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

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

Hazardous Waste Treatment, Storage, and Disposal Facilities

[Federal Register: December 6, 1994]

Part IV

Environmental Protection Agency

40 CFR Part 9 et al.

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

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

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

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

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

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

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

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

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

I. Compliance Dates

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

II. Summary of Rule Changes Since Proposal

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

A. TSDF Tanks, Surface Impoundments, and Containers

A new subpart CC is added by today's action to both 40 CFR parts 264 and 265. Subpart CC under 40 CFR part 264 applies to owners and operators of permitted TSDF while subpart CC under 40 CFR part 265 applies to owners and operators of interim-status TSDF. All changes since proposal to subpart CC in 40 CFR part 264 and to subpart CC in 40 CFR part 265 are identical with the exception of changes to the rule reporting requirements. There are no reporting requirements under 40 CFR 265 subpart CC for owners and operators of interim-status TSDF. Hereafter for convenience in this preamble, the term ``subpart CC standards'' is used collectively to refer to both subpart CC in 40 CFR part 264 and subpart CC in 40 CFR part 265. The compliance time for the subpart CC standards has been revised since proposal to allow up to an additional 30 months after June 5, 1995 to install and begin operation of air emission control equipment required by the rule provided that the owner or operator develops and places in the facility operating records by this date an implementation schedule for installation of the equipment. Compliance dates and implementation requirements for the final rule are explained in sections I and VIII of this preamble.

