[Federal Register Volume 61, Number 228 (Monday, November 25, 1996)]
[Rules and Regulations]
[Pages 59932-59997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29456]


      

[[Page 59931]]

_______________________________________________________________________

Part II





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 261, et al.



Organic Air Emission Standards for Tanks, Surface Impoundments, and 
Containers; Final Rule

  Federal Register / Vol. 61, No. 228 / Monday, November 25, 1996 / 
Rules and Regulations  

[[Page 59932]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 261, 262, 264, 265, 270, and 271

[IL-64-2-5807; FRL-5634-4]
RIN 2060-AG44


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.

-----------------------------------------------------------------------

SUMMARY: Under the authority of the Resource Conservation and Recovery 
Act (RCRA), as amended, the EPA has published standards (59 FR 62896, 
December 6, 1994) to reduce organic air emissions from certain 
hazardous waste management activities to levels that are protective of 
human health and the environment. (The standards are known colloquially 
as the ``subpart CC'' standards due to their inclusion in subpart CC of 
parts 264 and 265 of the RCRA subtitle C regulations). These air 
standards apply to certain tanks, containers, and surface impoundments 
(including tanks and containers at generators' facilities) used to 
manage hazardous waste capable of releasing organic waste constituents 
at levels which can harm human health and the environment.
    The EPA previously has stayed the effective date of those rules 
administratively in order to receive and evaluate comments and 
ultimately to revise the rules in an appropriate manner. Today's action 
amends and clarifies the regulatory text of the final standards, 
clarifies certain language in the preamble to the final rule, and in 
doing so provides additional options for compliance that give owners 
and operators increased flexibility in meeting the requirements of the 
rules while still providing sufficient controls to be protective of 
human health and the environment. In addition, today's action suspends 
the applicability and implementation of subpart CC of Parts 264 and 265 
from October 6, 1996, to December 6, 1996.

DATES: These amendments are effective October 6, 1996. The 
applicability and implementation of Subpart CC of Parts 264 and 265 is 
suspended from October 6, 1996, to December 6, 1996.

ADDRESSES: This document is 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 ``RCRAAMEN.ZIP'' to download this 
notice. 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, F-94-CE2A-FFFFF, F-95-CE3A-FFFFF and 
F-96-CE4A-FFFFF. The RCRA docket is located at Crystal Gateway, 1235 
Jefferson Davis Highway, First Floor, Arlington, Virginia. Hand 
delivery of items and review of docket materials are made at the 
Virginia address. The public must have an appointment to review docket 
materials. Appointments can be scheduled by calling the Docket Office 
at (703) 603-9230. The mailing address for the RCRA docket office is 
RCRA Information Center (5305W), U.S. Environmental Protection Agency, 
401 M Street SW, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: For information concerning 
applicability, permitting, enforcement and rule determinations, contact 
the appropriate regional representative:

Region I:
    Stephen Yee, (617) 565-3550, U.S. EPA, Region I, JFK Federal 
Building, Boston, MA 02203-0001
Region II:
    Abdool Jabar, (212) 637-4131, John Brogard, 637-4162, Jim Sullivan, 
637-3812, U.S. EPA, Region II, 290 Broadway, New York, NY 10007-1866
Region III:
    Linda Matyskiela,(215) 566-3420, U.S. EPA, Region III, 841 Chestnut 
Building, Philadelphia, PA 19107
Region IV:
    Denise Housley, (404) 562-8495, Rick Gillam, 562-8498, Judy 
Sophianolpoulos, 562-8604, U.S. EPA, Region IV, 345 Courtland Street, 
N.E., Atlanta, GA 30365
Region V:
    Charles Slaustas, (312) 886-6190, Ros Del Rosario, 886-6195, 
Uylaine McMahan, 886-4454, U.S. EPA, Region V, 5AE-26, 77 West Jackson 
Street, Chicago, IL 60604
Region VI:
    Michelle Peace, (214) 665-7430, David McQuiddy, 665-6722, U.S. EPA, 
Region VI, 1445 Ross Avenue, Suite 1200, Dallas, TX 75202-2733
Region VII:
    Don Lininger, (913) 551-7724, Ken Herstowski, 551-7631, U.S. EPA, 
Region VII, 726 Minnesota Avenue, Kansas City, KS 66101
Region VIII:
    Mindy Mohr, (303) 312-6525, U.S. EPA, Region VIII, 999 18th Street, 
Suite 500, Denver, CO 80202-2466
Region IX:
    Stacy Braye, (415) 774-2056, Jean Daniel, 774-2128, U.S. EPA, 
Region IX, 75 Hawthorne Street, San Francisco, CA
Region X:
    Linda Liu, (206) 553-1447, David Bartus, 553-2804, U.S. EPA, Region 
X, OAQ-107, 1200 Sixth Avenue, Seattle, WA 98101
    For general information about the RCRA Air Rules, or specific rule 
requirements of RCRA rules, please contact the RCRA Hotline, toll-free 
at (800) 424-9346. For questions about testing or analytical methods 
mentioned in this notice, please contact the Emission Measurement 
Center (MD-19), U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711, telephone (919) 541-5374. For information 
concerning the analyses performed in developing this rule, contact Ms. 
Michele Aston, Emission Standards Division (MD-13), U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711.

    Note: The EPA notes that this published preamble differs in two 
respects from that signed by the Administrator on October 4, 1996. 
First, the EPA has altered the wording of the DATES section of the 
rule to indicate that these amendments are suspended between the 
period October 4, 1996, and December 6, 1996. The alteration is in 
the use of the new term, ``suspend.'' The result of this alteration 
is equivalent to that in the version of the rule signed October 4, 
1996; namely, that the final regulations, as amended by the action 
signed October 4, 1996, take effect on December 6, 1996. The reason 
for the altered language is essentially due to conventions in 
printing format. The EPA has also added an explanation in the 
preamble to clarify that, in revising this terminology, the EPA is 
not altering its intent that the effective date of the regulations 
will be December 6, 1996.
    Second, with respect to the issue of whether RCRA subpart AA and 
BB standards apply to recycling units (i.e., units performing the 
actual process of recycling) at 90-day generator facilities, the 
October 4, 1996, preamble did not clearly reflect the text of the 
regulation or the Agency's intention. The Agency's intent is that 
recycling units which are exempt from RCRA under 40 CFR 261.6(c)(1) 
are not subject to subpart AA and

[[Page 59933]]

BB standards under 40 CFR part 264 or 265, unless some other unit at 
the facility has to obtain a RCRA permit. In addition, it is the 
Agency's intent that units recycling waste that have permit-exempt 
status by virtue of the provisions of 40 CFR 262.34 (the 90-day unit 
provision), but are not exempt under the requirement of 40 CFR 
261.6(c)(1), are subject to the 40 CFR part 265, subpart AA and BB 
standards. The preamble discussion contained in the version of this 
notice signed October 4, 1996, did not clearly distinguish between 
these two populations, and thus could have easily been interpreted 
to be contrary to this intent. The EPA has edited the preamble text 
to clearly reflect its intent.

    The EPA believes that making this clarifying change can be done 
without re-proposing the edited preamble language. In promulgating the 
October 4, 1996, signed amendments, the EPA did not voice any intention 
to deviate from previous regulatory actions under this rulemaking that, 
when applying to generator facilities, subpart AA and BB requirements 
cover only 90-day tanks and containers (see December 6, 1994, 
promulgated rule 59 FR at page 62909; final rule Background Information 
Document, EPA-453/R-94-076b, at page 7-11; July 22, 1991, proposed rule 
at 56 FR at page 33530; proposed rule Background Information Document, 
EPA-450/3-89-023c, at page L-3). For this purpose, the EPA does not 
consider a recycling unit which is exempt from permitting under 40 CFR 
261.6(c)(1) to be a 90-day tank or container. Any suggestion in the 
October 1996 preamble that these recycling units would all be covered 
would have expanded the scope of the underlying rule, contrary to EPA's 
stated intent.
    The primary reason EPA is correcting the preamble language now (as 
opposed to a later Federal Register notice, perhaps with a public 
comment period) is to minimize any confusion on this issue. The best 
way to do so is to have the Federal Register publication be accurate, 
not to issue a later notice correcting and clarifying preamble 
language. The EPA is therefore making changes to be incorporated into 
this Federal Register notice, in an effort to correct any potentially 
confusing preamble discussions before publication. This revised notice 
will replace the version of the notice signed by the Administrator on 
October 4, 1996, which was previously available on the EPA's CLU-IN 
electronic bulletin board.

SUPPLEMENTARY INFORMATION:

Regulated Entities

    The entities potentially affected by this action include:

------------------------------------------------------------------------
              Category                  Examples of regulated entities  
------------------------------------------------------------------------
Industry............................  Businesses that treat, store, or  
                                       dispose of hazardous waste and   
                                       are subject to RCRA subtitle C   
                                       permitting requirements, or that 
                                       accumulate hazardous waste on-   
                                       site in RCRA permit-exempt tanks 
                                       or containers pursuant to 40 CFR 
                                       262.34(a).                       
Federal Government..................  Federal agencies that treat,      
                                       store, or dispose of hazardous   
                                       waste and are subject to RCRA    
                                       subtitle C permitting            
                                       requirements, or that accumulate 
                                       hazardous waste on-site in RCRA  
                                       permit-exempt tanks or containers
                                       pursuant to 40 CFR 262.34(a).    
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be interested in the 
amendments to the regulation affected by this action. To determine 
whether your facility is regulated by this action, you should carefully 
examine the applicability criteria in Sec. 264.1080 and Sec. 265.1080 
of the RCRA subpart CC air rules. If you have questions regarding the 
applicability of this action to a particular entity, consult the person 
listed in the preceding
FOR FURTHER INFORMATION CONTACT section.

Background

    Section 3004(n) of RCRA requires EPA to develop standards to 
control air emissions from hazardous waste treatment, storage, and 
disposal facilities as may be necessary to protect human health and the 
environment. This requirement echoes the general requirement in section 
3004(a) and section 3002(a)(3) to develop standards to control 
hazardous waste management activities as may be necessary to protect 
human health and the environment. The Agency has issued a series of 
regulations to implement the section 3004(n) mandate; these regulations 
control air emissions from certain process vents and equipment leaks 
(part 264 and part 265 subparts AA and BB), and emissions from certain 
tanks, containers, and surface impoundments (the subpart CC standards, 
which are the primary subject of today's action).
    The EPA is today amending the final subpart AA, BB, and CC 
standards. Since the publication of the final subpart CC rule (59 FR 
69826, December 4, 1994), the EPA has published three Federal Register 
documents to delay the effective date of that rule. The first (60 FR 
26828, May 19, 1995) revised the effective date of the standards to be 
December 6, 1995. The second (60 FR 56952, November 13, 1995) revised 
the effective date of the standards to be June 6, 1996. The third (61 
FR 28508, June 5, 1996) further postponed the effective date for the 
rule requirements until October 6, 1996. The EPA has also issued an 
indefinite stay of the standards specific to units managing wastes 
produced by certain organic peroxide manufacturing processes (60 FR 
50426, September 29, 1995).
    On August 14, 1995, the EPA published a Federal Register document 
entitled, ``Proposed rule; data availability'' (60 FR 41870) and opened 
RCRA Docket F-95-CE3A-FFFFF to accept comments on revisions that the 
EPA was considering for the final subpart CC standards. The EPA 
accepted public comments on the appropriateness of these revisions 
through October 13, 1995. Throughout 1995 and into the present year, 
the EPA also engaged in repeated discussions with representatives of 
the groups filing petitions for review challenging the subpart CC 
standards.
    Sixty-four comment letters were received by the EPA in response to 
the August 14, 1995 notice of ``Proposed rule; data availability;'' the 
commenters included companies affected by the rules, trade 
associations, consulting companies, and one State environmental agency. 
Most comment letters contained multiple comments. Comments generally 
supported the proposed amendments although many offered specific 
criticisms and suggested changes. The EPA considered all comments on 
the proposed rule amendments in developing the final amendments 
published today.
    In the August 14, 1995 notice of ``Proposed rule; data 
availability,'' the EPA requested comment on specific revisions to the 
final subpart CC tank, surface impoundment, and container standards 
that the EPA was considering. The notice identified those provisions of 
the final rule that the revisions would potentially affect which 
included the waste determination procedures, the standards (or 
technical requirements) for tanks and containers, and the applicability 
of the final standards to units that operate with air emission controls 
in accordance with certain Clean Air Act standards. In addition, it was 
noted that the revisions would reduce the monitoring, inspection, 
recordkeeping, and reporting requirements for affected tanks, surface 
impoundments, and containers.
    To further inform the affected public of the major clarifications, 
compliance options, and technical amendments

[[Page 59934]]

being considered, the EPA conducted a series of seminars during August 
and September of 1995. A total of six seminars were held nationally. 
(Refer to EPA RCRA Docket No. F-95-CE3A-FFFFF, Item No. F-95-CE3A-
S0017.) During these seminars, additional comments were received on the 
RCRA air rules for tanks, surface impoundments, and containers. These 
comments were also considered by the EPA in developing these 
amendments.
    On February 9, 1996, the EPA published a Federal Register notice 
(61 FR 4903), ``Final rule; technical amendment,'' which made 
clarifying amendments in the regulatory text of the final standards, 
corrected typographical and grammatical errors, and clarified certain 
language in the preamble to the final rule to better convey the EPA's 
original intent.
    Today's action amends provisions of the final subparts AA, BB, CC 
rules to better convey the EPA's original intent, to provide additional 
flexibility to owners and operators who must comply with the rules, and 
to change the effective date of the requirements contained in the 
subpart CC rules. The amendments to subparts AA, BB, and CC that are 
being promulgated today are discussed below in various sections of this 
preamble. Comments received on the proposed amendments and the EPA's 
responses to those comments are also discussed together with the 
changes being made by today's action. Some commenters submitted 
comments on aspects of the original rule that were unaffected by, and 
not reopened by the proposed amendments. These comments are outside the 
scope of the rulemaking for the proposed amendments and, therefore, 
these comments, although perhaps mentioned, are not addressed in this 
rulemaking.
    In today's amendments, certain sections of the subpart CC rules are 
reprinted in total; this accounts, in large part, for the lengthy 
amendatory language contained in today's amendments. Reprinting of 
entire sections of the rule is being done for two reasons. First, some 
sections of the rule have been entirely redrafted to improve 
organizational structure and drafting clarity and to avoid ambiguity 
while only making minor revisions to the basic control requirements of 
the rule. Second, in other sections of the rule, the technical 
requirements have been changed significantly or options added to 
increase flexibility for the source owner or operator. Therefore, to 
ensure the rule is implemented as intended and for the convenience of 
the public, the EPA decided to reprint these entire sections. In doing 
so it was not intended to completely reopen these entire sections of 
the rule for judicial review or legal challenge. As provided by section 
7006(a), judicial review is not newly available for aspects of the 
subparts AA, BB, and CC rules that were already finalized more than 90 
days ago, and which are not substantively addressed by today's 
amendments.
    The information presented in this preamble is organized as follows:

I. Subpart I--Use and Management of Containers and Subpart J--Tank 
Systems
II. Subpart AA--Air Emission Standards for Process Vents: Standards 
for closed-Vent Systems and Control Devices
III. Subpart BB--Air Emission Standards for Equipment Leaks
IV. Subpart CC--Air Emission Standards for Tanks, Surface 
Impoundments, and Containers
    A. Suspension of Subpart CC Rule Requirements
    B. Retention of Final Compliance Date
    C. Applicability
    D. Definitions
    E. Standards: General
    F. Waste Determination Procedures
    G. Standards: Tanks
    H. Standards: Surface impoundments
    I. Standards: Containers
    J. Standards: Closed-Vent Systems and Control Devices
    K. Inspection and Monitoring Requirements
    L. Recordkeeping and Reporting Requirements
V. Administrative Requirements
    A. Docket
    B. Paperwork Reduction Act
    C. Executive Order 12866 Review
    D. Regulatory Flexibility Act
    E. Unfunded Mandates
VI. Legal Authority

I. Subpart I--Use and Management of Containers and Subpart J--Tank 
Systems

    Under the existing RCRA regulations, hazardous waste generators who 
accumulate waste on-site for up to 90 days in tanks and containers 
(``90-day tanks and containers'' or ``90-day units'') may permissibly 
do so without obtaining a storage permit provided the generator 
complies with certain conditions specified in 40 CFR 262.34(a). The 
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 accumulated in a tank.
    The subpart CC regulations proposed by the EPA on July 22, 1991 (56 
FR 33491) contained provisions to amend the conditions with which a 
hazardous waste generator must comply to exempt 90-day tanks and 
containers from RCRA subtitle C permitting requirements, namely to 
comply with standards set out in subparts AA, BB, CC applicable to 
tanks and containers. The EPA took comments on this proposed action and 
responded to those comments in (among other places) the preamble to the 
1994 final subpart CC regulations. The 1994 final rules regarding 90-
day tanks and containers were the same as those proposed.
    As noted in Section VI.D of the preamble to the 1994 final subpart 
CC RCRA air rules (59 FR 62910, December 6, 1994), the organic air 
emissions from 90-day tanks and containers are sufficient to have an 
adverse and significant effect upon human health and the environment 
and therefore ``led the EPA to require that these units comply with the 
appropriate air emission control requirements of the subpart AA, BB, 
and CC standards to maintain an exemption from permitting.''
    Commenters requested that EPA clarify precisely when 90-day units 
are subject to the subpart AA, BB, and CC standards, and, in a related 
question, requested clarification as to when these rules would apply to 
units that are engaged in recycling. With respect to when the subpart 
AA, BB, and CC rules apply to 90-day units that are not recycling units 
(for example, tanks or containers that store hazardous waste before 
recycling), the EPA intends that the subpart AA, BB, or CC standards 
apply so long as the substantive applicability provisions of one or 
more of these subparts is satisfied. This means, for example, that if 
the 90-day units are receiving hazardous waste with organic 
concentrations of at least 10 per cent by weight, the subpart BB 
standards would apply to the associated equipment components; on the 
other hand, if the units only receive hazardous waste below this 
applicability threshold, the subpart BB requirements would not apply 
(see Sec. 265.1050(b)). Similarly, the subpart CC air emission control 
requirements would apply to a 90-day tank or container if the owner or 
operator does not demonstrate that the hazardous waste stored in the 
unit contains average volatile organic concentrations below 500 ppmw. 
It should be noted that the fact that one of these subparts applies 
does not automatically mean that the others apply as well. Thus, for 
example, if a generator manages hazardous waste with organic 
concentration of 500 ppmw in a tank

[[Page 59935]]

equipped with an open-ended valve, the unit would be subject to the 
subpart CC standards (See Sec. 265.1080(a)). This does not mean that 
the open-ended valve is also automatically subject to the subpart BB 
standards; rather, the respective applicability section of those 
provisions would have to be satisfied before they would apply.
    The EPA notes further, however, that the applicability of the 
subpart AA and BB standards, prior to publication of the final subpart 
CC rule in December 1994, was conditioned on there being another unit 
at the facility otherwise requiring a RCRA permit--the notion being 
that the subpart AA and BB rules by themselves would not require a 
facility to obtain a RCRA permit (see Section V of the preamble in 55 
FR 25449, June 21, 1990, and Secs. 265.1030(b)(2) and 
265.1050(b)(2)).1 This consideration does not apply to 90-day 
units, since these units are not subject to RCRA permitting 
requirements in any case. In addition, the risks posed by these units 
is the same whether or not another unit at the plant has received a 
RCRA permit; the EPA evaluated and discussed these risks when 
promulgating the December 1994 final rule and found that substantive 
controls were necessary to protect human health and the environment. 
See 59 FR at 62910 and also Appendix L, 90-Day Tanks and Container 
Impacts, in ``Hazardous Waste TSDF--Background Information for Proposed 
RCRA Air Emission Standards'' (EPA-450/3-89-023c), June 1991. 
Consequently, subparts AA and BB apply to 90-day tanks and containers 
whether or not another unit at the facility has to obtain a RCRA permit 
(assuming the other applicability criteria in the rule are satisfied, 
as explained above). For this purpose, the EPA does not consider a 
recycling unit which is exempt from permitting under 40 CFR 261.6(c) to 
be a 90-day tank or container. The EPA is adding clarifying language as 
a part of today's rule amendments to make clear that applicability of 
subparts AA and BB to 90-day units is not conditioned on another unit 
at the generator's facility obtaining a RCRA permit.
---------------------------------------------------------------------------

    \1\ The subpart CC rules are not so conditioned.
---------------------------------------------------------------------------

    With respect to the commenters' questions regarding applicability 
of the subpart AA, BB, CC rules to recycling units (i.e., units 
actually performing the recycling function, such as a solvent 
distillation column), EPA notes the following principles. The revised 
applicability sections to subparts AA and BB state that units that have 
permit exempt status by virtue of 40 CFR 262.34, including recycling 
units, will now be subject to subparts AA and BB. In practice, the EPA 
does not believe that this will include many, if any, recycling units. 
This is because such units typically are exempt from RCRA permitting by 
virtue of 40 CFR 261.61(c)(1). Thus, the net effect of these 
amendments, with respect to recycling units, is to preserve the status 
quo of regulating those units which are located at a facility which 
must obtain a RCRA permit for some other unit.
    In addition, subpart CC does not apply to recycling units. Section 
261.6(d), Requirements for recyclable materials, for example, does not 
indicate that recycling units must comply with the subpart CC 
provisions. The reason these provisions do not apply is that the 
standards are not normally appropriate for recycling units handling 
volatile hazardous wastes; rather, the subpart AA standards are the 
appropriate standards. The emission mechanisms for traditional 
hazardous waste storage tanks (e.g. circular above-ground units with 
open tops or covered open tops) differ significantly from the emission 
mechanism of the distillation-type unit used for recycling and certain 
treatment operations (e.g. air strippers and thin-film evaporators) 
regulated under subpart AA. Recycling units typically emit air 
pollutants through some type of process vent, and consequently are 
controlled under the subpart AA process vent standards. The 
suppression-type controls (e.g. covers) prescribed for traditional 
storage and treatment tanks in subpart CC simply are not suitable for 
most distillation-type units.
    Finally, EPA is slightly amending the applicability sections of 
subparts AA and BB to make clear that these standards can apply to non-
recycling units that are located at either TSDF sites or generator 
accumulation sites, assuming that the units otherwise satisfy the 
subpart AA or BB applicability requirements. Thus, for example, a steam 
stripper engaged in conventional hazardous waste treatment at a 
permitted TSDF could be subject to the subpart AA standards. The risks 
posed by the types of units enumerated in subparts AA and BB are the 
same, whether or not they are recycling or non-recycling units, so any 
distinction between them is unfounded. In fact, today's language merely 
clarifies the coverage of the existing subpart AA and BB rules, since 
those rules already cover all units (i.e. recycling and non-recycling) 
that are subject to the permitting requirements of part 270, and thus 
covers non-recycling units.
    The following examples illustrate these principles.
    1. Generator A stores volatile spent solvents (F001) in 90 day 
tanks before recycling them in an on-site distillation column. The 
facility has one other unit requiring a RCRA permit. The volatile 
organic concentration of the waste exceeds the subpart AA, BB and CC 
applicability thresholds.
    In this case, the 90-day storage tanks and associated equipment 
components are subject to the subpart BB and subpart CC standards, 
since the substantive applicability standards of both subparts are 
satisfied. Subpart AA does not apply to the spent solvent storage tanks 
(assuming the tanks are not distillation, fractionation, thin-film 
evaporation or other type of unit set out in Sec. 265.1030(b), the 
subpart AA applicability section). The distillation column (and its 
associated equipment) is subject to the subpart AA and BB standards, 
but not the subpart CC standards since subpart CC does not apply to 
recycling units.
    2. Same facts as Example 1 except that the waste contains less than 
10 percent total organics and greater than 500 ppmw volatile organics.
    In this case, the spent solvent storage tank is subject to the 
subpart CC standards but the associated equipment components are not 
subject to the subpart BB standards (since subpart BB does not apply to 
hazardous wastes with less than 10 percent total organic content). The 
distillation column is subject to the subpart AA standards for the 
reasons explained in Example 1. This example illustrates that 
applicability of one of the subparts (AA, BB, or CC) does not 
automatically mean that the standards from the other subparts also 
apply. The substantive applicability provisions of each subpart still 
must be satisfied.

II. Subpart AA--Air Emission Standards for Process Vents: Standards for 
Closed-Vent Systems and Control Devices

    On the subject of closed-vent systems and control devices, 
commenters requested a provision for control device downtime to allow 
for preventive, routine, or non-routine maintenance; an exemption for 
control devices subject to 95 percent efficiency requirements in other 
rules from performance test and design analysis requirements; an 
exemption from monitoring requirements for closed-vent system 
components that operate under negative pressure; a revision such that 
only spent carbon removed from a carbon adsorption system that is a 
hazardous waste must be managed in accordance with subpart CC 
requirements; and a reduction in the closed-vent system and

[[Page 59936]]

control device inspection and monitoring requirements.
    The EPA has decided to amend certain of the control device and 
closed-vent system standards of subpart AA in 40 CFR parts 264 and 265 
so that these requirements are consistent and up-to-date with the 
general decisions the EPA has made regarding inspection, monitoring, 
maintenance, repair, malfunctions, recordkeeping, and reporting 
requirements for organic air emission control devices and associated 
closed-vent systems installed and operated to meet requirements of 
other regulations under the Clean Air Act or RCRA (e.g., National 
Emission Standards for Hazardous Air Pollutants: Off-Site Waste and 
Recovery Operations, 61 FR 34140, July 1, 1996). These revisions are 
both consistent with the integration provisions of RCRA Section 
1006(b), which require that RCRA standards be consistent and not 
duplicative of Clean Air Act standards, and also are a part of the 
EPA's overall approach of allowing unit-specific Clean Air Act 
standards to be used in lieu of control requirements under RCRA subpart 
CC. (See Sec. 265.1080(b)(7) in today's amended rule.) The changes to 
the control device and closed-vent system standards in no way affect 
the overall performance or emission reductions achieved by the control 
devices and closed-vent systems. Therefore, the revised standards are 
considered by the EPA to be equally protective to those already 
adopted, and thus adequate to protect human health and the environment. 
The revisions to the standards for closed-vent systems and control 
devices in subpart AA of 40 CFR parts 265 and 264 include the changes 
described below.
    The monitoring requirement for a condenser in 
Sec. 264.1033(f)(2)(vi)(B) and Sec. 265.1033(f)(2)(vi)(B) is being 
revised such that only the temperature of the exhaust vent stream from 
the condenser exit must be continuously monitored; the requirement to 
monitor the coolant fluid temperature exiting the condenser is being 
dropped. This revision reduces the owner's or operator's monitoring and 
recordkeeping burden while maintaining the EPA's ability to ensure that 
the emission control equipment is properly operated and maintained to 
achieve the required emission reduction.
    The closed-vent system requirements in Sec. 264.1033 and 
Sec. 265.1033 are being revised such that a closed-vent system that is 
designed to operate at a pressure below atmospheric pressure is not 
required to be monitored by Method 21 procedures either initially or 
annually. For these negative pressure systems, an initial visual 
inspection and annual follow-on inspection is required; in addition, a 
pressure gauge or other pressure measurement device is required to 
verify that negative pressure is maintained in the closed-vent system 
when the control device is operating. As noted in section 10 of the 
preamble to the earlier subpart CC rule clarifications (61 FR 4910, 
February 9, 1996), ``the EPA had intended to not require annual 
monitoring of closed-vent system components which operate under 
pressure such that all emissions are routed to a control device even if 
a leak or hole exists in the component. A component that continuously 
operates under negative pressure would satisfy this intent * * *'' In 
today's action, the EPA is removing the requirement for the initial 
leak detection monitoring for negative pressure systems; this change 
reduces owner or operator burden resulting from any redundant or non-
productive monitoring.
    Unsafe-to-monitor and delay of repair provisions for closed-vent 
systems are being added. Corresponding recordkeeping requirements also 
are being added. This common sense change is made to avoid creating any 
unsafe conditions as a result of the monitoring requirements of subpart 
AA, Sec. 264.1033 and Sec. 265.1033. This revision adds the same type 
of unsafe-to-monitor and delay of repair provisions that are contained 
for pumps and valves in the subpart BB--Air Emission Standards for 
Equipment Leaks as well as in other equipment leak standards 
promulgated under the Clean Air Act.
    On April 23, 1996, the EPA published a notice of data availability 
(61 FR 17863) addressing the narrow issue of whether ``Other Thermal 
Treatment Facilities'' subject to regulation under subpart P of part 
265 (40 CFR 265.370 through 265.383) are eligible to receive for 
regeneration spent activated carbon which is a hazardous waste. In the 
December 6, 1994 final subpart CC standards (59 FR 62896), the EPA 
established a requirement that spent activated carbon removed from a 
control device had to be managed at particular types of facilities, 
namely regulated boilers or industrial furnaces, or ``thermal treatment 
units that (are) permitted under subpart X of 40 CFR part 264 or 
subpart P of (part 265).'' See 40 CFR 265.1033(l)(1) as promulgated at 
59 FR 62935 (December 6, 1994). A parallel requirement was contained in 
40 CFR 264.1033(m), but no reference to subpart P was included (59 FR 
62927). In the February 9, 1996 technical correction notice, the EPA 
amended these provisions to clarify that they apply only to activated 
carbon which is a hazardous waste, and that interim status boilers and 
industrial furnaces which had certified compliance and interim status 
incinerators could treat such activated carbon. (See 61 FR 4910, 4911, 
and 4913.) In doing so, the EPA removed the reference to subpart P 
facilities in Sec. 265.1033(l)(1), thus removing such facilities from 
eligibility to receive hazardous waste spent activated carbon.
    As a part of today's amendments, EPA is restoring the eligibility 
of subpart P facilities to treat hazardous waste spent activated 
carbon. So long as the hazardous waste spent activated carbon is 
managed safely by such facilities, there is no automatic reason to 
preclude such facilities' eligibility to manage the spent carbon. 
However, because the subpart P standards do not contain substantive air 
emission control provisions that assure that any hazardous organic 
constituents desorbed from the carbon are adequately controlled rather 
than emitted to the atmosphere during regeneration or other treatment, 
the EPA is requiring that units receiving such hazardous wastes meet 
the control requirements of the subpart CC rules or are units which are 
subject to emission control requirements under 40 CFR part 61 or part 
63. With respect to this last point, this means that the actual unit 
must meet a part 61 or 63 control standard for hazardous air 
pollutants. If the standard is no control or if compliance with the 
standard is determined on a plant-wide (viz. averaging among units) 
basis, then it could not be used in place of the subpart CC standards.
    It should be noted that the EPA is imposing this requirement 
regardless of the organic content of the carbon being regenerated, so 
long as the activated carbon is a hazardous waste. This is because the 
purpose of the carbon is to capture organic emissions, and it is the 
Agency's judgment that in light of this purpose, the carbon will be 
saturated with organics which would need to be captured or destroyed 
and not released indiscriminately during the regeneration process (see 
56 FR 7200, February 21, 1991).
    Finally, in order to assure maximum flexibility for protective 
compliance, the EPA is adding that permitted facilities (i.e., Part 264 
facilities) complying with either the subpart CC standards, or a part 
61 or 63 Clean Air Act standard, are also eligible to receive spent 
carbon (which is a hazardous waste) for regeneration. Such facilities 
certainly would be operating protectively and so should be eligible to 
receive spent carbon. The EPA notes, however, that this provision may 
be redundant in light

[[Page 59937]]

of the provision in the existing rule stating that units which have 
received a subpart X permit are eligible to receive such activated 
carbon (Sec. 265.1033(m)(1)(i)), but commenters indicated a preference 
for this clarification of eligibility. In order that there be no 
confusion, the EPA is adding it to the final rule.

III. Subpart BB--Air Emission Standards for Equipment Leaks

    Commenters requested that the EPA incorporate into the subpart BB 
standards recent changes that have been made to other national 
standards that require equipment leak detection and repair programs. In 
response, revisions to the emission standards for equipment leaks 
consist of incorporating changes to the requirements so that the 
subpart BB requirements in parts 264 and 265 are consistent and up-to-
date with the general decisions the EPA has made regarding leak 
detection and repair program requirements for organic air emission 
control in other regulations under the Clean Air Act (e.g., National 
Emission Standards for Hazardous Air Pollutants (NESHAP): Off-Site 
Waste and Recovery Operations, 61 FR 34140, July 1, 1996, or the 
National Emission Standards for Organic Hazardous Air Pollutants for 
Equipment Leaks, 40 CFR part 63, subpart H, 59 FR 19402, April 22, 
1994, i.e., the HON). These revisions are consistent with the 
integration provisions of RCRA Section 1006(b) which require that RCRA 
standards be consistent and not duplicative of Clean Air Act Standards 
and are a part of the EPA's overall approach of allowing Clean Air Act 
standards to be used in lieu of control requirements under RCRA TSDF 
air rules. The changes to the subpart BB equipment leak standards in no 
way affect the overall performance or emission reductions achieved. 
Therefore, the revised standards are considered by the EPA to be 
equally protective as those being replaced. The revisions to the 
standards for equipment leaks in subpart BB of 40 CFR parts 265 and 264 
include the changes described below.
    The applicability provisions of subpart BB (Sec. 264.1050 and 
Sec. 265.1050) are revised to exclude equipment that contains or 
contacts affected hazardous waste for a period of less than 300 hours 
per calendar year from the equipment leak control requirements. This 
change parallels the applicability provisions in the Hazardous Organic 
National Emission Standard for Hazardous Air Pollutants (``HON''). 
(Supporting information for this decision is contained in the CAA 
docket A-90-20, item II-B-5.)
    The sampling connection system requirements of subpart BB are being 
revised consistent with the HON such that gases displaced during 
filling of the sample container are not required to be collected or 
captured. In the context of the HON, EPA explained that it was not 
necessary to require control of those vapors. Also, the requirement for 
no detectable emissions to the atmosphere during return of the purged 
hazardous waste stream to the hazardous waste management process line, 
or during collection and recycling of the purged hazardous waste, is 
being eliminated. Upon further review, the EPA has determined that the 
emissions from these extremely small amounts of hazardous waste can be 
adequately controlled if the owner or operator stores the sample waste 
in a covered container, and ensures it is treated or disposed in a 
manner consistent with the requirements for the waste stream from which 
it was extracted.
    Under today's amendments, any connector that is inaccessible or is 
ceramic or ceramic-lined is exempt from the monitoring and 
recordkeeping requirements of subpart BB as is the case in recent EPA 
rules such as the HON. (See Section VI.C of the HON preamble for 
further discussion regarding the rationale for these changes to EPA's 
equipment leak standards, 59 FR 19445, April 22, 1994)

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

A. Suspension of Subpart CC Rule Requirements

    Today's rule is being signed on October 4, 1996, and the 
substantive requirements of the rule take effect on December 6, 1996. 
The EPA is clarifying here that, for all practical purposes, December 
6, 1996, is the effective date of the rule. The EPA is further 
clarifying that the December 6, 1994, rule, which was stayed until 
October 6, 1996, is not taking effect during the two months between 
October 6, 1996, and December 6, 1996, the reason being that it is 
superseded by these October 4, 1996, amendments.
    To accomplish this result, the EPA is indicating (in the DATES 
block of this Federal Register document), that the applicability and 
implementation of Subpart CC of Parts 264 and 265 is suspended until 
December 6, 1996. The result, as just stated, is that: (1) The December 
1994 rules are replaced by the amended rules as of October 4, 1996; and 
(2) members of the regulated community are not subject to any of the 
requirements in the October 4, 1996, amended rule between October 4, 
1996, and December 6, 1996.
    The EPA specified in the 1994 final rule a schedule that 
established the compliance dates by which different requirements of the 
final rule must be met. These requirements and compliance dates (all of 
which are December 6, 1996, or later) are explained further in the 
final rule (59 FR 62896, December 6, 1994) under SUPPLEMENTARY 
INFORMATION. Today's amendments do not change the dates by which 
compliance with all the requirements must be achieved. Thus, all 
compliance dates for the final rule, as amended today, remain as 
published in the 1994 final rule (59 FR 62896).
    Given that the EPA is amending the rule in ways that would increase 
compliance flexibility and reduce certain regulatory requirements (and 
in no cases would increase the stringency of the standards or eliminate 
a previously existing compliance option), the EPA considers it 
appropriate to suspend the requirements that became effective October 
6, 1996, for two months to December 6, 1996. By December 6, 1996, 
affected sources will have had ample time to make any necessary 
alterations to their compliance plans in response to today's 
amendments. Affected sources have been on notice of the final 
regulations since they were published in December 1994. The EPA expects 
that by early 1995, most facilities had begun preparing their 
implementation strategies and planning for any necessary equipment 
modifications, in anticipation of the originally scheduled 
implementation date of June 6, 1995. Thus, the EPA considers a two-
month suspension to provide sufficient time for affected facilities to 
become familiar with the revised requirements contained in the amended 
standards, and to make any necessary revisions to their implementation 
strategies.

B. Retention of Final Compliance Date

    The December 6, 1994 published rule set a final compliance date of 
December 8, 1997, by which time all required air emission control 
equipment must be operating (59 FR 62897). The EPA does not believe 
that suspending the rule requirements necessitates any postponement of 
the December 8, 1997 compliance date. The final compliance date was 
chosen to allow time for facility modifications that may be involved in 
the compliance approach of certain facilities. The EPA believes that, 
for many air emission control applications, the required control 
devices can be installed and in operation within several months.

[[Page 59938]]

However, the EPA agrees that under some circumstances, the owner's or 
operator's approach to complying with the air emission control 
requirements under the subpart CC standards may involve a major design 
and construction project which requires a longer time to complete. In 
recognition of these cases, the EPA decided that it is reasonable to 
allow up to December 8, 1997, for affected facilities to install and 
begin operation of air emission controls required by the subpart CC 
standards (See Hazardous Waste TSDF Background Information Document for 
Promulgated Organic Air Emission Standards, EPA-453/R-94-076b, page 9-
7).
    The final rule requirements that may necessitate a major 
modification, as described above, for tanks are paragraphs (b) through 
(d) of 40 CFR 264.1084 and 265.1085. These paragraphs specify air 
emission control equipment that must be operated on tanks receiving 
affected hazardous waste. Similarly, the requirements that may 
necessitate such a major modification for surface impoundments are 
paragraphs (b) through (e) of 40 CFR 264.1085 and 265.1086. These 
paragraphs specify air emission control equipment that must be operated 
on surface impoundments receiving affected hazardous waste. To comply 
with these requirements for tanks and surface impoundments, facilities 
may choose to construct new hazardous waste management units to replace 
existing units, or may choose to modify existing hazardous waste 
management units. Examples of facility equipment modifications that 
could require an extended period of compliance would be replacing a 
large open surface impoundment with a series of covered tanks, or 
fitting an existing open tank with a fixed roof vented to a control 
device. The EPA recognizes that such major modifications or new 
construction can require several months or more, and therefore allows 
until December 8, 1997, for facilities to comply with the air emission 
control requirements of the final subpart CC standards.
    In addition, certain States may require that a facility obtain a 
permit modification prior to performing a major modification such as 
those described above. The EPA recognizes that such a permit 
modification can be a lengthy process, and therefore felt it was 
appropriate to afford an extended compliance period to allow such 
modifications to be obtained (59 FR 62919). The EPA does not expect 
that such a lengthy period of implementation would be required in 
circumstances other than those described above, although 
Sec. 264.1082(c) allows that such a period is available if necessary.
    The final rule provisions that justified a compliance date of 
December 8, 1997, are not among those that are affected by the 
revisions being made under today's action. Specifically, the EPA is not 
considering either a broader applicability or more stringent control 
requirements for covers and air emission controls on tanks and surface 
impoundments. All affected facilities thus have been on notice of the 
final rule air emission control requirements for these units since the 
final CC rule publication on December 6, 1994. Therefore, the EPA does 
not consider it appropriate to postpone the compliance date of December 
8, 1997, by which all required air emission control equipment must be 
operating.
    It should be noted that 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 the subpart CC rules (see 
Sec. 265.1082).

