[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR265.1034]

[Page 614-616]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 265_INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE 
 
           Subpart AA_Air Emission Standards for Process Vents
 
Sec. 265.1034  Test methods and procedures.

    (a) Each owner or operator subject to the provisions of this subpart 
shall comply with the test methods and procedures requirements provided 
in this section.
    (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:
    (1) Monitoring shall comply with Reference Method 21 in 40 CFR part 
60.
    (2) The detection instrument shall meet the performance criteria of 
Reference Method 21.
    (3) The instrument shall be calibrated before use on each day of its 
use by the procedures specified in Reference Method 21.
    (4) Calibration gases shall be:
    (i) Zero air (less than 10 ppm of hydrocarbon in air).
    (ii) A mixture of methane or n-hexane and air at a concentration of 
approximately, but less than, 10,000 ppm methane or n-hexane.
    (5) The background level shall be determined as set forth in 
Reference Method 21.
    (6) The instrument probe shall be traversed around all potential 
leak in ter faces as close to the interface as possible as described in 
Reference Method 21.
    (7) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level is compared with 
500 ppm for determining compliance.
    (c) Performance tests to determine compliance with Sec. 265.1032(a) 
and with the total organic compound concentration limit of Sec. 
265.1033(c) shall comply with the following:
    (1) Performance tests to determine total organic compound 
concentrations and mass flow rates entering and exiting control devices 
shall be conducted and data reduced in accordance with the following 
reference methods and calculation procedures:
    (i) Method 2 in 40 CFR part 60 for velocity and volumetric flow 
rate.
    (ii) Method 18 or Method 25A in 40 CFR part 60, appendix A, for 
organic content. If Method 25A is used, the organic HAP used as the 
calibration gas must be the single organic HAP representing the largest 
percent by volume of the emissions. The use of Method 25A is acceptable 
if the response from the high-level calibration gas is at least 20 times 
the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.
    (iii) Each performance test shall consist of three separate runs; 
each run conducted for at least 1 hour under the conditions that exist 
when the hazardous waste management unit is operating at the highest 
load or capacity level reasonably expected to occur. For the purpose of 
determining total organic compound concentrations and mass flow rates, 
the average of results of all runs shall apply. The average shall be 
computed on a time-weighted basis.

[[Page 615]]

    (iv) Total organic mass flow rates shall be determined by the 
following equation:
    (A) For sources utilizing Method 18.

    [GRAPHIC] [TIFF OMITTED] TR14JN05.000
    
Where:

Eh = Total organic mass flow rate, kg/h;
Q2sd = Volumetric flow rate of gases entering or exiting 
control device, as determined by Method 2, dscm/h;
n = Number of organic compounds in the vent gas;
Ci = Organic concentration in ppm, dry basis, of compound i 
in the vent gas, as determined by Method 18;
MWi = Molecular weight of organic compound i in the vent gas, 
kg/kg-mol;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 
mm Hg);
10-6 = Conversion from ppm

    (B) For sources utilizing Method 25A.

Eh = (Q)(C)(MW)(0.0416)(10-6)

Where:

Eh = Total organic mass flow rate, kg/h;
Q = Volumetric flow rate of gases entering or exiting control device, as 
determined by Method 2, dscm/h;
C = Organic concentration in ppm, dry basis, as determined by Method 
25A;
MW = Molecular weight of propane, 44;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 
mm Hg);
10-6 = Conversion from ppm.

    (v) The annual total organic emission rate shall be determined by 
the following equation:

EA=(Eh) (H)

where:

EA=Total organic mass emission rate, kg/y;
Eh=Total organic mass flow rate for the process vent, kg/h;
H=Total annual hours of operations for the affected unit, h.

