Operating record.

* * * * *
    (b) * * *
    (3) Records and results of waste analysis, waste determinations, 
and trial tests performed as specified in Secs. 265.13, 265.200, 
265.225, 265.252, 265.273, 265.314, 265.341, 265.375, 265.402, 
265.1034, 265.1063, 265.1084, 268.4(a), and 268.7 of this chapter.
* * * * *
    (6) Monitoring, testing or analytical data when required by 
Secs. 265.19, 265.90, 265.94, 265.191, 265.193, 265.195, 265.222, 
265.223, 265.226, 265.255, 265.259, 265.260, 265.276, 265.278, 
265.280(d)(1), 265.302 through 265.304, 265.347, 265.377, 265.1034(c) 
through 265.1034(f), 265.1035, 265.1063(d) through 265.1063(i), 
265.1064, 265.1089, 265.1090, and 265.1091.
* * * * *
    27. Section 265.77 is amended by revising paragraph (d) to read as 
follows:


Sec. 265.77  Additional reports.

* * * * *
    (d) As otherwise required by Subparts AA, BB, and CC of this part.

Subpart I--Use and Management of Containers

    28. Section 265.178 is added to read as follows:


Sec. 265.178  Air emission standards.

    The owner or operator shall manage all hazardous waste placed in a 
container in accordance with the requirements of subpart CC of this 
part.

Subpart J--Tank Systems

    29. Section 265.202 is added to read as follows:


Sec. 265.202  Air emission standards.

    The owner or operator shall manage all hazardous waste placed in a 
tank in accordance with the requirements of subparts AA, BB, and CC of 
this part.

Subpart K--Surface Impoundments

    30. Section 265.231 is added to read as follows:


Sec. 265.231  Air emission standards.

    The owner or operator shall manage all hazardous waste placed in a 
surface impoundment in accordance with the requirements of subpart CC 
of this part.

Subpart AA--Air Emission Standards for Process Vents

    31. Section 265.1033 is amended by revising paragraph (j)(2) and 
adding paragraph (l) to read as follows:


Sec. 265.1033  Standards: Closed-vent systems and control devices.

* * * * *
    (j) * * *
    (2) Closed-vent systems shall be monitored to determine compliance 
with this section during the initial leak detection monitoring, which 
shall be conducted by the date that the facility becomes subject to the 
provisions of this section, annually, and at other times as requested 
by the Regional Administrator. For the annual leak detection monitoring 
after the initial leak detection monitoring, the owner or operator is 
not required to monitor those closed-vent system components which 
continuously operate in vacuum service or those closed-vent system 
joints, seams, or other connections that are permanently or semi-
permanently sealed (e.g., a welded joint between two sections of metal 
pipe or a bolted and gasketed pipe flange).
* * * * *
    (l) The owner or operator using a carbon adsorption system shall 
document that all carbon removed from the control device is managed in 
one of the following manners:
    (1) Regenerated or reactivated in a thermal treatment unit that is 
permitted under subpart X of 40 CFR part 264 or subpart P of this part;
    (2) Incinerated by a process that is permitted under subpart O of 
40 CFR part 264 or subpart O of this part; or
    (3) Burned in a boiler or industrial furnace that is permitted 
under subpart H of part 266 of this chapter.
    32. In 40 CFR part 265, subpart CC is added to read as follows:
Subpart CC--Air Emission Standards for Tanks, Surface Impoundments, and 
Containers
Sec.
265.1080  Applicability.
265.1081  Definitions.
265.1082  Schedule for implementation of air emission standards.
265.1083  Standards: General.
265.1084  Waste determination procedures.
265.1085  Standards: Tanks.
265.1086  Standards: Surface impoundments.
265.1087  Standards: Containers.
265.1088  Standards: Closed-vent systems and control devices.
265.1089  Inspection and monitoring requirements.
265.1090  Recordkeeping requirements.
265.1091  Alternative tank emission control requirements.

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


Sec. 265.1080  Applicability.

    (a) The requirements of this subpart apply to owners and operators 
of all facilities that treat, store, or dispose of hazardous waste in 
tanks, surface impoundments, or containers subject to either subparts 
I, J, or K of this part except as Sec. 265.1 and paragraph (b) of this 
section provide otherwise.
    (b) The requirements of this subpart do not apply to the following 
waste management units at the facility:
    (1) A waste management unit that holds hazardous waste placed in 
the unit before June 5, 1995, and in which no hazardous waste is added 
to the unit on or after June 5, 1995.
    (2) A container that has a design capacity less than or equal to 
0.1 m\3\.
    (3) A tank in which an owner or operator has stopped adding 
hazardous waste and the owner or operator has begun implementing or 
completed closure pursuant to an approved closure plan.
    (4) A surface impoundment in which an owner or operator has stopped 
adding hazardous waste (except to implement an approved closure plan) 
and the owner or operator has begun implementing or completed closure 
pursuant to an approved closure plan.
    (5) A waste management unit that is used solely for on-site 
treatment or storage of hazardous waste that is generated as the result 
of implementing remedial activities required under the RCRA corrective 
action authorities of 3004(u), 3004(v) or 3008(h), CERCLA authorities, 
or similar Federal or State authorities.
    (6) A waste management unit that is used solely for the management 
of radioactive mixed waste in accordance with all applicable 
regulations under the authority of the Atomic Energy Act and the 
Nuclear Waste Policy Act.
    (c) For the owner and operator of a facility subject to this 
subpart who has received a final permit under RCRA section 3005 prior 
to June 5, 1995, the following requirements apply:
    (1) The requirements of 40 CFR part 264, subpart CC shall be 
incorporated into the permit when the permit is reissued in accordance 
with the requirements of 40 CFR 124.15 or reviewed in accordance with 
the requirements of 40 CFR 270.50(d).
    (2) Until the date when the permit is reissued in accordance with 
the requirements of 40 CFR 124.15 or reviewed in accordance with the 
requirements of 40 CFR 270.50(d), the owner and operator is subject to 
the requirements of this subpart.


Sec. 265.1081  Definitions.

    As used in this subpart, all terms not defined herein shall have 
the meaning given to them in the Act and parts 260 through 266 of this 
chapter.
    Average volatile organic concentration or average VO concentration 
means the mass-weighted average volatile organic concentration of a 
hazardous waste as determined in accordance with the requirements of 
Sec. 265.1084 of this subpart.
    Cover means a device or system which is placed on or over a 
hazardous waste such that the entire hazardous waste surface area is 
enclosed and sealed to reduce air emissions to the atmosphere. A cover 
may have openings such as access hatches, sampling ports, and gauge 
wells that are necessary for operation, inspection, maintenance, or 
repair of the unit on which the cover is installed provided that each 
opening is closed and sealed when not in use. Examples of covers 
include a fixed roof installed on a tank, a floating membrane cover 
installed on a surface impoundment, a lid installed on a drum, and an 
enclosure in which an open container is placed during waste treatment.
    External floating roof means a pontoon or double-deck type floating 
roof that rests on the surface of a hazardous waste being managed in a 
tank that has no fixed roof.
    Fixed roof means a rigid cover that is installed in a stationary 
position so that it does not move with fluctuations in the level of the 
hazardous waste placed in a tank.
    Floating membrane cover means a cover consisting of a synthetic 
flexible membrane material that rests upon and is supported by the 
hazardous waste being managed in a surface impoundment.
    Floating roof means a pontoon-type or double-deck type cover that 
rests upon and is supported by the hazardous waste being managed in a 
tank, and is equipped with a closure seal or seals to close the space 
between the cover edge and the tank wall.
    Internal floating roof means a floating roof that rests or floats 
on the surface (but not necessarily in complete contact with it) of a 
hazardous waste being managed in a tank that has a fixed roof.
    Liquid-mounted seal means a foam or liquid-filled primary seal 
mounted in contact with the hazardous waste between the tank wall and 
the floating roof continuously around the circumference of the tank.
    Maximum organic vapor pressure means the equilibrium partial 
pressure exerted by the hazardous waste contained in a tank determined 
at the temperature equal to either: (1) the local maximum monthly 
average temperature as reported by the National Weather Service when 
the hazardous waste is stored or treated at ambient temperature; or (2) 
the highest calendar-month average temperature of the hazardous waste 
when the hazardous waste is stored at temperatures above the ambient 
temperature or when the hazardous waste is stored or treated at 
temperatures below the ambient temperature.
    No detectable organic emissions means no escape of organics from a 
device or system to the atmosphere as determined by an instrument 
reading less than 500 parts per million by volume (ppmv) above the 
background level at each joint, fitting, and seal when measured in 
accordance with the requirements of Method 21 in 40 CFR part 60, 
appendix A, and by no visible openings or defects in the device or 
system such as rips, tears, or gaps.
    Point of waste origination means as follows:
    (1) When the facility owner or operator is the generator of the 
hazardous waste, the point of waste origination means the point where a 
solid waste produced by a system, process, or waste management unit is 
determined to be a hazardous waste as defined in 40 CFR part 261.

    [Note: In this case, this term is being used in a manner similar 
to the use of the term ``point of generation'' in air standards 
established for waste management operations under authority of the 
Clean Air Act in 40 CFR parts 60, 61, and 63].

    (2) When the facility owner and operator are not the generator of 
the hazardous waste, point of waste origination means the point where 
the owner or operator accepts delivery or takes possession of the 
hazardous waste.
    Point of waste treatment means the point where a hazardous waste 
exits a waste management unit used to destroy, degrade, or remove 
organics in the hazardous waste.
    Vapor-mounted seal means a foam-filled primary seal mounted 
continuously around the circumference of the tank so that there is an 
annular vapor space underneath the seal. The annular vapor space is 
bounded by the bottom of the primary seal, the tank wall, the hazardous 
waste surface, and the floating roof.
    Volatile organic concentration or VO concentration means the 
fraction by weight of organic compounds in a hazardous waste expressed 
in terms of parts per million (ppmw) as determined by direct 
measurement using Method 25D or by knowledge of the waste in accordance 
with the requirements of Sec. 265.1084 of this subpart.
    Waste determination means performing all applicable procedures in 
accordance with the requirements of Sec. 265.1084 of this subpart to 
determine whether a hazardous waste meets standards specified in this 
subpart. Examples of a waste determination include performing the 
procedures in accordance with the requirements of Sec. 265.1084 of this 
subpart to determine the average VO concentration of a hazardous waste 
at the point of waste origination; the average VO concentration of a 
hazardous waste at the point of waste treatment and comparing the 
results to the exit concentration limit specified for the process used 
to treat the hazardous waste; determining the organic reduction 
efficiency and the organic biodegradation efficiency for a biological 
process used to treat a hazardous waste and comparing the results to 
the applicable standards; or the maximum volatile organic vapor 
pressure for a hazardous waste in a tank and comparing the results to 
the applicable standards.
    Waste stabilization process means any physical or chemical process 
used to either reduce the mobility of hazardous constituents in a 
hazardous waste or eliminate free liquids as determined by Test Method 
9095 (Paint Filter Liquids Test) in ``Test Methods for Evaluating Solid 
Waste, Physical/Chemical Methods,'' EPA Publication No. SW-846, Third 
Edition, September 1986, as amended by Update I, November 15, 1992 
(incorporated by reference--refer to Sec. 260.11 of this chapter). A 
waste stabilization process includes mixing the hazardous waste with 
binders or other materials, and curing the resulting hazardous waste 
and binder mixture. Other synonymous terms used to refer to this 
process are ``waste fixation'' or ``waste solidification.''


Sec. 265.1082  Schedule for implementation of air emission standards.

    (a) Owners or operators of facilities existing on June 5, 1995, and 
subject to subparts I, J, and K of this part shall meet the following 
requirements:
    (1) Install and begin operation of all control equipment required 
by this subpart by June 5, 1995, except as provided for in paragraph 
(a)(2) of this section.
    (2) When control equipment required by this subpart cannot be 
installed and in operation by June 5, 1995, the owner or operator 
shall:
    (i) Install and begin operation of the control equipment as soon as 
possible but no later than December 8, 1997.
    (ii) Prepare an implementation schedule that includes the following 
information: specific calendar dates for award of contracts or issuance 
of purchase orders for the control equipment, initiation of on-site 
installation of the control equipment, completion of the control 
equipment installation, and performance of any testing to demonstrate 
that the installed equipment meets the applicable standards of this 
subpart.
    (iii) For facilities subject to the recordkeeping requirements of 
Sec. 265.73 of this part, the owner or operator shall enter the 
implementation schedule specified in paragraph (a)(2)(ii) of this 
section in the operating record no later than June 5, 1995.
    (iv) For facilities not subject to Sec. 265.73 of this part, the 
owner or operator shall enter the implementation schedule specified in 
paragraph (a)(2)(ii) of this section in a permanent, readily available 
file located at the facility no later than June 5, 1995.
    (b) Owners or operators of facilities in existence on the effective 
date of statutory or regulatory amendments under the Act that render 
the facility subject to subparts I, J, or K of this part shall meet the 
following requirements:
    (1) Install and begin operation of all control equipment required 
by this subpart by the effective date of the amendment except as 
provided for in paragraph (b)(2) of this section.
    (2) When control equipment required by this subpart cannot be 
installed and begin operation by the effective date of the amendment, 
the owner or operator shall:
    (i) Install and operate the control equipment as soon as possible 
but no later than 30 months after the effective date of the amendment.
    (ii) For facilities subject to the recordkeeping requirements of 
Sec. 265.73, enter and maintain the implementation schedule specified 
in paragraph (a)(2)(ii) of this section in the operating record no 
later than the effective date of the amendment, or
    (iii) For facilities not subject to Sec. 265.73, the owner or 
operator shall enter and maintain the implementation schedule specified 
in paragraph (a)(2)(ii) of this section in a permanent, readily 
available file located at the facility site no later than the effective 
date of the amendment.
    (c) The Regional Administrator may elect to extend the 
implementation date for control equipment at a facility, on a case by 
case basis, to a date later than December 8, 1997, when special 
circumstances that are beyond the facility owner's or operator's 
control delay installation or operation of control equipment and the 
owner or operator has made all reasonable and prudent attempts to 
comply with the requirements of this subpart.