Applicability
The applicability of the subpart CC standards has been revised since proposal to specifically exempt from the rule certain tanks surface impoundments, and containers in which the owner or operator has stopped adding hazardous waste. The subpart CC standards do not apply to a tank, surface impoundment, or container that meets either of the following conditions:
(1) No hazardous waste is added to the waste management unit on or after June 5, 1995 (see generally 55 FR 39409, September 27, 1990); or (2) Addition to hazardous waste to the waste management unit is stopped and the owner or operator has begun implementing or completed closure pursuant to an approved closure plan. In addition, the applicability of the subpart CC standards has been changed such that the rule is not applicable to any container having a design capacity less than 0.1 m\3\ (approximately 26 gallons) regardless of the organic content of the hazardous waste handled in the container. In response to comments on the proposed rule, the EPA reviewed the types of small containers commonly used to accumulate and transfer hazardous waste. Considering the small quantity of hazardous waste handled in a sample collection vial, safety can, disposal can, and other types of small containers and the short periods of time that the waste normally remains in one of these containers, the EPA concluded that existing rules for containers having a design capacity less than 0.1 m\3\ are sufficient to protect human health and the environment.
Finally, the EPA has decided to temporarily defer application of the subpart CC standards to tanks, surface impoundments, and containers managing hazardous wastes under certain special circumstances. For now, the EPA is deferring application of the subpart CC standards to waste management units that are used solely to treat or store hazardous wastes generated on-site from remedial activities required under RCRA corrective action or CERCLA response authorities (or similar State remediation authorities). Also, the EPA is deferring application of the subpart CC standards to waste management units that are used solely to manage radioactive mixed wastes. The EPA's rationale for these deferrals is explained in section VIII.A.1 of this preamble.
General Standards
For each tank, surface impoundment, or container to which the subpart CC standards apply (referred to here as an ``affected unit''), the owner or operator is required to use the air emission controls specified in the rule except when the hazardous waste placed in an affected unit meets certain conditions. As explained in the following paragraphs, the conditions under which an affected unit is exempted from the air emission control requirements of the subpart CC standards have been revised since proposal.
a. Waste volatile organic concentration exemption. Under the final subpart CC standards, an affected unit is exempt from the air emission control requirements of the rule if all hazardous waste placed in the unit is determined to have an average volatile organic concentration less than 100 parts per million by weight (ppmw) based on the organic composition of the hazardous waste at the point of waste origination. This waste volatile organic concentration limit incorporates several revisions that have been made by the EPA since proposal. First, the format for the limit has been changed to be the average volatile organic concentration of the hazardous waste on a massweighted basis during normal operating conditions for the source or process generating the waste (in contrast to the proposed format of the maximum volatile organic concentration for the hazardous waste never to be exceeded). Averaging periods up to 1 year in duration are allowed for each individual waste stream under the final rule. The procedures for determining the average volatile organic concentration of a waste are explained further under ``Waste Determination Procedures'' in this section and in section VII.A.3 of this preamble. Second, determination of the volatile organic concentration of the waste under the final rule is based on the organic composition of the waste at the ``point of waste origination'' (instead of the ``point of waste generation'' as proposed). The ``point of waste origination'' is defined in the final rule with respect to the point where the TSDF owner or operator first has possession of a hazardous waste. When the TSDF owner or operator is the generator of the hazardous waste, the ``point of waste origination'' means the point where a solid waste produced by a system, process, or waste management unit is determined to be a hazardous waste as defined in 40 CFR part 261. In this case, this term is being used in a similar manner to the use of the term ``point of generation'' in waste operations air standards established under authority of the Clean Air Act in 40 CFR parts 60, 61, and 63 of this chapter. When neither the TSDF owner nor operator is the generator of the hazardous waste, the ``point of waste origination'' means the point where the owner or operator accepts delivery or takes possession of the hazardous waste.
Finally, the EPA revised the impact analysis used for this rulemaking after proposal to incorporate additional TSDF industry data. An opportunity for public comment on this analysis was provided by the EPA (refer to sections III.B and VI.B of this preamble). Based on the revised analysis results, the EPA selected a new value for the volatile organic concentration limit. Section V.C of this preamble presents the rationale for the selection of the control option used as the basis for the final rule.
b. Treated hazardous waste exemption. Under the subpart CC standards, each affected tank, surface impoundment, and container that manages hazardous waste having an average volatile organic concentration equal to or greater than 100 ppmw, as determined by the procedures specified in the rule, is required to use air emission controls in accordance with the rule requirements. The owner or operator must install and operate the specified air emission controls on every affected tank, surface impoundment, and container used in the waste management sequence from the point of waste origination (as applies to the specific hazardous waste stream) through the point where the organics in the waste are removed or destroyed by a process in accordance with the requirements of the rule. If a particular hazardous waste is not treated to meet these requirements, then all affected units at the TSDF used in the waste management sequence for this hazardous waste are required to use the air emission controls specified by the subpart CC standards.
If the hazardous waste is treated to remove or destroy the organics in the waste by a process that meets or exceeds a minimum level of performance as specified in the rule, then affected units at the TSDF operated downstream of the treatment process in the waste management sequence for this hazardous waste are not required to use the air emission controls specified by the subpart CC standards. It is important to emphasize that tanks, surface impoundments, and containers (subject to the rule) in which the treatment process is conducted are required to use the applicable air emission controls specified by the subpart CC standards with the exception of certain tanks and surface impoundments used for active biological treatment of hazardous waste and achieving the performance requirements specified in the rule (this exception is explained further in section VII.A.4 of this preamble). The conditions under which a treated hazardous waste no longer is required to be managed in affected units using air emission controls under the subpart CC standards have been revised and expanded since proposal to include many alternatives from which an owner or operator can choose one with which to comply. The final subpart CC standards allow an owner or operator to use any type of treatment process that can continuously achieve one of the specified sets of performance conditions. These conditions have been changed to include: (1) The average volatile organic concentration of the hazardous waste exiting the process is less than 100 ppmw (except for certain site-specific situations where multiple hazardous waste streams are treated by a single process in which case a volatile organic concentration limit for the waste exiting the process is established by the rule procedures at a value lower than 100 ppmw); (2) The organic reduction efficiency for a process treating multiple hazardous waste streams is equal to or greater than 95 percent, and the average volatile organic concentration of the hazardous waste exiting the treatment process is less than 50 ppmw; or (3) The actual organic mass removal rate for the process is greater than the required mass removal rate established for the process. The alternative treatment process performance requirements specified in the final subpart CC standards are discussed further in section VII.A.2 of this preamble.
The proposed explicit exemption for hazardous wastes complying with the land disposal restriction (LDR) treatment standards is not included in the final subpart CC standards. The EPA concluded that the expanded number of alternatives for treated hazardous waste and other provisions added to the final rule provide a reasonable regulatory mechanism by which a TSDF owner or operator can determine whether a hazardous waste complying with the LDR treatment standards is exempted from being managed in accordance with the air emission control requirements of the subpart CC standards.
Waste Determination Procedures
As already noted, the procedures that a TSDF owner or operator may use to determine the volatile organic concentration of a hazardous waste have been revised for the final subpart CC standards. For a case when direct measurement is chosen for determining the volatile organic concentration of a hazardous waste, the proposed statistical calculation procedure using Method 25D results is not included in the final subpart CC standards. Instead, procedures are specified in the final rule to compute the mass-weighted average volatile organic concentration of a hazardous waste using Method 25D results for waste generated as part of a continuous process and for waste generated as part of a batch process. Under circumstances when the same batch process is performed repeatedly but not necessarily continuously, the final rule allows the owner or operator to determine the average volatile organic concentration of the waste from this process by averaging results for one or more representative waste batches generated by the process. In all cases, a sufficient number of waste samples for analysis (with a minimum of four samples) must be collected to be representative of the normal range of the operating conditions for the source or process generating the hazardous waste. Normal operating conditions for the source or process generating the waste include cyclic process operations such as startup and shutdown. Process malfunctions, maintenance activities, or equipment cleaning are not considered to be normal operating conditions for the purpose of determining the average volatile organic concentration of a waste. These waste determination procedures are discussed further in section VII.A.3 of this preamble.
The proposed explicit requirements for determining the volatile organic concentration of a hazardous waste using information in a waste certification notice prepared by the waste generator are not included in the final rule. Instead, for hazardous waste that is not generated by the TSDF owner or operator (i.e., waste shipped to the TSDF from off-site sources under different ownership), the final rule allows the TSDF owner or operator to determine the waste volatile organic concentration by either testing the waste when he or she accepts delivery of the hazardous waste or using appropriate information about the waste composition that is prepared by the generator of the waste. The generator prepared information can be included in manifests, shipping papers, or waste certification notices accompanying the waste shipment, as agreed upon between the waste generator and the TSDF owner or operator.
Tank Standards
Several changes to the tank standards have been made since proposal. An exemption from the tank standards has been added for those affected tanks used for biological treatment of a hazardous waste in accordance with requirements specified in the rule. Changes have been made to clarify the regulatory text regarding the tank cover design and operating requirements. Also, the conditions have been clarified that must be met for a particular tank to use a fixed-roof type cover without any additional controls in accordance with the subpart CC standards. Finally, provisions have been added to the rule to address those special situations in which emergency venting of the tank or the air emission controls installed on the tank is necessary for safety.
Surface Impoundment Standards
Changes to the surface impoundments standards have been made to be consistent with the changes to the tank standards as applicable.
Container Standards
Several changes have been made to the container standards since proposal in addition to limiting the applicability of the subpart CC standards to containers having a design capacity equal to or greater than 0.1 m\3\. The air emission control requirements for affected containers have been revised to provide several air emission control alternatives from which an owner or operator may choose one with which to comply. For containers having a design capacity less than or equal to 0.46 m\3\ (approximately 119 gallons), an owner or operator may place the hazardous waste in drums that meet U.S. Department of Transportation (DOT) specifications under 49 CFR part 178 without any additional testing, inspection, or monitoring requirements. An owner or operator is also allowed under the final rule to place the hazardous waste in tank trucks and tank railcars that are annually demonstrated to be vapor tight using Method 27 in 40 CFR part 60, appendix A without any additional testing, inspection, or monitoring requirements. The requirements for waste transfer operations for containers have been revised under the final subpart CC standards. Submerged-fill of hazardous waste that is loaded into containers by pumping is required only when transferring the waste into containers having a design capacity greater than 0.46 m\3\. Submerged fill of the waste is not required when filling smaller size containers such as 55-gallon drums. The air emission control requirements for owners and operators treating hazardous waste in open containers have been revised. Whenever it is necessary for the container to be open during the treatment process, the container is required to be located in an enclosure connected to a closed-vent system with an operating organic emission control device. The final subpart CC standards include specific enclosure design and operation requirements which allow the enclosure to have permanent openings for worker access. Finally, the container standards have been revised to be consistent with the safety venting provisions added to the tank and surface impoundment standards.
Closed-Vent System and Control Device Standards The design and operating requirements for closed-vent systems and control devices have been changed to be consistent with those requirements already applicable to TSDF owners and operators under subpart AA in 40 CFR parts 264 and 265. The subpart AA standards have been in effect since 1990 and establish RCRA air standards to control organic emissions from process vents on certain types of hazardous waste treatment units.
Inspection and Monitoring Requirements The inspection and monitoring requirements under the subpart CC standards have been revised since proposal. The requirements for inspection and monitoring of closed-vent systems and control devices have been changed to be identical to the inspection and monitoring requirements under subpart AA in 40 CFR parts 264 and 265. The required interval for the visual inspection of covers installed on tanks, surface impoundments, and certain containers has been changed to once every 6 months. After the initial cover inspection and monitoring for detectable organic emissions is completed, the owner or operator is only required to inspect and monitor those cover openings that have been opened (i.e., have not continuously remained in a closed, sealed position) since the last visual inspection and monitoring. Special inspection and monitoring provisions have been added for cover fittings that are unsafe or difficult, as defined in the rule, for facility personnel to inspect and monitor.
The subpart CC standards have been changed to allow leak repair on tank and surface impoundment covers to be delayed beyond 15 calendar days if both of the following conditions occur: (1) Repair of the leak requires first emptying the contents of the tank or surface impoundment; and (2) temporary removal of the tank or surface impoundment from service will result in the unscheduled cessation of production from the process unit, or operation of the waste management unit, that is generating the hazardous waste managed in the tank or surface impoundment. Repair of a leak must be performed at the next time the process, system, or waste management unit that is generating the hazardous waste managed in the tank or surface impoundment stops operation for any reason.
Recordkeeping Requirements
The subpart CC standards have been changed to require cover design documentation only for floating roof-type tank covers, surface impoundment covers, and enclosures used for control of air emissions from containers. Also, the recordkeeping requirements have been revised as appropriate to address the changes to the final rule described previously in this section of the preamble.
Reporting Requirements
The reporting requirements in the subpart CC standards are the same as proposed with one exception. The time interval within which TSDF owners and operators subject to the subpart CC standards under 40 CFR part 264 must report to the Regional Administrator all circumstances resulting in noncompliance with the applicable conditions has been changed to within 15 calendar days of the time that an owner or operator becomes aware of the circumstances. B. TSDF Miscellaneous Units
Today's action amends 40 CFR 264.601 by adding to the permit terms and provisions required for RCRA permitting of a miscellaneous unit the appropriate air emission control requirements in 40 CFR part 264, subparts AA, BB, and CC. This amendment is the same as proposed.
C. Generator 90-Day Tanks and Containers
The conditions with which a hazardous waste generator must comply, pursuant to 40 CFR 262.34(a), to exempt tanks and containers accumulating hazardous waste on-site for no more than 90 days from the RCRA subtitle C permitting requirements are amended by today's action to include compliance with the air emission control requirements of 40 CFR part 265, subparts AA, BB, and CC. This amendment is the same as proposed.
D. Other RCRA Regulatory Actions
The EPA proposed several amendments to existing RCRA air standards. One amendment proposed adding requirements for the management of spent carbon removed from a carbon adsorption system to the closed-vent system and control device standards under 40 CFR part 264, subparts AA and BB, and 40 CFR part 265, subparts AA and BB. The final amendment has been revised to allow the owner or operator the additional option of burning the spent carbon in a boiler or industrial furnace that is permitted under subpart H of 40 CFR part 266. A second amendment promulgated today updates the leak detection monitoring provisions under 40 CFR part 264, subparts AA and BB, and 40 CFR part 265, subparts AA and BB for closed-vent systems to be consistent with other air standards recently promulgated by the EPA. Under this amendment, annual leak detection monitoring is not required for those closed-vent system components which continuously operate in vacuum service or those closed-vent system joints, seams, or other connections that are permanently or semi-permanently sealed (e.g., a welded joint between two sections of metal pipe, a bolted and gasketed pipe flange).
E. Test Methods
As part of this rulemaking, the EPA proposed two new reference test methods (Method 25D and Method 25E) to be added to 40 CFR part 60, Appendix A. Method 25D is a test method for the determination of the volatile organic concentration of waste materials. Since proposal, the EPA decided it is also appropriate to use method 25D to implement other EPA air standards being developed under authority of the Clean Air Act. The promulgation of some of these other air standards prior to today's action required the EPA to promulgate Method 25D in a separate rulemaking (refer to 59 FR 19402, April 22, 1994). Comments and responses relevant to Method 25D for this rulemaking are in the BID for the final rule and in the dockets pertaining to this rulemaking. Method 25E is being promulgated today. Method 25E is the test method for determining the organic vapor pressure of wastes. The sampling requirements for Method 25E have been revised since proposal to provide for sampling of the waste in a tank.
III. Summary of Final Rule Impacts
The EPA estimates that implementation of the subpart CC standards will reduce nationwide organic emissions from TSDF tanks, surface impoundments, and containers by approximately 970,000 Mg/yr. In addition, the EPA estimates that nationwide organic emissions from 90- day tanks and containers will be reduced by approximately 73,000 Mg/yr. Control of organic air emissions addresses many air quality problems including ambient ozone formation, adverse human health effects from inhalation of air toxics, and, to a lesser extent, depletion of stratospheric ozone. Ambient ozone concentrations exceed the National Ambient Air Quality Standards (NAAQS) in many metropolitan areas throughout the United States. Thus, the rule promulgated today will contribute to progress in attaining the NAAQS for ozone in nonattainment areas and also in preventing significant deterioration of the air quality in those areas of the United States currently in attainment with the NAAQS for ozone.
Today's action will also significantly reduce the risk to the public of contracting cancer posed by exposure to toxic constituents contained in the organic emissions from hazardous waste management activities. The cancer risk to the entire exposed population nationwide (i.e., annual cancer incidence) from exposure to organic emissions from TSDF is estimated by the EPA to be reduced from approximately 48 cases per year to a level of 2 cases per year. Annual cancer incidence as a result of exposure to organic emissions from 90-day tanks and containers is estimated by the EPA to be reduced from approximately four cases per year to less than one case per year. Maximum individual risk (MIR) is a measure of the added probability of a person contracting cancer if exposed continuously over a 70-year period to the highest annual average ambient concentration of the air toxics emitted from a TSDF site. There are approximately 2,300 TSDF locations in the United States. The MIR for all but approximately 20 of these facilities is estimated by the EPA to be reduced by implementation of the subpart CC standards to a level that is less than 1 x 10<difference>\4\. The target MIR levels historically used by the EPA for other promulgated RCRA standards range from 1 x 10<difference>\4\ to 1 x 10<difference>\6\. Because the MIR values for a few TSDF are estimated to remain higher than the historical RCRA target, the EPA is continuing to evaluate the waste management practices and the individual chemical compounds composing the organic emissions at these TSDF. Following this evaluation, the EPA will determine what other actions are necessary to attain the health-based goals of RCRA section 3004(n). The omnibus permitting authority in section 3005(c)(3) can be invoked to supplement or add to the requirements in today's rule, should the rule be determined to be insufficient to assure protection of human health and the environment at a particular facility.
The total nationwide capital investment cost to TSDF owners and operators to implement the subpart CC standards is estimated by the EPA to be approximately $290 million. The total nationwide annual cost for these standards is estimated to be approximately $110 million per year. The total nationwide capital costs to hazardous waste generators of installing the required air emission controls on 90-day tanks and containers is estimated by the EPA to be approximately $23 million. Total nationwide annual cost for the 90-day tank and container controls is estimated to be approximately $7 million. The EPA concludes that the rule promulgated today will not have a significant economic impact on hazardous waste generators or TSDF owners and operators. Prices for commercial hazardous waste management services are estimated by the EPA to increase by less than 1 percent on a nationwide annualized basis. The quantity of hazardous waste handled by commercial hazardous waste management companies is projected to be reduced by less than 1 percent on a nationwide annualized basis. Few, if any, facility closures are anticipated. Job losses in the hazardous waste industry are estimated to be less than 1.5 percent. Furthermore, this impact on employment does not reflect positive employment effects on industries producing the air emission control equipment that will be used to comply with the rule. No significant impacts are expected on small businesses.
IV. Background
A. Implementation of RCRA Section 3004(n)
The Hazardous and Solid Waste Amendments of 1984 added section 3004(n) to RCRA. Section 3004(n) directs the EPA to promulgate regulations for the monitoring and control of air emissions from TSDF as may be necessary to protect human health and the environment. The EPA completed the first phase of its regulatory development program to implement this Congressional directive with the promulgation of RCRA air standards that control organic emissions vented from certain hazardous waste treatment processes (i.e., distillation, fractionation, thin-film evaporation, solvent extraction, steam stripping, and air stripping) as well as from leaks in certain ancillary equipment used for hazardous waste management processes (55 FR 25454, June 21, 1990). Today's action completes the second phase of the EPA's regulatory development program with the promulgation of RCRA air standards for tanks, surface impoundments, containers, and miscellaneous units operated at TSDF. This rulemaking also adds air emission control requirements for certain hazardous waste generators accumulating waste on-site in RCRA permit-exempt tanks and containers. As described at proposal (56 FR 33496, July 22, 1991), the EPA decided in both the first and second phases to develop standards that control organic emissions as a class (as opposed to constituent-byconstituent). Implementation of these nationwide standards will achieve significant organic emission and cancer risk reductions. However, the EPA estimates the cancer risk at a few TSDF after implementation of these nationwide standards to remain at a level that is higher than the range of target risk levels for other promulgated RCRA standards (refer to section V.C of this preamble.) The third phase of this regulatory development program is to determine what other actions are necessary to attain the health-based goals of RCRA section 3004(n). To make this determination, the EPA is evaluating hazardous waste operations at those individual TSDF estimated to have MIR values greater than the historical RCRA target MIR levels.
B. Public Participation in Rulemaking
The EPA is promulgating today's final rule after careful consideration of public comments on the proposed rule (56 FR 33491, July 22, 1991). The preamble to the proposed rule discussed the availability of the background information document (BID) pertaining to the health effects of organic emissions from hazardous waste TSDF using tanks, surface impoundments, and containers. The EPA mailed copies of the Federal Register notice and the BID for the proposed rule to industry representatives, environmental groups, and State and Federal agencies.
The EPA solicited comments from the public at the time of proposal and provided a 90-day comment period, from July 22, 1991 to October 21, 1991, for the public to prepare and submit written comments on the proposed rule. In addition, the EPA provided the opportunity for a public hearing to allow interested persons to present oral comments to the EPA concerning the proposed rule. However, no one requested that the EPA hold a public hearing on the proposed rule. The EPA did receive written comments from more than 80 companies, industrial trade associations, environmental groups, and State and Federal agencies. The BID for the final rule summarizes all of the comments on the proposed rule and presents the EPA's response to each of the comments. Section VI of this preamble presents responses to selected major comments. Following the EPA's review of public comments received on the proposed rule, the EPA revised the impact analysis used for its final determination regarding today's rulemaking. This analysis used additional TSDF industry data obtained by the EPA. The EPA provided an opportunity for public comment on the additional TSDF industry data used for the impact modeling revisions. A Federal Register Notice of Data Availability (57 FR 43171, September 18, 1992) listed these additional data. The EPA also made the data available for public inspection at the EPA RCRA Docket Office. A 30-day comment period, from September 18, 1992 to October 19, 1992, provided the public the opportunity to comment on the additional data. The EPA received comments on the additional data from one industrial trade association. Section VI.B of this preamble presents a summary of these comments.
C. Relationship to Other RCRA Standards
1. RCRA Rules for TSDF Owners and Operators Today's action establishes organic air emission control requirements for TSDF tanks, surface impoundments, and certain containers. Other types of waste management units operated at TSDF may be subject to these air emission control requirements as follows. a. Miscellaneous units. Under RCRA in 40 CFR 260.10, the EPA defines a ``miscellaneous unit'' as a hazardous waste management unit where waste is treated, stored, or disposed of that is not a container, tank, surface impoundment, wastepile, land treatment unit, landfill, incinerator, boiler, industrial furnace, underground injection well with appropriate technical standards under 40 CFR part 146, or a unit eligible for a research, development, and demonstration permit under 40 CFR 270.65. The EPA has established provisions under 40 CFR part 264, subpart X to allow TSDF owners and operators to obtain permits to operate miscellaneous units. The EPA permits miscellaneous units on a case-by-case basis with terms and provisions as needed to protect public health and the environment through generic performance standards specified in 40 CFR 264.601.
 Today's rule amends Sec. 264.601 to state that the air emission controls required by the standards under 40 CFR 264 subparts AA, BB, and CC are among the ``appropriate'' controls a permit writer may require for a miscellaneous unit ``to ensure protection of human health and the environment.'' Applicability of today's rule to miscellaneous units is discussed further in Section VII.B of this preamble. b. Land disposal restrictions. The RCRA LDR treatment standards under 40 CFR part 268 require TSDF owners and operators to treat hazardous waste to reduce the toxicity or mobility of specific constituents in the waste before the TSDF owner or operator can place the waste in a land disposal unit. Under certain conditions, the EPA may grant a TSDF owner or operator permission to land dispose a hazardous waste that does not meet the LDR treatment standards in a particular land treatment unit, landfill, wastepile, or surface impoundment. This action is referred to as the ``no migration'' variance. To obtain a ``no migration'' variance, a TSDF owner or operator must demonstrate in a petition to the EPA that, with a reasonable degree of certainty, there will be no migration of hazardous constituents from the disposal unit for as long as the waste remains hazardous.
 On August 11, 1992, the EPA proposed its interpretation of the term ``no migration'', the procedures and substantive requirements for submitting to the EPA a petition to demonstrate ``no migration'' from a land disposal unit, and the EPA's criteria for evaluating the petitions (57 FR 35940). This proposal includes amending 40 CFR 268.6 to add as a condition for receiving a no migration variance that the applicant demonstrate that the subject land disposal unit complies with the applicable air emission standards the EPA has developed under 40 CFR parts 264 and 265.
 c. Corrective action requirements. The EPA is temporarily deferring applicability of the subpart CC standards to any tank, surface impoundment, or container which is used solely for on-site treatment or storage of hazardous waste that is generated as the result of implementing remedial activities required under the RCRA corrective action authorities of 3004(u), 3004(v) or 3008(h). The EPA's rationale for this temporary deferral is explained in section VII.A.1 of this preamble.
2. RCRA Rules for Hazardous Waste Generators Hazardous waste generators who accumulate waste on-site in containers or tanks for short periods of time can elect to be exempted from RCRA subtitle C permitting requirements provided that a generator complies with provisions specified in 40 CFR 262.34. The EPA allows a generator who generates 1,000 kilograms or more of hazardous waste per month to accumulate the hazardous waste on-site for up to 90 days in tanks and containers without a permit provided the generator complies with certain conditions specified in 40 CFR 262.34(a). These conditions include compliance with the requirements of 40 CFR part 265, subpart I when the waste is accumulated in a container and 40 CFR part 265, subpart J when the waste is accumulate in a tank. Tanks and containers used to accumulate hazardous waste on-site for 90 days or less pursuant to the conditions of 40 CFR 262.34(a) are hereafter referred to in this preamble as ``90-day tanks and containers.'' The rule promulgated today only amends the RCRA permit exemption requirements for generators operating 90-day tanks and containers. This action does not affect the existing RCRA permit exemption requirements for generators operating tanks and containers for on-site accumulation of hazardous waste in accordance with the provisions of 40 CFR 262.34 (d) or (e). Applicability of today's rule to 90-day tanks and containers is discussed further in Section VI.D of this preamble.
3. RCRA Rules for Hazardous Waste Transporters Regulations in 40 CFR part 263 establish standards that apply to persons transporting hazardous waste within the United States if the transportation requires a manifest under 40 CFR part 262. Today's action does not change the RCRA rules under 40 CFR part 263. However, the air standards promulgated today may indirectly affect transporters accepting certain organic-containing hazardous wastes from TSDF owners and operators. The final subpart CC standards require that TSDF owners and operators only load these hazardous wastes into containers (including tank truck, railcars, and roll-off boxes) that use air emission controls as specified in the rule. Consequently, to continue accepting hazardous waste from a TSDF owner or operator, in some cases, transporters may need to ensure that their containers meet the subpart CC standards. D. Relationship to CERCLA Standards
 The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), authorizes the EPA to undertake removal and remedial actions to clean up hazardous substance releases. Under CERCLA, on-site remedial actions are required to comply with the requirement of Federal and more stringent State environmental laws that are applicable or relevant and appropriate (ARAR) to the remedial action unless certain statutory waivers apply. In addition, the National Oil and Hazardous Substances Contingency Plan (NCP) provides that removal actions shall attain ARAR to the extent practicable considering the exigencies of the situation. [40 CFR 300.415(i)]. As explained in section VII.A.1 of this preamble, the EPA has decided to temporarily defer application of the subpart CC standards to tanks, containers and surface impoundments which are being used to treat or store hazardous wastes containing organics generated on-site from remedial activities required under RCRA corrective action or CERCLA response authorities, or similar State remediation authorities, provided that the wastes are managed in units that do not also manage other hazardous waste containing organics. However, after the temporary deferral has been lifted, today's rules may be considered an ARAR for certain types of remedial and removal actions. A requirement under a Federal or State environmental law may be either ``applicable'' or ``relevant and appropriate,'' but not both, to a remedial or removal action conducted at a CERCLA site. An ARAR is identified on a site-specific basis in a two-part analysis that considers first, whether a given requirement is applicable; then, if it is not applicable, whether it is nevertheless both relevant and appropriate. ``Applicable'' requirements as defined in the NCP are those that specifically address a hazardous substance, pollutant, contaminant, remedial action, location, or other circumstances found at a CERCLA site. [40 CFR 300.415(i)]. ``Relevant and appropriate'' requirements are those that, while not ``applicable'' at a CERCLA site, address problems or situations sufficiently similar to those encountered at the CERCLA site that their use is well suited to the particular site. [40 CFR 300.415(i)].
 Some waste management activities used for remedial and removal actions of hazardous organic substances require the use of tanks, surface impoundments, and containers. For example, a TSDF may treat hazardous organic liquids and surface water contaminated with hazardous organic waste on site using destruction, detoxification, or organic removal processes that occur in tanks or surface impoundments. The facility may perform on-site solvent washing of soils contaminated with hazardous organic sludges in a tank or container. At a TSDF, hazardous waste in leaking drums may be repacked in new containers for treatment and disposal at another site.
 Once today's deferral is lifted, the air emission control requirements of the subpart CC standards are likely to be ``applicable'' to on-site remedial and removal actions that use tanks, surface impoundments, and containers to manage substances exhibiting characteristics or listed under RCRA as hazardous waste and having an average volatile organic concentration equal to or greater than 100 ppmw. In other cases, the standards may be ``relevant and appropriate''; this determination must be made on a site specific basis.
 On the other hand, the subpart CC standards do not specify control requirements for wastepiles, landfills, and land treatment units that manage hazardous wastes at TSDF. Therefore, the standards are not likely to be ``applicable'' to excavation, capping of wastes, land treatment, land farming, in situ treatment activities, and other activities involving wastepiles and landfills at CERCLA sites. Although in most cases the EPA does not expect the subpart CC standards to be ``relevant and appropriate'' to these types of units at CERCLA sites, remedial and removal actions performed in wastepiles may in some cases be similar in nature and scale to the waste management activities performed in surface impoundments; and waste stabilization may involve the basic process and air emission mechanism regardless of whether the mixing of the waste and binder is conducted in a tank, surface impoundment, container, wastepile, landfill, or land treatment unit. Thus, in some cases the subpart CC standards may be ``relevant and appropriate'' for such actions; this determination must be made on a site specific basis.
 E. Relationship to Clean Air Act Standards
 Section 112 of the Clean Air Act (CAA) regulates stationary sources of hazardous air pollutants (HAP). This section was comprehensively amended under Title III of the 1990 Amendments to the CAA. Under the amended CAA section 112(b), Congress listed 189 chemicals, compounds, or groups of chemicals as HAP. The EPA is directed by the CAA to regulate HAP emissions from stationary sources by establishing national emission standards for hazardous air pollutants (NESHAP). The 1990 Amendments to the CAA required the EPA to develop and publish a list of source categories that emit HAP for which NESHAP will be developed. The EPA published its initial list of NESHAP source categories on July 16, 1992 (refer to 57 FR 31576). Many industrial sectors that may manage hazardous wastes are listed as specific NESHAP source categories. Consequently, facilities at which hazardous wastes are managed may be subject to both NESHAP and the RCRA air standards under 40 CFR part 264 and 265. At these facilities, some waste management units would be subject to either air emission control requirements under the NESHAP or the air emission control requirements under the RCRA air standards. However, in certain situations, some waste management units would be subject to air emission control requirements under both sets of rules.
 The CAA requires that the requirements of standards developed under the Act be consistent, but avoid duplication, with requirements of standards developed under RCRA. Consequently, the EPA is taking into account the air standards promulgated under RCRA section 3004(n) in determining the requirements for NESHAP affecting air emission sources at which hazardous waste could be managed.
 F. Relationship to Nuclear Regulatory Commission Standards
 Radioactive mixed wastes are wastes that contain radioactive materials as well as materials listed or identified as hazardous under RCRA. Radioactive mixed wastes must be managed in accordance with RCRA regulations, in addition, these wastes also are subject to standards administered by the Nuclear Regulatory Commission (NRC) under the Atomic Energy Act and Nuclear Waste Policy Act of 1982 that address the safe handling and disposal of radioactive waste. The EPA has previously stated its general position that the management of radioactive mixed waste at TSDF is subject to regulation under subtitle C of RCRA (51 FR 24504, July 3, 1986; 53 FR 37045, September 23, 1988). In developing the RCRA standards applicable to radioactive mixed wastes, the EPA considers the management practices required for these wastes to avoid inconsistencies between the EPA's hazardous waste management requirements and the NRC's radioactive waste management requirements. Furthermore, RCRA section 1006(a) precludes any solid or hazardous waste regulation by the EPA or a State that is ``inconsistent'' with the requirements of the Atomic Energy Act. Thus, in a case where the regulatory requirements for radioactive mixed waste are conflicting, the NRC requirement takes precedence over the RCRA requirement. Because of the potential that air emission control equipment required by the subpart CC standards promulgated today may conflict with certain radioactive waste management requirements under NRC standards, the EPA has decided to temporarily defer application of the subpart CC standards to tanks, containers, and surface impoundments which are being used solely to manage radioactive mixed wastes. This deferral is discussed further in section VII.A.1 of this preamble.
 V. Basis for Final Rule
 A. New Control Options
 The EPA developed a national impacts model specific to the air emission sources affected by this rulemaking to compare the human health and environmental protection provided by the different air emission control options. Following proposal of the rule, the EPA revised this model to incorporate new information obtained by the EPA and to address public comments on the impact analysis methodology received at proposal. Section VI.B of this preamble presents a further discussion of the impact analysis revisions. At proposal, the EPA gave notice that consideration of new results from revisions to the national impacts analysis could lead to selection of any one of the control options considered at proposal or possibly a new control option (56 FR 33516). Upon reviewing preliminary results for the revised national impacts model, the EPA decided to expand the number of control options considered for the final rule. The EPA first performed a screening evaluation by using the revised national impacts model to estimate the nationwide organic emission and cancer incidence reductions for the original five control option configurations described at proposal (56 FR 33512), plus nine new control option configurations. The EPA included a summary of the impacts model results for these 14 control options in the information listed in the Notice of Data Availability (57 FR 43171) and made available for public inspection at the EPA RCRA Docket Office (refer to RCRA docket entry number F-92-CESA-00018). The EPA used the screening evaluation results to select a final group of control options selected for further analysis. The EPA eliminated a control option from further consideration if another one of the control options was estimated to provide the same level of nationwide organic emission or cancer incidence reduction but at a lower cost. This is the same control option selection approach the EPA used at proposal.
 Based on the screening evaluation results, the EPA selected four control options for further analysis. In addition to the control option used as the basis for the proposed rule, the EPA also analyzed ``baseline'' impacts. These ``baseline'' impacts represent the estimated nationwide organic emissions and other impacts that would occur in the absence of implementing any of the control options. The final group of five control options (designated Options A through E) differ by the value used for the volatile organic concentration limit and the type of air emission controls used for surface impoundments. Option A requires air emission controls on all TSDF tanks, surface impoundments, and containers managing hazardous waste with any detectable volatile organic concentration as determined at the point where the waste is generated (i.e., a volatile organic concentration action level of 0 ppmw). Under Option A, tanks use a cover vented to a control device except for tanks handling certain hazardous wastes. Tanks in which the organic vapor pressure of the hazardous waste in the tank is less than 10.4 kPa (approximately 1.5 psi) may use a cover without additional controls. All surface impoundments use a cover vented to a control device. Containers use cover and submerged fill for loading hazardous wastes into the containers. Option B requires air emission controls only on those TSDF tanks, surface impoundments, and containers used to manage hazardous wastes having a volatile organic concentration at the point where the waste is generated equal to or greater than 100 ppmw. The control requirements are the same as described for Option A with one exception; surface impoundments used for storage of hazardous waste and surface impoundments used for treatment of hazardous waste by a process not requiring aeration or agitation of the waste require covers only. Option C requires air emission controls only on those TSDF tanks, surface impoundments, and containers used to manage hazardous wastes having a volatile organic concentration at the point where the waste is generated greater than 500 ppmw. The air emission control requirements are the same as described for Option B. Option C is the same control option selected as the basis for the proposed rule. Option D requires air emission controls only on those TSDF tanks, surface impoundments, and containers used to manage hazardous wastes having a volatile organic concentration at the point where the waste is generated greater than 1,500 ppmw. The air emission control requirements are the same as described for Options B and C. Option E requires air emission controls only on those TSDF tanks, surface impoundments, and containers used to manage hazardous wastes having a volatile organic concentration at the point where the waste is generated greater than 3,000 ppmw. The air emission control requirements are the same as described for Options B, C, and D.
 B. Control Option Impacts
 The EPA estimated nationwide organic emission and cancer risk reductions that would be achieved if air standards were implemented for each of the five control options. The ``baseline'' nationwide organic emissions from TSDF are estimated to be approximately 1 million Mg/yr. The estimated nationwide TSDF organic emissions assuming implementation of the individual control options are 30,000 Mg/yr for Option A, 41,000 Mg/yr for Option B, 48,000 Mg/yr for Option C, 51,000 Mg/yr for Option D, and 90,000 Mg/yr for Option E.
 To assess the risk of contracting cancer posed by exposure to organic emissions from TSDF, the EPA used two measures of health risk: Annual cancer incidence and maximum individual risk (MIR). The annual cancer incidence parameter represents an estimate of population risk and, as such, measures the aggregate risk to all people in the United States estimated to be living within the vicinity of TSDF. The MIR parameter represents the potential of air emissions from a particular source to cause cancer in the most exposed hypothetical individual under the assumptions used in the risk and exposure assessments. Estimation of these health risk parameters requires the EPA to make several critical assumptions regarding the TSDF plant configurations and operating practices, the composition of wastes managed at these TSDF, the cancer potency of the organics contained in these wastes, the emission of these organics to the atmosphere from TSDF sources, and the exposure of people living near TSDF to these air toxic emissions. The complex interrelationship of the various assumptions prevents the EPA from definitively characterizing the estimated health risk parameter values as being overestimates or underestimates. The EPA estimated annual cancer incidence for baseline and the five control options using the EPA's Human Exposure Model (HEM), the sitespecific cancer risk factors, and TSDF industry profile data bases. This risk value is based on the estimated number of excess cancers occurring in the nationwide population after a lifetime exposure (defined to be 70 years). For statistical convenience, the EPA divided the aggregate risk by 70 and expressed the risk as cancer incidence per year. The information provided in RCRA docket entry numbers F-92-CESAS 00014 and S00015 describes the estimation methodology in more detail. The EPA estimates baseline nationwide annual cancer incidence from exposure to TSDF organic emissions to be 48 cases per year. The estimated nationwide TSDF cancer incidences, assuming implementation of the individual control options, are two cases per year for Option A, two cases per year for Option B, four cases per year for Option C, five cases per year for Option D, and nine cases per year for Option E. The EPA uses the MIR parameter for relative comparisons of pollutants, emission sources, and control alternatives. For the impact analysis, the EPA estimated the MIR parameter assuming that exposure of the individual to the ambient air toxic concentrations occurs for 24 hours per day for a lifetime of 70 years. The EPA realizes that this is a conservative assumption since most people do not spend their entire lives at one location. However, it is completely possible for an individual to live in the same place for his or her entire life. Furthermore, other uncertainties in the analysis could lead to underestimating the risk. For example, the actual exposed subpopulations (such as children or asthmatics) may be more sensitive to the emitted air toxics than the reference adult male for which the unit risk factor extrapolations are based. In addition, the analysis does not address potential indirect exposure pathways to humans, or potential harm to environmental receptors. The MIR parameter reflects the added probability that a person would contract cancer if exposed continuously over a 70-year period to the highest annual average ambient concentration of the air toxics emitted from a TSDF. Baseline MIR from exposure to TSDF organic emissions is estimated to be 3 x 10\2\. The estimated MIR's, assuming implementation of the individual control options, are: 4 x 10-3 for Option A, 4 x 10-3 for Option B, 2 x 10-2 for Option C, 3 x 10-2 for Option D, and 3 x 10-2 for Option E. These MIR values apply only to the very few TSDF, of the approximately 2,300 TSDF operating in the United States, that are estimated to have the potential to cause the highest risk. The values do not represent actuarially measured risks nor do they apply to all TSDF in the United States. The EPA is not attempting to estimate any specific individual's potential of developing cancer. Finally, the EPA is not interpreting any of these estimates as indicators of the absolute risks of contracting cancer. Rather, the purpose of this cancer risk assessment, both for incidence and MIR, is to compare relative differences among the individual control options (i.e., ``degree'' of human health protection).
 In addition to estimating organic emissions and cancer risk parameters, the national impacts model provides an estimate of the total nationwide capital costs and annual costs to the TSDF owners and operators to install and operate the air emission controls specified by each control option. For these nationwide cost estimates, the EPA assumed that, at every TSDF location, treatment of all hazardous wastes to remove or destroy the organics in the waste occurs as the last step prior to disposal of the waste. In actuality, the EPA expects that, at many TSDF, the owner or operator (after becoming aware of the air standards) will elect to treat waste at an earlier step in the waste management sequence. By treating organics in compliance with one of the waste treatment alternatives provided in final rule, the owner or operator could avoid the costs of installing and operating control equipment on the downstream tanks, surface impoundments, and containers.
 Capital investment cost represents the cost to TSDF owners and operators to purchase and install the air emission control equipment. The estimated nationwide capital costs in 1986 dollars to implement the control options are: $520 million for Option A, $290 million for Option B, $240 million for Option C, $200 million for Option D, and $140 million for Option E. Annual cost represents the total cost to TSDF owners and operators each year to pay for operating and maintaining the air emission controls as well as to repay the capital investment for the air emission controls. The capital recovery was estimated using an interest rate of 10 percent applied over a period ranging from 10 to 20 years depending on the expected service life for each type of air emission control equipment. The estimated nationwide annual costs to implement the control options are: $190 million/yr for Option A, $110 million/yr for Option B, $90 million/yr for Option C, $80 million/yr for Option D, and $60 million/yr for Option E.
 C. Selection Rationale
 From Options A through E, the EPA selected one control option to serve as the basis for today's final rule. The EPA applied the same decision rationale used at proposal for this rulemaking (56 FR 33515- 33516, July 22, 1991) as well as for RCRA air standards promulgated under subparts AA and BB to 40 CFR parts 264 and 265 (refer to 55 FR 25470, June 21, 1990). This decision rationale requires the EPA to select, whenever possible, the level of control that provides an acceptable degree of protection of human health and the environment. If no control option is available to achieve acceptable levels of protection, the EPA's approach historically has considered cost under RCRA only for equally protective control options. All five of the control options considered for the final rule are estimated to achieve similar levels of substantial reductions in nationwide organic emissions from TSDF. The nationwide organic emission reductions for the control options are estimated to be approximately 970,000 Mg/yr for Option A, 960,000 Mg/yr for Option B, 950,000 Mg/yr for Option C, 950,000 Mg/yr for Option D, and 910,000 Mg/yr for Option E.
 Both Options A and B are estimated to achieve the lowest cancer MIR and greatest reduction in annual cancer incidence of the five options. However, none of the control options reduces MIR to the target cancer risk levels used for other promulgated RCRA standards, which have been in the range of 1 x 10-4 to 1 x 10-6. The estimated MIR is an order-of-magnitude higher for Options C, D, and E (2 x 10-2 for Option C, 3 x 10-2 for Options C and D) compared to Options A and B (4 x 10-3). Annual cancer incidence reductions estimated for Option C (44 cases per year), Option D (43 cases per year), and Option E (39 cases per year) are lower than the annual cancer incidence reductions estimated for Options A and B (46 cases per year). On the basis of the estimated annual cancer incidence and MIR, the EPA concluded that Options A and B are more protective of human health than Options C, D, or E. Therefore, the EPA eliminated Options C, D, and E from further consideration as the basis for the final rule. Both Options A and B are estimated to achieve the same level of cancer risk reduction (MIR to 4 x 10<difference>3 and annual cancer incidence to two cases per year). Therefore, the EPA concluded that Options A and B are equally protective of human health and the environment (to the extent ascertainable by this modelling methodology). Historically under RCRA, the EPA has considered control option costs only to select between options estimated to achieve equivalent levels of protection. Therefore, to select between Options A and B, the EPA compared the estimated costs to implement each of the control options. Option B requires the use of air emission controls only on those TSDF tanks, surface impoundments, and containers used to manage hazardous wastes with a volatile organic concentration at the point where the waste is generated equal to or greater than 100 ppmw. Because TSDF owners and operators would need to install and operate air emission controls on fewer TSDF tanks, surface impoundments, and containers, Option B would be less expensive for the TSDF industry to implement than Option A. Therefore, the EPA selected Option B as the basis for the final rule.
 While Option B does not achieve the target MIR levels historically used for other promulgated RCRA rules, Option B does achieve substantial reductions in cancer risk. The annual cancer incidence is estimated to be reduced by greater than 95 percent from the baseline value. Furthermore, the MIR for most of the 2,300 TSDF nationwide are estimated to achieve the target MIR levels. To address the remaining cancer risk at TSDF after implementation of the air standards promulgated today, the EPA is further evaluating the waste management practices and the specific chemical compounds composing the organic emissions from those individual TSDF for which the MIR values are estimated to be greater than the historical RCRA target MIR levels. Following this evaluation, the EPA will determine what other actions, such as the use of section 3005(c)(3) omnibus permitting authority or additional rulemaking, are necessary to attain the health-based goals of RCRA section 3004(n).
 VI. Summary of Responses to Comments on Proposed Rule
 All of the comments on the proposed rule and the EPA's response to each of these comments is presented in ``Hazardous Waste Treatment, Storage, and Disposal Facilities (TSDF)--Background Information for Promulgated Organic Air Emission Standards for Tanks, Surface Impoundments, and Containers'', EPA document number EPA-453/R-94-076b (to obtain a copy of this document refer to the ADDRESSES section of this preamble). The EPA's responses to topics addressed by many of the commenters are summarized below.
 A. Development of Air Standards Under RCRA
 Comment: Many comments were received regarding the extent to which the congressional directive of RCRA section 3004(n) should be implemented using air standards established by the EPA under Clean Air Act (CAA) authority. Commenters stated the position that protection of human health and the environment from TSDF air emissions is most appropriately, effectively, and efficiently addressed by developing air standards under the CAA authority. Therefore, commenters believe that the EPA should make the determination that the requirements of RCRA section 3004(n) are best fulfilled by deferring to air standards established under CAA authority. Commenters stated that the air standards proposed by the EPA under authority of RCRA section 3004(n) are:
 (1) Not needed because existing CAA programs adequately address the control of TSDF organic emissions;
 (2) Duplicative or contradictory of new programs now being implemented by the EPA to control hazardous air pollutants as directed by section 112 of the CAA;
 (3) Not in compliance with RCRA section 1006(b) regarding duplication or contradiction of CAA requirements; (4) Inconsistent with CAA programs that establish ozone precursor control requirements depending on the national ambient air quality standards attainment status of the region in which a source is located; (5) Inconsistent with the EPA's pollution prevention policy; (6) Contrary to the EPA's ``cluster concept'' of examining and coordinating regulations addressing the same emission source to minimize duplicative or contradictory requirements; and (7) Difficult to administer and enforce because, traditionally, one State regulatory agency administers rules regulating air emissions while another administers rules regulating hazardous waste management. Response: The Hazardous and Solid Waste Amendments to RCRA added section 3004(n), which directs the EPA to ``* * * promulgate regulations for the monitoring and control of air emissions from hazardous waste treatment, storage, and disposal facilities, including but not limited to open tanks, surface impoundments, and landfills, as may be necessary to protect human health and the environment.'' The EPA considers the most appropriate, effective, and efficient way to fulfill this congressional mandate is to develop air standards for TSDF that are implemented under the existing RCRA subtitle C permitting program already in place for these facilities. However, the EPA disagrees with one commenter's assertion that, in establishing these RCRA air standards, the EPA cannot consider the impact of air standards promulgated or currently being developed under other statutory authorities such as the CAA. On the contrary, RCRA section 1006(b) requires the EPA to coordinate its regulations under RCRA statutes and to avoid duplication, to the maximum extent practicable, with appropriate provisions of the CAA.