    (vi) Total organic emissions from all affected process vents at the 
facility shall be determined by summing the hourly total organic mass 
emission rates (Eh, as determined in paragraph (c)(1)(iv) of 
this section) and by summing the annual total organic mass emission 
rates (EA, as determined in paragraph (c)(1)(v) of this 
section) for all affected process vents at the facility.
    (2) The owner or operator shall record such process information as 
may be necessary to determine the conditions of the performance tests. 
Operations during periods of startup, shutdown, and malfunction shall 
not constitute representative conditions for the purpose of a 
performance test.
    (3) The owner or operator of an affected facility shall provide, or 
cause to be provided, performance testing facilities as follows:
    (i) Sampling ports adequate for the test methods specified in 
paragraph (c)(1) of this section.
    (ii) Safe sampling platform(s).
    (iii) Safe access to sampling platform(s).
    (iv) Utilities for sampling and testing equipment.
    (4) For the purpose of making compliance determinations, the time-
weighted average of the results of the three runs shall apply. In the 
event that a sample is accidentally lost or conditions occur in which 
one of the three runs must be discontinued because of forced shutdown, 
failure of an irreplaceable portion of the sample train, extreme 
meteorological conditions, or other circumstances beyond the owner or 
operator's control, compliance may, upon the Regional Administrator's 
approval, be determined using the average of the results of the two 
other runs.
    (d) To show that a process vent associated with a hazardous waste 
distillation, fractionation, thin-film evaporation, solvent extraction, 
or air or steam stripping operation is not subject to the requirements 
of this subpart, the owner or operator must make an initial 
determination that the time-weighted, annual average total organic 
concentration of the waste managed by the waste management unit is less 
than 10 ppmw using one of the following two methods:
    (1) Direct measurement of the organic concentration of the waste 
using the following procedures:
    (i) The owner or operator must take a minimum of four grab samples 
of waste for each waste stream managed in the affected unit under 
process conditions expected to cause the maximum waste organic 
concentration.
    (ii) For waste generated onsite, the grab samples must be collected 
at a

[[Page 616]]

point before the waste is exposed to the atmosphere such as in an 
enclosed pipe or other closed system that is used to transfer the waste 
after generation to the first affected distillation fractionation, thin-
film evaporation, solvent extraction, or air or steam stripping 
operation. For waste generated offsite, the grab samples must be 
collected at the inlet to the first waste management unit that receives 
the waste provided the waste has been transferred to the facility in a 
closed system such as a tank truck and the waste is not diluted or mixed 
with other waste.
    (iii) Each sample shall be analyzed and the total organic 
concentration of the sample shall be computed using Method 9060A 
(incorporated by reference under Sec. 260.11 of this chapter) of ``Test 
Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA 
Publication SW-846; or analyzed for its individual organic constituents.
    (iv) The arithmetic mean of the results of the analyses of the four 
samples shall apply for each waste stream managed in the unit in 
determining the time-weighted, annual average total organic 
concentration of the waste. The time-weighted average is to be 
calculated using the annual quantity of each waste stream processed and 
the mean organic concentration of each waste stream managed in the unit.
    (2) Using knowledge of the waste to determine that its total organic 
concentration is less than 10 ppmw. Documentation of the waste 
determination is required. Examples of documentation that shall be used 
to support a determination under this provision include production 
process information documenting that no organic compounds are used, 
information that the waste is generated by a process that is identical 
to a process at the same or another facility that has previously been 
demonstrated by direct measurement to generate a waste stream having a 
total organic content less than 10 ppmw, or prior speciation analysis 
results on the same waste stream where it can also be documented that no 
process changes have occurred since that analysis that could affect the 
waste total organic concentration.
    (e) The determination that distillation fractionation, thin-film 
evaporation, solvent extraction, or air or steam stripping operations 
manage hazardous wastes with time-weighted annual average total organic 
concentrations less than 10 ppmw shall be made as follows:
    (1) By the effective date that the facility becomes subject to the 
provisions of this subpart or by the date when the waste is first 
managed in a waste management unit, whichever is later; and
    (2) For continuously generated waste, annually; or
    (3) Whenever there is a change in the waste being managed or a 
change in the process that generates or treats the waste.
    (f) When an owner or operator and the Regional Administrator do not 
agree on whether a distillation, fractionation, thin-film evaporation, 
solvent extraction, or air or steam stripping operation manages a 
hazardous waste with organic concentrations of at least 10 ppmw based on 
knowledge of the waste, the dispute may be resolved using direct 
measurement as specified at paragraph (d)(1) of this section.

[55 FR 25507, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991; 
61 FR 59970, Nov. 25, 1996; 62 FR 32463, June 13, 1997; 70 FR 34586, 
June 14, 2005]