[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: 40CFR264.1090]

[Page 443-444]
 
                   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. 264.1090  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

[[Page 444]]

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.
    (c) Each owner or operator using a control device in accordance with 
the requirements of Sec. 264.1087 of this subpart shall submit a 
semiannual written report to the Regional Administrator excepted as 
provided for in paragraph (d) of this section. The report shall describe 
each occurrence during the previous 6-month period when either: (1) A 
control device is operated continuously for 24 hours or longer in 
noncompliance with the applicable operating values defined in Sec. 
264.1035(c)(4); or (2) A flare is operated with visible emissions for 5 
minutes or longer in a two-hour period, as defined in Sec. 264.1033(d). 
The report shall describe each occurrence during the previous 6-month 
period when a control device is operated continuously for 24 hours or 
longer in noncompliance with the applicable operating values defined in 
Sec. 264.1035(c)(4) or when a flare is operated with visible emissions 
as defined in Sec. 264.1033(d). The written report shall include the 
EPA identification number, facility name and address, and an explanation 
why the control device could not be returned to compliance within 24 
hours, and actions taken to correct the noncompliance. The report shall 
be signed and dated by an authorized representative of the owner or 
operator.
    (d) A report to the Regional Administrator in accordance with the 
requirements of paragraph (c) of this section is not required for a 6-
month period during which all control devices subject to this subpart 
are operated by the owner or operator such that:
    (1) During no period of 24 hours or longer did a control device 
operate continuously in noncompliance with the applicable operating 
values defined in Sec. 264.1035(c)(4); and
    (2) No flare was operated with visible emissions for 5 minutes or 
longer in a two-hour period, as defined in Sec. 264.1033(d).

[59 FR 62927, Dec. 6, 1994, as amended at 61 FR 4913, Feb. 9, 1996; 61 
FR 59968, Nov. 25, 1996]