Sec. 265.1083  Standards: General.

    (a) This section applies to the management of hazardous waste in 
tanks, surface impoundments, and containers subject to this subpart.
    (b) The owner or operator shall control air emissions from each 
waste management unit in accordance with standards specified in 
Sec. 265.1085 through Sec. 265.1088 of this subpart, as applicable to 
the waste management unit, except as provided for in paragraph (c) of 
this section.
    (c) A waste management unit is exempted from standards specified in 
Sec. 265.1085 through Sec. 265.1088 of this subpart provided that all 
hazardous waste placed in the waste management unit is determined by 
the owner or operator to meet either of the following conditions:
    (1) The average VO concentration of the hazardous waste at the 
point of waste origination is less than 100 parts per million by weight 
(ppmw). The average VO concentration shall be determined by the 
procedures specified in Sec. 265.1084(a) of this subpart.
    (2) The organic content of the hazardous waste has been reduced by 
an organic destruction or removal process that achieves any one of the 
following conditions:
    (i) A process that removes or destroys the organics contained in 
the hazardous waste to a level such that the average VO concentration 
of the hazardous waste at the point of waste treatment is less than the 
exit concentration limit (Ct) established for the process. The 
average VO concentration of the hazardous waste at the point of waste 
treatment and the exit concentration limit for the process shall be 
determined using the procedures specified in Sec. 265.1084(b) of this 
subpart.
    (ii) A process that removes or destroys the organics contained in 
the hazardous waste to a level such that the organic reduction 
efficiency (R) for the process is equal to or greater than 95 percent, 
and the average VO concentration of the hazardous waste at the point of 
waste treatment is less than 50 ppmw. The organic reduction efficiency 
for the process and the average VO concentration of the hazardous waste 
at the point of waste treatment shall be determined using the 
procedures specified in Sec. 265.1084(b) of this subpart.
    (iii) A process that removes or destroys the organics contained in 
the hazardous waste to a level such that the actual organic mass 
removal rate (MR) for the process is greater than the required organic 
mass removal rate (RMR) established for the process. The required 
organic mass removal rate and the actual organic mass removal rate for 
the process shall be determined using the procedures specified in 
Sec. 265.1084(b) of this subpart.
    (iv) A biological process that destroys or degrades the organics 
contained in the hazardous waste, such that either of the following 
conditions is met:
    (A) The organic reduction efficiency (R) for the process is equal 
to or greater than 95 percent, and the organic biodegradation 
efficiency (Rbio) for the process is equal to or greater than 95 
percent. The organic reduction efficiency and the organic 
biodegradation efficiency for the process shall be determined in 
accordance with the procedures specified in Sec. 265.1084(b) of this 
subpart.
    (B) The total actual organic mass biodegradation rate (MRbio) 
for all hazardous waste treated by the process is equal to or greater 
than the required organic mass removal rate (RMR). The required organic 
mass removal rate and the actual organic mass biodegradation rate for 
the process shall be determined using the procedures specified in 
Sec. 265.1084(b) of this subpart.
    (v) A process that removes or destroys the organics contained in 
the hazardous waste and meets all of the following conditions:
    (A) All of the materials entering the process are hazardous wastes.
    (B) From the point of waste origination through the point where the 
hazardous waste enters the process, the hazardous waste is continuously 
managed in waste management units which use air emission controls in 
accordance with the standards specified in Sec. 265.1085 through 
Sec. 265.1088 of this subpart, as applicable to the waste management 
unit.
    (C) The average VO concentration of the hazardous waste at the 
point of waste treatment is less than the lowest average VO 
concentration at the point of waste origination determined for each of 
the individual hazardous waste streams entering the process or 100 
ppmw, whichever value is lower. The average VO concentration of each 
individual hazardous waste stream at the point of waste origination 
shall be determined using the procedure specified in Sec. 265.1084(a) 
of this subpart. The average VO concentration of the hazardous waste at 
the point of waste treatment shall be determined using the procedure 
specified in Sec. 265.1084(b) of this subpart.
    (vi) A hazardous waste incinerator for which the owner or operator 
has either:
    (A) Been issued a final permit under 40 CFR part 270, and designs 
and operates the unit in accordance with the requirements of 40 CFR 
part 264, subpart O; or
    (B) Has certified compliance with the interim status requirements 
of subpart O of this part.
    (vii) A boiler or industrial furnace for which the owner or 
operator has either:
    (A) Been issued a final permit under 40 CFR part 270, and designs 
and operates the unit in accordance with the requirements of 40 CFR 
part 266, subpart H, or
    (B) Has certified compliance with the interim status requirements 
of 40 CFR part 266, subpart H.
    (d) When a process is used for the purpose of treating a hazardous 
waste to meet one of the sets of conditions specified in paragraphs 
(c)(2)(i) through (c)(2)(v) of this section, each material removed from 
or exiting the process that is not a hazardous waste but has an average 
VO concentration equal to or greater than 100 ppmw shall be managed in 
a waste management unit in accordance with the requirements of 
paragraph (b) of this section.
    (e) The Regional Administrator may at any time perform or request 
that the owner or operator perform a waste determination for a 
hazardous waste managed in a tank, surface impoundment, or container 
exempted from using air emission controls under the provisions of this 
section as follows:
    (1) The waste determination for average VO concentration of a 
hazardous waste at the point of waste origination shall be performed 
using direct measurement in accordance with the applicable requirements 
of Sec. 265.1084(a) of this subpart. The waste determination for a 
hazardous waste at the point of waste treatment shall be performed in 
accordance with the applicable requirements of Sec. 265.1084(b) of this 
subpart.
    (2) In a case when the owner or operator is requested to perform 
the waste determination, the Regional Administrator may elect to have 
an authorized representative observe the collection of the hazardous 
waste samples used for the analysis.
    (3) In a case when the results of the waste determination performed 
or requested by the Regional Administrator do not agree with the 
results of a waste determination performed by the owner or operator 
using knowledge of the waste, then the results of the waste 
determination performed in accordance with the requirements of 
paragraph (e)(1) of this section shall be used to establish compliance 
with the requirements of this subpart.
    (4) In a case when the owner or operator has used an averaging 
period greater than 1 hour for determining the average VO concentration 
of a hazardous waste at the point of waste origination, the Regional 
Administrator may elect to establish compliance with this subpart by 
performing or requesting that the owner or operator perform a waste 
determination using direct measurement based on waste samples collected 
within a 1-hour period as follows:
    (i) The average VO concentration of the hazardous waste at the 
point of waste origination shall be determined by direct measurement in 
accordance with the requirements of Sec. 265.1084(a) of this subpart.
    (ii) Results of the waste determination performed or requested by 
the Regional Administrator showing that the average VO concentration of 
the hazardous waste at the point of waste origination is equal to or 
greater than 100 ppmw shall constitute noncompliance with this subpart 
except in a case as provided for in paragraph (e)(4)(iii) of this 
section.
    (iii) For the case when the average VO concentration of the 
hazardous waste at the point of waste origination previously has been 
determined by the owner or operator using an averaging period greater 
than 1 hour to be less than 100 ppmw but because of normal operating 
process variations the VO concentration of the hazardous waste 
determined by direct measurement for any given 1-hour period may be 
equal to or greater than 100 ppmw, information that was used by the 
owner or operator to determine the average VO concentration of the 
hazardous waste (e.g., test results, measurements, calculations, and 
other documentation) and recorded in the facility records in accordance 
with the requirements of Sec. 265.1084(a) and Sec. 265.1090 of this 
subpart shall be considered by the Regional Administrator together with 
the results of the waste determination performed or requested by the 
Regional Administrator in establishing compliance with this subpart.


Sec. 265.1084  Waste determination procedures.

    (a) Waste determination procedure for volatile organic (VO) 
concentration of a hazardous waste at the point of waste origination.
    (1) An owner or operator shall determine the average VO 
concentration at the point of waste origination for each hazardous 
waste placed in a waste management unit exempted under the provisions 
of Sec. 265.1083(c)(1) of this subpart from using air emission controls 
in accordance with standards specified in Sec. 265.1085 through 
Sec. 265.1088 of this subpart, as applicable to the waste management 
unit.
    (2) When the facility owner or operator is the generator of the 
hazardous waste, the owner or operator shall determine the average VO 
concentration of the hazardous waste using either direct measurement as 
specified in paragraph (a)(5) of this section or knowledge of the waste 
as specified in paragraph (a)(6) of this section for each hazardous 
waste generated as follows:
    (i) When the hazardous waste is generated as part of a continuous 
process, the owner or operator shall:
    (A) Perform an initial waste determination of the average VO 
concentration of the waste stream before the first time any portion of 
the material in the waste stream is placed in a waste management unit 
subject to this subpart, and thereafter update the information used for 
the waste determination at least once every 12 months following the 
date of the initial waste determination; and
    (B) Perform a new waste determination whenever changes to the 
source generating the waste stream are reasonably likely to cause the 
average VO concentration of the hazardous waste to increase to a level 
that is equal to or greater than the applicable VO concentration limits 
specified in Sec. 265.1083 of this subpart.
    (ii) When the hazardous waste is generated as part of a batch 
process that is performed repeatedly but not necessarily continuously, 
the owner or operator shall:
    (A) Perform an initial waste determination of the average VO 
concentration for one or more representative waste batches generated by 
the process before the first time any portion of the material in the 
batches is placed in a waste management unit subject to this subpart, 
and thereafter update the information used for the waste determination 
at least once every 12 months following the date of the initial waste 
determination; and
    (B) Perform a new waste determination whenever changes to the 
process generating the waste batches are reasonably likely to cause the 
average VO concentration of the hazardous waste to increase to a level 
that is equal to or greater than the applicable VO concentration limits 
specified in Sec. 265.1083 of this subpart.
    (3) When the facility owner and operator is not the generator of 
the hazardous waste, the owner or operator shall determine the average 
VO concentration of the hazardous waste using either direct measurement 
as specified in paragraph (a)(5) of this section or knowledge of the 
waste as specified in paragraph (a)(6) of this section for each 
hazardous waste entering the facility as follows:
    (i) When the hazardous waste enters the facility as a continuous 
flow of material through a pipeline or other means (e.g., wastewater 
stream), the owner or operator shall:
    (A) Perform an initial waste determination of the waste stream 
before the first time any portion of the material in the waste stream 
is placed in a waste management unit subject to this subpart, and 
thereafter update the information used for the waste determination at 
least once every 12 months following the date of the initial waste 
determination; and
    (B) Perform a new waste determination whenever changes to the 
source generating the waste stream are reasonably likely to cause the 
average VO concentration of the hazardous waste to increase to a level 
that is equal to or greater than the applicable VO concentration limits 
specified in Sec. 265.1083 of this subpart.
    (ii) When the hazardous waste enters the facility in a container, 
the owner or operator shall perform a waste determination for the 
material held in each container.
    (4) For the case when the average VO concentration of the hazardous 
waste is determined by the owner or operator to be less than 100 ppmw, 
but because of normal operating variations in the source or process 
generating the hazardous waste the VO concentration of the hazardous 
waste may be equal to or greater than 100 ppmw at any given time during 
the averaging period, the owner or operator shall prepare and enter in 
the facility operating record information that specifies the following:
    (i) The maximum and minimum VO concentration values for the 
hazardous waste that occur during that averaging period used for the 
waste determination;
    (ii) The operating conditions or circumstances under which the VO 
concentration of the hazardous waste will be equal to or greater than 
100 ppmw, and;
    (iii) The information and calculations used by the owner or 
operator to determine the average VO concentration of the hazardous 
waste.
    (5) Procedure for using direct measurement to determine average VO 
concentration of a hazardous waste at the point of waste origination.
    (i) The owner or operator shall identify and record the point of 
waste origination for the hazardous waste. All waste samples used to 
determine the average VO concentration of the hazardous waste shall be 
collected at this point.
    (ii) The owner or operator shall designate and record the averaging 
period to be used for determining the average VO concentration for the 
hazardous waste. The averaging period shall not exceed 1 year. An 
initial waste determination shall be performed for each averaging 
period.
    (iii) The owner or operator shall identify each discrete quantity 
of the material composing the hazardous waste represented by the 
averaging period designated in paragraph (a)(5)(ii) of this section. An 
example of a discrete quantity of material composing a hazardous waste 
generated as part of a continuous process is the quantity of material 
generated during a process operating mode defined by a specific set of 
operating conditions which are normal for the process. An example of a 
discrete quantity of material composing a hazardous waste generated as 
part of a batch process that is performed repeatedly but not 
necessarily continuously is the total quantity of material composing a 
single batch generated by the process. An example of a discrete 
quantity of material composing a hazardous waste delivered to a 
facility in a container is the total quantity of material held in the 
container.
    (iv) The following procedure shall be used measure the VO 
concentration for each discrete quantity of material identified in 
paragraph (a)(5)(iii) of this section:
    (A) A sufficient number of samples, but no less than four samples, 
shall be collected to represent the organic composition for the entire 
discrete quantity of hazardous waste being tested. All of the samples 
shall be collected within a 1-hour period. Sufficient information shall 
be prepared and recorded to document the waste quantity represented by 
the samples and, as applicable, the operating conditions for the source 
or process generating the hazardous waste represented by the samples.
    (B) Each sample shall be collected in accordance with the 
requirements specified in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition, 
September 1986, as amended by Update I, November 15, 1992 (incorporated 
by reference--refer to Sec. 260.11 of this chapter).
    (C) Each collected sample shall be prepared and analyzed in 
accordance with the requirements of Method 25D in 40 CFR part 60, 
appendix A.
    (D) The measured VO concentration for the discrete quantity of 
hazardous waste shall be determined by using the results for all 
samples analyzed in accordance with paragraph (a)(5)(iv)(C) of this 
section and the following equation:

TR06DE94.003

where:

C=Measured VO concentration of the discrete quantity of hazardous 
waste, ppmw.
i=Individual sample ``i'' of the hazardous waste collected in 
accordance with the requirements of SW-846.
n=Total number of samples of hazardous waste collected (at least 4) 
within a 1-hour period.
Ci=VO concentration measured by Method 25D for sample ``i'', ppmw.