 The EPA disagrees that the requirements of RCRA section 3004(n) are best fulfilled by deferring to air standards established under CAA authority. There is no indication that Congress intended for air standards to be issued only within the authority granted to the EPA by the CAA. If this was the case, then Congress would not have amended RCRA section 3004(n) under HSWA after Congress had already authorized the EPA to control air emissions under the CAA. Refer to S. Rep. No. 284, 98th Cong. 1st sess. 63. Thus, both RCRA and the CAA authorize the EPA to control air emissions from TSDF. Although historically many standards promulgated by the EPA under authority of RCRA have addressed the prevention of soil and water contamination from improper management of hazardous waste, the EPA is not limited by RCRA to promulgating standards only for certain media (e.g., surface waters, groundwater, and soils). Indeed, RCRA section 3004(n) specifically directs the EPA to issue regulations controlling air emissions from TSDF as necessary to protect human health and the environment.
 The selection of TSDF air emission sources for control by establishing air standards under RCRA section 3004(n) is based on controlling those TSDF air emission sources determined by the EPA to have significant toxic and ozone precursor emission potential but for which emission control is not adequately addressed by other standards promulgated by the EPA such as NESHAP and NSPS established under the CAA. At proposal, the EPA concluded that additional air emission control requirements for TSDF tanks, surface impoundments, and containers are needed. This decision was based on the EPA's determination that existing and future Federal standards under the CAA and State air standards do not adequately address the control of TSDF organic air emissions.
 As previous described in section III.E of this preamble, CAA section 112 has been amended by Congress since RCRA section 3004(n) was enacted. Section 112 of the CAA as amended requires the EPA to identify major sources and area sources of HAP emissions and to develop NESHAP for these sources. To date for this air standards development program, the EPA has either promulgated or proposed several NESHAP that may apply to some hazardous waste management activities at TSDF. However, in general, these NESHAP added requirements to address HAP emissions from certain waste and material recovery operations that are not subject to or exempted from regulation under the RCRA air standards in 40 CFR parts 264 and 265. Thus, the NESHAP and other air standards being developed under CAA are not intended to duplicate the RCRA air standards, but instead to integrate with the RCRA air standards to create a comprehensive air program for addressing organic air emissions from all waste and related material recovery operations. For example, on-site wastewater treatment operations at synthetic organic chemicals manufacturing industry (SOCMI) facilities are regulated under the hazardous organic NESHAP (``the HON'') promulgated on April 22, 1994 (see 59 FR 19402). At many of these facilities, the hazardous wastewaters generated by process units and resulting wastewater treatment sludges are managed in tank systems that are exempted from RCRA permitting requirements under provisions in 40 CFR 264.1(g)(6) or 40 CFR 265.1(c)(10). Thus, the air emission control requirements under the HON, in most cases, affect wastewater treatment tanks not subject to the RCRA air standards. A second example is the recently proposed NESHAP for off-site waste and recovery operations (59 FR 51913, October 13, 1994). This NESHAP would apply to owners and operators of facilities, with certain exceptions, that manage wastes or recoverable materials which have been generated off-site at another facility and contain specific organic HAP. The rule would apply to operations managing solid wastes as defined under RCRA (hazardous and nonhazardous wastes) as well as operations handling recovered materials excluded from the RCRA definition of solid waste (e.g., recycled materials containing organic HAP, used oil reprocessed for sale as a fuel). As a result, certain off-site waste and recovery operations with organic HAP emissions, but exempted from regulation under the RCRA air standards, would be required to use air emission controls under this NESHAP. In contrast to the NESHAP now being developed under CAA section 112, the EPA has already achieved progress toward full implementation of RCRA section 3004(n), which requires a ``cradle to grave'' approach to hazardous waste management that addresses protection of air, water, and groundwater. Air standards have been promulgated for TSDF treatment process vents (subpart AA in 40 CFR parts 264 and 265) and for TSDF process equipment leaks (subpart BB in 40 CFR parts 264 and 265) in addition to the development of these air standards for TSDF tanks, surface impoundments, and containers. There is no benefit to delaying implementation of air standards for TSDF tanks, containers, and surface impoundments to a future rulemaking under amended CAA section 112 when the EPA can proceed now with the promulgation of effective air standards under RCRA section 3004(n) for these air emission sources. The RCRA air standards adopted today do comply with RCRA section 1006(b). This section requires that the air standards be consistent with and not duplicative of CAA standards. Although RCRA section 1006(b) requires some accommodation with existing regulatory standards, it ``does not permit the substantive standards of RCRA to be compromised.'' Chemical Waste Management v. EPA, 976 F.2d at 23 (D.C. Cir. 1992). It is obviously reasonable for the EPA to view the RCRA section 3004(n) mandate as a standard which cannot (or at least need not) be compromised. Similarly, the CAA Amendments of 1990 require that air standards developed under the CAA be consistent with RCRA rules. To conform with the dual RCRA and CAA requirements that standards be consistent, the air standards developed under RCRA section 3004(n) do not duplicate or contradict existing NESHAP or NSPS. The EPA is fully aware that at many facilities where hazardous wastes are managed, the RCRA air standards under 40 CFR part 264 and 265 as well as NESHAP and NSPS for specific source categories may be applicable to a particular TSDF. Certain testing, monitoring, inspection, recordkeeping, and other requirements under the RCRA air standards may be similar to or duplicative of requirements under the applicable NESHAP or NSPS. In many cases at a TSDF, individual waste operations will be subject to either the air emission control requirements under the RCRA air standards or the air emission control requirements under the applicable NESHAP or NSPS. Thus, it is necessary to include testing, monitoring, inspection, recordkeeping, and other implementation requirements in each rule to assure compliance with and enforcement of the rule. However, in certain situations, some individual waste operations at a TSDF could be subject to air emission control requirements under both the RCRA air standards as well as a NESHAP or NSPS. In such cases, the EPA believes it is unnecessary for owners and operators of these waste management units to conduct duplicative waste testing, keep duplicate sets of records, or perform other duplicative actions to demonstrate compliance with both sets of rules. Therefore, to be consistent with RCRA section 1006(b) to the maximum extent practicable, the EPA is coordinating the testing, recordkeeping, reporting, and other implementation activities required under the RCRA air standards and related rules developed under the CAA. The EPA has requested public comment in a related proposed NESHAP rulemkaing (the off-site waste and recovery operations NESHAP, see 59 FR 51919, October 13, 1994) on how the applicable requirements included in the RCRA air standards should be incorporated into CAA rules being developed by the EPA for waste and recovery operations that will allow owners and operators subject to both sets of rules to demonstrate compliance with all applicable rules without having to repeat the duplicative requirements.
 Nevertheless, RCRA section 1006(b) cannot be used to ignore key elements of RCRA; see Chemical Waste Management v. EPA, 976 F.2d at 23. In this case, Congress has indicated that TSDF air emissions need to be controlled on the RCRA timetable, not that of the CAA. Deferring totally to the CAA would vitiate this key RCRA requirement. [See also RCRA section 3004(q) and CAA section 112(n)(7) in which Congress indicated that pendency of CAA air standards for RCRA units does not vitiate RCRA requirements.]
 The EPA's approach to developing air standards for TSDF under RCRA is consistent with CAA programs to achieve attainment and to maintain national ambient air quality standards (NAAQS). The NAAQS specify limits to pollutant concentrations in the ambient air to protect public health and welfare. A NAAQS has been established for ozone. Ambient ozone concentrations in many metropolitan regions of the United States exceed the NAAQS. Organic emissions from TSDF as well as other sources react photochemically with other chemical compounds in the atmosphere to form ozone. The CAA requires that States develop and the EPA approve air emission control plans called ``State implementation plans'' (SIP's). For those regions within a State that are in nonattainment with the NAAQS for ozone, the SIP specifies the standards and other control measures to be implemented by the State to attain the NAAQS. However, the CAA requires the EPA not only to implement programs to attain the NAAQS in nonattainment areas but also to maintain, and prevent significant deterioration of, the air quality in those areas of the Nation currently in attainment with the NAAQS. Consequently, in addition to the CAA control programs to address specific regional NAAQS attainment problems, the EPA also develops under the CAA authority minimum national emission standards applicable to stationary sources independent of whether the source is located in a NAAQS attainment or nonattainment area. The EPA considers the subpart CC standards to be reasonable national standards needed to control emissions of air toxics as well as to attain and maintain NAAQS for ozone. The subpart CC standards are consistent with the EPA's pollution prevention policy. Pollution prevention involves reducing the quantity of pollution produced for a given quantity of product prior to recycling, treatment, or control of emissions. Activities defined as source reduction measures in the Pollution Prevention Act include technology modifications, process and procedure modifications, reformulation or redesign of products, and substitution of raw materials. A decrease in production alone does not qualify as pollution prevention. Under the subpart CC standards, a TSDF owner or operator is not required to manage a hazardous waste in a tank, surface impoundment, or container using the specified air emission controls in cases when the owner or operator determines that the organic content of all hazardous waste placed in the unit meets certain conditions specified in the rule. Thus, the subpart CC standards encourage pollution prevention by providing an incentive to generators to initiate source reduction measures that will reduce the concentration of organics in a hazardous waste.
 The development of TSDF air standards under RCRA is not contrary to the EPA's ``cluster'' approach of examining and coordinating regulations addressing the same emission source to minimize duplicative or contradictory requirements. The different EPA Offices responsible for implementing RCRA and CAA requirements are coordinating the development of this rulemaking to ensure that subpart CC standards are compatible with other rules and programs applicable to TSDF owners and operators.
 The air emission control requirements for tanks under the subpart CC standards incorporate provisions of NSPS that were promulgated under the authority of the CAA and apply to storage tanks constructed or modified after July 23, 1984, that contain volatile organic liquids (40 CFR part 60, subpart Kb). Therefore, air emission controls already in use on a TSDF tank in compliance with 40 CFR part 60, subpart Kb will comply with air emission control requirements of the subpart CC standards. Also, the subpart CC standards for closed-vent systems and control devices cross reference the requirements for closed-vent systems and control devices promulgated under subpart AA in 40 CFR parts 264 and 265. The subpart AA requirements are consistent with the requirements for closed-vent systems and control devices under several CAA air standards.
 The implementation of air standards under RCRA does not create difficulties in administration and enforcement of the rules by State regulatory agencies. Although many existing RCRA standards focus on preventing the contamination of soil and water, other existing RCRA regulations regulate air emissions from some TSDF sources (e.g., combustion of hazardous waste is regulated under 40 CFR part 264, subpart O for hazardous waste incinerators and under 40 CFR part 266 subpart H for boilers and industrial furnaces). Air emissions are also sometimes addressed through the EPA's omnibus permitting authority under RCRA section 3005(c)(3). States authorized by the EPA administer and enforce the requirements of RCRA rules in lieu of the EPA administering the rules in that State. The EPA is aware that, in many States, one State agency administers air standards while another State agency administers rules regulating the management of hazardous waste in the State. Similarly, it is common for yet another State agency to administer water quality rules. The experience of authorized States administrating existing RCRA rules shows that responsibility for administrating these rules can be delegated to a separate State agency without impeding the administration and enforcement of non-RCRA air and water rules by other State agencies.
 B. Revised Impacts Analysis
 Comment: The commenter on the Notice of Data Availability (NDA) (57 FR 43171, September 18, 1992) supports the EPA's use of the updated waste data base for the national impacts analysis and the EPA's changes to the emission models for biological treatment processes. In addition, the commenter agrees with the EPA's conclusion that many surface impoundments reported in the waste data base to be managing waste at TSDF have been or are being replaced with tanks to comply with the RCRA land disposal restriction and other regulations. However, the commenter believes that the EPA's assumption that 75 percent of the total waste quantity reported in the waste data base to be managed in surface impoundments is now managed in tanks is too low. The commenter agrees with the EPA's revised approach in the impact analysis of using sitespecific cancer risk factors to estimate cancer risk due to exposure to TSDF emissions. However, the commenter states that some of the specific assumptions made by the EPA for the risk analysis are implausible (e.g., assuming exposure of the individual for 70 years) and the analysis should be conducted in accordance with the EPA's own Exposure Assessment Guidelines. Finally, the commenter does not believe that any MIR estimate is necessary to assess the need for and effectiveness of the rule.
 Response: For the national impacts analysis, the EPA believes that 75 percent is a reasonable assumption for the amount of waste that is converted from surface impoundment to tank management. As discussed further in the BID for the final rule, the EPA selected the 75 percent value based on information obtained by the EPA from a telephone survey of owners and operators of large TSDF and from TSDF site visits as well as information provided to the EPA by several TSDF owners and operators in comments on the proposed rule. The EPA did not find nor receive any additional information from the commenter that justifies increasing the percentage of waste converted from surface impoundment to tank management.
 The cancer risk impact analysis for this rulemaking was conducted in accordance with the EPA's Exposure Assessment Guidelines. With regard to the 70 year lifetime assumption used in the impact analysis, the EPA believes 70 years to be conservative, but plausible. The EPA did however conduct a second risk assessment assuming a 33 year exposure scenario (95 percentile). Using this assumption reduced risk estimates by one-half, but did not change the decision to control these facilities, nor the choice of control options. Furthermore, the risk assessment conducted here was for the purpose of determining relative differences in risk estimates between the control options. For this application, the exposure scenario would not matter; the results, i.e., the relative differences in risk estimates, would not change. The EPA holds that the assumptions used to determine the MIR are, as with the 70 year exposure scenario, conservative, but plausible, and result in a reasonable overall estimate of risk. In addition, while the EPA acknowledges the uncertainties associated with the MIR, such uncertainties cancel out when the risk assessment is used to discern relative risk, as in this case. Thus the EPA believes that the use of the MIR is an appropriate tool to apply in the impact analysis for this rulemaking to both estimate risk and to discern differences between risk estimates associated with the various control options.
 C. Container Air Standards
 Comment: Many commenters disagree with the EPA's decision to require air emission controls for containers under the subpart CC standards. One group of commenters argues that the organic emission potential from TSDF containers does not warrant the application of additional controls beyond those already required by existing RCRA standards. A second group of commenters contends that TSDF containers should not be subject to this rulemaking because the EPA analysis does not show organic emissions from TSDF containers to be a significant emission source warranting controls.
 Response: The EPA maintains that the management of organiccontaining wastes in containers at TSDF is a potentially significant source of organic emissions that is not adequately regulated by existing regulations. Control requirements for containers under the subpart CC standards are needed to:
 (1) Ensure that containers used for storage of organic-containing waste use covers effective for organic emission control; (2) Control organic emissions from treatment of organic-containing wastes in containers by waste stabilization and other processes; and (3) Prevent circumvention of the containment and control strategy that serves as a key component of the integrated approach to implementing RCRA section 3004(n).
 The EPA disagrees with the commenters' conclusion that existing regulations are sufficient to control organic emissions from containers used to manage hazardous waste at TSDF. Existing RCRA regulations under 40 CFR 264.173 require containers used to store hazardous waste at TSDF to be closed except when necessary to add or remove waste. This requirement for closed containers during storage does not specify organic air emission controls for these covers. Furthermore, no RCRA requirements exist that address organic emissions associated with other container operations such as hazardous waste transfer or treatment in open containers.
 The EPA also disagrees with the commenters' conclusion that managing hazardous wastes in containers is not a significant potential source of organic air emissions. The baseline analysis to estimate nationwide TSDF organic emissions by waste management category is not the only factor that the EPA considered in assessing the organic emission potential of containers. The revised nationwide baseline emissions from storage of hazardous waste in TSDF containers is estimated to be approximately 5,000 Mg/yr. However, this emission estimate for containers does not include organic emissions from hazardous waste treatment in containers. As described in the BID for the final rule, the EPA estimates the total organic emissions from waste fixation operations performed in containers to be approximately 11,000 Mg/yr. Information obtained by the EPA representatives during site visits to TSDF conducting waste fixation operations indicates that use of containers for waste fixation continues to be a common industry practice. Thus, treatment of hazardous waste in containers is a large potential source of organic emissions that is not regulated by the existing RCRA regulations.
 The air emission control requirements for the subpart CC standards are based on applying a containment and control strategy to TSDF tanks, surface impoundments, and containers from generation of the waste through treatment of the waste to remove or destroy the organics in the waste. Requiring control of only TSDF tanks and surface impoundments but not containers creates a significant potential organic emission source if large quantities of hazardous waste currently stored or treated in tanks required to use air emission controls under subpart CC standards are transferred to containers not using air emission controls. This would allow organics in the hazardous waste managed in uncontrolled containers to escape to the atmosphere prior to treatment and, thus, reduce the effectiveness of the containment and control approach.
 D. Generator 90-Day Tanks and Containers
 Comment: Many commenters disagree with the EPA's decision to apply the proposed air standards to 90-day tanks and containers for the following reasons:
 (1) The EPA is not authorized under RCRA section 3004(n), or under other provision, to extend the air standards to 90-day tanks and containers;
 (2) The proposed rule failed to cite authority to extend the requirements to 90-day tanks and containers, in violation of section 553(b)(2) of the Administrative Procedures Act; (3) If the EPA imposes air emission controls on generators, this must be accomplished pursuant to the pre-HSWA authorization process and thus should not become effective in authorized States until enacted and implemented as State law; and
 (4) Application of air emission control requirements to 90-day tanks and containers impermissibly interferes with manufacturing processes.
 Response: The EPA disagrees with each of these comments. The provisions of 40 CFR 262.34 (promulgated under the authority of RCRA section 2002, 3001-3005, and 3007) allow generators to accumulate hazardous waste in tanks and containers for specified time periods without obtaining RCRA permits, provided the generator meets certain conditions. Amending these conditions is a valid exercise of the EPA's authority under RCRA section 3004(n).
 The intent of including the provisions of 40 CFR 262.34 in the RCRA requirements for hazardous waste generators is to obtain a reasonable balance between the Congress's desire not to interfere with the generator's manufacturing or production processes with the need to provide adequate protection of human health and the environment (45 FR 12730, February 26, 1980). Thus, 40 CFR 262.34 does not provide a hazardous waste generator with a complete exemption from all RCRA requirements. On the contrary, it incorporates most of the relevant tank and container requirements under 40 CFR part 265 and requires compliance with these standards as a condition for maintaining RCRA permit-exempt status [refer to 40 CFR 262.34(a)(1)]. The intent of these provisions is not to exclude 90-day tanks and containers from future technical TSDF requirements. Therefore, it is wholly appropriate for the EPA to update the technical requirements for tanks and containers that serve as the basis for the RCRA permit exemption. The EPA has already done so, for example, when tank standards were amended in 1986.
 Although 90-day tanks and containers are not required to be permitted under RCRA subtitle C, the EPA rejects the commenters' narrow reading of RCRA section 3004(n) as limiting the EPA's authority to extend the requirements to these units. Section 3004(n) of RCRA requires the EPA to promulgate standards for the control of air emissions from ``hazardous waste treatment, storage, and disposal facilities.'' The EPA does not agree that RCRA section 3004(n) reflects a congressional intend that the EPA regulate air emissions only from permitted and interim-status TSDF and not from 90-day tanks and containers. These tanks and containers are physically identical (i.e., the same types of tanks and containers are used by generators to accumulate and by TSDF owners and operators to store and treat waste). There is no environmental basis for not considering them subject to the section 3004(n) mandate. Such units are, in fact, storing or treating hazardous waste and are subject to numerous standards promulgated under the authority of both RCRA sections 3002 and 3004. The exemption of 90- day tanks and containers from the permitting requirements of RCRA subtitle C is regulatory, not statutory; there is no directive in the RCRA legislation that precludes the EPA from imposing any or all of the TSDF requirements on them. The use of the term ``facility'' in RCRA section 3004(n) can certainly be read to encompass 90-day tanks and containers, given the EPA's flexibility to construe that term (see United Technologies v. EPA, 821 F.2d at 814 (D.C. Cir. 1988) and the fact that 90-day tanks and containers are already subject to the substantive standards for tanks and containers and pose precisely the same potential environmental risks as other tanks and containers holding hazardous waste. In addition, the EPA sees to reason that Congress intended 90-day tanks and containers to be subject to air emission controls at a different time than other tanks and containers (which would be the case if the 90-day units are not regulated pursuant to a HSWA provision).
 Therefore, it is proper for the EPA to use its authority under RCRA section 3004(n) to amend 40 CFR 262.34(a) by adding air emission control requirements to the conditions required for a 90-day tank or container to be exempted from the RCRA permitting requirements. For these reasons, the EPA rejects the commenters' arguments that the Agency is not authorized or failed to cite authority to use this rulemaking to amend the exemption requirements for 90-day tanks and containers. In addition, the EPA rejects the argument that the exemption requirements are under the EPA's pre-HSWA authority and, therefore, are not applicable in authorized States until the individual States are authorized to implement the rule (See 51 FR 25464, July 14, 1986, where the EPA indicated that the modifications to 40 CFR 262.34, to reflect amended tank standards, were HSWA rules). As a variation of the argument that 90-day tanks and containers should not be regulated, one commenter asserts that RCRA section 3004(n) reflects a congressional intent that the EPA regulate air emissions only from permitted and interim-status TSDF and not from 90- day tanks and containers. The commenter apparently argues that the explicit inclusion of such authority under RCRA section 3004(n) and not under RCRA section 3002 implies a congressional finding that waste accumulation does not significantly contribute to air pollution. The EPA finds no indication, in the legislative history of RCRA, or elsewhere, that Congress ever made such a finding, and the EPA's conclusion, as discussed later in this section, is that on-site accumulation of hazardous waste in 90-day units is a significant source of organic air emissions. Again, the EPA finds no indication that Congress intended to preclude the EPA from regulating air emissions from nonpermitted hazardous waste storage and treatment under RCRA section 3004(n).
 In addition to RCRA section 3004(n), the EPA has authority under RCRA section 3002 to amend 40 FR 262.34(a). One commenter states that, although RCRA section 3002(a)(3) authorizes the EPA to require the use of appropriate containers, RCRA section 3002 provides no authority to regulate air emissions. The EPA disagrees with this statement. The RCRA section 3002(a)(3) authority, as well as the general authority under RCRA section 3002 to promulgate such rules regulating generators ``as may be necessary to protect human health and the environment,'' is broad enough to encompass the regulation of air emissions from units storing or treating hazardous waste at generator facilities. Finally, the EPA cited both RCRA sections 3002 and 3004 as the statutory authority for the proposed rule. Therefore, this rulemaking is in full conformance with section 553(b)(2) of the Administrative Procedures Act.
 The EPA also rejects the argument that the application of air emission controls to 90-day tanks and containers impermissibly interferes with manufacturing processes. The EPA concluded in 1980, as cited above, that the appropriate balance between protection of the environment and noninterference with manufacturing processes was achieved by requiring 90-day tanks and containers to comply with certain technical requirements as a condition of being exempt from the requirement to have a RCRA permit. The EPA estimates that nationwide baseline organic emissions from 90-day tanks and containers are approximately 76,000 Mg/yr. Given the significant organic emissions from 90-day tanks and containers, the same rationale has led the EPA to require that these units comply with the appropriate air emission control requirements of the subparts AA, BB, and CC standards to maintain an exemption from RCRA permitting. In contrast, the EPA decided not to extend under this rulemaking the requirements of these air standards to containers used for satellite accumulation because of the widespread use of these containers by manufacturing process operators to collect small quantities of hazardous waste as generated, and the integrated use of these containers with the manufacturing operations (discussed further in section 7.2 of the BID for today's rule). The EPA believes that this regulatory framework maintains the appropriate balance between environmental protection and noninterference with manufacturing processes.
 E. Implementation of RCRA Air Standards
 Comment: A total of 24 commenters addressed the EPA's proposed action of modifying the ``permit-as-a-shield'' practice to require that owners and operators of TSDF that have been issued final permits prior to the effective date of this rulemaking comply with the air standards under 40 CFR 265 subparts AA, BB, and CC until the facility's permit is reviewed or reissued by the EPA. Four of the commenters support the EPA's proposed modification. The other 20 commenters oppose the proposed modification and maintain that ``permit-as-a-shield'' practice should remain unchanged because any action by the EPA to remove this practice:
 (1) Is without the legal authority and that to do so would be contrary to congressional intent;
 (2) Violates the due process rights of permittees, which are normally protected through the permit process; (3) Negates the purpose and importance of the RCRA permit because the ``permit-as-a-shield'' practice serves to unify all the regulatory requirements in the permit for a TSDF;
 (4) Is contrary to previously stated policy whereby the EPA binds itself to the principle of using ``permit-as-a-shield'' (45 FR 33290, May 19, 1980); and
 (5) Is disruptive to TSDF owner and operator planning, burdensome to comply with, and has an adverse effect on the availability and cost of control equipment.
 Response: The practice known as ``permit-as-a-shield'' is derived from an exercise of the EPA's regulatory authority and was first codified in the 1980 implementing regulations of the RCRA permit program (45 FR 33290, May 19, 1980). It is not a provision of RCRA and is therefore no part of the statutory mandate by Congress to manage the Nation's hazardous wastes. Shell Oil v. EPA, 950 F.2d at 741, 762 (D.C. Cir. 1991). Because it is a regulatory and not a statutory provision, the EPA can modify the ``permit-as-a-shield'' practice in any situation where the Agency determines that the practice does not serve the EPA's mandate to protect human health and the environment. For the final subpart CC standards, the EPA estimates that baseline nationwide excess cancer incidence resulting from exposure to TSDF organic emissions is 48 cases per year. In addition, total nationwide organic emissions from TSDF are estimated to be approximately 1 million Mg/yr and, thus, contribute significantly to the formation of atmospheric ozone. These health and environmental impacts are very high relative to the impacts of emissions from other sources regulated under RCRA and the CAA. Accordingly, the EPA has determined that the health and environmental impacts resulting from organic air emissions from TSDF are of a magnitude to warrant narrowly rescinding the ``permit-as-a-shield'' practice for this limited case.
 The ``permit-as-a-shield'' practice is not a consequence of Constitutional or statutory obligations of the EPA to any individual and its removal does not violate any substantive or procedural due process rights of individuals. The ``permit-as-a-shield'' practice was established by regulations promulgated by the EPA and therefore can be modified when the EPA determines it is necessary to do so for the protection of human health and the environment. Numerous government regulations have a direct effect on regulated entities, and the EPA's ``permit-as-a-shield'' practice does not vest the regulated community with a right to a variance from all new RCRA regulations. Furthermore, the proposal put the public on notice that the EPA was planning to modify the ``permit-as-a-shield'' practice in this rule, and the public has therefore had an opportunity for meaningful comment on the issue. The EPA continues to believe that the permit process and requirements are fundamental components of the RCRA program and that, by and large, compliance with the permits should constitute compliance with the RCRA program. For the other rulemakings for which the EPA rescinded the ``permit-as-a-shield'' practice, the EPA determined that the risk to human health and the environment was too high to allow the practice to continue (for remaining permit periods), and required that all TSDF comply with the new requirements regardless of their permit status. The EPA has determined that allowing owners and operators of permitted TSDF to be shielded from compliance with the regulatory requirements of subparts AA, BB, and CC standards will allow excessively high risks. Today's action by the EPA does not negate the value of the RCRA permit program or the ``permit-as-a-shield'' practice. Instead, the EPA is making a distinction between a provision that is sufficiently protective in most cases and one that, under specific situations, is not sufficiently protective. The EPA disagrees with the commenters' claims that the permit modification process can adequately accommodate the timely implementation of the subpart CC standards. For the EPA to apply the subpart CC standards into permits by way of modifications would require a significant and unreasonable resource commitment. Furthermore, the fact that existing permits can be modified to incorporate new regulatory requirements [per 40 CFR 270.41(a)(3), which implements RCRA section 3005(c)(3)] shows that ``permit-as-a-shield'' is hardly an inviolate principle. The ruelmaking simply accomplishes nationally what a modification would accomplish individually. Accordingly, the EPA developed the subpart AA, BB, and CC standards to be ``selfimplementing'' so that State and Regional permit writers will not be required to reopen and rewrite permits to incorporate the provisions. Permitted facilities will be able to comply directly with the regulatory standards in the same way that interim-status facilities must comply. Modifying ``permit-as-a shield'' for these rules eliminates any confusion or ambiguity as to which TSDF is subject to the requirements.
 As noted by the commenters, the EPA stated a policy for ``permitas -a-shield'' in the so-called consolidated permit regulations issued in 1980 (45 FR 33290). However, this does not mean that the policy for ``permit-as-a-shield'' can never be amended. The EPA has never agreed to ``bind'' itself to any particular policy or provision. Instead, the EPA may adhere to a general practice or policy with the understanding that, if the circumstances warrant and the EPA provides a rational explanation, it can modify or rescind a particular provision. It should be noted, for example, that Congress has since amended RCRA to require that air emissions from TSDF be controlled, and in the same amendments provide that the EPA may reopen permits to add conditions reflecting new control practices and to redress potential risks posed by the facility (RCRA section 3005(c)(3) and S. Rep. No. 284, 98th Cong. 1st Sess. at 31). Here, the EPA is determining that there are excessively high risks from these facilities, and therefore that these more protective provisions should become effective immediately. It should also be noted that the EPA does not intend to rescind ``permit-as-a-shield'' on a regular or frequent basis for other rulemakings. As stated earlier, the EPA generally does view ``permitas -a-shield'' as a beneficial and legitimate part of the RCRA program and that, in most cases, it will apply. The EPA believes that the commenters claiming that removing ``permit-as-a-shield'' will be disruptive to TSDF implementation planning are greatly overstating the adverse or disruptive effects that an accelerated implementation will have on TSDF owner and operator planning and operations because the control technologies for the different kinds of management units are varied and widely available. The EPA specifically considered the costs and economic impacts of the various control options in the regulatory impact analysis for the proposed rule (RCRA docket entry number F-91-CESP-S00494). Based on this analysis, the EPA found that the costs of installing and operating air emission control equipment required by the control options are projected to be less than 1 percent of the total cost of hazardous waste management at TSDF. Any air emission control equipment supply availability constraints resulting from these rules should be short term, if at all. Furthermore, TSDF owners and operators required to install air emission control equipment to comply with the subpart CC standards are allowed up to an additional 30 months after the rule's effective date to complete the equipment design and installation if they can document that the air emission controls cannot be installed and operating by the effective date, for reasons such as the unavailability of control equipment.
 Also, the EPA expects that many TSDF owners and operators will choose to treat their hazardous waste earlier in the management sequence that they now do to reduce the organic content of the waste in accordance with one of the treatment requirements allowed for in the final subpart CC standards, and thus avoid the cost of installing and operating the control equipment on the downstream tanks, surface impoundments, and containers. The EPA also encourages the use of pollution prevention techniques as a means of reducing the quantity of waste generated, the organic concentration of the waste, or the toxicity of constituents in the waste.
 F. Waste Stabilization in Tanks
 Just prior to the long-scheduled and publicly-known promulgation date, representatives from the hazardous waste treatment industry notified the EPA of their opinion that the draft requirements for waste stabilization operations performed in tanks are economically and technically infeasible. These draft requirements are included in a May 19, 1994 interim review draft of the final rule, made publicly available in June 1994. (See RCRA docket entry number F-94-CESPS 00509.) Moreover, the industry indicated that volatilization of organic constituents during stabilization operations are negligible. No data were submitted to the EPA in support of these assertions. Industry representatives nevertheless feel strongly that for the majority of waste streams treated by stabilization, the organic constituents in the waste are not volatilized during the stabilization process. Additionally, they allege that for these same stabilization operations: (1) It is technically infeasible to comply with the air emission control requirements for tanks in the subpart CC standards; and (2) It is not feasible to treat organic waste prior to stabilization such that the volatile organic concentration of the waste entering the stabilization process would be below 100 ppmw, and the downstream units managing the waste (including the stabilization tanks) would thereby be exempt from subpart CC tank control requirements. (See RCRA docket number F-94-CESF-FFFFF.)
 These statements contradict the conclusions drawn by the EPA based on site visits to observe hazardous waste stabilization processes, and experiments and studies conducted by the EPA to characterize waste stabilization processes and estimate associated organic emissions. The most recent EPA studies were mentioned in the Notice of Data Availability (see 57 FR 43171, September 18, 1992) and were made available for public review and comment in the docket for this rulemaking (see RCRA docket number F-92-CESA-FFFFF). No comments were received concerning the validity of these stabilization study conclusions.
 At the same time, however, and despite the inappropriate timing of industry's comments on this issue (compounded by the industry's failure to comment on the information presented by the Notice of Data Availability), the EPA has determined that it may be worthwhile to review pertinent data for current waste stabilization activities at hazardous waste TSDF. Industry has pledged to provide detailed data from an emissions test conducted to measure organic emissions from a full-scale stabilization operation treating hazardous waste streams. The test will be conducted using the EPA approved sampling and analytical methods, and the volatile organic concentration of the waste streams will be measured using Method 25D, with gas chromatography and with mass spectrometry (see RCRA docket number F-94-CESF-FFFFF). The EPA will accept until September 6, 1995 all pertinent information and comments on the following limited issues: (1) Volatilization of organics during waste stabilization activities, (2) feasibility of treating organic wastes to destroy or remove organics prior to stabilization to immobilize toxic metals, and (3) alternative organic emission controls applicable to stabilization tanks. Persons interested in submitting comments or data pertaining to these issues should notify the EPA of their intent by contacting Ms. Michele Aston at the address listed in the FOR FURTHER INFORMATION CONTACT section at the beginning of this preamble. Written information and comments regarding the above issues should be mailed to the RCRA Docket Office (5305), U.S. Environmental Protection Agency, room 2616, 401 M Street SW., Washington, DC 20460. Please send an original and two copies of all information, and refer to RCRA docket number F-94-CESA-FFFFF. The EPA will assess all submitted information, and will make a rapid determination whether to amend the requirements under the subpart CC standards being promulgated today for tanks in which waste stabilization operations are performed. The EPA emphasizes that the current record does not support any amendment to these standards. However, if the EPA were to amend the requirements for stabilization tanks, the amendment could include any of the provisions described below, a modification of today's promulgated requirements, or possibly other options.
 The EPA may choose to amend the final subpart CC tank standards such that stabilization tanks could comply with alternative air emission controls to those included in today's promulgation. The EPA will determine the appropriateness of such an amendment based on the evaluation of:
 (1) Information that is submitted relating to industry's comments that it is not feasible to comply with the technical requirements of today's final rule or to pretreat waste prior to stabilization; (2) Information related to alternative emission controls that could be applied to stabilization tanks for effective organic emission reduction;
 (3) Data related to the specific characteristics of hazardous waste that is stabilized at TSDF;
 (4) Detailed information regarding the stabilization processes performed in TSDF tanks; and
 (5) Other related information.
 For a given stabilization tank to qualify for certain compliance options, the EPA could require the facility owner or operator to demonstrate (through specified testing, monitoring, sampling, or other means) that organic constituents are not volatilized during the hazardous waste stabilization operations performed in that tank. A similar requirement for biological treatment performed in tanks and surface impoundments is included in the final subpart CC standards (for example see 40 CFR 264.1085(a)(2)) as well as other air standards developed by the EPA under the Clean Air Act (e.g., the Hazardous Organic NESHAP (59 FR 19402, April 22, 1994) and the proposed Off-Site Waste and Recovery Operations NESHAP (59 FR 51919, October 13, 1994)). For biological treatment processes, which are generally acknowledged by the EPA as appropriate treatment for organic constituents in waste with respect to controlling organic emissions, the EPA considers such a demonstration to be a reasonable requirement for certain compliance options. Therefore, the EPA also could consider it reasonable to require that stabilization operations, which the EPA does not consider appropriate treatment for organic constituents in waste with respect to controlling organic emissions, perform at least an equivalent demonstration for certain compliance options. If the EPA were to amend today's promulgated subpart CC tank standards to include such a demonstration, the required procedure could include any of the following, or possibly other procedures: whole waste analyses, fullscale analyses, specified emissions monitoring, material balance calculations, temperature monitoring, and water content information. In light of this supplemental comment opportunity, the EPA considers it appropriate to extend the effective date of the final rules for tanks that could be affected if the EPA chooses to modify the standards. Therefore, a separate compliance schedule is applicable to tanks in which waste stabilization activities are performed as of December 6, 1994. It is important to note that all applicable requirements with respect to other units at a facility subject to the subpart CC standards will be effective June 5, 1995. For these stabilization tanks, the effective date of the final rules will be December 6, 1995. As of the extended effective date for stabilization tanks, each TSDF owner or operator and each hazardous waste generator subject to the final rules must either install and operate the specified air emission control requirements on all affected tanks used for stabilization, or begin performing the specified waste determinations and recordkeeping to indicate that a stabilization tank is exempted from these requirements. Under circumstances where required air emission control equipment cannot be operational by December 6, 1995, an implementation schedule for installation of the required air emission controls must be developed and placed in the facility operating records no later than December 6, 1995. In such cases, the facility must have all air emission controls required by the final rules in operation no later than June 8, 1998.
 VII. Requirements of Final Rule
 A. TSDF Tank, Surface Impoundment, and Container Requirements
 Today's action by the EPA promulgates air emission standards for TSDF tanks, surface impoundments, and containers as a new subpart CC in both 40 CFR parts 264 and 265. Subpart CC under 40 CFR part 265 establishes standards for owners and operators of interim-status TSDF. As discussed in section VIII.A of this preamble, owners and operators of permitted TSDF that have been issued final permits prior to June 5, 1995, are required to comply with subpart CC under 40 CFR part 265 until the facility's permit is reviewed or reissued by the EPA. The air emission control requirements of the final subpart CC standards in 40 CFR part 264 and 40 CFR part 265 are identical with the exception of the reporting requirements. There are no reporting requirements in subpart CC under 40 CFR part 265.
 1. Applicability
 a. General applicability. In general, the subpart CC standards apply to RCRA-permitted tanks, surface impoundments, and containers subject to 40 CFR part 264, subparts J, K, or I, respectively, as well as to interim-status TSDF tanks, surface impoundments, and containers subject to 40 CFR part 265, subparts J, K, or I, respectively. However, certain specific types of TSDF tanks, surface impoundments, and containers are not subject to the subpart CC standards under applicability provisions in other RCRA regulations as well as provisions included specifically in the subpart CC standards. The subpart CC standards do not apply to those TSDF tanks, surface impoundments, or containers excluded from regulation under 40 CFR 264.1. For example, TSDF owners and operators are not required to obtain a RCRA permit for tanks or tank systems that manage hazardous wastewaters or wastewater treatment sludges and are subject to regulation under either section 402 or 307(b) of the Clean Water Act [refer to 40 CFR 264.1(g)(6) and 40 CFR 265.1(c)(10)]. Because these tanks are exempted from RCRA permitting requirements, they are not subject to the requirements of 40 CFR parts 264 and 265. Thus, the subpart CC standards do not apply to a TSDF tank that is considered to be a part of a ``wastewater treatment unit'' as defined in 40 CFR 260.10. Similarly, the subpart CC standards do not apply to TSDF tanks, surface impoundments, or containers when these units are used for emergency or spill management activities in accordance with 40 CFR 264.1(g)(8)(i) or 40 CFR 265.1(c)(11)(i). b. Exemptions. The subpart CC standards are only applicable to containers with a design capacity greater than or equal to 0.1 m\3\ (approximately 26 gallons). This means that any container that has a design capacity less than 0.1 m\3\ is not subject to the subpart CC standards regardless of the volatile organic concentration of the hazardous waste placed in the container. The subpart CC standards apply only to TSDF tanks, surface impoundments, and containers in which an owner or operator places hazardous waste on or after June 5, 1995. With respect to surface impoundments, the EPA has already explained that RCRA regulations do not apply to impoundments at which there is no active management of hazardous waste after the rule's effective date (see 55 FR 39410, September 27, 1990). This would include impoundments that cease operation before the rule's effective date, and impoundments that convert to non-hazardous waste impoundments before the effective date. This latter class of impoundments includes those impoundments that contain hazardous wastes deposited before the rule's effective date for which the impoundment is the final disposal site for hazardous waste already in the unit (i.e., the impoundment is a disposal unit) and hazardous wastes are not actively managed in the impoundment. Id. The principle in today's rule is consistent with this existing interpretation.
 The rationale for not applying the subpart CC standards to tanks and containers that do not receive hazardous waste after the effective date is somewhat different. Under the subpart CC standards, the need to apply air emission controls to a particular tank or container is determined by the organic content of the hazardous waste at a point prior to being placed in the tank or container (this is discussed in the following section under ``General Standards''). In many situations where existing tanks and containers at a TSDF already hold hazardous waste but no longer receive new wastes, a TSDF owner or operator will be unable to perform a waste determination as specified in the rule because waste samples cannot be collected at the required locations and the owner or operator has insufficient knowledge about the waste. Furthermore, even if a waste determination can be performed for these tanks or containers but the units presently are uncovered or have other openings, most if not all of the volatile organics in the waste have most likely already been emitted to the atmosphere. Thus, the EPA decided that air emission control requirements should only apply to those tanks and containers in which hazardous waste is placed on or after the effective date of the rule.
 The EPA decided not to apply the subpart CC standards to a tank once an owner or operator stops adding hazardous waste to the unit and begins closure pursuant to an approved closure plan because in many cases, use of the required air emission controls would hinder or prevent closure activities from being performed. c. Remediation wastes. The EPA has further decided to temporarily defer application of the subpart CC standards to tanks, containers, and surface impoundments which are being used on-site to treat or store hazardous wastes containing organics generated from remedial activities required under RCRA corrective action or CERCLA response authorities, or similar State remediation authorities, provided that the wastes are managed in units that do not also manage other hazardous wastes. This deferral applies only to on-site management of such wastes. For remediation waste transported off-site, the point of waste origination will be the point at which the wastes are physically moved outside the facility boundary (or for CERCLA response actions, outside the site boundary).
 As the D.C. Circuit recently explained, a temporary deferral such as today's is permissible if the Agency legitimately needs further time to ascertain the best means of integrating concurrent statutory and regulatory schemes to avoid potential interference with the objectives of both schemes, and where Congress has not expressly forbidden a temporary deferral. Edison Electric Inst. v. EPA, 2 F. 3d 438, 451-53 (D.C. Cir. 1993). See also RCRA section 1006, requiring the EPA to integrate all provisions of RCRA for purposes of administration and enforcement, and to avoid duplication to the maximum extent practicable in doing so.
 This situation is presented here. Control of air emissions from units at remediation sites implicates the overlapping and potentially competing concerns of RCRA section 3004(n) and the complex statutory provisions under RCRA, CERCLA, and State laws relating to remediation. The EPA's primary goal in this rulemaking has been to develop air emission standards for tanks, containers, and surface impoundments holding as-generated hazardous wastes containing organics. At proposal, the EPA thus did not fully consider the issue of whether different standards should appropriately apply to wastes that are generated and managed as the result of remedial activities, or how the proposed rule for air emissions could best be integrated with the remediation authorities of RCRA and other Federal or State laws. 56 FR at 33497-98 (July 22, 1991).
 Commenters on the proposed subpart CC regulations pointed out that these were important issues deserving careful attention. The EPA agrees. It is possible that certain provisions of the air emission requirements promulgated today may be inappropriate or unnecessarily restrictive if applied to remediation activities (see 58 FR 8660, February 16, 1993).
 The EPA notes that some measure of control of air emissions from remediation tanks, containers, and impoundments will be assured during the deferral period. Remediation authorities of RCRA and CERCLA and similar State authorities allow overseeing officials to impose, on a site-specific basis, appropriate air emission controls on these types of units, as well as on other waste management units and handling operations. In addition, hazardous wastes containing organics that are managed off-site (i.e., outside a RCRA facility's boundary, or outside a CERCLA site) would be subject to the subpart CC management standards. Finally, the EPA emphasizes that the deferral is indeed temporary. The issue of appropriate air emission controls for remediation units is likely to be addressed in the context of the Hazardous Waste Identification Rules which are currently being developed by the EPA. The issue is also potentially part of the third phase of the RCRA section 3004(n) implementation. In addition, waste remediation sites are on the initial list of source categories under CAA section 112, and the EPA currently is scheduled to issue technology-based standards to control emissions of hazardous air pollutants from this source (see 57 FR 31576, July 16, 1992). Consequently, the EPA will be addressing this issue in the reasonably near future.
 d. Radioactive mixed wastes. As explained in section IV.F of this preamble, the management of radioactive mixed waste at TSDF is subject to regulation under subtitle C of RCRA. The EPA reviewed the special nature of radioactive mixed wastes with respect to the air emission control requirements under the final subpart CC standards. In certain cases, the air emission controls used as the basis for the subpart CC standards are not compatible with the NRC requirements for safe handling of radioactive mixed wastes. For example, drums used to store radioactive mixed waste cannot be sealed with vapor leak-tight covers because of unacceptable pressure buildup of hydrogen gas to levels that can potentially cause rupture of the drum or create a potentially serious explosion hazard. This generation of hydrogen gas results from the radiolytic decomposition of organic materials (e.g., plastics) or aqueous solutions stored in the drums. Consequently, a drum used for storage of radioactive mixed wastes must be continuously vented through special filters in accordance with technical guidance issued by the NRC to prevent the hydrogen concentration in the drum from reaching dangerous levels. The EPA is planning to further investigate methods for effective control of organic emissions from waste management units handling radioactive mixed waste that are consistent with the NRC waste management practices.
 2. General Standards
 The final subpart CC standards require that TSDF owners and operators install and operate air emission controls on each tank, surface impoundment, and container subject to the rules except when all of the hazardous waste placed in the unit is determined to meet certain conditions. These conditions are based on properties of the hazardous waste determined at either one of two locations: (1) The point where a hazardous waste is generated or the point where the waste is received by an off-site facility; or (2) The point following treatment of a hazardous waste to remove or destroy the organics in the waste.
 a. Point of waste origination. Under the final subpart CC standards, a TSDF owner or operator is exempted from managing a hazardous waste in a tank, surface impoundment, or container in accordance with the air emission control requirements of the rule when the owner or operator determines that all hazardous waste placed in the unit has an average volatile organic concentration at the point of waste origination less than 100 ppmw. The point of waste origination is defined in the rule with respect to the point where the TSDF owner or operator first has possession of a hazardous waste. When the TSDF owner or operator is the generator of the hazardous waste, the point of waste origination means the point where a solid waste produced by a system, process, or waste management unit is determined to be a hazardous waste as defined in 40 CFR part 261. As previously stated, the term ``point of waste origination'' applied to this situation is being used in a similar manner to the use of the term ``point of generation'' in waste operations air standards established under authority of the Clean Air Act in 40 CFR parts 60, 61, and 63 of this chapter. When neither the TSDF owner nor operator is the generator of the hazardous waste, point of waste origination means the point where the owner or operator accepts delivery or takes possession of the hazardous waste. b. Treated Hazardous Waste. If a hazardous waste has an average volatile organic concentration equal to or greater than 100 ppmw based on the hazardous waste composition at the point of waste origination, then this waste is required under the subpart CC standards to be managed in accordance with the air emission control requirements of the rule. Under these requirements, specific air emission controls must be installed and operated on every tank, surface impoundment, and container subject to the rule used in the waste management sequence from the point of waste origination through the point where the organics in the waste are removed or destroyed by a process that meets or exceeds a minimum level of performance specified in the rule. In other words, once a hazardous waste is treated to remove or destroy the organics in the waste in accordance with the rule requirements, the subsequent downstream tanks, surface impoundments, and containers used to manage this particular hazardous waste are not required to meet the air emission control requirements of the subpart CC standards. The final subpart CC standards provide TSDF owners and operators with several alternative provisions for determining when a treated hazardous waste is no longer required to be managed in tanks, surface impoundments, and containers meeting the air emission control requirements of the rule. Treated hazardous waste provisions are specified in the subpart CC standards for the following processes: (1) An organic destruction, biological degradation, or organic removal process that reduces the organic content of the hazardous waste and is designed and operated in accordance with certain conditions specified in the rule;
 (2) A hazardous waste incinerator that is designed and operated in accordance with the requirements of 40 CFR 264 subpart O or 40 CFR 265 subpart O; or