C. Applicability

    Numerous comments were received concerning overlap between the RCRA 
subpart CC rules and Clean Air Act NESHAP, particularly the HON. Most 
commenters argued that subpart CC requirements should not apply to 
units, either 90-day generators or TSDF, meeting Clean Air Act control 
requirements, including units meeting standards through emissions 
averaging.
    The EPA fully recognizes that in developing air standards to meet 
congressional directives established by provisions in the Clean Air Act 
and Resource Conservation and Recovery Act, the potential exists for 
regulatory overlap. However, it is the EPA's intention to minimize, if 
not eliminate, regulatory overlap to the extent that the Agency is 
allowed under the different legislative acts. Section 1006(b) of RCRA 
indeed requires that the air standards be consistent with and not 
duplicative of Clean Air Act standards. Similarly, the Clean Air Act 
voices a strong preference for consistency of CAA section 112 standards 
and RCRA standards where practicable (see section 112(n)(7)).
    The EPA is aware that at some sites managing hazardous wastes, the 
owner or operator of the hazardous waste treatment, storage, and 
disposal facility could be subject to the RCRA air rules under subparts 
AA, BB, and CC and also subject to a Clean Air Act NESHAP standard such 
as the Off-Site Waste rule or the HON. At a particular TSDF, some waste 
management units may be required to use air emission controls under one 
or the other, but not both, a Clean Air Act NESHAP and the RCRA air 
rules. However, some other waste management units could be subject to 
using air emission controls to comply with both sets of rules. It is 
unnecessary for owners and operators of those waste management units 
subject to air standards under both sets of rules to perform 
duplicative testing and monitoring, keep duplicative sets of records, 
or perform other duplicative actions.
    In Section VI.A, Development of Air Standards Under RCRA, of the 
preamble to the final rule (59 FR 62906, December 6, 1994), the EPA 
discussed the potential for duplication between the RCRA air rules and 
various rules being developed under the Clean Air Act maximum 
achievable control technology (MACT) program but noted that the air 
standards developed under RCRA section 3004(n) did not duplicate or 
contradict existing NESHAP or new source performance standards (NSPS). 
As the MACT program has matured and additional standards have been 
developed, the EPA is now aware that the possibility for overlap is 
greater than was originally thought.
    The EPA has decided that the best way to eliminate any regulatory 
overlap is to amend the RCRA rules to exempt units that are using air 
emission controls in accordance with the requirements of applicable 
Clean Air Act NESHAP or NSPS regulations. Therefore, the subpart CC 
applicability is amended to exempt any hazardous waste management unit 
that the owner or operator certifies is equipped with and operating air 
emission controls in accordance with an applicable Clean Air Act 
regulation codified under 40 CFR part 60, part 61, or part 63, with the 
sole exception of tanks being controlled through the use of an 
enclosure rather than a cover. (The EPA's rationale for placing 
additional conditions on that control approach is explained in detail 
in sections E and G of this preamble.) Providing this exemption 
eliminates the possibility of duplicative or conflicting requirements 
for those TSDF tanks, surface impoundments, or containers using organic 
emission controls in compliance with a NESHAP but also subject to 
requirements under the RCRA standards. It is important to note that 
this exemption only applies to those

[[Page 59939]]

units using organic air emission controls. This seems to EPA to be the 
best way to assure that air emissions from hazardous waste management 
units are controlled to the extent necessary to protect human health 
and the environment. A unit that does not use the required air emission 
controls but is in compliance with a NESHAP through an ``emission 
averaging'' or ``bubbling'' provision does not qualify for the 
exemption since EPA lacks assurance that emissions from the unit are 
controlled to the extent necessary to protect human health and the 
environment.2
---------------------------------------------------------------------------

    \2\ EPA believes it is both reasonable and legally permissible 
to interpret section 3004(n) to apply to specific waste management 
units. Section 3004(n) addresses specific unit types (``open tanks, 
surface impoundments, and landfills''), and the overarching 
requirement to control air emissions at hazardous waste management 
``facilities'' can reasonably be construed as applying to individual 
units. See Mobil Oil Corp. v. EPA, 871 F. 2d 149, 152-54 (D.C. Cir. 
1989). On the other hand, ``facilities'' might also be construed to 
apply to an entire plant, id. at 153. Consequently, EPA is not 
indicating by the discussion in the text that an averaging approach 
is legally foreclosed. Certain types of site-specific 
demonstrations, for example, might indicate the appropriateness of 
an averaging approach to demonstrating that air emissions from 
hazardous waste management are sufficiently controlled. In such a 
situation, EPA could interpret the term ``facility'' as applying to 
an entire plant. What EPA is finding in this rule is that for this 
national rule (i.e., in the absence of potential case-specific 
demonstrations), the best way of assuring that emissions from 
hazardous waste tanks, containers, and impoundments are sufficiently 
controlled is to require control of each particular unit.
---------------------------------------------------------------------------

    Similarly, if the Clean Air Act standard for the particular unit is 
no control (for example, because the MACT floor for the source category 
is no control and the Agency decided not to apply controls more 
stringent than the floor), the exemption from the RCRA standards would 
not apply since the unit would not actually be controlled under 
provisions of the MACT standard. Again, as stated above, the EPA 
believes the best way to assure protectiveness in this national rule is 
to require controls on each particular unit.
    Section 3004(n) of RCRA, of course, requires that EPA control 
emissions from (among other things) tanks, surface impoundments, and 
containers as may be necessary to protect human health and the 
environment. Some of the Clean Air Act standards, in contrast, are 
technology-based controls implementing the provisions of section 112(d) 
of the Clean Air Act. The EPA, however, has found that under some 
circumstances a technology-based standard may satisfy the RCRA 
protectiveness requirement by adequately controlling air emissions and 
thus adequately controlling risk or controlling risk sufficiently that 
the Clean Air Act section 112(f) residual risk process need not be 
interdicted. See 60 FR at 32593 (June 23, 1995), the preamble for final 
MACT standards for the secondary lead source category, and 61 FR at 
17369-370 (April 19, 1996), the preamble for proposed MACT standards 
for hazardous waste combustion units.
    The EPA is finding here that where there are MACT air emission 
control requirements for a specific unit otherwise covered by subpart 
CC, the MACT requires the same technical air emission controls as would 
be required under subpart CC. Thus, it follows that compliance with the 
MACT requirements would thus afford equal protectiveness as would be 
achieved under subpart CC, and therefore can be considered to satisfy 
the RCRA protectiveness requirements. This is a conscious effort on the 
Agency's part to provide consistency of requirements where at all 
possible in its rulemakings.3
---------------------------------------------------------------------------

    \3\ For example, EPA, in promulgating the final requirements for 
the Off-Site Waste and Recovery Operations NESHAP (61 FR 34147, July 
1, 1996), added a series of new subparts to 40 CFR part 63. These 
subparts included Subpart OO--National Emission Standards for Tanks 
- Level 1, Subpart PP--National Emission Standards for Containers, 
Subpart QQ--National Emission Standards for Surface Impoundments, 
Subpart RR--National Emission Standards for Individual Drain 
Systems, and Subpart VV--National Emission Standards for Oil-Water 
Separators and Organic-Water Separators. These standards are 
essentially identical to the requirements for tanks, containers, and 
impoundments found in the RCRA subpart CC rule under discussion in 
this notice.
    The EPA set out at length in the Off-Site Waste rule preamble 
(59 FR 62908) the Agency's goal as to integration of these various 
air standards, ``the EPA decided to promulgate the air emission 
control requirements for selected types of units in individual 
subparts for ease of reference, administrative convenience, and as a 
step towards assuring consistency of the air emission control 
requirements applied to similar types of units under different 
rules. The EPA believes adopting the format of codifying the air 
emission control requirements for specific unit types in individual 
subparts will provide significant advantages to both regulated 
industries and to the Agency.''
    ``A major advantage for using the unit-specific subpart format 
for NESHAP and other air rules is for those situations when more 
than one rule applies to a particular source (e.g., a tank) and each 
of these rules requires use of air emission controls on that source 
(e.g., a fixed roof). By establishing unit-specific subparts, all of 
the rules will reference a common set of design, operating, testing, 
inspection, monitoring, repair, recordkeeping, and reporting 
requirements for air emission controls. This eliminates the 
potential for duplicative or conflicting air emission control 
requirements being placed on the unit by the different rules, and 
assures consistency of the air emission control requirements applied 
to the same types of units.''
---------------------------------------------------------------------------

    The technical requirements for the RCRA air rules in subpart CC as 
amended are essentially the same as those published by the EPA under 
the MACT program (e.g., those in subparts OO, PP, and QQ of part 63). A 
unit controlled under one or the other set of requirements would 
achieve the same emission reduction and performance level; and the 
various requirements thus provide the same level of protection.

D. Definitions

    Definitions are being added for closure device, continuous seal, 
enclosure, hard-piping, in light material service, malfunction, 
metallic shoe seal, no detectable organic emissions, safety device, and 
single-seal system and other definitions are being revised consistent 
with their use in the amended regulation. These amended or added 
definitions do not directly affect the substance of the subpart CC 
standards, but rather, serve to clarify the 1994 final provisions, or 
today's amended provisions, of the final regulations.

E. Standards: General

1. Action Level
    Several major changes are being made to the general standards for 
the final subpart CC rule. First, the average VO concentration action 
level for hazardous waste required to be managed in the units using air 
emission controls under the rule is being changed to 500 ppmw (as 
determined at the point of waste origination). Units managing hazardous 
wastes determined by the owner or operator to have average VO 
concentrations that remain less than 500 ppmw are not required to use 
air emission controls under the rule.
    The EPA considered a range of possible values to establish the VO 
concentration limit for the Subpart CC RCRA air rules. The EPA proposed 
a VO concentration value of 500 ppmw to be used as the action level for 
the rule (56 FR 33491, July 22, 1991) and promulgated an action level 
of 100 ppmw in the 1994 final subpart CC rule (59 FR 62897). However, 
in promulgating this value, the EPA acknowledged that some hazardous 
waste management units subject to the subpart CC RCRA air rules could 
be subject to other Clean Air Act NESHAP and NSPS with differing action 
levels (59 FR 62903, 62906, and 62907).
    The EPA received comments in response to the August 14, 1995 
Federal Register notice, stating that the 100 ppmw VO concentration 
action level promulgated by the EPA for the subpart CC RCRA air rules 
is inappropriate (e.g., the action level cannot be justified on the 
basis of risk and the action level is too close to the detection limit 
of method 25D; this results in numerous waste determination errors such 
as false positives) and is inconsistent with other applicable Clean Air 
Act NSPS and NESHAP (i.e, the Off-Site Waste rule,

[[Page 59940]]

the HON, and the proposed new source performance standard (NSPS) for 
volatile organic compound emissions from the synthetic organic chemical 
manufacturing industry wastewater (59 FR 46780, September 12, 1994), 
all apply to wastes and/or wastewaters and all have higher action 
levels). The commenters recommended that the EPA select a higher action 
level of 500 ppmw for the rule, consistent with the above noted Clean 
Air Act rules.
    The EPA considered the comments received regarding the action 
level, other revisions being considered for the final subpart CC RCRA 
air rules, and changes that the EPA anticipates making for other waste 
and wastewater related rules. The EPA concluded that a reexamination of 
the action level determination was appropriate. Based on consideration 
of the information available to the Agency regarding emissions from 
hazardous waste management TSDF operations, the EPA has concluded that 
an average VO concentration value of 500 ppmw is reasonable and 
accomplishes an adequate general level of protection, as compared with 
the 100 ppmw action level of the 1994 published rule. As was discussed 
in Section V.C. of the preamble published on December 6, 1994 (59 FR 
62905), 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 and in annual cancer incidence. 
Under the new action level of 500 ppmw, the MIR for most of the 2,300 
TSDF nationwide are estimated to be below the target MIR range of 
between 1 x 10-4 and 1 x 10-6.
    Thus, while the action levels at 100 ppmw and 500 ppmw are not 
equally protective of human health and the environment to the extent 
ascertainable by the modeling methodology used, these action levels do 
achieve the same general range of protection and were in the zone of 
reasonable values being considered by EPA for selection as the action 
level for the final rule. After further consideration, the EPA has 
concluded that the degree of incremental risk reduction at the 500 ppmw 
action level is so small as to not warrant the inconsistency and 
attendant disruption with other air rules applicable to hazardous waste 
TSDF. This incremental risk reduction is made less relevant by the fact 
that the EPA has already stated in the preamble to the final rule (59 
FR 62905) that (even at the 100 ppmw action level), ``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).''
2. Treatment Alternatives
    The treatment alternatives in the General Standards (Sec. 264.1083 
and Sec. 265.1083) are being revised where appropriate to reflect the 
new action level of 500 ppmw. The treatment alternatives contained in 
the General Standards of the subpart CC RCRA air rules provide owners 
or operators with a selection of alternative provisions for determining 
when a treated hazardous waste is no longer required to be managed in 
units meeting the air emission control requirements of the rule. The 
alternatives contained in the final CC rules published December 6, 1994 
are being revised as a result of the change in the action level. The 
volatile organic concentration criteria contained in some of the 
alternatives are being revised upward to reflect the higher action 
level of 500 ppmw. Additional alternatives also are being added to the 
rule to provide greater flexibility to the owner or operator in the 
treatment of hazardous waste. The changes being made to the General 
Standards by today's action are described below.
    For the treatment option that requires an organic reduction 
efficiency for the process of at least 95 percent and an average VO 
concentration of the waste at the point of waste treatment of less than 
50 ppmw (Sec. 264.1082(c)(2)(ii)), the criteria for the average VO 
concentration of the treated waste is raised to 100 ppmw in direct 
response to the change in the action level. The value of 50 ppmw was 
chosen for the 1994 final rule to provide some added level of 
demonstration that co-mingled wastes streams had achieved a level of 
organic reduction through treatment, rather than through dilution (see 
59 FR 62915, December 6, 1994). The selection of 50 ppmw in the 1994 
final rule guaranteed that hazardous waste streams with VO 
concentrations of 2,000 ppmw or less at their point of waste 
origination were being reduced by 95% organics through treatment, as 
opposed to dilution. For today's final rule, EPA considers it 
appropriate to modify that 50 ppmw value to be 100 ppmw. In part, EPA 
is making this modification in response to comments that the value of 
50 ppmw was too close to the level of detection for the test method 
25D, and was therefore a very difficult and costly demonstration for 
the facility. After further consideration, the EPA feels that an exit 
concentration value of 100 ppmw is much less difficult and costly for a 
facility to make. Further, when combined with the revised action level 
of 500 ppmw for the overall rule, an exit value of 100 ppmw will ensure 
that the majority of hazardous waste streams are achieving the 95% 
reduction through treatment, as opposed to dilution that may occur 
through commingling.
    For the treatment option that allows mixed hazardous waste to be 
treated by an organic destruction or removal process that reduces the 
VO concentration of the hazardous waste to meet a site-specific 
treatment process exit concentration limit (Sec. 264.1082(c)(2)(v)); 
the requirement that only hazardous waste enter the process is being 
removed. The exit concentration limit is being revised to be the lowest 
average VO concentration at the point of waste origination for each 
individual waste stream entering the process or 500 ppmw, whichever 
value is lower (this latter change is consistent with the revised 
action level for the standards also contained in today's action). Upon 
evaluation of this option, the EPA agreed with commenters that making 
these revisions will allow operators to use this option with a greater 
number of waste management systems, while still ensuring that 
reductions in VO concentrations are achieved through organic treatment 
or removal, as opposed to dilution.
    A treatment option (Sec. 264.1082(c)(2)(vi)) is being added that 
requires an organic reduction efficiency for the process equal to or 
greater than 95 percent, and the average VO concentration of each 
individual waste stream entering the process is certified by the owner 
or operator to be less than 10,000 ppmw at the point of waste 
origination. This option is being added in response to commenters' 
concerns that many waste treatment operations have a multitude of waste 
streams being co-mingled early in the treatment process, and it would 
be infeasible for an operator to evaluate each waste stream. Further, 
the commenters stated that for these same treatment systems, the 
concentration of the hazardous waste streams at their point of waste 
origination is relatively low (e.g. 600 ppmw), and the exit 
concentration that would be required to demonstrate a 95% removal 
efficiency (in this example 30 ppmw) is below the level of detection of 
many organic test methods. Therefore, the EPA considered it reasonable 
to allow the owner or

[[Page 59941]]

operator to document the 95% organic removal efficiency of the control 
device, and certify that no waste streams greater than 10,000 ppmw at 
their point of origination were entering the centralized treatment 
process. The EPA chose the upper value of 10,000 ppmw because any waste 
stream with less than 10,000 volatile organic concentration, when 
treated with a 95% efficient organic control device, would be reduced 
to below 500 ppmw (and thus would not require further control under the 
subpart CC regulations. The EPA considers the combination of these two 
criteria (95% efficient organic control device, and waste streams below 
10,000 ppmw VO concentration at their point of waste origination) to be 
adequate to ensure that any waste stream entering the treatment process 
is adequately treated for the purpose of the subpart CC standards.
3. Exemptions
    An exemption from subpart CC control requirements is added to the 
General Standards to further clarify that a tank or surface impoundment 
used for biological treatment of hazardous waste in accordance with 
provisions in the subpart CC General Standards (Sec. 265.1082(c)(2)(vi) 
or Sec. 264.1082(c)(2)(vi)) is exempt from the control device 
requirements under the rule. This was the Agency's intent in the 1994 
promulgated rule, but several commenters advised the EPA that this 
intent was not evident. Therefore, the EPA is making this addition to 
the General Standards to more clearly describe this intent.
    The following two exemptions are being added to the subpart CC 
General Standards in order to avoid the potential overlap of the 
subpart CC rules with RCRA standards established as part of the Land 
Disposal Restrictions (LDR) and to avoid overlap with the recently 
promulgated Benzene Waste Operations NESHAP.
    In response to commenters' requests that compliance with applicable 
LDR treatment standards be reinstated as a subpart CC treatment 
alternative, an exemption from the subpart CC control requirements is 
being added for a tank, surface impoundment, or container if the 
material placed in the unit is a hazardous waste that meets the 
numerical concentration limits for organics applicable to the hazardous 
waste, as specified in 40 CFR part 268 (Land Disposal Restrictions) 
under Table--``Treatment Standards for Hazardous Waste'' in 40 CFR 
268.40, or has been treated by the treatment technology established by 
EPA for the waste in 40 CFR 268.42(a), or treated by an equivalent 
method of treatment approved by EPA pursuant to 40 CFR 268.42(b).
    The EPA in fact originally proposed such a provision (see 56 FR 
33491, July 22, 1991), and commenters stressed again that wastes 
meeting LDR requirements for organics would have reduced organic 
concentrations sufficiently so that there need not be air emission 
controls on the units receiving the wastes. Upon reflection, EPA now 
agrees with these comments. The LDR treatment standards are based on 
the performance of Best Demonstrated Available Technology and are 
deemed sufficient to minimize threats to human health and the 
environment posed by land disposal of the waste. See 51 FR 40572, 
November 7, 1986 and RCRA section 3004(m)(1). In fact, the standards 
for most organics reflect the performance of combustion technology, 
which destroys organics to non-detectable levels, so that the treatment 
standard is actually the analytic detection limit for the organic times 
a factor which reflects technological variability. Consequently, it is 
EPA's finding here that units receiving wastes that satisfy these 
standards for organics need not be controlled further, since the 
organics in the wastes are already reduced to levels where threats 
posed by release of the organics have been minimized.
    The EPA notes that, to be exempt from the subpart CC standards, the 
waste must meet the LDR treatment standards for that waste whether or 
not the waste actually is prohibited (or restricted) from land 
disposal, i.e., whether or not the waste is going to be ultimately land 
disposed. Thus, for example, if an organic ignitable waste is going to 
be managed in tanks and ultimately disposed of in a manner not 
involving land disposal, in order for the tanks to be exempt from 
subpart CC (assuming the subpart CC rules otherwise apply), the waste 
would have to meet the treatment standards for D001 wastes. It should 
be clear from this example that the treatment standards are being used 
here as a means of demonstrating that further control of air emissions 
from the waste is not necessary to protect human health and the 
environment. This determination does not hinge on whether the waste is 
being land disposed (i.e., on whether the waste would otherwise have to 
be treated to meet the standard as a precondition to land disposal).
    The EPA is amending the 1994 final rule to address certain of the 
commenters' concerns regarding applicability of the subpart CC rules to 
incinerator bulk feed tanks (that is, tanks used for bulk feed of 
hazardous waste to an incinerator). A standard industry practice is to 
control the air emissions from these tanks by enclosing the tank and 
feed operation, and venting emissions for the enclosure through a 
closed-vent system to an organic emission control device. The EPA has 
received comments stating that some industry members have alternate 
designs which allow them to effectively operate bulk incinerator feed 
systems using a tight-fitting cover on the tank and enclosing the feed 
line, with all emissions vented to a control device.
    The EPA is addressing two issues with respect to those former bulk 
feed operations. The first is the efficiency of the organic control 
device, and whether existing facilities must replace those devices 
previously installed to comply with the Benzene Waste Operations 
NESHAP. The second issue is whether an enclosure can provide adequate 
capture and control of organic emissions from an open tank, when 
compared with a tight-fitting cover on that tank.
    The subpart CC rules require 95% reduction of total organics in 
vapor streams, by weight. The Benzene Waste Operations NESHAP (40 CFR 
part 61, subpart FF) requires 98% reduction of benzene in vapor 
streams. This distinction is appropriate, given the Benzene Waste 
Operations NESHAP's purpose to control benzene specifically, and the 
subpart CC rule's purpose to control total organics (including 
benzene). However, incinerator bulk feed operators have installed non-
combustion control devices (such as activated carbon systems and 
condensers) which achieve 98% reduction of benzene, but do not 
effectively achieve 95% reduction of total organics. (This is because 
benzene is more amenable to certain reduction technologies than other 
organic compounds.)
    The EPA has decided that it is not justified to require owners and 
operators to replace these relatively new control devices, which were 
installed pursuant to EPA regulation, and is therefore adding an 
exemption for control devices installed on such systems.4 The EPA 
is making this decision chiefly due to the high replacement cost, 
action in reliance on EPA's Benzene Waste Operations

[[Page 59942]]

NESHAP, and the desire for consistency among the various standards 
controlling organic constituents.
---------------------------------------------------------------------------

    \4\ Although there is probably some degree of decrease in 
protectiveness between these control devices and the proscribed 95% 
total organic control device requirements, EPA considers that 
difference to be not significant enough to warrant the substantial 
dislocations noted above. With respect to newly constructed control 
devices, there would be obviously, no such dislocations, and EPA 
therefore, does not believe there is any reason to forego the full 
protection provided by the 95% total organic control device 
efficiency requirements.
---------------------------------------------------------------------------

    With respect to enclosures used in lieu of a discreet tank cover, 
the issue is the same as that which EPA is addressing for all tank 
systems (see Section G of this Preamble.)

F. Waste Determination Procedures

    Under the subpart CC RCRA air rules, air emission controls are not 
required for a hazardous waste management unit when the unit manages 
hazardous waste having an average VO concentration less than the action 
level (i.e., 500 ppmw at the point of waste origination). As part of 
the procedure for determining the VO concentration of the hazardous 
waste, the EPA allowed that an owner or operator could use either: (1) 
Direct measurement using Method 25D for preparation and analysis of 
samples of the waste collected in accordance with the procedures 
specified in the rule; or (2) the owner's or operator's knowledge of 
the VO concentration in the waste based on information, as specified in 
the rule.
    In response to comments received concerning Method 25D relating to 
aggressiveness, expense, and repeatability of the method, the EPA 
decided to add other appropriate test methods that an owner or operator 
can choose to use for direct measurement of the VO concentration of a 
hazardous waste (see discussion below). In addition, the EPA is making 
certain other changes to facilitate the use of organic concentration 
data obtained using other test methods not specifically listed in the 
rule. The EPA believes that the changes being incorporated into the 
waste determination requirements in conjunction with changes to the 
applicability and action level for the subpart CC RCRA air rules for 
tanks, surface impoundments, and containers provide a range of options 
for determining the VO concentration of a hazardous waste such that 
every owner and operator of a facility subject to the final rule has 
available practical and inexpensive waste determination alternatives.
    The EPA developed Method 25D to provide a relative measure of the 
potential for specific volatile organic compounds to be emitted from 
waste materials. When using Method 25D, the waste is analyzed to 
determine the total concentration, by weight, of all organics purged 
from the waste sample. However, some commenters stated that measuring 
all organics resulted in an overly aggressive method. Commenters 
suggested that there is some universe of organic compounds which 
usually do not volatilize, but which some test methods would measure. 
In a practical sense, the EPA does not consider it equitable to require 
air emission controls for wastes that do not contain organic compounds 
which are likely to volatilize. In response to these comments, the EPA 
is amending the waste determination procedures to allow the owner or 
operator to discount any contribution to the total volatile organic 
concentration that is a result of including a compound with a Henry's 
law constant of less than 0.1 mole-fraction-in-the-gas-phase/mole-
fraction-in-the-liquid-phase (0.1 Y/X) [which can also be expressed as 
1.8 x 10-6 atmospheres/gram-mole/m3] at 25 degrees Celsius. 
The Henry's law constant of a compound is one indication that is 
commonly used to predict the potential of a compound to volatilize.
    If the waste contains compounds with Henry's law constants below 
the cutoff level, the VO concentration for the waste can be adjusted to 
exclude the VO concentration of these compounds from the total VO 
concentration for the waste stream. The contribution to the measured 
total VO concentration for the waste that is made by a specific 
compound can be determined by multiplying the actual concentration of 
the compound in the waste times the appropriate compound-specific 
adjustment ``fm factor'' to obtain the Method 25D VO 
concentration. The VO concentration for the compound, with a Henry's 
law constant of less than 0.1 Y/X, can then be subtracted from the 
total VO concentration measured for the waste. In order to identify 
those compounds with a Henry's law constant below the cutoff level, the 
EPA has published a table listing the known compounds as part of 
today's amendments. The Henry's law constant value used as the cutoff 
in determining the VO concentration of a waste has been used in other 
EPA regulations (e.g., the Off-Site Waste and Recovery Operations 
NESHAP and the HON) and was selected based on modeling studies to 
identify and classify compounds with a significant potential for air 
emissions when present in a waste/wastewater system. With this 
amendment to the waste determination procedures, the EPA considers 
Method 25D to be an appropriate method for determining the VO 
concentration of hazardous wastes subject to the subpart CC RCRA air 
rules. Therefore, Method 25D continues to be an approved test method 
for determining the VO concentration of a waste, although other methods 
are allowed as direct measurement under today's amendment. This is 
discussed in greater detail below.
    Other test methods have been developed by the EPA for use in 
rulemakings under the Clean Water Act that measure the concentration of 
organic pollutants in municipal and industrial wastewaters (see 
appendix A to 40 CFR part 136). Commenters suggested that certain of 
these test methods are applicable to EPA air rulemakings affecting 
hazardous waste and wastewater management units. After extensive 
review, the EPA decided that as alternatives to using Method 25D for 
direct measurement of VO concentration in a hazardous waste for the 
subpart CC RCRA air rules it is appropriate to add Methods 624, 625, 
1624, and 1625 (all contained in 40 CFR part 136, appendix A) and 
Methods 8260(B) and 8270(C) (both in ``Test Methods for Evaluating 
Solid Waste, Physical/Chemical Methods'' in EPA Publication SW-846) 
when these methods are used under certain specified conditions. It is 
important to note that for each of these methods there is a published 
list of chemical compounds which the EPA considers the method 
appropriate to measure. The owner or operator may only use these 
methods to measure compounds that are contained on the list associated 
with that method, unless specified validation procedures are also 
performed. Further, for the purpose of a waste determination, the owner 
or operator must evaluate the mass of all VO compounds in a waste that 
have a Henry's Law value above the 0.1 Y/X cutoff. Therefore, the owner 
or operator is responsible for determining that the analytical method 
being used for a waste determination is sufficient to evaluate all of 
the applicable organic compounds that are contained in the waste. If an 
owner or operator chooses to use a method other than Method 25D to 
analyze a waste that contains unknown compounds or many different 
compounds, it may be necessary to perform screening analyses to verify 
that the alternate analytical method chosen is, in fact, appropriate to 
evaluate all the necessary compounds.
    Because these methods measure the total concentration of various 
constituents, owners and operators may choose to ``correct'' these 
measured values to equate to the values that would be measured using 
Method 25D. This is accomplished by multiplying the total concentration 
measured values times the appropriate compound-specific adjustment 
``fm factor'' to obtain the Method 25D VO concentration. The EPA 
has published lists of the compound-specific adjustment factors

[[Page 59943]]

in other rulemakings; see Table 1 in the Off-Site Waste and Recovery 
Operations NESHAP (40 CFR part 63, subpart DD) and Table 34 in the HON 
(40 CFR part 63, subpart G). Compound specific adjustment factors 
(fm factors) for additional compounds can be obtained by 
contacting the Waste and Chemical Processes Group, Office of Air 
Quality Planning and Standards, Research Triangle Park, NC 27711.
    Sufficient recovery study results are available for Methods 1624 
and 1625 to correct for possible bias, and therefore, these methods are 
considered adequate by the EPA to characterize the concentration of a 
hazardous waste sample. In addition, Methods 624 and 625 are 
appropriate provided the initial calibration of the analytical system 
is performed with the target compounds to be measured. Methods 8260(B) 
and 8270(C) are also considered appropriate provided that formal 
quality assurance procedures are established, followed, and records are 
maintained to cover those elements of the methods considered relevant 
to measuring the actual concentration of organic compounds. The quality 
assurance program must address procedures to minimize the loss of 
compounds due to volatilization, biodegradation, reaction, or sorption 
during the sample collection, storage, and preparation steps as well as 
addressing the overall accuracy and precision of the specific method 
used.
    Sample collection procedures and sample recovery conditions are 
established by Method 25D (40 CFR part 60, Appendix A). For the 
hazardous wastes typically managed in the operations subject to the 
RCRA air rules, the EPA has concluded that using Method 25D sample 
collection procedures and sample recovery conditions for other analysis 
methods is reasonable for the purpose of this rulemaking. However, none 
of the other methods discussed above specifies a sample collection and 
handling procedure that the EPA considers adequate to minimize the 
volatilization of organics from the sample prior to analysis. 
Therefore, to ensure that an adequately representative sample of a 
hazardous waste is analyzed by the method, an owner or operator that 
chooses to use either Method 624, 625, 1624, 1625, 8260(B) or 8270(C) 
for the subpart CC RCRA air rules is required to develop and follow a 
written sampling plan. Similarly, such a plan is required for 
alternative methods validated by EPA Method 301 in appendix A of 40 CFR 
part 63, or the ``Alternative Validation Procedure for EPA Waste and 
Wastewater Methods'' in appendix D of 40 CFR part 63. This plan must 
describe a step-by-step procedure for collecting representative samples 
of the hazardous waste such that material integrity is maintained and 
minimal loss of organics from the sample occurs throughout the 
collection and analysis process. An example of an acceptable sampling 
plan is one that incorporates sample collection and sample handling 
procedures similar to those specified in Method 25D. The sampling plan 
is to be maintained on-site in the facility records.
    It should be noted that as long as one of the allowable test 
methods is being used for direct measurement of the VO concentration of 
a hazardous waste, the EPA would only enforce against the facility on 
that basis (i.e., using the same test method), unless the method used 
is not appropriate for the hazardous waste managed in the unit. For 
example, if the method is not suitable for use on semi-volatile organic 
compounds and the waste is known to contain organic compounds that are 
classified as semi-volatile, then the method is not appropriate.
    In the published rule, the EPA allows use of knowledge-of-the-waste 
as the basis for a waste determination (Sec. 265.1084(a)(2)). Among the 
waste determination techniques that would have been considered 
knowledge, was analysis by methods other than 25D, if the alternate 
method had been validated using Test Method 301, from appendix A of 
part 63. Certain commenters indicated that it was not clear in the 1994 
final rule that data from non-validated methods could be used to make a 
waste determination, with those results being again, considered 
knowledge-of-the-waste (as opposed to direct measurement). Today EPA is 
clarifying that, and, also in response to comments, the EPA has decided 
to allow organic concentration test data that are validated in 
accordance specifically with Sections 5.1 and 5.3 and the corresponding 
calculations in Section 6.1 or 6.3 of Method 301 to be used as direct 
measurement data. This makes validation of the alternative test method 
a self-check of the method being validated. Also, if appropriate, 
owners and operators may choose to ``correct'' values measured by the 
alternative test method to equate to the values that would be measured 
using Method 25D by multiplying the measured values times the 
appropriate compound-specific adjustment ``fM factor.''
    In addition, as discussed in Section II.G of the preamble to the 
final Off-Site Waste and Recovery Operations NESHAP (61 FR 34140, July 
1, 1996), the EPA promulgated a less rigorous validation procedure, 
``Alternative Validation Procedure for EPA Waste and Wastewater 
Methods,'' in Appendix D to 40 CFR part 63 as an alternative to Method 
301 for the validation of a test method established by the EPA Office 
of Water (OW) or the EPA Office of Solid Waste (OSW) when this EPA test 
method is used for air emission standards. The EPA decided it is 
appropriate to allow organic concentration test data that are validated 
in accordance with this method to be used as direct measurement data 
because it is considered to produce equally reliable validation 
results. Other test methods not previously mentioned that are used to 
measure organic concentrations in the waste shall be validated 
according to section 5.1 or 5.3, and the corresponding calculations in 
section 6.1 or 6.3, or Method 301 of Appendix A of 40 CFR part 63.
    The main point that must be reemphasized regarding direct 
measurement of VO concentration is that, although the EPA is amending 
the rule to allow various test methods other than Method 25D to be used 
in a waste determination, the owner or operator must use a test 
method(s) that is appropriate for the compounds contained in the waste. 
The method(s) used for the waste determination must be suitable for and 
must reflect or account for all compounds in the waste with a Henry's 
Law constant equal to or greater than 0.1 Y/X at 25 degrees Celsius.
    In a further clarification, today's action is revising the waste 
determination procedures such that for both point of waste origination 
and point of waste treatment, no distinction is made for batch or 
continuous processes or for whether the owner or operator is the 
generator or receives the waste from off-site. The owner or operator 
chooses an averaging period appropriate for the hazardous waste stream 
of not more than 1 year. As has been noted previously, a site sampling 
plan is required that describes the procedure for collecting 
representative samples of the hazardous waste stream such that a 
minimum loss of organics occurs throughout the sample collection and 
handling process and by which sample integrity is maintained.
    As was originally promulgated in the 1994 final rule, in the event 
that the Regional Administrator and the owner or operator disagree on a 
determination of the average VO concentration of a hazardous waste 
stream at the point of waste origination using knowledge, then direct 
measurement shall be used to establish compliance. As noted above,

[[Page 59944]]

because of the expansion of analysis methods in today's amendments, 
direct measurement to establish compliance is not limited to Method 
25D, but can be performed using any of the methods specified in the 
rule or any test method validated as specified in the rule, as 
appropriate for the waste managed in the unit. Because of the expansion 
of analysis methods, the rule has been revised such that, if the 
Regional Administrator determines that the method used by the owner or 
operator for a waste determination using direct measurement was not 
appropriate for the waste managed in the unit, then the Regional 
Administrator may choose an appropriate method to verify the waste 
determination.

G. Standards: Tanks

    The subpart CC tank standards have been revised to address comments 
on the proposed technical amendments, to be consistent with tank 
standards established for related Clean Air Act NESHAP, and to reduce 
the inspection, monitoring, recordkeeping, and reporting requirements. 
In general, the amendments published today establish two levels of air 
emission control (referred to as Level 1 and Level 2 controls) for 
tanks managing hazardous waste having a maximum organic vapor pressure 
less than 76.6 kilopascals (kPa). The control level applicable to a 
tank required to use controls is determined by the tank design capacity 
and the maximum organic vapor pressure of the material in the tank. 
Ranges of capacity and vapor pressure limits or criteria have been 
established for tanks. However, tanks used for waste stabilization 
processes are required to use specific air emission controls.
    For a tank to meet Level 1 controls, the revised final rule 
specifies that the hazardous waste be managed in a tank using a fixed-
roof. For the Level 2 controls, the revised final rule requires that 
hazardous waste be managed in one of the following: (1) A fixed-roof 
tank equipped with an internal floating roof; (2) a tank equipped with 
an external floating roof; (3) a tank vented through a closed-vent 
system to a control device; (4) a pressure tank; or (5) a tank located 
inside an enclosure that is vented through a closed-vent system to an 
enclosed combustion control device.
    A tank is allowed to use the Level 1 controls if it meets the 
conditions that were in the 1994 final subpart CC rule to qualify for 
control by only a fixed roof, with several revisions to the conditions. 
In response to comments, the condition that the waste is neither mixed, 
stirred, agitated, nor circulated within the tank is being dropped; the 
condition on heating the waste is being revised to require that the 
hazardous waste in the tank not be heated to a temperature that is 
greater than the temperature at which the maximum organic vapor 
pressure of the waste was determined; and the condition that the 
hazardous waste not be treated by a process that produces an exothermic 
reaction is being dropped. The EPA agrees with commenters that these 
conditions are redundant given the criteria based on determination of a 
maximum organic vapor pressure. The conditions that are being dropped 
from the rule thus are adequately accounted for in the maximum organic 
vapor pressure criteria.
    The owner or operator of a tank that qualifies for the Level 1 
controls may choose to use Level 2 controls. A tank that does not 
qualify for the Level 1 controls is subject to the Level 2 controls.
    Tank Level 1 control requirements consist of a fixed roof meeting 
the design, operation, inspection, and recordkeeping requirements 
specified in the rule. Because of commenters' concerns with the safety 
of workers during tank cleaning, the operating requirements are being 
clarified to explicitly include the removal of accumulated sludge or 
other residues from the bottom of the tank as a time when the opening 
of closure devices or removal of the fixed roof is allowed. In response 
to commenters' concerns that the subpart 1994 CC rules (inadvertently) 
required that a conservation vent must discharge through a closed-vent 
system to a control device, the revised rule states that a pressure 
relief device, such as a conservation vent which vents to the 
atmosphere, is allowed for the purpose of maintaining the tank internal 
pressure in accordance with the tank design specifications. Normal 
operating conditions that might require a pressure relief device to 
open include internal pressure buildup as a result of loading 
operations or diurnal ambient temperature fluctuations.
    To reduce the inspection, monitoring, and recordkeeping burden of 
the rule, a number of rule revisions are being made in response to 
comments. The semiannual inspection requirement for the fixed roof and 
closure devices is being changed to an annual inspection requirement. 
The EPA considers this change to greatly reduce the requirements placed 
on the tank operators, while not affecting the protectiveness of the 
rules. The regulations still require tanks to be operated with covers 
that do not have visible openings or gaps; therefore, any openings or 
gaps will still need to be immediately repaired. The instrument 
monitoring requirements are being dropped, EPA's rationale being that 
the fixed roofs are allowed to operate with a conservation vent, and 
thus, leaks detectable only by an instrument are relatively 
insignificant. The time during which repair of a defect must be 
completed is being extended from 15 to 45 calendar days. The delay of 
repair provisions are being clarified to indicate that repair of a 
defect on a fixed roof or closure device may be delayed beyond 45 
calendar days if repair would require the tank to be emptied or removed 
from service and no alternative capacity is available at the facility 
to accept the hazardous waste normally managed in the tank. The 
recordkeeping requirements are being clarified to explicitly define the 
information required for the annual inspection.
    The revised Tank Level 2 air emission control requirements include 
options that were available in the 1994 final subpart CC rule, i.e., a 
tank equipped with a fixed roof and internal floating roof, a tank 
equipped with an external floating roof, a fixed roof vented through a 
closed-vent system to a control device, and a pressure tank. In 
addition, an option is being provided allowing the use of an enclosure 
vented through a closed-vent system to an enclosed combustion device or 
a control device designed and operated to reduce the total organic 
content of the inlet vapor stream by at least 95 percent by weight.
    For a tank equipped with a fixed roof and internal floating roof, 
an operating requirement is being revised, such that, when the floating 
roof is resting on the leg supports, the process of filling, emptying, 
or refilling must be accomplished as soon as practical rather than as 
rapidly as possible. The rationale for this is explained in the 
preamble of the February 9, 1996 technical amendments (see 61 FR 4910).
    Internal floating roof and external floating roof design, 
operating, inspection, and monitoring requirements are revised to 
reflect current technology and to be consistent with requirements of 
Clean Air Act standards for the same equipment (e.g. the off-site waste 
and recovery operations NESHAP, promulgated July 1, 1996). Again, this 
is part of the EPA's effort to promote consistency between requirements 
for similar types of units. Overall performance and emission reductions 
are effectively unchanged.
    For a tank with a fixed roof that is vented through a closed-vent 
system to a control device, the operating, monitoring, and inspection 
requirements are being revised

[[Page 59945]]

consistent with the Tank Level 1 control requirements described 
previously. In summary, the times when opening of closure devices or 
removal of the fixed roof are allowed are being clarified, the rule is 
being clarified to allow the opening of a safety device, the semiannual 
inspection required for the fixed-roof and closure devices is changed 
to an annual inspection requirement, monitoring requirements are 
dropped, the time during which repair of a defect must be completed is 
extended from 15 to 45 calendar days, the delay of repair provisions 
are being clarified to indicate that repair of a defect on a fixed roof 
or closure device may be delayed beyond 45 calendar days, and the 
recordkeeping requirements are being clarified to explicitly define the 
information required for the annual inspection.
    In response to the numerous comments regarding establishment of 
criteria to identify or define a pressure tank, the pressure tank 
requirements are being clarified to state that the tank shall be 
designed to operate with no detectable organic emissions during filling 
to the tank design capacity and the subsequent compression of the vapor 
headspace in the tank.
    For the control option being added as a part of these amendments 
that allows the use of an enclosure vented through a closed-vent system 
to an enclosed combustion device or alternative control device, the 
enclosure must be designed and operated in accordance with the criteria 
for a permanent total enclosure as specified in 40 CFR 52.741, Appendix 
B, Procedure T-Criteria for and Verification of a Permanent or 
Temporary Total Enclosure. The EPA is adding this control option in 
response to comments from, among others, members of the hazardous waste 
stabilization industry and the incineration industry, who maintain that 
certain waste handling or treatment operations (e.g. incinerator bulk 
feed systems and stabilization) can not feasibly be conducted in 
covered tanks.
    The EPA has made a number of revisions to the regulations that 
address this concern. As noted earlier, the increased VO concentration 
action level (from 100 ppmw to 500 ppmw) plus the inapplicability of 
the rule to hazardous wastes that meet the LDR standard for organic 
hazardous constituents should sharply reduce the number of situations 
where a metal-bearing waste undergoing stabilization would also be 
subject to the subpart CC standards.
    In addition, the EPA reexamined the data in the record for those 
wastes that may undergo stabilization and still be subject to the 
Subpart CC requirements; this includes data supplied by waste 
management companies after promulgation of the 1994 final CC rule, in 
response to EPA's solicitation (see 59 FR 62912, December 6, 1994). 
However, the data currently available to the EPA do not support the 
commenters' assertions that no controls at all are needed for these 
wastes undergoing stabilization. All currently available data indicate 
that a significant fraction, by mass, of organics in waste are 
volatilized during stabilization processes.5
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    \5\ Recent data supplied to EPA (including information contained 
in docket F-94-CE3A-FFFFF, and information submitted by subpart CC 
rule commenters to the EPA's Office of Solid Waste and Emergency 
Response) do not lead the Agency to conclude otherwise. Rather, the 
data submitted indicate that numerical quantification methods, or 
test methods, used to measure the mass of organics emitted during 
stabilization do not yield consistent or precise results when waste 
streams below 500 ppmw VO concentration are evaluated. These data, 
among other factors, prompted the Agency to raise the action level 
to 500 ppmw. However, the data submitted did not support any 
revision to the Agency's policy of requiring stabilization of 
organics to be performed in units with air emission controls. The 
Agency maintains that stabilization, and other operations that raise 
the temperature of the waste or agitate the waste, increase the rate 
of volatilization or organics in the waste. Therefore, it follows 
that a regulation that considers it appropriate to control the 
organic emissions from storage of hazardous waste would consider it 
at least as important to control the organic emissions during 
treatment of hazardous waste.
---------------------------------------------------------------------------

    The EPA recognizes that certain stabilization and waste handling 
operations can only be feasibly conducted in open tanks (and 
containers). For such operations, where a cover is impractical, the 
most practical alternative is a permanent total enclosure that achieves 
high capture efficiency of the organic compounds emitted from the open 
tank (or container) and routes them through a closed-vent system to an 
organic control device. The EPA defines a permanent total enclosure as 
a ``permanently installed enclosure that completely surrounds a source 
of emissions such that all (VOC) emissions are captured and contained 
for discharge through a control device.'' The EPA has developed a set 
of criteria (in 40 CFR 52.741, appendix B) to ensure high capture 
efficiencies through proper design and operation of an enclosure and to 
eliminate the need for expensive and disruptive capture efficiency 
performance tests. The EPA method states that if a facility meets the 
criteria for a permanent total enclosure and all emissions are directed 
to a control device, the capture efficiency may be assumed to be 100 
percent and measurement requirements are waived. The EPA has concluded 
that these enclosure criteria are appropriate for application to waste 
stabilization operations, bulk feed tank operations, and other waste 
handling situations where an owner or operator may deem a covered tank 
impractical; the design and operational criteria allow for necessary 
worker access to perform necessary operations, while assuring a high 
capture efficiency. Therefore, in this limited situation, use of an 
enclosure and control device that meets the criteria specified in the 
rule, for both the enclosure and the control device, is considered to 
provide the same level of emission reduction performance as does the 
other control options provided in the rule for tanks and thus achieves 
the same level of protection.
    One commenter argued that the permanent enclosure criteria are 
inappropriate because they were originally developed for use in another 
industry (the paint and coating industry). However, the EPA considers 
these criteria appropriate for ensuring adequate design and operation 
of any enclosure used to capture organic emissions. The criteria are 
not prescriptive, that is, they do not specified detailed design and 
operation conditions. Rather, the criteria are just that: Parameters 
that must be evaluated, and minimum or maximum values that must be met 
for each parameter. These criteria are the only description known to 
the Agency that ensure an enclosure is effective in: (1) Preventing 
significant volumes of organics from escaping to the atmosphere, (2) 
capturing the organics from within the enclosure, and (3) routing the 
organics from within the enclosure to a control device.
    The permanent total enclosure criteria specifies: (1) Maximum total 
area for natural draft openings, or NDO (which are holes in the 
enclosure that allow passage of organics through to the atmosphere), 
(2) minimum distance from emission points to NDO, (3) minimum face 
velocity to ensure sufficient negative pressure, (4) closure of any 
accesses that were not open for the purpose of performing the criteria 
calculations, and (5) routing of all emissions to a control device. All 
of these are parameters that would require consideration in the 
evaluation of any enclosure's effectiveness. Further, the minimum and 
maximum values specified in the permanent total enclosure criteria were 
chosen by EPA specifically for the purposes of ensuring adequate 
capture of organic emissions from industrial operations, such as paint 
and coating operations. The paint and coating industry operations are 
similar enough to other industrial operations, including waste 
treatment, that it is appropriate to use the permanent total

[[Page 59946]]

enclosure criteria for specifying enclosure integrity elsewhere.
    One commenter remarked that the costs to retrofit two particular 
existing enclosures to the permanent total enclosure criteria would be 
prohibitive. The EPA does not agree with that remark. After reviewing 
that data, the EPA estimates that it would be less costly for that 
facility to upgrade those enclosures than it would be for any facility 
to retrofit an existing tank with an air-tight cover, which is the 
requirement for other tanks subject to the subpart CC standards.6
---------------------------------------------------------------------------

    \6\ The EPA further notes that one of the two enclosures 
described in this commenter's submission would require only the 
sealing of a natural draft opening which is too close to an emission 
point. The other enclosure would require an increase in the face 
velocity, which could possibly be achieved by closing some of the 
natural draft openings in the enclosure. The cost to close a natural 
draft opening is not at all prohibitive; in many instances it can be 
accomplished with a patch and some air-tight caulk or foam. However, 
it is conceivable that the facility may need to increase the 
capacity of the control device for this second enclosure, in order 
to be able to effectively handle the resulting increased air flow. 
However, the EPA considers it highly relevant to note that the 
commenter states that his permitting authority has confirmed the 
tank inside this enclosure is not subject to the subpart CC 
standards; therefore, the enclosure would not be required to meet 
the permanent total enclosure criteria referenced by the subpart CC 
standards. It should be noted that costs associated with achieving a 
level of protectiveness required under RCRA 3004(n) are not a 
consideration in the selection of standards.
    The EPA considers it also noteworthy to mention that a hazardous 
waste treatment industry group polled its members that operate 
incinerator bulk feed tanks, and was informed that all the member 
companies polled either: (1) Currently perform the bulk feed 
operations using covered tanks, (2) currently perform the bulk feed 
operations inside enclosures which already meet all of the permanent 
total enclosure criteria, or (3) would consider it reasonable to 
(and are willing to) upgrade or modify their existing enclosures to 
meet the permanent total enclosure criteria.
---------------------------------------------------------------------------

    Safety devices, as defined in the rule, may be installed on the 
enclosure, as needed. The closed-vent system and enclosed combustion 
device or alternative control device must be designed and operated in 
accordance with standards in subpart CC. The enclosure is required to 
be inspected initially and annually thereafter. When defects are 
detected, the owner or operator must make first attempts at repair no 
later than 5 calendar days after detection and complete repair within 
45 days.
    Finally, in response to commenters' concerns with the feasibility 
of transferring solids and sludges between containers and tanks in a 
``closed system'' as required by the final rules, the closed system 
transfer requirements for hazardous wastes transferred to or from a 
tank and another waste management unit subject to subpart CC control 
requirements are being revised such that transfer of hazardous waste 
between a tank and container is not required to be done in a closed 
system.