    (v) The average VO concentration of the hazardous waste shall be 
determined using the following procedure:
    (A) When the facility owner or operator is the generator of the 
hazardous waste, a sufficient number of VO concentration measurements 
for the hazardous waste shall be performed in accordance with the 
requirements of paragraph (a)(5)(iv) of this section to represent the 
complete range of hazardous waste organic compositions and quantities 
that occur during the entire averaging period due to normal variations 
in the operating conditions for each process operating mode identified 
for the source or process generating the hazardous waste.
    (B) When the facility owner or operator is not the generator of the 
hazardous waste, a sufficient number of VO concentration measurements 
for the hazardous waste shall be performed in accordance with the 
requirements of paragraph (a)(5)(iv) of this section to represent the 
complete range of hazardous waste organic compositions and quantities 
that occur in the hazardous waste as received at the facility during 
the entire averaging period.
    (C) The average VO concentration of the hazardous waste at the 
point of waste origination shall be calculated by using the results for 
all VO measurements performed in accordance with paragraph (a)(5)(iv) 
of this section and the following equation:

TR06DE94.004

where:
Cave=Average VO concentration of the hazardous waste at the point 
of waste origination, ppmw.
j=Individual discrete quantity ``j'' of the hazardous waste for which a 
VO concentration measurement is determined in accordance with the 
requirements of paragraph (a)(5)(iv) of this section.
m=Total number of VO concentration measurements determined in 
accordance with the requirements of paragraph (a)(5)(iv) of this 
section for the averaging period.
Qj=Mass of the discrete quantity of the hazardous waste 
represented by Cj, kg.
QT=Total mass of the hazardous waste for the averaging period, kg.
Cj=Measured VO concentration of discrete quantity ``j'' for the 
hazardous waste determined in accordance with the requirements of 
paragraph (a)(5)(iv) of this section, ppmw.

    (6) Procedure for using knowledge of the waste to determine the 
average VO concentration of a hazardous waste at the point of waste 
origination.
    (i) The owner or operator shall identify and record the point of 
waste origination for the hazardous waste. All information used to 
determine the average VO concentration of the hazardous waste shall be 
based on the hazardous waste composition at this point.
    (ii) The owner or operator shall designate and record the averaging 
period to be used for determining the average VO concentration for the 
hazardous waste. The averaging period shall not exceed 1 year. An 
initial waste determination shall be performed for each averaging 
period.
    (iii) The owner or operator shall prepare and record sufficient 
information that documents the average VO concentration for the 
hazardous waste. Information may be used that is prepared by either the 
facility owner or operator or by the generator of the hazardous waste. 
Examples of information that may be used as the basis for knowledge of 
the waste include: organic material balances for the source or process 
generating the waste; VO concentration measurements for the same type 
of waste performed in accordance with the procedure specified in 
paragraph (a)(5)(iv) of this section; previous individual organic 
constituent test data for the waste that are still applicable to the 
current waste management practices; documentation that the waste is 
generated by a process for which no organics-containing materials are 
used; previous test data for other locations managing the same type of 
waste; or other knowledge based on manifests, shipping papers, or waste 
certification notices.
    (iv) If test data other than VO concentration measurements 
performed in accordance with the procedure specified in paragraph 
(a)(5)(iv) of this section are used as the basis for knowledge of the 
waste, then the owner or operator shall document the test method, 
sampling protocol, and the means by which sampling variability and 
analytical variability are accounted for in the determination of the 
average VO concentration. For example, an owner or operator may use 
individual organic constituent concentration test data that are 
validated in accordance with Method 301 in appendix A of 40 CFR part 63 
as the basis for knowledge of the waste.
    (b) Waste determination procedures for treated hazardous waste.
    (1) An owner or operator shall perform the applicable waste 
determination for each treated hazardous waste placed in a waste 
management unit exempted under the provisions of Sec. 265.1083(c)(2) of 
this subpart from using air emission controls in accordance with 
standards specified in Sec. 265.1085 through Sec. 265.1088 of this 
subpart, as applicable to the waste management unit.
    (2) The owner or operator shall perform a waste determination for 
each discrete quantity of treated hazardous waste as follows:
    (i) When the hazardous waste is treated by a continuous process, 
the owner or operator shall:
    (A) Perform an initial waste determination for the treated waste 
stream before the first time any portion of the material in the waste 
stream is placed in a waste management unit subject to this subpart, 
and thereafter update the information used for the waste determination 
at least once every 12 months following the date of the initial waste 
determination; and
    (B) Perform a new waste determination whenever changes to the 
hazardous waste streams fed to the process are reasonably likely to 
cause the characteristics of the hazardous waste at the point of waste 
treatment to change to levels that fail to achieve the applicable 
conditions specified in Sec. 265.1083(c)(2) of this subpart.
    (ii) When the hazardous waste is treated by a batch process that is 
performed repeatedly but not necessarily continuously, the owner or 
operator shall:
    (A) Perform an initial waste determination for the treated 
hazardous waste in one or more representative batches treated by the 
process, and thereafter update the information used for the waste 
determination at least once every 12 months following the date of the 
initial waste determination; and
    (B) Perform a new waste determination whenever changes to the 
hazardous waste treated by the process are reasonably likely to cause 
the characteristics of the hazardous waste at the point of waste 
treatment to change to levels that fail to achieve the applicable 
conditions specified in Sec. 265.1083(c)(2) of this subpart.
    (3) The owner or operator shall designate and record the specific 
provision in Sec. 265.1083(c)(2) of this subpart for which the waste 
determination is being performed. The waste determination for the 
treated hazardous waste shall be performed using the applicable 
procedures specified in paragraphs (b)(4) through (b)(10) of this 
section.
    (4) Procedure to determine the average VO concentration of a 
hazardous waste at the point of waste treatment.
    (i) The owner or operator shall identify and record the point of 
waste treatment for the hazardous waste. All waste samples used to 
determine the average VO concentration of the hazardous waste shall be 
collected at this point.
    (ii) The owner or operator shall designate and record the averaging 
period to be used for determining the average VO concentration for the 
hazardous waste. The averaging period shall not exceed 1 year. An 
initial waste determination shall be performed for each averaging 
period.
    (iii) The owner or operator shall identify each discrete quantity 
of the material composing the hazardous waste represented by the 
averaging period designated in paragraph (b)(4)(ii) of this section.
    (iv) The following procedure shall be used measure the VO 
concentration for each discrete quantity of material identified in 
paragraph (b)(4)(iii) of this section:
    (A) A sufficient number of samples, but no less than four samples, 
shall be collected to represent the organic composition for the entire 
discrete quantity of hazardous waste being tested. All of the samples 
shall be collected within a 1-hour period. Sufficient information shall 
be prepared and recorded to document the waste quantity represented by 
the samples and, as applicable, the operating conditions for the 
process treating the hazardous waste represented by the samples.
    (B) Each sample shall be collected in accordance with the 
requirements specified in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition, 
September 1986, as amended by Update I, November 15, 1992 (incorporated 
by reference--refer to Sec. 260.11 of this chapter).
    (C) Each collected sample shall be prepared and analyzed in 
accordance with the requirements of Method 25D in 40 CFR part 60, 
appendix A.
    (D) The measured VO concentration for the discrete quantity of 
hazardous waste shall be determined by using the results for all 
samples analyzed in accordance with paragraph (b)(4)(iv)(C) of this 
section and the following equation:

TR06DE94.005

where:

C = Measured VO concentration of the discrete quantity of hazardous 
waste, ppmw.
i = Individual sample ``i'' of the hazardous waste collected in 
accordance with the requirements of SW-846.
n = Total number of samples of hazardous waste collected (at least 4) 
within a 1-hour period.
Ci = VO concentration measured by Method 25D for sample ``i'', 
ppmw.

    (v) The average VO concentration of the hazardous waste at the 
point of waste treatment shall be determined using the following 
procedure:
    (A) When the facility owner or operator is the generator of the 
hazardous waste, a sufficient number of VO concentration measurements 
for the hazardous waste shall be performed in accordance with the 
requirements of paragraph (b)(4)(iv) of this section to represent the 
complete range of hazardous waste organic compositions and quantities 
treated by the process during the entire averaging period.
    (B) The average VO concentration of the hazardous waste at the 
point of waste treatment shall be calculated by using the results for 
all VO measurements performed in accordance with paragraph (b)(4)(iv) 
of this section and the following equation:

TR06DE94.006

where:

Cave = Average VO concentration of the hazardous waste at the 
point of waste treatment, ppmw.
j = Individual discrete quantity ``j'' of the hazardous waste for which 
a VO concentration measurement is determined in accordance with the 
requirements of paragraph (b)(4)(iv) of this section.
m = Total number of VO concentration measurements determined in 
accordance with the requirements of paragraph (b)(4)(iv) of this 
section for the averaging period.
Qj = Mass of the discrete quantity of the hazardous waste 
represented by Cj, kg.
QT = Total mass of the hazardous waste for the averaging period, 
kg.
Cj = Measured VO concentration of discrete quantity ``j'' for the 
hazardous waste determined in accordance with the requirements of 
paragraph (b)(4)(iv) of this section, ppmw.

    (5) Procedure to determine the exit concentration limit (Ct) 
for a treated hazardous waste.
    (i) The point of waste origination for each hazardous waste treated 
by the process at the same time shall be identified.
    (ii) If a single hazardous waste stream is identified in paragraph 
(b)(5)(i) of this section, then the exit concentration limit (Ct) 
shall be 100 ppmw.
    (iii) If more than one hazardous waste stream is identified in 
paragraph (b)(5)(i) of this section, then the VO concentration of each 
hazardous waste stream at the point of waste origination shall be 
determined in accordance with the requirements of paragraph (a) of this 
section. The exit concentration limit (Ct) shall be 
calculated by using the results determined for each individual 
hazardous waste stream and the following equation:

TR06DE94.007

where:

Ct = Exit concentration limit for treated hazardous waste, ppmw.
x = Individual hazardous waste stream ``x'' that has a VO concentration 
less than 100 ppmw at the point of waste origination as determined in 
accordance with the requirements of Sec. 265.1084(a).
y = Individual hazardous waste stream ``y'' that has a VO concentration 
equal to or greater than 100 ppmw at the point of waste origination as 
determined in accordance with the requirements of Sec. 265.1084(a).
m = Total number of ``x'' hazardous waste streams treated by process.
n = Total number of ``y'' hazardous waste streams treated by process.
Qx = Annual mass quantity of hazardous waste stream ``x'', kg/yr.
Qy = Annual mass quantity of hazardous waste stream ``y'', kg/yr.
Cx = Average VO concentration of hazardous waste stream ``x'' at 
the point of waste origination as determined in accordance with the 
requirements of Sec. 265.1084(a), ppmw.