 (3) A boiler or industrial furnace that is subject to the requirements of 40 CFR part 266 subpart H. A process that simply mixes, blends, combines, or aggregates a hazardous waste stream with other materials does not destroy the organics in the waste stream or remove the organics from the waste stream. While diluting a hazardous waste stream having a volatile organic concentration greater than 100 ppmw with sufficient quantities of other hazardous waste streams having a volatile organic concentration less than 100 ppmw (or water or other low organic content materials) would reduce the volatile organic concentration of the resulting hazardous waste mixture to a level below 100 ppmw, the total mass quantity of organics in the waste does not change since no organics were removed or destroyed from the waste. The potential for organic emissions from handling the waste mixture is essentially the same as for the individual hazardous waste streams prior to being mixed. Therefore, the EPA does not allow dilution of a hazardous waste as a means for complying with the requirements specified in the subpart CC standards for placing treated hazardous waste in affected tanks, surface impoundments, or containers not using the required air emission controls. Consequently, when a hazardous waste is treated by an organic destruction or removal process and the hazardous waste has been mixed or aggregated together with other hazardous wastes or materials with a volatile organic concentration less than 100 ppmw prior to the point of waste treatment, the subpart CC standards require that TSDF owners and operators meet special requirements to ensure that organics in the hazardous waste have actually been removed or destroyed. An owner or operator can choose from several alternative provisions to comply with these requirements.
 One provision requires that mixed hazardous wastes be treated by an organic destruction or removal process that reduces the volatile organic concentration of the hazardous waste to meet a site-specific treatment process exit concentration limit. This limit is determined by the TSDF owner or operator on a case-by-case basis using an equation specified in the rule that accounts for the portion of the reduction in the volatile organic concentration in the resulting treated hazardous waste stream due to dilution. To use this equation, the owner or operator must first determine the volatile organic concentration at the point of waste origination for each individual hazardous waste stream that is mixed together prior to entering the treatment process. As an alternative to calculating the exit concentration limit for a treatment process, the subpart CC standards allow the owner or operator to treat the mixed hazardous wastes to a volatile organic concentration level that is less than or equal to the lowest waste volatile organic concentration at the point of waste origination for all of the individual hazardous waste streams mixed together prior to entering the treatment process.
 Another alternative in the subpart CC standards available to owners and operators allows mixed hazardous wastes to be treated using a single process that achieves an organic reduction efficiency of 95 percent or greater on a mass basis, and reduces the average volatile organic concentration of the resulting hazardous waste stream exiting the process to a level less than 50 ppmw. This alternative does not require the owner or operator to perform any volatile organic concentration waste determinations for the hazardous wastes prior to mixing, yet still accommodates the mixing of wastes that have different volatile organic concentrations. For a waste stream having a volatile organic concentration greater than 2,000 ppmw, requiring only a minimum 95 percent reduction of the organic content in the waste stream would not lower the volatile organic concentration of the treated waste stream to the 100 ppmw level of the rule. However, if such a waste stream had been mixed together prior to treatment with other waste streams having lower volatile organic concentrations, then the volatile organic concentration of the treated waste exiting the process could be less than 100 ppmw. The EPA does not consider such situations to be unlikely, and has therefore chosen for this alternative to require an exit concentration for the treated waste lower than 100 ppmw. The EPA considers an exit concentration of 50 ppmw, combined with a 95 percent treatment efficiency, to be an appropriate demonstration that the reduction in volatile organic concentration for a mixture of hazardous waste streams has been achieved through destruction or removal of organic constituents in the waste, rather than by dilution. The final subpart CC standards also provide another alternative that does not require the owner or operator to perform any volatile organic concentration waste determinations for the hazardous wastes prior to mixing when the waste is treated by a biological process that destroys or degrades the organics contained in the hazardous waste to meet certain performance requirements specified in the rule. These conditions are either of the following: (1) Achieve an organic reduction efficiency for the biological treatment process equal to or greater than 95 percent, and achieve an organic biodegradation efficiency for the process equal to or greater than 95 percent; or
 (2) Achieve a total actual organic mass biodegradation rate for all hazardous waste treated by the process equal to or greater than the required organic mass removal rate for the process. Compliance with these parameters is determined using the procedures specified in rule.
 The EPA may at any time measure or request that the owner or operator measure using Method 25D the volatile organic concentration of a hazardous waste that is placed in a tank, surface impoundment, or container not using air emission controls in accordance with the requirements of the subpart CC standards. Measurement results showing that the volatile organic concentration of the hazardous waste is equal to or greater than 100 ppmw constitutes noncompliance with the subpart CC standards. However, in a case where the owner or operator has used an averaging period greater than 1 hour for determining the volatile organic concentration of a hazardous waste, the Regional Administrator may consider information that was used by the owner or operator to determine the average volatile organic concentration of the hazardous waste (e.g., test results, measurements, calculations, and other documentation) together with the results of the waste determination in determining whether the owner or operator is in compliance with the subpart CC standards.
 3. Waste Determination Procedures
 A determination of the volatile organic concentration of a hazardous waste is required by the subpart CC standards only when a hazardous waste is to be placed in a tank, surface impoundment, or container subject to the rule that does not use air emission controls in accordance with the requirements of the rule. A TSDF owner or operator is not required to determine the volatile organic concentration of the waste if it is placed in a tank, surface impoundment, or container using the required air emission controls. When the hazardous waste is generated as part of a continuous process, the owner or operator is required to perform an initial waste determination of the average volatile organic concentration of the waste stream before the first time any portion of the material in the waste stream is placed in a waste management unit subject to the rule, and thereafter update the information used for the waste determination at least once every 12 months following the date of the initial waste determination. When the hazardous waste is generated as part of a batch process that is performed repeatedly but not necessarily continuously, the owner or operator is required to perform an initial waste determination of the average volatile organic concentration for one or more representative waste batches generated by the process before the first time any portion of the material in the these waste batches is placed in a waste management unit subject to the rule, and thereafter update the information used for the waste determination at least once every 12 months following the date of the initial waste determination. For either case, the owner or operator is required to perform a new waste determination whenever changes to the process generating the hazardous waste are reasonably likely to cause the average volatile organic concentration to increase to a level at or above 100 ppmw. If an average volatile organic concentration is used, an initial waste determination must be performed for each averaging period. Waste determinations should be performed for any waste that is generated as a part of an unplanned event or is generated as a part of an event that is not included in the normal operating conditions for the source or process generating the hazardous waste. Examples of an unplanned event include malfunctions that affect the operation of the process or that alter the composition of the waste or product. Examples of events that are not normal operating conditions include maintenance activities and equipment cleaning. Normal operating conditions for the source or process generating the waste include cyclic process operations such as start-up and shutdown. For processes that have variations in normal operating conditions such that the waste volatile organic concentration may exceed 100 ppmw, but for which the average waste volatile organic concentration for the averaging period is below 100 ppmw, documentation must be retained in the facility operating record that specifies the following information: (1) The maximum and minimum waste volatile organic concentration values that will occur for that averaging period; (2) the circumstances under which a waste volatile organic concentration above 100 ppmw would occur, and; (3) the calculations and waste determination procedures used as the basis for the determination of the average volatile organic concentration. For a given averaging period, if there are no deviations from the operating circumstances or from the maximum or minimum waste volatile organic concentrations specified in the operating plan, then no additional waste determinations would be required after the initial waste determination for that averaging period. The subpart CC standards include provisions that allow a TSDF owner or operator to use either direct measurement or knowledge of the waste to determine the volatile organic concentration of a hazardous waste. The following paragraphs describe these two options available to the owner or operator for performing a waste determination. a. Direct measurement. When the hazardous waste is generated on a continuous basis, the averaging period to be used for determining the volatile organic concentration on a mass-weighted average basis must be designated and recorded. This averaging period can represent any time interval that the hazardous waste flows until such time that a new waste determination must be performed pursuant to the requirements of the rule. However, this averaging period cannot exceed 1 year. A sufficient number of samples, but no less than four, must be collected to represent the complete range of organic compositions and organic quantities that occur in the hazardous waste stream during the entire averaging period due to normal variations in the operating conditions for the source or process generating the hazardous waste. When the hazardous waste is generated as part of a batch process that is performed repeatedly but not necessarily continuously, samples are collected from one or more representative waste batches generated by the process. The volatile organic concentration for the waste is calculated as a mass-weighted average based on the analysis results for all of the waste samples collected for these waste batches. A sufficient number of samples, but no less than four, must be collected to represent the organic composition for each representative batch. Each sample of the hazardous waste is to be collected in accordance with the requirements specified in ``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication No. SW-846, third edition, November 1986, as amended by Update I, November 15, 1992. Sufficient information must be recorded to document the waste quantity and the operating conditions for the source, process, or waste management unit generating the hazardous waste represented by each sample collected.
 Each of the collected waste samples is to be prepared and analyzed in accordance with the requirements of Method 25D in 40 CFR part 60, appendix A. The volatile organic concentration for a hazardous waste on a mass-weighted average basis is then calculated by entering the analysis results for all of the collected waste samples into an equation specified in the rule.
 b. Knowledge of the waste. The final subpart CC standards allow TSDF owners or operators to use their knowledge of the waste for waste determinations (see Hazardous Waste Treatment Council v. EPA, 886 F.2d 355, 370-71 (D.C. Cir. 1989) upholding the use of generator knowledge to determine if treatment standards are met). Information may be used that is prepared by either the facility owner or operator or by the generator of the hazardous waste. Examples of information that could constitute acceptable knowledge include: (1) Organic material balances for the source, process, or waste management unit generating the waste;
 (2) Documentation that lists the raw materials or intermediate products fed to a process showing that no organics are used in the process generating the waste;
 (3) Information that shows the waste is generated by a process that is substantially similar to a process at the same or another facility that generates a waste that has previously been determined by direct measurement to have a volatile organic content less than the action level;
 (4) Test data that provide speciation analysis results for the waste that are still applicable to the current waste management practices and from which the total concentration of organics in the waste can be computed; or
 (5) Other knowledge based on manifests, shipping papers, or waste certification notices.
 When test data are used as the basis for knowledge of the waste, the owner or operator must provide documentation describing the testing protocol and the means by which sampling variability and analytical variability are accounted for in the determination of the volatile organic concentration of the hazardous waste. For example, an owner or operator may use individual organic constituent concentration test data that are validated in accordance with Method 301 in appendix A to 40 CFR part 63 as the basis for knowledge of the waste.
 4. Tank Standards
 The tank standards establish the requirements for tanks using air emission controls to comply with the general standards of the rule. No air emission controls are required under the subpart CC standards for a tank in which all hazardous waste placed in the unit has been treated to remove or destroy organics in accordance with the requirements specified in the general standards.
 Also, the tank standards do not apply to a tank in which biological degradation of the organics in the hazardous waste treated in the unit is demonstrated to achieve specific performance levels. Either of the following sets of conditions must be demonstrated to qualify for this exemption: (1) The organic reduction efficiency for the process is equal to or greater than 95 percent, and the organic biodegradation efficiency for the process is equal to or greater than 95 percent; or (2) the total actual organic mass biodegradation rate for all hazardous waste treated by the process is equal to or greater than the required organic mass removal rate. The organic biodegradation efficiency or the organic mass biodegradation rate for a biological treatment unit is determined by procedures specified in the rule. The tank standards specify that the owner or operator install and operate on each affected tank one of the following air emission control systems: (1) A cover that is connected through a closed-vent system to a control device; (2) a fixed-roof type cover with an internal floating roof that is designed and operated in accordance with the requirements equivalent to the new source performance standard (NSPS) for volatile organic liquid (VOL) storage; (3) an external floating roof that is designed and operated in accordance with the requirements equivalent to the VOL storage NSPS; or (4) a pressure tank that is designed to operate as a closed system. Under the subpart CC standards, an owner or operator is allowed to use a fixed-roof type cover (without any additional controls) for affected tanks under certain conditions. Four conditions must be met for a particular tank before use of a fixed-roof type cover (without any additional controls) is allowed under the subpart CC standards. First, the hazardous waste cannot be mixed, stirred, agitated, or circulated within the tank by a process that results in splashing, frothing, or visible turbulent flow on the waste surface except during limited circumstances. Second, the hazardous waste in the tank cannot be heated by the owner or operator except when necessary to prevent the waste from freezing or to maintain adequate waste flow conditions for continuous normal process operations. Third, the hazardous waste cannot be treated using a waste stabilization process or a process that produces an exothermic reaction. Finally, the maximum organic vapor pressure of the hazardous waste in the tank must be less than the limit established in the rule by tank design capacity. For a tank having a design capacity equal to or greater than 151 m\3\ (approximately 40,000 gallons), then the maximum organic vapor pressure of the hazardous waste in the tank must be less than 5.2 kPA. For a tank having a design capacity equal to or greater than 75 m\3\ (approximately 20,000 gallons) but less than 151 m\3\, then the maximum organic vapor pressure of the waste in the tank must be less than 27.6 kPa. For a smaller tank (design capacity less than 75 m\3\), the maximum organic vapor pressure must be less than 76.6 kPa.
 The subpart CC standards require each cover opening not vented to a control device to be maintained in a closed, sealed position except at those times when a specific opening must be used to add, remove, inspect, or sample the waste in the tank or when it is necessary to use the opening to inspect, maintain, or repair equipment located inside the tank. Also, safety devices that vent directly to the atmosphere may be used on the tank, cover, closed-vent system, or control device provided that the safety device is not used for planned or routine venting of organic vapors. These safety devices are to remain in a closed position except when an unplanned event requires that the device be open for the purpose of preventing physical damage or permanent deformation of the tank, cover, closed-vent system, or control device in accordance with good engineering and safety practices for handling flammable, combustible, explosive, or other hazardous materials. An example of an unplanned event is a sudden power outage.
 5. Surface Impoundment Standards
 The surface impoundment standards establish the requirements for surface impoundments using air emission controls to comply with the general standards of the rule. No air emission controls are required under the subpart CC standards for a surface impoundment in which all hazardous waste placed in the unit has been treated to remove or destroy organics in accordance with the requirements specified in the general standards. Also, air emission controls are not required for a surface impoundment in which biological treatment of a hazardous waste is performed under the same conditions specified in the rule for tanks. The surface impoundment standards specify that the owner or operator install and operate on each affected surface impoundment a cover (e.g., air-supported structure) that is connected through a closed-vent system to a control device. Under the subpart CC standards, an owner or operator is allowed to use a floating membrane cover (without any additional controls) for affected surface impoundments under certain conditions specified in the rule. The requirements under the subpart CC standards for surface impoundment air emission control equipment are consistent with the requirements for tanks.
 6. Container Standards
 The container standards establish the requirements for affected containers (containers with a design capacity greater than or equal to 0.1 m\3\) using air emission controls to comply with the general standards of the rule. No air emission controls are required by the subpart CC standards for any container with a design capacity less than 0.1 m\3\ regardless of the volatile organic concentration of the hazardous waste placed in the container. For affected containers used for storage, treatment, or handling of hazardous waste, the owner or operator is required to use either: (1) A container that is equipped with a vapor leak-tight cover; (2) a container having a design capacity less than or equal to 0.46 m\3\ (approximately 119 gallons) that is equipped with a cover and complies with all applicable U.S. Department of Transportation (DOT) regulations on packaging hazardous waste for transport under 49 CFR part 178; or (3) a container that is attached to or forms a part of any truck, trailer, or railcar and that has been demonstrated within the preceding 12 months to be organic vapor tight in accordance with the procedure specified in Method 27. For a container in which treatment of hazardous waste is performed, the owner or operator is required to place the container inside an enclosure that is connected through a closed-vent system to a control device at all times that the container is completely or partially uncovered during the treatment operation. Transfer of hazardous waste by pumping into a container having a design capacity greater than 0.46 m\3\ is required to be performed using submerged fill loading.
 The requirement for use of leak-tight covers on containers is established by testing the cover for no detectable organic emissions as determined using Method 21 in 40 CFR part 60, appendix A. The test is performed when all openings in the cover (e.g., lids, bungs, hatches, and sampling ports) are secured in a closed, sealed position. Under certain circumstances, the EPA has determined that a cover other than a rigid, gasketed cover can be used on a container that will meet the requirement for no detectable organic emissions. For example, the EPA has concluded that use of a tarpaulin with a vapor-suppressing foam is an acceptable cover for roll-off boxes used for short-term storage (e.g., less than 30 days) of bulk solid materials (refer to RCRA docket entry number F-94-CESP-S00507 for specific conditions under which this type of cover is acceptable).
 As an alternative to using covers tested for no detectable organic emissions on drums and other containers with a design capacity less than or equal to 0.46 m\3\, the subpart CC standards allow an owner or operator to place the hazardous waste in drums meeting the DOT specifications and testing requirements under 49 CFR part 178. When a container meeting these DOT regulations is used, no leak detection monitoring nor recordkeeping for the container is required by the subpart CC standards. It is important to note that none of the exceptions to the 49 CFR part 178 regulations other than the exception for lab packs used for combination packagings as specified in 49 CFR 173.12(b) apply to a container for the purpose of complying with the subpart CC standards.
 The subpart CC container standards allow use of a tank truck or tank railcar that has been tested for organic vapor tightness within the preceding 12 months in accordance with the requirements of Method
 7. This method is a pressure test procedure originally developed by the EPA for determining the vapor-leak tightness of a tank truck into which gasoline is placed. The EPA considers Method 27 also appropriate for determining vapor-leak tightness of tank trucks and railcars into which hazardous wastes containing volatile organics are placed. No Method 21 leak monitoring or recordkeeping is required for tank trucks or tank railcars complying with this provision of the rule. When it is necessary for a container to be open during certain treatment processes, the subpart CC standards require the container to be located in an enclosure connected to a closed-vent system with control device. The enclosure must be designed to operate with sufficient airflow into the structure to capture all organic vapors vented from the container and route the vapors through the closed-vent system to the control device. The enclosure may have permanent or temporary openings to allow worker access, passage of containers through the enclosure by conveyor or other mechanical means, entry of permanent mechanical or electrical equipment, or to direct airflow into the enclosure. Whenever an open container is placed inside the enclosure, the pressure drop across each opening in the enclosure is to be maintained at a pressure below atmospheric pressure such that no organic vapors released from the container can exit the enclosure through the opening.
 Finally, the container standards include the same unit and control equipment safety venting provisions allowed under the subpart CC standards for tanks and surface impoundments.
 8. Closed-Vent System and Control Device Requirements The design and operating requirements under the final subpart CC standards for a closed-vent system with control device are the same as those already applicable to TSDF owners and operators under subpart AA in 40 CFR parts 264 and 265 with one exception. The subpart CC standards require that each control device achieve at least a 95 percent reduction in the total organic content of the vapor stream vented to the device or, in the case of an enclosed combustion device, a reduction of the total organic content of the vapor stream to a level less than or equal to 20 ppmw on a dry basis corrected to 3 percent oxygen.
 The standards do not require the use of any specific type of equipment or add-on control device. The standards allow the owner or operator the flexibility of choosing the control device best suited for a control application based on the characteristics of the particular organic vapor stream. Furthermore, the subpart CC standards do not require that each tank, surface impoundment, and container be vented to a separate control device dedicated to that particular unit. Vent streams from several units can be combined and discharged to a single control device that achieves the required level of performance.
 9. Inspection and Monitoring
 The subpart CC standards provide exemptions from inspection and monitoring for specific circumstances defined in the rule. In the case of an underground tank, only those portions of the tank cover and those connections to the tank cover or tank body (e.g., fill ports, access hatches, gauge wells, etc.) that extend to or above the ground surface and can be opened to the atmosphere must be inspected and monitored. Leak monitoring using Method 21 in 40 CFR part 60, appendix A, is not required for the following: (1) Drums that meet applicable DOT regulations specified in the rule; (2) tank trucks and tank railcars that are annually demonstrated to be vapor-tight by Method 27 in 40 CFR part 60, appendix A; and (3) closed-vent systems and control devices operated in vacuum service (i.e., equipment that is operated at an internal pressure that is at least 5 kPa below ambient pressure) or closed-vent system connections that are permanently or semi-permanently sealed (e.g., a welded joint between two sections of metal pipe or a bolted and gasketed pipe flange). Also, semiannual leak monitoring is not required for a cover opening that has continuously remained in the closed, sealed position for the entire period since the cover opening was last monitored.
 To ensure that emission control equipment is properly operated and maintained, the subpart CC standards require the TSDF owner or operator to visually inspect certain emission control equipment items semiannually. For example, emission control equipment covers on tanks are to be checked semiannually by facility employees to ensure that equipment is being used properly (e.g., covers are closed and latched except when an opening must be used to add, remove, inspect, or sample the waste in the tank or to inspect, maintain, replace, or repair equipment located inside the tank or to vent gases or vapors from the tank) and the equipment is being maintained in good condition (e.g., no visible holes, gaps, tears, or splits have developed in covers). Continuous monitoring of control device operation is required under the subpart CC standards. This involves the use of automated instrumentation to measure critical operating parameters that indicate whether the control device is operating correctly or is malfunctioning. Semiannual leak detection monitoring using Method 21 under 40 CFR part 60, appendix A, is required for certain cover components to ensure gaskets and seals are in good condition and for closed-vent systems to ensure all fittings remain leak-tight. In addition, with the previously noted exception of permanently or semi-permanently sealed connections, each closed-vent system must be monitored for leaks using Method 21 at least once per year.
 Special inspection and monitoring provisions are included in the final subpart CC standards for cover fittings that are unsafe or difficult for facility personnel to inspect and monitor. A TSDF owner or operator may designate a cover fitting as ``unsafe to inspect and monitor'' if a worker would be exposed to dangerous, hazardous, or other unsafe conditions when performing the inspection or monitoring. A cover fitting that is designated as unsafe must be inspected and monitored as frequently as practicable during those times when it is safe to inspect and monitor the fitting. Similarly, a cover may be designated as ``difficult to inspect and monitor'' if in so doing a worker would be elevated to a height more than 2 meters above a support surface and the cover was installed before June 5, 1995. A cover fitting that is designated as difficult must be monitored and inspected at least once per calendar year.
 The subpart CC standards require that the TSDF owner or operator repair a cover fitting found to be leaking within 15 days of detection. Repair of control equipment on a tank or surface impoundment may be delayed beyond 15 calendar days under certain circumstances. To delay repair, the owner or operator must document that the repair cannot be completed without emptying the contents of the unit and also that removing the unit from service would result in the unscheduled cessation of production from the process unit or operation of the waste management unit that is generating the hazardous waste. Repair of this control equipment must be completed the next time the process unit or waste management unit that is generating the hazardous waste managed in the tank or surface impoundment is shut down.
 10. Recordkeeping Requirements
 The final subpart CC standards require the TSDF owner or operator to record certain information in the on-site facility operating logs or files. This information is to be readily available for review by authorized representatives of the EPA. Consistent with 40 CFR 264.73 and 40 CFR 265.73, the rule requires that air emission control equipment design records and certain other records be maintained in the facility operating record until facility closure. Records and results of waste determinations, inspections, and monitoring are required to be kept for at least 3 years from the date of entry. The information to be collected and recorded includes: the results of all waste determinations such as of volatile organic concentration at the point of waste origination and organic vapor pressure; design specifications for closed-vent systems and control devices and certain control equipment; emission control equipment inspection and monitoring results; Methods 27 test results; control device exceedances and actions taken to remedy them; leak repairs; management of carbon removed from carbon adsorption systems; identification of incinerators, boilers, or industrial furnaces used to treat hazardous waste in accordance with the general requirements of the rule; documentation for biological wastewater treatment units using air emission controls in accordance with the rule requirements; and identification of equipment fittings designated as unsafe or difficult to monitor or inspect. At a facility where air emission control equipment required by the final rule cannot be in operation by June 5, 1995, the owner or operator is required to prepare an implementation schedule for the air emission control equipment specifying dates by which progress will be completed by the facility owner or operator to ensure the required air emission controls are in operation no later than December 8, 1997. Alternatively, the owner or operator may come into compliance by modifying facility processes to eliminate waste streams with average volatile organic concentration greater than or equal to 100 ppmw at the point of waste origination. At a minimum, specific calendar dates shall be established for award of contracts or issuance of purchase orders for the air emission control equipment; initiation of on-site installation of the equipment; completion of the equipment installation; and performance of any testing to demonstrate that the installed air emission control equipment meets the standards. The EPA recognizes that, in some cases, owners or operators may be unable to meet the implementation date for reasons beyond their control. For example, several commenters pointed out that permit modifications may be required to implement necessary changes, and that modification processes can be lengthy. The EPA developed this rule to be self-implementing and to eliminate the need for permit modifications to the extent possible; furthermore, in the final rule the implementation period has been extended from 2 to 3 years. Therefore, the EPA expects that most if not all facilities will be able to comply. However, the EPA acknowledges that in some cases State permits may have to be modified (e.g., when surface impoundments are replaced with tanks). If the permit process is lengthy, or undergoes extensive appeal, the facility's ability to comply with the implementation date may be jeopardized. To address this and similar situations, the EPA has included a provision that will allow the Regional Administrator to extend the implementation date in situations beyond the owner or operator's control, where he or she made all reasonable and prudent efforts to meet the date. The EPA emphasizes that this extension would be available only where meeting the date was truly beyond the facility's control, and the EPA expects its application would be limited to situations such as delays in State permit processing. The extension would not be available where the facility's planning was at fault, a permit application was submitted unreasonably late, or permit processing was delayed because the permit application was inadequate. In some cases, the owner or operator of a facility in interim status at the time this rule becomes effective may not be able to implement the requirements of the rule before EPA (or an authorized state) issues the facility its RCRA permit. In this case, the EPA will generally incorporate the facility's implementation schedule into the permit, in accordance with the requirements of 40 CFR 270.33, which allows schedules of compliance in RCRA permits. Consistent with this approach, 40 CFR 270.27(a)(7) requires permit applicants to submit their schedules of implementation with their permit applications, if the owner or operator cannot implement the requirements of this rule before permit issuance.
 As the EPA develops new hazardous waste listings or characteristics in the future, new containers, tanks, and surface impoundments will become subject to subpart CC standards. For these units, the effective date of the standards will be the effective date of the new listing or characteristic. Owners or operators of these units must institute controls by that date. In cases when owners or operators cannot comply with the applicable requirements of the subpart CC standards by this date, they must install and operate required air emission control equipment no later than 30 months after the effective date provided that they prepare a implementation schedule (as described above) for this control equipment by the effective date.
 11. Reporting Requirements
 The final subpart CC standards in 40 CFR part 264 require a TSDF owner or operator to submit reports to the EPA only when circumstances occur at the facility resulting in noncompliance with certain provisions of the rule. There are no reporting requirements under 40 CFR 265 subpart CC for owners and operators of interim-status TSDF. Each report required under the final subpart CC standards in 40 CFR part 264 is to be submitted to the EPA Regional office having jurisdiction for a particular TSDF location. The report is required to be signed and dated by an authorized representative of the facility owner or operator.
 A TSDF owner or operator subject to the requirements of 40 CFR 264 subpart CC must report to the EPA all circumstances resulting in placement of a hazardous waste in a tank, surface impoundment, or container subject to the rule and not using air emission controls required by the rule when either of the following conditions occur: (1) The hazardous waste has a volatile organic concentration equal to or greater than 100 ppmw as determined on a mass-weighted average basis at the point of waste origination, or (2) the process used to treat the hazardous waste fails to meet the applicable conditions specified in the rule. The owner or operator must submit a written report within 15 calendar days of the time that the owner or operator becomes aware of the circumstances.
 A TSDF owner or operator subject to the requirements of 40 CFR part 264, subpart CC and using a control device in accordance with the requirements of the rule is required to submit a semiannual written report to the EPA. This report is to describe each occurrence during the previous 6-month period when a control device is operated continuously for 24 hours or longer in noncompliance with the applicable operating values defined in 40 CFR 264.1035(c)(4) or when a flare is operated with visible emissions as defined in 40 CFR 264.1033(d). A TSDF owner or operator is not required to submit this report for a 6-month period during which all control devices at a facility subject to the subpart CC standards are operated by the owner or operator so that during no period of 24 hours or longer did a control device operate continuously in noncompliance with the applicable operating values defined in the rule. B. TSDF Miscellaneous Unit Requirements
 The EPA permits miscellaneous units at TSDF on a case-by-case basis with terms and provisions as needed to protect public health and the environment through generic performance standards specified in 40 CFR 264.601. Today's rule amends Sec. 264.601 to include the air emission controls required by the standards under 40 CFR part 264, subparts AA, BB, and CC among the ``appropriate'' controls a permit writer may require for a miscellaneous unit.
 Application of the air standards under 40 CFR part 264, subparts AA, BB, and CC to subpart X miscellaneous units will require determining which one of the waste management unit categories (e.g., tank, surface impoundment, container), if any, is most similar to the miscellaneous unit. As an example, hazardous waste is sometimes stored or treated in a miscellaneous unit consisting of a flexible, synthetic liner supported by an above ground metal frame (instead of a depression formed of earthen materials as is the case for a surface impoundment). Placing hazardous waste containing organics in this type of miscellaneous unit could result in significant organic emissions from the exposed waste surface comparable to those resulting from placing the waste in a similar size surface impoundment. Using the types of air emission controls applicable to surface impoundments (e.g., floating membrane cover) would reduce organic emissions from this type of miscellaneous unit. Therefore, in the case where the miscellaneous unit is determined to resemble a surface impoundment, a subpart X permit may be issued that includes air emission control requirements for surface impoundments under the subpart CC standards. The same application of the rule would be true for a miscellaneous unit used to manage organiccontaining hazardous waste and determined to be similar to a tank or a container.
 C. 90-Day Tanks and Containers Requirements
 Today's final rulemaking amends subparts I and J of 40 CFR part 265 to add a requirement that 90-day tanks and containers covered by these subparts also have to comply with air emission control requirements in subparts AA, BB, and CC. The rule adds these provisions as conditions with which generators must comply to not be required to obtain a permit for on-site tanks and containers used to accumulate hazardous waste.
 D. Amendments to Subparts AA and BB Standards
 Today's action adds new requirements for TSDF owners and operators using activated carbon adsorption systems to comply with the control device requirements of subparts AA and BB under 40 CFR parts 264 and 265. These requirements specify the procedures for managing the spent carbon removed from the control devices, and are consistent with the requirements promulgated today in subpart CC under 40 CFR parts 264 and 265.
 VIII. Implementation of Final Rule
 A. Existing Sources
 Today's action by the EPA modifies the ``permit-as-a-shield'' practice for implementation of RCRA rules by owners and operators of existing TSDF for which final RCRA permits have been issued by the EPA. The EPA is amending 40 CFR 270.4 to require that owners and operators of TSDF that have been issued final permits prior to June 5, 1995, comply with the air standards under 40 CFR part 265, subparts AA, BB, and CC until the facility's permit is reviewed or reissued by the EPA. This amendment eliminates application of the ``permit-as-a-shield'' practice for these air standards but does not require that the EPA or the TSDF owner or operator initiate a permit modification to add the requirements of 40 CFR part 264, subparts AA, BB, or CC. The EPA believes that this will minimize the administrative burden on the TSDF owner or operator as well as limit the additional burden on the permitting resources of the EPA. However, when a permit is reopened or subject to renewal, or when a TSDF owner or operator submits a Class 3 modification request pertaining to an existing unit or addition of a new unit subject to these standards (e.g., a modification regarding a tank, surface impoundment, or container), then the applicable requirements of 40 CFR part 264, subparts AA, BB, and CC shall be incorporated into the permit conditions. The subpart CC standards promulgated today are implemented on the following schedule by owners and operators of existing TSDF (except for tanks in which waste stabilization activities are performed as of December 6, 1994, as explained in section VI.F of this preamble): (1) All owners and operators of existing TSDF become subject to the requirements of 40 CFR part 265, subparts AA, BB, and CC effective June 5, 1995.
 (2) Beginning June 5, 1995, each TSDF owner or operator is required to be in compliance with 40 CFR part 265, subparts AA, BB, and CC. Implementation of the leak detection and repair program required by the subpart BB standards is required by this date. At a facility where the air emission controls required by the subpart AA, BB, and CC standards are not in place, the owner or operator must have one of the following in the facility's operating record: An implementation schedule for the air emission controls in accordance with the recordkeeping requirements of the rule or the facility's waste determination that indicates that air emission controls are not required. (3) No later than December 8, 1997, the air emission controls required by 40 CFR part 265, subparts AA, BB, and CC must be installed and in operation.
 All final permits, or Class 3 permit modifications, issued by the EPA after June 5, 1995, must incorporate the requirements of 40 CFR part 264, subparts AA, BB, and CC. The owner and operator of an interim status TSDF who have submitted Part B applications to the EPA but have not received a draft permit as of June 5, 1995, are required to modify the Part B application to incorporate the requirements of 40 CFR part 264, subparts AA, BB, and CC prior to a draft permit being issued by the EPA. However, if the owner and operator have received a draft permit as of June 5, 1995, then the requirements of 40 CFR part 264, subparts AA, BB, and CC must be incorporated into the permit conditions prior to final permit determination. The Regional Administrator may establish, on a case-by-case basis, a reasonable date for submittal of the revised Part B application.
 An existing solid waste management unit (or facility) may become a hazardous waste management unit (or facility) requiring a RCRA permit when a waste becomes newly listed or identified as hazardous. Owners and operators of TSDF not previously requiring a RCRA permit who have existing units handling newly listed or identified hazardous waste can submit a Part A application and gain interim status. The air standards being promulgated today are implemented at these facilities on the following schedule:
 (1) 180 days following the date the waste is listed or identified as hazardous waste, the standards become effective; all facilities become subject to the standards.
 (2) Beginning June 5, 1995, each TSDF owner or operator is required to be in compliance with the subpart AA, BB, and CC standards. At a facility where the air emission controls required by the subpart AA, BB, and CC standards are not in place, the owner or operator must have one of the following in the facility's operating record: an implementation schedule for the air emission controls in accordance with the recordkeeping requirements of the rule, or the facility's waste determination that indicates that air emission controls are not required.
 (3) No later than December 8, 1997, the controls required by the standards must be installed at all facilities.
 B. New Sources
 All air emission controls required by 40 CFR part 264, subparts AA, BB, and CC must be in place and operating upon startup of a new TSDF. Under 40 CFR 270.10, owners and operators of new TSDF are required to submit Part A and Part B permit applications and to receive a final permit from the EPA prior to construction of the facility. The Part B application for a new facility must incorporate the requirements of 40 CFR part 264. Owners and operators who have submitted a Part B application for a new TSDF but have not been issued a final permit as of June 5, 1995, are required to modify their Part B applications to incorporate the requirements of 40 CFR part 264, subpart CC.
 C. State Authority
 1. Applicability of Rule in Authorized States Under RCRA section 3006, the EPA may authorize a qualified State to administer and enforce the RCRA program within the State (refer to 40 CFR part 271 for the standards and requirements for authorization). Although an authorized State has primary responsibility for enforcement of RCRA, the EPA retains enforcement authority under RCRA sections 3008, 7003, and 3013, as well as inspection authority under RCRA section 3007.
 Prior to the enactment of the HSWA, a State with final authority administered its hazardous waste program entirely in lieu of the EPA administering the Federal program in that State. The Federal requirements no longer applied in the authorized State, and the EPA could not issue permits for facilities in that State. When new, more stringent Federal requirements were promulgated or enacted, the State was obligated to enact equivalent requirements within specified time frames. The new Federal requirements did not take effect as Federal law in an authorized State until the State adopted the requirements as State law and was granted authority by the EPA to administer the requirements.
 In contrast, new Federal requirements promulgated under authority of the HSWA, become effective in authorized States at the same time they are effective in nonauthorized States. Under RCRA section 3006(g)(1), the EPA is directed to administer the new Federal requirements in authorized States, including the issuance of permits, until the State is granted authority to do so. While authorized States must still adopt all new RCRA provisions as State law to retain final authorization, requirements promulgated under RCRA provisions added by the HSWA are administered by the EPA as Federal law in authorized States in the interim.
 Today's rules are promulgated under authority of RCRA section 3004(n), a provision added to RCRA by the HSWA. Therefore, the EPA is adding the requirements of the rules to Table 1 in 40 CFR 271.1(j). This table identifies the Federal program requirements that are promulgated pursuant to the HSWA and that take effect in all States, regardless of their authorization status.
 2. Effect on State Authorizations
 The EPA will implement the air standards promulgated today in an authorized State until such a time when the State either: (1) Modifies its RCRA program to adopt the rule and receives final authorization from the EPA for the modification; or (2) receives interim authorization from the EPA as described below. Because these air standards are promulgated under authority of the HSWA, a State submitting a program modification may apply to receive either interim or final authorization under RCRA section 3006(g)(2) or 3006(b), respectively, on the basis of requirements that are substantially equivalent or equivalent to the EPA's. The procedures and schedule for State program modifications for either interim or final authorization are described in 40 CFR 271.21. The availability of HSWA interim authorization was recently extended by the EPA until January 1, 2003 (see 57 60129, December 18, 1992).
 In accordance with the requirements of 40 CFR 271.21(e)(2), States with final authorization must modify their programs to reflect Federal program changes and subsequently must submit the modifications to the EPA for approval. The deadline by which a State must modify its RCRA program to adopt today's rulemaking is determined by the date of promulgation of the final rule, in accordance with 40 CFR 271.21(e)(2). This deadline can be extended in certain cases [40 CFR 271.21(e)(3)]. Once the EPA approves the modification, the State requirements become subtitle C RCRA requirements.
 A State that submits its Base program application less than 12 months after the effective date of these standards is not required to include standards equivalent to these standards in its application. However, the State must modify its program by the deadlines set forth in 40 CFR 271.21(e). States that submit official applications for final authorization 12 months after the effective date of these standards must include standards equivalent to these standards in their applications. The 40 CFR 271.3 sets forth the requirements a State must meet when submitting its final authorization application. States with authorized RCRA programs may already have requirements similar to those in today's rule. Such State regulations have not been assessed against the Federal regulations being finalized today to determine whether they meet the tests for authorization. Thus, a State is not authorized to implement these requirements as RCRA requirements until the State program modification is assessed against Federal requirements and approved. Of course, States with existing standards may continue to administer and enforce their standards as a matter of State law. In implementing the Federal program, the EPA will work with States under cooperative agreements to minimize duplication of efforts. In many cases, the EPA will be able to defer to the States in their efforts to implement their programs, rather than take separate actions under Federal authority. IX. Test Methods
 A. Method 25D
 Method 25D in 40 CFR part 60, appendix A is the applicable test method for the determination of the volatile organic concentration of wastes. Method 25D was originally proposed as a part of this rulemaking but was subsequently promulgated in a separate rulemaking (see 56 FR 19402, April 22, 1994). Responses to comments received on the proposed Method 25D as part of this rulemaking are presented in the BID for today's final rule. Additional comments and responses relevant to the proposed Method 25D that were received as part of other EPA rulemakings are available in Air Docket Number A-90-23 located at the EPA's Air and Radiation Docket Information Center, Waterside Mall, room 1500, 1st Floor, 401 M Street, SW., Washington, DC 20460. The sampling requirements in Method 25D have been changed since proposal. The promulgated version of Method 25D requires that samples of waste be collected from a source following specific procedures for sampling a single-phase or well-mixed waste, a multiple-phase waste, and solid materials. Each sample is suspended in an organic/aqueous matrix, then heated and purged with nitrogen for 30 minutes to separate certain organic compounds. A portion of the sample is analyzed for carbon concentration, as methane, with a flame ionization detector. The other portion of the sample is analyzed for chlorine concentration, as chloride, with an electrolytic conductivity detector. The volatile organic concentration of the waste is then computed as the sum of the measured carbon and chlorine contents.
 B. Method 25E
 Method 25E is the applicable test method for determining the organic vapor pressure of waste managed in tanks. The version of Method 25E promulgated today in 40 CFR part 60, appendix A, is the same as the proposed version with one addition to the sampling requirements to provide for sampling waste in a tank. Method 25E requires collection of a waste sample in a headspace sample vial and transfer of the vial to a balanced pressure headspace sampler. The headspace vapor of the sample is analyzed for carbon content by a headspace analyzer, which uses a flame ionization detector.
 X. Administrative Requirements
 A. Paperwork Reduction Act
 The information collection requirements in these rules have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and have been assigned control number 1593.02.
 To aid the EPA with enforcement of the rule being promulgated today, TSDF owners and operators and hazardous waste generators subject to today's action are required to record certain information in the onsite facility operating logs or files. The recordkeeping requirements for each respondent (i.e., person subject to the rule) will vary depending on a variety of site-specific factors. These factors include: the number of tanks, surface impoundments, and containers subject to the rule in operation at the respondent's facility; the number of hazardous waste streams managed at the facility; the type of waste determination methods selected by the respondent; and the type of air emission control equipment selected by the respondent to comply with the requirements of the rule.
 This collection of information has an estimated reporting burden averaging 1.4 hours per response and an estimated annual recordkeeping burden averaging 62.5 hours per respondent. These estimates include time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
 In general, a respondent is not required to submit any reports to the EPA unless certain events occur at the respondent's facility in which a hazardous waste is improperly managed in a unit not using the required air emission controls or a control device malfunction cannot be corrected by the respondent within 24 hours of being detected. Thus, the EPA expects that many respondents complying with this rule will have no reporting burden. On a nationwide average basis, the public reporting burden resulting from today's action is estimated by the EPA to be approximately 2 hours per year per respondent. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to Chief, Information Policy Branch; EPA; 401 M St., S.W. (Mail Code 2136); Washington, DC 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503, marked ``Attention Desk Officer for EPA.''
 B. Executive Order 12866 Review
 Under Executive Order 12866, (58 FR 51735, October 4, 1993) the Agency must determine whether the regulatory action is ``significant'' and therefore subject to OMB review and the requirements of the Executive Order. The Order defines ``significant regulatory action'' as one that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;
 (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or
 (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order.''
 Pursuant to the terms of Executive Order 12866, it has been determined that this rule is a ``significant regulatory action'' based on the estimated annual cost of the rulemaking to the economy (i.e., the EPA's estimate of nationwide annual costs for the subpart CC standards exceeds $100 million). As such, the EPA has submitted this action to OMB for review. Changes made in response to OMB suggestions or recommendations will be documented in the public record.
 C. Regulatory Flexibility Act
 Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), whenever a Federal agency publishes any proposed or final rule in the Federal Register, it must prepare a Regulatory Flexibility Analysis (RFA) that describes the impact of the rule on small entities (i.e., small businesses, organizations, and governmental jurisdictions). This analysis is not necessary, however, if the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities.
 The EPA has established guidelines for determining whether an RFA is required for the EPA rulemaking. These guidelines state that, if a preliminary analysis indicates that a proposed regulation would affect 20 percent or more of ``small entities'', then an RFA is to be prepared. In addition, these guidelines are used to evaluate if a regulation will have a ``significant impact'' on small entities. A regulation is considered by the EPA to have a ``significant impact'' if any one of the following four criteria is met: (1) Annual compliance costs increase the relevant production costs for small entities by more than 5 percent; (2) The ratio of compliance costs to sales will be 10 percent higher for small entities than for large entities; (3) Capital costs of compliance will represent a significant portion of the capital available to small entities, taking into account internal cash flow plus external financing capabilities; (4) Costs of the regulation will likely result in closures of small entities.
 The EPA used the economic impact model developed for the RIA to estimate the effects of today's rulemaking on small entities (refer to Chapter VI of the RIA for additional details). The results of this analysis indicate that the effects of the air standards on small entities are minimal. The number of affected small entities is insubstantial, and the impacts are insignificant. Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify that these final rules promulgated today will not have a significant impact on a substantial number of small entities. Therefore, an RFA is not required for this rulemaking.
 D. Docket
 Three RCRA dockets contain information pertaining to today's rulemaking:
 (1) RCRA docket number F-91-CESP-FFFFF, which contains copies of all BID references and other information related to the development of the rule up through proposal;
 (2) RCRA docket number F-92-CESA-FFFFF, which contains copies of the supplemental data made available for public comment prior to promulgation; and
 (3) RCRA docket number F-94-CESF-FFFFF, which contains copies of all BID references and other information related to development of the final rule following proposal.
 The public may review all materials in these dockets at the EPA RCRA Docket Office.
 The EPA RCRA Docket Office is located in room 2427 of the U.S. Environmental Protection Agency, 401 M Street SW., Washington, DC 20460. The Docket Office is open from 9 a.m. to 4 p.m., Monday through Friday, except for Federal holidays. The public must have an appointment to review docket materials. Appointments can be scheduled by calling the Docket Office at (202) 260-9327. An individual may copy a maximum of 100 pages of material from any one regulatory docket free of charge. Additional pages of material from the docket may be copied at a charge of $0.15 per page.
 XI. Legal Authority
 These regulations are promulgated under the authority of sections 2002, 3001-3007, 3010, and 7004 of the Solid Waste Disposal Act of 1970, as amended by RCRA, as amended (42 U.S.C. 6921-6927, 6930, and 6974).
 List of Subjects
 40 CFR Part 9
 Environmental protection, Reporting and recordkeeping requirements.
 40 CFR Part 60
 Air pollution control, Test method, Vapor-phase organic concentration, Volatile organic concentration, Waste, Waste testing.
 40 CFR Part 260
 Air pollution control, Incorporation by reference.
 40 CFR Part 262
 Accumulation time, Air pollution control, Container, Tank.
 40 CFR Parts 264 and 265
 Air pollution control, Container, Control device, Hazardous waste, Incorporation by reference, Inspection, Miscellaneous unit, Monitoring, Reporting and recordkeeping requirements, Standards, Surface impoundment, Tank, Waste determination.
 40 CFR Part 270
 Administrative practice and procedure, Air pollution control, Confidential business information, Hazardous waste, Permit, Permit modification, Reporting and recordkeeping requirements.
 40 CFR Part 271
 Administrative practice and procedure, Air pollution control, Confidential business information, Hazardous waste, Reporting and recordkeeping requirements.
 Dated: November 15, 1994.
 Carol M. Browner,
 The Administrator.
 For the reasons set out in the preamble, title 40, chapter I, parts 9, 60, 260, 262, 264, 265, 270, and 271 of the Code of Federal Regulations are amended as follows:
 PART 9--OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT
 1. The authority citation for part 9 continues to read as follows: Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1321, 1326, 1330, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 9601-9657, 11023, 11048.
 2. Section 9.1 is amended by adding new entities in numerical order to the table under the indicated headings to read as follows:
 Sec. 9.1 OMB approvals under the Paperwork Reduction Act.
 