H. Standards: Surface Impoundments

    Revisions are being made to the subpart CC surface impoundment 
standards so that, where relevant and appropriate, the inspection, 
monitoring, recordkeeping, and reporting requirements for surface 
impoundments are consistent with the requirements established for tanks 
in subpart CC and for surface impoundments under the Clean Air Act 
NESHAP. A discussion of these revisions is presented below.
    More design and installation information is being included for 
rigid covers. A provision is being added that clarifies the intent of 
the 1994 final subpart CC rule, that venting to a control device is not 
required and that opening of closure devices or removal of the cover is 
allowed to remove accumulated sludge or other residues from the bottom 
of the surface impoundment. A provision is being added that explicitly 
allows opening of a safety device installed on the cover, closed-vent 
system, or control device at any time conditions require it to do so to 
avoid an unsafe condition. Also under the technical amendments 
published today, visual inspection of the rigid cover and closure 
devices is required initially and annually thereafter, rather than 
semiannually; leak detection monitoring is only required initially; and 
there are no requirements for periodic monitoring (as discussed above, 
the EPA does not consider it warranted to survey for non-visible leaks, 
while allowing conservation vents to route emissions to the 
atmosphere). The repair period for a defect also is being extended from 
15 to 45 days to be consistent with other CAA regulations (e.g. the 
HON).
    The floating membrane cover design and installation requirements 
are being clarified, e.g., language is being added to clarify that the 
``floating membrane cover shall be designed to float during normal 
operations on the surface of the liquid contained in the surface 
impoundment.'' A provision is being added that allows the floating 
membrane cover to be equipped with emergency cover drains for removal 
of storm water. Opening of a safety device installed on the cover is 
allowed at any time conditions require it to do so to avoid an unsafe 
condition. Visual inspection of the floating membrane cover and closure 
devices is required initially and annually, rather than semiannually. 
The leak detection monitoring requirements for floating membrane covers 
are being dropped. The repair period for a defect is being extended 
from 15 to 45 days.
    The closed system transfer requirements for hazardous wastes 
transferred to or from a surface impoundment and another waste 
management unit subject to subpart CC control requirements are being 
revised such that transfer of hazardous waste between a surface 
impoundment and container is not required to be done in a closed 
system. This change is being made to provide consistency within the 
subpart CC rules; containers are not subject to transfer requirements 
among other containers; therefore, the EPA does not consider it 
necessary to require closed transfer between containers and surface 
impoundments.

I. Standards: Containers

    The subpart CC container standards are being significantly revised 
under today's amendments to address comments on the proposed changes to 
the container requirements, to make this rule compatible with the 
existing U.S. Department of Transportation (DOT) regulations for 
transporting hazardous materials, and to reduce any unnecessary 
inspection, monitoring, recordkeeping, and reporting requirements.
1. Control Requirements
    Commenters stated that promulgated air emission control 
requirements for containers are impractical to implement or require 
equipment that is commercially unavailable. Also, commenters stated 
that the requirements should be consistent with the container air 
emission control requirements under the Clean Air Act rules.
    Since promulgation in December 1994, the EPA has obtained more 
information on the practices and equipment currently used to manage 
hazardous waste in containers. Based on consideration of this 
information, the EPA decided to revise the air emission control 
requirements for containers to better reflect the container organic 
emission potential, the various container types, and the common 
container management practices used for hazardous waste operations. The 
EPA believes that these revised requirements are technically feasible 
and practical to implement on all types of containers that the Agency 
expects to be subject to the rule. These revisions are described in 
detail later in this section of today's notice.
    The EPA is addressing consistency between the air emission control 
requirements for containers (as well as

[[Page 59947]]

the other affected waste management units) in the RCRA rules and those 
contained in Clean Air Act NESHAP or NSPS by amending the RCRA rules to 
include an exemption for those affected units using organic emission 
controls in accordance with the requirements of any applicable NESHAP 
or NSPS. Because the Clean Air Act controls for containers are 
essentially the same as those required under the RCRA air rules, they 
are considered to provide the same level of protection. In addition, 
allowing the use of DOT containers is also consistent with the EPA's 
general objective of avoiding duplication and promoting consistency. 
The EPA has thoroughly evaluated the control requirements for DOT 
containers and has worked with DOT in developing these revisions. The 
EPA concluded that containers that meet applicable DOT requirements 
under 49 CFR parts 173, 178, 179, and 180 are equivalent in their 
overall emission reduction performance and therefore provide the same 
level of protection as do the initial requirements of the final subpart 
CC rules.
    The revised container standards for the subpart CC RCRA air rules 
establish three levels of air emission control. The control level 
applicable to a container is determined by the container design 
capacity, the total organic content of the hazardous waste material in 
the container, and use of the container. For example, containers with a 
design capacity less than or equal to 0.1 m3 (approximately 26 
gallons) are not subject to any requirements under the rule, as was the 
case in the 1994 promulgated CC rule.
    Under today's revised subpart CC rule, Level 1 controls are allowed 
for the following container categories (except when the container 
remains uncovered for waste stabilization or certain other treatment 
processes): (1) Containers having a design capacity greater than 0.1 
m3 and less than or equal to 0.46 m3 (approximately 119 
gallons); and (2) containers with a design capacity greater than 0.46 
m3 and used to manage hazardous wastes that do not meet the 
definition of ``in light material service'' (i.e., used to manage a 
hazardous waste where the vapor pressure of one or more of the 
components in the material is greater than 0.3 kPa at 20  deg.C, and 
the total concentration of the pure components having a vapor pressure 
greater than 0.3 kPa at 20  deg.C is equal to or greater than 20 
percent by weight). Level 2 controls are required for containers with a 
design capacity greater than 0.46 m3 and used ``in light material 
service,'' except when the container remains uncovered for waste 
stabilization or certain other treatment processes. Level 3 controls 
are required for containers having a design capacity greater than 0.1 
m3 that must remain uncovered for waste stabilization processes.
    For the containers allowed to use Level 1 controls, the amended 
rule requires that the hazardous waste be managed either: (1) In a 
container that meets the relevant DOT regulations on packaging 
hazardous materials for transportation under 49 CFR parts 173, 178, 
179, and 180; or (2) a covered container that meets the requirements 
specified in the 1994 final CC rule (40 CFR parts 264 and 265). No 
additional requirements are specified by today's revised final rule for 
containers complying with the applicable DOT regulations. In the case 
when an owner or operator elects to comply with the covered container 
requirements (i.e., non-DOT containers), the container must be equipped 
with a tight-fitting cover that has no visible gaps, spaces, holes, or 
other openings. The rule does require a visual inspection when the 
cover is applied and annually thereafter, if the container remains in 
on-site storage for a period longer than 1 year. No testing for 
detectable organic emissions using Method 21 is required. No 
recordkeeping and reporting are required under the revised final rule 
for containers using Level 1 controls. The EPA has agreed with 
commenters' suggestions that any increases in enforceability of the 
subpart CC standards does not justify the expense and time required by 
an owner or operator to make and maintain records for the subpart CC 
regulations for hazardous waste in containers. The vast majority of 
containers subject to the subpart CC standards are not at a given site 
for more than 90 days; therefore, the burden associated with 
maintaining additional records (that is, in addition to existing 
records required under other applicable regulations, such as the RCRA 
subpart I, or DOT container requirements) for all containers used to 
store hazardous waste was deemed to be considerably greater than the 
recordkeeping requirements for tanks or surface impoundments 
(particularly when compared with the relatively low volume of hazardous 
waste, nationwide, that is managed in containers versus tanks and 
surface impoundments).
    For the containers required to use Level 2 controls, today's 
revised final rule requires that the hazardous waste be managed in one 
of the following: (1) A container that meets the relevant DOT 
regulations on packaging hazardous materials for transportation under 
49 CFR parts 173, 178, 179, and 180; or (2) a container that operates 
with ``no detectable organic emissions''; or (3) a container that has 
been demonstrated within the preceding 12 months to be vapor-tight by 
using Method 27. Specific design, operating, inspection and monitoring, 
repair, recordkeeping, and reporting requirements for containers tested 
using either Method 21 or 27 are specified in the rule.
    No additional requirements are specified in the final rule for 
containers complying with the applicable DOT regulations. However, for 
compliance with the subpart CC rules, no exceptions under the 40 CFR 
parts 178 or 179 regulations are allowed for DOT containers except for 
lab packs meeting the exceptions for combination packaging specified in 
40 CFR 173.12(b). In addition, the EPA based its decision to allow use 
of DOT containers for compliance with the subpart CC rules on the 
specifications, testing, maintenance, and other requirements for 
containers that can be reused or refilled under DOT regulations (the 
typical practice at hazardous waste TSDF). For the purpose of complying 
with the subpart CC rules, the EPA does not consider it appropriate 
that a container which is a ``non-reusable container (NRC)'' or 
``single-trip container (STC)'' according to DOT requirements, be 
repeatedly used while at the facility site (i.e., emptied and refilled) 
for the handling of hazardous waste subject to subpart CC rules. Before 
a DOT container can be reused, even within the boundaries of a facility 
site, it must comply with the DOT reconditioning and reuse provisions 
of the hazardous materials regulations in 49 CFR 173.28.
    For the containers required to use Level 3 controls, the revised 
final rule requires that an open container be placed in an enclosure 
vented through a closed-vent system to a control device or a covered 
container be vented directly to a control device. If an enclosure is 
used, the enclosure is to be designed in accordance with the criteria 
for a permanent total enclosure as specified in 40 CFR 52.741, Appendix 
B, Procedure T--Criteria for and Verification of a Permanent or 
Temporary Total Enclosure. The use of a permanent total enclosure and 
the design and operating criteria for these enclosures are discussed 
further in Section G of this preamble.
2. Loading Operations
    Requirements for loading hazardous waste into a container are also 
being revised by today's action in response to the numerous comments 
received by EPA on this topic. Under the revised final rule there are 
no requirements for

[[Page 59948]]

loading hazardous waste into containers using Level 1 controls. The 
rationale for this is explained in the preamble to the February 9, 1996 
technical amendments (see 61 FR 4909). For containers using Level 2 
controls, the loading requirements have been revised to allow the owner 
or operator the flexibility to use any appropriate loading method that 
will minimize exposure of the hazardous waste to the atmosphere and 
thereby reduce organic air emissions, to the extent practical 
considering the physical properties of the hazardous waste and good 
engineering and safety practices. Examples of container loading 
procedures that the EPA considers to meet these requirements include, 
but are not limited to, using a submerged-fill pipe or other submerged-
fill method to load liquids into the container; or using a vapor-
balancing or a vapor-recovery system to collect and control the vapors 
displaced from the container during filling operations.
3. Inspection, Monitoring, Recordkeeping, and Reporting
    After consideration of the comments regarding the burden associated 
with certain aspects of the inspection, monitoring, recordkeeping, and 
reporting requirements for containers, and review of the effect of 
these requirements on the emission reduction achieved by these 
standards, the EPA has determined that it is appropriate to simplify 
these requirements in today's amendments. Owners and operators of 
containers using either Container Level 1 or Container Level 2 controls 
in accordance with the provisions of the rule are required to visually 
inspect the container and its cover and closure devices to check for 
defects at the time the owner or operator first manages a hazardous 
waste in the container or accepts possession of the container at the 
facility with the exception of those containers emptied within 24 hours 
of being received. Also, in the case when a container used for managing 
hazardous waste remains at the facility for a period of 1 year or more, 
the container and its cover and closure devices are to be visually 
inspected to check for defects at least once every 12 months.
    Under the revisions published here, there are no requirements for 
periodic Method 21 leak monitoring of containers. The EPA considers 
this revision appropriate, in light of the relatively low volume of 
hazardous waste managed in containers (as compared to that volume 
managed in tanks and surface impoundments) and the transitory nature of 
containers (i.e. the vast majority of containers, nationwide, do not 
remain on a given site longer than 90 days). The time and expense 
required by operators to perform periodic Method 21 monitoring on 
containers does not seem to be warranted by any anticipated increase in 
emission reductions or enforceability of the subpart CC standards.
    There is only one recordkeeping requirement and no reporting 
requirements under this rulemaking for containers using either 
Container Level 1 or Container Level 2 controls. The recordkeeping 
requirement is to maintain in the facility record a copy of the 
procedure used to determine that containers with capacities equal to or 
greater than 0.46 m3 and do not meet the applicable DOT 
regulations are not managing hazardous waste in ``light material 
service.''
    Information is also being added to the rule concerning the duration 
of time that the cover or closure devices can be open for the purpose 
of adding hazardous waste to or removing hazardous waste from the 
container or performing other routine activities, such as sampling the 
hazardous waste in the container. Opening of a spring-loaded pressure-
vacuum relief valve, conservation vent, or similar type of pressure-
relief device that vents to the atmosphere is allowed to maintain 
container internal pressure within design specifications during normal 
operating conditions, e.g., to release pressure resulting from loading 
operations or diurnal temperature changes. Opening of a safety device, 
as defined in the rule, is allowed at any time conditions require it to 
do so to avoid an unsafe condition.

J. Standards: Closed-Vent Systems and Control Devices

    As previously discussed in this preamble under the revisions to the 
subpart AA provisions for control devices and closed-vent systems, the 
subpart CC control device and closed-vent system standards are being 
revised by today's technical amendments to incorporate changes so that 
these requirements are consistent and up-to-date with the general 
decisions the EPA has made regarding the inspection, monitoring, 
maintenance, repair, malfunctions, recordkeeping, and reporting 
requirements for organic emission control devices and which have been 
published in other related standards.
    In the subpart CC standards for control devices and closed vent 
systems, provisions are being added to allow up to 240 hours per year 
for periods of planned routine maintenance of a control device during 
which time the control device is not required to meet the performance 
requirements for emission reductions specified in the rule and to 
exempt control devices from the substantive requirements of this 
section during a control device system malfunction. Recordkeeping 
requirements for these provisions are also being added. This change is 
being made in response to commenters' statements that good engineering 
and air pollution control practices include maintenance of air 
pollution control equipment, and that it is reasonable to assume that 
all such equipment will require either maintenance or repair at some 
time during the life of the equipment. The EPA is adding this allowance 
in an attempt to encourage good maintenance of such equipment, and in 
recognition that if maintenance periods are not allowed, repair periods 
will be unavoidable; it seems more reasonable to encourage the former, 
while accepting that both are realities. The value of 240 hours has 
been selected to be consistent with other air regulations developed 
under the CAA, such as the HON.

K. Inspection and Monitoring Requirements

    The EPA is making revisions to the inspection and monitoring 
requirements for the final subpart CC RCRA air rules to reflect the 
revisions to the rule applicability and technical requirements and 
reduce the burden of these requirements on owners and operators. These 
revisions are explained in more detail throughout the preamble, above.

L. Recordkeeping and Reporting Requirements

    The EPA is changing the recordkeeping and reporting requirements 
for the final subpart CC RCRA air rules to reflect the revisions to the 
rule applicability and technical requirements and reduce the burden of 
these requirements on owners and operators. These revisions are 
explained in more detail throughout the preamble, above.

V. Administrative Requirements

A. Docket

    Six 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;

[[Page 59949]]

(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; (4) RCRA docket number F-94-CE2A-FFFFF, 
which contains information pertaining to waste stabilization operations 
performed in tanks; (5) RCRA docket number F-95-CE3A-FFFFF, which 
contains information about potential final rule revisions made 
available for public comment; and (6) RCRA docket number F-96-CE4A-
FFFFF, which contains a copy of each of the comment letters submitted 
in regard to the revisions that the EPA was considering for the final 
subpart CC standards. The public may review all materials in these 
dockets at the EPA RCRA Docket Office.
    The EPA RCRA Docket Office is located at Crystal Gateway, 1235 
Jefferson Davis Highway, First Floor, Arlington, Virginia. Hand 
delivery of items and review of docket materials are made at the 
Virginia address. The public must have an appointment to review docket 
materials. Appointments can be scheduled by calling the Docket Office 
at (703) 603-9230. The mailing address for the RCRA Docket Office is 
RCRA Information Center (5305W), 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.

B. Paperwork Reduction Act

    The information collection requirements of the previously 
promulgated RCRA air rules were submitted to and approved by the Office 
of Management and Budget (OMB). A copy of this Information Collection 
Request (ICR) document (OMB control number 1593.02) may be obtained 
from Sandy Farmer, Information Policy Branch (2136); U.S. Environmental 
Protection Agency; 401 M Street, SW; Washington, DC 20460 or by calling 
(202) 260-2740.
    Today's amendments to the RCRA air rules should have only a minor 
impact on the information collection burden estimates made previously, 
and that impact is expected to be a reduction. The changes consist of 
new definitions, alternative test procedures, clarifications of 
requirements, and additional compliance options. The changes are not 
additional requirements, but rather, are reductions in previously 
published requirements. The overall information-keeping requirements in 
the rule are being reduced. Consequently, the ICR has not been revised.

C. Executive Order 12866 Review

    Under Executive Order 12866, the EPA must determine whether the 
proposed regulatory action is ``significant'' and, therefore, subject 
to the OMB review and the requirements of the Executive Order. The 
Order defines ``significant'' regulatory action as one that is likely 
to lead to 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 in 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.
    The RCRA Subpart CC air rules published on December 6, 1994, were 
considered significant under Executive Order 12866, and a regulatory 
impact analysis (RIA) was prepared. The amendments published today 
clarify the rule, provide more compliance alternatives, make certain 
regulatory provisions more lenient, and correct structural problems 
with the drafting of some sections. The OMB has evaluated this action, 
and determined it to be non-significant; thus it did not require their 
review.

D. Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act, 5 
U.S.C. 605(b), as amended, Pub. L. 104-121, 110 Stat. 847, the EPA 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities and therefore no initial 
regulatory flexibility analysis under section 604(a) of the Act is 
required. For the reasons discussed in the December 6, 1994 Federal 
Register (59 FR 62923), this rule does not have a significant impact on 
a substantial number of small entities. The changes to the rule do not 
add new control requirements to the December 1994 rule. The amendments 
in fact reduce the already-existing requirements. Therefore, the 
amendments are also not considered significant.
    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2) given that it amends the rule published in 1994 to reduce 
the extent of regulation.

E. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), the EPA must prepare a budgetary impact 
statement to accompany any proposed or final rule that includes a 
Federal mandate that may result in estimated costs to State, local, or 
tribal governments in the aggregate, or to the private sector, of $100 
million or more. Under section 205, the EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives 
of the rule and is consistent with statutory requirements. Section 203 
requires the EPA to establish a plan for informing and advising any 
small governments that may be significantly or uniquely impacted by the 
rule.
    The EPA has determined that the action promulgated today does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate or to the private sector. Therefore, the requirements of the 
Unfunded Mandates Act do not apply to this action.

VI. Legal Authority

    These regulations are amended 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 261

    Environmental protection, Air pollution control.

40 CFR Part 262

    Air pollution control, Packaging and containers, Tank.

40 CFR Parts 264 and 265

    Environmental protection, Air pollution control, Control device, 
Hazardous waste, Inspection, Monitoring, Packaging and containers, 
Reporting and recordkeeping requirements, Surface impoundment, Tank, 
TSDF, Waste determination.

[[Page 59950]]

40 CFR Part 270

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

    Dated: October 4, 1996.
Carol M. Browner,
Administrator.
    For the reasons set out in the preamble, title 40, chapter I, parts 
261, 262, 264, 265, 270, and 271 of the Code of Federal Regulations are 
amended as follows:

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

    1a. The authority citation for part 261 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938.

    1b. Section 261.6 is amended by revising paragraph (c)(1) to read 
as follows:


Sec. 261.6  Requirements for recyclable materials.

* * * * *
    (c)(1) Owners and operators of facilities that store recyclable 
materials before they are recycled are regulated under all applicable 
provisions of subparts A though L, AA, BB, and CC of parts 264 and 265, 
and under parts 124, 266, 268, and 270 of this chapter and the 
notification requirements under section 3010 of RCRA, except as 
provided in paragraph (a) of this section. (The recycling process 
itself is exempt from regulation except as provided in Sec. 261.6(d).)
* * * * *

PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

    1c. The authority citation for part 262 continues to read as 
follows:

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

    2. Section 262.34 is amended by revising paragraphs (a)(1)(i) and 
(a)(1)(ii) to read as follows:


Sec. 262.34  Accumulation time.

    (a) * * *
    (1) * * *
    (i) In containers and the generator complies with subpart I of 40 
CFR part 265; and/or
    (ii) In tanks and the generator complies with subpart J of 40 CFR 
part 265, except Secs. 265.197(c) and 265.200; and/or
* * * * *

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

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

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

Subpart I--Use and Management of Containers

    4. Section 264.179 is revised 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 applicable requirements of subparts 
AA, BB, and CC of this part.

Subpart J--Tank Systems

    5. Section 264.200 is revised 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 applicable requirements of subparts AA, BB, 
and CC of this part.

Subpart K--Surface Impoundments

    6. Section 264.232 is revised 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 applicable requirements of 
subparts BB and CC of this part.

Subpart AA--Air Emission Standards for Process Vents

    7. Section 264.1030 is amended by revising paragraph (b); and 
removing the refererence ``262.34'' from the note at the end of the 
section to read as follows:


Sec. 264.1030  Applicability.

* * * * *
    (b) Except for Sec. 264.1034, paragraphs (d) and (e), this subpart 
applies to process vents associated with distillation, fractionation, 
thin-film evaporation, solvent extraction, or air or steam stripping 
operations that manage hazardous wastes with organic concentrations of 
at least 10 ppmw, if these operations are conducted in one of the 
following:
    (1) A unit that is subject to the permitting requirements of 40 CFR 
part 270, or
    (2) A unit (including a hazardous waste recycling unit) that is not 
exempt from permitting under the provisions of 40 CFR 262.34(a) (i.e., 
a hazardous waste recycling unit that is not a 90-day tank or 
container) and that is located at a hazardous waste management facility 
otherwise subject to the permitting requirements of 40 CFR part 270, or
    (3) A unit that is exempt from permitting under the provisions of 
40 CFR 262.34(a) (i.e., a 90-day tank or container).
* * * * *
    8. Section 264.1033 is amended by revising paragraph (f)(2)(vi)(B); 
redesignating paragraphs (l) and (m) as paragraphs (m) and (n) and 
revising the newly designated paragraph (n); by revising paragraph (k); 
and by adding paragraphs (l) and (o) to read as follows:


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

* * * * *
    (f) * * *
    (2) * * *
    (vi) * * *
    (B) A temperature monitoring device equipped with a continuous 
recorder. The device shall be capable of monitoring temperature with an 
accuracy of 1 percent of the temperature being monitored in 
degrees Celsius ( deg.C) or 0.5  deg.C, whichever is 
greater. The temperature sensor shall be installed at a location in the 
exhaust vent stream from the condenser exit (i.e., product side).
* * * * *
    (k) A closed-vent system shall meet either of the following design 
requirements:
    (1) A closed-vent system shall be designed to operate with no 
detectable emissions, as indicated by an instrument reading of less 
than 500 ppmv above background as determined by the procedure in 
Sec. 264.1034(b) of this subpart, and by visual inspections; or
    (2) A closed-vent system shall be designed to operate at a pressure 
below atmospheric pressure. The system shall be equipped with at least 
one pressure gauge or other pressure measurement device that can be 
read from a readily accessible location to verify that negative 
pressure is being maintained in the closed-vent system when the control 
device is operating.
    (l) The owner or operator shall monitor and inspect each closed-
vent system required to comply with this section to ensure proper 
operation and maintenance of the closed-vent system by implementing the 
following requirements:
    (1) Each closed-vent system that is used to comply with paragraph 
(k)(1) of

[[Page 59951]]

this section shall be inspected and monitored in accordance with the 
following requirements:
    (i) An initial leak detection monitoring of the closed-vent system 
shall be conducted by the owner or operator on or before the date that 
the system becomes subject to this section. The owner or operator shall 
monitor the closed-vent system components and connections using the 
procedures specified in Sec. 264.1034(b) of this subpart to demonstrate 
that the closed-vent system operates with no detectable emissions, as 
indicated by an instrument reading of less than 500 ppmv above 
background.
    (ii) After initial leak detection monitoring required in paragraph 
(l)(1)(i) of this section, the owner or operator shall inspect and 
monitor the closed-vent system as follows:
    (A) Closed-vent system joints, seams, or other connections that are 
permanently or semi-permanently sealed (e.g., a welded joint between 
two sections of hard piping or a bolted and gasketed ducting flange) 
shall be visually inspected at least once per year to check for defects 
that could result in air pollutant emissions. The owner or operator 
shall monitor a component or connection using the procedures specified 
in Sec. 264.1034(b) of this subpart to demonstrate that it operates 
with no detectable emissions following any time the component is 
repaired or replaced (e.g., a section of damaged hard piping is 
replaced with new hard piping) or the connection is unsealed (e.g., a 
flange is unbolted).
    (B) Closed-vent system components or connections other than those 
specified in paragraph (l)(1)(ii)(A) of this section shall be monitored 
annually and at other times as requested by the Regional Administrator, 
except as provided for in paragraph (o) of this section, using the 
procedures specified in Sec. 264.1034(b) of this subpart to demonstrate 
that the components or connections operate with no detectable 
emissions.
    (iii) In the event that a defect or leak is detected, the owner or 
operator shall repair the defect or leak in accordance with the 
requirements of paragraph (l)(3) of this section.
    (iv) The owner or operator shall maintain a record of the 
inspection and monitoring in accordance with the requirements specified 
in Sec. 264.1035 of this subpart.
    (2) Each closed-vent system that is used to comply with paragraph 
(k)(2) of this section shall be inspected and monitored in accordance 
with the following requirements:
    (i) The closed-vent system shall be visually inspected by the owner 
or operator to check for defects that could result in air pollutant 
emissions. Defects include, but are not limited to, visible cracks, 
holes, or gaps in ductwork or piping or loose connections.
    (ii) The owner or operator shall perform an initial inspection of 
the closed-vent system on or before the date that the system becomes 
subject to this section. Thereafter, the owner or operator shall 
perform the inspections at least once every year.
    (iii) In the event that a defect or leak is detected, the owner or 
operator shall repair the defect in accordance with the requirements of 
paragraph (l)(3) of this section.
    (iv) The owner or operator shall maintain a record of the 
inspection and monitoring in accordance with the requirements specified 
in Sec. 264.1035 of this subpart.
    (3) The owner or operator shall repair all detected defects as 
follows:
    (i) Detectable emissions, as indicated by visual inspection, or by 
an instrument reading greater than 500 ppmv above background, shall be 
controlled as soon as practicable, but not later than 15 calendar days 
after the emission is detected, except as provided for in paragraph 
(l)(3)(iii) of this section.
    (ii) A first attempt at repair shall be made no later than 5 
calendar days after the emission is detected.
    (iii) Delay of repair of a closed-vent system for which leaks have 
been detected is allowed if the repair is technically infeasible 
without a process unit shutdown, or if the owner or operator determines 
that emissions resulting from immediate repair would be greater than 
the fugitive emissions likely to result from delay of repair. Repair of 
such equipment shall be completed by the end of the next process unit 
shutdown.
    (iv) The owner or operator shall maintain a record of the defect 
repair in accordance with the requirements specified in Sec. 264.1035 
of this subpart.
    (m) Closed-vent systems and control devices used to comply with 
provisions of this subpart shall be operated at all times when 
emissions may be vented to them.
    (n) The owner or operator using a carbon adsorption system to 
control air pollutant emissions shall document that all carbon that is 
a hazardous waste and that is removed from the control device is 
managed in one of the following manners, regardless of the average 
volatile organic concentration of the carbon:
    (1) Regenerated or reactivated in a thermal treatment unit that 
meets one of the following:
    (i) The owner or operator of the unit has been issued a final 
permit under 40 CFR part 270 which implements the requirements of 
subpart X of this part; or
    (ii) The unit is equipped with and operating air emission controls 
in accordance with the applicable requirements of subparts AA and CC of 
either this part or of 40 CFR part 265; or
    (iii) The unit is equipped with and operating air emission controls 
in accordance with a national emission standard for hazardous air 
pollutants under 40 CFR part 61 or 40 CFR part 63.
    (2) Incinerated in a hazardous waste incinerator for which the 
owner or operator either:
    (i) Has been issued a final permit under 40 CFR part 270 which 
implements the requirements of subpart O of this part; or
    (ii) Has designed and operates the incinerator in accordance with 
the interim status requirements of 40 CFR part 265, subpart O.
    (3) Burned in a boiler or industrial furnace for which the owner or 
operator either:
    (i) Has been issued a final permit under 40 CFR part 270 which 
implements the requirements of 40 CFR part 266, subpart H; or
    (ii) Has designed and operates the boiler or industrial furnace in 
accordance with the interim status requirements of 40 CFR part 266, 
subpart H.
    (o) Any components of a closed-vent system that are designated, as 
described in Sec. 264.1035(c)(9) of this subpart, as unsafe to monitor 
are exempt from the requirements of paragraph (l)(1)(ii)(B) of this 
section if:
    (1) The owner or operator of the closed-vent system determines that 
the components of the closed-vent system are unsafe to monitor because 
monitoring personnel would be exposed to an immediate danger as a 
consequence of complying with paragraph (l)(1)(ii)(B) of this section; 
and
    (2) The owner or operator of the closed-vent system adheres to a 
written plan that requires monitoring the closed-vent system components 
using the procedure specified in paragraph (l)(1)(ii)(B) of this 
section as frequently as practicable during safe-to-monitor times.
    9. Section 264.1034 is amended by revising paragraph (b), 
introductory text, to read as follows:


Sec. 264.1034  Test methods and procedures.

* * * * *
    (b) When a closed-vent system is tested for compliance with no 
detectable

[[Page 59952]]

emissions, as required in Sec. 264.1033(l) of this subpart, the test 
shall comply with the following requirements:
* * * * *
    10. Section 264.1035 is amended by adding paragraphs (c)(9) and 
(c)(10) and revising paragraph (d) to read as follows:


Sec. 264.1035  Recordkeeping requirements.

* * * * *
    (c) * * *
    (9) An owner or operator designating any components of a closed-
vent system as unsafe to monitor pursuant to Sec. 264.1033(o) of this 
subpart shall record in a log that is kept in the facility operating 
record the identification of closed-vent system components that are 
designated as unsafe to monitor in accordance with the requirements of 
Sec. 264.1033(o) of this subpart, an explanation for each closed-vent 
system component stating why the closed-vent system component is unsafe 
to monitor, and the plan for monitoring each closed-vent system 
component.
    (10) When each leak is detected as specified in Sec. 264.1033(l) of 
this subpart, the following information shall be recorded:
    (i) The instrument identification number, the closed-vent system 
component identification number, and the operator name, initials, or 
identification number.
    (ii) The date the leak was detected and the date of first attempt 
to repair the leak.
    (iii) The date of successful repair of the leak.
    (iv) Maximum instrument reading measured by Method 21 of 40 CFR 
part 60, appendix A after it is successfully repaired or determined to 
be nonrepairable.
    (v) ``Repair delayed'' and the reason for the delay if a leak is 
not repaired within 15 calendar days after discovery of the leak.
    (A) The owner or operator may develop a written procedure that 
identifies the conditions that justify a delay of repair. In such 
cases, reasons for delay of repair may be documented by citing the 
relevant sections of the written procedure.
    (B) If delay of repair was caused by depletion of stocked parts, 
there must be documentation that the spare parts were sufficiently 
stocked on-site before depletion and the reason for depletion.
    (d) Records of the monitoring, operating, and inspection 
information required by paragraphs (c)(3) through (c)(10) of this 
section shall be maintained by the owner or operator for at least 3 
years following the date of each occurrence, measurement, maintenance, 
corrective action, or record.
* * * * *

Subpart BB--Air Emission Standards for Equipment Leaks

    11. Section 264.1050 is amended by revising paragraph (b), adding 
paragraph (f), and by removing the reference ``262.34'' from the note 
at the end of the section to read as follows:


Sec. 264.1050  Applicability.

* * * * *
    (b) Except as provided in Sec. 264.1064(k), this subpart applies to 
equipment that contains or contacts hazardous wastes with organic 
concentrations of at least 10 percent by weight that are managed in one 
of the following:
    (1) A unit that is subject to the permitting requirements of 40 CFR 
part 270, or
    (2) A unit (including a hazardous waste recycling unit) that is not 
exempt from permitting under the provisions of 40 CFR 262.34(a) (i.e., 
a hazardous waste recycling unit that is not a ``90-day'' tank or 
container) and that is located at a hazardous waste management facility 
otherwise subject to the permitting requirements of 40 CFR part 270, or
    (3) A unit that is exempt from permitting under the provisions of 
40 CFR 262.34(a) (i.e., a ``90-day'' tank or container).
* * * * *
    (f) Equipment that contains or contacts hazardous waste with an 
organic concentration of at least 10 percent by weight for a period of 
less than 300 hours per calendar year is excluded from the requirements 
of Secs. 264.1052 through 264.1060 of this subpart if it is identified 
as required in Sec. 264.1064(g)(6) of this subpart.
    12. Section 264.1055 is revised to read as follows:


Sec. 264.1055  Standards: Sampling connection systems.

    (a) Each sampling connection system shall be equipped with a 
closed-purge, closed-loop, or closed-vent system. This system shall 
collect the sample purge for return to the process or for routing to 
the appropriate treatment system. Gases displaced during filling of the 
sample container are not required to be collected or captured.
    (b) Each closed-purge, closed-loop, or closed-vent system as 
required in paragraph (a) of this section shall meet one of the 
following requirements:
    (1) Return the purged process fluid directly to the process line;
    (2) Collect and recycle the purged process fluid; or
    (3) Be designed and operated to capture and transport all the 
purged process fluid to a waste management unit that complies with the 
applicable requirements of Sec. 264.1084 through Sec. 264.1086 of this 
subpart or a control device that complies with the requirements of 
Sec. 264.1060 of this subpart.
    (c) In-situ sampling systems and sampling systems without purges 
are exempt from the requirements of paragraphs (a) and (b) of this 
section.
    13. Section 264.1058 is amended by adding paragraph (e) to read as 
follows:


Sec. 264.1058  Standards: Pumps and valves in heavy liquid service, 
pressure relief devices in light liquid or heavy liquid service, and 
flanges and other connectors.

* * * * *
    (e) Any connector that is inaccessible or is ceramic or ceramic-
lined (e.g., porcelain, glass, or glass-lined) is exempt from the 
monitoring requirements of paragraph (a) of this section and from the 
recordkeeping requirements of Sec. 264.1064 of this subpart.
    14. Section 264.1064 is amended by adding paragraph (g)(6) to read 
as follows:


Sec. 264.1064  Recordkeeping requirements.

* * * * *
    (g) * * *
    (6) Identification, either by list or location (area or group) of 
equipment that contains or contacts hazardous waste with an organic 
concentration of at least 10 percent by weight for a period of less 
than 300 hours per year.
* * * * *

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

    15. Section 264.1080 is amended by adding paragraphs (b)(7) and 
(b)(8) to read as follows:


Sec. 264.1080  Applicability.

* * * * *
    (b) * * *
    (7) A hazardous waste management unit that the owner or operator 
certifies is equipped with and operating air emission controls in 
accordance with the requirements of an applicable Clean Air Act 
regulation codified under 40 CFR part 60, part 61, or part 63. For the 
purpose of complying with this paragraph, a tank for which the air 
emission control includes an enclosure, as opposed to a cover, must be 
in compliance with the enclosure and control device requirements of

[[Page 59953]]

Sec. 264.1084(i), except as provided in Sec. 264.1082(c)(5).
    (8) A tank that has a process vent as defined in 40 CFR 264.1031.
* * * * *
    16. Section 264.1082 is revised to read as follows:


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 pollutant emissions 
from each waste management unit in accordance with standards specified 
in Sec. 264.1084 through Sec. 264.1087 of this subpart, as applicable 
to the waste management unit, except as provided for in paragraph (c) 
of this section.
    (c) A tank, surface impoundment, or container is exempt from 
standards specified in Sec. 264.1084 through Sec. 264.1087 of this 
subpart, as applicable, provided that the waste management unit is one 
of the following:
    (1) A tank, surface impoundment, or container for which all 
hazardous waste entering the unit has an average VO concentration at 
the point of waste origination of less than 500 parts per million by 
weight (ppmw). The average VO concentration shall be determined using 
the procedures specified in Sec. 264.1083(a) of this subpart. The owner 
or operator shall review and update, as necessary, this determination 
at least once every 12 months following the date of the initial 
determination for the hazardous waste streams entering the unit.
    (2) A tank, surface impoundment, or container for which the organic 
content of all the hazardous waste entering the waste management unit 
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 100 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 equal to or 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 using 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) From the point of waste origination through the point where the 
hazardous waste enters the treatment process, the hazardous waste is 
managed continuously in waste management units which use air emission 
controls in accordance with the standards specified in Sec. 264.1084 
through Sec. 264.1087 of this subpart, as applicable to the waste 
management unit.
    (B) From the point of waste origination through the point where the 
hazardous waste enters the treatment process, any transfer of the 
hazardous waste is accomplished through continuous hard-piping or other 
closed system transfer that does not allow exposure of the waste to the 
atmosphere. The EPA considers a drain system that meets the 
requirements of 40 CFR part 63, subpart RR--National Emission Standards 
for Individual Drain Systems to be a closed system.
    (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 waste streams entering the process or 500 ppmw, 
whichever value is lower. The average VO concentration of each 
individual waste stream at the point of waste origination shall be 
determined using the procedures 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 procedures 
specified in Sec. 264.1083(b) of this subpart.
    (vi) 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 owner or operator certifies that the average VO concentration 
at the point of waste origination for each of the individual waste 
streams entering the process is less than 10,000 ppmw. The organic 
reduction efficiency for the process and the average VO concentration 
of the hazardous waste at the point of waste origination shall be 
determined using the procedures specified in Sec. 264.1083(b) and 
Sec. 264.1083(a) of this subpart, respectively.
    (vii) A hazardous waste incinerator for which the owner or operator 
has either:
    (A) Been issued a final permit under 40 CFR part 270 which 
implements the requirements of subpart O of this part; or
    (B) Has designed and operates the incinerator in accordance with 
the interim status requirements of 40 CFR part 265, subpart O.
    (viii) A boiler or industrial furnace for which the owner or 
operator has either:
    (A) Been issued a final permit under 40 CFR part 270 which 
implements the requirements of 40 CFR part 266, subpart H, or
    (B) Has designed and operates the boiler or industrial furnace in 
accordance with the interim status requirements of 40 CFR part 266, 
subpart H.
    (ix) For the purpose of determining the performance of an organic 
destruction or removal process in accordance with the conditions in 
each of paragraphs (c)(2)(i) through (c)(2)(vi) of this section, the 
owner or operator shall account for VO concentrations

[[Page 59954]]

determined to be below the limit of detection of the analytical method 
by using the following VO concentration:
    (A) If Method 25D in 40 CFR part 60, appendix A is used for the 
analysis, one-half the blank value determined in the method.
    (B) If any other analytical method is used, one-half the limit of 
detection established for the method.
    (3) A tank used for biological treatment of hazardous waste in 
accordance with the requirements of paragraph (c)(2)(iv) of this 
section.
    (4) A tank, surface impoundment, or container for which all 
hazardous waste placed in the unit either:
    (i) Meets the numerical concentration limits for organic hazardous 
constituents, applicable to the hazardous waste, as specified in 40 CFR 
part 268--Land Disposal Restrictions under Table ``Treatment Standards 
for Hazardous Waste'' in 40 CFR 268.40; or
    (ii) Has been treated by the treatment technology established by 
EPA for the waste in 40 CFR 268.42(a), or treated by an equivalent 
method of treatment approved by EPA pursuant to 40 CFR 268.42(b).
    (5) A tank used for bulk feed of hazardous waste to a waste 
incinerator and all of the following conditions are met:
    (i) The tank is located inside an enclosure vented to a control 
device that is designed and operated in accordance with all applicable 
requirements specified under 40 CFR part 61, subpart FF--National 
Emission Standards for Benzene Waste Operations for a facility at which 
the total annual benzene quantity from the facility waste is equal to 
or greater than 10 megagrams per year;
    (ii) The enclosure and control device serving the tank were 
installed and began operation prior to November 25, 1996 and
    (iii) The enclosure is designed and operated in accordance with the 
criteria for a permanent total enclosure as specified in ``Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' under 40 CFR 52.741, appendix B. The enclosure may have 
permanent or temporary openings to allow worker access; passage of 
material into or out of the enclosure by conveyor, vehicles, or other 
mechanical or electrical equipment; or to direct air flow into the 
enclosure. The owner or operator shall perform the verification 
procedure for the enclosure as specified in Section 5.0 to ``Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' annually.
    (d) 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 performing a waste determination pursuant to paragraph 
(d)(1) of this section, the sample preparation and analysis shall be 
conducted as follows:
    (i) In accordance with the method used by the owner or operator to 
perform the waste analysis, except in the case specified in paragraph 
(d)(2)(ii) of this section.
    (ii) If the Regional Administrator determines that the method used 
by the owner or operator was not appropriate for the hazardous waste 
managed in the tank, surface impoundment, or container, then the 
Regional Administrator may choose an appropriate method.
    (3) 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.
    (4) 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 (d)(1) of this section shall be used to establish compliance 
with the requirements of this subpart.
    (5) 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 500 ppmw shall constitute noncompliance with this subpart 
except in a case as provided for in paragraph (d)(5)(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 500 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 500 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.
    17. Section 264.1083 is revised to read as follows:


Sec. 264.1083  Waste determination procedures.