    (6) Procedure to determine the organic reduction efficiency (R) for 
a treated hazardous waste.
    (i) The organic reduction efficiency for a treatment process shall 
be determined based on results for a minimum of three consecutive runs. 
The sampling time for each run shall be 1 hour.
    (ii) The point of each hazardous waste stream entering the process 
and each hazardous waste stream exiting the process that is to be 
included in the calculation of the organic reduction efficiency for the 
process shall be identified.
    (iii) For each run, the following information shall be determined 
for each hazardous waste stream identified in paragraph (b)(6)(ii) of 
this section using the following procedures:
    (A) The mass quantity of each hazardous waste stream entering the 
process (Qb) and the mass quantity of each hazardous waste stream 
exiting the process (Qa) shall be determined.
    (B) The VO concentration of each hazardous waste stream entering 
the process (Cb) during the run shall be measured in accordance 
with the requirements of paragraphs (a)(5)(iv)(A) through (a)(5)(iv)(D) 
of this section. The VO concentration of each hazardous waste stream 
exiting the process (Ca) during the run shall be determined in 
accordance with the requirements of paragraph (b)(4)(iv) of this 
section. Samples shall be collected as follows:
    (1) For a continuous process, the samples of the hazardous waste 
entering and samples of the hazardous waste exiting the process shall 
be collected concurrently.
    (2) For a batch process, the samples of the hazardous waste 
entering the process shall be collected at the time that the hazardous 
waste is placed in the process. The samples of the hazardous waste 
exiting the process shall be collected as soon as practicable after the 
time when the process stops operation or the final treatment cycle 
ends.
    (iv) The waste volatile organic mass flow entering the process 
(Eb) and the waste volatile organic mass flow exiting the process 
(Ea) shall be calculated by using the results determined in 
accordance with paragraph (b)(6)(iii) of this section and the following 
equations:

TR06DE94.008

where:

Ea = Waste volatile organic mass flow exiting process, kg/hr.
Eb = Waste volatile organic mass flow entering process, kg/hr.
m = Total number of runs (at least 3)
j = Individual run ``j''
Qbj = Mass quantity of hazardous waste entering process during run 
``j'', kg/hr.
Qaj = Average mass quantity of waste exiting process during run 
``j'', kg/hr.
Caj = Measured VO concentration of hazardous waste exiting process 
during run ``j'' as determined in accordance with the requirements of 
Sec. 265.1084(b)(4)(iv), ppmw.
Cbj = Measured VO concentration of hazardous waste entering 
process during run ``j'' as determined in accordance with the 
requirements of Sec. 265.1084 (a)(5)(iv)(A) through (a)(5)(iv)(D), 
ppmw.

    (v) The organic reduction efficiency of the process shall be 
calculated by using the results determined in accordance with paragraph 
(b)(6)(iv) of this section and the following equation:

TR06DE94.009

where:

R = Organic reduction efficiency, percent.
Eb = Waste volatile organic mass flow entering process as 
determined in accordance with the requirements of paragraph (b)(6)(iv) 
of this section, kg/hr.
Ea = Waste volatile organic mass flow exiting process as 
determined in accordance with the requirements of paragraph (b)(6)(iv) 
of this section, kg/hr.

    (7) Procedure to determine the organic biodegradation efficiency 
(Rbio) for a treated hazardous waste.
    (i) The fraction of organics biodegraded (Fbio) shall be 
determined using the procedure specified in 40 CFR part 63, appendix C 
of this chapter.
    (ii) The organic biodegradation efficiency shall be calculated by 
using the following equation:

Rbio = Fbio  x  100%
where:

Rbio = Organic biodegradation efficiency, percent.
Fbio = Fraction of organic biodegraded as determined in accordance 
with the requirements of paragraph (b)(7)(i) of this section.

    (8) Procedure to determine the required organic mass removal rate 
(RMR) for a treated hazardous waste.
    (i) The point of waste origination for each hazardous waste treated 
by the process at the same time shall be identified.
    (ii) For each hazardous waste stream identified in paragraph 
(b)(8)(i) of this section, the VO concentration of the hazardous waste 
stream at the point of waste origination shall be determined in 
accordance with the requirements of paragraph (a) of this section.
    (iii) For each individual hazardous waste stream that has a 
volatile organic concentration equal to or greater than 100 ppmw at the 
point of waste origination as determined in accordance with the 
requirements of paragraph (b)(8)(ii) of this section, the average 
volumetric flow rate of hazardous waste at the point of waste 
origination and the density of the hazardous waste stream shall be 
determined.
    (iv) The required organic mass removal rate for the hazardous waste 
shall be calculated by using the results determined for each individual 
hazardous waste stream in accordance with the requirements of 
paragraphs (b)(8)(ii) and (b)(8)(iii) of this section and the following 
equation:

TR06DE94.010

    where:

RMR = Required organic mass removal rate, kg/hr.
y = Individual hazardous waste stream ``y'' that has a volatile organic 
concentration equal to or greater than 100 ppmw at the point of waste 
origination as determined in accordance with the requirements of 
Sec. 265.1084(a).
n = Total number of ``y'' hazardous waste streams treated by process.
Vy = Average volumetric flow rate of hazardous waste stream ``y'' 
at the point of waste origination, m3/hr.
ky = Density of hazardous waste stream ``y'', kg/m3
Cy = Average VO concentration of hazardous waste stream ``y'' at 
the point of waste origination as determined in accordance with the 
requirements of Sec. 265.1084(a), ppmw.

    (9) Procedure to determine the actual organic mass removal rate 
(MR) for a treated hazardous waste.
    (i) The actual organic mass removal rate shall be determined based 
on results for a minimum of three consecutive runs. The sampling time 
for each run shall be 1 hour.
    (ii) The waste volatile organic mass flow entering the process 
(Eb) and the waste volatile organic mass flow exiting the process 
(Ea) shall be determined in accordance with the requirements of 
paragraph (b)(6)(iv) of this section.
    (iii) The actual organic mass removal rate shall be calculated by 
using the results determined in accordance with the requirements of 
paragraph (b)(9)(ii) of this section and the following equation:
MR = Eb - Ea
where:

MR = Actual organic mass removal rate, kg/hr.
Eb = Waste volatile organic mass flow entering process as 
determined in accordance with the requirements of paragraph (b)(6)(iv) 
of this section, kg/hr.
Ea = Waste volatile organic mass flow exiting process as 
determined in accordance with the requirements of paragraph (b)(6)(iv) 
of this section, kg/hr.
    (10) Procedure to determine the actual organic mass biodegradation 
rate (MRbio) for a treated hazardous waste.
    (i) The actual organic mass biodegradation rate shall be determined 
based on results for a minimum of three consecutive runs. The sampling 
time for each run shall be 1 hour.
    (ii) The waste organic mass flow entering the process (Eb) 
shall be determined in accordance with the requirements of paragraph 
(b)(6)(iv) of this section.
    (iii) The fraction of organic biodegraded (Fbio) shall be 
determined using the procedure specified in 40 CFR part 63, appendix C.
    (iv) The actual organic mass biodegradation rate shall be 
calculated by using the mass flow rates and fraction of organic 
biodegraded determined in accordance with the requirements of 
paragraphs (b)(10)(ii) and (b)(10)(iii) of this section and the 
following equation:
MRbio = Eb  x  Fbio
where:

    MRbio = Actual organic mass biodegradation rate, kg/hr.
Eb = Waste organic mass flow entering process as determined in 
accordance with the requirements of paragraph (b)(6)(iv) of this 
section, kg/hr.
Fbio = Fraction of organic biodegraded as determined in accordance 
with the requirements of paragraph (b)(10)(iii) of this section.

    (c) Procedure to determine the maximum organic vapor pressure of a 
hazardous waste in a tank.
    (1) An owner or operator shall determine the maximum organic vapor 
pressure for each hazardous waste placed in a tank using air emission 
controls in accordance with standards specified in Sec. 265.1085(c) of 
this subpart.
    (2) An owner or operator shall use either direct measurement as 
specified in paragraph (c)(3) of this section or knowledge of the waste 
as specified by paragraph (c)(4) of this section to determine the 
maximum organic vapor pressure which is representative of the hazardous 
waste composition stored or treated in the tank.
    (3) To determine the maximum organic vapor pressure of the 
hazardous waste by direct measurement, the following procedure shall be 
used:
    (i) Representative samples of the waste contained in the tank shall 
be collected. Sampling shall be conducted in accordance with the 
requirements specified in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition, 
September 1986, as amended by Update I, November 15, 1992 (incorporated 
by reference--refer to Sec. 260.11 of this chapter).
    (ii) Any appropriate one of the following methods may be used to 
analyze the samples and compute the maximum organic vapor pressure:
    (A) Method 25E in 40 CFR part 60, appendix A;
    (B) Methods described in American Petroleum Institute Publication 
2517, Third Edition, February 1989, ``Evaporative Loss from External 
Floating-Roof Tanks,'' (incorporated by reference--refer to Sec. 260.11 
of this chapter);
    (C) Methods obtained from standard reference texts;
    (D) ASTM Method 2879-92 (incorporated by reference--refer to 
Sec. 260.11 of this chapter); or
    (E) Any other method approved by the Regional Administrator.
    (4) To determine the maximum organic vapor pressure of the 
hazardous waste by knowledge, sufficient information shall be prepared 
and recorded that documents the maximum organic vapor pressure of the 
hazardous waste in the tank. Examples of information that may be used 
include: documentation that the waste is generated by a process for 
which no organics-containing materials are used; or that the waste is 
generated by a process for which at other locations it previously has 
been determined by direct measurement that the waste maximum organic 
vapor pressure is less than the maximum vapor pressure limit for the 
appropriate design capacity category specified for the tank.


Sec. 265.1085  Standards: Tanks.

    (a) This section applies to owners and operators of tanks subject 
to this subpart into which any hazardous waste is placed except for the 
following tanks:
    (1) A tank in which all hazardous waste entering the tank meets the 
conditions specified in Sec. 265.1083(c) of this subpart; or
    (2) A tank used for biological treatment of hazardous waste in 
accordance with the requirements of Sec. 265.1083(c)(2)(iv) of this 
subpart.
    (b) The owner or operator shall place the hazardous waste into one 
of the following tanks:
    (1) A tank equipped with a cover (e.g., a fixed roof) that is 
vented through a closed-vent system to a control device in accordance 
with the requirements specified in paragraph (d) of this section;
    (2) A tank equipped with a fixed roof and internal floating roof in 
accordance with the requirements of Sec. 265.1091 of this subpart;
    (3) A tank equipped with an external floating roof in accordance 
with the requirements of Sec. 265.1091 of this subpart; or
    (4) A pressure tank that is designed to operate as a closed system 
such that the tank operates with no detectable organic emissions at all 
times that hazardous waste is in the tank except as provided for in 
paragraph (g) of this section.
    (c) As an alternative to complying with paragraph (b) of this 
section, an owner or operator may place hazardous waste in a tank 
equipped with a cover (e.g., a fixed roof) meeting the requirements 
specified in paragraph (d)(1) of this section when the hazardous waste 
is determined to meet all of the following conditions:
    (1) The hazardous waste is neither mixed, stirred, agitated, nor 
circulated within the tank by the owner or operator using a process 
that results in splashing, frothing, or visible turbulent flow on the 
waste surface during normal process operations;
    (2) The hazardous waste in the tank is not heated by the owner or 
operator except during conditions requiring that the waste be heated to 
prevent the waste from freezing or to maintain adequate waste flow 
conditions for continuing normal process operations;
    (3) The hazardous waste in the tank is not treated by the owner or 
operator using a waste stabilization process or a process that produces 
an exothermic reaction; and
    (4) The maximum organic vapor pressure of the hazardous waste in 
the tank as determined using the procedure specified in 
Sec. 265.1084(c) of this subpart is less than the following applicable 
value:
    (i) If the tank design capacity is equal to or greater than 151 
m3, then the maximum organic vapor pressure shall be less than 5.2 
kPa;
    (ii) If the tank design capacity is equal to or greater than 75 
m3 but less than 151 m3, then the maximum organic vapor 
pressure shall be less than 27.6 kPa; or
    (iii) If the tank design capacity is less than 75 m3, then the 
maximum organic vapor pressure shall be less than 76.6 kPa.
    (d) To comply with paragraph (b)(1) of this section, the owner or 
operator shall design, install, operate, and maintain a cover that 
vents the organic vapors emitted from hazardous waste in the tank 
through a closed-vent system connected to a control device.
    (1) The cover shall be designed and operated to meet the following 
requirements:
    (i) The cover and all cover openings (e.g., access hatches, 
sampling ports, and gauge wells) shall be designed to operate with no 
detectable organic emissions when all cover openings are secured in a 
closed, sealed position.
    (ii) Each cover opening shall be secured in a closed, sealed 
position (e.g., covered by a gasketed lid or cap) at all times that 
hazardous waste is in the tank except as provided for in paragraph (f) 
of this section.
    (2) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec. 265.1088 of this 
subpart.
    (e) The owner and operator shall install, operate, and maintain 
enclosed pipes or other closed systems for the transfer of hazardous 
waste as described in paragraph (e)(1) or (e)(2) of this section. The 
EPA considers a drain system that meets the requirements of 40 CFR 
61.346(a)(1) or 40 CFR 61.346(b)(1) through (b)(3) to be a closed 
system.
    (1) Transfer all hazardous waste to the tank from another tank, 
surface impoundment, or container subject to this subpart except for 
those hazardous wastes that meet the conditions specified in 
Sec. 265.1083(c) of this subpart; and
    (2) Transfer all hazardous waste from the tank to another tank, 
surface impoundment, or container subject to this subpart except for 
those hazardous wastes that meet the conditions specified in 
Sec. 265.1083(c) of this subpart.
    (f) Each cover opening shall be secured in a closed, sealed 
position (e.g., covered by a gasketed lid) at all times that hazardous 
waste is in the tank except when it is necessary to use the cover 
opening to:
    (1) Add, remove, inspect, or sample the material in the tank;
    (2) Inspect, maintain, repair, or replace equipment located inside 
the tank; or
    (3) Vent gases or vapors from the tank to a closed-vent system 
connected to a control device that is designed and operated in 
accordance with the requirements of Sec. 265.1088 of this subpart.
    (g) One or more safety devices which vent directly to the 
atmosphere may be used on the tank, cover, closed-vent system, or 
control device provided each safety device meets all of the following 
conditions:
    (1) The safety device is not used for planned or routine venting of 
organic vapors from the tank or the closed-vent system connected to a 
control device; and
    (2) The safety device remains in a closed, sealed position at all 
times except when an unplanned event requires that the device open for 
the purpose of preventing physical damage or permanent deformation of 
the tank, cover, closed-vent system, or control device in accordance 
with good engineering and safety practices for handling flammable, 
combustible, explosive, or other hazardous materials. An example of an 
unplanned event is a sudden power outage.