 * * * *
 
 OMB control 40 CFR citation No.
 ***** Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities ***** 264.1089................................................... 2060-0318 264.1090................................................... 2060-0318 ***** Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities ***** 265.1090................................................... 2060-0318 *****
 
 PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
 3. The authority citation for part 60 continues to read as follows:
 Authority: Sections 111, 301(a) of the Clean Air Act as amended (42 U.S.C. 7411, 7601(a)) unless otherwise noted.
 4. Appendix A is amended by adding Method 25E:
 Appendix A--Test Methods
 
 * * * *
 Method 25E--Determination of Vapor Phase Organic
 Concentration in Waste Samples
 Introduction
 Performance of this method should not be attempted by persons unfamiliar with the operation of a flame ionization detector (FID) nor by those who are unfamiliar with source sampling because knowledge beyond the scope of this presentation is required.
 
 Applicability and Principle 1.1 Applicability. This method is applicable for determining the vapor pressure of waste samples which represent waste which is or will be managed in tanks.
 1.2 Principle. The headspace vapor of the sample is analyzed for carbon content by a headspace analyzer, which uses an FID.
 2. Interferences
 2.1 The analyst shall select the operating parameters best suited to the requirements for a particular analysis. The analyst shall produce confirming data through an adequate supplemental analytical technique and have the data available for review by the Administrator.
 3. Apparatus
 3.1 Sampling. The following equipment is required: 3.1.1 Sample Containers. Vials, glass, with butyl rubber septa, Perkin-Elmer Corporation Numbers 0105-0129 (glass vials), B001-0728 (gray butyl rubber septum, plug style), 0105-0131 (butyl rubber septa), or equivalent. The seal must be made from butyl rubber. Silicone rubber seals are not acceptable. 3.1.2 Vial Sealer. Perkin-Elmer Number 105-0106, or equivalent. 3.1.3 Gas-Tight Syringe. Perkin-Elmer Number 00230117, or equivalent.
 3.1.4 The following equipment is required for sampling. 3.1.4.1 Tap.
 3.1.4.2 Tubing. Telfon, 0.25-in. ID. Note: Mention of trade names or specific products does not constitute endorsement by the Environmental Protection Agency.
 3.1.4.3 Cooling Coil. Stainless steel (304), 0.25 in.-ID, equipped with a thermocouple at the coil outlet. 3.2 Analysis. The following equipment is required: 3.2.1 Balanced Pressure Headspace Sampler. Perkin-Elmer HS-6, HS-100, or equivalent, equipped with a glass bead column instead of a chromatographic column.
 3.2.2 FID. An FID meeting the following specifications is required:
 3.2.2.1 Linearity. A linear response (<plus-minus>5 percent) over the operating range as demonstrated by the procedures established in Section 6.1.2.
 3.2.2.2 Range. A full scale range of 1 to 10,000 ppm CH<INF>4. Signal attenuators shall be available to produce a minimum signal response of 10 percent of full scale.
 3.2.3 Data Recording System. Analog strip chart recorder or digital integration system compatible with the FID for permanently recording the output of the detector.
 3.2.4 Thermometer. Capable of reading temperatures in the range of 30 deg. to 60 deg.C with an accuracy of <plus-minus>0.1 deg.C.
 4. Reagents
 4.1 Analysis. The following items are required for analysis: 4.1.1 Hydrogen (H<INF>2). Zero grade. 4.1.2 Carrier Gas. Zero grade nitrogen, containing less than 1 ppm carbon (C) and less than 1 ppm carbon dioxide. 4.1.3 Combustion Gas. Zero grade air or oxygen as required by the FID.
 4.2 Calibration and Linearity Check. 4.2.1 Stock Cylinder Gas Standard. 100 percent propane. The manufacturer shall:
 (a) Certify the gas composition to be accurate to <plus-minus>3 percent or better (see Section 4.2.1.1); (b) Recommend a maximum shelf life over which the gas concentration does not change by greater than <plus-minus>5 percent from the certified value; and
 (c) Affix the date of gas cylinder preparation, certified propane concentration, and recommended maximum shelf life to the cylinder before shipment to the buyer.
 4.2.1.1 Cylinder Standards Certification. The manufacturer shall certify the concentration of the calibration gas in the cylinder by (a) directly analyzing the cylinder and (b) calibrating his analytical procedure on the day of cylinder analysis. To calibrate his analytical procedure, the manufacturer shall use, as a minimum, a three-point calibration curve.
 4.2.1.2 Verification of Manufacturer's Calibration Standards. Before using, the manufacturer shall verify each calibration standard by (a) comparing it to gas mixtures prepared in accordance with the procedure described in Section 7.1 of Method 106 of part 61, appendix B, or by (b) calibrating it against Standard Reference Materials (SRM's) prepared by the National Bureau of Standards, if such SRM's are available. The agreement between the initially determined concentration value and the verification concentration value shall be within <plus-minus>5 percent. The manufacturer must reverify all calibration standards on a time interval consistent with the shelf life of the cylinder standards sold.
 5. Procedure
 5.1 Sampling.
 5.1.1 Install a sampling tap to obtain the sample at a point which is most representative of the unexposed waste (where the waste has had minimum opportunity to volatilize to the atmosphere). Assemble the sampling apparatus as shown in Figure 25E-1. BILLING CODE 6560-50-P
 <GRAPHIC><TIFF>TR06DE94.000
 BILLING CODE 6560-50-C
 5.1.2 Begin sampling by purging the sample lines and cooling coil with at least four volumes of waste. Collect the purged material in a separate container and dispose of it properly. 5.1.3 After purging, stop the sample flow and transfer the Teflon sampling tube to a sample container. Sample at a flow rate such that the temperature of the waste is <10 deg.C (<50 deg.F). Fill the sample container halfway (<plus-minus>5 percent) and cap it within 5 seconds. Store immediately in a cooler and cover with ice. 5.1.4 Alternative sampling techniques may be used upon the approval of the Administrator.
 5.2 Analysis.
 5.2.1 Allow one hour for the headspace vials to equilibrate at the temperature specified in the regulation. Allow the FID to warm up until a stable baseline is achieved on the detector. 5.2.2 Check the calibration of the FID daily using the procedures in Section 6.1.2.
 5.2.3 Follow the manufacturer's recommended procedures for the normal operation of the headspace sampler and FID. 5.2.4 Use the procedures in Sections 7.4 and 7.5 to calculate the vapor phase organic vapor pressure in the samples. 5.2.5 Monitor the output of the detector to make certain that the results are being properly recorded.
 6. Operational Checks and Calibration
 Maintain a record of performance of each item. 6.1 Use the procedures in Section 6.1.1 to calibrate the headspace analyzer and FID and check for linearity before the system is first placed in operation, after any shutdown longer than 6 months, and after any modification of the system. 6.1.1 Calibration and Linearity. Use the procedures in Section 6.2.1 of Method 18 of Part 60, Appendix A, to prepare the standards and calibrate the flowmeters, using propane as the standard gas. Fill the calibration standard vials halfway (<plus-minus>5 percent) with deionized water. Purge and fill the airspace with calibration standard. Prepare a minimum of three calibration standards in triplicate at concentrations that will bracket the applicable cutoff. For a cutoff of 5.2 kPa, prepare nominal concentrations of 30,000, 50,000, and 70,000 ppm as propane. For a cutoff of 27.6 kPa, prepare nominal concentrations of 200,000, 300,000, and 400,000 ppm as propane.
 6.1.1.1 Use the procedures in Section 5.2.3 to measure the FID response of each standard. Use a linear regression analysis to calculate the values for the slope (k) and the y-intercept (b). Use the procedures in Sections 7.2 and 7.3 to test the calibration and the linearity.
 6.1.2 Daily FID Calibration Check. Check the calibration at the beginning and at the end of the daily runs by using the following procedures. Prepare two calibration standards at the nominal cutoff concentration using the procedures in Section 6.1.1. Place one at the beginning and one at the end of the daily run. Measure the FID response of the daily calibration standard and use the values for k and b from the most recent calibration to calculate the concentration of the daily standard. Use an equation similar to 25E- 2 to calculate the percent difference between the daily standard and C<INF>s. If the difference is within 5 percent, then the previous values for k and b may be used. Otherwise, use the procedures in Section 6.1.1 to recalibrate the FID.
 7. Calculations
 7.1 Nomenclature.
 A = Measurement of the area under the response curve, counts. b = y-intercept of the linear regression line. C<INF>a = Measured vapor phase organic concentration of sample, ppm as propane.
 C<INF>ma = Average measured vapor phase organic concentration of standard, ppm as propane.
 C<INF>m = Measured vapor phase organic concentration of standard, ppm as propane.
 C<INF>s = Calculated standard concentration, ppm as propane. k = Slope of the linear regression line. P<INF>bar = Atmospheric pressure at analysis conditions, mm Hg (in. Hg).
 P* = Organic vapor pressure in the sample, kPa (psi). <greek-b> = 1.333 X 10-7 kPa/[(mm Hg)(ppm)], (4.91 X 10-7 psi/[(in. Hg)(ppm)])
 7.2 Linearity. Use the following equation to calculate the measured standard concentration for each standard vial.
 C<INF>m = k A + b Eq. 25E-1
 7.2.1 Calculate the average measured standard concentration (C<INF>ma) for each set of triplicate standards and use the following equation to calculate the percent difference (PD) between C<INF>ma and C<INF>s.
 <GRAPHIC><TIF1>TR06DE94.001
 The instrument linearity is acceptable if the percent difference is within five for each standard.
 7.3 Relative Standard Deviation (RSD). Use the following equation to calculate the RSD for each triplicate set of standards.
 <GRAPHIC><TIF2>TR06DE94.002
 The calibration is acceptable if the RSD is within five for each standard concentration.
 7.4 Concentration of organics in the headspace. Use the following equation to calculate the concentration of vapor phase organics in each sample.
 C<INF>a = k A + b Eq. 25E-4
 7.5 Vapor Pressure of Organics in the Headspace Sample. Use the following equation to calculate the vapor pressure of organics in the sample.
 P* = <greek-b> P<INF>bar C<INF>a Eq. 25E-5
 