    (a) Waste determination procedure to determine 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 a waste management unit 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 average VO concentration of a hazardous waste at the point 
of waste origination may be determined in accordance with the 
procedures

[[Page 59955]]

specified in 40 CFR 265.1084 (a)(2) through (a)(4).
    (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. 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)(9), 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 a tank using Tank Level 1 
controls in accordance with standards specified in Sec. 264.1084(c) of 
this subpart.
    (2) The maximum organic vapor pressure of the hazardous waste may 
be determined in accordance with the procedures specified in 40 CFR 
265.1084 (c)(2) through (c)(4).
    (d) The procedure for determining no detectable organic emissions 
for the purpose of complying with this subpart shall be conducted in 
accordance with the procedures specified in 40 CFR 265.1084(d).
    18. Section 264.1084 is revised to read as follows:


Sec. 264.1084  Standards: Tanks.

    (a) The provisions of this section apply to the control of air 
pollutant emissions from tanks for which Sec. 264.1082(b) of this 
subpart references the use of this section for such air emission 
control.
    (b) The owner or operator shall control air pollutant emissions 
from each tank subject to this section in accordance with the following 
requirements as applicable:
    (1) For a tank that manages hazardous waste that meets all of the 
conditions specified in paragraphs (b)(1)(i) through (b)(1)(iii) of 
this section, the owner or operator shall control air pollutant 
emissions from the tank in accordance with the Tank Level 1 controls 
specified in paragraph (c) of this section or the Tank Level 2 controls 
specified in paragraph (d) of this section.
    (i) The hazardous waste in the tank has a maximum organic vapor 
pressure which is less than the maximum organic vapor pressure limit 
for the tank's design capacity category as follows:
    (A) For a tank design capacity equal to or greater than 151 m\3\, 
the maximum organic vapor pressure limit for the tank is 5.2 kPa.
    (B) For a tank design capacity equal to or greater than 75 m\3\ but 
less than 151 m\3\, the maximum organic vapor pressure limit for the 
tank is 27.6 kPa.
    (C) For a tank design capacity less than 75 m\3\, the maximum 
organic vapor pressure limit for the tank is 76.6 kPa.
    (ii) The hazardous waste in the tank is not heated by the owner or 
operator to a temperature that is greater than the temperature at which 
the maximum organic vapor pressure of the hazardous waste is determined 
for the purpose of complying with paragraph (b)(1)(i) of this section.
    (iii) The hazardous waste in the tank is not treated by the owner 
or operator using a waste stabilization process, as defined in 40 CFR 
265.1081.
    (2) For a tank that manages hazardous waste that does not meet all 
of the conditions specified in paragraphs (b)(1)(i) through (b)(1)(iii) 
of this section, the owner or operator shall control air pollutant 
emissions from the tank by using Tank Level 2 controls in accordance 
with the requirements of paragraph (d) of this section. Examples of 
tanks required to use Tank Level 2 controls include: A tank used for a 
waste stabilization process; and a tank for which the hazardous waste 
in the tank has a maximum organic vapor pressure that is equal to or 
greater than the maximum organic vapor pressure limit for the tank's 
design capacity category as specified in paragraph (b)(1)(i) of this 
section.
    (c) Owners and operators controlling air pollutant emissions from a 
tank using Tank Level 1 controls shall meet the requirements specified 
in paragraphs (c)(1) through (c)(4) of this section:
    (1) The owner or operator shall determine the maximum organic vapor 
pressure for a hazardous waste to be managed in the tank using Tank 
Level 1 controls before the first time the hazardous waste is placed in 
the tank. The maximum organic vapor pressure shall be determined using 
the procedures specified in Sec. 264.1083(c) of this subpart. 
Thereafter, the owner or operator shall perform a new determination 
whenever changes to the hazardous waste managed in the tank could 
potentially cause the maximum organic vapor pressure to increase to a 
level that is equal to or greater than the maximum organic vapor 
pressure limit for the tank design capacity category specified in 
paragraph (b)(1)(i) of this section, as applicable to the tank.
    (2) The tank shall be equipped with a fixed roof designed to meet 
the following specifications:
    (i) The fixed roof and its closure devices shall be designed to 
form a continuous barrier over the entire surface area of the hazardous 
waste in the tank. The fixed roof may be a separate cover installed on 
the tank (e.g., a removable cover mounted on an open-top tank) or may 
be an integral part of the tank structural design (e.g., a horizontal 
cylindrical tank equipped with a hatch).
    (ii) The fixed roof shall be installed in a manner such that there 
are no visible cracks, holes, gaps, or other open spaces between roof 
section joints or between the interface of the roof edge and the tank 
wall.
    (iii) Each opening in the fixed roof shall be either:
    (A) Equipped with a closure device designed to operate such that 
when the closure device is secured in the closed position there are no 
visible cracks, holes, gaps, or other open spaces in the closure device 
or between the perimeter of the opening and the closure device; or
    (B) Connected by a closed-vent system that is vented to a control 
device. The control device shall remove or destroy organics in the vent 
stream, and it shall be operating whenever hazardous waste is managed 
in the tank.
    (iv) The fixed roof and its closure devices shall be made of 
suitable materials that will minimize exposure of the hazardous waste 
to the atmosphere, to the extent practical, and will maintain the 
integrity of the fixed roof and closure devices throughout their 
intended service life. Factors to be considered when selecting the 
materials for and designing the fixed roof and closure devices shall 
include: Organic vapor permeability, the effects of any contact with 
the hazardous waste or its vapors managed in the tank; the effects of 
outdoor exposure to wind, moisture, and sunlight; and the operating 
practices used for the tank on which the fixed roof is installed.
    (3) Whenever a hazardous waste is in the tank, the fixed roof shall 
be installed with each closure device secured in the closed position 
except as follows:
    (i) Opening of closure devices or removal of the fixed roof is 
allowed at the following times:
    (A) To provide access to the tank for performing routine 
inspection, maintenance, or other activities needed for normal 
operations. Examples of such

[[Page 59956]]

activities include those times when a worker needs to open a port to 
sample the liquid in the tank, or when a worker needs to open a hatch 
to maintain or repair equipment. Following completion of the activity, 
the owner or operator shall promptly secure the closure device in the 
closed position or reinstall the cover, as applicable, to the tank.
    (B) To remove accumulated sludge or other residues from the bottom 
of tank.
    (ii) Opening of a spring-loaded pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which 
vents to the atmosphere is allowed during normal operations for the 
purpose of maintaining the tank internal pressure in accordance with 
the tank design specifications. The device shall be designed to operate 
with no detectable organic emissions when the device is secured in the 
closed position. The settings at which the device opens shall be 
established such that the device remains in the closed position 
whenever the tank internal pressure is within the internal pressure 
operating range determined by the owner or operator based on the tank 
manufacturer recommendations, applicable regulations, fire protection 
and prevention codes, standard engineering codes and practices, or 
other requirements for the safe handling of flammable, ignitable, 
explosive, reactive, or hazardous materials. Examples of normal 
operating conditions that may require these devices to open are during 
those times when the tank internal pressure exceeds the internal 
pressure operating range for the tank as a result of loading operations 
or diurnal ambient temperature fluctuations.
    (iii) Opening of a safety device, as defined in 40 CFR 265.1081, is 
allowed at any time conditions require doing so to avoid an unsafe 
condition.
    (4) The owner or operator shall inspect the air emission control 
equipment in accordance with the following requirements.
    (i) The fixed roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air pollutant emissions. Defects include, but are not limited 
to, visible cracks, holes, or gaps in the roof sections or between the 
roof and the tank wall; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices.
    (ii) The owner or operator shall perform an initial inspection of 
the fixed roof and its closure devices on or before the date that the 
tank becomes subject to this section. Thereafter, the owner or operator 
shall perform the inspections at least once every year except under the 
special conditions provided for in paragraph (l) of this section.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of 
paragraph (k) of this section.
    (iv) The owner or operator shall maintain a record of the 
inspection in accordance with the requirements specified in 
Sec. 264.1089(b) of this subpart.
    (d) Owners and operators controlling air pollutant emissions from a 
tank using Tank Level 2 controls shall use one of the following tanks:
    (1) A fixed-roof tank equipped with an internal floating roof in 
accordance with the requirements specified in paragraph (e) of this 
section;
    (2) A tank equipped with an external floating roof in accordance 
with the requirements specified in paragraph (f) of this section;
    (3) A tank vented through a closed-vent system to a control device 
in accordance with the requirements specified in paragraph (g) of this 
section;
    (4) A pressure tank designed and operated in accordance with the 
requirements specified in paragraph (h) of this section; or
    (5) A tank located inside an enclosure that is vented through a 
closed-vent system to an enclosed combustion control device in 
accordance with the requirements specified in paragraph (i) of this 
section.
    (e) The owner or operator who controls air pollutant emissions from 
a tank using a fixed roof with an internal floating roof shall meet the 
requirements specified in paragraphs (e)(1) through (e)(3) of this 
section.
    (1) The tank shall be equipped with a fixed roof and an internal 
floating roof in accordance with the following requirements:
    (i) The internal floating roof shall be designed to float on the 
liquid surface except when the floating roof must be supported by the 
leg supports.
    (ii) The internal floating roof shall be equipped with a continuous 
seal between the wall of the tank and the floating roof edge that meets 
either of the following requirements:
    (A) A single continuous seal that is either a liquid-mounted seal 
or a metallic shoe seal, as defined in 40 CFR 265.1081; or
    (B) Two continuous seals mounted one above the other. The lower 
seal may be a vapor-mounted seal.
    (iii) The internal floating roof shall meet the following 
specifications:
    (A) 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 liquid surface.
    (B) Each opening in the internal floating roof shall be equipped 
with a gasketed cover or a gasketed lid except for leg sleeves, 
automatic bleeder vents, rim space vents, column wells, ladder wells, 
sample wells, and stub drains.
    (C) Each penetration of the internal floating roof for the purpose 
of sampling shall have a slit fabric cover that covers at least 90 
percent of the opening.
    (D) Each automatic bleeder vent and rim space vent shall be 
gasketed.
    (E) Each penetration of the internal floating roof that allows for 
passage of a ladder shall have a gasketed sliding cover.
    (F) 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.
    (2) The owner or operator shall operate the tank in accordance with 
the following requirements:
    (i) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and 
shall be completed as soon as practical.
    (ii) Automatic bleeder vents are to be set closed at all times when 
the roof is floating, except when the roof is being floated off or is 
being landed on the leg supports.
    (iii) Prior to filling the tank, each cover, access hatch, gauge 
float well or lid on any opening in the internal floating roof shall be 
bolted or fastened closed (i.e., no visible gaps). Rim space vents are 
to be set to open only when the internal floating roof is not floating 
or when the pressure beneath the rim exceeds the manufacturer's 
recommended setting.
    (3) The owner or operator shall inspect the internal floating roof 
in accordance with the procedures specified as follows:
    (i) The floating roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air pollutant emissions. Defects include, but are not limited 
to: The internal floating roof is not floating on the surface of the 
liquid inside the tank; liquid has accumulated on top of the internal 
floating roof; any portion of the roof seals have detached from the 
roof rim; holes, tears, or other openings are visible in the seal 
fabric; the gaskets no longer close off the

[[Page 59957]]

hazardous waste surface from the atmosphere; or the slotted membrane 
has more than 10 percent open area.
    (ii) The owner or operator shall inspect the internal floating roof 
components as follows except as provided in paragraph (e)(3)(iii) of 
this section:
    (A) Visually inspect the internal floating roof components through 
openings on the fixed-roof (e.g., manholes and roof hatches) at least 
once every 12 months after initial fill, and
    (B) Visually inspect the internal floating roof, primary seal, 
secondary seal (if one is in service), gaskets, slotted membranes, and 
sleeve seals (if any) each time the tank is emptied and degassed and at 
least every 10 years.
    (iii) As an alternative to performing the inspections specified in 
paragraph (e)(3)(ii) of this section for an internal floating roof 
equipped with two continuous seals mounted one above the other, the 
owner or operator may visually inspect the internal floating roof, 
primary and secondary seals, gaskets, slotted membranes, and sleeve 
seals (if any) each time the tank is emptied and degassed and at least 
every 5 years.
    (iv) Prior to each inspection required by paragraph (e)(3)(ii) or 
(e)(3)(iii) of this section, the owner or operator shall notify the 
Regional Administrator in advance of each inspection to provide the 
Regional Administrator with the opportunity to have an observer present 
during the inspection. The owner or operator shall notify the Regional 
Administrator of the date and location of the inspection as follows:
    (A) Prior to each visual inspection of an internal floating roof in 
a tank that has been emptied and degassed, written notification shall 
be prepared and sent by the owner or operator so that it is received by 
the Regional Administrator at least 30 calendar days before refilling 
the tank except when an inspection is not planned as provided for in 
paragraph (e)(3)(iv)(B) of this section.
    (B) When a visual inspection is not planned and the owner or 
operator could not have known about the inspection 30 calendar days 
before refilling the tank, the owner or operator shall notify the 
Regional Administrator as soon as possible, but no later than 7 
calendar days before refilling of the tank. This notification may be 
made by telephone and immediately followed by a written explanation for 
why the inspection is unplanned. Alternatively, written notification, 
including the explanation for the unplanned inspection, may be sent so 
that it is received by the Regional Administrator at least 7 calendar 
days before refilling the tank.
    (v) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of 
paragraph (k) of this section.
    (vi) The owner or operator shall maintain a record of the 
inspection in accordance with the requirements specified in 
Sec. 264.1089(b) of this subpart.
    (f) The owner or operator who controls air pollutant emissions from 
a tank using an external floating roof shall meet the requirements 
specified in paragraphs (f)(1) through (f)(3) of this section.
    (1) The owner or operator shall design the external floating roof 
in accordance with the following requirements:
    (i) The external floating roof shall be designed to float on the 
liquid surface except when the floating roof must be supported by the 
leg supports.
    (ii) The floating roof shall be equipped with two continuous seals, 
one above the other, between the wall of the tank and the roof edge. 
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 a liquid-mounted seal or a metallic 
shoe seal, as defined in 40 CFR 265.1081. The total area of the gaps 
between the tank wall and the primary seal shall not exceed 212 square 
centimeters (cm2) per meter of tank diameter, and the width of any 
portion of these gaps shall not exceed 3.8 centimeters (cm). If a 
metallic shoe seal is used for the primary seal, the metallic shoe seal 
shall be designed so that one end extends into the liquid in the tank 
and the other end extends a vertical distance of at least 61 
centimeters above the liquid surface.
    (B) The secondary seal shall be mounted above the primary seal and 
cover the annular space between the floating roof and the wall of the 
tank. The total area of the gaps between the tank wall and the 
secondary seal shall not exceed 21.2 square centimeters (cm2) per 
meter of tank diameter, and the width of any portion of these gaps 
shall not exceed 1.3 centimeters (cm).
    (iii) The external floating roof shall meet the following 
specifications:
    (A) Except for automatic bleeder vents (vacuum breaker vents) and 
rim space vents, each opening in a noncontact external floating roof 
shall provide a projection below the liquid surface.
    (B) Except for automatic bleeder vents, rim space vents, roof 
drains, and leg sleeves, each opening in the roof shall be equipped 
with a gasketed cover, seal, or lid.
    (C) Each access hatch and each gauge float well shall be equipped 
with a cover designed to be bolted or fastened when the cover is 
secured in the closed position.
    (D) Each automatic bleeder vent and each rim space vent shall be 
equipped with a gasket.
    (E) Each roof drain that empties into the liquid managed in the 
tank shall be equipped with a slotted membrane fabric cover that covers 
at least 90 percent of the area of the opening.
    (F) Each unslotted and slotted guide pole well shall be equipped 
with a gasketed sliding cover or a flexible fabric sleeve seal.
    (G) Each unslotted guide pole shall be equipped with a gasketed cap 
on the end of the pole.
    (H) Each slotted guide pole shall be equipped with a gasketed float 
or other device which closes off the liquid surface from the 
atmosphere.
    (I) Each gauge hatch and each sample well shall be equipped with a 
gasketed cover.
    (2) The owner or operator shall operate the tank in accordance with 
the following requirements:
    (i) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and 
shall be completed as soon as practical.
    (ii) Except for automatic bleeder vents, rim space vents, roof 
drains, and leg sleeves, each opening in the roof shall be secured and 
maintained in a closed position at all times except when the closure 
device must be open for access.
    (iii) Covers on each access hatch and each gauge float well shall 
be bolted or fastened when secured in the closed position.
    (iv) Automatic bleeder vents shall be set closed at all times when 
the roof is floating, except when the roof is being floated off or is 
being landed on the leg supports.
    (v) Rim space vents shall be set to open only at those times that 
the roof is being floated off the roof leg supports or when the 
pressure beneath the rim seal exceeds the manufacturer's recommended 
setting.
    (vi) The cap on the end of each unslotted guide pole shall be 
secured in the closed position at all times except when measuring the 
level or collecting samples of the liquid in the tank.
    (vii) The cover on each gauge hatch or sample well shall be secured 
in the closed position at all times except when the hatch or well must 
be opened for access.
    (viii) Both the primary seal and the secondary seal shall 
completely cover

[[Page 59958]]

the annular space between the external floating roof and the wall of 
the tank in a continuous fashion except during inspections.
    (3) The owner or operator shall inspect the external floating roof 
in accordance with the procedures specified as follows:
    (i) The owner or operator shall measure the external floating roof 
seal gaps in accordance with the following requirements:
    (A) The owner or operator shall perform measurements of gaps 
between the tank wall and the primary seal within 60 calendar days 
after initial operation of the tank following installation of the 
floating roof and, thereafter, at least once every 5 years.
    (B) The owner or operator shall perform measurements of gaps 
between the tank wall and the secondary seal within 60 calendar days 
after initial operation of the tank following installation of the 
floating roof and, thereafter, at least once every year.
    (C) If a tank ceases to hold hazardous waste for a period of 1 year 
or more, subsequent introduction of hazardous waste into the tank shall 
be considered an initial operation for the purposes of paragraphs 
(f)(3)(i)(A) and (f)(3)(i)(B) of this section.
    (D) The owner or operator shall determine the total surface area of 
gaps in the primary seal and in the secondary seal individually using 
the following procedure:
    (1) The seal gap measurements shall be performed at one or more 
floating roof levels when the roof is floating off the roof supports.
    (2) Seal gaps, if any, shall be measured around the entire 
perimeter of the floating roof in each place where a 0.32-centimeter 
(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.
    (3) For a seal gap measured under paragraph (f)(3) of this section, 
the gap surface area shall be determined 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.
    (4) The total gap area shall be calculated by adding the gap 
surface areas determined for each identified gap location for the 
primary seal and the secondary seal individually, and then dividing the 
sum for each seal type by the nominal perimeter of the tank. These 
total gap areas for the primary seal and secondary seal are then 
compared to the respective standards for the seal type as specified in 
paragraph (f)(1)(ii) of this section.
    (E) In the event that the seal gap measurements do not conform to 
the specifications in paragraph (f)(1)(ii) of this section, the owner 
or operator shall repair the defect in accordance with the requirements 
of paragraph (k) of this section.
    (F) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 264.1089(b) of 
this subpart.
    (ii) The owner or operator shall visually inspect the external 
floating roof in accordance with the following requirements:
    (A) The floating roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air pollutant emissions. Defects include, but are not limited 
to: Holes, tears, or other openings in the rim seal or seal fabric of 
the floating roof; a rim seal detached from the floating roof; all or a 
portion of the floating roof deck being submerged below the surface of 
the liquid in the tank; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices.
    (B) The owner or operator shall perform an initial inspection of 
the external floating roof and its closure devices on or before the 
date that the tank becomes subject to this section. Thereafter, the 
owner or operator shall perform the inspections at least once every 
year except for the special conditions provided for in paragraph (l) of 
this section.
    (C) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of 
paragraph (k) of this section.
    (D) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 264.1089(b) of 
this subpart.
    (iii) Prior to each inspection required by paragraph (f)(3)(i) or 
(f)(3)(ii) of this subpart, the owner or operator shall notify the 
Regional Administrator in advance of each inspection to provide the 
Regional Administrator with the opportunity to have an observer present 
during the inspection. The owner or operator shall notify the Regional 
Administrator of the date and location of the inspection as follows:
    (A) Prior to each inspection to measure external floating roof seal 
gaps as required under paragraph (f)(3)(i) of this section, written 
notification shall be prepared and sent by the owner or operator so 
that it is received by the Regional Administrator at least 30 calendar 
days before the date the measurements are scheduled to be performed.
    (B) Prior to each visual inspection of an external floating roof in 
a tank that has been emptied and degassed, written notification shall 
be prepared and sent by the owner or operator so that it is received by 
the Regional Administrator at least 30 calendar days before refilling 
the tank except when an inspection is not planned as provided for in 
paragraph (f)(3)(iii)(C) of this section.
    (C) When a visual inspection is not planned and the owner or 
operator could not have known about the inspection 30 calendar days 
before refilling the tank, the owner or operator shall notify the 
Regional Administrator as soon as possible, but no later than 7 
calendar days before refilling of the tank. This notification may be 
made by telephone and immediately followed by a written explanation for 
why the inspection is unplanned. Alternatively, written notification, 
including the explanation for the unplanned inspection, may be sent so 
that it is received by the Regional Administrator at least 7 calendar 
days before refilling the tank.
    (g) The owner or operator who controls air pollutant emissions from 
a tank by venting the tank to a control device shall meet the 
requirements specified in paragraphs (g)(1) through (g)(3) of this 
section.
    (1) The tank shall be covered by a fixed roof and vented directly 
through a closed-vent system to a control device in accordance with the 
following requirements:
    (i) The fixed roof and its closure devices shall be designed to 
form a continuous barrier over the entire surface area of the liquid in 
the tank.
    (ii) Each opening in the fixed roof not vented to the control 
device shall be equipped with a closure device. If the pressure in the 
vapor headspace underneath the fixed roof is less than atmospheric 
pressure when the control device is operating, the closure devices 
shall be designed to operate such that when the closure device is 
secured in the closed position there are no visible cracks, holes, 
gaps, or other open spaces in the closure device or between the 
perimeter of the cover opening and the closure device. If the pressure 
in the vapor headspace underneath the fixed roof is equal to or greater 
than atmospheric pressure when the control device is operating, the 
closure device shall be designed to operate with no detectable organic 
emissions.

[[Page 59959]]

    (iii) The fixed roof and its closure devices shall be made of 
suitable materials that will minimize exposure of the hazardous waste 
to the atmosphere, to the extent practical, and will maintain the 
integrity of the fixed roof and closure devices throughout their 
intended service life. Factors to be considered when selecting the 
materials for and designing the fixed roof and closure devices shall 
include: Organic vapor permeability, the effects of any contact with 
the liquid and its vapor managed in the tank; the effects of outdoor 
exposure to wind, moisture, and sunlight; and the operating practices 
used for the tank on which the fixed roof is installed.
    (iv) The closed-vent system and control device shall be designed 
and operated in accordance with the requirements of Sec. 264.1087 of 
this subpart.
    (2) Whenever a hazardous waste is in the tank, the fixed roof shall 
be installed with each closure device secured in the closed position 
and the vapor headspace underneath the fixed roof vented to the control 
device except as follows:
    (i) Venting to the control device is not required, and opening of 
closure devices or removal of the fixed roof is allowed at the 
following times:
    (A) To provide access to the tank for performing routine 
inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample liquid in the tank, or when a 
worker needs to open a hatch to maintain or repair equipment. Following 
completion of the activity, the owner or operator shall promptly secure 
the closure device in the closed position or reinstall the cover, as 
applicable, to the tank.
    (B) To remove accumulated sludge or other residues from the bottom 
of a tank.
    (ii) Opening of a safety device, as defined in 40 CFR 265.1081, is 
allowed at any time conditions require doing so to avoid an unsafe 
condition.
    (3) The owner or operator shall inspect and monitor the air 
emission control equipment in accordance with the following procedures:
    (i) The fixed roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air pollutant emissions. Defects include, but are not limited 
to, visible cracks, holes, or gaps in the roof sections or between the 
roof and the tank wall; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices.
    (ii) The closed-vent system and control device shall be inspected 
and monitored by the owner or operator in accordance with the 
procedures specified in Sec. 264.1087 of this subpart.
    (iii) The owner or operator shall perform an initial inspection of 
the air emission control equipment on or before the date that the tank 
becomes subject to this section. Thereafter, the owner or operator 
shall perform the inspections at least once every year except for the 
special conditions provided for in paragraph (l) of this section.
    (iv) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of 
paragraph (k) of this section.
    (v) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 264.1089(b) of 
this subpart.
    (h) The owner or operator who controls air pollutant emissions by 
using a pressure tank shall meet the following requirements.
    (1) The tank shall be designed not to vent to the atmosphere as a 
result of compression of the vapor headspace in the tank during filling 
of the tank to its design capacity.
    (2) All tank openings shall be equipped with closure devices 
designed to operate with no detectable organic emissions as determined 
using the procedure specified in Sec. 264.1083(d) of this subpart.
    (3) Whenever a hazardous waste is in the tank, the tank shall be 
operated as a closed system that does not vent to the atmosphere except 
in the event that a safety device, as defined in 40 CFR 265.1081, is 
required to open to avoid an unsafe condition.
    (i) The owner or operator who controls air pollutant emissions by 
using an enclosure vented through a closed-vent system to an enclosed 
combustion control device shall meet the requirements specified in 
paragraphs (i)(1) through (i)(4) of this section.
    (1) The tank shall be located inside an enclosure. The enclosure 
shall be designed and operated in accordance with the criteria for a 
permanent total enclosure as specified in ``Procedure T--Criteria for 
and Verification of a Permanent or Temporary Total Enclosure'' under 40 
CFR 52.741, appendix B. The enclosure may have permanent or temporary 
openings to allow worker access; passage of material into or out of the 
enclosure by conveyor, vehicles, or other mechanical means; entry of 
permanent mechanical or electrical equipment; or direct airflow into 
the enclosure. The owner or operator shall perform the verification 
procedure for the enclosure as specified in Section 5.0 to ``Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' initially when the enclosure is first installed and, 
thereafter, annually.
    (2) The enclosure shall be vented through a closed-vent system to 
an enclosed combustion control device that is designed and operated in 
accordance with the standards for either a vapor incinerator, boiler, 
or process heater specified in Sec. 264.1087 of this subpart.
    (3) Safety devices, as defined in 40 CFR 265.1081, may be installed 
and operated as necessary on any enclosure, closed-vent system, or 
control device used to comply with the requirements of paragraphs 
(i)(1) and (i)(2) of this section.
    (4) The owner or operator shall inspect and monitor the closed-vent 
system and control device as specified in Sec. 264.1087 of this 
subpart.
    (j) The owner or operator shall transfer hazardous waste to a tank 
subject to this section in accordance with the following requirements:
    (1) Transfer of hazardous waste, except as provided in paragraph 
(j)(2) of this section, to the tank from another tank subject to this 
section or from a surface impoundment subject to Sec. 264.1085 of this 
subpart shall be conducted using continuous hard-piping or another 
closed system that does not allow exposure of the hazardous waste to 
the atmosphere. For the purpose of complying with this provision, an 
individual drain system is considered to be a closed system when it 
meets the requirements of 40 CFR part 63, subpart RR--National Emission 
Standards for Individual Drain Systems.
    (2) The requirements of paragraph (j)(1) of this section do not 
apply when transferring a hazardous waste to the tank under any of the 
following conditions:
    (i) The hazardous waste meets the average VO concentration 
conditions specified in Sec. 264.1082(c)(1) of this subpart at the 
point of waste origination.
    (ii) The hazardous waste has been treated by an organic destruction 
or removal process to meet the requirements in Sec. 264.1082(c)(2) of 
this subpart.
    (k) The owner or operator shall repair each defect detected during 
an inspection performed in accordance with the requirements of 
paragraph (c)(4), (e)(3), (f)(3), or (g)(3) of this section as follows:
    (1) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after

[[Page 59960]]

detection, and repair shall be completed as soon as possible but no 
later than 45 calendar days after detection except as provided in 
paragraph (k)(2) of this section.
    (2) Repair of a defect may be delayed beyond 45 calendar days if 
the owner or operator determines that repair of the defect requires 
emptying or temporary removal from service of the tank and no 
alternative tank capacity is available at the site to accept the 
hazardous waste normally managed in the tank. In this case, the owner 
or operator shall repair the defect the next time the process or unit 
that is generating the hazardous waste managed in the tank stops 
operation. Repair of the defect shall be completed before the process 
or unit resumes operation.
    (l) Following the initial inspection and monitoring of the cover as 
required by the applicable provisions of this subpart, subsequent 
inspection and monitoring may be performed at intervals longer than 1 
year under the following special conditions:
    (1) In the case when inspecting or monitoring the cover would 
expose a worker to dangerous, hazardous, or other unsafe conditions, 
then the owner or operator may designate a cover as an ``unsafe to 
inspect and monitor cover'' and comply with all of the following 
requirements:
    (i) Prepare a written explanation for the cover stating the reasons 
why the cover is unsafe to visually inspect or to monitor, if required.
    (ii) Develop and implement a written plan and schedule to inspect 
and monitor the cover, using the procedures specified in the applicable 
section of this subpart, as frequently as practicable during those 
times when a worker can safely access the cover.
    (2) In the case when a tank is buried partially or entirely 
underground, an owner or operator is required to inspect and monitor, 
as required by the applicable provisions of this section, only those 
portions of the tank cover and those connections to the tank (e.g., 
fill ports, access hatches, gauge wells, etc.) that are located on or 
above the ground surface.
    19. Section 264.1085 is revised to read as follows:


Sec. 264.1085  Standards: Surface impoundments.

    (a) The provisions of this section apply to the control of air 
pollutant emissions from surface impoundments for which 
Sec. 264.1082(b) of this subpart references the use of this section for 
such air emission control.
    (b) The owner or operator shall control air pollutant emissions 
from the surface impoundment by installing and operating either of the 
following:
    (1) A floating membrane cover in accordance with the provisions 
specified in paragraph (c) of this section; or
    (2) A cover that is vented through a closed-vent system to a 
control device in accordance with the provisions specified in paragraph 
(d) of this sections.
    (c) The owner or operator who controls air pollutant emissions from 
a surface impoundment using a floating membrane cover shall meet the 
requirements specified in paragraphs (c)(1) through (c)(3) of this 
section.
    (1) The surface impoundment shall be equipped with a floating 
membrane cover designed to meet the following specifications:
    (i) The floating membrane cover shall be designed to float on the 
liquid surface during normal operations and form a continuous barrier 
over the entire surface area of the liquid.
    (ii) The cover shall be fabricated from a synthetic membrane 
material that is either:
    (A) High density polyethylene (HDPE) with a thickness no less than 
2.5 millimeters (mm); or
    (B) A material or a composite of different materials determined to 
have both organic permeability properties that are equivalent to those 
of the material listed in paragraph (c)(1)(ii)(A) of this section and 
chemical and physical properties that maintain the material integrity 
for the intended service life of the material.
    (iii) The cover shall be installed in a manner such that there are 
no visible cracks, holes, gaps, or other open spaces between cover 
section seams or between the interface of the cover edge and its 
foundation mountings.
    (iv) Except as provided for in paragraph (c)(1)(v) of this section, 
each opening in the floating membrane cover shall be equipped with a 
closure device designed to operate such that when the closure device is 
secured in the closed position there are no visible cracks, holes, 
gaps, or other open spaces in the closure device or between the 
perimeter of the cover opening and the closure device.
    (v) The floating membrane cover may be equipped with one or more 
emergency cover drains for removal of stormwater. Each emergency cover 
drain shall be equipped with a slotted membrane fabric cover that 
covers at least 90 percent of the area of the opening or a flexible 
fabric sleeve seal.
    (vi) The closure devices shall be made of suitable materials that 
will minimize exposure of the hazardous waste to the atmosphere, to the 
extent practical, and will maintain the integrity of the closure 
devices throughout their intended service life. Factors to be 
considered when selecting the materials of construction and designing 
the cover and closure devices shall include: Organic vapor 
permeability; the effects of any contact with the liquid and its vapor 
managed in the surface impoundment; the effects of outdoor exposure to 
wind, moisture, and sunlight; and the operating practices used for the 
surface impoundment on which the floating membrane cover is installed.
    (2) Whenever a hazardous waste is in the surface impoundment, the 
floating membrane cover shall float on the liquid and each closure 
device shall be secured in the closed position except as follows:
    (i) Opening of closure devices or removal of the cover is allowed 
at the following times:
    (A) To provide access to the surface impoundment for performing 
routine inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample the liquid in the surface 
impoundment, or when a worker needs to open a hatch to maintain or 
repair equipment. Following completion of the activity, the owner or 
operator shall promptly replace the cover and secure the closure device 
in the closed position, as applicable.
    (B) To remove accumulated sludge or other residues from the bottom 
of surface impoundment.
    (ii) Opening of a safety device, as defined in 40 CFR 265.1081, is 
allowed at any time conditions require doing so to avoid an unsafe 
condition.
    (3) The owner or operator shall inspect the floating membrane cover 
in accordance with the following procedures:
    (i) The floating membrane cover and its closure devices shall be 
visually inspected by the owner or operator to check for defects that 
could result in air pollutant emissions. Defects include, but are not 
limited to, visible cracks, holes, or gaps in the cover section seams 
or between the interface of the cover edge and its foundation 
mountings; broken, cracked, or otherwise damaged seals or gaskets on 
closure devices; and broken or missing hatches, access covers, caps, or 
other closure devices.
    (ii) The owner or operator shall perform an initial inspection of 
the floating membrane cover and its closure devices on or before the 
date that the surface impoundment becomes subject to this section. 
Thereafter, the owner or

[[Page 59961]]

operator shall perform the inspections at least once every year except 
for the special conditions provided for in paragraph (g) of this 
section.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of 
paragraph (f) of this section.
    (iv) The owner or operator shall maintain a record of the 
inspection in accordance with the requirements specified in 
Sec. 264.1089(c) of this subpart.
    (d) The owner or operator who controls air pollutant emissions from 
a surface impoundment using a cover vented to a control device shall 
meet the requirements specified in paragraphs (d)(1) through (d)(3) of 
this section.
    (1) The surface impoundment shall be covered by a cover and vented 
directly through a closed-vent system to a control device in accordance 
with the following requirements:
    (i) The cover and its closure devices shall be designed to form a 
continuous barrier over the entire surface area of the liquid in the 
surface impoundment.
    (ii) Each opening in the cover not vented to the control device 
shall be equipped with a closure device. If the pressure in the vapor 
headspace underneath the cover is less than atmospheric pressure when 
the control device is operating, the closure devices shall be designed 
to operate such that when the closure device is secured in the closed 
position there are no visible cracks, holes, gaps, or other open spaces 
in the closure device or between the perimeter of the cover opening and 
the closure device. If the pressure in the vapor headspace underneath 
the cover is equal to or greater than atmospheric pressure when the 
control device is operating, the closure device shall be designed to 
operate with no detectable organic emissions using the procedure 
specified in Sec. 264.1083(d) of this subpart.
    (iii) The cover and its closure devices shall be made of suitable 
materials that will minimize exposure of the hazardous waste to the 
atmosphere, to the extent practical, and will maintain the integrity of 
the cover and closure devices throughout their intended service life. 
Factors to be considered when selecting the materials for and designing 
the cover and closure devices shall include: Organic vapor 
permeability; the effects of any contact with the liquid or its vapors 
managed in the surface impoundment; the effects of outdoor exposure to 
wind, moisture, and sunlight; and the operating practices used for the 
surface impoundment on which the cover is installed.
    (iv) The closed-vent system and control device shall be designed 
and operated in accordance with the requirements of Sec. 264.1087 of 
this subpart.
    (2) Whenever a hazardous waste is in the surface impoundment, the 
cover shall be installed with each closure device secured in the closed 
position and the vapor headspace underneath the cover vented to the 
control device except as follows:
    (i) Venting to the control device is not required, and opening of 
closure devices or removal of the cover is allowed at the following 
times:
    (A) To provide access to the surface impoundment for performing 
routine inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample liquid in the surface 
impoundment, or when a worker needs to open a hatch to maintain or 
repair equipment. Following completion of the activity, the owner or 
operator shall promptly secure the closure device in the closed 
position or reinstall the cover, as applicable, to the surface 
impoundment.
    (B) To remove accumulated sludge or other residues from the bottom 
of surface impoundment.
    (ii) Opening of a safety device, as defined in 40 CFR 265.1081, is 
allowed at any time conditions require doing so to avoid an unsafe 
condition.
    (3) The owner or operator shall inspect and monitor the air 
emission control equipment in accordance with the following procedures:
    (i) The surface impoundment cover and its closure devices shall be 
visually inspected by the owner or operator to check for defects that 
could result in air pollutant emissions. Defects include, but are not 
limited to, visible cracks, holes, or gaps in the cover section seams 
or between the interface of the cover edge and its foundation 
mountings; broken, cracked, or otherwise damaged seals or gaskets on 
closure devices; and broken or missing hatches, access covers, caps, or 
other closure devices.
    (ii) The closed-vent system and control device shall be inspected 
and monitored by the owner or operator in accordance with the 
procedures specified in Sec. 264.1087 of this subpart.
    (iii) The owner or operator shall perform an initial inspection of 
the air emission control equipment on or before the date that the 
surface impoundment becomes subject to this section. Thereafter, the 
owner or operator shall perform the inspections at least once every 
year except for the special conditions provided for in paragraph (g) of 
this section.
    (iv) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of 
paragraph (f) of this section.
    (v) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 264.1089(c) of 
this subpart.
    (e) The owner or operator shall transfer hazardous waste to a 
surface impoundment subject to this section in accordance with the 
following requirements:
    (1) Transfer of hazardous waste, except as provided in paragraph 
(e)(2) of this section, to the surface impoundment from another surface 
impoundment subject to this section or from a tank subject to 
Sec. 264.1084 of this subpart shall be conducted using continuous hard-
piping or another closed system that does not allow exposure of the 
waste to the atmosphere. For the purpose of complying with this 
provision, an individual drain system is considered to be a closed 
system when it meets the requirements of 40 CFR part 63, subpart RR--
National Emission Standards for Individual Drain Systems.
    (2) The requirements of paragraph (e)(1) of this section do not 
apply when transferring a hazardous waste to the surface impoundment 
under either of the following conditions:
    (i) The hazardous waste meets the average VO concentration 
conditions specified in Sec. 264.1082(c)(1) of this subpart at the 
point of waste origination.
    (ii) The hazardous waste has been treated by an organic destruction 
or removal process to meet the requirements in Sec. 264.1082(c)(2) of 
this subpart.
    (f) The owner or operator shall repair each defect detected during 
an inspection performed in accordance with the requirements of 
paragraph (c)(3) or (d)(3) of this section as follows:
    (1) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection and repair shall 
be completed as soon as possible but no later than 45 calendar days 
after detection except as provided in paragraph (f)(2) of this section.
    (2) Repair of a defect may be delayed beyond 45 calendar days if 
the owner or operator determines that repair of the defect requires 
emptying or temporary removal from service of the surface impoundment 
and no alternative capacity is available at the site to accept

[[Page 59962]]

the hazardous waste normally managed in the surface impoundment. In 
this case, the owner or operator shall repair the defect the next time 
the process or unit that is generating the hazardous waste managed in 
the surface impoundment stops operation. Repair of the defect shall be 
completed before the process or unit resumes operation.
    (g) Following the initial inspection and monitoring of the cover as 
required by the applicable provisions of this subpart, subsequent 
inspection and monitoring may be performed at intervals longer than 1 
year in the case when inspecting or monitoring the cover would expose a 
worker to dangerous, hazardous, or other unsafe conditions. In this 
case, the owner or operator may designate the cover as an ``unsafe to 
inspect and monitor cover'' and comply with all of the following 
requirements:
    (1) Prepare a written explanation for the cover stating the reasons 
why the cover is unsafe to visually inspect or to monitor, if required.
    (2) Develop and implement a written plan and schedule to inspect 
and monitor the cover using the procedures specified in the applicable 
section of this subpart as frequently as practicable during those times 
when a worker can safely access the cover.
    20. Section 264.1086 is revised to read as follows:


Sec. 264.1086  Standards: Containers.