Sec. 265.1086  Standards: surface impoundments.

    (a) This section applies to owners and operators of surface 
impoundments subject to this subpart into which any hazardous waste is 
placed except for the following surface impoundments:
    (1) A surface impoundment in which all hazardous waste entering the 
surface impoundment meets the conditions specified in Sec. 265.1083(c) 
of this subpart; or
    (2) A surface impoundment used for biological treatment of 
hazardous waste in accordance with the requirements of 
Sec. 265.1083(c)(2)(iv) of this subpart.
    (b) The owner or operator shall place the hazardous waste into a 
surface impoundment equipped with a cover (e.g., an air-supported 
structure or a rigid cover) that is vented through a closed-vent system 
to a control device meeting the requirements specified in paragraph (d) 
of this section.
    (c) As an alternative to complying with paragraph (b) of this 
section, an owner or operator may place hazardous waste in a surface 
impoundment equipped with a floating membrane cover meeting the 
requirements specified in paragraph (e) of this section when the 
hazardous waste is determined to meet all of the following conditions:
    (1) The hazardous waste is neither mixed, stirred, agitated, nor 
circulated within the surface impoundment by the owner or operator 
using a process that results in splashing, frothing, or visible 
turbulent flow on the waste surface during normal process operations;
    (2) The hazardous waste in the surface impoundment is not heated by 
the owner or operator; and
    (3) The hazardous waste in the surface impoundment is not treated 
by the owner or operator using a waste stabilization process or a 
process that produces an exothermic reaction.
    (d) To comply with paragraph (b)(1) of this section, the owner or 
operator shall design, install, operate, and maintain a cover that 
vents the organic vapors emitted from hazardous waste in the surface 
impoundment through a closed- vent system connected to a control 
device.
    (1) The cover shall be designed, installed, operated, and 
maintained to meet the following requirements:
    (i) The cover and all cover openings (e.g., access hatches, 
sampling ports, and gauge wells) shall be designed to operate with no 
detectable organic emissions when all cover openings are secured in a 
closed, sealed position.
    (ii) Each cover opening shall be secured in the closed, sealed 
position (e.g., covered by a gasketed lid or cap) at all times that 
hazardous waste is in the surface impoundment except as provided for in 
paragraph (g) of this section.
    (iii) The closed-vent system and control device shall be designed 
and operated in accordance with Sec. 265.1088 of this subpart.
    (e) To comply with paragraph (c) of this section, the owner or 
operator shall design, install, operate, and maintain a floating 
membrane cover that meets all of the following requirements:
    (1) The floating membrane cover shall be designed, installed, and 
operated such that at all times when hazardous waste is in the surface 
impoundment, the entire surface area of the hazardous waste is enclosed 
by the cover, and any air spaces underneath the cover are not vented to 
the atmosphere except during conditions specified in paragraph (h) of 
this section.
    (2) The floating membrane cover and all cover openings (e.g., 
access hatches, sampling ports, and gauge wells) shall be designed to 
operate with no detectable organic emissions when all cover openings 
are secured in a closed, sealed position.
    (3) Each cover opening shall be secured in a closed, sealed 
position (e.g., covered by a gasketed lid or cap) at all times that 
hazardous waste is in the surface impoundment except as provided for in 
paragraphs (g)(1) through (g)(3) of this section; and
    (4) The synthetic membrane material used for the floating membrane 
cover shall be either:
    (i) High density polyethylene with a thickness no less than 2.5 mm; 
or
    (ii) A material or a composite of different materials determined to 
have the following properties:
    (A) Organic permeability properties that are equivalent to those of 
the material specified in paragraph (e)(4)(i) of this section; and
    (B) Chemical and physical properties that maintain the material 
integrity for as long as the cover is in use. Factors that shall be 
considered in selecting the material include: the effects of contact 
with the waste managed in the impoundment, weather exposure, and cover 
installation and operation practices.
    (f) The owner or operator shall install, operate, and maintain 
enclosed pipes or other closed systems for the transfer of hazardous 
waste as described in paragraph (f)(1) or (f)(2) of this section. The 
EPA considers a drain system that meets the requirements of 40 CFR 
61.346(a)(1) or 40 CFR 61.346(b)(1) through (b)(3) to be a closed 
system.
    (1) Transfer all hazardous waste to the surface impoundment from 
another tank, surface impoundment, or container subject to this subpart 
except for those hazardous wastes that meet the conditions specified in 
Sec. 265.1083(c) of this subpart; and
    (2) Transfer all hazardous waste from the surface impoundment to 
another tank, surface impoundment, or container subject to this subpart 
except for those hazardous wastes that meet the conditions specified in 
Sec. 265.1083(c) of this subpart.
    (g) Each cover opening shall be secured in the closed, sealed 
position (e.g., covered by a gasketed lid or cap) at all times that 
hazardous waste is in the surface impoundment except when it is 
necessary to use the cover opening to:
    (1) Add, remove, inspect, or sample the material in the surface 
impoundment;
    (2) Inspect, maintain, repair, or replace equipment located 
underneath the cover;
    (3) Remove treatment residues from the surface impoundment in 
accordance with the requirements of 40 CFR 268.4; or
    (4) Vent gases or vapors from the surface impoundment to a closed-
vent system connected to a control device that is designed and operated 
in accordance with the requirements of Sec. 265.1088 of this subpart.
    (h) One or more safety devices that vent directly to the atmosphere 
may be installed on the cover, closed-vent system, or control device 
provided each device meets all of the following conditions:
    (1) The safety device is not used for planned or routine venting of 
organic vapors from the surface impoundment or the closed-vent system 
connected to a control device; and
    (2) The safety device remains in a closed, sealed position at all 
times except when an unplanned event requires that the device open for 
the purpose of preventing physical damage or permanent deformation of 
the cover, closed-vent system, or control device in accordance with 
good engineering and safety practices for handling flammable, 
combustible, explosive, or other hazardous materials. An example of an 
unplanned event is a sudden power outage.


Sec. 265.1087  Standards: Containers.

    (a) This section applies to the owners and operators of containers 
having design capacities greater than 0.1 m3 subject to this 
subpart into which any hazardous waste is placed except for a container 
in which all hazardous waste entering the container meets the 
conditions specified in Sec. 265.1083(c) of this subpart.
    (b) An owner or operator shall manage hazardous waste in containers 
using the following procedures:
    (1) The owner or operator shall place the hazardous waste into one 
of the following containers except when a container is used for 
hazardous waste treatment as required by paragraph (b)(2) of this 
section:
    (i) A container that is equipped with a cover which operates with 
no detectable organic emissions when all container openings (e.g., 
lids, bungs, hatches, and sampling ports) are secured in a closed, 
sealed position. The owner or operator shall determine that a container 
operates with no detectable emissions by testing each opening on the 
container for leaks in accordance with Method 21 in 40 CFR part 60, 
appendix A the first time any portion of the hazardous waste is placed 
into the container. If a leak is detected and cannot be repaired 
immediately, the hazardous waste shall be removed from the container 
and the container not used to meet the requirements of this paragraph 
until the leak is repaired and the container is retested.
    (ii) A container having a design capacity less than or equal to 
0.46 m3 that is equipped with a cover and complies with all 
applicable Department of Transportation regulations on packaging 
hazardous waste for transport under 49 CFR part 178.
    (A) A container that is managed in accordance with the requirements 
of 49 CFR part 178 for the purpose of complying with this subpart is 
not subject to any exceptions to the 49 CFR part 178 regulations, 
except as noted in paragraph (b)(1)(ii)(B) of this section.
    (B) A lab pack that is managed in accordance with the requirements 
of 49 CFR part 178 for the purpose of complying with this subpart may 
comply with the exceptions for combination packagings specified in 49 
CFR 173.12(b).
    (iii) A container that is attached to or forms a part of any truck, 
trailer, or railcar; and that has been demonstrated within the 
preceding 12 months to be organic vapor tight when all container 
openings are in a closed, sealed position (e.g., the container hatches 
or lids are gasketed and latched). For the purpose of meeting the 
requirements of this paragraph, a container is organic vapor tight if 
the container sustains a pressure change of not more than 750 pascals 
within 5 minutes after it is pressurized to a minimum of 4,500 pascals. 
This condition is to be demonstrated using the pressure test specified 
in Method 27 of 40 CFR part 60, appendix A, and a pressure measurement 
device which has a precision of  2.5 mm water and which is 
capable of measuring above the pressure at which the container is to be 
tested for vapor tightness.
    (2) An owner or operator treating hazardous waste in a container by 
either a waste stabilization process, any process that requires the 
addition of heat to the waste, or any process that produces an 
exothermic reaction shall meet the following requirements:
    (i) Whenever it is necessary for the container to be open during 
the treatment process, the container shall be located inside an 
enclosure that is vented through a closed-vent system to a control 
device.
    (ii) The enclosure shall be a structure that is designed and 
operated in accordance with the following requirements:
    (A) The enclosure shall be a structure that is designed and 
operated with sufficient airflow into the structure to capture the 
organic vapors emitted from the hazardous waste in the container and 
vent the vapors through the closed-vent system to the control device.
    (B) The enclosure may have permanent or temporary openings to allow 
worker access; passage of containers through the enclosure by conveyor 
or other mechanical means; entry of permanent mechanical or electrical 
equipment; or to direct airflow into the enclosure. The pressure drop 
across each opening in the enclosure shall be maintained at a pressure 
below atmospheric pressure such that whenever an open container is 
placed inside the enclosure no organic vapors released from the 
container exit the enclosure through the opening. The owner or operator 
shall determine that an enclosure achieves this condition by measuring 
the pressure drop across each opening in the enclosure. If the pressure 
within the enclosure is equal to or greater than atmospheric pressure 
then the enclosure does not meet the requirements of this section.
    (iii) The closed-vent system and control device shall be designed 
and operated in accordance with the requirements of Sec. 265.1088 of 
this subpart.
    (3) An owner or operator transferring hazardous waste into a 
container having a design capacity greater than 0.46 m\3\ shall meet 
the following requirements:
    (i) Hazardous waste transfer by pumping shall be performed using a 
conveyance system that uses a tube (e.g., pipe, hose) to add the waste 
into the container. During transfer of the waste into the container, 
the cover shall remain in place and all container openings shall be 
maintained in a closed, sealed position except for those openings 
through which the tube enters the container and as provided for in 
paragraph (c) of this section. The tube shall be positioned in a manner 
such that either the:
    (A) Tube outlet continuously remains submerged below the waste 
surface at all times waste is flowing through the tube;
    (B) Lower bottom edge of the tube outlet is located at a distance 
no greater than two inside diameters of the tube or 15.25 cm, whichever 
distance is greater, from the bottom of the container at all times 
waste is flowing through the tube; or
    (C) Tube is connected to a permanent port mounted on the bottom of 
the container so that the lower edge of the port opening inside the 
container is located at a distance equal to or less than 15.25 cm from 
the container bottom.
    (ii) Hazardous waste transferred by a means other than pumping 
shall be performed such that during transfer of the waste into the 
container, the cover remains in place and all container openings are 
maintained in a closed, sealed position except for those openings 
through which the hazardous waste is added and as provided for in 
paragraph (d) of this section.
    (c) Each container opening shall be maintained in a closed, sealed 
position (e.g., covered by a gasketed lid) at all times that hazardous 
waste is in the container except when it is necessary to use the 
opening to:
    (1) Add, remove, inspect, or sample the material in the container;
    (2) Inspect, maintain, repair, or replace equipment located inside 
the container; or
    (3) Vent gases or vapors from a cover located over or enclosing an 
open container to a closed-vent system connected to a control device 
that is designed and operated in accordance with the requirements of 
Sec. 265.1088 of this subpart.
    (d) One or more safety devices that vent directly to the atmosphere 
may be used on the container, cover, enclosure, closed-vent system, or 
control device provided each device meets all of the following 
conditions:
    (1) The safety device is not used for planned or routine venting of 
organic vapors from the container, cover, enclosure, or closed-vent 
system connected to a control device; and
    (2) The safety device remains in a closed, sealed position at all 
times except when an unplanned event requires that the device open for 
the purpose of preventing physical damage or permanent deformation of 
the container, cover, enclosure, closed-vent system, or control device 
in accordance with good engineering and safety practices for handling 
flammable, combustible, explosive, or other hazardous materials. An 
example of an unplanned event is a sudden power outage.


Sec. 265.1088  Standards: Closed-vent systems and control devices.