 * * * *
 PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
 5. The authority citation for part 260 continues to read as follows:
 Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935, 6937, 6938, 6939, and 6974.
 6. Section 260.11 is amended by adding the following references to the end of paragraph (a) and by revising the first sentence of paragraph (b) to read as follows:
 Sec. 260.11 References.
 (a) * * *
 API Publication 2517, Third Edition, February 1989, ``Evaporative Loss from External Floating-Roof Tanks,'' available from the American Petroleum Institute, 1220 L Street, Northwest, Washington, D.C. 20005. ``ASTM Standard Test Method for Vapor Pressure--Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope,'' ASTM Standard D 2879-92, available from American Society for Testing and Materials (ASTM), 1916 Race Street, Philadelphia, Pennsylvania 19103;
 
 * * * *
 (b) The references listed in paragraph (a) of this section are also available for inspection at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. * * *
 PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
 8. The authority citation for part 262 continues to read as follows:
 Authority: 42 U.S.C. 6906, 6912(a), 6922, 6923, 6924, 6925, 6937 and 6938, unless otherwise noted.
 8a. Section 262.34 is amended by revising paragraphs (a)(1)(i), (a)(1)(ii) and (d)(2) as follows:
 Sec. 262.34 Accumulation time.
 (a) * * *
 (1) * * *
 (i) In containers and the generator complies with subparts I AA, BB and CC of 40 CFR part 265; and/or
 (ii) In tanks and the generator complies with subparts J, AA, BB and CC of 40 CFR part 265, except Secs. 265.197(c) and 265.200; and/or
 
 * * * *
 (d) * * *
 (2) The generator complies with the requirements of subpart I of part 265 of this chapter, except for Secs. 265.176 and 265.178;
 * * * *
 PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
 9. The authority citation for part 264 continues to read as follows:
 Authority: 42 U.S.C. 6905, 6912(a), 6924 and 6925.
 Subpart B--General Facility Standards
 Sec. 264.13 [Amended]
 10. In Sec. 264.13, paragraph (b)(6) is amended by adding ``264.1083,'' after the phrase ``as specified in Secs. 264.17, 264.314, 264.341, 264.1034(d), 264.1063(d),''.
 11. In Sec. 264.13, paragraph (b)(8) is added to read as follows:
 Sec. 264.13 General waste analysis.
 
 * * * *
 (b) * * *
 (8) For owners and operators seeking an exemption to the air emission standards of subpart CC in accordance with Sec. 264.1082-- (i) The procedures and schedules for waste sampling and analysis, and the analysis of test data to verify the exemption. (ii) Each generator's notice and certification of the volatile organic concentration in the waste if the waste is received from off site.
 
 * * * *
 Sec. 264.15 [Amended]
 12. In Sec. 264.15, paragraph (b)(4) is amended by removing the word ``and'' after the phrase ``frequencies called for in Secs. 264.174, 264.193, 264.195, 264.226, 264.254, 264.278, 264.303, 264.347, 264.602, 264.1033, 264.1052, 264.1053,'' and adding ``264.1088, and 264.1091(b),'' after ``264.1058,''.
 Subpart E--Manifest System, Recordkeeping, and Reporting
 13. Section 264.73 is amended by revising paragraphs (b)(3) and (b)(6) to read as follows:
 Sec. 264.73 Operating record.
 
 * * * *
 (b) * * *
 (3) Records and results of waste analyses and waste determinations performed as specified in Secs. 264.13, 264.17, 264.314, 264.341, 264.1034, 264.1063, 264.1083, 268.4(a), and 268.7 of this chapter.
 * * * *
 (6) Monitoring, testing or analytical data, and corrective action where required by subpart F of this part and Secs. 264.19, 264.191, 264.193, 264.195, 264.222, 264.223, 264.226, 264.252 through 264.254, 264.276, 264.278, 264.280, 264.302 through 264.304, 264.309, 264.347, 264.602, 264.1034(c) through 264.304(f), 264.1035, 264.1063(d) through 264.1063(i), 264.1064, 264.1088, 264.1089, and 264.1091.
 * * * *
 
 Section 264.77 is amended by revising paragraph (c) to read as follows:
 Sec. 264.77 Additional reports.
 
 * * * *
 (c) As otherwise required by subparts F, K through N, AA, BB, and CC of this part.
 Subpart I--Use and Management of Containers
 15. Section 264.179 is added to read as follows:
 Sec. 264.179 Air Emission Standards.
 The owner or operator shall manage all hazardous waste placed in a container in accordance with the requirements of subpart CC of this part.
 Subpart J--Tank Systems
 16. Section 264.200 is added to read as follows:
 Sec. 264.200 Air emission standards.
 The owner or operator shall manage all hazardous waste placed in a tank in accordance with the requirements of subpart CC of this part.
 Subpart K--Surface Impoundments
 17. Section 264.232 is added to read as follows:
 Sec. 264.232 Air emission standards.
 The owner or operator shall manage all hazardous waste placed in a surface impoundment in accordance with the requirements of subpart CC of this part.
 Subpart X--Miscellaneous Unit
 Sec. 264.601 [Amended]
 18. The introductory text of Sec. 264.601 is amended by adding the words ``and subparts AA through CC'' after ``subparts I through O''.
 Subpart AA--Air Emission Standards for Process Vents
 19. Section 264.1033 is amended by revising paragraph (k)(2) and adding paragraph (m) to read as follows:
 Sec. 264.1033 Standards: Closed-vent systems and control devices.
 
 * * * *
 (k) * * *
 (2) Closed-vent systems shall be monitored to determine compliance with this section during the initial leak detection monitoring, which shall be conducted by the date that the facility becomes subject to the provisions of this section, annually, and at other times as requested by the Regional Administrator. For the annual leak detection monitoring after the initial leak detection monitoring, the owner or operator is not required to monitor those closed-vent system components which operate in vacuum service or those closed-vent system joints, seams, or other connections that are permanently or semi-permanently sealed (e.g., a welded joint between two sections of metal pipe or a bolted and gasketed pipe flange).
 