    (a) The provisions of this section apply to the control of air 
pollutant emissions from containers for which Sec. 264.1082(b) of this 
subpart references the use of this section for such air emission 
control.
    (b) General requirements.
    (1) The owner or operator shall control air pollutant emissions 
from each container subject to this section in accordance with the 
following requirements, as applicable to the container, except when the 
special provisions for waste stabilization processes specified in 
paragraph (b)(2) of this section apply to the container.
    (i) For a container having a design capacity greater than 0.1 m\3\ 
and less than or equal to 0.46 m\3\, the owner or operator shall 
control air pollutant emissions from the container in accordance with 
the Container Level 1 standards specified in paragraph (c) of this 
section.
    (ii) For a container having a design capacity greater than 0.46 
m\3\ that is not in light material service, the owner or operator shall 
control air pollutant emissions from the container in accordance with 
the Container Level 1 standards specified in paragraph (c) of this 
section.
    (iii) For a container having a design capacity greater than 0.46 
m\3\ that is in light material service, the owner or operator shall 
control air pollutant emissions from the container in accordance with 
the Container Level 2 standards specified in paragraph (d) of this 
section.
    (2) When a container having a design capacity greater than 0.1 
m3 is used for treatment of a hazardous waste by a waste 
stabilization process, the owner or operator shall control air 
pollutant emissions from the container in accordance with the Container 
Level 3 standards specified in paragraph (e) of this section at those 
times during the waste stabilization process when the hazardous waste 
in the container is exposed to the atmosphere.
    (c) Container Level 1 standards.
    (1) A container using Container Level 1 controls is one of the 
following:
    (i) A container that meets the applicable U.S. Department of 
Transportation (DOT) regulations on packaging hazardous materials for 
transportation as specified in paragraph (f) of this section.
    (ii) A container equipped with a cover and closure devices that 
form a continuous barrier over the container openings such that when 
the cover and closure devices are secured in the closed position there 
are no visible holes, gaps, or other open spaces into the interior of 
the container. The cover may be a separate cover installed on the 
container (e.g., a lid on a drum or a suitably secured tarp on a roll-
off box) or may be an integral part of the container structural design 
(e.g., a ``portable tank'' or bulk cargo container equipped with a 
screw-type cap).
    (iii) An open-top container in which an organic-vapor suppressing 
barrier is placed on or over the hazardous waste in the container such 
that no hazardous waste is exposed to the atmosphere. One example of 
such a barrier is application of a suitable organic-vapor suppressing 
foam.
    (2) A container used to meet the requirements of paragraph 
(c)(1)(ii) or (c)(1)(iii) of this section shall be equipped with covers 
and closure devices, as applicable to the container, that are composed 
of suitable materials to minimize exposure of the hazardous waste to 
the atmosphere and to maintain the equipment integrity for as long as 
it is in service. Factors to be considered in selecting the materials 
of construction and designing the cover and closure devices shall 
include: Organic vapor permeability, the effects of contact with the 
hazardous waste or its vapor managed in the container; the effects of 
outdoor exposure of the closure device or cover material to wind, 
moisture, and sunlight; and the operating practices for which the 
container is intended to be used.
    (3) Whenever a hazardous waste is in a container using Container 
Level 1 controls, the owner or operator shall install all covers and 
closure devices for the container, as applicable to the container, and 
secure and maintain each closure device in the closed position except 
as follows:
    (i) Opening of a closure device or cover is allowed for the purpose 
of adding hazardous waste or other material to the container as 
follows:
    (A) In the case when the container is filled to the intended final 
level in one continuous operation, the owner or operator shall promptly 
secure the closure devices in the closed position and install the 
covers, as applicable to the container, upon conclusion of the filling 
operation.
    (B) In the case when discrete quantities or batches of material 
intermittently are added to the container over a period of time, the 
owner or operator shall promptly secure the closure devices in the 
closed position and install covers, as applicable to the container, 
upon either the container being filled to the intended final level; the 
completion of a batch loading after which no additional material will 
be added to the container within 15 minutes; the person performing the 
loading operation leaving the immediate vicinity of the container; or 
the shutdown of the process generating the material being added to the 
container, whichever condition occurs first.
    (ii) Opening of a closure device or cover is allowed for the 
purpose of removing hazardous waste from the container as follows:
    (A) For the purpose of meeting the requirements of this section, an 
empty container as defined in 40 CFR 261.7(b) may be open to the 
atmosphere at any time (i.e., covers and closure devices are not 
required to be secured in the closed position on an empty container).
    (B) In the case when discrete quantities or batches of material are 
removed from the container but the container does not meet the 
conditions to be an empty container as defined in 40 CFR 261.7(b), the 
owner or operator shall promptly secure the closure devices in the 
closed position and install covers, as applicable to the container, 
upon the completion of a batch removal after which no additional 
material will be removed from the container within 15 minutes or the 
person performing the unloading

[[Page 59963]]

operation leaves the immediate vicinity of the container, whichever 
condition occurs first.
    (iii) Opening of a closure device or cover is allowed when access 
inside the container is needed to perform routine activities other than 
transfer of hazardous waste. Examples of such activities include those 
times when a worker needs to open a port to measure the depth of or 
sample the material in the container, or when a worker needs to open a 
manhole hatch to access equipment inside the container. Following 
completion of the activity, the owner or operator shall promptly secure 
the closure device in the closed position or reinstall the cover, as 
applicable to the container.
    (iv) Opening of a spring-loaded pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which 
vents to the atmosphere is allowed during normal operations for the 
purpose of maintaining the internal pressure of the container in 
accordance with the container design specifications. The device shall 
be designed to operate with no detectable organic emissions when the 
device is secured in the closed position. The settings at which the 
device opens shall be established such that the device remains in the 
closed position whenever the internal pressure of the container is 
within the internal pressure operating range determined by the owner or 
operator based on container manufacturer recommendations, applicable 
regulations, fire protection and prevention codes, standard engineering 
codes and practices, or other requirements for the safe handling of 
flammable, ignitable, explosive, reactive, or hazardous materials. 
Examples of normal operating conditions that may require these devices 
to open are during those times when the internal pressure of the 
container exceeds the internal pressure operating range for the 
container as a result of loading operations or diurnal ambient 
temperature fluctuations.
    (v) Opening of a safety device, as defined in 40 CFR 265.1081, is 
allowed at any time conditions require doing so to avoid an unsafe 
condition.
    (4) The owner or operator of containers using Container Level 1 
controls shall inspect the containers and their covers and closure 
devices as follows:
    (i) In the case when a hazardous waste already is in the container 
at the time the owner or operator first accepts possession of the 
container at the facility and the container is not emptied (i.e., does 
not meet the conditions for an empty container as specified in 40 CFR 
261.7(b)) within 24 hours after the container is accepted at the 
facility, the owner or operator shall visually inspect the container 
and its cover and closure devices to check for visible cracks, holes, 
gaps, or other open spaces into the interior of the container when the 
cover and closure devices are secured in the closed position. If a 
defect is detected, the owner or operator shall repair the defect in 
accordance with the requirements of paragraph (c)(4)(iii) of this 
section.
    (ii) In the case when a container used for managing hazardous waste 
remains at the facility for a period of 1 year or more, the owner or 
operator shall visually inspect the container and its cover and closure 
devices initially and thereafter, at least once every 12 months, to 
check for visible cracks, holes, gaps, or other open spaces into the 
interior of the container when the cover and closure devices are 
secured in the closed position. If a defect is detected, the owner or 
operator shall repair the defect in accordance with the requirements of 
paragraph (c)(4)(iii) of this section.
    (iii) When a defect is detected for the container, cover, or 
closure devices, the owner or operator shall make first efforts at 
repair of the defect no later than 24 hours after detection and repair 
shall be completed as soon as possible but no later than 5 calendar 
days after detection. If repair of a defect cannot be completed within 
5 calendar days, then the hazardous waste shall be removed from the 
container and the container shall not be used to manage hazardous waste 
until the defect is repaired.
    (5) The owner or operator shall maintain at the facility a copy of 
the procedure used to determine that containers with capacity of 0.46 
m3 or greater, which do not meet applicable DOT regulations as 
specified in paragraph (f) of this section, are not managing hazardous 
waste in light material service.
    (d) Container Level 2 standards.
    (1) A container using Container Level 2 controls is one of the 
following:
    (i) A container that meets the applicable U.S. Department of 
Transportation (DOT) regulations on packaging hazardous materials for 
transportation as specified in paragraph (f) of this section.
    (ii) A container that operates with no detectable organic emissions 
as defined in 40 CFR 265.1081 and determined in accordance with the 
procedure specified in paragraph (g) of this section.
    (iii) A container that has been demonstrated within the preceding 
12 months to be vapor-tight by using 40 CFR part 60, appendix A, Method 
27 in accordance with the procedure specified in paragraph (h) of this 
section.
    (2) Transfer of hazardous waste in or out of a container using 
Container Level 2 controls shall be conducted in such a manner as to 
minimize exposure of the hazardous waste to the atmosphere, to the 
extent practical, considering the physical properties of the hazardous 
waste and good engineering and safety practices for handling flammable, 
ignitable, explosive, reactive, or other hazardous materials. Examples 
of container loading procedures that the EPA considers to meet the 
requirements of this paragraph include using any one of the following: 
a submerged-fill pipe or other submerged-fill method to load liquids 
into the container; a vapor-balancing system or a vapor-recovery system 
to collect and control the vapors displaced from the container during 
filling operations; or a fitted opening in the top of a container 
through which the hazardous waste is filled and subsequently purging 
the transfer line before removing it from the container opening.
    (3) Whenever a hazardous waste is in a container using Container 
Level 2 controls, the owner or operator shall install all covers and 
closure devices for the container, and secure and maintain each closure 
device in the closed position except as follows:
    (i) Opening of a closure device or cover is allowed for the purpose 
of adding hazardous waste or other material to the container as 
follows:
    (A) In the case when the container is filled to the intended final 
level in one continuous operation, the owner or operator shall promptly 
secure the closure devices in the closed position and install the 
covers, as applicable to the container, upon conclusion of the filling 
operation.
    (B) In the case when discrete quantities or batches of material 
intermittently are added to the container over a period of time, the 
owner or operator shall promptly secure the closure devices in the 
closed position and install covers, as applicable to the container, 
upon either the container being filled to the intended final level; the 
completion of a batch loading after which no additional material will 
be added to the container within 15 minutes; the person performing the 
loading operation leaving the immediate vicinity of the container; or 
the shutdown of the process generating the material being added to the 
container, whichever condition occurs first.
    (ii) Opening of a closure device or cover is allowed for the 
purpose of

[[Page 59964]]

removing hazardous waste from the container as follows:
    (A) For the purpose of meeting the requirements of this section, an 
empty container as defined in 40 CFR 261.7(b) may be open to the 
atmosphere at any time (i.e., covers and closure devices are not 
required to be secured in the closed position on an empty container).
    (B) In the case when discrete quantities or batches of material are 
removed from the container but the container does not meet the 
conditions to be an empty container as defined in 40 CFR 261.7(b), the 
owner or operator shall promptly secure the closure devices in the 
closed position and install covers, as applicable to the container, 
upon the completion of a batch removal after which no additional 
material will be removed from the container within 15 minutes or the 
person performing the unloading operation leaves the immediate vicinity 
of the container, whichever condition occurs first.
    (iii) Opening of a closure device or cover is allowed when access 
inside the container is needed to perform routine activities other than 
transfer of hazardous waste.
    Examples of such activities include those times when a worker needs 
to open a port to measure the depth of or sample the material in the 
container, or when a worker needs to open a manhole hatch to access 
equipment inside the container. Following completion of the activity, 
the owner or operator shall promptly secure the closure device in the 
closed position or reinstall the cover, as applicable to the container.
    (iv) Opening of a spring-loaded, pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which 
vents to the atmosphere is allowed during normal operations for the 
purpose of maintaining the internal pressure of the container in 
accordance with the container design specifications. The device shall 
be designed to operate with no detectable organic emission when the 
device is secured in the closed position. The settings at which the 
device opens shall be established such that the device remains in the 
closed position whenever the internal pressure of the container is 
within the internal pressure operating range determined by the owner or 
operator based on container manufacturer recommendations, applicable 
regulations, fire protection and prevention codes, standard engineering 
codes and practices, or other requirements for the safe handling of 
flammable, ignitable, explosive, reactive, or hazardous materials. 
Examples of normal operating conditions that may require these devices 
to open are during those times when the internal pressure of the 
container exceeds the internal pressure operating range for the 
container as a result of loading operations or diurnal ambient 
temperature fluctuations.
    (v) Opening of a safety device, as defined in 40 CFR 265.1081, is 
allowed at any time conditions require doing so to avoid an unsafe 
condition.
    (4) The owner or operator of containers using Container Level 2 
controls shall inspect the containers and their covers and closure 
devices as follows:
    (i) In the case when a hazardous waste already is in the container 
at the time the owner or operator first accepts possession of the 
container at the facility and the container is not emptied (i.e., does 
not meet the conditions for an empty container as specified in 40 CFR 
261.7(b)) within 24 hours after the container arrives at the facility, 
the owner or operator shall visually inspect the container and its 
cover and closure devices to check for visible cracks, holes, gaps, or 
other open spaces into the interior of the container when the cover and 
closure devices are secured in the closed position. If a defect is 
detected, the owner or operator shall repair the defect in accordance 
with the requirements of paragraph (d)(4)(iii) of this section.
    (ii) In the case when a container used for managing hazardous waste 
remains at the facility for a period of 1 year or more, the owner or 
operator shall visually inspect the container and its cover and closure 
devices initially and thereafter, at least once every 12 months, to 
check for visible cracks, holes, gaps, or other open spaces into the 
interior of the container when the cover and closure devices are 
secured in the closed position. If a defect is detected, the owner or 
operator shall repair the defect in accordance with the requirements of 
paragraph (d)(4)(iii) of this section.
    (iii) When a defect is detected for the container, cover, or 
closure devices, the owner or operator shall make first efforts at 
repair of the defect no later than 24 hours after detection, and repair 
shall be completed as soon as possible but no later than 5 calendar 
days after detection. If repair of a defect cannot be completed within 
5 calendar days, then the hazardous waste shall be removed from the 
container and the container shall not be used to manage hazardous waste 
until the defect is repaired.
    (e) Container Level 3 standards.
    (1) A container using Container Level 3 controls is one of the 
following:
    (i) A container that is vented directly through a closed-vent 
system to a control device in accordance with the requirements of 
paragraph (e)(2)(ii) of this section.
    (ii) A container that is vented inside an enclosure which is 
exhausted through a closed-vent system to a control device in 
accordance with the requirements of paragraphs (e)(2)(i) and (e)(2)(ii) 
of this section.
    (2) The owner or operator shall meet the following requirements, as 
applicable to the type of air emission control equipment selected by 
the owner or operator:
    (i) The container enclosure shall be designed and operated in 
accordance with the criteria for a permanent total enclosure as 
specified in ``Procedure T--Criteria for and Verification of a 
Permanent or Temporary Total Enclosure'' under 40 CFR 52.741, appendix 
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 direct airflow into the enclosure. The owner or operator 
shall perform the verification procedure for the enclosure as specified 
in Section 5.0 to ``Procedure T--Criteria for and Verification of a 
Permanent or Temporary Total Enclosure'' initially when the enclosure 
is first installed and, thereafter, annually.
    (ii) 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) Safety devices, as defined in 40 CFR 265.1081, may be installed 
and operated as necessary on any container, enclosure, closed-vent 
system, or control device used to comply with the requirements of 
paragraph (e)(1) of this section.
    (4) Owners and operators using Container Level 3 controls in 
accordance with the provisions of this subpart shall inspect and 
monitor the closed-vent systems and control devices as specified in 
Sec. 264.1087 of this subpart.
    (5) Owners and operators that use Container Level 3 controls in 
accordance with the provisions of this subpart shall prepare and 
maintain the records specified in Sec. 264.1089(d) of this subpart.
    (f) For the purpose of compliance with paragraph (c)(1)(i) or 
(d)(1)(i) of this section, containers shall be used that meet the 
applicable U.S. Department of Transportation (DOT)

[[Page 59965]]

regulations on packaging hazardous materials for transportation as 
follows:
    (1) The container meets the applicable requirements specified in 49 
CFR part 178--Specifications for Packaging or 49 CFR part 179--
Specifications for Tank Cars.
    (2) Hazardous waste is managed in the container in accordance with 
the applicable requirements specified in 49 CFR part 107, subpart B--
Exemptions; 49 CFR part 172--Hazardous Materials Table, Special 
Provisions, Hazardous Materials Communications, Emergency Response 
Information, and Training Requirements; 49 CFR part 173--Shippers--
General Requirements for Shipments and Packages; and 49 CFR part 180--
Continuing Qualification and Maintenance of Packagings.
    (3) For the purpose of complying with this subpart, no exceptions 
to the 49 CFR part 178 or part 179 regulations are allowed except as 
provided for in paragraph (f)(4) of this section.
    (4) For a lab pack that is managed in accordance with the 
requirements of 49 CFR part 178 for the purpose of complying with this 
subpart, an owner or operator may comply with the exceptions for 
combination packagings specified in 49 CFR 173.12(b).
    (g) The owner or operator shall use the procedure specified in 
Sec. 264.1083(d) of this subpart for determining a container operates 
with no detectable organic emissions for the purpose of complying with 
paragraph (d)(1)(ii) of this section.
    (1) Each potential leak interface (i.e., a location where organic 
vapor leakage could occur) on the container, its cover, and associated 
closure devices, as applicable to the container, shall be checked. 
Potential leak interfaces that are associated with containers include, 
but are not limited to: The interface of the cover rim and the 
container wall; the periphery of any opening on the container or 
container cover and its associated closure device; and the sealing seat 
interface on a spring-loaded pressure-relief valve.
    (2) The test shall be performed when the container is filled with a 
material having a volatile organic concentration representative of the 
range of volatile organic concentrations for the hazardous wastes 
expected to be managed in this type of container. During the test, the 
container cover and closure devices shall be secured in the closed 
position.
    (h) Procedure for determining a container to be vapor-tight using 
Method 27 of 40 CFR part 60, appendix A for the purpose of complying 
with paragraph (d)(1)(iii) of this section.
    (1) The test shall be performed in accordance with Method 27 of 40 
CFR part 60, appendix A of this chapter.
    (2) A pressure measurement device shall be used that has a 
precision of  2.5 mm water and that is capable of measuring 
above the pressure at which the container is to be tested for vapor 
tightness.
    (3) If the test results determined by Method 27 indicate that the 
container sustains a pressure change less than or equal to 750 Pascals 
within 5 minutes after it is pressurized to a minimum of 4,500 Pascals, 
then the container is determined to be vapor-tight.
    21. Section 264.1087 is amended by revising paragraph (b)(3), 
adding paragraph (b)(4), revising paragraphs (c)(2), (c)(3)(ii), and 
(c)(5)(i) (D)-(E), and adding paragraph (c)(7) to read as follows:


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

* * * * *
    (b) * * *
    (3) In the case when the closed-vent system includes bypass devices 
that could be used to divert the gas or vapor stream to the atmosphere 
before entering the control device, each bypass device shall be 
equipped with either a flow indicator as specified in paragraph 
(b)(3)(i) of this section or a seal or locking device as specified in 
paragraph (b)(3)(ii) of this section. For the purpose of complying with 
this paragraph, low leg drains, high point bleeds, analyzer vents, 
open-ended valves or lines, spring loaded pressure relief valves, and 
other fittings used for safety purposes are not considered to be bypass 
devices.
    (i) If a flow indicator is used to comply with paragraph (b)(3) of 
this section, the indicator shall be installed at the inlet to the 
bypass line used to divert gases and vapors from the closed-vent system 
to the atmosphere at a point upstream of the control device inlet. For 
this paragraph, a flow indicator means a device which indicates the 
presence of either gas or vapor flow in the bypass line.
    (ii) If a seal or locking device is used to comply with paragraph 
(b)(3) of this section, the device shall be placed on the mechanism by 
which the bypass device position is controlled (e.g., valve handle, 
damper lever) when the bypass device is in the closed position such 
that the bypass device cannot be opened without breaking the seal or 
removing the lock. Examples of such devices include, but are not 
limited to, a car-seal or a lock-and-key configuration valve. The owner 
or operator shall visually inspect the seal or closure mechanism at 
least once every month to verify that the bypass mechanism is 
maintained in the closed position.
    (4) The closed-vent system shall be inspected and monitored by the 
owner or operator in accordance with the procedure specified in 
Sec. 264.1033(l).
    (c) * * *
    (2) The owner or operator who elects to use a closed-vent system 
and control device to comply with the requirements of this section 
shall comply with the requirements specified in paragraphs (c)(2)(i) 
through (c)(2)(vi) of this section.
    (i) Periods of planned routine maintenance of the control device, 
during which the control device does not meet the specifications of 
paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this section, as 
applicable, shall not exceed 240 hours per year.
    (ii) The specifications and requirements in paragraphs (c)(1)(i), 
(c)(1)(ii), and (c)(1)(iii) of this section for control devices do not 
apply during periods of planned routine maintenance.
    (iii) The specifications and requirements in paragraphs (c)(1)(i), 
(c)(1)(ii), and (c)(1)(iii) of this section for control devices do not 
apply during a control device system malfunction.
    (iv) The owner or operator shall demonstrate compliance with the 
requirements of paragraph (c)(2)(i) of this section (i.e., planned 
routine maintenance of a control device, during which the control 
device does not meet the specifications of paragraphs (c)(1)(i), 
(c)(1)(ii), or (c)(1)(iii) of this section, as applicable, shall not 
exceed 240 hours per year) by recording the information specified in 
Sec. 264.1089(e)(1)(v) of this subpart.
    (v) The owner or operator shall correct control device system 
malfunctions as soon as practicable after their occurrence in order to 
minimize excess emissions of air pollutants.
    (vi) The owner or operator shall operate the closed-vent system 
such that gases, vapors, or fumes are not actively vented to the 
control device during periods of planned maintenance or control device 
system malfunction (i.e., periods when the control device is not 
operating or not operating normally) except in cases when it is 
necessary to vent the gases, vapors, and/or fumes to avoid an unsafe 
condition or to implement malfunction corrective actions or planned 
maintenance actions.
    (3) * * *
    (i) * * *
    (ii) All carbon removed from the control device shall be managed in 
accordance with the requirements of 40 CFR 264.1033(n).
* * * * *

[[Page 59966]]

    (5) * * *
    (i) * * *
    (D) A boiler or industrial furnace burning hazardous waste for 
which the owner or operator has been issued a final permit under 40 CFR 
part 270 and has designed and operates the unit in accordance with the 
requirements of 40 CFR part 266, subpart H; or
    (E) A boiler or industrial furnace burning hazardous waste for 
which the owner or operator has designed and operates in accordance 
with the interim status requirements of 40 CFR part 266, subpart H.
* * * * *
    (7) The control device shall be inspected and monitored by the 
owner or operator in accordance with the procedures specified in 40 CFR 
264.1033(f)(2) and 40 CFR 264.1033(l). The readings from each 
monitoring device required by 40 CFR 264.1033(f)(2) shall be inspected 
at least once each operating day to check control device operation. Any 
necessary corrective measures shall be immediately implemented to 
ensure the control device is operated in compliance with the 
requirements of this section.
    22. Section 264.1088 is revised to read as follows:


Sec. 264.1088  Inspection and monitoring requirements.

    (a) The owner or operator shall inspect and monitor air emission 
control equipment used to comply with this subpart in accordance with 
the applicable requirements specified in Sec. 264.1084 through 
Sec. 264.1087 of this subpart.
    (b) The owner or operator shall develop and implement a written 
plan and schedule to perform the inspections and monitoring required by 
paragraph (a) of this section. The owner or operator shall incorporate 
this plan and schedule into the facility inspection plan required under 
40 CFR 264.15.
    23. Section 264.1089 is revised to read as follows:


Sec. 264.1089  Recordkeeping requirements.

    (a) Each owner or operator of a facility subject to requirements in 
this subpart shall record and maintain the information specified in 
paragraphs (b) through (i) of this section, as applicable to the 
facility. Except for air emission control equipment design 
documentation and information required by paragraph (i) of this 
section, records required by this section shall be maintained in the 
operating record for a minimum of 3 years. Air emission control 
equipment design documentation shall be maintained in the operating 
record until the air emission control equipment is replaced or 
otherwise no longer in service. Information required by paragraph (i) 
of this section shall be maintained in the operating record for as long 
as the tank or container is not using air emission controls specified 
in Secs. 264.1084 through 264.1087 of this subpart in accordance with 
the conditions specified in Sec. 264.1084(d) of this subpart.
    (b) The owner or operator of a tank using air emission controls in 
accordance with the requirements of Sec. 264.1084 of this subpart shall 
prepare and maintain records for the tank that include the following 
information:
    (1) For each tank using air emission controls in accordance with 
the requirements of Sec. 264.1084 of this subpart, the owner or 
operator shall record:
    (i) A tank identification number (or other unique identification 
description as selected by the owner or operator).
    (ii) A record for each inspection required by Sec. 264.1084 of this 
subpart that includes the following information:
    (A) Date inspection was conducted.
    (B) For each defect detected during the inspection, the following 
information: The location of the defect, a description of the defect, 
the date of detection, and corrective action taken to repair the 
defect. In the event that repair of the defect is delayed in accordance 
with the provisions of Sec. 264.1084 of this subpart, the owner or 
operator shall also record the reason for the delay and the date that 
completion of repair of the defect is expected.
    (2) In addition to the information required by paragraph (b)(1) of 
this section, the owner or operator shall record the following 
information, as applicable to the tank:
    (i) The owner or operator using a fixed roof to comply with the 
Tank Level 1 control requirements specified in Sec. 264.1084(c) of this 
subpart shall prepare and maintain records for each determination for 
the maximum organic vapor pressure of the hazardous waste in the tank 
performed in accordance with the requirements of Sec. 264.1084(c) of 
this subpart. The records shall include the date and time the samples 
were collected, the analysis method used, and the analysis results.
    (ii) The owner or operator using an internal floating roof to 
comply with the Tank Level 2 control requirements specified in 
Sec. 264.1084(e) of this subpart shall prepare and maintain 
documentation describing the floating roof design.
    (iii) Owners and operators using an external floating roof to 
comply with the Tank Level 2 control requirements specified in 
Sec. 264.1084(f) of this subpart shall prepare and maintain the 
following records:
    (A) Documentation describing the floating roof design and the 
dimensions of the tank.
    (B) Records for each seal gap inspection required by 
Sec. 264.1084(f)(3) of this subpart describing the results of the seal 
gap measurements. The records shall include the date that the 
measurements were performed, the raw data obtained for the 
measurements, and the calculations of the total gap surface area. In 
the event that the seal gap measurements do not conform to the 
specifications in Sec. 264.1084(f)(1) of this subpart, the records 
shall include a description of the repairs that were made, the date the 
repairs were made, and the date the tank was emptied, if necessary.
    (iv) Each owner or operator using an enclosure to comply with the 
Tank Level 2 control requirements specified in Sec. 264.1084(i) of this 
subpart shall prepare and maintain the following records:
    (A) Records for the most recent set of calculations and 
measurements performed by the owner or operator to verify that the 
enclosure meets the criteria of a permanent total enclosure as 
specified in ``Procedure T--Criteria for and Verification of a 
Permanent or Temporary Total Enclosure'' under 40 CFR 52.741, appendix 
B.
    (B) Records required for the closed-vent system and control device 
in accordance with the requirements of paragraph (e) of this section.
    (c) The owner or operator of a surface impoundment using air 
emission controls in accordance with the requirements of Sec. 264.1085 
of this subpart shall prepare and maintain records for the surface 
impoundment that include the following information:
    (1) A surface impoundment identification number (or other unique 
identification description as selected by the owner or operator).
    (2) Documentation describing the floating membrane cover or cover 
design, as applicable to the surface impoundment, 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. 264.1085(c) of this subpart.
    (3) A record for each inspection required by Sec. 264.1085 of this 
subpart that includes the following information:
    (i) Date inspection was conducted.

[[Page 59967]]

    (ii) For each defect detected during the inspection the following 
information: The location of the defect, a description of the defect, 
the date of detection, and corrective action taken to repair the 
defect. In the event that repair of the defect is delayed in accordance 
with the provisions of Sec. 264.1085(f) of this subpart, the owner or 
operator shall also record the reason for the delay and the date that 
completion of repair of the defect is expected.
    (4) For a surface impoundment equipped with a cover and vented 
through a closed-vent system to a control device, the owner or operator 
shall prepare and maintain the records specified in paragraph (e) of 
this section.
    (d) The owner or operator of containers using Container Level 3 air 
emission controls in accordance with the requirements of Sec. 264.1086 
of this subpart shall prepare and maintain records that include the 
following information:
    (1) Records for the most recent set of calculations and 
measurements performed by the owner or operator to verify that the 
enclosure meets the criteria of a permanent total enclosure as 
specified in ``Procedure T--Criteria for and Verification of a 
Permanent or Temporary Total Enclosure'' under 40 CFR 52.741, appendix 
B.
    (2) Records required for the closed-vent system and control device 
in accordance with the requirements of paragraph (e) of this section.
    (e) The owner or operator using a closed-vent system and control 
device in accordance with the requirements of Sec. 264.1087 of this 
subpart shall prepare and maintain records that include the following 
information:
    (1) Documentation for the closed-vent system and control device 
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 (e)(1)(ii) of this section or by performance tests as 
specified in paragraph (e)(1)(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 40 CFR 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 40 CFR 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 40 CFR 264.1035(b)(3) and all test results.
    (iv) Information as required by 40 CFR 264.1035(c)(1) and 40 CFR 
264.1035(c)(2), as applicable.
    (v) An owner or operator shall record, on a semiannual basis, the 
information specified in paragraphs (e)(1)(v)(A) and (e)(1)(v)(B) of 
this section for those planned routine maintenance operations that 
would require the control device not to meet the requirements of 
Sec. 264.1087(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subpart, as 
applicable.
    (A) A description of the planned routine maintenance that is 
anticipated to be performed for the control device during the next 6-
month period. This description shall include the type of maintenance 
necessary, planned frequency of maintenance, and lengths of maintenance 
periods.
    (B) A description of the planned routine maintenance that was 
performed for the control device during the previous 6-month period. 
This description shall include the type of maintenance performed and 
the total number of hours during those 6 months that the control device 
did not meet the requirements of Sec. 264.1087 (c)(1)(i), (c)(1)(ii), 
or (c)(1)(iii) of this subpart, as applicable, due to planned routine 
maintenance.
    (vi) An owner or operator shall record the information specified in 
paragraphs (e)(1)(vi)(A) through (e)(1)(vi)(C) of this section for 
those unexpected control device system malfunctions that would require 
the control device not to meet the requirements of Sec. 264.1087 
(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subpart, as applicable.
    (A) The occurrence and duration of each malfunction of the control 
device system.
    (B) The duration of each period during a malfunction when gases, 
vapors, or fumes are vented from the waste management unit through the 
closed-vent system to the control device while the control device is 
not properly functioning.
    (C) Actions taken during periods of malfunction to restore a 
malfunctioning control device to its normal or usual manner of 
operation.
    (vii) 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.
    (f) The owner or operator of a tank, surface impoundment, or 
container exempted from standards in accordance with the provisions of 
Sec. 264.1082(c) of this subpart shall prepare and maintain the 
following records, as applicable:
    (1) For tanks, surface impoundments, or containers exempted under 
the hazardous waste organic concentration conditions specified in 
Sec. 264.1082 (c)(1) or (c)(2) of this subpart, the owner or operator 
shall record the information used 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.
    (2) For tanks, surface impoundments, or containers exempted under 
the provisions of Sec. 264.1082(c)(2)(vii) or Sec. 264.1082(c)(2)(viii) 
of this subpart, the owner or operator shall record the identification 
number for the incinerator, boiler, or industrial furnace in which the 
hazardous waste is treated.
    (g) An owner or operator designating a cover as ``unsafe to inspect 
and monitor'' pursuant to Sec. 264.1084(l) or Sec. 264.1085(g) of this 
subpart shall record in a log that is kept in the facility operating 
record the following information: The identification numbers for waste 
management units with covers that are designated as ``unsafe to inspect 
and monitor,'' the 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.
    (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.
    (i) For each tank or container not using air emission controls 
specified in Secs. 264.1084 through 264.1087 of this subpart in 
accordance with the conditions specified in Sec. 264.1080(d) of this 
subpart, the owner or operator shall record and maintain the following 
information:
    (1) A list of the individual organic peroxide compounds 
manufactured at the facility that meet the conditions specified in 
Sec. 264.1080(d)(1).

[[Page 59968]]

    (2) A description of how the hazardous waste containing the organic 
peroxide compounds identified in paragraph (i)(1) of this section are 
managed at the facility in tanks and containers. This description shall 
include:
    (i) For the tanks used at the facility to manage this hazardous 
waste, sufficient information shall be provided to describe for each 
tank: A facility identification number for the tank; the purpose and 
placement of this tank in the management train of this hazardous waste; 
and the procedures used to ultimately dispose of the hazardous waste 
managed in the tanks.
    (ii) For containers used at the facility to manage these hazardous 
wastes, sufficient information shall be provided to describe: A 
facility identification number for the container or group of 
containers; the purpose and placement of this container, or group of 
containers, in the management train of this hazardous waste; and the 
procedures used to ultimately dispose of the hazardous waste handled in 
the containers.
    (3) An explanation of why managing the hazardous waste containing 
the organic peroxide compounds identified in paragraph (i)(1) of this 
section in the tanks and containers as described in paragraph (i)(2) of 
this section would create an undue safety hazard if the air emission 
controls, as required under Secs. 264.1084 through 264.1087 of this 
subpart, are installed and operated on these waste management units. 
This explanation shall include the following information:
    (i) For tanks used at the facility to manage these hazardous 
wastes, sufficient information shall be provided to explain: How use of 
the required air emission controls on the tanks would affect the tank 
design features and facility operating procedures currently used to 
prevent an undue safety hazard during the management of this hazardous 
waste in the tanks; and why installation of safety devices on the 
required air emission controls, as allowed under this subpart, will not 
address those situations in which evacuation of tanks equipped with 
these air emission controls is necessary and consistent with good 
engineering and safety practices for handling organic peroxides.
    (ii) For containers used at the facility to manage these hazardous 
wastes, sufficient information shall be provided to explain: How use of 
the required air emission controls on the containers would affect the 
container design features and handling procedures currently used to 
prevent an undue safety hazard during the management of this hazardous 
waste in the containers; and why installation of safety devices on the 
required air emission controls, as allowed under this subpart, will not 
address those situations in which evacuation of containers equipped 
with these air emission controls is necessary and consistent with good 
engineering and safety practices for handling organic peroxides.
    24. Section 264.1090 is amended by revising paragraphs (a) and (b) 
to read as follows:


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) of this subpart 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 500 ppmw at the point of waste 
origination; or placing in the waste management unit a treated 
hazardous waste of which the organic content has been reduced by an 
organic destruction or removal process that fails to achieve the 
applicable conditions specified in Sec. 264.1082 (c)(2)(i) through 
(c)(2)(vi) 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 recurrence 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(b) 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 recurrence of the noncompliance. The report 
shall be signed and dated by an authorized representative of the owner 
or operator.
* * * * *


Sec. 264.1091  [Removed and reserved]

    25. Part 264 is amended by removing and reserving Sec. 264.1091.

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

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

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

Subpart I--Use and Management of Containers

    27. Section 265.178 is revised 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 applicable requirements of subparts 
AA, BB, and CC of this part.

Subpart J--Tank Systems

    28. Section 265.202 is revised 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 applicable requirements of subparts AA, BB, 
and CC of this part.

Subpart K--Surface Impoundments

    29. Section 265.231 is revised 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 applicable requirements of 
subparts BB and CC of this part.

Subpart AA--Air Emission Standards for Process Vents

    30. Section 265.1030 is amended by revising paragraph (b); and by 
removing the reference ``262.34'' from the note at the end of the 
section to read as follows:


Sec. 265.1030  Applicability.

* * * * *
    (b) Except for Secs. 265.1034, paragraphs (d) and (e), this subpart 
applies to

[[Page 59969]]

process vents associated with distillation, fractionation, thin-film 
evaporation, solvent extraction, or air or steam stripping operations 
that manage hazardous wastes with organic concentrations of at least 10 
ppmw, if these operations are conducted in one of the following:
    (1) A unit that is subject to the permitting requirements of 40 CFR 
part 270, or
    (2) A unit (including a hazardous waste recycling unit) that is not 
exempt from permitting under the provisions of 40 CFR 262.34(a) (i.e., 
a hazardous waste recycling unit that is not a 90-day tank or 
container) and that is located at a hazardous waste management facility 
otherwise subject to the permitting requirements of 40 CFR part 270, or
    (3) A unit that is exempt from permitting under the provisions of 
40 CFR 262.34(a) (i.e., a 90-day tank or container).
* * * * *
    31. Section 265.1033 is amended by revising paragraph 
(f)(2)(vi)(B); redesignating paragraphs (k) and (l) as paragraphs (l) 
and (m) and revising the newly designated paragraph (m); by revising 
paragraph (j); and by adding paragraphs (k) and (n) to read as follows:


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

* * * * *
    (f) * * * 
    (2) * * * 
    (vi) * * * 
    (B) A temperature monitoring device equipped with a continuous 
recorder. The device shall be capable of monitoring temperature with an 
accuracy of  1 percent of the temperature being monitored 
in degrees Celsius (oC) or  0.5 oC, whichever is greater. 
The temperature sensor shall be installed at a location in the exhaust 
vent stream from the condenser exit (i.e., product side).
* * * * *
    (j) A closed-vent system shall meet either of the following design 
requirements:
    (1) A closed-vent system shall be designed to operate with no 
detectable emissions, as indicated by an instrument reading of less 
than 500 ppmv above background as determined by the procedure in 
Sec. 265.1034(b) of this subpart, and by visual inspections; or
    (2) A closed-vent system shall be designed to operate at a pressure 
below atmospheric pressure. The system shall be equipped with at least 
one pressure gauge or other pressure measurement device that can be 
read from a readily accessible location to verify that negative 
pressure is being maintained in the closed-vent system when the control 
device is operating.
    (k) The owner or operator shall monitor and inspect each closed-
vent system required to comply with this section to ensure proper 
operation and maintenance of the closed-vent system by implementing the 
following requirements:
    (1) Each closed-vent system that is used to comply with paragraph 
(j)(1) of this section shall be inspected and monitored in accordance 
with the following requirements:
    (i) An initial leak detection monitoring of the closed-vent system 
shall be conducted by the owner or operator on or before the date that 
the system becomes subject to this section. The owner or operator shall 
monitor the closed-vent system components and connections using the 
procedures specified in Sec. 265.1034(b) of this subpart to demonstrate 
that the closed-vent system operates with no detectable emissions, as 
indicated by an instrument reading of less than 500 ppmv above 
background.
    (ii) After initial leak detection monitoring required in paragraph 
(k)(1)(i) of this section, the owner or operator shall inspect and 
monitor the closed-vent system as follows:
    (A) Closed-vent system joints, seams, or other connections that are 
permanently or semi-permanently sealed (e.g., a welded joint between 
two sections of hard piping or a bolted and gasketed ducting flange) 
shall be visually inspected at least once per year to check for defects 
that could result in air pollutant emissions. The owner or operator 
shall monitor a component or connection using the procedures specified 
in Sec. 265.1034(b) of this subpart to demonstrate that it operates 
with no detectable emissions following any time the component is 
repaired or replaced (e.g., a section of damaged hard piping is 
replaced with new hard piping) or the connection is unsealed (e.g., a 
flange is unbolted).
    (B) Closed-vent system components or connections other than those 
specified in paragraph (k)(1)(ii)(A) of this section shall be monitored 
annually and at other times as requested by the Regional Administrator, 
except as provided for in paragraph (n) of this section, using the 
procedures specified in Sec. 265.1034(b) of this subpart to demonstrate 
that the components or connections operate with no detectable 
emissions.
    (iii) In the event that a defect or leak is detected, the owner or 
operator shall repair the defect or leak in accordance with the 
requirements of paragraph (k)(3) of this section.
    (iv) The owner or operator shall maintain a record of the 
inspection and monitoring in accordance with the requirements specified 
in Sec. 265.1035 of this subpart.
    (2) Each closed-vent system that is used to comply with paragraph 
(j)(2) of this section shall be inspected and monitored in accordance 
with the following requirements:
    (i) The closed-vent system shall be visually inspected by the owner 
or operator to check for defects that could result in air pollutant 
emissions. Defects include, but are not limited to, visible cracks, 
holes, or gaps in ductwork or piping or loose connections.
    (ii) The owner or operator shall perform an initial inspection of 
the closed-vent system on or before the date that the system becomes 
subject to this section. Thereafter, the owner or operator shall 
perform the inspections at least once every year.
    (iii) In the event that a defect or leak is detected, the owner or 
operator shall repair the defect in accordance with the requirements of 
paragraph (k)(3) of this section.
    (iv) The owner or operator shall maintain a record of the 
inspection and monitoring in accordance with the requirements specified 
in Sec. 265.1035 of this subpart.
    (3) The owner or operator shall repair all detected defects as 
follows:
    (i) Detectable emissions, as indicated by visual inspection, or by 
an instrument reading greater than 500 ppmv above background, shall be 
controlled as soon as practicable, but not later than 15 calendar days 
after the emission is detected, except as provided for in paragraph 
(k)(3)(iii) of this section.
    (ii) A first attempt at repair shall be made no later than 5 
calendar days after the emission is detected.
    (iii) Delay of repair of a closed-vent system for which leaks have 
been detected is allowed if the repair is technically infeasible 
without a process unit shutdown, or if the owner or operator determines 
that emissions resulting from immediate repair would be greater than 
the fugitive emissions likely to result from delay of repair. Repair of 
such equipment shall be completed by the end of the next process unit 
shutdown.
    (iv) The owner or operator shall maintain a record of the defect 
repair in accordance with the requirements specified in Sec. 265.1035 
of this subpart.
    (l) Closed-vent systems and control devices used to comply with 
provisions of this subpart shall be operated at all times when 
emissions may be vented to them.

[[Page 59970]]

    (m) The owner or operator using a carbon adsorption system to 
control air pollutant emissions shall document that all carbon that is 
a hazardous waste and that is removed from the control device is 
managed in one of the following manners, regardless of the average 
volatile organic concentration of the carbon:
    (1) Regenerated or reactivated in a thermal treatment unit that 
meets one of the following:
    (i) The owner or operator of the unit has been issued a final 
permit under 40 CFR part 270 which implements the requirements of 40 
CFR part 264 subpart X; or
    (ii) The unit is equipped with and operating air emission controls 
in accordance with the applicable requirements of subparts AA and CC of 
either this part or of 40 CFR part 264; or
    (iii) The unit is equipped with and operating air emission controls 
in accordance with a national emission standard for hazardous air 
pollutants under 40 CFR part 61 or 40 CFR part 63.
    (2) Incinerated in a hazardous waste incinerator for which the 
owner or operator either:
    (i) Has been issued a final permit under 40 CFR part 270 which 
implements the requirements of 40 CFR part 264, subpart O; or
    (ii) Has designed and operates the incinerator in accordance with 
the interim status requirements of subpart O of this part.
    (3) Burned in a boiler or industrial furnace for which the owner or 
operator either:
    (i) Has been issued a final permit under 40 CFR part 270 which 
implements the requirements of 40 CFR part 266, subpart H; or
    (ii) Has designed and operates the boiler or industrial furnace in 
accordance with the interim status requirements of 40 CFR part 266, 
subpart H.
    (n) Any components of a closed-vent system that are designated, as 
described in Sec. 265.1035(c)(9) of this subpart, as unsafe to monitor 
are exempt from the requirements of paragraph (k)(1)(ii)(B) of this 
section if:
    (1) The owner or operator of the closed-vent system determines that 
the components of the closed-vent system are unsafe to monitor because 
monitoring personnel would be exposed to an immediate danger as a 
consequence of complying with paragraph (k)(1)(ii)(B) of this section; 
and
    (2) The owner or operator of the closed-vent system adheres to a 
written plan that requires monitoring the closed-vent system components 
using the procedure specified in paragraph (k)(1)(ii)(B) of this 
section as frequently as practicable during safe-to-monitor times.
    32. Section 265.1034 is amended by revising paragraph (b) 
introductory text to read as follows:


Sec. 265.1034  Test methods and procedures.

* * * * *
    (b) When a closed-vent system is tested for compliance with no 
detectable emissions, as required in Sec. 265.1033(k) of this subpart, 
the test shall comply with the following requirements:
* * * * *
    33. Section 265.1035 is amended by revising paragraph (c)(3), 
adding paragraphs (c)(9) and (c)(10) and revising paragraph (d) to read 
as follows:


Sec. 265.1035  Recordkeeping requirements.

* * * * *
    (c) * * *
    (3) Monitoring, operating and inspection information required by 
paragraphs (f) through (k) of Sec. 265.1033 of this subpart.
* * * * *
    (9) An owner or operator designating any components of a closed-
vent system as unsafe to monitor pursuant to Sec. 265.1033(n) of this 
subpart shall record in a log that is kept in the facility operating 
record the identification of closed-vent system components that are 
designated as unsafe to monitor in accordance with the requirements of 
Sec. 265.1033(n) of this subpart, an explanation for each closed-vent 
system component stating why the closed-vent system component is unsafe 
to monitor, and the plan for monitoring each closed-vent system 
component.
    (10) When each leak is detected as specified in Sec. 265.1033(k) of 
this subpart, the following information shall be recorded:
    (i) The instrument identification number, the closed-vent system 
component identification number, and the operator name, initials, or 
identification number.
    (ii) The date the leak was detected and the date of first attempt 
to repair the leak.
    (iii) The date of successful repair of the leak.
    (iv) Maximum instrument reading measured by Method 21 of 40 CFR 
part 60, appendix A after it is successfully repaired or determined to 
be nonrepairable.
    (v) ``Repair delayed'' and the reason for the delay if a leak is 
not repaired within 15 calendar days after discovery of the leak.
    (A) The owner or operator may develop a written procedure that 
identifies the conditions that justify a delay of repair. In such 
cases, reasons for delay of repair may be documented by citing the 
relevant sections of the written procedure.
    (B) If delay of repair was caused by depletion of stocked parts, 
there must be documentation that the spare parts were sufficiently 
stocked on-site before depletion and the reason for depletion.
    (d) Records of the monitoring, operating, and inspection 
information required by paragraphs (c)(3) through (c)(10) of this 
section shall be maintained by the owner or operator for at least 3 
years following the date of each occurrence, measurement, maintenance, 
corrective action, or record.
* * * * *

Subpart BB--Air Emission Standards for Equipment Leaks

    34. Section 265.1050 is amended by revising paragraph (b), adding 
paragraph (e) and removing the reference ``262.34'' from the note at 
the end of the section to read as follows:


Sec. 265.1050  Applicability.