    (a) This section applies to each closed-vent system and control 
device installed and operated by the owner or operator to control air 
emissions in accordance with standards of this subpart.
    (b) The closed-vent system shall meet the following requirements:
    (1) The closed-vent system shall route the gases, vapors, and fumes 
emitted from the hazardous waste in the waste management unit to a 
control device that meets the requirements specified in paragraph (c) 
of this section.
    (2) The closed-vent system shall be designed and operated in 
accordance with the requirements specified in Sec. 265.1033(j) of this 
part.
    (3) If the closed-vent system contains one or more bypass devices 
that could be used to divert all or a portion of the gases, vapors, or 
fumes from entering the control device, the owner or operator shall 
meet the following requirements:
    (i) For each bypass device except as provided for in paragraph 
(b)(3)(ii) of this section, the owner or operator shall either:
    (A) Install, calibrate, maintain, and operate a flow indicator at 
the inlet to the bypass device that indicates at least once every 15 
minutes whether gas, vapor, or fume flow is present in the bypass 
device; or
    (B) Secure the valve installed at the inlet to the bypass device in 
the closed position using a car-seal or a lock-and-key type 
configuration. The owner or operator shall visually inspect the seal or 
closure mechanism at least once every month to verify that the valve is 
maintained in the closed position.
    (ii) Low leg drains, high point bleeds, analyzer vents, open-ended 
valves or lines, and safety devices are not subject to the requirements 
of paragraph (b)(3)(i) of this section.
    (c) The control device shall meet the following requirements:
    (1) The control device shall be one of the following devices:
    (i) A control device designed and operated to reduce the total 
organic content of the inlet vapor stream vented to the control device 
by at least 95 percent by weight;
    (ii) An enclosed combustion device designed and operated in 
accordance with the requirements of Sec. 265.1033(c); or
    (iii) A flare designed and operated in accordance with the 
requirements of Sec. 265.1033(d).
    (2) The control device shall be operating at all times when gases, 
vapors, or fumes are vented from the waste management unit through the 
closed-vent system to the control device.
    (3) The owner or operator using a carbon adsorption system to 
comply with paragraph (c)(1) of this section shall operate and maintain 
the control device in accordance with the following requirements:
    (i) Following the initial startup of the control device, all 
activated carbon in the control device shall be replaced with fresh 
carbon on a regular basis in accordance with the requirements of 
Sec. 265.1033(g) or Sec. 265.1033(h).
    (ii) All carbon removed from the control device shall be managed in 
accordance with the requirements of Sec. 265.1033(l).
    (4) An owner or operator using a control device other than a 
thermal vapor incinerator, flare, boiler, process heater, condenser, or 
carbon adsorption system to comply with paragraph (c)(1) of this 
section shall operate and maintain the control device in accordance 
with the requirements of Sec. 265.1033(i).
    (5) The owner or operator shall demonstrate that a control device 
achieves the performance requirements of paragraph (c)(1) of this 
section as follows:
    (i) An owner or operator shall demonstrate using either a 
performance test as specified in paragraph (c)(5)(iii) of this section 
or a design analysis as specified in paragraph (c)(5)(iv) of this 
section the performance of each control device except for the 
following:
    (A) A flare;
    (B) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater;
    (C) A boiler or process heater into which the vent stream is 
introduced with the primary fuel;
    (D) A boiler or process heater burning hazardous waste for which 
the owner or operator has been issued a final permit under 40 CFR part 
270 and designs and operates the unit in accordance with the 
requirements of 40 CFR part 266, subpart H; or
    (E) A boiler or process heater burning hazardous waste for which 
the owner or operator has certified compliance with the interim status 
requirements of 40 CFR part 266, subpart H.
    (ii) An owner or operator shall demonstrate the performance of each 
flare in accordance with the requirements specified in 
Sec. 265.1033(e).
    (iii) For a performance test conducted to meet the requirements of 
paragraph (c)(5)(i) of this section, the owner or operator shall use 
the test methods and procedures specified in Sec. 265.1034(c)(1) 
through (c)(4).
    (iv) For a design analysis conducted to meet the requirements of 
paragraph (c)(5)(i) of this section, the design analysis shall meet the 
requirements specified in Sec. 265.1035(b)(4)(iii).
    (v) The owner or operator shall demonstrate that a carbon 
adsorption system achieves the performance requirements of paragraph 
(c)(1) of this section based on the total quantity of organics vented 
to the atmosphere from all carbon adsorption system equipment that is 
used for organic adsorption, organic desorption or carbon regeneration, 
organic recovery, and carbon disposal.
    (6) If the owner or operator and the Regional Administrator do not 
agree on a demonstration of control device performance using a design 
analysis then the disagreement shall be resolved using the results of a 
performance test performed by the owner or operator in accordance with 
the requirements of paragraph (c)(5)(iii) of this section. The Regional 
Administrator may choose to have an authorized representative observe 
the performance test.


Sec. 265.1089  Inspection and monitoring requirements.

    (a) This section applies to an owner or operator using air emission 
controls in accordance with the requirements of Sec. 265.1085 through 
Sec. 265.1088 of this subpart.
    (b) Each cover used in accordance with requirements of 
Sec. 265.1085 through Sec. 265.1087 of this subpart shall be visually 
inspected and monitored for detectable organic emissions by the owner 
or operator using the procedure specified in paragraph (f) of this 
section except as follows:
    (1) An owner or operator is exempted from performing the cover 
inspection and monitoring requirements specified in paragraph (f) of 
this section for the following tank covers:
    (i) A tank internal floating roof that is inspected and monitored 
in accordance with the requirements of Sec. 265.1091 of this subpart; 
or
    (ii) A tank external floating roof that is inspected and monitored 
in accordance with the requirements of Sec. 265.1091 of this subpart.
    (2) If a tank is buried partially or entirely underground, an owner 
or operator is required to perform the cover inspection and monitoring 
requirements specified in paragraph (f) of this section only for those 
portions of the tank cover and those connections to the tank cover or 
tank body (e.g. fill ports, access hatches, gauge wells, etc.) that 
extend to or above the ground surface and can be opened to the 
atmosphere.
    (3) An owner or operator is exempted from performing the cover 
inspection and monitoring requirements specified in paragraph (f) of 
this section for a container that meets all requirements specified in 
either Sec. 265.1087(b)(1)(ii) or Sec. 265.1087(b)(1)(iii) of this 
subpart.
    (4) An owner or operator is exempted from performing the cover 
inspection and monitoring requirements specified in paragraph (f) of 
this section for an enclosure used to control air emissions from 
containers in accordance with the requirements of Sec. 265.1087(b)(2) 
of this subpart.
    (c) Each closed-vent system used in accordance with the 
requirements of Sec. 265.1088 of this subpart shall be inspected and 
monitored by the owner or operator in accordance with the procedure 
specified in Sec. 265.1033(j).
    (d) Each control device used in accordance with the requirements of 
Sec. 265.1088 of this subpart shall be inspected and monitored by the 
owner or operator in accordance with the procedure specified in 
Sec. 265.1033(f).
    (e) The owner or operator shall develop and implement a written 
plan and schedule to perform all inspection and monitoring requirements 
of this section. The owner or operator shall incorporate this plan and 
schedule into the facility inspection plan required under 40 CFR 
265.15.
    (f) Inspection and monitoring of a cover in accordance with the 
requirements of paragraph (b) of this section shall performed as 
follows:
    (1) The cover and all cover openings shall be initially visually 
inspected and monitored for detectable organic emissions on or before 
the date that the tank, surface impoundment, or container using the 
cover becomes subject to the provisions of this subpart and at other 
times as requested by the Regional Administrator.
    (2) At least once every 6 months following the initial visual 
inspection and monitoring for detectable organic emissions required 
under paragraph (f)(1) of this section, the owner and operator shall 
visually inspect and monitor the cover and each cover opening except 
for following cover openings:
    (i) A cover opening that has continuously remained in a closed, 
sealed position for the entire period since the last time the cover 
opening was visually inspected and monitored for detectable emissions;
    (ii) A cover opening that is designated as unsafe to inspect and 
monitor in accordance with paragraph (f)(5) of this section;
    (iii) A cover opening on a cover installed and placed in operation 
before December 6, 1994, that is designated as difficult to inspect and 
monitor in accordance with paragraph (f)(6) of this section.
    (3) To visually inspect a cover, the owner or operator shall view 
the entire cover surface and each cover opening in a closed, sealed 
position for evidence of any defect that may affect the ability of the 
cover or cover opening to continue to operate with no detectable 
organic emissions. A visible hole, gap, tear, or split in the cover 
surface or a cover opening is defined as a leak which shall be repaired 
in accordance with paragraph (f)(7) of this section.
    (4) To monitor a cover for detectable organic emissions, the owner 
or operator shall use the following procedure:
    (i) Method 21 in 40 CFR part 60, appendix A to test each cover seal 
and cover connection for detectable organic emissions. Seals on 
floating membrane covers shall be monitored around the entire perimeter 
of the cover at locations spaced no greater than 3 meters apart.
    (ii) For all cover connections and seals except for the seals 
around a rotating shaft that passes through a cover opening, if the 
monitoring instrument indicates detectable organic emissions (i.e., an 
instrument concentration reading greater than 500 ppmv plus the 
background level), then a leak is detected. Each detected leak shall be 
repaired in accordance with paragraph (f)(7) of this section.
    (iii) For the seals around a rotating shaft that passes through a 
cover opening, if the monitoring instrument indicates a concentration 
reading greater than 10,000 ppmv, then a leak is detected. Each 
detected leak shall be repaired in accordance with paragraph (f)(7) of 
this section.
    (5) An owner or operator may designate a cover as an unsafe to 
inspect and monitor cover if all of the following conditions are met:
    (i) The owner or operator determines that inspection or monitoring 
of the cover would expose a worker to dangerous, hazardous, or other 
unsafe conditions.
    (ii) The owner or operator develops and implements a written plan 
and schedule to inspect the cover using the procedure specified in 
paragraph (f)(3) of this section and monitor the cover using the 
procedure specified in paragraph (f)(4) of this section as frequently 
as practicable during those times when a worker can safely access the 
cover.
    (6) An owner or operator may designate a cover installed and placed 
in operation before December 6, 1994, as a difficult to inspect and 
monitor cover if all of the following conditions are met:
    (i) The owner or operator determines that inspection or monitoring 
the cover requires elevating a worker to a height greater than 2 meters 
above a support surface; and
    (ii) The owner and operator develops and implements a written plan 
and schedule to inspect the cover using the procedure specified in 
paragraph (f)(3) of this section, and to monitor the cover using the 
procedure specified in paragraph (f)(4) of this section at least once 
per calendar year.
    (7) When a leak is detected by either of the methods specified in 
paragraph (f)(3) or (f)(4) of this section, the owner or operator shall 
repair the leak in the following manner:
    (i) The owner or operator shall make a first attempt at repairing 
the leak no later than 5 calendar days after the leak is detected. 
Repair of the leak shall be completed as soon as practicable, but no 
later than 15 calendar days after the leak is detected. If repair of 
the leak cannot be completed within the 15-day period, except as 
provided in paragraph (f)(7)(ii) of this section, then the owner or 
operator shall not add hazardous waste to the tank, surface 
impoundment, or container on which the cover is installed until the 
repair of the leak is completed.
    (ii) Repair of a leak detected on a cover installed on a tank or 
surface impoundment may be delayed beyond 15 calendar days if the owner 
or operator determines that both of the following conditions occur:
    (A) Repair of the leak requires first emptying the contents of the 
tank or surface impoundment; and
    (B) Temporary removal of the tank or surface impoundment from 
service will result in the unscheduled cessation of production from the 
process unit or operation of the waste management unit that is 
generating the hazardous waste managed in the tank or surface 
impoundment.
    (iii) Repair of a leak determined by the owner or operator to meet 
the conditions specified in paragraph (f)(7)(ii) of this section shall 
be performed at the next time the process, system, or waste management 
unit that is generating the hazardous waste managed in the tank or 
surface impoundment stops operation for any reason.


Sec. 265.1090  Recordkeeping requirements.