 * * * *
 (m) The owner or operator using a carbon adsorption system shall document that all carbon removed from a carbon adsorption system to comply with Sec. 264.1033(g) and Sec. 264.1033(h) is managed in one of the following manners:
 (1) Regenerated or reactivated in a thermal treatment unit that is permitted under subpart X of this part; (2) Incinerated by a process that is permitted under subpart O of this part; or
 (3) Burned in a boiler or industrial furnace that is permitted under subpart H of part 266 of this chapter.
 In part 264, subpart CC is added to read as follows: Subpart CC--Air Emission Standards for Tanks, Surface Impoundments, and Containers
 Sec.
 264.1080 Applicability.
 264.1081 Definitions.
 264.1082 Standards: General.
 264.1083 Waste determination procedures. 264.1084 Standards: Tanks.
 264.1085 Standards: Surface impoundments. 264.1086 Standards: Containers.
 264.1087 Standards: Closed-vent systems and control devices. 264.1088 Inspection and monitoring requirements. 264.1089 Recordkeeping requirements.
 264.1090 Reporting requirements.
 264.1091 Alternative control requirements for tanks.
 Subpart CC--Air Emission Standards for Tanks, Surface Impoundments, and Containers
 Sec. 264.1080 Applicability.
 (a) The requirements of this subpart apply to owners and operators of all facilities that treat, store, or dispose of hazardous waste in tanks, surface impoundments, or containers subject to either subparts I, J, or K of this part except as Sec. 264.1 and paragraph (b) of this section provide otherwise.
 (b) The requirements of this subpart do not apply to the following waste management units at the facility: (1) A waste management unit that holds hazardous waste placed in the unit before June 5, 1995, and in which no hazardous waste is added to the unit on or after June 5, 1995.
 (2) A container that has a design capacity less than or equal to 0.1 m3.
 (3) A tank in which an owner or operator has stopped adding hazardous waste and the owner or operator has begun implementing or completed closure pursuant to an approved closure plan. (4) A surface impoundment in which an owner or operator has stopped adding hazardous waste (except to implement an approved closure plan) and the owner or operator has begun implementing or completed closure pursuant to an approved closure plan.
 (5) A waste management unit that is used solely for on-site treatment or storage of hazardous waste that is generated as the result of implementing remedial activities required under the corrective action authorities of RCRA sections 3004(u), 3004(v) or 3008(h), CERCLA authorities, or similar Federal or State authorities. (6) A waste management unit that is used solely for the management of radioactive mixed waste in accordance with all applicable regulations under the authority of the Atomic Energy Act and the Nuclear Waste Policy Act.
 (c) For the owner and operator of a facility subject to this subpart and who received a final permit under RCRA section 3005 prior to June 5, 1995, the requirements of this subpart shall be incorporated into the permit when the permit is reissued in accordance with the requirements of 40 CFR 124.15 or reviewed in accordance with the requirements of 40 CFR 270.50(d). Until such date when the owner and operator receives a final permit incorporating the requirements of this subpart, the owner and operator is subject to the requirements of 40 CFR part 265, subpart CC.
 Sec. 264.1081 Definitions.
 As used in this subpart, all terms shall have the meaning given to them in 40 CFR 265.1081, the Act, and parts 260 through 266 of this chapter.
 Sec. 264.1082 Standards: General.
 (a) This section applies to the management of hazardous waste in tanks, surface impoundments, and containers subject to this subpart. (b) The owner or operator shall control air emissions from each waste management unit in accordance with standards specified in Secs. 264.1084 through 264.1087 of this subpart, as applicable to the waste management unit, except as provided for in paragraph (c) of this section.
 (c) A waste management unit is exempted from standards specified in Secs. 264.1084 through 264.1087 of this subpart provided that all hazardous waste placed in the waste management unit is determined by the owner or operator to meet either of the following conditions: (1) The average VO concentration of the hazardous waste at the point of waste origination is less than 100 parts per million by weight (ppmw). The average VO concentration shall be determined by the procedures specified in Sec. 264.1083(a) of this subpart. (2) The organic content of the hazardous waste has been reduced by an organic destruction or removal process that achieves any one of the following conditions:
 (i) A process that removes or destroys the organics contained in the hazardous waste to a level such that the average VO concentration of the hazardous waste at the point of waste treatment is less than the exit concentration limit (C<INF>t) established for the process. The average VO concentration of the hazardous waste at the point of waste treatment and the exit concentration limit for the process shall be determined using the procedures specified in Sec. 264.1083(b) of this subpart.
 (ii) A process that removes or destroys the organics contained in the hazardous waste to a level such that the organic reduction efficiency (R) for the process is equal to or greater than 95 percent, and the average VO concentration of the hazardous waste at the point of waste treatment is less than 50 ppmw. The organic reduction efficiency for the process and the average VO concentration of the hazardous waste at the point of waste treatment shall be determined using the procedures specified in Sec. 264.1083(b) of this subpart. (iii) A process that removes or destroys the organics contained in the hazardous waste to a level such that the actual organic mass removal rate (MR) for the process is greater than the required organic mass removal rate (RMR) established for the process. The required organic mass removal rate and the actual organic mass removal rate for the process shall be determined using the procedures specified in Sec. 264.1083(b) of this subpart.
 (iv) A biological process that destroys or degrades the organics contained in the hazardous waste, such that either of the following conditions is met:
 (A) The organic reduction efficiency (R) for the process is equal to or greater than 95 percent, and the organic biodegradation efficiency (R<INF>bio) for the process is equal to or greater than 95 percent. The organic reduction efficiency and the organic biodegradation efficiency for the process shall be determined in accordance with the procedures specified in Sec. 264.1083(b) of this subpart.
 (B) The total actual organic mass biodegradation rate (MR<INF>bio) for all hazardous waste treated by the process is equal to or greater than the required organic mass removal rate (RMR). The required organic mass removal rate and the actual organic mass biodegradation rate for the process shall be determined using the procedures specified in Sec. 264.1083(b) of this subpart.
 (v) A process that removes or destroys the organics contained in the hazardous waste and meets all of the following conditions: (A) All of the materials entering the process are hazardous wastes. (B) From the point of waste origination through the point where the hazardous waste enters the process, the hazardous waste is continuously managed in waste management units which use air emission controls in accordance with the standards specified in Secs. 264.1084 through 264.1087 of this subpart, as applicable to the waste management unit. (C) The average VO concentration of the hazardous waste at the point of waste treatment is less than the lowest average VO concentration at the point of waste origination determined for each of the individual hazardous waste streams entering the process or 100 ppmw, whichever value is lower. The average VO concentration of each individual hazardous waste stream at the point of waste origination shall be determined using the procedure specified in Sec. 264.1083(a) of this subpart. The average VO concentration of the hazardous waste at the point of waste treatment shall be determined using the procedure specified in Sec. 264.1083(b) of this subpart. (vi) A hazardous waste incinerator for which the owner or operator has either:
 (A) Been issued a final permit under 40 CFR part 270, and designs and operates the unit in accordance with the requirements of subpart O of this part; or
 (B) Has certified compliance with the interim status requirements of 40 CFR part 265, subpart O.
 (vii) A boiler or industrial furnace for which the owner or operator has either:
 (A) Been issued a final permit under 40 CFR part 270, and designs and operates the unit in accordance with the requirements of 40 CFR part 266, subpart H, or
 (B) Has certified compliance with the interim status requirements of 40 CFR part 266, subpart H.
 (d) When a process is used for the purpose of treating a hazardous waste to meet one of the sets of conditions specified in paragraphs (c)(2)(i) through (c)(2)(v) of this section, each material removed from or exiting the process that is not a hazardous waste but has an average VO concentration equal to or greater than 100 ppmw shall be managed in a waste management unit in accordance with the requirements of paragraph (b) of this section.
 (e) The Regional Administrator may at any time perform or request that the owner or operator perform a waste determination for a hazardous waste managed in a tank, surface impoundment, or container exempted from using air emission controls under the provisions of this section as follows:
 (1) The waste determination for average VO concentration of a hazardous waste at the point of waste origination shall be performed using direct measurement in accordance with the applicable requirements of Sec. 264.1083(a) of this subpart. The waste determination for a hazardous waste at the point of waste treatment shall be performed in accordance with the applicable requirements of Sec. 264.1083(b) of this subpart.
 (2) In a case when the owner or operator is requested to perform the waste determination, the Regional Administrator may elect to have an authorized representative observe the collection of the hazardous waste samples used for the analysis.
 (3) In a case when the results of the waste determination performed or requested by the Regional Administrator do not agree with the results of a waste determination performed by the owner or operator using knowledge of the waste, then the results of the waste determination performed in accordance with the requirements of paragraph (e)(1) of this section shall be used to establish compliance with the requirements of this subpart.
 (4) In a case when the owner or operator has used an averaging period greater than 1 hour for determining the average VO concentration of a hazardous waste at the point of waste origination, the Regional Administrator may elect to establish compliance with this subpart by performing or requesting that the owner or operator perform a waste determination using direct measurement based on waste samples collected within a 1-hour period as follows:
 (i) The average VO concentration of the hazardous waste at the point of waste origination shall be determined by direct measurement in accordance with the requirements of Sec. 264.1083(a) of this subpart. (ii) Results of the waste determination performed or requested by the Regional Administrator showing that the average VO concentration of the hazardous waste at the point of waste origination is equal to or greater than 100 ppmw shall constitute noncompliance with this subpart except in a case as provided for in paragraph (e)(4)(iii) of this section.
 (iii) For the case when the average VO concentration of the hazardous waste at the point of waste origination previously has been determined by the owner or operator using an averaging period greater than 1 hour to be less than 100 ppmw but because of normal operating process variations the VO concentration of the hazardous waste determined by direct measurement for any given 1-hour period may be equal to or greater than 100 ppmw, information that was used by the owner or operator to determine the average VO concentration of the hazardous waste (e.g., test results, measurements, calculations, and other documentation) and recorded in the facility records in accordance with the requirements of Sec. 264.1083(a) and Sec. 264.1089 of this subpart shall be considered by the Regional Administrator together with the results of the waste determination performed or requested by the Regional Administrator in establishing compliance with this subpart.
 Sec. 264.1083 Waste determination procedures.
 (a) Waste determination procedure for average volatile organic (VO) concentration of a hazardous waste at the point of waste origination. (1) An owner or operator shall determine the average VO concentration at the point of waste origination for each hazardous waste placed in waste management units exempted under the provisions of Sec. 264.1082(c)(1) of this subpart from using air emission controls in accordance with standards specified in Sec. 264.1084 through Sec. 264.1087 of this subpart, as applicable to the waste management unit.
 (2) The VO concentration at the point of waste origination for a hazardous waste shall be determined in accordance with the procedures specified in 40 CFR 265.1084(a)(2) through (a)(6) of this chapter. (b) Waste determination procedures for treated hazardous waste. (1) An owner or operator shall perform the applicable waste determinations for each treated hazardous waste placed in waste management units exempted under the provisions of Sec. 264.1082(c)(2) of this subpart from using air emission controls in accordance with standards specified in Sec. 264.1084 through Sec. 264.1087 of this subpart, as applicable to the waste management unit. (2) The waste determination for a treated hazardous waste shall be performed in accordance with the procedures specified in 40 CFR 265.1084(b)(2) through (b)(10), as applicable to the treated hazardous waste.
 (c) Procedure to determine the maximum organic vapor pressure of a hazardous waste in a tank.
 (1) An owner or operator shall determine the maximum organic vapor pressure for each hazardous waste placed in tanks using air emission controls in accordance with standards specified in Sec. 264.1084(c) of this subpart.
 (2) The maximum organic vapor pressure of the hazardous waste shall be determined in accordance with the procedures specified in 40 CFR 265.1084(c)(2) through (c)(4).
 Sec. 264.1084 Standards: Tanks.
 (a) This section applies to owners and operators of tanks subject to this subpart into which any hazardous waste is placed except for the following tanks:
 (1) A tank in which all hazardous waste entering the tank meets the conditions specified in Sec. 264.1082(c) of this subpart; or (2) A tank used for biological treatment of hazardous waste in accordance with the requirements of Sec. 264.1082(c)(2)(iv) of this subpart.
 (b) The owner or operator shall place the hazardous waste into one of the following tanks:
 (1) A tank equipped with a cover (e.g., a fixed roof) that is vented through a closed-vent system to a control device in accordance with the requirements specified in paragraph (d) of this section; (2) A tank equipped with a fixed roof and internal floating roof in accordance with the requirements of Sec. 264.1091 of this subpart; (3) A tank equipped with an external floating roof in accordance with the requirements of Sec. 264.1091 of this subpart; or (4) A pressure tank that is designed to operate as a closed system such that the tank operates with no detectable organic emissions at all times that hazardous waste is in the tank except as provided for in paragraph (g) of this section.
 (c) As an alternative to complying with paragraph (b) of this section, an owner or operator may place hazardous waste in a tank equipped with a cover (e.g., a fixed roof) meeting the requirements specified in paragraph (d)(1) of this section when the hazardous waste is determined to meet all of the following conditions: (1) The hazardous waste is neither mixed, stirred, agitated, nor circulated within the tank by the owner or operator using a process that results in splashing, frothing, or visible turbulent flow on the waste surface during normal process operations; (2) The hazardous waste in the tank is not heated by the owner or operator except during conditions requiring that the waste be heated to prevent the waste from freezing or to maintain adequate waste flow conditions for continuing normal process operations; (3) The hazardous waste in the tank is not treated by the owner or operator using a waste stabilization process or a process that produces an exothermic reaction; and
 (4) The maximum organic vapor pressure of the hazardous waste in the tank as determined using the procedure specified in Sec. 264.1083(c) of this subpart is less than the following applicable value:
 (i) If the tank design capacity is equal to or greater than 151 m3, then the maximum organic vapor pressure shall be less than 5.2 kPa;
 (ii) If the tank design capacity is equal to or greater than 75 m3 but less than 151 m3, then the maximum organic vapor pressure shall be less than 27.6 kPa; or (iii) If the tank design capacity is less than 75 m3, then the maximum organic vapor pressure shall be less than 76.6 kPa. (d) To comply with paragraph (b)(1) of this section, the owner or operator shall design, install, operate, and maintain a cover that vents the organic vapors emitted from hazardous waste in the tank through a closed-vent system connected to a control device. (1) The cover shall be designed and operated to meet the following requirements:
 (i) The cover and all cover openings (e.g., access hatches, sampling ports, and gauge wells) shall be designed to operate with no detectable organic emissions when all cover openings are secured in a closed, sealed position.
 (ii) Each cover opening shall be secured in a closed, sealed position (e.g., covered by a gasketed lid or cap) at all times that hazardous waste is in the tank except as provided for in paragraph (f) of this section.
 (2) The closed-vent system and control device shall be designed and operated in accordance with the requirements of Sec. 264.1087 of this subpart.
 (e) The owner and operator shall install, operate, and maintain enclosed pipes or other closed-systems, EPA considers a drain system that meets the requirements of 40 CFR 61.346(a)(1) or 40 CFR 61.346(b)(1) through (b)(3) to be a ``closed systems'', to: (1) Transfer all hazardous waste to the tank from another tank, surface impoundment, or container subject to this subpart except for those hazardous wastes that meet the conditions specified in Sec. 264.1082(c) of this subpart; and
 (2) Transfer all hazardous waste from the tank to another tank, surface impoundment, or container subject to this subpart except for those hazardous wastes that meet the conditions specified in Sec. 264.1082(c) of this subpart.
 (f) Each cover opening shall be secured in a closed, sealed position (e.g., covered by a gasketed lid) at all times that hazardous waste is in the tank except when it is necessary to use the cover opening to:
 (1) Add, remove, inspect, or sample the material in the tank; (2) Inspect, maintain, repair, or replace equipment located inside the tank; or
 (3) Vent gases or vapors from the tank to a closed-vent system connected to a control device that is designed and operated in accordance with the requirements of Sec. 264.1087 of this subpart. (g) One or more safety devices which vent directly to the atmosphere may be used on the tank, cover, closed-vent system, or control device provided each safety device meets all of the following conditions:
 (1) The safety device is not used for planned or routine venting of organic vapors from the tank or closed-vent system connected to a control device; and
 (2) The safety device remains in a closed, sealed position at all times except when an unplanned event requires that the device open for the purpose of preventing physical damage or permanent deformation of the tank, cover, closed-vent system, or control device in accordance with good engineering and safety practices for handling flammable, combustible, explosive, or other hazardous materials. An example of an unplanned event is a sudden power outage.
 Sec. 264.1085 Standards: Surface impoundments.
 (a) This section applies to owners and operators of surface impoundments subject to this subpart into which any hazardous waste is placed except for the following surface impoundments: (1) A surface impoundment in which all hazardous waste entering the surface impoundment meets the conditions specified in Sec. 264.1082(c) of this subpart; or
 (2) A surface impoundment used for biological treatment of hazardous waste in accordance with the requirements of Sec. 264.1082(c)(2)(iv) of this subpart. (b) The owner or operator shall place the hazardous waste into a surface impoundment equipped with a cover (e.g., an air-supported structure or a rigid cover) that is vented through a closed-vent system to a control device meeting the requirements specified in paragraph (d) of this section.
 (c) As an alternative to complying with paragraph (b) of this section, an owner or operator may place hazardous waste in a surface impoundment equipped with a floating membrane cover meeting the requirements specified in paragraph (e) of this section when the hazardous waste is determined to meet all of the following conditions: (1) The hazardous waste is neither mixed, stirred, agitated, nor circulated within the surface impoundment by the owner or operator using a process that results in splashing, frothing, or visible turbulent flow on the waste surface during normal process operations; (2) The hazardous waste in the surface impoundment is not heated by the owner or operator; and
 (3) The hazardous waste is not treated by the owner or operator using a waste stabilization process or a process that produces an exothermic reaction.
 (d) To comply with paragraph (b)(1) of this section, the owner or operator shall design, install, operate, and maintain a cover that vents the organic vapors emitted from hazardous waste in the surface impoundment through a closed- vent system connected to a control device.
 (1) The cover shall be designed and operated to meet the following requirements:
 (i) The cover and all cover openings (e.g., access hatches, sampling ports, and gauge wells) shall be designed to operate with no detectable organic emissions when all cover openings are secured in a closed, sealed position.
 (ii) Each cover opening shall be secured in the closed, sealed position (e.g., covered by a gasketed lid or cap) at all times that hazardous waste is in the surface impoundment except as provided for in paragraph (g) of this section.
 (iii) The closed-vent system and control device shall be designed and operated in accordance with Sec. 264.1087 of this subpart. (e) To comply with paragraph (c) of this section, the owner or operator shall design, install, operate, and maintain a floating membrane cover that meets all of the requirements specified in 40 CFR 265.1086(e)(1) through (e)(4).
 (f) The owner or operator shall install, operate, and maintain enclosed pipes or other closed-systems, EPA considers a drain system that meets the requirements of 40 CFR 61.346(a)(1) or 40 CFR 61.346(b)(1) through (b)(3) to be a ``closed system'', to: (1) Transfer all hazardous waste to the surface impoundment from another tank, surface impoundment, or container subject to this subpart except for those hazardous wastes that meet the conditions specified in Sec. 264.1082(c) of this subpart; and
 (2) Transfer all hazardous waste from the surface impoundment to another tank, surface impoundment, or container subject to this subpart except for those hazardous wastes that meet the conditions specified in Sec. 264.1082(c) of this subpart.
 (g) Each cover opening shall be secured in the closed, sealed position (e.g., a cover by a gasketed lid or cap) at all times that hazardous waste is in the surface impoundment except when it is necessary to use the cover opening to:
 (1) Add, remove, inspect, or sample the material in the surface impoundment;
 (2) Inspect, maintain, repair, or replace equipment located underneath the cover;
 (3) Remove treatment residues from the surface impoundment in accordance with the requirements of 40 CFR 268.4; or (4) Vent gases or vapors from the surface impoundment to a closedvent system connected to a control device that is designed and operated in accordance with the requirements of Sec. 264.1087 of this subpart. (h) One or more safety devices that vent directly to the atmosphere may be installed on the cover, closed-vent system, or control device provided each device meets all of the following conditions: (1) The safety device is not used for planned or routine venting of organic vapors from the surface impoundment or the closed-vent system connected to a control device; and
 (2) The safety device remains in a closed, sealed position at all times except when an unplanned event requires that the device open for the purpose of preventing physical damage or permanent deformation of the cover, closed-vent system, or control device in accordance with good engineering and safety practices for handling flammable, combustible, explosive, or other hazardous materials. An example of an unplanned event is a sudden power outage.
 Sec. 264.1086 Standards: Containers.
 (a) This section applies to the owners and operators of containers having design capacities greater than 0.1 m3 subject to this subpart into which any hazardous waste is placed except for a container in which all hazardous waste entering the container meets the conditions specified in Sec. 264.1082(c) of this subpart. (b) An owner or operator shall manage hazardous waste in containers using the following procedures:
 (1) The owner or operator shall place the hazardous waste into one of the following containers except when a container is used for hazardous waste treatment as required by paragraph (b)(2) of this section:
 (i) A container that is equipped with a cover which operates with no detectable organic emissions when all container openings (e.g., lids, bungs, hatches, and sampling ports) are secured in a closed, sealed position. The owner or operator shall determine that a container operates with no detectable emissions by testing each opening on the container for leaks in accordance with Method 21 in 40 CFR part 60, appendix A the first time any portion of the hazardous waste is placed into the container. If a leak is detected and cannot be repaired immediately, the hazardous waste shall be removed from the container and the container not used to meet the requirements of this paragraph until the leak is repaired and the container is retested. (ii) A container having a design capacity less than or equal to 0.46 m3 that is equipped with a cover and complies with all applicable Department of Transportation regulations on packaging hazardous waste for transport under 49 CFR part 178. (A) A container that is managed in accordance with the requirements of 49 CFR part 178 for the purpose of complying with this subpart is not subject to any exceptions to the 49 CFR part 178 regulations, except as noted in paragraph (b)(1)(ii)(B) of this section. (B) A lab pack that is managed in accordance with the requirements of 49 CFR part 178 for the purpose of complying with this subpart may comply with the exceptions for combination packagings specified in 49 CFR 173.12(b).
 (iii) A container that is attached to or forms a part of any truck, trailer, or railcar; and that has been demonstrated within the preceding 12 months to be organic vapor tight when all container openings are in a closed, sealed position (e.g., the container hatches or lids are gasketed and latched). For the purpose of meeting the requirements of this paragraph, a container is organic vapor tight if the container sustains a pressure change of not more than 750 pascals within 5 minutes after it is pressurized to a minimum of 4,500 pascals. This condition is to be demonstrated using the pressure test specified in Method 27 of 40 CFR part 60, appendix A, and a pressure measurement device which has a precision of <plus-minus>2.5 mm water and which is capable of measuring above the pressure at which the container is to be tested for vapor tightness.
 (2) An owner or operator treating hazardous waste in a container by either a waste stabilization process, any process that requires the addition of heat to the waste, or any process that produces an exothermic reaction shall meet the following requirements: (i) Whenever it is necessary for the container to be open during the treatment process, the container shall be located inside an enclosure that is vented through a closed-vent system to a control device.
 (ii) The enclosure shall be a structure that is designed and operated in accordance with the following requirements: (A) The enclosure shall be a structure that is designed and operated with sufficient airflow into the structure to capture the organic vapors emitted from the hazardous waste in the container and vent the vapors through the closed-vent system to the control device. (B) The enclosure may have permanent or temporary openings to allow worker access; passage of containers through the enclosure by conveyor or other mechanical means; entry of permanent mechanical or electrical equipment; or to direct airflow into the enclosure. The pressure drop across each opening in the enclosure shall be maintained at a pressure below atmospheric pressure such that whenever an open container is placed inside the enclosure no organic vapors released from the container exit the enclosure through the opening. The owner or operator shall determine that an enclosure achieves this condition by measuring the pressure drop across each opening in the enclosure. If the pressure within the enclosure is equal to or greater than atmospheric pressure then the enclosure does not meet the requirements of this section. (iii) The closed-vent system and control device shall be designed and operated in accordance with the requirements of Sec. 264.1087 of this subpart.
 (3) An owner or operator transferring hazardous waste into a container having a design capacity greater than 0.46 m\3\ shall meet the following requirements:
 (i) Hazardous waste transfer by pumping shall be performed using a conveyance system that uses a tube (e.g., pipe, hose) to add the waste into the container. During transfer of the waste into the container, the cover shall remain in place and all container openings shall be maintained in a closed, sealed position except for those openings through which the tube enters the container and as provided for in paragraph (c) of this section. The tube shall be positioned in a manner such that either the:
 (A) Tube outlet continuously remains submerged below the waste surface at all times waste is flowing through the tube; (B) Lower bottom edge of the tube outlet is located at a distance no greater than two inside diameters of the tube or 15.25 cm, whichever distance is greater, from the bottom of the container at all times waste is flowing through the tube; or
 (C) Tube is connected to a permanent port mounted on the bottom of the container so that the lower edge of the port opening inside the container is located at a distance equal to or less than 15.25 cm from the container bottom.
 (ii) Hazardous waste transferred by a means other than pumping shall be performed such that during transfer of the waste into the container, the cover remains in place and all container openings are maintained in a closed, sealed position except for those openings through which the hazardous waste is added and as provided for in paragraph (d) of this section.
 (c) Each container opening shall be maintained in a closed, sealed position (e.g., covered by a gasketed lid) at all times that hazardous waste is in the container except when it is necessary to use the opening to:
 (1) Add, remove, inspect, or sample the material in the container; (2) Inspect, maintain, repair, or replace equipment located inside the container; or
 (3) Vent gases or vapors from a cover located over or enclosing an open container to a closed-vent system connected to a control device that is designed and operated in accordance with the requirements of Sec. 264.1087 of this subpart.
 (d) One or more safety devices that vent directly to the atmosphere may be used on the container, cover, enclosure, closed-vent system, or control device provided each device meets all of the following conditions:
 (1) The safety device is not used for planned or routine venting of organic vapors from the container, cover, enclosure, or closed-vent system connected to a control device; and (2) The safety device remains in a closed, sealed position at all times except when an unplanned event requires that the device open for the purpose of preventing physical damage or permanent deformation of the container, cover, enclosure, closed-vent system, or control device in accordance with good engineering and safety practices for handling flammable, combustible, explosive, or other hazardous materials. An example of an unplanned event is a sudden power outage.
 Sec. 264.1087 Standards: Closed-vent systems and control devices.
 (a) This section applies to each closed-vent system and control device installed and operated by the owner or operator to control air emissions in accordance with standards of this subpart. (b) The closed-vent system shall meet the following requirements: (1) The closed-vent system shall route the gases, vapors, and fumes emitted from the hazardous waste in the waste management unit to a control device that meets the requirements specified in paragraph (c) of this section.
 (2) The closed-vent system shall be designed and operated in accordance with the requirements specified in Sec. 264.1033(k) of this part.
 (3) If the closed-vent system contains one or more bypass devices that could be used to divert all or a portion of the gases, vapors, or fumes from entering the control device, the owner or operator shall meet the following requirements:
 (i) For each bypass device except as provided for in paragraph (b)(3)(ii) of this section, the owner or operator shall either: (A) Install, calibrate, maintain, and operate a flow indicator at the inlet to the bypass device that indicates at least once every 15 minutes whether gas, vapor, or fume flow is present in the bypass device; or
 (B) Secure a valve installed at the inlet to the bypass device in the closed position using a car-seal or a lock-and-key type configuration. The owner or operator shall visually inspect the seal or closure mechanism at least once every month to verify that the valve is maintained in the closed position.
 (ii) Low leg drains, high point bleeds, analyzer vents, open-ended valves or lines, and safety devices are not subject to the requirements of paragraph (b)(3)(i) of this section. (c) The control device shall meet the following requirements: (1) The control device shall be one of the following devices: (i) A control device designed and operated to reduce the total organic content of the inlet vapor stream vented to the control device by at least 95 percent by weight;
 (ii) An enclosed combustion device designed and operated in accordance with the requirements of Sec. 264.1033(c) of this part; or (iii) A flare designed and operated in accordance with the requirements of Sec. 264.1033(d) of this part. (2) The control device shall be operating at all times when gases, vapors, or fumes are vented from the waste management unit through the closed-vent system to the control device. (3) The owner or operator using a carbon adsorption system to comply with paragraph (c)(1) of this section shall operate and maintain the control device in accordance with the following requirements: (i) Following the initial startup of the control device, all activated carbon in the control device shall be replaced with fresh carbon on a regular basis in accordance with the requirements of Sec. 264.1033(g) or Sec. 264.1033(h) of this part. (ii) All carbon removed from the control device shall be managed in accordance with the requirements of Sec. 264.1033(m) of this part. (4) An owner or operator using a control device other than a thermal vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system to comply with paragraph (c)(1) of this section shall operate and maintain the control device in accordance with the requirements of Sec. 264.1033(j) of this part. (5) The owner or operator shall demonstrate that a control device achieves the performance requirements of paragraph (c)(1) of this section as follows:
 (i) An owner or operator shall demonstrate using either a performance test as specified in paragraph (c)(5)(iii) of this section or a design analysis as specified in paragraph (c)(5)(iv) of this section the performance of each control device except for the following:
 (A) A flare;
 (B) A boiler or process heater with a design heat input capacity of 44 megawatts or greater;
 (C) A boiler or process heater into which the vent stream is introduced with the primary fuel;
 (D) A boiler or process heater burning hazardous waste for which the owner or operator has been issued a final permit under 40 CFR part 270 and designs and operates the unit in accordance with the requirements of 40 CFR part 266, subpart H; or (E) A boiler or process heater burning hazardous waste for which the owner or operator has certified compliance with the interim status requirements of 40 CFR part 266, subpart H. (ii) An owner or operator shall demonstrate the performance of each flare in accordance with the requirements specified in Sec. 264.1033(e).
 (iii) For a performance test conducted to meet the requirements of paragraph (c)(5)(i) of this section, the owner or operator shall use the test methods and procedures specified in Sec. 264.1034(c)(1) through (c)(4).
 (iv) For a design analysis conducted to meet the requirements of paragraph (c)(5)(i) of this section, the design analysis shall meet the requirements specified in Sec. 264.1035(b)(4)(iii). (v) The owner or operator shall demonstrate that a carbon adsorption system achieves the performance requirements of paragraph (c)(1) of this section based on the total quantity of organics vented to the atmosphere from all carbon adsorption system equipment that is used for organic adsorption, organic desorption or carbon regeneration, organic recovery, and carbon disposal.
 (6) If the owner or operator and the Regional Administrator do not agree on a demonstration of control device performance using a design analysis then the disagreement shall be resolved using the results of a performance test performed by the owner or operator in accordance with the requirements of paragraph (c)(5)(iii) of this section. The Regional Administrator may choose to have an authorized representative observe the performance test.
 Sec. 264.1088 Inspection and monitoring requirements.
 (a) This section applies to an owner or operator using air emission controls in accordance with the requirements of Sec. 264.1084 through Sec. 264.1087 of this subpart.
 (b) Each cover used in accordance with requirements of Sec. 264.1084 through Sec. 264.1086 of this subpart shall be visually inspected and monitored for detectable organic emissions by the owner or operator using the procedure specified in 40 CFR 265.1089(f)(1) through (f)(7) except as follows:
 (1) An owner or operator is exempted from performing the cover inspection and monitoring requirements specified in 40 CFR 265.1089(f)(1) through (f)(7) for the following tank covers: (i) A tank internal floating roof that is inspected and monitored in accordance with the requirements of Sec. 264.1091 of this subpart; or
 (ii) A tank external floating roof that is inspected and monitored in accordance with the requirements of Sec. 264.1091 of this subpart. (2) If a tank is buried partially or entirely underground, an owner or operator is required to perform the cover inspection and monitoring requirements specified in 40 CFR 265.1089(f)(1) through (f)(7) only for those portions of the tank cover and those connections to the tank cover or tank body (e.g. fill ports, access hatches, gauge wells, etc.) that extend to or above the ground surface and can be opened to the atmosphere.
 (3) An owner or operator is exempted from performing the cover inspection and monitoring requirements specified in 40 CFR 265.1089(f)(1) through (f)(7) for a container that meets all requirements specified in either Sec. 264.1086(b)(1)(ii) or Sec. 264.1086(b)(1)(iii) of this subpart. (4) An owner or operator is exempted from performing the cover inspection and monitoring requirements specified in 40 CFR 265.1089(f)(1) through (f)(7) for an enclosure used to control air emissions from containers in accordance with the requirements of Sec. 264.1086(b)(2) of this subpart.
 (c) Each closed-vent system used in accordance with the requirements of Sec. 264.1087 shall be inspected and monitored by the owner or operator in accordance with the procedure specified in Sec. 264.1033(k).
 (d) Each control device used in accordance with the requirements of Sec. 264.1087 of this subpart shall be inspected and monitored by the owner or operator in accordance with the procedures specified in Sec. 264.1033(f) and Sec. 264.1033(i).
 (e) The owner or operator shall develop and implement a written plan and schedule to perform all inspection and monitoring requirements of this section. The owner or operator shall incorporate this plan and schedule into the facility inspection plan required under Sec. 264.15.
 Sec. 264.1089 Recordkeeping requirements.
 (a) Each owner or operator of a facility subject to requirements in this subpart shall record and maintain the following information as applicable:
 (1) Documentation for each cover installed on a tank in accordance with the requirements of Sec. 264.1084(b)(2) or Sec. 264.1084(b)(3) of this subpart that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the applicable design specifications as listed in 40 CFR 265.1091(c).
 (2) Documentation for each floating membrane cover installed on a surface impoundment in accordance with the requirements of Sec. 264.1085(c) of this subpart that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the specifications listed in 40 CFR 265.1086(e). (3) Documentation for each enclosure used to control air emissions from containers in accordance with the requirements of Sec. 264.1086(b)(2)(i) of this subpart that includes information prepared by the owner or operator or provided by the manufacturer or vendor describing the enclosure design, and certification by the owner or operator that the enclosure meets the specifications listed in Sec. 264.1086(b)(2)(ii) of this subpart. (4) Documentation for each closed-vent system and control device installed in accordance with the requirements of Sec. 264.1087 of this subpart that includes:
 (i) Certification that is signed and dated by the owner or operator stating that the control device is designed to operate at the performance level documented by a design analysis as specified in paragraph (a)(4)(ii) of this section or by performance tests as specified in paragraph (a)(4)(iii) of this section when the tank, surface impoundment, or container is or would be operating at capacity or the highest level reasonably expected to occur. (ii) If a design analysis is used, then design documentation as specified in Sec. 264.1035(b)(4). The documentation shall include information prepared by the owner or operator or provided by the control device manufacturer or vendor that describes the control device design in accordance with Sec. 264.1035(b)(4)(iii) and certification by the owner or operator that the control equipment meets the applicable specifications.
 (iii) If performance tests are used, then a performance test plan as specified in Sec. 264.1035(b)(3) and all test results. (iv) Information as required by Sec. 264.1035(c)(1) and (c)(2). (5) Records for all Method 27 tests performed by the owner or operator for each container used to meet the requirements of Sec. 264.1086(b)(1)(iii) of this subpart. (6) Records for all visual inspections conducted in accordance with the requirements of Sec. 264.1088 of this subpart. (7) Records for all monitoring for detectable organic emissions conducted in accordance with the requirements of Sec. 264.1088 of this subpart.
 (8) Records of the date of each attempt to repair a leak, repair methods applied, and the date of successful repair. (9) Records for all continuous monitoring conducted in accordance with the requirements of Sec. 264.1088 of this subpart. (10) Records of the management of carbon removed from a carbon adsorption system conducted in accordance with Sec. 264.1087(c)(3)(ii) of this subpart.
 (11) Records for all inspections of each cover installed on a tank in accordance with the requirements of Sec. 264.1084(b)(2) or Sec. 264.1084(b)(3) of this subpart that includes information as listed in 40 CFR 265.1091(c).
 (b) An owner or operator electing to use air emission controls for a tank in accordance with the conditions specified in Sec. 264.1084(c) of this subpart shall record the following information: (1) Date and time each waste sample is collected for direct measurement of maximum organic vapor pressure in accordance with Sec. 264.1083(c) of this subpart.
 (2) Results of each determination of the maximum organic vapor pressure of the waste in a tank performed in accordance with Sec. 264.1083(c) of this subpart.
 (3) Records specifying the tank dimensions and design capacity. (c) An owner or operator electing to use air emission controls for a tank in accordance with the requirements of Sec. 264.1091 of this subpart shall record the information required by Sec. 264.1091(c) of this subpart.
 (d) An owner or operator electing not to use air emission controls for a particular tank, surface impoundment, or container subject to this subpart in accordance with the conditions specified in Sec. 264.1082(c) of this subpart shall record the information used by the owner or operator for each waste determination (e.g., test results, measurements, calculations, and other documentation) in the facility operating log. If analysis results for waste samples are used for the waste determination, then the owner or operator shall record the date, time, and location that each waste sample is collected in accordance with applicable requirements of Sec. 264.1083 of this subpart. (e) An owner or operator electing to comply with requirements in accordance with Sec. 264.1082(c)(2)(v) or Sec. 264.1082(c)(2)(vi) of this subpart shall record the identification number for the incinerator, boiler, or industrial furnace in which the hazardous waste is treated.
 (f) An owner or operator designating a cover as unsafe to inspect and monitor pursuant to 40 CFR 265.1089(f)(5) or difficult to inspect and monitor pursuant to 40 CFR 265.1089(f)(6) shall record in a log that is kept in the facility operating record the following information:
 (1) A list of identification numbers for tanks with covers that are designated as unsafe to inspect and monitor in accordance with the requirements of 40 CFR 265.1089(f)(5), an explanation for each cover stating why the cover is unsafe to inspect and monitor, and the plan and schedule for inspecting and monitoring each cover. (2) A list of identification numbers for tanks with covers that are designated as difficult to inspect and monitor in accordance with the requirements of 40 CFR 265.1089(f)(6), an explanation for each cover stating why the cover is difficult to inspect and monitor, and the plan and schedule for inspecting and monitoring each cover. (g) All records required by paragraphs (a) through (f) of this section except as required in paragraphs (a)(1) through (a)(4) of this section shall be maintained in the operating record for a minimum of 3 years. All records required by paragraphs (a)(1) through (a)(4) of this section shall be maintained in the operating record until the air emission control equipment is replaced or otherwise no longer in service.
 (h) The owner or operator of a facility that is subject to this subpart and to the control device standards in 40 CFR part 60, subpart VV or 40 CFR part 61, subpart V may elect to demonstrate compliance with the applicable sections of this subpart by documentation either pursuant to this subpart, or pursuant to the provisions of 40 CFR part 60, subpart VV or 40 CFR part 61, subpart V, to the extent that the documentation required by 40 CFR parts 60 or 61 duplicates the documentation required by this section.
 Sec. 264.1090 Reporting requirements.
 (a) Each owner or operator managing hazardous waste in a tank, surface impoundment, or container exempted from using air emission controls under the provisions of Sec. 264.1082(c) shall report to the Regional Administrator each occurrence when hazardous waste is placed in the waste management unit in noncompliance with the conditions specified in Sec. 264.1082(c)(1) or (c)(2) of this subpart, as applicable. Examples of such occurrences include placing in the waste management unit a hazardous waste having an average VO concentration equal to or greater than 100 ppmw at the point of waste origination; or placing in the waste management unit a treated hazardous waste which fails to meet the applicable conditions specified in Sec. 264.1082(c)(2)(i) through (c)(2)(v) of this subpart. The owner or operator shall submit a written report within 15 calendar days of the time that the owner or operator becomes aware of the occurrence. The written report shall contain the EPA identification number, facility name and address, a description of the noncompliance event and the cause, the dates of the noncompliance, and the actions taken to correct the noncompliance and prevent reoccurrence of the noncompliance. The report shall be signed and dated by an authorized representative of the owner or operator.
 (b) Each owner or operator using air emission controls on a tank in accordance with the requirements Sec. 264.1084(c) of this subpart shall report to the Regional Administrator each occurrence when hazardous waste is managed in the tank in noncompliance with the conditions specified in Sec. 264.1084(c)(1) through (c)(4) of this subpart. The owner or operator shall submit a written report within 15 calendar days of the time that the owner or operator becomes aware of the occurrence. The written report shall contain the EPA identification number, facility name and address, a description of the noncompliance event and the cause, the dates of the noncompliance, and the actions taken to correct the noncompliance and prevent reoccurrence of the noncompliance. The report shall be signed and dated by an authorized representative of the owner or operator. (c) Each owner or operator using a control device in accordance with the requirements of Sec. 264.1087 of this subpart shall submit a semiannual written report to the Regional Administrator excepted as provided for in paragraph (d) of this section. The report shall describe each occurrence during the previous 6-month period when a control device is operated continuously for 24 hours or longer in noncompliance with the applicable operating values defined in Sec. 264.1035(c)(4) or when a flare is operated with visible emissions as defined in Sec. 264.1033(d). The written report shall include the EPA identification number, facility name and address, and an explanation why the control device could not be returned to compliance within 24 hours, and actions taken to correct the noncompliance. The report shall be signed and dated by an authorized representative of the owner or operator.
 (d) A report to the Regional Administrator in accordance with the requirements of paragraph (c) of this section is not required for a 6- month period during which all control devices subject to this subpart are operated by the owner or operator such that during no period of 24 hours or longer did a control device operate continuously in noncompliance with the applicable operating values defined in Sec. 264.1035(c)(4) or a flare operate with visible emissions as defined in Sec. 264.1033(d).
 Sec. 264.1091 Alternative control requirements for tanks.
 (a) This section applies to owners and operators of tanks electing to comply with Sec. 264.1084(b)(2) or Sec. 264.1084(b)(3) of this subpart.
 (1) The owner or operator electing to comply with Sec. 264.1084(b)(2) of this subpart shall design, install, operate, and maintain a fixed roof and internal floating roof that meet the requirements specified in 40 CFR 265.1091(a)(1)(i) through (a)(1)(ix). (2) The owner or operator electing to comply with Sec. 264.1084(b)(3) of this subpart shall design, install, operate, and maintain an external floating roof that meets the requirements specified in 40 CFR 265.1091(a)(2)(i) through (a)(2)(iii). (b) The owner or operator shall inspect and monitor the control equipment in accordance with the following requirements: (1) For a tank equipped with a fixed roof and internal floating roof in accordance with the requirements of paragraph (a)(1) of this section, the owner or operator shall perform the inspection and monitoring requirements specified in 40 CFR 265.1091(b)(1). (2) For a tank equipped with an external floating roof in accordance with the requirements of paragraph (a)(2) of this section, the owner or operator shall perform the inspection and monitoring requirements specified in 40 CFR 265.1091(b)(2). (c) The owner or operator shall record the following information in the operating record in accordance with the requirements of Sec. 264.1089(a)(1) and (a)(11) of this subpart: (1) For a tank equipped with a fixed roof and internal floating roof in accordance with the requirements of paragraph (a)(1) of this section, the owner or operator shall record the information listed in 40 CFR 265.1091(c)(1).
 (2) For a tank equipped with an external floating roof in accordance with the requirements of paragraph (a)(1) of this section, the owner or operator shall record the information listed in 40 CFR 265.1091(c)(2).
 PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
 21. The authority citation for part 265 continues to read as follows:
 Authority: 42 U.S.C. 6905, 6912(a), 6924, 6925, and 6935.
 Subpart A--General
 22. Section 265.1(b) is amended by revising the first sentence to read as follows:
 Sec. 265.1 Purpose, scope, and applicability.
 
 * * * *
 (b) Except as provided in Sec. 265.1080(b), the standards of this part, and of 40 CFR 264.552 and 40 CFR 264.553, apply to owners and operators of facilities that treat, store or dispose of hazardous waste who have fully complied with the requirements for interim status under section 3005(e) of RCRA and Sec. 270.10 of this chapter until either a permit is issued under section 3005 of RCRA or until applicable part 265 closure and post-closure responsibilities are fulfilled, and to those owners and operators of facilities in existence on November 19, 1980 who have failed to provide timely notification as required by section 3010(a) of RCRA and/or failed to file Part A of the permit application as required by 40 CFR 270.10 (e) and (g). * * *
 * * * *
 Subpart B--General Facility Standards
 Sec. 265.13 [Amended]
 23. In Sec. 265.13, paragraph (b)(6) is amended by adding ``265.1084,'' after the phrase ``as specified in Secs. 265.200, 265.225, 265.252, 265.273, 265.314, 265.341, 265.375, 265.402, 265.1034(d), 265.1063(d),''.
 24. In Sec. 265.13, paragraph (b)(8) is added to read as follows:
 Sec. 265.13 General waste analysis.
 
 * * * *
 (b) * * *
 (8) For owners and operators seeking an exemption to the air emission standards of Subpart CC of this part in accordance with Sec. 265.1083--
 (i) The procedures and schedules for waste sampling and analysis, and the analysis of test data to verify the exemption. (ii) Each generator's notice and certification of the volatile organic concentration in the waste if the waste is received from offsite.
 
 * * * *
 Sec. 265.15 [Amended]
 25. In Sec. 265.15, paragraph (b)(4) is amended by removing the word ``and'' after the phrase ``frequencies called for in Secs. 265.174, 265.193, 265.195, 265.226, 265.260, 265.278, 265.304, 265.347, 265.377, 265.403, 265.1033, 265.1052, 265.1053,'' and adding ``265.1089, and 265.1091(b),'' after ``265.1058,''.
 Subpart E--Manifest System, Recordkeeping, and Reporting
 26. Section 265.73 is amended by revising paragraphs (b)(3) and (b)(6) to read as follows:
 Sec. 265.73 Operating record.
 
 * * * *
 (b) * * *
 (3) Records and results of waste analysis, waste determinations, and trial tests performed as specified in Secs. 265.13, 265.200, 265.225, 265.252, 265.273, 265.314, 265.341, 265.375, 265.402, 265.1034, 265.1063, 265.1084, 268.4(a), and 268.7 of this chapter.
 * * * *
 (6) Monitoring, testing or analytical data when required by Secs. 265.19, 265.90, 265.94, 265.191, 265.193, 265.195, 265.222, 265.223, 265.226, 265.255, 265.259, 265.260, 265.276, 265.278, 265.280(d)(1), 265.302 through 265.304, 265.347, 265.377, 265.1034(c) through 265.1034(f), 265.1035, 265.1063(d) through 265.1063(i), 265.1064, 265.1089, 265.1090, and 265.1091.
 * * * *
 
 Section 265.77 is amended by revising paragraph (d) to read as follows:
 Sec. 265.77 Additional reports.
 
 * * * *
 (d) As otherwise required by Subparts AA, BB, and CC of this part.
 Subpart I--Use and Management of Containers
 28. Section 265.178 is added to read as follows:
 Sec. 265.178 Air emission standards.
 The owner or operator shall manage all hazardous waste placed in a container in accordance with the requirements of subpart CC of this part.
 Subpart J--Tank Systems
 29. Section 265.202 is added to read as follows:
 Sec. 265.202 Air emission standards.
 The owner or operator shall manage all hazardous waste placed in a tank in accordance with the requirements of subparts AA, BB, and CC of this part.
 Subpart K--Surface Impoundments
 30. Section 265.231 is added to read as follows:
 Sec. 265.231 Air emission standards.
 The owner or operator shall manage all hazardous waste placed in a surface impoundment in accordance with the requirements of subpart CC of this part.
 Subpart AA--Air Emission Standards for Process Vents
 31. Section 265.1033 is amended by revising paragraph (j)(2) and adding paragraph (l) to read as follows:
 Sec. 265.1033 Standards: Closed-vent systems and control devices.
 