* * * * *
    (b) Except as provided in Sec. 265.1064(k), this subpart applies to 
equipment that contains or contacts hazardous wastes with organic 
concentrations of at least 10 percent by weight that are managed in one 
of the following:
    (1) A unit that is subject to the permitting requirements of 40 CFR 
part 270, or
    (2) A unit (including a hazardous waste recycling unit) that is not 
exempt from permitting under the provisions of 40 CFR 262.34(a) (i.e., 
a hazardous waste recycling unit that is not a 90-day tank or 
container) and that is located at a hazardous waste management facility 
otherwise subject to the permitting requirements of 40 CFR part 270, or
    (3) A unit that is exempt from permitting under the provisions of 
40 CFR 262.34(a) (i.e., a 90-day tank or container).
* * * * *
    (e) Equipment that contains or contacts hazardous waste with an 
organic concentration of at least 10 percent by weight for a period of 
less than 300 hours per calendar year is excluded from the requirements 
of Sec. 265.1052 through Sec. 265.1060 of this subpart if it is 
identified as required in Sec. 265.1064(g)(6) of this subpart.
    35. Section 265.1055 is revised to read as follows:

[[Page 59971]]

Sec. 265.1055  Standards: Sampling connection systems.

    (a) Each sampling connection system shall be equipped with a 
closed-purge, closed-loop, or closed-vent system. This system shall 
collect the sample purge for return to the process or for routing to 
the appropriate treatment system. Gases displaced during filling of the 
sample container are not required to be collected or captured.
    (b) Each closed-purge, closed-loop, or closed-vent system as 
required in paragraph (a) of this section shall:
    (1) Return the purged process fluid directly to the process line; 
or
    (2) Collect and recycle the purged process fluid; or
    (3) Be designed and operated to capture and transport all the 
purged process fluid to a waste management unit that complies with the 
applicable requirements of Sec. 265.1085 through Sec. 265.1087 of this 
subpart or a control device that complies with the requirements of 
Sec. 265.1060 of this subpart.
    (c) In-situ sampling systems and sampling systems without purges 
are exempt from the requirements of paragraphs (a) and (b) of this 
section.
    36. Section 265.1058 is amended by adding paragraph (e) to read as 
follows:


Sec. 265.1058  Standards: Pumps and valves in heavy liquid service, 
pressure relief devices in light liquid or heavy liquid service, and 
flanges and other connectors.

* * * * *
    (e) Any connector that is inaccessible or is ceramic or ceramic-
lined (e.g., porcelain, glass, or glass-lined) is exempt from the 
monitoring requirements of paragraph (a) of this section and from the 
recordkeeping requirements of Sec. 265.1064 of this subpart.
    37. Section 265.1064 is amended by adding paragraph (g)(6) to read 
as follows:


Sec. 265.1064  Recordkeeping requirements.

* * * * *
    (g) * * *
    (6) Identification, either by list or location (area or group) of 
equipment that contains or contacts hazardous waste with an organic 
concentration of at least 10 percent by weight for a period of less 
than 300 hours per year.
* * * * *

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

    38. Section 265.1080 is amended by adding paragraphs (b)(7) and 
(b)(8) to read as follows:


Sec. 265.1080  Applicability.

* * * * *
    (b) * * *
    (7) A hazardous waste management unit that the owner or operator 
certifies is equipped with and operating air emission controls in 
accordance with the requirements of an applicable Clean Air Act 
regulation codified under 40 CFR part 60, part 61, or part 63. For the 
purpose of complying with this paragraph, a tank for which the air 
emission control includes an enclosure, as opposed to a cover, must be 
in compliance with the enclosure and control device requirements of 
Sec. 265.1085(i), except as provided in Sec. 265.1083(c)(5).
    (8) A tank that has a process vent as defined in 40 CFR 264.1031.
* * * * *
    39. Section 265.1081 is amended by revising the definitions of 
cover, external floating roof, fixed roof, floating roof, internal 
floating roof, maximum organic vapor pressure, point of waste 
treatment, vapor-mounted seal and volatile organic concentration and by 
adding definitions in alphabetical order to read as follows:


Sec. 265.1081  Definitions.

* * * * *
    Closure device means a cap, hatch, lid, plug, seal, valve, or other 
type of fitting that blocks an opening in a cover such that when the 
device is secured in the closed position it prevents or reduces air 
pollutant emissions to the atmosphere. Closure devices include devices 
that are detachable from the cover (e.g., a sampling port cap), 
manually operated (e.g., a hinged access lid or hatch), or 
automatically operated (e.g., a spring-loaded pressure relief valve).
* * * * *
    Continuous seal means a seal that forms a continuous closure that 
completely covers the space between the edge of the floating roof and 
the wall of a tank. A continuous seal may be a vapor-mounted seal, 
liquid-mounted seal, or metallic shoe seal. A continuous seal may be 
constructed of fastened segments so as to form a continuous seal.
* * * * *
    Cover means a device that provides a continuous barrier over the 
hazardous waste managed in a unit to prevent or reduce air pollutant 
emissions to the atmosphere. A cover may have openings (such as access 
hatches, sampling ports, gauge wells) that are necessary for operation, 
inspection, maintenance, and repair of the unit on which the cover is 
used. A cover may be a separate piece of equipment which can be 
detached and removed from the unit or a cover may be formed by 
structural features permanently integrated into the design of the unit.
* * * * *
    Enclosure means a structure that surrounds a tank or container, 
captures organic vapors emitted from the tank or container, and vents 
the captured vapors through a closed-vent system to a control device.
* * * * *
    External floating roof means a pontoon-type or double-deck type 
cover that rests on the surface of the material managed in a tank with 
no fixed roof.
* * * * *
    Fixed roof means a cover that is mounted on a unit in a stationary 
position and does not move with fluctuations in the level of the 
material managed in the unit.
* * * * *
    Floating roof means a cover consisting of a double deck, pontoon 
single deck, or internal floating cover which rests upon and is 
supported by the material being contained, and is equipped with a 
continuous seal.
* * * * *
    Hard-piping means pipe or tubing that is manufactured and properly 
installed in accordance with relevant standards and good engineering 
practices.
* * * * *
    In light material service means the container is used to manage a 
material for which both of the following conditions apply: the vapor 
pressure of one or more of the organic constituents in the material is 
greater than 0.3 kilopascals (kPa) at 20  deg.C; and the total 
concentration of the pure organic constituents having a vapor pressure 
greater than 0.3 kPa at 20  deg.C is equal to or greater than 20 
percent by weight.
* * * * *
    Internal floating roof means a cover that rests or floats on the 
material surface (but not necessarily in complete contact with it) 
inside a tank that has a fixed roof.
* * * * *
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. 
Failures that are caused in part by poor maintenance or careless 
operation are not malfunctions.
* * * * *
    Maximum organic vapor pressure means the sum of the individual 
organic constituent partial pressures exerted by the material contained 
in a tank, at the

[[Page 59972]]

maximum vapor pressure-causing conditions (i.e., temperature, 
agitation, pH effects of combining wastes, etc.) reasonably expected to 
occur in the tank. For the purpose of this subpart, maximum organic 
vapor pressure is determined using the procedures specified in 
Sec. 265.1084(c) of this subpart.
* * * * *
    Metallic shoe seal means a continuous seal that is constructed of 
metal sheets which are held vertically against the wall of the tank by 
springs, weighted levers, or other mechanisms and is connected to the 
floating roof by braces or other means. A flexible coated fabric 
(envelope) spans the annular space between the metal sheet and the 
floating roof.
* * * * *
    No detectable organic emissions means no escape of organics to the 
atmosphere as determined using the procedure specified in 
Sec. 265.1084(d) of this subpart.
* * * * *
    Point of waste treatment means the point where a hazardous waste to 
be treated in accordance with Sec. 265.1083(c)(2) of this subpart exits 
the treatment process. Any waste determination shall be made before the 
waste is conveyed, handled, or otherwise managed in a manner that 
allows the waste to volatilize to the atmosphere.
* * * * *
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions exclusively to prevent physical damage or permanent 
deformation to a unit or its air emission control equipment by venting 
gases or vapors directly to the atmosphere during unsafe conditions 
resulting from an unplanned, accidental, or emergency event. For the 
purpose of this subpart, a safety device is not used for routine 
venting of gases or vapors from the vapor headspace underneath a cover 
such as during filling of the unit or to adjust the pressure in this 
vapor headspace in response to normal daily diurnal ambient temperature 
fluctuations. A safety device is designed to remain in a closed 
position during normal operations and open only when the internal 
pressure, or another relevant parameter, exceeds the device threshold 
setting applicable to the air emission control equipment as determined 
by the owner or operator based on manufacturer recommendations, 
applicable regulations, fire protection and prevention codes, standard 
engineering codes and practices, or other requirements for the safe 
handling of flammable, ignitable, explosive, reactive, or hazardous 
materials.
* * * * *
    Single-seal system means a floating roof having one continuous 
seal. This seal may be vapor-mounted, liquid-mounted, or a metallic 
shoe seal.
* * * * *
    Vapor-mounted seal means a continuous seal that is mounted such 
that there is a vapor space between the hazardous waste in the unit and 
the bottom of the seal.
* * * * *
    Volatile organic concentration or VO concentration means the 
fraction by weight of the volatile organic compounds contained in a 
hazardous waste expressed in terms of parts per million (ppmw) as 
determined by direct measurement or by knowledge of the waste in 
accordance with the requirements of Sec. 265.1084 of this subpart. For 
the purpose of determining the VO concentration of a hazardous waste, 
organic compounds with a Henry's law constant value of at least 0.1 
mole-fraction-in-the-gas-phase/mole-fraction-in the liquid-phase (0.1 
Y/X) (which can also be expressed as 1.8 x 10-\6\ atmospheres/
gram-mole/m\3\) at 25 degrees Celsius must be included. Appendix VI of 
this subpart presents a list of compounds known to have a Henry's law 
constant value less than the cutoff level.
* * * * *
    40. Section 265.1083 is revised to read as follows:


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 pollutant 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 tank, surface impoundment, or container is exempt from 
standards specified in Sec. 265.1085 through Sec. 265.1088 of this 
subpart, as applicable, provided that the waste management unit is one 
of the following:
    (1) A tank, surface impoundment, or container for which all 
hazardous waste entering the unit has an average VO concentration at 
the point of waste origination of less than 500 parts per million by 
weight (ppmw). The average VO concentration shall be determined using 
the procedures specified in Sec. 265.1084(a) of this subpart. The owner 
or operator shall review and update, as necessary, this determination 
at least once every 12 months following the date of the initial 
determination for the hazardous waste streams entering the unit.
    (2) A tank, surface impoundment, or container for which the organic 
content of all the hazardous waste entering the waste management unit 
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 100 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 equal to or 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 using the

[[Page 59973]]

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) From the point of waste origination through the point where the 
hazardous waste enters the treatment process, the hazardous waste is 
managed continuously 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.
    (B) From the point of waste origination through the point where the 
hazardous waste enters the treatment process, any transfer of the 
hazardous waste is accomplished through continuous hard-piping or other 
closed system transfer that does not allow exposure of the waste to the 
atmosphere. The EPA considers a drain system that meets the 
requirements of 40 CFR part 63, subpart RR--National Emission Standards 
for Individual Drain Systems to be a closed system.
    (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 waste streams entering the process or 500 ppmw, 
whichever value is lower. The average VO concentration of each 
individual waste stream at the point of waste origination shall be 
determined using the procedures 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 procedures 
specified in Sec. 265.1084(b) of this subpart.
    (vi) 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 owner or operator certifies that the average VO concentration 
at the point of waste origination for each of the individual waste 
streams entering the process is less than 10,000 ppmw. The organic 
reduction efficiency for the process and the average VO concentration 
of the hazardous waste at the point of waste origination shall be 
determined using the procedures specified in Sec. 265.1084(b) and 
Sec. 265.1084(a) of this subpart, respectively.
    (vii) A hazardous waste incinerator for which the owner or operator 
has either:
    (A) Been issued a final permit under 40 CFR part 270 which 
implements the requirements of 40 CFR part 264, subpart O; or
    (B) Has designed and operates the incinerator in accordance with 
the interim status requirements of subpart O of this part.
    (viii) A boiler or industrial furnace for which the owner or 
operator has either:
    (A) Been issued a final permit under 40 CFR part 270 which 
implements the requirements of 40 CFR part 266, subpart H, or
    (B) Has designed and operates the boiler or industrial furnace in 
accordance with the interim status requirements of 40 CFR part 266, 
subpart H.
    (ix) For the purpose of determining the performance of an organic 
destruction or removal process in accordance with the conditions in 
each of paragraphs (c)(2)(i) through (c)(2)(vi) of this section, the 
owner or operator shall account for VO concentrations determined to be 
below the limit of detection of the analytical method by using the 
following VO concentration:
    (A) If Method 25D in 40 CFR part 60, appendix A is used for the 
analysis, one-half the blank value determined in the method.
    (B) If any other analytical method is used, one-half the limit of 
detection established for the method.
    (3) A tank used for biological treatment of hazardous waste in 
accordance with the requirements of paragraph (c)(2)(iv) of this 
section.
    (4) A tank, surface impoundment, or container for which all 
hazardous waste placed in the unit either:
    (i) Meets the numerical concentration limits for organic hazardous 
constituents, applicable to the hazardous waste, as specified in 40 CFR 
part 268--Land Disposal Restrictions under Table ``Treatment Standards 
for Hazardous Waste'' in 40 CFR 268.40; or
    (ii) Has been treated by the treatment technology established by 
EPA for the waste in 40 CFR 268.42(a), or treated by an equivalent 
method of treatment approved by EPA pursuant to 40 CFR 268.42(b).
    (5) A tank used for bulk feed of hazardous waste to a waste 
incinerator and all of the following conditions are met:
    (i) The tank is located inside an enclosure vented to a control 
device that is designed and operated in accordance with all applicable 
requirements specified under 40 CFR part 61, subpart FF--National 
Emission Standards for Benzene Waste Operations for a facility at which 
the total annual benzene quantity from the facility waste is equal to 
or greater than 10 megagrams per year;
    (ii) The enclosure and control device serving the tank were 
installed and began operation prior to November 25, 1996; and
    (iii) The enclosure is designed and operated in accordance with the 
criteria for a permanent total enclosure as specified in ``Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' under 40 CFR 52.741, Appendix B. The enclosure may have 
permanent or temporary openings to allow worker access; passage of 
material into or out of the enclosure by conveyor, vehicles, or other 
mechanical or electrical equipment; or to direct air flow into the 
enclosure. The owner or operator shall perform the verification 
procedure for the enclosure as specified in Section 5.0 to ``Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' annually.
    (d) 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 performing a waste determination pursuant to paragraph 
(d)(1) of this section, the sample preparation and analysis shall be 
conducted as follows:
    (i) In accordance with the method used by the owner or operator to 
perform the waste analysis, except in the case specified in paragraph 
(d)(2)(ii) of this section.
    (ii) If the Regional Administrator determines that the method used 
by the owner or operator was not appropriate

[[Page 59974]]

for the hazardous waste managed in the tank, surface impoundment, or 
container, then the Regional Administrator may choose an appropriate 
method.
    (3) 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.
    (4) 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 (d)(1) of this section shall be used to establish compliance 
with the requirements of this subpart.
    (5) 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 500 ppmw shall constitute noncompliance with this subpart 
except in a case as provided for in paragraph (d)(5)(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 500 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 500 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.
    41. Section 265.1084 is revised to read as follows:


Sec. 265.1084  Waste determination procedures.

    (a) Waste determination procedure to determine 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 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) The average VO concentration of a hazardous waste at the point 
of waste origination shall be determined using either direct 
measurement as specified in paragraph (a)(3) of this section or by 
knowledge as specified in paragraph (a)(4) of this section.
    (3) Direct measurement to determine average VO concentration of a 
hazardous waste at the point of waste origination.
    (i) Identification. The owner or operator shall identify and record 
the point of waste origination for the hazardous waste.
    (ii) Sampling. Samples of the hazardous waste stream shall be 
collected at the point of waste origination in a manner such that 
volatilization of organics contained in the waste and in the subsequent 
sample is minimized and an adequately representative sample is 
collected and maintained for analysis by the selected method.
    (A) The averaging period to be used for determining the average VO 
concentration for the hazardous waste stream on a mass-weighted average 
basis shall be designated and recorded. The averaging period can 
represent any time interval that the owner or operator determines is 
appropriate for the hazardous waste stream but shall not exceed 1 year.
    (B) A sufficient number of samples, but no less than four samples, 
shall be collected for the hazardous waste stream to represent the 
complete range of compositions and quantities that occur during the 
entire averaging period due to normal variations in the operating 
conditions for the source or process generating the hazardous waste 
stream. Examples of such normal variations are seasonal variations in 
waste quantity or fluctuations in ambient temperature.
    (C) All samples shall be collected and handled in accordance with 
written procedures prepared by the owner or operator and documented in 
a site sampling plan. This plan shall describe the procedure by which 
representative samples of the hazardous waste stream are collected such 
that a minimum loss of organics occurs throughout the sample collection 
and handling process, and by which sample integrity is maintained. A 
copy of the written sampling plan shall be maintained on-site in the 
facility operating records. An example of an acceptable sampling plan 
includes a plan incorporating sample collection and handling procedures 
in accordance with the requirements specified in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication 
SW-846, (incorporated by reference--refer to Sec. 260.11(a) of this 
chapter), or in Method 25D in 40 CFR part 60, appendix A.
    (iii) Analysis. Each collected sample shall be prepared and 
analyzed in accordance with one or more of the methods listed in 
paragraphs (a)(3)(iii)(A) through (a)(3)(iii)(I) of this section, 
including appropriate quality assurance and quality control (QA/QC) 
checks and use of target compounds for calibration. If Method 25D in 40 
CFR part 60, appendix A is not used, then one or more methods should be 
chosen that are appropriate to ensure that the waste determination 
accounts for and reflects all organic compounds in the waste with 
Henry's law constant values at least 0.1 mole-fraction-in-the-gas-
phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be 
expressed as 1.8  x  10-6 atmospheres/gram-mole/m\3\] at 25 
degrees Celsius. Each of the analytical methods listed in paragraphs 
(a)(3)(iii)(B) through (a)(3)(iii)(G) of this section has an associated 
list of approved chemical compounds, for which EPA considers the method 
appropriate for measurement. If an owner or operator uses EPA Method 
624, 625, 1624, or 1625 in 40 CFR part 136, appendix A to analyze one 
or more compounds that are not on that method's published list, the 
Alternative Test Procedure contained in 40 CFR 136.4 and 136.5 must be 
followed. If an owner or operator uses EPA Method 8260(B) or 8270(C) in 
``Test Methods for Evaluating Solid Waste, Physical/

[[Page 59975]]

Chemical Methods'', EPA Publication SW-846, (incorporated by 
reference--refer to Sec. 260.11(a) of this chapter) to analyze one or 
more compounds that are not on that method's published list, the 
procedures in paragraph (a)(3)(iii)(H) of this section must be 
followed. At the owner's or operator's discretion, the concentration of 
each individual chemical constituent measured in the waste by a method 
other than Method 25D may be corrected to the concentration had it been 
measured using Method 25D by multiplying the measured concentration by 
the constituent-specific adjustment factor (fm25D) as specified in 
paragraph (a)(4)(iii) of this section. Constituent-specific adjustment 
factors (fm25D) can be obtained by contacting the Waste and 
Chemical Processes Group, Office of Air Quality Planning and Standards, 
Research Triangle Park, NC 27711. (A) Method 25D in 40 CFR part 60, 
appendix A.
    (B) Method 624 in 40 CFR part 136, appendix A.
    (C) Method 625 in 40 CFR part 136, appendix A. Perform corrections 
to the compounds for which the analysis is being conducted based on the 
``accuracy as recovery'' using the factors in Table 7 of the method.
    (D) Method 1624 in 40 CFR part 136, appendix A.
    (E) Method 1625 in 40 CFR part 136, appendix A.
    (F) Method 8260(B) in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods'', EPA Publication SW-846, (incorporated by 
reference--refer to Sec. 260.11(a) of this chapter). Maintain a formal 
quality assurance program consistent with the requirements of Method 
8260(B). The quality assurance program shall include the following 
elements:
    (1) Documentation of site-specific procedures to minimize the loss 
of compounds due to volatilization, biodegradation, reaction, or 
sorption during the sample collection, storage, preparation, 
introduction, and analysis steps.
    (2) Measurement of the overall accuracy and precision of the 
specific procedures.
    (G) Method 8270(C) in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods'', EPA Publication SW-846, (incorporated by 
reference--refer to Sec. 260.11(a) of this chapter). Maintain a formal 
quality assurance program consistent with the requirements of Method 
8270(C). The quality assurance program shall include the following 
elements:
    (1) Documentation of site-specific procedures to minimize the loss 
of compounds due to volatilization, biodegradation, reaction, or 
sorption during the sample collection, storage, and preparation steps.
    (2) Measurement of the overall accuracy and precision of the 
specific procedures.
    (H) Any other EPA standard method that has been validated in 
accordance with ``Alternative Validation Procedure for EPA Waste and 
Wastewater Methods'', 40 CFR part 63, appendix D. As an alternative, 
other EPA standard methods may be validated by the procedure specified 
in paragraph (a)(3)(iii)(I) of this section.
    (I) Any other analysis method that has been validated in accordance 
with the procedures specified in Section 5.1 or Section 5.3, and the 
corresponding calculations in Section 6.1 or Section 6.3, of Method 301 
in 40 CFR part 63, appendix A. The data are acceptable if they meet the 
criteria specified in Section 6.1.5 or Section 6.3.3 of Method 301. If 
correction is required under section 6.3.3 of Method 301, the data are 
acceptable if the correction factor is within the range 0.7 to 1.30. 
Other sections of Method 301 are not required.
    (iv) Calculations. The average VO concentration (C) on a mass-
weighted basis shall be calculated by using the results for all samples 
analyzed in accordance with paragraph (a)(3)(iii) of this section and 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR25NO96.000

Where:

C = Average VO concentration of the hazardous waste at the point of 
waste origination on a mass-weighted basis, ppmw.
i = Individual sample ``i'' of the hazardous waste.
n = Total number of samples of the hazardous waste collected (at least 
4) for the averaging period (not to exceed 1 year).
Qi = Mass quantity of hazardous waste stream represented by 
Ci, kg/hr.
QT = Total mass quantity of hazardous waste during the averaging 
period, kg/hr.
Ci = Measured VO concentration of sample ``i'' as determined in 
accordance with the requirements of Sec. 265.1084(a)(3)(iii) of this 
subpart, ppmw.

    (4) Use of owner or operator knowledge to determine average VO 
concentration of a hazardous waste at the point of waste origination.
    (i) Documentation shall be prepared that presents the information 
used as the basis for the owner's or operator's knowledge of the 
hazardous waste stream's average VO concentration. Examples of 
information that may be used as the basis for knowledge include: 
Material balances for the source or process generating the hazardous 
waste stream; constituent-specific chemical test data for the hazardous 
waste stream from previous testing that are still applicable to the 
current waste stream; previous test data for other locations managing 
the same type of waste stream; or other knowledge based on information 
included in manifests, shipping papers, or waste certification notices.
    (ii) If test data are used as the basis for knowledge, 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 organic concentration test 
data for the hazardous waste stream that are validated in accordance 
with Method 301 in 40 CFR part 63, appendix A as the basis for 
knowledge of the waste.
    (iii) An owner or operator using chemical constituent-specific 
concentration test data as the basis for knowledge of the hazardous 
waste may adjust the test data to the corresponding average VO 
concentration value which would have been obtained had the waste 
samples been analyzed using Method 25D in 40 CFR part 60, appendix A. 
To adjust these data, the measured concentration for each individual 
chemical constituent contained in the waste is multiplied by the 
appropriate constituent-specific adjustment factor (fm25D).
    (iv) In the event that the Regional Administrator and the owner or 
operator disagree on a determination of the average VO concentration 
for a hazardous waste stream using knowledge, then the results from a 
determination of average VO concentration using direct measurement as 
specified in paragraph (a)(3) of this section shall be used to 
establish compliance with the applicable requirements of this subpart. 
The Regional Administrator may perform or request that the owner or 
operator perform this determination using direct measurement.
    (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

[[Page 59976]]

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 designate and record the specific 
provision in Sec. 265.1083(c)(2) of this subpart under 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)(3) through (b)(9) of this 
section.
    (3) Procedure to determine the average VO concentration of a 
hazardous waste at the point of waste treatment.
    (i) Identification. The owner or operator shall identify and record 
the point of waste treatment for the hazardous waste.
    (ii) Sampling. Samples of the hazardous waste stream shall be 
collected at the point of waste treatment in a manner such that 
volatilization of organics contained in the waste and in the subsequent 
sample is minimized and an adequately representative sample is 
collected and maintained for analysis by the selected method.
    (A) The averaging period to be used for determining the average VO 
concentration for the hazardous waste stream on a mass-weighted average 
basis shall be designated and recorded. The averaging period can 
represent any time interval that the owner or operator determines is 
appropriate for the hazardous waste stream but shall not exceed 1 year.
    (B) A sufficient number of samples, but no less than four samples, 
shall be collected for the hazardous waste stream to represent the 
complete range of compositions and quantities that occur during the 
entire averaging period due to normal variations in the operating 
conditions for the process treating the hazardous waste stream. 
Examples of such normal variations are seasonal variations in waste 
quantity or fluctuations in ambient temperature.
    (C) All samples shall be collected and handled in accordance with 
written procedures prepared by the owner or operator and documented in 
a site sampling plan. This plan shall describe the procedure by which 
representative samples of the hazardous waste stream are collected such 
that a minimum loss of organics occurs throughout the sample collection 
and handling process, and by which sample integrity is maintained. A 
copy of the written sampling plan shall be maintained on-site in the 
facility operating records. An example of an acceptable sampling plan 
includes a plan incorporating sample collection and handling procedures 
in accordance with the requirements specified in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication 
No. SW-846 (incorporated by reference--refer to Sec. 260.11(a) of this 
chapter), or in Method 25D in 40 CFR part 60, appendix A.
    (iii) Analysis. Each collected sample shall be prepared and 
analyzed in accordance with one or more of the methods listed in 
paragraphs (b)(3)(iii)(A) through (b)(3)(iii)(I) of this section, 
including appropriate quality assurance and quality control (QA/QC) 
checks and use of target compounds for calibration. If Method 25D in 40 
CFR part 60, appendix A is not used, then one or more methods should be 
chosen that are appropriate to ensure that the waste determination 
accounts for and reflects all organic compounds in the waste with 
Henry's law constant values at least 0.1 mole-fraction-in-the-gas-
phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be 
expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at 25 
degrees Celsius. Each of the analytical methods listed in paragraphs 
(b)(3)(iii)(B) through (b)(3)(iii)(G) of this section has an associated 
list of approved chemical compounds, for which EPA considers the method 
appropriate for measurement. If an owner or operator uses EPA Method 
624, 625, 1624, or 1625 in 40 CFR part 136, appendix A to analyze one 
or more compounds that are not on that method's published list, the 
Alternative Test Procedure contained in 40 CFR 136.4 and 136.5 must be 
followed. If an owner or operator uses EPA Method 8260(B) or 8270(C) in 
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods'', 
EPA Publication SW-846 (incorporated by reference--refer to 
Sec. 260.11(a) of this chapter) to analyze one or more compounds that 
are not on that method's published list, the procedures in paragraph 
(b)(3)(iii)(H) of this section must be followed. At the owner's or 
operator's discretion, the concentration of each individual chemical 
constituent measured in the waste by a method other than Method 25D may 
be corrected to the concentration had it been measured using Method 25D 
by multiplying the measured concentration by the constituent-specific 
adjustment factor (fm25D) as specified in paragraph (a)(4)(iii) of 
this section. Constituent-specific adjustment factors (fm25D) can 
be obtained by contacting the Waste and Chemical Processes Group, 
Office of Air Quality Planning and Standards, Research Triangle Park, 
NC 27711.
    (A) Method 25D in 40 CFR part 60, appendix A.
    (B) Method 624 in 40 CFR part 136, appendix A.
    (C) Method 625 in 40 CFR part 136, appendix A. Perform corrections 
to the compounds for which the analysis is being conducted based on the 
``accuracy as recovery'' using the factors in Table 7 of the method.
    (D) Method 1624 in 40 CFR part 136, appendix A.
    (E) Method 1625 in 40 CFR part 136, appendix A.
    (F) Method 8260(B) in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods'', EPA Publication SW-846, (incorporated by 
reference--refer to Sec. 260.11(a) of this chapter). Maintain a formal 
quality assurance program consistent with the requirements of Method 
8260(B). The quality assurance program shall include the following 
elements:
    (1) Documentation of site-specific procedures to minimize the loss 
of compounds due to volatilization, biodegradation, reaction, or 
sorption during the sample collection, storage, preparation, 
introduction, and analysis steps.
    (2) Measurement of the overall accuracy and precision of the 
specific procedures.
    (G) Method 8270(C) in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods'', EPA Publication SW-846, (incorporated by 
reference--refer to Sec. 260.11(a) of this chapter). Maintain a formal 
quality assurance program consistent with the requirements of Method 
8270(C). The quality assurance program shall include the following 
elements:
    (1) Documentation of site-specific procedures to minimize the loss 
of compounds due to volatilization, biodegradation, reaction, or 
sorption during the sample collection, storage, preparation, 
introduction, and analysis steps.
    (2) Measurement of the overall accuracy and precision of the 
specific procedures.
    (H) Any other EPA standard method that has been validated in 
accordance with ``Alternative Validation Procedure for EPA Waste and 
Wastewater Methods'', 40 CFR part 63, appendix D. As an alternative, 
other EPA standard methods may be validated by the procedure specified 
in paragraph (b)(3)(iii)(I) of this section.
    (I) Any other analysis method that has been validated in accordance 
with the procedures specified in Section 5.1 or Section 5.3, and the 
corresponding

[[Page 59977]]

calculations in Section 6.1 or Section 6.3, of Method 301 in 40 CFR 
part 63, appendix A. The data are acceptable if they meet the criteria 
specified in Section 6.1.5 or Section 6.3.3 of Method 301. If 
correction is required under section 6.3.3 of Method 301, the data are 
acceptable if the correction factor is within the range 0.7 to 1.30. 
Other sections of Method 301 are not required.
    (iv) Calculations. The average VO concentration (C) on a mass-
weighted basis shall be calculated by using the results for all samples 
analyzed in accordance with paragraph (b)(3)(iii) of this section and 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR25NO96.001

Where:

C= Average VO concentration of the hazardous waste at the point of 
waste treatment on a mass-weighted basis, ppmw.
i = Individual sample ``i'' of the hazardous waste.
n = Total number of samples of the hazardous waste collected (at least 
4) for the averaging period (not to exceed 1 year).
Qi = Mass quantity of hazardous waste stream represented by 
Ci, kg/hr.
QT = Total mass quantity of hazardous waste during the averaging 
period, kg/hr.
Ci = Measured VO concentration of sample ``i'' as determined in 
accordance with the requirements of Sec. 265.1084(b)(3)(iii) of this 
subpart, ppmw.

    (4) 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)(4)(i) of this section, then the exit concentration limit (Ct) 
shall be 500 ppmw.
    (iii) If more than one hazardous waste stream is identified in 
paragraph (b)(4)(i) of this section, then the average 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:
[GRAPHIC] [TIFF OMITTED] TR25NO96.002

Where:

Ct = Exit concentration limit for treated hazardous waste, ppmw.
x = Individual hazardous waste stream ``x'' that has an average VO 
concentration less than 500 ppmw at the point of waste origination as 
determined in accordance with the requirements of Sec. 265.1084(a) of 
this subpart.
y = Individual hazardous waste stream ``y'' that has an average VO 
concentration equal to or greater than 500 ppmw at the point of waste 
origination as determined in accordance with the requirements of 
Sec. 265.1084(a) of this subpart.
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) of this subpart, ppmw.

    (5) Procedure to determine the organic reduction efficiency (R) for 
a treated hazardous waste.
    (i) The organic reduction efficiency (R) for a treatment process 
shall be determined based on results for a minimum of three consecutive 
runs.
    (ii) All hazardous waste streams entering the treatment process and 
all hazardous waste streams exiting the treatment process shall be 
identified. The owner or operator shall prepare a sampling plan for 
measuring these streams that accurately reflects the retention time of 
the hazardous waste in the process.
    (iii) For each run, information shall be determined for each 
hazardous waste stream identified in paragraph (b)(5)(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 average VO concentration at the point of waste origination 
of each hazardous waste stream entering the process (Cb) during 
the run shall be determined in accordance with the requirements of 
paragraph (a)(3) of this section. The average VO concentration at the 
point of waste treatment of each waste stream exiting the process 
(Ca) during the run shall be determined in accordance with the 
requirements of paragraph (b)(3) of this section.
    (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)(5)(iii) of this section and the following 
equations:
[GRAPHIC] [TIFF OMITTED] TR25NO96.003

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''
Qb = Mass quantity of hazardous waste entering process during run 
``j,'' kg/hr.
Qa = Average mass quantity of hazardous waste exiting process 
during run ``j,'' kg/hr.
Ca = Average VO concentration of hazardous waste exiting process 
during run ``j'' as determined in accordance with the requirements of 
Sec. 265.1084(b)(3) of this subpart, ppmw.
Cb = Average VO concentration of hazardous waste entering process 
during run ``j'' as determined in accordance with the requirements of 
Sec. 265.1084(a)(3) of this subpart, ppmw.

    (v) The organic reduction efficiency of the process shall be 
calculated by using the results determined in accordance with paragraph 
(b)(5)(iv) of this section and the following equation:
[GRAPHIC] [TIFF OMITTED] TR25NO96.004

Where:

R = Organic reduction efficiency, percent.
Eb = Waste volatile organic mass flow entering process as 
determined in accordance with the requirements of paragraph (b)(5)(iv) 
of this section, kg/hr.
Ea = Waste volatile organic mass flow exiting process as 
determined in accordance with the requirements of paragraph (b)(5)(iv) 
of this section, kg/hr.


[[Page 59978]]


    (6) 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 Rbio shall be calculated by using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR25NO96.005

Where:

Rbio = Organic biodegradation efficiency, percent.
Fbio = Fraction of organic biodegraded as determined in accordance 
with the requirements of paragraph (b)(6)(i) of this section.

    (7) Procedure to determine the required organic mass removal rate 
(RMR) for a treated hazardous waste.
    (i) All of the hazardous waste streams entering the treatment 
process shall be identified.
    (ii) The average 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.
    (iii) For each individual hazardous waste stream that has an 
average VO concentration equal to or greater than 500 ppmw at the point 
of waste origination, the average volumetric flow rate and the density 
of the hazardous waste stream at the point of waste origination shall 
be determined.
    (iv) The RMR shall be calculated by using the average VO 
concentration, average volumetric flow rate, and density determined for 
each individual hazardous waste stream, and the following equation:
[GRAPHIC] [TIFF OMITTED] TR25NO96.006

Where:

RMR = Required organic mass removal rate, kg/hr.
y = Individual hazardous waste stream ``y'' that has an average VO 
concentration equal to or greater than 500 ppmw at the point of waste 
origination as determined in accordance with the requirements of 
Sec. 265.1084(a) of this subpart.
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, m\3\/hr.
ky = Density of hazardous waste stream ``y,'' kg/m\3\
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) of this subpart, ppmw.

    (8) Procedure to determine the actual organic mass removal rate 
(MR) for a treated hazardous waste.
    (i) The MR 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)(5)(iv) of this section.
    (iii) The MR shall be calculated by using the mass flow rate 
determined in accordance with the requirements of paragraph (b)(8)(ii) 
of this section and the following equation:

Where:

MR = Eb -Ea
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)(5)(iv) 
of this section, kg/hr.
Ea = Waste volatile organic mass flow exiting process as 
determined in accordance with the requirements of paragraph (b)(5)(iv) 
of this section, kg/hr.

    (9) Procedure to determine the actual organic mass biodegradation 
rate (MRbio) for a treated hazardous waste.
    (i) The MRbio 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)(5)(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 
of this chapter.
    (iv) The MRbio shall be calculated by using the mass flow 
rates and fraction of organic biodegraded determined in accordance with 
the requirements of paragraphs (b)(9)(ii) and (b)(9)(iii), 
respectively, of this section and the following equation:

Where:

MRbio = Eb  x Fbio

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)(5)(iv) of this 
section, kg/hr.
Fbio = Fraction of organic biodegraded as determined in accordance 
with the requirements of paragraph (b)(9)(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 Tank Level 1 
controls in accordance with the 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) Direct measurement to determine the maximum organic vapor 
pressure of a hazardous waste.
    (i) Sampling. A sufficient number of samples shall be collected to 
be representative of the waste contained in the tank. All samples shall 
be collected and handled in accordance with written procedures prepared 
by the owner or operator and documented in a site sampling plan. This 
plan shall describe the procedure by which representative samples of 
the hazardous waste are collected such that a minimum loss of organics 
occurs throughout the sample collection and handling process and by 
which sample integrity is maintained. A copy of the written sampling 
plan shall be maintained on-site in the facility operating records. An 
example of an acceptable sampling plan includes a plan incorporating 
sample collection and handling procedures in accordance with the 
requirements specified in ``Test

[[Page 59979]]

Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA 
Publication No. SW-846, (incorporated by reference--refer to 
Sec. 260.11(a) of this chapter), or in Method 25D in 40 CFR part 60, 
appendix A.
    (ii) Analysis. Any appropriate one of the following methods may be 
used to analyze the samples and compute the maximum organic vapor 
pressure of the hazardous waste:
    (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); and
    (E) Any other method approved by the Regional Administrator.
    (4) Use of knowledge to determine the maximum organic vapor 
pressure of the hazardous waste. Documentation shall be prepared and 
recorded that presents the information used as the basis for the 
owner's or operator's knowledge that the maximum organic vapor pressure 
of the hazardous waste is less than the maximum vapor pressure limit 
listed in Sec. 265.1085(b)(1)(i) of this subpart for the applicable 
tank design capacity category. An example of information that may be 
used is documentation that the hazardous 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 tank 
design capacity category.
    (d) Procedure for determining no detectable organic emissions for 
the purpose of complying with this subpart:
    (1) The test shall be conducted in accordance with the procedures 
specified in Method 21 of 40 CFR part 60, appendix A. Each potential 
leak interface (i.e., a location where organic vapor leakage could 
occur) on the cover and associated closure devices shall be checked. 
Potential leak interfaces that are associated with covers and closure 
devices include, but are not limited to: The interface of the cover and 
its foundation mounting; the periphery of any opening on the cover and 
its associated closure device; and the sealing seat interface on a 
spring-loaded pressure relief valve.
    (2) The test shall be performed when the unit contains a hazardous 
waste having an organic concentration representative of the range of 
concentrations for the hazardous waste expected to be managed in the 
unit. During the test, the cover and closure devices shall be secured 
in the closed position.
    (3) The detection instrument shall meet the performance criteria of 
Method 21 of 40 CFR part 60, appendix A, except the instrument response 
factor criteria in section 3.1.2(a) of Method 21 shall be for the 
average composition of the organic constituents in the hazardous waste 
placed in the waste management unit, not for each individual organic 
constituent.
    (4) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in Method 21 of 40 CFR part 
60, appendix A.
    (5) Calibration gases shall be as follows:
    (i) Zero air (less than 10 ppmv hydrocarbon in air), and
    (ii) A mixture of methane in air at a concentration of 
approximately, but less than 10,000 ppmv.
    (6) The background level shall be determined according to the 
procedures in Method 21 of 40 CFR part 60, appendix A.
    (7) Each potential leak interface shall be checked by traversing 
the instrument probe around the potential leak interface as close to 
the interface as possible, as described in Method 21 of 40 CFR part 60, 
appendix A. In the case when the configuration of the cover or closure 
device prevents a complete traverse of the interface, all accessible 
portions of the interface shall be sampled. In the case when the 
configuration of the closure device prevents any sampling at the 
interface and the device is equipped with an enclosed extension or horn 
(e.g., some pressure relief devices), the instrument probe inlet shall 
be placed at approximately the center of the exhaust area to the 
atmosphere.
    (8) The arithmetic difference between the maximum organic 
concentration indicated by the instrument and the background level 
shall be compared with the value of 500 ppmv except when monitoring a 
seal around a rotating shaft that passes through a cover opening, in 
which case the comparison shall be as specified in paragraph (d)(9) of 
this section. If the difference is less than 500 ppmv, then the 
potential leak interface is determined to operate with no detectable 
organic emissions.
    (9) For the seals around a rotating shaft that passes through a 
cover opening, the arithmetic difference between the maximum organic 
concentration indicated by the instrument and the background level 
shall be compared with the value of 10,000 ppmw. If the difference is 
less than 10,000 ppmw, then the potential leak interface is determined 
to operate with no detectable organic emissions.
    42. Section 265.1085 is revised to read as follows:


Sec. 265.1085  Standards: Tanks.

