[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR264.1082]
[Page 414-417]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 264_STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT,
STORAGE, AND DISPOSAL FACILITIES--Table of Contents
Subpart CC_Air Emission Standards for Tanks, Surface Impoundments, and
Containers
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 hazardous waste management unit in accordance with standards
specified in Sec. Sec. 264.1084 through 264.1087 of this subpart, as
applicable to the hazardous 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:
[[Page 415]]
(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 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 at section
4.4 of Method
[[Page 416]]
25D in 40 CFR part 60, appendix A, or a value of 25 ppmw, whichever is
less.
(B) If any other analytical method is used, one-half the sum of the
limits of detection established for each organic constituent in the
waste that has a Henry's law constant value 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 1.8x10-6 atmospheres/gram-mole/m\3\] at
25 degrees Celsius.
(3) A tank or surface impoundment 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) The organic hazardous constituents in the waste have been
treated by the treatment technology established by the EPA for the waste
in 40 CFR 268.42(a), or have been removed or destroyed 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.
[[Page 417]]
(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.
[61 FR 59953, Nov. 25, 1996, as amended at 62 FR 64658, Dec. 8, 1997]