    (a) Each owner or operator of a facility subject to requirements in 
this subpart shall record and maintain the following information as 
applicable:
    (1) Documentation for each cover installed on a tank in accordance 
with the requirements of Sec. 265.1085(b)(2) or Sec. 265.1085(b)(3) of 
this subpart that includes information prepared by the owner or 
operator or provided by the cover manufacturer or vendor describing the 
cover design, and certification by the owner or operator that the cover 
meets the applicable design specifications as listed in 
Sec. 265.1091(c) of this subpart.
    (2) Documentation for each floating membrane cover installed on a 
surface impoundment in accordance with the requirements of 
Sec. 265.1086(c) of this subpart that includes information prepared by 
the owner or operator or provided by the cover manufacturer or vendor 
describing the cover design, and certification by the owner or operator 
that the cover meets the specifications listed in Sec. 265.1086(e) of 
this subpart.
    (3) Documentation for each enclosure used to control air emissions 
from containers in accordance with the requirements of 
Sec. 265.1087(b)(2)(i) of this subpart that includes information 
prepared by the owner or operator or provided by the manufacturer or 
vendor describing the enclosure design, and certification by the owner 
or operator that the enclosure meets the specifications listed in 
Sec. 265.1087(b)(2)(ii) of this subpart.
    (4) Documentation for each closed-vent system and control device 
installed in accordance with the requirements of Sec. 265.1088 of this 
subpart that includes:
    (i) Certification that is signed and dated by the owner or operator 
stating that the control device is designed to operate at the 
performance level documented by a design analysis as specified in 
paragraph (a)(4)(ii) of this section or by performance tests as 
specified in paragraph (a)(4)(iii) of this section when the tank, 
surface impoundment, or container is or would be operating at capacity 
or the highest level reasonably expected to occur.
    (ii) If a design analysis is used, then design documentation as 
specified in Sec. 265.1035(b)(4). The documentation shall include 
information prepared by the owner or operator or provided by the 
control device manufacturer or vendor that describes the control device 
design in accordance with Sec. 265.1035(b)(4)(iii) and certification by 
the owner or operator that the control equipment meets the applicable 
specifications.
    (iii) If performance tests are used, then a performance test plan 
as specified in Sec. 265.1035(b)(3) and all test results.
    (iv) Information as required by Sec. 265.1035(c)(1) and 
Sec. 265.1035(c)(2).
    (5) Records for all Method 27 tests performed by the owner or 
operator for each container used to meet the requirements of 
Sec. 265.1087(b)(1)(iii) of this subpart.
    (6) Records for all visual inspections conducted in accordance with 
the requirements of Sec. 265.1089 of this subpart.
    (7) Records for all monitoring for detectable organic emissions 
conducted in accordance with the requirements of Sec. 265.1089 of this 
subpart.
    (8) Records of the date of each attempt to repair a leak, repair 
methods applied, and the date of successful repair.
    (9) Records for all continuous monitoring conducted in accordance 
with the requirements of Sec. 265.1089 of this subpart.
    (10) Records of the management of carbon removed from a carbon 
adsorption system conducted in accordance with Sec. 265.1088(c)(3)(ii) 
of this subpart.
    (11) Records for all inspections of each cover installed on a tank 
in accordance with the requirements of Sec. 265.1085(b)(2) or 
Sec. 265.1085(b)(3) of this subpart that includes information as listed 
in Sec. 265.1091(c) of this subpart.
    (b) An owner or operator electing to use air emission controls for 
a tank in accordance with the conditions specified in Sec. 265.1085(c) 
of this subpart shall record the following information:
    (1) Date and time each waste sample is collected for direct 
measurement of maximum organic vapor pressure in accordance with 
Sec. 265.1084(c) of this subpart.
    (2) Results of each determination for the maximum organic vapor 
pressure of the waste in the tank performed in accordance with 
Sec. 265.1084(c) of this subpart.
    (3) Records specifying the tank dimensions and design capacity.
    (c) An owner or operator electing to use air emission controls for 
a tank in accordance with the requirements of Sec. 265.1091 of this 
subpart shall record the information required by Sec. 265.1091(c) of 
this subpart.
    (d) An owner or operator electing not to use air emission controls 
for a particular tank, surface impoundment, or container subject to 
this subpart in accordance with the conditions specified in 
Sec. 265.1083(c) of this subpart shall record the information used by 
the owner or operator for each waste determination (e.g., test results, 
measurements, calculations, and other documentation) in the facility 
operating log. If analysis results for waste samples are used for the 
waste determination, then the owner or operator shall record the date, 
time, and location that each waste sample is collected in accordance 
with applicable requirements of Sec. 265.1084 of this subpart.
    (e) An owner or operator electing to comply with requirements in 
accordance with Sec. 265.1083(c)(2)(vi) or Sec. 265.1083(c)(2)(v) of 
this subpart shall record the identification number for the 
incinerator, boiler, or industrial furnace in which the hazardous waste 
is treated.
    (f) An owner or operator designating a cover as unsafe to inspect 
and monitor pursuant to Sec. 265.1089(f)(5) of this subpart or 
difficult to inspect and monitor pursuant to Sec. 265.1089(f)(6) of 
this subpart shall record in a log that is kept in the facility 
operating record the following information:
    (1) A list of identification numbers for tanks with covers that are 
designated as unsafe to inspect and monitor in accordance with the 
requirements of Sec. 265.1089(f)(5) of this subpart, an explanation for 
each cover stating why the cover is unsafe to inspect and monitor, and 
the plan and schedule for inspecting and monitoring each cover.
    (2) A list of identification numbers for tanks with covers that are 
designated as difficult to inspect and monitor in accordance with the 
requirements of Sec. 265.1089(f)(6) of this subpart, an explanation for 
each cover stating why the cover is difficult to inspect and monitor, 
and the plan and schedule for inspecting and monitoring each cover.
    (g) All records required by paragraphs (a) through (f) of this 
section except as required in paragraphs (a)(1) through (a)(4) of this 
section shall be maintained in the operating record for a minimum of 3 
years. All records required by paragraphs (a)(1) through (a)(4) of this 
section shall be maintained in the operating record until the air 
emission control equipment is replaced or otherwise no longer in 
service.
    (h) The owner or operator of a facility that is subject to this 
subpart and to the control device standards in 40 CFR part 60, subpart 
VV, or 40 CFR part 61, subpart V, may elect to demonstrate compliance 
with the applicable sections of this subpart by documentation either 
pursuant to this subpart, or pursuant to the provisions of 40 CFR part 
60, subpart VV or 40 CFR part 61, subpart V, to the extent that the 
documentation required by 40 CFR parts 60 or 61 duplicates the 
documentation required by this section.


Sec. 265.1091  Alternative tank emissions control requirements.

    (a) This section applies to owners and operators of tanks electing 
to comply with Sec. 265.1085(b)(2) or (b)(3) of this subpart.
    (1) The owner or operator electing to comply with 
Sec. 265.1085(b)(2) of this subpart shall design, install, operate, and 
maintain a fixed roof and internal floating roof that meet the 
following requirements.
    (i) The fixed roof shall comply with the requirements of 
Sec. 265.1085(d)(1) of this subpart. The internal floating roof shall 
rest or float on the waste surface (but not necessarily in complete 
contact with it) inside a tank that has a fixed roof. The internal 
floating roof shall be floating on the waste surface at all times, 
except during initial fill and during those intervals when the tank is 
completely emptied or subsequently emptied and refilled. When the roof 
is resting on the leg supports, the process of filling, emptying, or 
refilling shall be continuous and shall be accomplished as rapidly as 
possible.
    (ii) Each internal floating roof shall be equipped with one of the 
following closure devices between the wall of the tank and the edge of 
the internal floating roof:
    (A) A foam- or liquid-filled seal mounted in contact with the waste 
(liquid-mounted seal). A liquid-mounted seal means a foam- or liquid-
filled seal mounted in contact with the waste between the wall of the 
tank and the floating roof continuously around the circumference of the 
tank.
    (B) Two seals mounted one above the other so that each forms a 
continuous closure that completely covers the space between the wall of 
the tank and the edge of the internal floating roof. The lower seal may 
be vapor-mounted, but both shall be continuous.
    (C) A mechanical shoe seal. A mechanical shoe seal is a metal sheet 
held vertically against the wall of the tank by springs or weighted 
levers and is connected by braces to the floating roof. A flexible 
coated fabric (envelope) spans the annular space between the metal 
sheet and the floating roof.
    (iii) Each opening in a noncontact internal floating roof except 
for automatic bleeder vents (vacuum breaker vents) and the rim space 
vents is to provide a projection below the waste surface.
    (iv) Each opening in the internal floating roof except for leg 
sleeves, automatic bleeder vents, rim space vents, column wells, ladder 
wells, sample wells, and stub drains is to be equipped with a cover or 
lid which is to be maintained in a closed position at all times (i.e., 
no visible gap) except when the device is in actual use. The cover or 
lid shall be equipped with a gasket. Covers on each access hatch and 
automatic gauge float well shall be bolted except when they are in use.
    (v) Automatic bleeder vents shall be equipped with a gasket and are 
to be closed at all times when the roof is floating except when the 
roof is being floated off or is being landed on the roof leg supports.
    (vi) Rim space vents shall be equipped with a gasket and are to be 
set to open only when the internal floating roof is not floating or at 
the manufacturer's recommended setting.
    (vii) Each penetration of the internal floating roof for the 
purpose of sampling shall be a sample well. The sample well shall have 
a slit fabric cover that covers at least 90 percent of the opening.
    (viii) Each penetration of the internal floating roof that allows 
for passage of a column supporting the fixed roof shall have a flexible 
fabric sleeve seal or a gasketed sliding cover.
    (ix) Each penetration of the internal floating roof that allows for 
passage of a ladder shall have a gasketed sliding cover.
    (2) The owner or operator electing to comply with 
Sec. 265.1085(b)(3) of this subpart shall design, install, operate, and 
maintain an external floating roof that meets the following 
requirements:
    (i) Each external floating roof shall be equipped with a closure 
device between the wall of the tank and the roof edge. The closure 
device is to consist of two seals, one above the other. The lower seal 
is referred to as the primary seal, and the upper seal is referred to 
as the secondary seal.
    (A) The primary seal shall be either a mechanical shoe seal or a 
liquid-mounted seal. Except as provided in paragraph (b)(2)(iv) of this 
section, the seal shall completely cover the annular space between the 
edge of the floating roof and tank wall.
    (B) The secondary seal shall completely cover the annular space 
between the external floating roof and the wall of the tank in a 
continuous fashion except as allowed in paragraph (b)(2)(iv) of this 
section.
    (ii) Except for automatic bleeder vents and rim space vents, each 
opening in a noncontact external floating roof shall provide a 
projection below the waste surface. Except for automatic bleeder vents, 
rim space vents, roof drains, and leg sleeves, each opening in the roof 
is to be equipped with a gasketed cover, seal, or lid that is to be 
maintained in a closed position at all times (i.e., no visible gap) 
except when the device is in actual use. Automatic bleeder vents are to 
be closed at all times when the roof is floating except when the roof 
is being floated off or is being landed on the roof leg supports. Rim 
vents are to be set to open when the roof is being floated off the roof 
leg supports or at the manufacturer's recommended setting. Automatic 
bleeder vents and rim space vents are to be gasketed. Each emergency 
roof drain is to be provided with a slotted membrane fabric cover that 
covers at least 90 percent of the area of the opening.
    (iii) The roof shall be floating on the waste at all times (i.e., 
off the roof leg supports) except during initial fill until the roof is 
lifted off leg supports and when the tank is completely emptied and 
subsequently refilled. The process of filling, emptying, or refilling 
when the roof is resting on the leg supports shall be continuous and 
shall be accomplished as rapidly as possible.
    (3) The owner or operator may elect to comply with 
Sec. 265.1085(b)(2) or (b)(3) of this subpart using an alternative 
means of emission limitation for which a Federal Register notice has 
been published in accordance with the requirements of 40 CFR 60.114b 
permitting its use as an alternative means for the purpose of 
compliance with 40 CFR 60.112b.
    (b) Monitoring and inspection of the control equipment described in 
paragraph (a) of this section shall be conducted as follows:
    (1) After installation, owners and operators of internal floating 
roofs shall:
    (i) Visually inspect the internal floating roof, the primary seal, 
and the secondary seal (if one is in service), prior to filling the 
tank with waste. If there are holes, tears, or other openings in the 
primary seal, the secondary seal, or the seal fabric, or defects in the 
internal floating roof, or both, the owner or operator shall repair the 
items before filling the tank.
    (ii) For tanks equipped with a liquid-mounted or mechanical shoe 
primary seal, visually inspect the internal floating roof and the 
primary seal or the secondary seal (if one is in service) through 
manholes and roof hatches on the fixed roof at least once every 12 
months after initial fill. If the internal floating roof is not resting 
on the surface of the waste inside the tank, or there is liquid 
accumulated on the roof, or the seal is detached, or there are holes or 
tears in the seal fabric, the owner or operator shall repair the items 
or empty and remove the tank from service within 45 days. If a failure 
that is detected during inspections required in this paragraph cannot 
be repaired within 45 days and if the tank cannot be emptied within 45 
days, a 30-day extension may be requested from the Regional 
Administrator. Such a request for an extension shall document that 
alternate capacity is unavailable and specify a schedule of actions the 
owner or operator will take that will assure that the control equipment 
will be repaired or the tank will be emptied as soon as possible.
    (iii) For tanks equipped with a double-seal system as specified in 
paragraph (a)(1)(i)(B) of this section:
    (A) Visually inspect the tank as specified in paragraph (b)(1)(iv) 
of this section at least every 5 years; or
    (B) Visually inspect the tank as specified in paragraph (b)(1)(ii) 
of this section.
    (iv) Visually inspect the internal floating roof, the primary seal, 
the secondary seal (if one is in service), gaskets, slotted membranes, 
and sleeve seals (if any) each time the tank is emptied and degassed. 
If the internal floating roof has defects; the primary seal has holes, 
tears, or other openings in the seal or the seal fabric; or the 
secondary seal has holes, tears, or other openings in the seal or the 
seal fabric; or the gaskets no longer close off the waste surfaces from 
the atmosphere; or the slotted membrane has more than 10 percent open 
area, the owner or operator shall repair the items as necessary so that 
none of the conditions specified in this paragraph exist before 
refilling the tank with waste. In no event shall inspections conducted 
in accordance with this provision occur at intervals greater than 10 
years in the case of tanks conducting the annual visual inspection as 
specified in paragraph (b)(1)(ii) of this section, and at intervals no 
greater than 5 years in the case of tanks specified in paragraph 
(b)(1)(iii) of this section.
    (v) Notify the Regional Administrator in writing at least 30 days 
prior to the filling or refilling of each tank for which an inspection 
is required by paragraphs (b)(1)(i) and (b)(1)(iv) of this section to 
afford the Regional Administrator the opportunity to have an observer 
present. If the inspection required by paragraph (b)(1)(iv) of this 
section is not planned and the owner or operator could not have known 
about the inspection 30 days in advance of refilling the tank, the 
owner or operator shall notify the Regional Administrator at least 7 
days prior to the refilling of the tank. Notification shall be made by 
telephone immediately followed by written documentation demonstrating 
why the inspection was unplanned. Alternatively, this notification, 
including the written documentation, may be made in writing and sent by 
express mail so that it is received by the Regional Administrator at 
least 7 days prior to the refilling.
    (2) After installation, the owner or operator of an external 
floating roof shall:
    (i) Determine the gap areas and maximum gap widths between the 
primary seal and the wall of the tank and between the secondary seal 
and the wall of the tank according to the following frequency:
    (A) Measurements of gaps between the tank wall and the primary seal 
(seal gaps) shall be performed during the hydrostatic testing of the 
tank or within 60 days of the initial fill with waste and at least once 
every 5 years thereafter.
    (B) Measurements of gaps between the tank wall and the secondary 
seal shall be performed within 60 days of the initial fill with waste 
and at least once per year thereafter.
    (C) If any tank ceases to hold waste for a period of 1 year or 
more, subsequent introduction of waste into the tank shall be 
considered an initial fill for the purposes of paragraphs (b)(2)(i)(A) 
and (b)(2)(i)(B) of this section.
    (ii) Determine the gap widths and areas in the primary and 
secondary seals individually by the following procedures:
    (A) Measure seal gaps, if any, at one or more floating roof levels 
when the roof is floating off the roof leg supports.
    (B) Measure seal gaps around the entire circumference of the tank 
in each place where a 0.32-cm diameter uniform probe passes freely 
(without forcing or binding against the seal) between the seal and the 
wall of the tank and measure the circumferential distance of each such 
location.
    (C) Determine the total surface area of each gap described in 
paragraph (b)(2)(ii)(B) of this section by using probes of various 
widths to measure accurately the actual distance from the tank wall to 
the seal and multiplying each such width by its respective 
circumferential distance.
    (iii) Add the gap surface area of each gap location for the primary 
seal and the secondary seal individually and divide the sum for each 
seal by the nominal diameter of the tank and compare each ratio to the 
respective standards in paragraph (b)(2)(iv) of this section.
    (iv) Make necessary repairs or empty the tank within 45 days of 
identification in any inspection for seals not meeting the following 
requirements:
    (A) The accumulated area of gaps between the tank wall and the 
mechanical shoe or liquid-mounted primary seal shall not exceed 212 
cm2 per meter of tank diameter, and the width of any portion of 
any gap shall not exceed 3.81 cm.
    (1) One end of the mechanical shoe is to extend into the waste 
contained in the tank, and the other end is to extend a minimum 
vertical distance of 61 cm above the waste surface.
    (2) There are to be no holes, tears, or other openings in the shoe, 
seal fabric, or seal envelope.
    (B) The secondary seal is to meet the following requirements:
    (1) The secondary seal is to be installed above the primary seal so 
that it completely covers the space between the roof edge and the tank 
wall except as provided in paragraph (b)(2)(ii)(C) of this section.
    (2) The accumulated area of gaps between the tank wall and the 
secondary seal shall not exceed 21.2 cm2 per meter of tank 
diameter, and the width of any portion of any gap shall not exceed 1.27 
cm.
    (3) There are to be no holes, tears, or other openings in the seal 
or seal fabric.
    (v) If a failure that is detected during inspections required in 
paragraph (b)(2)(i) of this section cannot be repaired within 45 days 
and if the tank cannot be emptied within 45 days, a 30-day extension 
may be requested from the Regional Administrator. Such extension 
request shall include a demonstration of the unavailability of 
alternate capacity and a specification of a schedule that will assure 
that the control equipment will be repaired or the tank will be emptied 
as soon as possible.
    (vi) Notify the Regional Administrator 30 days in advance of any 
gap measurements required by paragraph (b)(2)(i) of this section to 
afford the Regional Administrator the opportunity to have an observer 
present.
    (vii) Visually inspect the external floating roof, the primary 
seal, secondary seal, and fittings each time the vessel is emptied and 
degassed.
    (A) If the external floating roof has defects, the primary seal has 
holes, tears, or other openings in the seal or the seal fabric, or the 
secondary seal has holes, tears, or other openings in the seal or the 
seal fabric, the owner or operator shall repair the items as necessary 
so that none of the conditions specified in this paragraph exist before 
filling or refilling the tank with waste.
    (B) For all the inspections required by paragraph (b)(2)(vii) of 
this section, the owner or operator shall notify the Regional 
Administrator in writing at least 30 days prior to the filling or 
refilling of each tank to afford the Regional Administrator the 
opportunity to inspect the tank prior to refilling. If the inspection 
required by paragraph (b)(2)(vii) of this section is not planned and 
the owner or operator could not have known about the inspection 30 days 
in advance of refilling the tank, the owner or operator shall notify 
the Regional Administrator at least 7 days prior to the refilling of 
the tank. Notification shall be made by telephone immediately followed 
by written documentation demonstrating why the inspection was 
unplanned. Alternatively, this notification, including the written 
documentation, may be made in writing and sent by express mail so that 
it is received by the Regional Administrator at least 7 days prior to 
the refilling.
    (c) Owners and operators who elect to install and operate the 
control equipment in paragraph (a) of this section shall include the 
following information in the operating record in accordance with the 
requirements of Sec. 265.1090(a)(1) and (a)(11) of this subpart:
    (1) Internal floating roof.
    (i) Documentation that describes the control equipment design and 
certifies that the control equipment meets the specifications of 
paragraphs (a)(1) and (b)(1) of this section.
    (ii) Records of each inspection performed as required by paragraphs 
(b)(1)(i) through (b)(1)(iv) of this section. Each record shall 
identify the tank on which the inspection was performed and shall 
contain the date the tank was inspected and the observed condition of 
each component of the control equipment (seals, internal floating roof, 
and fittings).
    (iii) If any of the conditions described in paragraph (b)(1)(ii) of 
this section are detected during the annual visual inspection required 
by paragraph (b)(1)(ii) of this section, the records shall identify the 
tank, the nature of the defects, and the date the tank was emptied or 
the nature of and date the repair was made.
    (iv) After each inspection required by paragraph (b)(1)(iii) of 
this section that finds holes or tears in the seal or seal fabric, or 
defects in the internal floating roof, or other control equipment 
defects listed in paragraph (b)(1)(ii) of this section, the records 
shall identify the tank and the reason it did not meet the 
specifications of paragraph (a)(1) or (b)(1)(iii) of this section and 
describe each repair made.
    (2) External floating roof.
    (i) Documentation that describes the control equipment design and 
certifies that the control equipment meets the specifications of 
paragraphs (a)(2) and (b)(2)(ii) through (b)(2)(iv) of this section.
    (ii) Records of each gap measurement performed as required by 
paragraph (b)(2) of this section. Each record shall identify the tank 
in which the measurement was performed, the date of measurement, the 
raw data obtained in the measurement, and the calculations described in 
paragraphs (b)(2)(ii) and (b)(2)(iii) of this section.
    (iii) Records for each seal gap measurement that detects gaps 
exceeding the limitations specified by paragraph (b)(2)(iv) of this 
section that identifies the tank, the date the tank was emptied or the 
repairs made, and the nature of the repair.

PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE 
MANAGEMENT PROGRAM

    33. The authority citation for part 270 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912, 6925, 6927, 6939, and 6974.

Subpart A--General Information

    34. Section 270.4 is amended by revising paragraphs (a)(2), and 
(a)(3) and by adding paragraph (a)(4) to read as follows:


Sec. 270.4  Effect of a permit.

    (a) * * *
    (2) Are promulgated under part 268 of this chapter restricting the 
placement of hazardous wastes in or on the land;
    (3) Are promulgated under part 264 of this chapter regarding leak 
detection systems for new and replacement surface impoundment, waste 
pile, and landfill units, and lateral expansions of surface 
impoundment, waste pile, and landfill units. The leak detection system 
requirements include double liners, CQA programs, monitoring, action 
leakage rates, and response action plans, and will be implemented 
through the procedures of Sec. 270.42 Class 1 permit modifications; or
    (4) Are promulgated under subparts AA, BB, or CC of part 265 of 
this chapter limiting air emissions.
* * * * *

Subpart B--Permit Application

    35. Section 270.14 is amended by revising paragraph (b)(5) to read 
as follows:


Sec. 270.14  Contents of Part B: General requirements.

* * * * *
    (b) * * *
    (5) A copy of the general inspection schedule required by 
Sec. 264.15(b). Include where applicable, as part of the inspection 
schedule, specific requirements in Secs. 264.174, 245.193(i), 264.195, 
264.226, 264.254, 264.273, 264.303, 264.602, 264.1033, 264.1052, 
264.1053, 264.1058, 264.1088, and 264.1091.
* * * * *
    36. Section 270.15 is amended by adding paragraph (e) to read as 
follows:


Sec. 270.15  Specific Part B information requirements for containers.

* * * * *
    (e) Information on air emission control equipment as required in 
Sec. 270.27.
    37. Section 270.16 is amended by adding paragraph (k) to read as 
follows:


Sec. 270.16  Specific Part B information requirements for tank systems.

* * * * *
    (k) Information on air emission control equipment as required in 
Sec. 270.27.
    38. Section 270.17 is amended by adding paragraph (j) to read as 
follows:


Sec. 270.17  Specific Part B information requirements for surface 
impoundments.

* * * * *
    (j) Information on air emission control equipment as required in 
Sec. 270.27.
    39. Part 270 subpart B is amended by adding Sec. 270.27 to read as 
follows:


Sec. 270.27  Specific Part B information requirements for air emission 
controls for tanks, surface impoundments, and containers.

    (a) Except as otherwise provided in Sec. 264.1 of this chapter, 
owners and operators of tanks, surface impoundments, or containers that 
use air emission controls in accordance with the requirements of 40 CFR 
part 264, subpart CC shall provide the following additional 
information:
    (1) Documentation for each cover installed on a tank subject to 
Sec. 264.1084(b)(2) or Sec. 264.1084(b)(3) of this chapter that 
includes information prepared by the owner or operator or provided by 
the cover manufacturer or vendor describing the cover design, and 
certification by the owner or operator that the cover meets the 
applicable design specifications as listed in Sec. 265.1091(c) of this 
chapter.
    (2) Identification of each container area subject to the 
requirements of 40 CFR part 264, subpart CC and certification by the 
owner or operator that the requirements of this subpart are met.
    (3) Documentation for each enclosure used to control air emissions 
from containers in accordance with the requirements of 
Sec. 264.1086(b)(2)(i) of this chapter that includes information 
prepared by the owner or operator or provided by the manufacturer or 
vendor describing the enclosure design, and certification by the owner 
or operator that the enclosure meets the specifications listed in 
Sec. 265.1087(b)(2)(ii) of this chapter.
    (4) Documentation for each floating membrane cover installed on a 
surface impoundment in accordance with the requirements of 
Sec. 264.1085(c) of this chapter that includes information prepared by 
the owner or operator or provided by the cover manufacturer or vendor 
describing the cover design, and certification by the owner or operator 
that the cover meets the specifications listed in Sec. 265.1086(e) of 
this chapter.
    (5) Documentation for each closed-vent system and control device 
installed in accordance with the requirements of Sec. 264.1087 of this 
chapter that includes design and performance information as specified 
in Sec. 270.24 (c) and (d).
    (6) An emission monitoring plan for both Method 21 and control 
device monitoring methods. This plan shall include the following 
information: monitoring point(s), monitoring methods for control 
devices, monitoring frequency, procedures for documenting exceedances, 
and procedures for mitigating noncompliances.
    (7) When an owner or operator of a facility subject to 40 CFR part 
265, subpart CC cannot comply with 40 CFR part 264, subpart CC by the 
date of permit issuance, the schedule of implementation required under 
Sec. 265.1082 of this chapter.

PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE 
PROGRAMS

    40. The authority citation for part 271 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912(a), and 6926.

Subpart A--Requirements for Final Authorization

    41. Section 271.1(j) is amended by adding the following entry to 
Table 1 in chronological order by date of publication:


Sec. 271.1  Purpose and scope.

* * * * *
    (j) * * *

               Table 1--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984               
----------------------------------------------------------------------------------------------------------------
     Promulgation date           Title of regulation      Federal Register reference        Effective date      
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                  * * * * * * *                                                 
[insert date of publication  Air Emission Standards for   [Insert Federal Register    [insert date 180 days     
 in the Federal Register].    Tanks, Surface               reference to final rule].   after date of publication
                              Impoundments, and                                        in the Federal Register].
                              Containers.                                                                       
----------------------------------------------------------------------------------------------------------------

* * * * *
    42. Section 271.1(j) is amended by adding the following entry to 
Table 2 in chronological order by date of publication:


Sec. 271.1  Purpose and scope.

* * * * *
    (j) * * *

            Table 2--Self-Implementing Provisions of the Hazardous and Solid Waste Amendments of 1984           
----------------------------------------------------------------------------------------------------------------
       Effective date        Self-implementing provision         RCRA citation        Federal Register reference
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                  * * * * * * *                                                 
June 5, 1995...............  Air Emission Standards for   3004(n)...................  [Insert Federal Register  
                              Tanks, Surface                                           reference to final rule] 
                              Impoundments, and                                                                 
                              Containers.                                                                       
----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 94-29693 Filed 12-5-94; 8:45 am]
BILLING CODE 6560-50-P