    (a) The provisions of this section apply to the control of air 
pollutant emissions from tanks for which Sec. 265.1083(b) of this 
subpart references the use of this section for such air emission 
control.
    (b) The owner or operator shall control air pollutant emissions 
from each tank subject to this section in accordance with the following 
requirements, as applicable:
    (1) For a tank that manages hazardous waste that meets all of the 
conditions specified in paragraphs (b)(1)(i) through (b)(1)(iii) of 
this section, the owner or operator shall control air pollutant 
emissions from the tank in accordance with the Tank Level 1 controls 
specified in paragraph (c) of this section or the Tank Level 2 controls 
specified in paragraph (d) of this section.
    (i) The hazardous waste in the tank has a maximum organic vapor 
pressure which is less than the maximum organic vapor pressure limit 
for the tank's design capacity category as follows:
    (A) For a tank design capacity equal to or greater than 151 m\3\, 
the maximum organic vapor pressure limit for the tank is 5.2 kPa.
    (B) For a tank design capacity equal to or greater than 75 m\3\ but 
less than 151 m\3\, the maximum organic vapor pressure limit for the 
tank is 27.6 kPa.
    (C) For a tank design capacity less than 75 m\3\, the maximum 
organic vapor pressure limit for the tank is 76.6 kPa.
    (ii) The hazardous waste in the tank is not heated by the owner or 
operator to a temperature that is greater than the temperature at which 
the maximum organic vapor pressure of the hazardous waste is determined 
for the purpose of complying with paragraph (b)(1)(i) of this section.
    (iii) The hazardous waste in the tank is not treated by the owner 
or operator using a waste stabilization process, as defined in 
Sec. 265.1081 of this subpart.
    (2) For a tank that manages hazardous waste that does not meet all 
of the conditions specified in paragraphs (b)(1)(i) through (b)(1)(iii) 
of this section, the owner or operator shall control air pollutant 
emissions from the tank by using Tank Level 2 controls in accordance 
with the requirements of

[[Page 59980]]

paragraph (d) of this section. Examples of tanks required to use Tank 
Level 2 controls include: A tank used for a waste stabilization 
process; and a tank for which the hazardous waste in the tank has a 
maximum organic vapor pressure that is equal to or greater than the 
maximum organic vapor pressure limit for the tank's design capacity 
category as specified in paragraph (b)(1)(i) of this section.
    (c) Owners and operators controlling air pollutant emissions from a 
tank using Tank Level 1 controls shall meet the requirements specified 
in paragraphs (c)(1) through (c)(4) of this section:
    (1) The owner or operator shall determine the maximum organic vapor 
pressure for a hazardous waste to be managed in the tank using Tank 
Level 1 controls before the first time the hazardous waste is placed in 
the tank. The maximum organic vapor pressure shall be determined using 
the procedures specified in Sec. 265.1084(c) of this subpart. 
Thereafter, the owner or operator shall perform a new determination 
whenever changes to the hazardous waste managed in the tank could 
potentially cause the maximum organic vapor pressure to increase to a 
level that is equal to or greater than the maximum organic vapor 
pressure limit for the tank design capacity category specified in 
paragraph (b)(1)(i) of this section, as applicable to the tank.
    (2) The tank shall be equipped with a fixed roof designed to meet 
the following specifications:
    (i) The fixed roof and its closure devices shall be designed to 
form a continuous barrier over the entire surface area of the hazardous 
waste in the tank. The fixed roof may be a separate cover installed on 
the tank (e.g., a removable cover mounted on an open-top tank) or may 
be an integral part of the tank structural design (e.g., a horizontal 
cylindrical tank equipped with a hatch).
    (ii) The fixed roof shall be installed in a manner such that there 
are no visible cracks, holes, gaps, or other open spaces between roof 
section joints or between the interface of the roof edge and the tank 
wall.
    (iii) Each opening in the fixed roof shall be either:
    (A) Equipped with a closure device designed to operate such that 
when the closure device is secured in the closed position there are no 
visible cracks, holes, gaps, or other open spaces in the closure device 
or between the perimeter of the opening and the closure device; or
    (B) Connected by a closed-vent system that is vented to a control 
device. The control device shall remove or destroy organics in the vent 
stream, and it shall be operating whenever hazardous waste is managed 
in the tank.
    (iv) The fixed roof and its closure devices shall be made of 
suitable materials that will minimize exposure of the hazardous waste 
to the atmosphere, to the extent practical, and will maintain the 
integrity of the fixed roof and closure devices throughout their 
intended service life. Factors to be considered when selecting the 
materials for and designing the fixed roof and closure devices shall 
include: Organic vapor permeability, the effects of any contact with 
the hazardous waste or its vapors managed in the tank; the effects of 
outdoor exposure to wind, moisture, and sunlight; and the operating 
practices used for the tank on which the fixed roof is installed.
    (3) Whenever a hazardous waste is in the tank, the fixed roof shall 
be installed with each closure device secured in the closed position 
except as follows:
    (i) Opening of closure devices or removal of the fixed roof is 
allowed at the following times:
    (A) To provide access to the tank for performing routine 
inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample the liquid in the tank, or when a 
worker needs to open a hatch to maintain or repair equipment. Following 
completion of the activity, the owner or operator shall promptly secure 
the closure device in the closed position or reinstall the cover, as 
applicable, to the tank.
    (B) To remove accumulated sludge or other residues from the bottom 
of tank.
    (ii) Opening of a spring-loaded pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which 
vents to the atmosphere is allowed during normal operations for the 
purpose of maintaining the tank internal pressure in accordance with 
the tank design specifications. The device shall be designed to operate 
with no detectable organic emissions when the device is secured in the 
closed position. The settings at which the device opens shall be 
established such that the device remains in the closed position 
whenever the tank internal pressure is within the internal pressure 
operating range determined by the owner or operator based on the tank 
manufacturer recommendations, applicable regulations, fire protection 
and prevention codes, standard engineering codes and practices, or 
other requirements for the safe handling of flammable, ignitable, 
explosive, reactive, or hazardous materials. Examples of normal 
operating conditions that may require these devices to open are during 
those times when the tank internal pressure exceeds the internal 
pressure operating range for the tank as a result of loading operations 
or diurnal ambient temperature fluctuations.
    (iii) Opening of a safety device, as defined in Sec. 265.1081 of 
this subpart, is allowed at any time conditions require doing so to 
avoid an unsafe condition.
    (4) The owner or operator shall inspect the air emission control 
equipment in accordance with the following requirements.
    (i) The fixed roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air pollutant emissions. Defects include, but are not limited 
to, visible cracks, holes, or gaps in the roof sections or between the 
roof and the tank wall; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices.
    (ii) The owner or operator shall perform an initial inspection of 
the fixed roof and its closure devices on or before the date that the 
tank becomes subject to this section. Thereafter, the owner or operator 
shall perform the inspections at least once every year except under the 
special conditions provided for in paragraph (l) of this section.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of 
paragraph (k) of this section.
    (iv) The owner or operator shall maintain a record of the 
inspection in accordance with the requirements specified in 
Sec. 265.1090(b) of this subpart.
    (d) Owners and operators controlling air pollutant emissions from a 
tank using Tank Level 2 controls shall use one of the following tanks:
    (1) A fixed-roof tank equipped with an internal floating roof in 
accordance with the requirements specified in paragraph (e) of this 
section;
    (2) A tank equipped with an external floating roof in accordance 
with the requirements specified in paragraph (f) of this section;
    (3) A tank vented through a closed-vent system to a control device 
in accordance with the requirements specified in paragraph (g) of this 
section;
    (4) A pressure tank designed and operated in accordance with the

[[Page 59981]]

requirements specified in paragraph (h) of this section; or
    (5) A tank located inside an enclosure that is vented through a 
closed-vent system to an enclosed combustion control device in 
accordance with the requirements specified in paragraph (i) of this 
section.
    (e) The owner or operator who controls air pollutant emissions from 
a tank using a fixed-roof with an internal floating roof shall meet the 
requirements specified in paragraphs (e)(1) through (e)(3) of this 
section.
    (1) The tank shall be equipped with a fixed roof and an internal 
floating roof in accordance with the following requirements:
    (i) The internal floating roof shall be designed to float on the 
liquid surface except when the floating roof must be supported by the 
leg supports.
    (ii) The internal floating roof shall be equipped with a continuous 
seal between the wall of the tank and the floating roof edge that meets 
either of the following requirements:
    (A) A single continuous seal that is either a liquid-mounted seal 
or a metallic shoe seal, as defined in Sec. 265.1081 of this subpart; 
or
    (B) Two continuous seals mounted one above the other. The lower 
seal may be a vapor-mounted seal.
    (iii) The internal floating roof shall meet the following 
specifications:
    (A) 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 liquid surface.
    (B) Each opening in the internal floating roof shall be equipped 
with a gasketed cover or a gasketed lid except for leg sleeves, 
automatic bleeder vents, rim space vents, column wells, ladder wells, 
sample wells, and stub drains.
    (C) Each penetration of the internal floating roof for the purpose 
of sampling shall have a slit fabric cover that covers at least 90 
percent of the opening.
    (D) Each automatic bleeder vent and rim space vent shall be 
gasketed.
    (E) Each penetration of the internal floating roof that allows for 
passage of a ladder shall have a gasketed sliding cover.
    (F) 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.
    (2) The owner or operator shall operate the tank in accordance with 
the following requirements:
    (i) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and 
shall be completed as soon as practical.
    (ii) Automatic bleeder vents are to be set closed at all times when 
the roof is floating, except when the roof is being floated off or is 
being landed on the leg supports.
    (iii) Prior to filling the tank, each cover, access hatch, gauge 
float well or lid on any opening in the internal floating roof shall be 
bolted or fastened closed (i.e., no visible gaps). Rim space vents are 
to be set to open only when the internal floating roof is not floating 
or when the pressure beneath the rim exceeds the manufacturer's 
recommended setting.
    (3) The owner or operator shall inspect the internal floating roof 
in accordance with the procedures specified as follows:
    (i) The floating roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air pollutant emissions. Defects include, but are not limited 
to: The internal floating roof is not floating on the surface of the 
liquid inside the tank; liquid has accumulated on top of the internal 
floating roof; any portion of the roof seals have detached from the 
roof rim; holes, tears, or other openings are visible in the seal 
fabric; the gaskets no longer close off the hazardous waste surface 
from the atmosphere; or the slotted membrane has more than 10 percent 
open area.
    (ii) The owner or operator shall inspect the internal floating roof 
components as follows except as provided in paragraph (e)(3)(iii) of 
this section:
    (A) Visually inspect the internal floating roof components through 
openings on the fixed-roof (e.g., manholes and roof hatches) at least 
once every 12 months after initial fill, and
    (B) Visually inspect the internal floating roof, primary seal, 
secondary seal (if one is in service), gaskets, slotted membranes, and 
sleeve seals (if any) each time the tank is emptied and degassed and at 
least every 10 years.
    (iii) As an alternative to performing the inspections specified in 
paragraph (e)(3)(ii) of this section for an internal floating roof 
equipped with two continuous seals mounted one above the other, the 
owner or operator may visually inspect the internal floating roof, 
primary and secondary seals, gaskets, slotted membranes, and sleeve 
seals (if any) each time the tank is emptied and degassed and at least 
every 5 years.
    (iv) Prior to each inspection required by paragraph (e)(3)(ii) or 
(e)(3)(iii) of this section, the owner or operator shall notify the 
Regional Administrator in advance of each inspection to provide the 
Regional Administrator with the opportunity to have an observer present 
during the inspection. The owner or operator shall notify the Regional 
Administrator of the date and location of the inspection as follows:
    (A) Prior to each visual inspection of an internal floating roof in 
a tank that has been emptied and degassed, written notification shall 
be prepared and sent by the owner or operator so that it is received by 
the Regional Administrator at least 30 calendar days before refilling 
the tank except when an inspection is not planned as provided for in 
paragraph (e)(3)(iv)(B) of this section.
    (B) When a visual inspection is not planned and the owner or 
operator could not have known about the inspection 30 calendar days 
before refilling the tank, the owner or operator shall notify the 
Regional Administrator as soon as possible, but no later than 7 
calendar days before refilling of the tank. This notification may be 
made by telephone and immediately followed by a written explanation for 
why the inspection is unplanned. Alternatively, written notification, 
including the explanation for the unplanned inspection, may be sent so 
that it is received by the Regional Administrator at least 7 calendar 
days before refilling the tank.
    (v) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of 
paragraph (k) of this section.
    (vi) The owner or operator shall maintain a record of the 
inspection in accordance with the requirements specified in 
Sec. 265.1090(b) of this subpart.
    (f) The owner or operator who controls air pollutant emissions from 
a tank using an external floating roof shall meet the requirements 
specified in paragraphs (f)(1) through (f)(3) of this section.
    (1) The owner or operator shall design the external floating roof 
in accordance with the following requirements:
    (i) The external floating roof shall be designed to float on the 
liquid surface except when the floating roof must be supported by the 
leg supports.
    (ii) The floating roof shall be equipped with two continuous seals, 
one above the other, between the wall of the tank and the roof edge. 
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 a liquid-mounted seal or a metallic 
shoe seal, as defined in Sec. 265.1081 of this subpart. The total area 
of the gaps between the

[[Page 59982]]

tank wall and the primary seal shall not exceed 212 square centimeters 
(cm2) per meter of tank diameter, and the width of any portion of 
these gaps shall not exceed 3.8 centimeters (cm). If a metallic shoe 
seal is used for the primary seal, the metallic shoe seal shall be 
designed so that one end extends into the liquid in the tank and the 
other end extends a vertical distance of at least 61 centimeters above 
the liquid surface.
    (B) The secondary seal shall be mounted above the primary seal and 
cover the annular space between the floating roof and the wall of the 
tank. The total area of the gaps between the tank wall and the 
secondary seal shall not exceed 21.2 square centimeters (cm2) per 
meter of tank diameter, and the width of any portion of these gaps 
shall not exceed 1.3 centimeters (cm).
    (iii) The external floating roof shall meet the following 
specifications:
    (A) Except for automatic bleeder vents (vacuum breaker vents) and 
rim space vents, each opening in a noncontact external floating roof 
shall provide a projection below the liquid surface.
    (B) Except for automatic bleeder vents, rim space vents, roof 
drains, and leg sleeves, each opening in the roof shall be equipped 
with a gasketed cover, seal, or lid.
    (C) Each access hatch and each gauge float well shall be equipped 
with a cover designed to be bolted or fastened when the cover is 
secured in the closed position.
    (D) Each automatic bleeder vent and each rim space vent shall be 
equipped with a gasket.
    (E) Each roof drain that empties into the liquid managed in the 
tank shall be equipped with a slotted membrane fabric cover that covers 
at least 90 percent of the area of the opening.
    (F) Each unslotted and slotted guide pole well shall be equipped 
with a gasketed sliding cover or a flexible fabric sleeve seal.
    (G) Each unslotted guide pole shall be equipped with a gasketed cap 
on the end of the pole.
    (H) Each slotted guide pole shall be equipped with a gasketed float 
or other device which closes off the liquid surface from the 
atmosphere.
    (I) Each gauge hatch and each sample well shall be equipped with a 
gasketed cover.
    (2) The owner or operator shall operate the tank in accordance with 
the following requirements:
    (i) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and 
shall be completed as soon as practical.
    (ii) Except for automatic bleeder vents, rim space vents, roof 
drains, and leg sleeves, each opening in the roof shall be secured and 
maintained in a closed position at all times except when the closure 
device must be open for access.
    (iii) Covers on each access hatch and each gauge float well shall 
be bolted or fastened when secured in the closed position.
    (iv) Automatic bleeder vents shall be set closed at all times when 
the roof is floating, except when the roof is being floated off or is 
being landed on the leg supports.
    (v) Rim space vents shall be set to open only at those times that 
the roof is being floated off the roof leg supports or when the 
pressure beneath the rim seal exceeds the manufacturer's recommended 
setting.
    (vi) The cap on the end of each unslotted guide pole shall be 
secured in the closed position at all times except when measuring the 
level or collecting samples of the liquid in the tank.
    (vii) The cover on each gauge hatch or sample well shall be secured 
in the closed position at all times except when the hatch or well must 
be opened for access.
    (viii) Both the primary seal and 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 during 
inspections.
    (3) The owner or operator shall inspect the external floating roof 
in accordance with the procedures specified as follows:
    (i) The owner or operator shall measure the external floating roof 
seal gaps in accordance with the following requirements:
    (A) The owner or operator shall perform measurements of gaps 
between the tank wall and the primary seal within 60 calendar days 
after initial operation of the tank following installation of the 
floating roof and, thereafter, at least once every 5 years.
    (B) The owner or operator shall perform measurements of gaps 
between the tank wall and the secondary seal within 60 calendar days 
after initial operation of the tank following installation of the 
floating roof and, thereafter, at least once every year.
    (C) If a tank ceases to hold hazardous waste for a period of 1 year 
or more, subsequent introduction of hazardous waste into the tank shall 
be considered an initial operation for the purposes of paragraphs 
(f)(3)(i)(A) and (f)(3)(i)(B) of this section.
    (D) The owner or operator shall determine the total surface area of 
gaps in the primary seal and in the secondary seal individually using 
the following procedure:
    (1) The seal gap measurements shall be performed at one or more 
floating roof levels when the roof is floating off the roof supports.
    (2) Seal gaps, if any, shall be measured around the entire 
perimeter of the floating roof in each place where a 0.32-centimeter 
(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.
    (3) For a seal gap measured under paragraph (f)(3) of this section, 
the gap surface area shall be determined 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.
    (4) The total gap area shall be calculated by adding the gap 
surface areas determined for each identified gap location for the 
primary seal and the secondary seal individually, and then dividing the 
sum for each seal type by the nominal perimeter of the tank. These 
total gap areas for the primary seal and secondary seal are then are 
compared to the respective standards for the seal type as specified in 
paragraph (f)(1)(ii) of this section.
    (E) In the event that the seal gap measurements do not conform to 
the specifications in paragraph (f)(1)(ii) of this section, the owner 
or operator shall repair the defect in accordance with the requirements 
of paragraph (k) of this section.
    (F) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 265.1090(b) of 
this subpart.
    (ii) The owner or operator shall visually inspect the external 
floating roof in accordance with the following requirements:
    (A) The floating roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air pollutant emissions. Defects include, but are not limited 
to: Holes, tears, or other openings in the rim seal or seal fabric of 
the floating roof; a rim seal detached from the floating roof; all or a 
portion of the floating roof deck being submerged below the surface of 
the liquid in the tank; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices.

[[Page 59983]]

    (B) The owner or operator shall perform an initial inspection of 
the external floating roof and its closure devices on or before the 
date that the tank becomes subject to this section. Thereafter, the 
owner or operator shall perform the inspections at least once every 
year except for the special conditions provided for in paragraph (l) of 
this section.
    (C) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of 
paragraph (k) of this section.
    (D) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 265.1090(b) of 
this subpart.
    (iii) Prior to each inspection required by paragraph (f)(3)(i) or 
(f)(3)(ii) of this section, the owner or operator shall notify the 
Regional Administrator in advance of each inspection to provide the 
Regional Administrator with the opportunity to have an observer present 
during the inspection. The owner or operator shall notify the Regional 
Administrator of the date and location of the inspection as follows:
    (A) Prior to each inspection to measure external floating roof seal 
gaps as required under paragraph (f)(3)(i) of this section, written 
notification shall be prepared and sent by the owner or operator so 
that it is received by the Regional Administrator at least 30 calendar 
days before the date the measurements are scheduled to be performed.
    (B) Prior to each visual inspection of an external floating roof in 
a tank that has been emptied and degassed, written notification shall 
be prepared and sent by the owner or operator so that it is received by 
the Regional Administrator at least 30 calendar days before refilling 
the tank except when an inspection is not planned as provided for in 
paragraph (f)(3)(iii)(C) of this section.
    (C) When a visual inspection is not planned and the owner or 
operator could not have known about the inspection 30 calendar days 
before refilling the tank, the owner or operator shall notify the 
Regional Administrator as soon as possible, but no later than 7 
calendar days before refilling of the tank. This notification may be 
made by telephone and immediately followed by a written explanation for 
why the inspection is unplanned. Alternatively, written notification, 
including the explanation for the unplanned inspection, may be sent so 
that it is received by the Regional Administrator at least 7 calendar 
days before refilling the tank.
    (g) The owner or operator who controls air pollutant emissions from 
a tank by venting the tank to a control device shall meet the 
requirements specified in paragraphs (g)(1) through (g)(3) of this 
section.
    (1) The tank shall be covered by a fixed roof and vented directly 
through a closed-vent system to a control device in accordance with the 
following requirements:
    (i) The fixed roof and its closure devices shall be designed to 
form a continuous barrier over the entire surface area of the liquid in 
the tank.
    (ii) Each opening in the fixed roof not vented to the control 
device shall be equipped with a closure device. If the pressure in the 
vapor headspace underneath the fixed roof is less than atmospheric 
pressure when the control device is operating, the closure devices 
shall be designed to operate such that when the closure device is 
secured in the closed position there are no visible cracks, holes, 
gaps, or other open spaces in the closure device or between the 
perimeter of the cover opening and the closure device. If the pressure 
in the vapor headspace underneath the fixed roof is equal to or greater 
than atmospheric pressure when the control device is operating, the 
closure device shall be designed to operate with no detectable organic 
emissions.
    (iii) The fixed roof and its closure devices shall be made of 
suitable materials that will minimize exposure of the hazardous waste 
to the atmosphere, to the extent practical, and will maintain the 
integrity of the fixed roof and closure devices throughout their 
intended service life. Factors to be considered when selecting the 
materials for and designing the fixed roof and closure devices shall 
include: Organic vapor permeability, the effects of any contact with 
the liquid and its vapor managed in the tank; the effects of outdoor 
exposure to wind, moisture, and sunlight; and the operating practices 
used for the tank on which the fixed roof is installed.
    (iv) The closed-vent system and control device shall be designed 
and operated in accordance with the requirements of Sec. 265.1088 of 
this subpart.
    (2) Whenever a hazardous waste is in the tank, the fixed roof shall 
be installed with each closure device secured in the closed position 
and the vapor headspace underneath the fixed roof vented to the control 
device except as follows:
    (i) Venting to the control device is not required, and opening of 
closure devices or removal of the fixed roof is allowed at the 
following times:
    (A) To provide access to the tank for performing routine 
inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample liquid in the tank, or when a 
worker needs to open a hatch to maintain or repair equipment. Following 
completion of the activity, the owner or operator shall promptly secure 
the closure device in the closed position or reinstall the cover, as 
applicable, to the tank.
    (B) To remove accumulated sludge or other residues from the bottom 
of a tank.
    (ii) Opening of a safety device, as defined in Sec. 265.1081 of 
this subpart, is allowed at any time conditions require doing so to 
avoid an unsafe condition.
    (3) The owner or operator shall inspect and monitor the air 
emission control equipment in accordance with the following procedures:
    (i) The fixed roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air pollutant emissions. Defects include, but are not limited 
to, visible cracks, holes, or gaps in the roof sections or between the 
roof and the tank wall; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices.
    (ii) The closed-vent system and control device shall be inspected 
and monitored by the owner or operator in accordance with the 
procedures specified in Sec. 265.1088 of this subpart.
    (iii) The owner or operator shall perform an initial inspection of 
the air emission control equipment on or before the date that the tank 
becomes subject to this section. Thereafter, the owner or operator 
shall perform the inspections at least once every year except for the 
special conditions provided for in paragraph (l) of this section.
    (iv) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of 
paragraph (k) of this section.
    (v) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 265.1090(b) of 
this subpart.
    (h) The owner or operator who controls air pollutant emissions by 
using a pressure tank shall meet the following requirements.
    (1) The tank shall be designed not to vent to the atmosphere as a 
result of compression of the vapor headspace in the tank during filling 
of the tank to its design capacity.

[[Page 59984]]

    (2) All tank openings shall be equipped with closure devices 
designed to operate with no detectable organic emissions as determined 
using the procedure specified in Sec. 265.1084(d) of this subpart.
    (3) Whenever a hazardous waste is in the tank, the tank shall be 
operated as a closed system that does not vent to the atmosphere except 
in the event that a safety device, as defined in Sec. 265.1081 of this 
subpart, is required to open to avoid an unsafe condition.
    (i) The owner or operator who controls air pollutant emissions by 
using an enclosure vented through a closed-vent system to an enclosed 
combustion control device shall meet the requirements specified in 
paragraphs (i)(1) through (i)(4) of this section.
    (1) The tank shall be located inside an enclosure. The enclosure 
shall be designed and operated in accordance with the criteria for a 
permanent total enclosure as specified in ``Procedure T--Criteria for 
and Verification of a Permanent or Temporary Total Enclosure'' under 40 
CFR 52.741, Appendix B. The enclosure may have permanent or temporary 
openings to allow worker access; passage of material into or out of the 
enclosure by conveyor, vehicles, or other mechanical means; entry of 
permanent mechanical or electrical equipment; or direct airflow into 
the enclosure. The owner or operator shall perform the verification 
procedure for the enclosure as specified in Section 5.0 to ``Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' initially when the enclosure is first installed and, 
thereafter, annually.
    (2) The enclosure shall be vented through a closed-vent system to 
an enclosed combustion control device that is designed and operated in 
accordance with the standards for either a vapor incinerator, boiler, 
or process heater specified in Sec. 265.1088 of this subpart.
    (3) Safety devices, as defined in Sec. 265.1081 of this subpart, 
may be installed and operated as necessary on any enclosure, closed-
vent system, or control device used to comply with the requirements of 
paragraphs (i)(1) and (i)(2) of this section.
    (4) The owner or operator shall inspect and monitor the closed-vent 
system and control device as specified in Sec. 265.1088 of this 
subpart.
    (j) The owner or operator shall transfer hazardous waste to a tank 
subject to this section in accordance with the following requirements:
    (1) Transfer of hazardous waste, except as provided in paragraph 
(j)(2) of this section, to the tank from another tank subject to this 
section or from a surface impoundment subject to Sec. 265.1086 of this 
subpart shall be conducted using continuous hard-piping or another 
closed system that does not allow exposure of the hazardous waste to 
the atmosphere. For the purpose of complying with this provision, an 
individual drain system is considered to be a closed system when it 
meets the requirements of 40 CFR part 63, subpart RR--National Emission 
Standards for Individual Drain Systems.
    (2) The requirements of paragraph (j)(1) of this section do not 
apply when transferring a hazardous waste to the tank under any of the 
following conditions:
    (i) The hazardous waste meets the average VO concentration 
conditions specified in Sec. 265.1083(c)(1) of this subpart at the 
point of waste origination.
    (ii) The hazardous waste has been treated by an organic destruction 
or removal process to meet the requirements in Sec. 265.1083(c)(2) of 
this subpart.
    (k) The owner or operator shall repair each defect detected during 
an inspection performed in accordance with the requirements of 
paragraphs (c)(4), (e)(3), (f)(3), or (g)(3) of this section as 
follows:
    (1) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection, and repair shall 
be completed as soon as possible but no later than 45 calendar days 
after detection except as provided in paragraph (k)(2) of this section.
    (2) Repair of a defect may be delayed beyond 45 calendar days if 
the owner or operator determines that repair of the defect requires 
emptying or temporary removal from service of the tank and no 
alternative tank capacity is available at the site to accept the 
hazardous waste normally managed in the tank. In this case, the owner 
or operator shall repair the defect the next time the process or unit 
that is generating the hazardous waste managed in the tank stops 
operation. Repair of the defect shall be completed before the process 
or unit resumes operation.
    (l) Following the initial inspection and monitoring of the cover as 
required by the applicable provisions of this subpart, subsequent 
inspection and monitoring may be performed at intervals longer than 1 
year under the following special conditions:
    (1) In the case when inspecting or monitoring the cover would 
expose a worker to dangerous, hazardous, or other unsafe conditions, 
then the owner or operator may designate a cover as an ``unsafe to 
inspect and monitor cover'' and comply with all of the following 
requirements:
    (i) Prepare a written explanation for the cover stating the reasons 
why the cover is unsafe to visually inspect or to monitor, if required.
    (ii) Develop and implement a written plan and schedule to inspect 
and monitor the cover, using the procedures specified in the applicable 
section of this subpart, as frequently as practicable during those 
times when a worker can safely access the cover.
    (2) In the case when a tank is buried partially or entirely 
underground, an owner or operator is required to inspect and monitor, 
as required by the applicable provisions of this section, only those 
portions of the tank cover and those connections to the tank (e.g., 
fill ports, access hatches, gauge wells, etc.) that are located on or 
above the ground surface.
    43. Section 265.1086 is revised to read as follows:


Sec. 265.1086  Standards: surface impoundments.

    (a) The provisions of this section apply to the control of air 
pollutant emissions from surface impoundments for which 
Sec. 265.1083(b) of this subpart references the use of this section for 
such air emission control.
    (b) The owner or operator shall control air pollutant emissions 
from the surface impoundment by installing and operating either of the 
following:
    (1) A floating membrane cover in accordance with the provisions 
specified in paragraph (c) of this section; or
    (2) A cover that is vented through a closed-vent system to a 
control device in accordance with the provisions specified in paragraph 
(d) of this sections.
    (c) The owner or operator who controls air pollutant emissions from 
a surface impoundment using a floating membrane cover shall meet the 
requirements specified in paragraphs (c)(1) through (c)(3) of this 
section.
    (1) The surface impoundment shall be equipped with a floating 
membrane cover designed to meet the following specifications:
    (i) The floating membrane cover shall be designed to float on the 
liquid surface during normal operations and form a continuous barrier 
over the entire surface area of the liquid.
    (ii) The cover shall be fabricated from a synthetic membrane 
material that is either:
    (A) High density polyethylene (HDPE) with a thickness no less than 
2.5 millimeters (mm); or
    (B) A material or a composite of different materials determined to 
have

[[Page 59985]]

both organic permeability properties that are equivalent to those of 
the material listed in paragraph (c)(1)(ii)(A) of this section and 
chemical and physical properties that maintain the material integrity 
for the intended service life of the material.
    (iii) The cover shall be installed in a manner such that there are 
no visible cracks, holes, gaps, or other open spaces between cover 
section seams or between the interface of the cover edge and its 
foundation mountings.
    (iv) Except as provided for in paragraph (c)(1)(v) of this section, 
each opening in the floating membrane cover shall be equipped with a 
closure device designed to operate such that when the closure device is 
secured in the closed position there are no visible cracks, holes, 
gaps, or other open spaces in the closure device or between the 
perimeter of the cover opening and the closure device.
    (v) The floating membrane cover may be equipped with one or more 
emergency cover drains for removal of stormwater. Each emergency cover 
drain shall be equipped with a slotted membrane fabric cover that 
covers at least 90 percent of the area of the opening or a flexible 
fabric sleeve seal.
    (vi) The closure devices shall be made of suitable materials that 
will minimize exposure of the hazardous waste to the atmosphere, to the 
extent practical, and will maintain the integrity of the closure 
devices throughout their intended service life. Factors to be 
considered when selecting the materials of construction and designing 
the cover and closure devices shall include: Organic vapor 
permeability; the effects of any contact with the liquid and its vapor 
managed in the surface impoundment; the effects of outdoor exposure to 
wind, moisture, and sunlight; and the operating practices used for the 
surface impoundment on which the floating membrane cover is installed.
    (2) Whenever a hazardous waste is in the surface impoundment, the 
floating membrane cover shall float on the liquid and each closure 
device shall be secured in the closed position except as follows:
    (i) Opening of closure devices or removal of the cover is allowed 
at the following times:
    (A) To provide access to the surface impoundment for performing 
routine inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample the liquid in the surface 
impoundment, or when a worker needs to open a hatch to maintain or 
repair equipment. Following completion of the activity, the owner or 
operator shall promptly replace the cover and secure the closure device 
in the closed position, as applicable.
    (B) To remove accumulated sludge or other residues from the bottom 
of surface impoundment.
    (ii) Opening of a safety device, as defined in Sec. 265.1081 of 
this subpart, is allowed at any time conditions require doing so to 
avoid an unsafe condition.
    (3) The owner or operator shall inspect the floating membrane cover 
in accordance with the following procedures:
    (i) The floating membrane cover and its closure devices shall be 
visually inspected by the owner or operator to check for defects that 
could result in air pollutant emissions. Defects include, but are not 
limited to, visible cracks, holes, or gaps in the cover section seams 
or between the interface of the cover edge and its foundation 
mountings; broken, cracked, or otherwise damaged seals or gaskets on 
closure devices; and broken or missing hatches, access covers, caps, or 
other closure devices.
    (ii) The owner or operator shall perform an initial inspection of 
the floating membrane cover and its closure devices on or before the 
date that the surface impoundment becomes subject to this section. 
Thereafter, the owner or operator shall perform the inspections at 
least once every year except for the special conditions provided for in 
paragraph (g) of this section.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of 
paragraph (f) of this section.
    (iv) The owner or operator shall maintain a record of the 
inspection in accordance with the requirements specified in 
Sec. 265.1090(c) of this subpart.
    (d) The owner or operator who controls air pollutant emissions from 
a surface impoundment using a cover vented to a control device shall 
meet the requirements specified in paragraphs (d)(1) through (d)(3) of 
this section.
    (1) The surface impoundment shall be covered by a cover and vented 
directly through a closed-vent system to a control device in accordance 
with the following requirements:
    (i) The cover and its closure devices shall be designed to form a 
continuous barrier over the entire surface area of the liquid in the 
surface impoundment.
    (ii) Each opening in the cover not vented to the control device 
shall be equipped with a closure device. If the pressure in the vapor 
headspace underneath the cover is less than atmospheric pressure when 
the control device is operating, the closure devices shall be designed 
to operate such that when the closure device is secured in the closed 
position there are no visible cracks, holes, gaps, or other open spaces 
in the closure device or between the perimeter of the cover opening and 
the closure device. If the pressure in the vapor headspace underneath 
the cover is equal to or greater than atmospheric pressure when the 
control device is operating, the closure device shall be designed to 
operate with no detectable organic emissions using the procedure 
specified in Sec. 265.1084(d) of this subpart.
    (iii) The cover and its closure devices shall be made of suitable 
materials that will minimize exposure of the hazardous waste to the 
atmosphere, to the extent practical, and will maintain the integrity of 
the cover and closure devices throughout their intended service life. 
Factors to be considered when selecting the materials for and designing 
the cover and closure devices shall include: Organic vapor 
permeability; the effects of any contact with the liquid or its vapors 
managed in the surface impoundment; the effects of outdoor exposure to 
wind, moisture, and sunlight; and the operating practices used for the 
surface impoundment on which the cover is installed.
    (iv) The closed-vent system and control device shall be designed 
and operated in accordance with the requirements of Sec. 265.1088 of 
this subpart.
    (2) Whenever a hazardous waste is in the surface impoundment, the 
cover shall be installed with each closure device secured in the closed 
position and the vapor headspace underneath the cover vented to the 
control device except as follows:
    (i) Venting to the control device is not required, and opening of 
closure devices or removal of the cover is allowed at the following 
times:
    (A) To provide access to the surface impoundment for performing 
routine inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample liquid in the surface 
impoundment, or when a worker needs to open a hatch to maintain or 
repair equipment. Following completion of the activity, the owner or 
operator shall promptly secure the closure device in the closed 
position or reinstall the cover, as applicable, to the surface 
impoundment.

[[Page 59986]]

    (B) To remove accumulated sludge or other residues from the bottom 
of surface impoundment.
    (ii) Opening of a safety device, as defined in Sec. 265.1081 of 
this subpart, is allowed at any time conditions require doing so to 
avoid an unsafe condition.
    (3) The owner or operator shall inspect and monitor the air 
emission control equipment in accordance with the following procedures:
    (i) The surface impoundment cover and its closure devices shall be 
visually inspected by the owner or operator to check for defects that 
could result in air pollutant emissions. Defects include, but are not 
limited to, visible cracks, holes, or gaps in the cover section seams 
or between the interface of the cover edge and its foundation 
mountings; broken, cracked, or otherwise damaged seals or gaskets on 
closure devices; and broken or missing hatches, access covers, caps, or 
other closure devices.
    (ii) The closed-vent system and control device shall be inspected 
and monitored by the owner or operator in accordance with the 
procedures specified in Sec. 265.1088 of this subpart.
    (iii) The owner or operator shall perform an initial inspection of 
the air emission control equipment on or before the date that the 
surface impoundment becomes subject to this section. Thereafter, the 
owner or operator shall perform the inspections at least once every 
year except for the special conditions provided for in paragraph (g) of 
this section.
    (iv) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of 
paragraph (f) of this section.
    (v) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 265.1090(c) of 
this subpart.
    (e) The owner or operator shall transfer hazardous waste to a 
surface impoundment subject to this section in accordance with the 
following requirements:
    (1) Transfer of hazardous waste, except as provided in paragraph 
(e)(2) of this section, to the surface impoundment from another surface 
impoundment subject to this section or from a tank subject to 
Sec. 265.1085 of this subpart shall be conducted using continuous hard-
piping or another closed system that does not allow exposure of the 
waste to the atmosphere. For the purpose of complying with this 
provision, an individual drain system is considered to be a closed 
system when it meets the requirements of 40 CFR part 63, subpart RR--
National Emission Standards for Individual Drain Systems.
    (2) The requirements of paragraph (e)(1) of this section do not 
apply when transferring a hazardous waste to the surface impoundment 
under either of the following conditions:
    (i) The hazardous waste meets the average VO concentration 
conditions specified in Sec. 265.1083(c)(1) of this subpart at the 
point of waste origination.
    (ii) The hazardous waste has been treated by an organic destruction 
or removal process to meet the requirements in Sec. 265.1083(c)(2) of 
this subpart.
    (f) The owner or operator shall repair each defect detected during 
an inspection performed in accordance with the requirements of 
paragraph (c)(3) or (d)(3) of this section as follows:
    (1) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection, and repair shall 
be completed as soon as possible but no later than 45 calendar days 
after detection except as provided in paragraph (f)(2) of this section.
    (2) Repair of a defect may be delayed beyond 45 calendar days if 
the owner or operator determines that repair of the defect requires 
emptying or temporary removal from service of the surface impoundment 
and no alternative capacity is available at the site to accept the 
hazardous waste normally managed in the surface impoundment. In this 
case, the owner or operator shall repair the defect the next time the 
process or unit that is generating the hazardous waste managed in the 
tank stops operation. Repair of the defect shall be completed before 
the process or unit resumes operation.
    (g) Following the initial inspection and monitoring of the cover as 
required by the applicable provisions of this subpart, subsequent 
inspection and monitoring may be performed at intervals longer than 1 
year in the case when inspecting or monitoring the cover would expose a 
worker to dangerous, hazardous, or other unsafe conditions. In this 
case, the owner or operator may designate the cover as an ``unsafe to 
inspect and monitor cover'' and comply with all of the following 
requirements:
    (1) Prepare a written explanation for the cover stating the reasons 
why the cover is unsafe to visually inspect or to monitor, if required.
    (2) Develop and implement a written plan and schedule to inspect 
and monitor the cover using the procedures specified in the applicable 
section of this subpart as frequently as practicable during those times 
when a worker can safely access the cover.
    44. Section 265.1087 is revised to read as follows:


Sec. 265.1087  Standards: Containers.

    (a) The provisions of this section apply to the control of air 
pollutant emissions from containers for which Sec. 265.1083(b) of this 
subpart references the use of this section for such air emission 
control.
    (b) General requirements.
    (1) The owner or operator shall control air pollutant emissions 
from each container subject to this section in accordance with the 
following requirements, as applicable to the container, except when the 
special provisions for waste stabilization processes specified in 
paragraph (b)(2) of this section apply to the container.
    (i) For a container having a design capacity greater than 0.1 
m3 and less than or equal to 0.46 m3, the owner or operator 
shall control air pollutant emissions from the container in accordance 
with the Container Level 1 standards specified in paragraph (c) of this 
section.
    (ii) For a container having a design capacity greater than 0.46 
m3 that is not in light material service, the owner or operator 
shall control air pollutant emissions from the container in accordance 
with the Container Level 1 standards specified in paragraph (c) of this 
section.
    (iii) For a container having a design capacity greater than 0.46 
m3 that is in light material service, the owner or operator shall 
control air pollutant emissions from the container in accordance with 
the Container Level 2 standards specified in paragraph (d) of this 
section.
    (2) When a container having a design capacity greater than 0.1 
m3 is used for treatment of a hazardous waste by a waste 
stabilization process, the owner or operator shall control air 
pollutant emissions from the container in accordance with the Container 
Level 3 standards specified in paragraph (e) of this section at those 
times during the waste stabilization process when the hazardous waste 
in the container is exposed to the atmosphere.
    (c) Container Level 1 standards.
    (1) A container using Container Level 1 controls is one of the 
following:
    (i) A container that meets the applicable U.S. Department of 
Transportation (DOT) regulations on packaging hazardous materials for 
transportation as specified in paragraph (f) of this section.
    (ii) A container equipped with a cover and closure devices that 
form a

[[Page 59987]]

continuous barrier over the container openings such that when the cover 
and closure devices are secured in the closed position there are no 
visible holes, gaps, or other open spaces into the interior of the 
container. The cover may be a separate cover installed on the container 
(e.g., a lid on a drum or a suitably secured tarp on a roll-off box) or 
may be an integral part of the container structural design (e.g., a 
``portable tank'' or bulk cargo container equipped with a screw-type 
cap).
    (iii) An open-top container in which an organic-vapor suppressing 
barrier is placed on or over the hazardous waste in the container such 
that no hazardous waste is exposed to the atmosphere. One example of 
such a barrier is application of a suitable organic-vapor suppressing 
foam.
    (2) A container used to meet the requirements of paragraph 
(c)(1)(ii) or (c)(1)(iii) of this section shall be equipped with covers 
and closure devices, as applicable to the container, that are composed 
of suitable materials to minimize exposure of the hazardous waste to 
the atmosphere and to maintain the equipment integrity for as long as 
it is in service. Factors to be considered in selecting the materials 
of construction and designing the cover and closure devices shall 
include: Organic vapor permeability, the effects of contact with the 
hazardous waste or its vapor managed in the container; the effects of 
outdoor exposure of the closure device or cover material to wind, 
moisture, and sunlight; and the operating practices for which the 
container is intended to be used.
    (3) Whenever a hazardous waste is in a container using Container 
Level 1 controls, the owner or operator shall install all covers and 
closure devices for the container, as applicable to the container, and 
secure and maintain each closure device in the closed position except 
as follows:
    (i) Opening of a closure device or cover is allowed for the purpose 
of adding hazardous waste or other material to the container as 
follows:
    (A) In the case when the container is filled to the intended final 
level in one continuous operation, the owner or operator shall promptly 
secure the closure devices in the closed position and install the 
covers, as applicable to the container, upon conclusion of the filling 
operation.
    (B) In the case when discrete quantities or batches of material 
intermittently are added to the container over a period of time, the 
owner or operator shall promptly secure the closure devices in the 
closed position and install covers, as applicable to the container, 
upon either the container being filled to the intended final level; the 
completion of a batch loading after which no additional material will 
be added to the container within 15 minutes; the person performing the 
loading operation leaving the immediate vicinity of the container; or 
the shutdown of the process generating the material being added to the 
container, whichever condition occurs first.
    (ii) Opening of a closure device or cover is allowed for the 
purpose of removing hazardous waste from the container as follows:
    (A) For the purpose of meeting the requirements of this section, an 
empty container as defined in 40 CFR 261.7(b) may be open to the 
atmosphere at any time (i.e., covers and closure devices are not 
required to be secured in the closed position on an empty container).
    (B) In the case when discrete quantities or batches of material are 
removed from the container but the container does not meet the 
conditions to be an empty container as defined in 40 CFR 261.7(b), the 
owner or operator shall promptly secure the closure devices in the 
closed position and install covers, as applicable to the container, 
upon the completion of a batch removal after which no additional 
material will be removed from the container within 15 minutes or the 
person performing the unloading operation leaves the immediate vicinity 
of the container, whichever condition occurs first.
    (iii) Opening of a closure device or cover is allowed when access 
inside the container is needed to perform routine activities other than 
transfer of hazardous waste. Examples of such activities include those 
times when a worker needs to open a port to measure the depth of or 
sample the material in the container, or when a worker needs to open a 
manhole hatch to access equipment inside the container. Following 
completion of the activity, the owner or operator shall promptly secure 
the closure device in the closed position or reinstall the cover, as 
applicable to the container.
    (iv) Opening of a spring-loaded, pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which 
vents to the atmosphere is allowed during normal operations for the 
purpose of maintaining the container internal pressure in accordance 
with the design specifications of the container. The device shall be 
designed to operate with no detectable organic emissions when the 
device is secured in the closed position. The settings at which the 
device opens shall be established such that the device remains in the 
closed position whenever the internal pressure of the container is 
within the internal pressure operating range determined by the owner or 
operator based on container manufacturer recommendations, applicable 
regulations, fire protection and prevention codes, standard engineering 
codes and practices, or other requirements for the safe handling of 
flammable, ignitable, explosive, reactive, or hazardous materials. 
Examples of normal operating conditions that may require these devices 
to open are during those times when the internal pressure of the 
container exceeds the internal pressure operating range for the 
container as a result of loading operations or diurnal ambient 
temperature fluctuations.
    (v) Opening of a safety device, as defined in Sec. 265.1081 of this 
subpart, is allowed at any time conditions require doing so to avoid an 
unsafe condition.
    (4) The owner or operator of containers using Container Level 1 
controls shall inspect the containers and their covers and closure 
devices as follows:
    (i) In the case when a hazardous waste already is in the container 
at the time the owner or operator first accepts possession of the 
container at the facility and the container is not emptied (i.e., does 
not meet the conditions for an empty container as specified in 40 CFR 
261.7(b)) within 24 hours after the container is accepted at the 
facility, the owner or operator shall visually inspect the container 
and its cover and closure devices to check for visible cracks, holes, 
gaps, or other open spaces into the interior of the container when the 
cover and closure devices are secured in the closed position. If a 
defect is detected, the owner or operator shall repair the defect in 
accordance with the requirements of paragraph (c)(4)(iii) of this 
section.
    (ii) In the case when a container used for managing hazardous waste 
remains at the facility for a period of 1 year or more, the owner or 
operator shall visually inspect the container and its cover and closure 
devices initially and thereafter, at least once every 12 months, to 
check for visible cracks, holes, gaps, or other open spaces into the 
interior of the container when the cover and closure devices are 
secured in the closed position. If a defect is detected, the owner or 
operator shall repair the defect in accordance with the requirements of 
paragraph (c)(4)(iii) of this section.
    (iii) When a defect is detected for the container, cover, or 
closure devices, the owner or operator shall make first

[[Page 59988]]

efforts at repair of the defect no later than 24 hours after detection, 
and repair shall be completed as soon as possible but no later than 5 
calendar days after detection. If repair of a defect cannot be 
completed within 5 calendar days, then the hazardous waste shall be 
removed from the container and the container shall not be used to 
manage hazardous waste until the defect is repaired.
    (5) The owner or operator shall maintain at the facility a copy of 
the procedure used to determine that containers with capacity of 0.46 
m3 or greater, which do not meet applicable DOT regulations as 
specified in paragraph (f) of this section, are not managing hazardous 
waste in light material service.
    (d) Container Level 2 standards.
    (1) A container using Container Level 2 controls is one of the 
following:
    (i) A container that meets the applicable U.S. Department of 
Transportation (DOT) regulations on packaging hazardous materials for 
transportation as specified in paragraph (f) of this section.
    (ii) A container that operates with no detectable organic emissions 
as defined in Sec. 265.1081 of this subpart and determined in 
accordance with the procedure specified in paragraph (g) of this 
section.
    (iii) A container that has been demonstrated within the preceding 
12 months to be vapor-tight by using 40 CFR part 60, appendix A, Method 
27 in accordance with the procedure specified in paragraph (h) of this 
section.
    (2) Transfer of hazardous waste in or out of a container using 
Container Level 2 controls shall be conducted in such a manner as to 
minimize exposure of the hazardous waste to the atmosphere, to the 
extent practical, considering the physical properties of the hazardous 
waste and good engineering and safety practices for handling flammable, 
ignitable, explosive, reactive or other hazardous materials. Examples 
of container loading procedures that the EPA considers to meet the 
requirements of this paragraph include using any one of the following: 
A submerged-fill pipe or other submerged-fill method to load liquids 
into the container; a vapor-balancing system or a vapor-recovery system 
to collect and control the vapors displaced from the container during 
filling operations; or a fitted opening in the top of a container 
through which the hazardous waste is filled and subsequently purging 
the transfer line before removing it from the container opening.
    (3) Whenever a hazardous waste is in a container using Container 
Level 2 controls, the owner or operator shall install all covers and 
closure devices for the container, and secure and maintain each closure 
device in the closed position except as follows:
    (i) Opening of a closure device or cover is allowed for the purpose 
of adding hazardous waste or other material to the container as 
follows:
    (A) In the case when the container is filled to the intended final 
level in one continuous operation, the owner or operator shall promptly 
secure the closure devices in the closed position and install the 
covers, as applicable to the container, upon conclusion of the filling 
operation.
    (B) In the case when discrete quantities or batches of material 
intermittently are added to the container over a period of time, the 
owner or operator shall promptly secure the closure devices in the 
closed position and install covers, as applicable to the container, 
upon either the container being filled to the intended final level; the 
completion of a batch loading after which no additional material will 
be added to the container within 15 minutes; the person performing the 
loading operation leaving the immediate vicinity of the container; or 
the shutdown of the process generating the material being added to the 
container, whichever condition occurs first.
    (ii) Opening of a closure device or cover is allowed for the 
purpose of removing hazardous waste from the container as follows:
    (A) For the purpose of meeting the requirements of this section, an 
empty container as defined in 40 CFR 261.7(b) may be open to the 
atmosphere at any time (i.e., covers and closure devices are not 
required to be secured in the closed position on an empty container).
    (B) In the case when discrete quantities or batches of material are 
removed from the container but the container does not meet the 
conditions to be an empty container as defined in 40 CFR 261.7(b), the 
owner or operator shall promptly secure the closure devices in the 
closed position and install covers, as applicable to the container, 
upon the completion of a batch removal after which no additional 
material will be removed from the container within 15 minutes or the 
person performing the unloading operation leaves the immediate vicinity 
of the container, whichever condition occurs first.
    (iii) Opening of a closure device or cover is allowed when access 
inside the container is needed to perform routine activities other than 
transfer of hazardous waste. Examples of such activities include those 
times when a worker needs to open a port to measure the depth of or 
sample the material in the container, or when a worker needs to open a 
manhole hatch to access equipment inside the container. Following 
completion of the activity, the owner or operator shall promptly secure 
the closure device in the closed position or reinstall the cover, as 
applicable to the container.
    (iv) Opening of a spring-loaded, pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which 
vents to the atmosphere is allowed during normal operations for the 
purpose of maintaining the internal pressure of the container in 
accordance with the container design specifications. The device shall 
be designed to operate with no detectable organic emission when the 
device is secured in the closed position. The settings at which the 
device opens shall be established such that the device remains in the 
closed position whenever the internal pressure of the container is 
within the internal pressure operating range determined by the owner or 
operator based on container manufacturer recommendations, applicable 
regulations, fire protection and prevention codes, standard engineering 
codes and practices, or other requirements for the safe handling of 
flammable, ignitable, explosive, reactive, or hazardous materials. 
Examples of normal operating conditions that may require these devices 
to open are during those times when the internal pressure of the 
container exceeds the internal pressure operating range for the 
container as a result of loading operations or diurnal ambient 
temperature fluctuations.
    (v) Opening of a safety device, as defined in Sec. 265.1081 of this 
subpart, is allowed at any time conditions require doing so to avoid an 
unsafe condition.
    (4) The owner or operator of containers using Container Level 2 
controls shall inspect the containers and their covers and closure 
devices as follows:
    (i) In the case when a hazardous waste already is in the container 
at the time the owner or operator first accepts possession of the 
container at the facility and the container is not emptied (i.e., does 
not meet the conditions for an empty container as specified in 40 CFR 
261.7(b)) within 24 hours after the container arrives at the facility, 
the owner or operator shall visually inspect the container and its 
cover and closure devices to check for visible cracks, holes, gaps, or 
other open spaces into the interior of the container when the cover and 
closure devices are secured in the closed position. If a defect is

[[Page 59989]]

detected, the owner or operator shall repair the defect in accordance 
with the requirements of paragraph (d)(4)(iii) of this section.
    (ii) In the case when a container used for managing hazardous waste 
remains at the facility for a period of 1 year or more, the owner or 
operator shall visually inspect the container and its cover and closure 
devices initially and thereafter, at least once every 12 months, to 
check for visible cracks, holes, gaps, or other open spaces into the 
interior of the container when the cover and closure devices are 
secured in the closed position. If a defect is detected, the owner or 
operator shall repair the defect in accordance with the requirements of 
paragraph (d)(4)(iii) of this section.
    (iii) When a defect is detected for the container, cover, or 
closure devices, the owner or operator shall make first efforts at 
repair of the defect no later than 24 hours after detection, and repair 
shall be completed as soon as possible but no later than 5 calendar 
days after detection. If repair of a defect cannot be completed within 
5 calendar days, then the hazardous waste shall be removed from the 
container and the container shall not be used to manage hazardous waste 
until the defect is repaired.
    (e) Container Level 3 standards.
    (1) A container using Container Level 3 controls is one of the 
following:
    (i) A container that is vented directly through a closed-vent 
system to a control device in accordance with the requirements of 
paragraph (e)(2)(ii) of this section.
    (ii) A container that is vented inside an enclosure which is 
exhausted through a closed-vent system to a control device in 
accordance with the requirements of paragraphs (e)(2)(i) and (e)(2)(ii) 
of this section.
    (2) The owner or operator shall meet the following requirements, as 
applicable to the type of air emission control equipment selected by 
the owner or operator:
    (i) The container enclosure shall be designed and operated in 
accordance with the criteria for a permanent total enclosure as 
specified in ``Procedure T--Criteria for and Verification of a 
Permanent or Temporary Total Enclosure'' under 40 CFR 52.741, appendix 
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 direct airflow into the enclosure. The owner or operator 
shall perform the verification procedure for the enclosure as specified 
in Section 5.0 to ``Procedure T--Criteria for and Verification of a 
Permanent or Temporary Total Enclosure'' initially when the enclosure 
is first installed and, thereafter, annually.
    (ii) 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) Safety devices, as defined in Sec. 265.1081 of this subpart, 
may be installed and operated as necessary on any container, enclosure, 
closed-vent system, or control device used to comply with the 
requirements of paragraph (e)(1) of this section.
    (4) Owners and operators using Container Level 3 controls in 
accordance with the provisions of this subpart shall inspect and 
monitor the closed-vent systems and control devices as specified in 
Sec. 265.1088 of this subpart.
    (5) Owners and operators that use Container Level 3 controls in 
accordance with the provisions of this subpart shall prepare and 
maintain the records specified in Sec. 265.1090(d) of this subpart.
    (f) For the purpose of compliance with paragraph (c)(1)(i) or 
(d)(1)(i) of this section, containers shall be used that meet the 
applicable U.S. Department of Transportation (DOT) regulations on 
packaging hazardous materials for transportation as follows:
    (1) The container meets the applicable requirements specified in 49 
CFR part 178--Specifications for Packaging or 49 CFR part 179--
Specifications for Tank Cars.
    (2) Hazardous waste is managed in the container in accordance with 
the applicable requirements specified in 49 CFR part 107, subpart B--
Exemptions; 49 CFR part 172--Hazardous Materials Table, Special 
Provisions, Hazardous Materials Communications, Emergency Response 
Information, and Training Requirements; 49 CFR part 173--Shippers--
General Requirements for Shipments and Packages; and 49 CFR part 180--
Continuing Qualification and Maintenance of Packagings.
    (3) For the purpose of complying with this subpart, no exceptions 
to the 49 CFR part 178 or part 179 regulations are allowed except as 
provided for in paragraph (f)(4) of this section.
    (4) For a lab pack that is managed in accordance with the 
requirements of 49 CFR part 178 for the purpose of complying with this 
subpart, an owner or operator may comply with the exceptions for 
combination packagings specified in 49 CFR 173.12(b).
    (g) The owner or operator shall use the procedure specified in 
Sec. 265.1084(d) of this subpart for determining a container operates 
with no detectable organic emissions for the purpose of complying with 
paragraph (d)(1)(ii) of this section.
    (1) Each potential leak interface (i.e., a location where organic 
vapor leakage could occur) on the container, its cover, and associated 
closure devices, as applicable to the container, shall be checked. 
Potential leak interfaces that are associated with containers include, 
but are not limited to: The interface of the cover rim and the 
container wall; the periphery of any opening on the container or 
container cover and its associated closure device; and the sealing seat 
interface on a spring-loaded pressure-relief valve.
    (2) The test shall be performed when the container is filled with a 
material having a volatile organic concentration representative of the 
range of volatile organic concentrations for the hazardous wastes 
expected to be managed in this type of container. During the test, the 
container cover and closure devices shall be secured in the closed 
position.
    (h) Procedure for determining a container to be vapor-tight using 
Method 27 of 40 CFR part 60, appendix A for the purpose of complying 
with paragraph (d)(1)(iii) of this section.
    (1) The test shall be performed in accordance with Method 27 of 40 
CFR part 60, appendix A of this chapter.
    (2) A pressure measurement device shall be used that has a 
precision of 2.5 mm water and that is capable of measuring 
above the pressure at which the container is to be tested for vapor 
tightness.
    (3) If the test results determined by Method 27 indicate that the 
container sustains a pressure change less than or equal to 750 Pascals 
within 5 minutes after it is pressurized to a minimum of 4,500 Pascals, 
then the container is determined to be vapor-tight.
    45. Section 265.1088 is amended by revising paragraph (b)(3), 
adding paragraph (b)(4), revising paragraphs (c)(2), (c)(3)(ii), and 
(c)(5)(i) (D)-(E), and adding paragraph (c)(7) to read as follows:


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

* * * * *
    (b) * * *
    (3) In the case when the closed-vent system includes bypass devices 
that could be used to divert the gas or vapor stream to the atmosphere 
before entering the control device, each bypass device shall be 
equipped with either a flow indicator as specified in paragraph 
(b)(3)(i) of this section or a seal or

[[Page 59990]]

locking device as specified in paragraph (b)(3)(ii) of this section. 
For the purpose of complying with this paragraph, low leg drains, high 
point bleeds, analyzer vents, open-ended valves or lines, spring-loaded 
pressure relief valves, and other fittings used for safety purposes are 
not considered to be bypass devices.
    (i) If a flow indicator is used to comply with paragraph (b)(3) of 
this section, the indicator shall be installed at the inlet to the 
bypass line used to divert gases and vapors from the closed-vent system 
to the atmosphere at a point upstream of the control device inlet. For 
this paragraph, a flow indicator means a device which indicates the 
presence of either gas or vapor flow in the bypass line.
    (ii) If a seal or locking device is used to comply with paragraph 
(b)(3) of this section, the device shall be placed on the mechanism by 
which the bypass device position is controlled (e.g., valve handle, 
damper lever) when the bypass device is in the closed position such 
that the bypass device cannot be opened without breaking the seal or 
removing the lock. Examples of such devices include, but are not 
limited to, a car-seal or a lock-and-key configuration valve. The owner 
or operator shall visually inspect the seal or closure mechanism at 
least once every month to verify that the bypass mechanism is 
maintained in the closed position.
    (4) The closed-vent system shall be inspected and monitored by the 
owner or operator in accordance with the procedure specified in 40 CFR 
265.1033(k).
    (c) * * *
    (2) The owner or operator who elects to use a closed-vent system 
and control device to comply with the requirements of this section 
shall comply with the requirements specified in paragraphs (c)(2)(i) 
through (c)(2)(vi) of this section.
    (i) Periods of planned routine maintenance of the control device, 
during which the control device does not meet the specifications of 
paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this section, as 
applicable, shall not exceed 240 hours per year.
    (ii) The specifications and requirements in paragraphs (c)(1)(i), 
(c)(1)(ii), and (c)(1)(iii) of this section for control devices do not 
apply during periods of planned routine maintenance.
    (iii) The specifications and requirements in paragraphs (c)(1)(i), 
(c)(1)(ii), and (c)(1)(iii) of this section for control devices do not 
apply during a control device system malfunction.
    (iv) The owner or operator shall demonstrate compliance with the 
requirements of paragraph (c)(2)(i) of this section (i.e., planned 
routine maintenance of a control device, during which the control 
device does not meet the specifications of paragraphs (c)(1)(i), 
(c)(1)(ii), or (c)(1)(iii) of this section, as applicable, shall not 
exceed 240 hours per year) by recording the information specified in 
Sec. 265.1090(e)(1)(v) of this subpart.
    (v) The owner or operator shall correct control device system 
malfunctions as soon as practicable after their occurrence in order to 
minimize excess emissions of air pollutants.
    (vi) The owner or operator shall operate the closed-vent system 
such that gases, vapors, and/or fumes are not actively vented to the 
control device during periods of planned maintenance or control device 
system malfunction (i.e., periods when the control device is not 
operating or not operating normally) except in cases when it is 
necessary to vent the gases, vapors, or fumes to avoid an unsafe 
condition or to implement malfunction corrective actions or planned 
maintenance actions.
* * * * *
    (3) * * *
    (i) * * *
    (ii) All carbon removed from the control device shall be managed in 
accordance with the requirements of 40 CFR 265.1033(m).
* * * * *
    (5) * * *
    (i) * * *
    (D) A boiler or industrial furnace burning hazardous waste for 
which the owner or operator has been issued a final permit under 40 CFR 
part 270 and has designed and operates the unit in accordance with the 
requirements of 40 CFR part 266, subpart H; or
    (E) A boiler or industrial furnace burning hazardous waste for 
which the owner or operator has designed and operates in accordance 
with the interim status requirements of 40 CFR part 266, subpart H.
* * * * *
    (7) The control device shall be inspected and monitored by the 
owner or operator in accordance with the procedures specified in 40 CFR 
265.1033(f)(2) and 40 CFR 265.1033(k). The readings from each 
monitoring device required by 40 CFR 265.1033(f)(2) shall be inspected 
at least once each operating day to check control device operation. Any 
necessary corrective measures shall be immediately implemented to 
ensure the control device is operated in compliance with the 
requirements of this section.
    46. Section 265.1089 is revised to read as follows:


Sec. 265.1089  Inspection and monitoring requirements.

    (a) The owner or operator shall inspect and monitor air emission 
control equipment used to comply with this subpart in accordance with 
the applicable requirements specified in Sec. 265.1085 through 
Sec. 265.1088 of this subpart.
    (b) The owner or operator shall develop and implement a written 
plan and schedule to perform the inspections and monitoring required by 
paragraph (a) of this section. The owner or operator shall incorporate 
this plan and schedule into the facility inspection plan required under 
40 CFR 265.15.
    47. Section 265.1090 is revised to read as follows:


Sec. 265.1090  Recordkeeping requirements.

    (a) Each owner or operator of a facility subject to requirements in 
this subpart shall record and maintain the information specified in 
paragraphs (b) through (i) of this section, as applicable to the 
facility. Except for air emission control equipment design 
documentation and information required by paragraph (i) of this 
section, records required by this section shall be maintained in the 
operating record for a minimum of 3 years. Air emission control 
equipment design documentation shall be maintained in the operating 
record until the air emission control equipment is replaced or 
otherwise no longer in service. Information required by paragraph (i) 
of this section shall be maintained in the operating record for as long 
as the tank or container is not using air emission controls specified 
in Secs. 264.1084 through 264.1087 of this subpart in accordance with 
the conditions specified in Sec. 264.1084(d) of this subpart.
    (b) The owner or operator of a tank using air emission controls in 
accordance with the requirements of Sec. 265.1085 of this subpart shall 
prepare and maintain records for the tank that include the following 
information:
    (1) For each tank using air emission controls in accordance with 
the requirements of Sec. 265.1085 of this subpart, the owner or 
operator shall record:
    (i) A tank identification number (or other unique identification 
description as selected by the owner or operator).
    (ii) A record for each inspection required by Sec. 265.1085 of this 
subpart that includes the following information:
    (A) Date inspection was conducted.
    (B) For each defect detected during the inspection, the following 
information: the location of the defect, a description of the defect, 
the date of

[[Page 59991]]

detection, and corrective action taken to repair the defect. In the 
event that repair of the defect is delayed in accordance with the 
provisions of Sec. 265.1085 of this subpart, the owner or operator 
shall also record the reason for the delay and the date that completion 
of repair of the defect is expected.
    (2) In addition to the information required by paragraph (b)(1) of 
this section, the owner or operator shall record the following 
information, as applicable to the tank:
    (i) The owner or operator using a fixed roof to comply with the 
Tank Level 1 control requirements specified in Sec. 265.1085(c) of this 
subpart shall prepare and maintain records for each determination for 
the maximum organic vapor pressure of the hazardous waste in the tank 
performed in accordance with the requirements of Sec. 265.1085(c) of 
this subpart. The records shall include the date and time the samples 
were collected, the analysis method used, and the analysis results.
    (ii) The owner or operator using an internal floating roof to 
comply with the Tank Level 2 control requirements specified in 
Sec. 265.1085(e) of this subpart shall prepare and maintain 
documentation describing the floating roof design.
    (iii) Owners and operators using an external floating roof to 
comply with the Tank Level 2 control requirements specified in 
Sec. 265.1085(f) of this subpart shall prepare and maintain the 
following records:
    (A) Documentation describing the floating roof design and the 
dimensions of the tank.
    (B) Records for each seal gap inspection required by 
Sec. 265.1085(f)(3) of this subpart describing the results of the seal 
gap measurements. The records shall include the date that the 
measurements were performed, the raw data obtained for the 
measurements, and the calculations of the total gap surface area. In 
the event that the seal gap measurements do not conform to the 
specifications in Sec. 265.1085(f)(1) of this subpart, the records 
shall include a description of the repairs that were made, the date the 
repairs were made, and the date the tank was emptied, if necessary.

    (iv) Each owner or operator using an enclosure to comply with the 
Tank Level 2 control requirements specified in Sec. 265.1085(i) of this 
subpart shall prepare and maintain the following records:
    (A) Records for the most recent set of calculations and 
measurements performed by the owner or operator to verify that the 
enclosure meets the criteria of a permanent total enclosure as 
specified in ``Procedure T--Criteria for and Verification of a 
Permanent or Temporary Total Enclosure'' under 40 CFR 52.741, appendix 
B.
    (B) Records required for the closed-vent system and control device 
in accordance with the requirements of paragraph (e) of this section.
    (c) The owner or operator of a surface impoundment using air 
emission controls in accordance with the requirements of Sec. 265.1086 
of this subpart shall prepare and maintain records for the surface 
impoundment that include the following information:
    (1) A surface impoundment identification number (or other unique 
identification description as selected by the owner or operator).
    (2) Documentation describing the floating membrane cover or cover 
design, as applicable to the surface impoundment, 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(c) of this subpart.
    (3) A record for each inspection required by Sec. 265.1086 of this 
subpart that includes the following information:
    (i) Date inspection was conducted.
    (ii) For each defect detected during the inspection the following 
information: The location of the defect, a description of the defect, 
the date of detection, and corrective action taken to repair the 
defect. In the event that repair of the defect is delayed in accordance 
with the provisions of Sec. 265.1086(f) of this subpart, the owner or 
operator shall also record the reason for the delay and the date that 
completion of repair of the defect is expected.
    (4) For a surface impoundment equipped with a cover and vented 
through a closed-vent system to a control device, the owner or operator 
shall prepare and maintain the records specified in paragraph (e) of 
this section.
    (d) The owner or operator of containers using Container Level 3 air 
emission controls in accordance with the requirements of Sec. 265.1087 
of this subpart shall prepare and maintain records that include the 
following information:
    (1) Records for the most recent set of calculations and 
measurements performed by the owner or operator to verify that the 
enclosure meets the criteria of a permanent total enclosure as 
specified in ``Procedure T--Criteria for and Verification of a 
Permanent or Temporary Total Enclosure'' under 40 CFR 52.741, appendix 
B.
    (2) Records required for the closed-vent system and control device 
in accordance with the requirements of paragraph (e) of this section.
    (e) The owner or operator using a closed-vent system and control 
device in accordance with the requirements of Sec. 265.1088 of this 
subpart shall prepare and maintain records that include the following 
information:
    (1) Documentation for the closed-vent system and control device 
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 (e)(1)(ii) of this section or by performance tests as 
specified in paragraph (e)(1)(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 40 CFR 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 40 CFR 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 40 CFR 265.1035(b)(3) and all test results.
    (iv) Information as required by 40 CFR 265.1035(c)(1) and 40 CFR 
265.1035(c)(2), as applicable.
    (v) An owner or operator shall record, on a semiannual basis, the 
information specified in paragraphs (e)(1)(v)(A) and (e)(1)(v)(B) of 
this section for those planned routine maintenance operations that 
would require the control device not to meet the requirements of 
Sec. 265.1088 (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subpart, as 
applicable.
    (A) A description of the planned routine maintenance that is 
anticipated to be performed for the control device during the next 6-
month period. This description shall include the type of maintenance 
necessary, planned frequency of maintenance, and lengths of maintenance 
periods.
    (B) A description of the planned routine maintenance that was 
performed for the control device during the previous 6-month period. 
This description shall include the type of maintenance performed and 
the total number of hours during those 6 months

[[Page 59992]]

that the control device did not meet the requirements of Sec. 265.1088 
(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subpart, as applicable, 
due to planned routine maintenance.
    (vi) An owner or operator shall record the information specified in 
paragraphs (e)(1)(vi)(A) through (e)(1)(vi)(C) of this section for 
those unexpected control device system malfunctions that would require 
the control device not to meet the requirements of Sec. 265.1088 
(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subpart, as applicable.
    (A) The occurrence and duration of each malfunction of the control 
device system.
    (B) The duration of each period during a malfunction when gases, 
vapors, or fumes are vented from the waste management unit through the 
closed-vent system to the control device while the control device is 
not properly functioning.
    (C) Actions taken during periods of malfunction to restore a 
malfunctioning control device to its normal or usual manner of 
operation.
    (vii) 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.
    (f) The owner or operator of a tank, surface impoundment, or 
container exempted from standards in accordance with the provisions of 
Sec. 265.1083(c) of this subpart shall prepare and maintain the 
following records, as applicable:
    (1) For tanks, surface impoundments, or containers exempted under 
the hazardous waste organic concentration conditions specified in 
Sec. 265.1083 (c)(1) or (c)(2) of this subpart, the owner or operator 
shall record the information used 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.
    (2) For tanks, surface impoundments, or containers exempted under 
the provisions of Sec. 265.1083(c)(2)(vii) or Sec. 265.1083(c)(2)(viii) 
of this subpart, the owner or operator shall record the identification 
number for the incinerator, boiler, or industrial furnace in which the 
hazardous waste is treated.
    (g) An owner or operator designating a cover as ``unsafe to inspect 
and monitor'' pursuant to Sec. 265.1085(l) or Sec. 265.1086(g) of this 
subpart shall record in a log that is kept in the facility operating 
record the following information: The identification numbers for waste 
management units with covers that are designated as ``unsafe to inspect 
and monitor,'' the 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.
    (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.
    (i) For each tank or container not using air emission controls 
specified in Secs. 265.1085 through 265.1088 of this subpart in 
accordance with the conditions specified in Sec. 265.1080(d) of this 
subpart, the owner or operator shall record and maintain the following 
information:
    (1) A list of the individual organic peroxide compounds 
manufactured at the facility that meet the conditions specified in 
Sec. 265.1080(d)(1).
    (2) A description of how the hazardous waste containing the organic 
peroxide compounds identified in paragraph (i)(1) of this section are 
managed at the facility in tanks and containers. This description shall 
include the following information:
    (i) For the tanks used at the facility to manage this hazardous 
waste, sufficient information shall be provided to describe for each 
tank: A facility identification number for the tank; the purpose and 
placement of this tank in the management train of this hazardous waste; 
and the procedures used to ultimately dispose of the hazardous waste 
managed in the tanks.
    (ii) For containers used at the facility to manage these hazardous 
wastes, sufficient information shall be provided to describe: A 
facility identification number for the container or group of 
containers; the purpose and placement of this container, or group of 
containers, in the management train of this hazardous waste; and the 
procedures used to ultimately dispose of the hazardous waste handled in 
the containers.
    (3) An explanation of why managing the hazardous waste containing 
the organic peroxide compounds identified in paragraph (i)(1) of this 
section in the tanks and containers as described in paragraph (i)(2) of 
this section would create an undue safety hazard if the air emission 
controls, as required under Secs. 265.1085 through 265.1088 of this 
subpart, are installed and operated on these waste management units. 
This explanation shall include the following information:
    (i) For tanks used at the facility to manage these hazardous 
wastes, sufficient information shall be provided to explain: How use of 
the required air emission controls on the tanks would affect the tank 
design features and facility operating procedures currently used to 
prevent an undue safety hazard during the management of this hazardous 
waste in the tanks; and why installation of safety devices on the 
required air emission controls, as allowed under this subpart, will not 
address those situations in which evacuation of tanks equipped with 
these air emission controls is necessary and consistent with good 
engineering and safety practices for handling organic peroxides.
    (ii) For containers used at the facility to manage these hazardous 
wastes, sufficient information shall be provided to explain: How use of 
the required air emission controls on the containers would affect the 
container design features and handling procedures currently used to 
prevent an undue safety hazard during the management of this hazardous 
waste in the containers; and why installation of safety devices on the 
required air emission controls, as allowed under this subpart, will not 
address those situations in which evacuation of containers equipped 
with these air emission controls is necessary and consistent with good 
engineering and safety practices for handling organic peroxides.


Sec. 265.1091  [Removed and reserved]

    48. Part 265 is amended by removing and reserving Sec. 265.1091.
    49. Part 265 is amended by adding Appendix VI to read as follows:

[[Page 59993]]



 Appendix VI to Part 265.--Compounds With Henry's Law Constant Less Than
                                 0.1 Y/X                                
                         [At 25 degrees Celsius]                        
------------------------------------------------------------------------
                    Compound name                           CAS No.     
------------------------------------------------------------------------
TRICHLORO(1,1,2)TRIFLUORO............................  .................
FORMALDEHYDE.........................................            50-00-0
HYDROCYANIC ACID.....................................            74-90-8
FORMAMIDE............................................  .................
QUINONE..............................................  .................
DIMETHYL HYDRAZINE(1,1)..............................            57-14-7
METHYL ACRYLATE......................................            96-33-3
ACETAMIDE............................................            60-35-5
METHYL HYDRAZINE.....................................            60-34-4
DIETHYLHYDRAZINE N,N.................................  .................
FORMIC ACID..........................................            64-18-6
DIMETHYL DISULFIDE...................................           624-92-0
PHORATE..............................................           298-02-2
HYDRAZINE............................................           302-01-2
LEAD SUBACETATE......................................           1335-32-
LEAD ACETATE.........................................           301-04-2
NAPHTHOL,beta-.......................................           135-19-3
DIETHYLENE GLYCOL MONOMETHYL ETHER...................  .................
NITROSODIMETHYLAMINE N...............................            62-75-9
DIETHYLENE GLYCOL MONOBUTYL ETHER....................  .................
ACETYL-2-THIOUREA, 1-................................           591-08-2
ACRYLIC ACID.........................................            79-10-7
ETHYLENE GLYCOL MONOPHENYL ETHER.....................  .................
ETHYLENE GLYCOL MONOMETHYL ETHER.....................  .................
DIMETHYL FORMAMIDE...................................            68-12-2
DIETHYLENE GLYCOL DIMETHYL ETHER.....................  .................
PROPIOLACTONE b......................................            57-57-8
ETHYLENE GLYCOL MONOPROPYL ETHER.....................  .................
METHYL SULFURIC ACID.................................  .................
METHYL THIOPHENOL 4..................................           106-45-6
ETHYLENE GLYCOL MONOETHYL ETHER Cellosol.............  .................
DIMETHYL CARBAMOYL CHLORIDE..........................  .................
ETHYLENE GLYCOL MONOETHYL ETHER ACETATE..............  .................
BUTYL CELLOSOLVE.....................................           111-76-2
TOLUENE DIAMINE(2,4).................................            95-80-7
DIMETHYLSULFOXIDE....................................  .................
ANILINE..............................................            62-53-3
DIETHYLENE GLYCOL....................................           111-46-6
ETHYLPHENOL, 3-......................................           620-17-7
GYLCIDOL.............................................           556-52-5
BUTYRIC ACID.........................................           107-92-6
NITROSO-N-METHYLUREA N...............................           684-93-5
MONOMETHYL FORMANIDE.................................  .................
ETHYL CARBAMATE......................................  .................
ETHYL MORPHOLINE, ethyl diethylene oxime.............  .................
ETHANOLAMINE(mono-)..................................           141-43-5
ETHYLENE THIOUREA....................................  .................
PHENOL...............................................           108-95-2
ETHYLENE GLYCOL MONOBUTYL ETHER......................  .................
CRESOL...............................................           1319-77-
PROPYLENE GLYCOL.....................................            57-55-6
TRIETHYLENE GLYCOL DIMETHYL ETHER....................  .................
CRESOL(-o)...........................................            95-48-7
TOLUIDINE (m)........................................  .................
CHLOROPHENOL-4.......................................           106-48-9
BENZYL ALCOHOL.......................................           100-51-6
ACETALDOL............................................  .................
CHLOROACETIC ACID....................................            79-11-8
GLYPHOSATE...........................................  .................
ETHYLENE GLYCOL......................................           107-21-1
ADENINE..............................................            73-24-5
HEXAMETHYLPHOSPHORAMIDE..............................  .................
DIETHYLENE GLYCOL MONOETHYL ETHER ACETAT.............  .................
DICHLOROPHENOL 2,5...................................  .................
CRESOL(-p)...........................................           106-44-5
NITROSOMORPHOLINE....................................  .................
QUINOLINE............................................            91-22-5
DIMETHYLSULFONE......................................  .................
CRESOL(-m)...........................................           108-39-4
TOLUENE DIISOCYANATE(2,4)............................           584-84-9
HYDROXY-(2)-PROPIONITRILE............................           109-78-4

[[Page 59994]]

                                                                        
HEXANOIC ACID........................................           142-62-1
FUMARIC ACID.........................................           110-17-8
METHANE SULFONIC ACID................................            75-75-2
MESITYL OXIDE........................................           141-79-7
CHLORO-2,5-DIKETOPYRROLIDINE 3.......................  .................
PYRIDINIUM BROMIDE...................................  .................
METHYLIMINOACETIC ACID...............................  .................
DIMETHOATE...........................................            60-51-5
GUANIDINE, NITROSO...................................           674-81-7
PHENYLACETIC ACID....................................           103-82-2
BENZENE SULFONIC ACID................................  .................
ACETYL-5-HYDROXYPIPERIDINE 3.........................  .................
LEUCINE..............................................            61-90-5
alpha-PICOLINE.......................................           1333-41-
METHYL-2-METHOXYAZIRIDINE 1..........................  .................
BROMOCHLOROMETHYL ACETATE............................  .................
DICHLOROTETRAHYDROFURAN 3,4..........................           3511-19-
ACETYLPIPERIDINE 3...................................           618-42-8
CHLORO-1,2-ETHANE DIOL...............................  .................
CYANIDE..............................................            57-12-5
NIACINAMIDE..........................................            98-92-0
METHOXYPHENOL P......................................           150-76-5
METHYLFURFURAL 5.....................................           620-02-0
GLYCINAMIDE..........................................           598-41-4
SUCCINIMIDE..........................................           123-56-8
SULFANILIC ACID......................................           121-47-1
MALEIC ACID..........................................           110-16-7
AMETRYN..............................................  .................
DIMETHYLPHENOL(3,4)..................................  .................
ANISIDINE,o-.........................................            90-04-0
TETRAETHYLENE PENTAMINE..............................  .................
DIETHYLENE GLYCOL MONOETHYL ETHER....................  .................
CHLORACETOPHENONE,2-.................................            93-76-5
DIPROPYLENE GLYCOL...................................  .................
HEXAMETHYLENE 1,6 DIISOCYANATE.......................  .................
NEOPENTYL GLYCOL.....................................           126-30-7
BHC,gamma-...........................................            58-89-9
PHENYLENE DIAMINE(-m)................................           108-45-2
CHLOROHYDRIN, a 3 CHLORO 1,2 PROPANEDIOL.............  .................
XYLENOL(3,4).........................................            95-65-8
DINITRO-o-CRESOL(4,6)................................           534-52-1
PROPORUR (Baygon)....................................  .................
DIBROMO-4-HYDROXYBENZONITRILE (3,5)..................  .................
CATECHOL.............................................           120-80-9
CHLOROANILINE,p-.....................................           106-47-8
DICHLORVOS...........................................  .................
ACRYLAMIDE...........................................            79-06-1
THIOSEMICARBAZIDE....................................            79-19-6
TRIETHANOLAMINE......................................           102-71-6
PENTAERYTHRITOL......................................           115-77-5
PHENYLENE DIAMINE(-o)................................            95-54-5
CAPROLACTAM..........................................  .................
BENZOIC ACID.........................................            65-85-0
TOLUENEDIAMINE(3,4)..................................           496-72-0
TRIPROPYLENE GLYCOL..................................  .................
PHENYLENE DIAMINE(-p)................................           106-50-3
TEREPHTHALIC ACID....................................  .................
NITROGLYCERIN........................................            55-63-0
CHLORO(-p)CRESOL(-m).................................            59-50-7
DICHLOROANILINE 2,3-.................................  .................
NITROANILINE(-o).....................................            88-74-4
DIETHYL (N,N) ANILINE................................            91-66-7
NAPHTHOL,alpha-......................................            90-15-3
AMINOPYRIDINE,4-.....................................           504-24-5
ADIPONITRILE.........................................  .................
BROMOXYNIL...........................................  .................
PHTHALIC ANHYDRIDE...................................            85-44-9
MALEIC ANHYDRIDE.....................................           108-31-6
NITROPHENOL,2-.......................................            88-75-5
ACETYLAMINOFLUORENE,2................................            53-96-3
PROPANE SULTONE,1,3-.................................           1120-71-

[[Page 59995]]

                                                                        
CITRIC ACID..........................................            77-92-9
EPINEPHRINE..........................................            51-43-4
CHLOROPHENOL POLYMERS................................  .................
CREOSOTE.............................................           8001-58-
FLUOROACETIC ACID, SODIUM SALT.......................            62-74-8
SODIUM ACETATE.......................................  .................
SUCCINIC ACID........................................           110-15-6
SODIUM FORMATE.......................................           141-53-7
PHENACETIN...........................................            62-44-2
HYDROQUINONE.........................................           123-31-9
DIMETHYLAMINOAZOBENZENE,4-...........................            60-11-7
METHYLENE DIPHENYL DIISOCYANATE......................  .................
OXALIC ACID..........................................           144-62-7
BENZO(A)PYRENE.......................................            50-32-8
DICHLOROBENZONITRILE,2,6-............................          1194-65-6
AMINOBIPHENYL,4-.....................................            92-67-1
NAPHTHYLAMINE,alpha-.................................           134-32-7
DIETHANOLAMINE.......................................  .................
METHYLENEDIANILINE 4,4...............................  .................
NAPHTHYLAMINE,beta-..................................            91-59-8
METHYLENE DIPHENYLAMINE (MDA)........................  .................
GLUTARIC ACID........................................           110-94-1
RESORCINOL...........................................           108-46-3
TOLUIC ACID (para-)..................................            99-94-5
GUTHION..............................................  .................
DIMETHYL PHTHALATE...................................           131-11-3
GLYCERIN (GLYCEROL)..................................            56-81-5
THIOFANOX............................................           39196-18
DIBUTYLPHTHALATE.....................................            84-74-2
ALDICARB.............................................           116-06-3
NITROPHENOL,4-.......................................           100-02-7
METHYLENE-BIS (2-CHLOROANILINE),4,4'-................           101-14-4
DIPHENYLHYDRAZINE(1,2)...............................           122-66-7
METHOMYL.............................................           16752-77
MALATHION............................................           121-75-5
PARATHION............................................            56-38-2
ADIPIC ACID..........................................           124-04-9
ALACHLOR.............................................           15972-60
STRYCHNIDIN-10-ONE,2,3-DIMETHOXY-....................           357-57-3
TOLUENEDIAMINE(2,6)..................................           823-40-5
CUMYLPHENOL-4........................................           27576-86
DIAZINON.............................................  .................
BENZENE ARSONIC ACID.................................            98-05-5
WARFARIN.............................................            81-81-2
METHYL PARATHION.....................................           298-00-0
DIETHYLTHIOPHOSPHATEBENZO M ETHYL PETHER.............  .................
PHENYL MERCURIC ACETATE..............................            62-38-4
DIETHYL PROPIONAMIDE,2aN.............................           15299-99
CHLOROBENZOPHENONE (PARA)............................           134-85-0
THIOUREA,1-(o-CHLOROPHENYL)-.........................           5344-82-
DIMETHYLBENZIDINE 3,3................................  .................
DICHLORO-(2,6)-NITROANILINE(4).......................            99-30-9
CELLULOSE............................................           9000-11-
CELL WALL............................................  .................
BENZIDINE............................................            92-87-5
TETRAETHYLDITHIOPYROPHOSPHATE........................           3689-24-
NABAM................................................  .................
ATRAZINE.............................................           1912-24-
ENDRIN...............................................            72-20-8
BIS(2-ETHYLHEXYL) PHTHALATE..........................           117-81-7
BENZO(A)ANTHRACENE...................................            56-55-3
CYANOMETHYL BENZOATE 4...............................  .................
ANTHRAQUINONE........................................            84-65-1
STRYCHNINE...........................................            57-24-9
SIMAZINE.............................................           122-34-9
PYRENE...............................................           129-00-0
CHLOROBENZYLATE......................................           510-15-6
DIMETHYLBENZ(A) ANTHRACENE(7,12).....................            57-97-6
INDENO(1,2,3-cd)-PYRENE..............................           193-39-5
CHRYSENE.............................................           218-01-9
BENZO(ghi)PERYLENE...................................           191-24-2

[[Page 59996]]

                                                                        
BENZO(k) FLUORANTHENE................................           207-08-9
DIBENZO(a,h)ANTHRACENE...............................            53-70-3
DIETHYL PHOSPHOROTHIOATE.............................           126-75-0
------------------------------------------------------------------------

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

    50. The authority citation for Part 270 continues to read as 
follows:

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

Subpart B--Permit Application

    51. 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, 264.1084, 264.1085, 264.1086, and 264.1088.
* * * * *
    52. Section 270.27 is revised 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 40 CFR 264.1, 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 floating roof cover installed on a tank 
subject to 40 CFR 264.1084(d)(1) or 40 CFR 264.1084(d)(2) 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 264.1084(e)(1) or 40 CFR 
264.1084(f)(1).
    (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 pollutant 
emissions from tanks or containers in accordance with the requirements 
of 40 CFR 264.1084(d)(5) or 40 CFR 264.1086(e)(1)(ii) that includes 
records for the most recent set of calculations and measurements 
performed by the owner or operator to verify that the enclosure meets 
the criteria of a permanent total enclosure as specified in ``Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' under 40 CFR 52.741, appendix B.
    (4) Documentation for each floating membrane cover installed on a 
surface impoundment in accordance with the requirements of 40 CFR 
264.1085(c) 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 264.1085(c)(1).
    (5) Documentation for each closed-vent system and control device 
installed in accordance with the requirements of 40 CFR 264.1087 that 
includes design and performance information as specified in Sec. 270.24 
(c) and (d) of this part.
    (6) An emission monitoring plan for both Method 21 in 40 CFR part 
60, appendix A 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 
40 CFR 265.1082.

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

    53. 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

    54. Section 271.1(j) is amended by revising the effective date of 
the following entry in Table 1 to read as follows:


Sec. 271.1  Purpose and scope.

* * * * *
    (j) * * *

                                Table 1.--Regulations Implementing the Hazardous Waste and Solid Waste Amendments of 1984                               
--------------------------------------------------------------------------------------------------------------------------------------------------------
           Promulgation date                 Title of regulation             Federal Register reference                      Effective date             
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                    *                  *                  *                  *                  *                *                  *                   
December 6, 1994.......................  Air Emission Standards for   59 FR 62896-62953                         December 6, 1996.                       
                                          Tanks, Surface                                                                                                
                                          Impoundments, and                                                                                             
                                          Containers.                                                                                                   
--------------------------------------------------------------------------------------------------------------------------------------------------------

Sec. 271.1  [Amended]

    54. Section 271.1(j) is amended by revising the effective date of 
the following entry in Table 2 to read as follows:

[[Page 59997]]



                            Table 2.--Self-Implementing Provisions of the Hazardous Waste and Solid Waste Amendments of 1984                            
--------------------------------------------------------------------------------------------------------------------------------------------------------
             Effective date              Self-implementing provision                RCRA citation                      Federal Register reference       
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
December 6, 1996.......................  Air Emission Standards for   3004(n)                                   December 6, 1994, 59 FR 62896-62953.    
                                          Tanks, Surface                                                                                                
                                          Impoundments, and                                                                                             
                                          Containers.                                                                                                   
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 96-29456 Filed 11-22-96; 8:45 am]
BILLING CODE 6560-50-P