 * * * *
 (j) * * *
 (2) Closed-vent systems shall be monitored to determine compliance with this section during the initial leak detection monitoring, which shall be conducted by the date that the facility becomes subject to the provisions of this section, annually, and at other times as requested by the Regional Administrator. For the annual leak detection monitoring after the initial leak detection monitoring, the owner or operator is not required to monitor those closed-vent system components which continuously operate in vacuum service or those closed-vent system joints, seams, or other connections that are permanently or semipermanently sealed (e.g., a welded joint between two sections of metal pipe or a bolted and gasketed pipe flange).
 * * * *
 (l) The owner or operator using a carbon adsorption system shall document that all carbon removed from the control device is managed in one of the following manners:
 (1) Regenerated or reactivated in a thermal treatment unit that is permitted under subpart X of 40 CFR part 264 or subpart P of this part; (2) Incinerated by a process that is permitted under subpart O of 40 CFR part 264 or subpart O of this part; or (3) Burned in a boiler or industrial furnace that is permitted under subpart H of part 266 of this chapter.
 In 40 CFR part 265, subpart CC is added to read as follows: Subpart CC--Air Emission Standards for Tanks, Surface Impoundments, and Containers
 Sec.
 265.1080 Applicability.
 265.1081 Definitions.
 265.1082 Schedule for implementation of air emission standards. 265.1083 Standards: General.
 265.1084 Waste determination procedures. 265.1085 Standards: Tanks.
 265.1086 Standards: Surface impoundments. 265.1087 Standards: Containers.
 265.1088 Standards: Closed-vent systems and control devices. 265.1089 Inspection and monitoring requirements. 265.1090 Recordkeeping requirements.
 265.1091 Alternative tank emission control requirements.
 Subpart CC--Air Emission Standards for Tanks, Surface Impoundments, and Containers
 Sec. 265.1080 Applicability.
 (a) The requirements of this subpart apply to owners and operators of all facilities that treat, store, or dispose of hazardous waste in tanks, surface impoundments, or containers subject to either subparts I, J, or K of this part except as Sec. 265.1 and paragraph (b) of this section provide otherwise.
 (b) The requirements of this subpart do not apply to the following waste management units at the facility: (1) A waste management unit that holds hazardous waste placed in the unit before June 5, 1995, and in which no hazardous waste is added to the unit on or after June 5, 1995.
 (2) A container that has a design capacity less than or equal to 0.1 m\3\.
 (3) A tank in which an owner or operator has stopped adding hazardous waste and the owner or operator has begun implementing or completed closure pursuant to an approved closure plan. (4) A surface impoundment in which an owner or operator has stopped adding hazardous waste (except to implement an approved closure plan) and the owner or operator has begun implementing or completed closure pursuant to an approved closure plan.
 (5) A waste management unit that is used solely for on-site treatment or storage of hazardous waste that is generated as the result of implementing remedial activities required under the RCRA corrective action authorities of 3004(u), 3004(v) or 3008(h), CERCLA authorities, or similar Federal or State authorities. (6) A waste management unit that is used solely for the management of radioactive mixed waste in accordance with all applicable regulations under the authority of the Atomic Energy Act and the Nuclear Waste Policy Act.
 (c) For the owner and operator of a facility subject to this subpart who has received a final permit under RCRA section 3005 prior to June 5, 1995, the following requirements apply: (1) The requirements of 40 CFR part 264, subpart CC shall be incorporated into the permit when the permit is reissued in accordance with the requirements of 40 CFR 124.15 or reviewed in accordance with the requirements of 40 CFR 270.50(d).
 (2) Until the date when the permit is reissued in accordance with the requirements of 40 CFR 124.15 or reviewed in accordance with the requirements of 40 CFR 270.50(d), the owner and operator is subject to the requirements of this subpart.
 Sec. 265.1081 Definitions.
 As used in this subpart, all terms not defined herein shall have the meaning given to them in the Act and parts 260 through 266 of this chapter.
 Average volatile organic concentration or average VO concentration means the mass-weighted average volatile organic concentration of a hazardous waste as determined in accordance with the requirements of Sec. 265.1084 of this subpart.
 Cover means a device or system which is placed on or over a hazardous waste such that the entire hazardous waste surface area is enclosed and sealed to reduce air emissions to the atmosphere. A cover may have openings such as access hatches, sampling ports, and gauge wells that are necessary for operation, inspection, maintenance, or repair of the unit on which the cover is installed provided that each opening is closed and sealed when not in use. Examples of covers include a fixed roof installed on a tank, a floating membrane cover installed on a surface impoundment, a lid installed on a drum, and an enclosure in which an open container is placed during waste treatment. External floating roof means a pontoon or double-deck type floating roof that rests on the surface of a hazardous waste being managed in a tank that has no fixed roof.
 Fixed roof means a rigid cover that is installed in a stationary position so that it does not move with fluctuations in the level of the hazardous waste placed in a tank.
 Floating membrane cover means a cover consisting of a synthetic flexible membrane material that rests upon and is supported by the hazardous waste being managed in a surface impoundment. Floating roof means a pontoon-type or double-deck type cover that rests upon and is supported by the hazardous waste being managed in a tank, and is equipped with a closure seal or seals to close the space between the cover edge and the tank wall. Internal floating roof means a floating roof that rests or floats on the surface (but not necessarily in complete contact with it) of a hazardous waste being managed in a tank that has a fixed roof. Liquid-mounted seal means a foam or liquid-filled primary seal mounted in contact with the hazardous waste between the tank wall and the floating roof continuously around the circumference of the tank. Maximum organic vapor pressure means the equilibrium partial pressure exerted by the hazardous waste contained in a tank determined at the temperature equal to either: (1) the local maximum monthly average temperature as reported by the National Weather Service when the hazardous waste is stored or treated at ambient temperature; or (2) the highest calendar-month average temperature of the hazardous waste when the hazardous waste is stored at temperatures above the ambient temperature or when the hazardous waste is stored or treated at temperatures below the ambient temperature. No detectable organic emissions means no escape of organics from a device or system to the atmosphere as determined by an instrument reading less than 500 parts per million by volume (ppmv) above the background level at each joint, fitting, and seal when measured in accordance with the requirements of Method 21 in 40 CFR part 60, appendix A, and by no visible openings or defects in the device or system such as rips, tears, or gaps.
 Point of waste origination means as follows: (1) When the facility owner or operator is the generator of the hazardous waste, the point of waste origination means the point where a solid waste produced by a system, process, or waste management unit is determined to be a hazardous waste as defined in 40 CFR part 261.
 [Note: In this case, this term is being used in a manner similar to the use of the term ``point of generation'' in air standards established for waste management operations under authority of the Clean Air Act in 40 CFR parts 60, 61, and 63].
 (2) When the facility owner and operator are not the generator of the hazardous waste, point of waste origination means the point where the owner or operator accepts delivery or takes possession of the hazardous waste.
 Point of waste treatment means the point where a hazardous waste exits a waste management unit used to destroy, degrade, or remove organics in the hazardous waste.
 Vapor-mounted seal means a foam-filled primary seal mounted continuously around the circumference of the tank so that there is an annular vapor space underneath the seal. The annular vapor space is bounded by the bottom of the primary seal, the tank wall, the hazardous waste surface, and the floating roof.
 Volatile organic concentration or VO concentration means the fraction by weight of organic compounds in a hazardous waste expressed in terms of parts per million (ppmw) as determined by direct measurement using Method 25D or by knowledge of the waste in accordance with the requirements of Sec. 265.1084 of this subpart. Waste determination means performing all applicable procedures in accordance with the requirements of Sec. 265.1084 of this subpart to determine whether a hazardous waste meets standards specified in this subpart. Examples of a waste determination include performing the procedures in accordance with the requirements of Sec. 265.1084 of this subpart to determine the average VO concentration of a hazardous waste at the point of waste origination; the average VO concentration of a hazardous waste at the point of waste treatment and comparing the results to the exit concentration limit specified for the process used to treat the hazardous waste; determining the organic reduction efficiency and the organic biodegradation efficiency for a biological process used to treat a hazardous waste and comparing the results to the applicable standards; or the maximum volatile organic vapor pressure for a hazardous waste in a tank and comparing the results to the applicable standards.
 Waste stabilization process means any physical or chemical process used to either reduce the mobility of hazardous constituents in a hazardous waste or eliminate free liquids as determined by Test Method 9095 (Paint Filter Liquids Test) in ``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition, September 1986, as amended by Update I, November 15, 1992 (incorporated by reference--refer to Sec. 260.11 of this chapter). A waste stabilization process includes mixing the hazardous waste with binders or other materials, and curing the resulting hazardous waste and binder mixture. Other synonymous terms used to refer to this process are ``waste fixation'' or ``waste solidification.''
 Sec. 265.1082 Schedule for implementation of air emission standards.
 (a) Owners or operators of facilities existing on June 5, 1995, and subject to subparts I, J, and K of this part shall meet the following requirements:
 (1) Install and begin operation of all control equipment required by this subpart by June 5, 1995, except as provided for in paragraph (a)(2) of this section.
 (2) When control equipment required by this subpart cannot be installed and in operation by June 5, 1995, the owner or operator shall:
 (i) Install and begin operation of the control equipment as soon as possible but no later than December 8, 1997. (ii) Prepare an implementation schedule that includes the following information: specific calendar dates for award of contracts or issuance of purchase orders for the control equipment, initiation of on-site installation of the control equipment, completion of the control equipment installation, and performance of any testing to demonstrate that the installed equipment meets the applicable standards of this subpart.
 (iii) For facilities subject to the recordkeeping requirements of Sec. 265.73 of this part, the owner or operator shall enter the implementation schedule specified in paragraph (a)(2)(ii) of this section in the operating record no later than June 5, 1995. (iv) For facilities not subject to Sec. 265.73 of this part, the owner or operator shall enter the implementation schedule specified in paragraph (a)(2)(ii) of this section in a permanent, readily available file located at the facility no later than June 5, 1995. (b) Owners or operators of facilities in existence on the effective date of statutory or regulatory amendments under the Act that render the facility subject to subparts I, J, or K of this part shall meet the following requirements:
 (1) Install and begin operation of all control equipment required by this subpart by the effective date of the amendment except as provided for in paragraph (b)(2) of this section. (2) When control equipment required by this subpart cannot be installed and begin operation by the effective date of the amendment, the owner or operator shall:
 (i) Install and operate the control equipment as soon as possible but no later than 30 months after the effective date of the amendment. (ii) For facilities subject to the recordkeeping requirements of Sec. 265.73, enter and maintain the implementation schedule specified in paragraph (a)(2)(ii) of this section in the operating record no later than the effective date of the amendment, or (iii) For facilities not subject to Sec. 265.73, the owner or operator shall enter and maintain the implementation schedule specified in paragraph (a)(2)(ii) of this section in a permanent, readily available file located at the facility site no later than the effective date of the amendment.
 (c) The Regional Administrator may elect to extend the implementation date for control equipment at a facility, on a case by case basis, to a date later than December 8, 1997, when special circumstances that are beyond the facility owner's or operator's control delay installation or operation of control equipment and the owner or operator has made all reasonable and prudent attempts to comply with the requirements of this subpart.
 Sec. 265.1083 Standards: General.
 (a) This section applies to the management of hazardous waste in tanks, surface impoundments, and containers subject to this subpart. (b) The owner or operator shall control air emissions from each waste management unit in accordance with standards specified in Sec. 265.1085 through Sec. 265.1088 of this subpart, as applicable to the waste management unit, except as provided for in paragraph (c) of this section.
 (c) A waste management unit is exempted from standards specified in Sec. 265.1085 through Sec. 265.1088 of this subpart provided that all hazardous waste placed in the waste management unit is determined by the owner or operator to meet either of the following conditions: (1) The average VO concentration of the hazardous waste at the point of waste origination is less than 100 parts per million by weight (ppmw). The average VO concentration shall be determined by the procedures specified in Sec. 265.1084(a) of this subpart. (2) The organic content of the hazardous waste has been reduced by an organic destruction or removal process that achieves any one of the following conditions:
 (i) A process that removes or destroys the organics contained in the hazardous waste to a level such that the average VO concentration of the hazardous waste at the point of waste treatment is less than the exit concentration limit (C<INF>t) established for the process. The average VO concentration of the hazardous waste at the point of waste treatment and the exit concentration limit for the process shall be determined using the procedures specified in Sec. 265.1084(b) of this subpart.
 (ii) A process that removes or destroys the organics contained in the hazardous waste to a level such that the organic reduction efficiency (R) for the process is equal to or greater than 95 percent, and the average VO concentration of the hazardous waste at the point of waste treatment is less than 50 ppmw. The organic reduction efficiency for the process and the average VO concentration of the hazardous waste at the point of waste treatment shall be determined using the procedures specified in Sec. 265.1084(b) of this subpart. (iii) A process that removes or destroys the organics contained in the hazardous waste to a level such that the actual organic mass removal rate (MR) for the process is greater than the required organic mass removal rate (RMR) established for the process. The required organic mass removal rate and the actual organic mass removal rate for the process shall be determined using the procedures specified in Sec. 265.1084(b) of this subpart.
 (iv) A biological process that destroys or degrades the organics contained in the hazardous waste, such that either of the following conditions is met:
 (A) The organic reduction efficiency (R) for the process is equal to or greater than 95 percent, and the organic biodegradation efficiency (R<INF>bio) for the process is equal to or greater than 95 percent. The organic reduction efficiency and the organic biodegradation efficiency for the process shall be determined in accordance with the procedures specified in Sec. 265.1084(b) of this subpart.
 (B) The total actual organic mass biodegradation rate (MR<INF>bio) for all hazardous waste treated by the process is equal to or greater than the required organic mass removal rate (RMR). The required organic mass removal rate and the actual organic mass biodegradation rate for the process shall be determined using the procedures specified in Sec. 265.1084(b) of this subpart.
 (v) A process that removes or destroys the organics contained in the hazardous waste and meets all of the following conditions: (A) All of the materials entering the process are hazardous wastes. (B) From the point of waste origination through the point where the hazardous waste enters the process, the hazardous waste is continuously managed in waste management units which use air emission controls in accordance with the standards specified in Sec. 265.1085 through Sec. 265.1088 of this subpart, as applicable to the waste management unit.
 (C) The average VO concentration of the hazardous waste at the point of waste treatment is less than the lowest average VO concentration at the point of waste origination determined for each of the individual hazardous waste streams entering the process or 100 ppmw, whichever value is lower. The average VO concentration of each individual hazardous waste stream at the point of waste origination shall be determined using the procedure specified in Sec. 265.1084(a) of this subpart. The average VO concentration of the hazardous waste at the point of waste treatment shall be determined using the procedure specified in Sec. 265.1084(b) of this subpart. (vi) A hazardous waste incinerator for which the owner or operator has either:
 (A) Been issued a final permit under 40 CFR part 270, and designs and operates the unit in accordance with the requirements of 40 CFR part 264, subpart O; or
 (B) Has certified compliance with the interim status requirements of subpart O of this part.
 (vii) A boiler or industrial furnace for which the owner or operator has either:
 (A) Been issued a final permit under 40 CFR part 270, and designs and operates the unit in accordance with the requirements of 40 CFR part 266, subpart H, or
 (B) Has certified compliance with the interim status requirements of 40 CFR part 266, subpart H.
 (d) When a process is used for the purpose of treating a hazardous waste to meet one of the sets of conditions specified in paragraphs (c)(2)(i) through (c)(2)(v) of this section, each material removed from or exiting the process that is not a hazardous waste but has an average VO concentration equal to or greater than 100 ppmw shall be managed in a waste management unit in accordance with the requirements of paragraph (b) of this section.
 (e) The Regional Administrator may at any time perform or request that the owner or operator perform a waste determination for a hazardous waste managed in a tank, surface impoundment, or container exempted from using air emission controls under the provisions of this section as follows:
 (1) The waste determination for average VO concentration of a hazardous waste at the point of waste origination shall be performed using direct measurement in accordance with the applicable requirements of Sec. 265.1084(a) of this subpart. The waste determination for a hazardous waste at the point of waste treatment shall be performed in accordance with the applicable requirements of Sec. 265.1084(b) of this subpart.
 (2) In a case when the owner or operator is requested to perform the waste determination, the Regional Administrator may elect to have an authorized representative observe the collection of the hazardous waste samples used for the analysis.
 (3) In a case when the results of the waste determination performed or requested by the Regional Administrator do not agree with the results of a waste determination performed by the owner or operator using knowledge of the waste, then the results of the waste determination performed in accordance with the requirements of paragraph (e)(1) of this section shall be used to establish compliance with the requirements of this subpart.
 (4) In a case when the owner or operator has used an averaging period greater than 1 hour for determining the average VO concentration of a hazardous waste at the point of waste origination, the Regional Administrator may elect to establish compliance with this subpart by performing or requesting that the owner or operator perform a waste determination using direct measurement based on waste samples collected within a 1-hour period as follows:
 (i) The average VO concentration of the hazardous waste at the point of waste origination shall be determined by direct measurement in accordance with the requirements of Sec. 265.1084(a) of this subpart. (ii) Results of the waste determination performed or requested by the Regional Administrator showing that the average VO concentration of the hazardous waste at the point of waste origination is equal to or greater than 100 ppmw shall constitute noncompliance with this subpart except in a case as provided for in paragraph (e)(4)(iii) of this section.
 (iii) For the case when the average VO concentration of the hazardous waste at the point of waste origination previously has been determined by the owner or operator using an averaging period greater than 1 hour to be less than 100 ppmw but because of normal operating process variations the VO concentration of the hazardous waste determined by direct measurement for any given 1-hour period may be equal to or greater than 100 ppmw, information that was used by the owner or operator to determine the average VO concentration of the hazardous waste (e.g., test results, measurements, calculations, and other documentation) and recorded in the facility records in accordance with the requirements of Sec. 265.1084(a) and Sec. 265.1090 of this subpart shall be considered by the Regional Administrator together with the results of the waste determination performed or requested by the Regional Administrator in establishing compliance with this subpart.
 Sec. 265.1084 Waste determination procedures.
 (a) Waste determination procedure for volatile organic (VO) concentration of a hazardous waste at the point of waste origination. (1) An owner or operator shall determine the average VO concentration at the point of waste origination for each hazardous waste placed in a waste management unit exempted under the provisions of Sec. 265.1083(c)(1) of this subpart from using air emission controls in accordance with standards specified in Sec. 265.1085 through Sec. 265.1088 of this subpart, as applicable to the waste management unit.
 (2) When the facility owner or operator is the generator of the hazardous waste, the owner or operator shall determine the average VO concentration of the hazardous waste using either direct measurement as specified in paragraph (a)(5) of this section or knowledge of the waste as specified in paragraph (a)(6) of this section for each hazardous waste generated as follows:
 (i) When the hazardous waste is generated as part of a continuous process, the owner or operator shall:
 (A) Perform an initial waste determination of the average VO concentration of the waste stream before the first time any portion of the material in the waste stream is placed in a waste management unit subject to this subpart, and thereafter update the information used for the waste determination at least once every 12 months following the date of the initial waste determination; and (B) Perform a new waste determination whenever changes to the source generating the waste stream are reasonably likely to cause the average VO concentration of the hazardous waste to increase to a level that is equal to or greater than the applicable VO concentration limits specified in Sec. 265.1083 of this subpart. (ii) When the hazardous waste is generated as part of a batch process that is performed repeatedly but not necessarily continuously, the owner or operator shall:
 (A) Perform an initial waste determination of the average VO concentration for one or more representative waste batches generated by the process before the first time any portion of the material in the batches is placed in a waste management unit subject to this subpart, and thereafter update the information used for the waste determination at least once every 12 months following the date of the initial waste determination; and
 (B) Perform a new waste determination whenever changes to the process generating the waste batches are reasonably likely to cause the average VO concentration of the hazardous waste to increase to a level that is equal to or greater than the applicable VO concentration limits specified in Sec. 265.1083 of this subpart. (3) When the facility owner and operator is not the generator of the hazardous waste, the owner or operator shall determine the average VO concentration of the hazardous waste using either direct measurement as specified in paragraph (a)(5) of this section or knowledge of the waste as specified in paragraph (a)(6) of this section for each hazardous waste entering the facility as follows: (i) When the hazardous waste enters the facility as a continuous flow of material through a pipeline or other means (e.g., wastewater stream), the owner or operator shall:
 (A) Perform an initial waste determination of the waste stream before the first time any portion of the material in the waste stream is placed in a waste management unit subject to this subpart, and thereafter update the information used for the waste determination at least once every 12 months following the date of the initial waste determination; and
 (B) Perform a new waste determination whenever changes to the source generating the waste stream are reasonably likely to cause the average VO concentration of the hazardous waste to increase to a level that is equal to or greater than the applicable VO concentration limits specified in Sec. 265.1083 of this subpart. (ii) When the hazardous waste enters the facility in a container, the owner or operator shall perform a waste determination for the material held in each container.
 (4) For the case when the average VO concentration of the hazardous waste is determined by the owner or operator to be less than 100 ppmw, but because of normal operating variations in the source or process generating the hazardous waste the VO concentration of the hazardous waste may be equal to or greater than 100 ppmw at any given time during the averaging period, the owner or operator shall prepare and enter in the facility operating record information that specifies the following: (i) The maximum and minimum VO concentration values for the hazardous waste that occur during that averaging period used for the waste determination;
 (ii) The operating conditions or circumstances under which the VO concentration of the hazardous waste will be equal to or greater than 100 ppmw, and;
 (iii) The information and calculations used by the owner or operator to determine the average VO concentration of the hazardous waste.
 (5) Procedure for using direct measurement to determine average VO concentration of a hazardous waste at the point of waste origination. (i) The owner or operator shall identify and record the point of waste origination for the hazardous waste. All waste samples used to determine the average VO concentration of the hazardous waste shall be collected at this point.
 (ii) The owner or operator shall designate and record the averaging period to be used for determining the average VO concentration for the hazardous waste. The averaging period shall not exceed 1 year. An initial waste determination shall be performed for each averaging period.
 (iii) The owner or operator shall identify each discrete quantity of the material composing the hazardous waste represented by the averaging period designated in paragraph (a)(5)(ii) of this section. An example of a discrete quantity of material composing a hazardous waste generated as part of a continuous process is the quantity of material generated during a process operating mode defined by a specific set of operating conditions which are normal for the process. An example of a discrete quantity of material composing a hazardous waste generated as part of a batch process that is performed repeatedly but not necessarily continuously is the total quantity of material composing a single batch generated by the process. An example of a discrete quantity of material composing a hazardous waste delivered to a facility in a container is the total quantity of material held in the container.
 (iv) The following procedure shall be used measure the VO concentration for each discrete quantity of material identified in paragraph (a)(5)(iii) of this section:
 (A) A sufficient number of samples, but no less than four samples, shall be collected to represent the organic composition for the entire discrete quantity of hazardous waste being tested. All of the samples shall be collected within a 1-hour period. Sufficient information shall be prepared and recorded to document the waste quantity represented by the samples and, as applicable, the operating conditions for the source or process generating the hazardous waste represented by the samples. (B) Each sample shall be collected in accordance with the requirements specified in ``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition, September 1986, as amended by Update I, November 15, 1992 (incorporated by reference--refer to Sec. 260.11 of this chapter). (C) Each collected sample shall be prepared and analyzed in accordance with the requirements of Method 25D in 40 CFR part 60, appendix A.
 (D) The measured VO concentration for the discrete quantity of hazardous waste shall be determined by using the results for all samples analyzed in accordance with paragraph (a)(5)(iv)(C) of this section and the following equation:
 <GRAPHIC><TIF3>TR06DE94.003
 where:
 C=Measured VO concentration of the discrete quantity of hazardous waste, ppmw.
 i=Individual sample ``i'' of the hazardous waste collected in accordance with the requirements of SW-846. n=Total number of samples of hazardous waste collected (at least 4) within a 1-hour period.
 C<INF>i=VO concentration measured by Method 25D for sample ``i'', ppmw.
 (v) The average VO concentration of the hazardous waste shall be determined using the following procedure: (A) When the facility owner or operator is the generator of the hazardous waste, a sufficient number of VO concentration measurements for the hazardous waste shall be performed in accordance with the requirements of paragraph (a)(5)(iv) of this section to represent the complete range of hazardous waste organic compositions and quantities that occur during the entire averaging period due to normal variations in the operating conditions for each process operating mode identified for the source or process generating the hazardous waste. (B) When the facility owner or operator is not the generator of the hazardous waste, a sufficient number of VO concentration measurements for the hazardous waste shall be performed in accordance with the requirements of paragraph (a)(5)(iv) of this section to represent the complete range of hazardous waste organic compositions and quantities that occur in the hazardous waste as received at the facility during the entire averaging period.
 (C) The average VO concentration of the hazardous waste at the point of waste origination shall be calculated by using the results for all VO measurements performed in accordance with paragraph (a)(5)(iv) of this section and the following equation:
 <GRAPHIC><TIF4>TR06DE94.004
 where:
 C<INF>ave=Average VO concentration of the hazardous waste at the point of waste origination, ppmw.
 j=Individual discrete quantity ``j'' of the hazardous waste for which a VO concentration measurement is determined in accordance with the requirements of paragraph (a)(5)(iv) of this section. m=Total number of VO concentration measurements determined in accordance with the requirements of paragraph (a)(5)(iv) of this section for the averaging period.
 Q<INF>j=Mass of the discrete quantity of the hazardous waste represented by C<INF>j, kg.
 Q<INF>T=Total mass of the hazardous waste for the averaging period, kg. C<INF>j=Measured VO concentration of discrete quantity ``j'' for the hazardous waste determined in accordance with the requirements of paragraph (a)(5)(iv) of this section, ppmw.
 (6) Procedure for using knowledge of the waste to determine the average VO concentration of a hazardous waste at the point of waste origination.
 (i) The owner or operator shall identify and record the point of waste origination for the hazardous waste. All information used to determine the average VO concentration of the hazardous waste shall be based on the hazardous waste composition at this point. (ii) The owner or operator shall designate and record the averaging period to be used for determining the average VO concentration for the hazardous waste. The averaging period shall not exceed 1 year. An initial waste determination shall be performed for each averaging period.
 (iii) The owner or operator shall prepare and record sufficient information that documents the average VO concentration for the hazardous waste. Information may be used that is prepared by either the facility owner or operator or by the generator of the hazardous waste. Examples of information that may be used as the basis for knowledge of the waste include: organic material balances for the source or process generating the waste; VO concentration measurements for the same type of waste performed in accordance with the procedure specified in paragraph (a)(5)(iv) of this section; previous individual organic constituent test data for the waste that are still applicable to the current waste management practices; documentation that the waste is generated by a process for which no organics-containing materials are used; previous test data for other locations managing the same type of waste; or other knowledge based on manifests, shipping papers, or waste certification notices.
 (iv) If test data other than VO concentration measurements performed in accordance with the procedure specified in paragraph (a)(5)(iv) of this section are used as the basis for knowledge of the waste, then the owner or operator shall document the test method, sampling protocol, and the means by which sampling variability and analytical variability are accounted for in the determination of the average VO concentration. For example, an owner or operator may use individual organic constituent concentration test data that are validated in accordance with Method 301 in appendix A of 40 CFR part 63 as the basis for knowledge of the waste. (b) Waste determination procedures for treated hazardous waste. (1) An owner or operator shall perform the applicable waste determination for each treated hazardous waste placed in a waste management unit exempted under the provisions of Sec. 265.1083(c)(2) of this subpart from using air emission controls in accordance with standards specified in Sec. 265.1085 through Sec. 265.1088 of this subpart, as applicable to the waste management unit. (2) The owner or operator shall perform a waste determination for each discrete quantity of treated hazardous waste as follows: (i) When the hazardous waste is treated by a continuous process, the owner or operator shall:
 (A) Perform an initial waste determination for the treated waste stream before the first time any portion of the material in the waste stream is placed in a waste management unit subject to this subpart, and thereafter update the information used for the waste determination at least once every 12 months following the date of the initial waste determination; and
 (B) Perform a new waste determination whenever changes to the hazardous waste streams fed to the process are reasonably likely to cause the characteristics of the hazardous waste at the point of waste treatment to change to levels that fail to achieve the applicable conditions specified in Sec. 265.1083(c)(2) of this subpart. (ii) When the hazardous waste is treated by a batch process that is performed repeatedly but not necessarily continuously, the owner or operator shall:
 (A) Perform an initial waste determination for the treated hazardous waste in one or more representative batches treated by the process, and thereafter update the information used for the waste determination at least once every 12 months following the date of the initial waste determination; and
 (B) Perform a new waste determination whenever changes to the hazardous waste treated by the process are reasonably likely to cause the characteristics of the hazardous waste at the point of waste treatment to change to levels that fail to achieve the applicable conditions specified in Sec. 265.1083(c)(2) of this subpart. (3) The owner or operator shall designate and record the specific provision in Sec. 265.1083(c)(2) of this subpart for which the waste determination is being performed. The waste determination for the treated hazardous waste shall be performed using the applicable procedures specified in paragraphs (b)(4) through (b)(10) of this section.
 (4) Procedure to determine the average VO concentration of a hazardous waste at the point of waste treatment. (i) The owner or operator shall identify and record the point of waste treatment for the hazardous waste. All waste samples used to determine the average VO concentration of the hazardous waste shall be collected at this point.
 (ii) The owner or operator shall designate and record the averaging period to be used for determining the average VO concentration for the hazardous waste. The averaging period shall not exceed 1 year. An initial waste determination shall be performed for each averaging period.
 (iii) The owner or operator shall identify each discrete quantity of the material composing the hazardous waste represented by the averaging period designated in paragraph (b)(4)(ii) of this section. (iv) The following procedure shall be used measure the VO concentration for each discrete quantity of material identified in paragraph (b)(4)(iii) of this section:
 (A) A sufficient number of samples, but no less than four samples, shall be collected to represent the organic composition for the entire discrete quantity of hazardous waste being tested. All of the samples shall be collected within a 1-hour period. Sufficient information shall be prepared and recorded to document the waste quantity represented by the samples and, as applicable, the operating conditions for the process treating the hazardous waste represented by the samples. (B) Each sample shall be collected in accordance with the requirements specified in ``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition, September 1986, as amended by Update I, November 15, 1992 (incorporated by reference--refer to Sec. 260.11 of this chapter). (C) Each collected sample shall be prepared and analyzed in accordance with the requirements of Method 25D in 40 CFR part 60, appendix A.
 (D) The measured VO concentration for the discrete quantity of hazardous waste shall be determined by using the results for all samples analyzed in accordance with paragraph (b)(4)(iv)(C) of this section and the following equation:
 <GRAPHIC><TIF5>TR06DE94.005
 where:
 C = Measured VO concentration of the discrete quantity of hazardous waste, ppmw.
 i = Individual sample ``i'' of the hazardous waste collected in accordance with the requirements of SW-846. n = Total number of samples of hazardous waste collected (at least 4) within a 1-hour period.
 C<INF>i = VO concentration measured by Method 25D for sample ``i'', ppmw.
 (v) The average VO concentration of the hazardous waste at the point of waste treatment shall be determined using the following procedure:
 (A) When the facility owner or operator is the generator of the hazardous waste, a sufficient number of VO concentration measurements for the hazardous waste shall be performed in accordance with the requirements of paragraph (b)(4)(iv) of this section to represent the complete range of hazardous waste organic compositions and quantities treated by the process during the entire averaging period. (B) The average VO concentration of the hazardous waste at the point of waste treatment shall be calculated by using the results for all VO measurements performed in accordance with paragraph (b)(4)(iv) of this section and the following equation:
 <GRAPHIC><TIF6>TR06DE94.006
 where:
 C<INF>ave = Average VO concentration of the hazardous waste at the point of waste treatment, ppmw.
 j = Individual discrete quantity ``j'' of the hazardous waste for which a VO concentration measurement is determined in accordance with the requirements of paragraph (b)(4)(iv) of this section. m = Total number of VO concentration measurements determined in accordance with the requirements of paragraph (b)(4)(iv) of this section for the averaging period.
 Q<INF>j = Mass of the discrete quantity of the hazardous waste represented by C<INF>j, kg.
 Q<INF>T = Total mass of the hazardous waste for the averaging period, kg.
 C<INF>j = Measured VO concentration of discrete quantity ``j'' for the hazardous waste determined in accordance with the requirements of paragraph (b)(4)(iv) of this section, ppmw.
 (5) Procedure to determine the exit concentration limit (C<INF>t) for a treated hazardous waste.
 (i) The point of waste origination for each hazardous waste treated by the process at the same time shall be identified. (ii) If a single hazardous waste stream is identified in paragraph (b)(5)(i) of this section, then the exit concentration limit (C<INF>t) shall be 100 ppmw.
 (iii) If more than one hazardous waste stream is identified in paragraph (b)(5)(i) of this section, then the VO concentration of each hazardous waste stream at the point of waste origination shall be determined in accordance with the requirements of paragraph (a) of this section. The exit concentration limit (C<INF>t) shall be calculated by using the results determined for each individual hazardous waste stream and the following equation:
 <GRAPHIC><TIF7>TR06DE94.007
 where:
 C<INF>t = Exit concentration limit for treated hazardous waste, ppmw. x = Individual hazardous waste stream ``x'' that has a VO concentration less than 100 ppmw at the point of waste origination as determined in accordance with the requirements of Sec. 265.1084(a). y = Individual hazardous waste stream ``y'' that has a VO concentration equal to or greater than 100 ppmw at the point of waste origination as determined in accordance with the requirements of Sec. 265.1084(a). m = Total number of ``x'' hazardous waste streams treated by process. n = Total number of ``y'' hazardous waste streams treated by process. Q<INF>x = Annual mass quantity of hazardous waste stream ``x'', kg/yr. Q<INF>y = Annual mass quantity of hazardous waste stream ``y'', kg/yr. C<INF>x = Average VO concentration of hazardous waste stream ``x'' at the point of waste origination as determined in accordance with the requirements of Sec. 265.1084(a), ppmw.
 (6) Procedure to determine the organic reduction efficiency (R) for a treated hazardous waste.
 (i) The organic reduction efficiency for a treatment process shall be determined based on results for a minimum of three consecutive runs. The sampling time for each run shall be 1 hour. (ii) The point of each hazardous waste stream entering the process and each hazardous waste stream exiting the process that is to be included in the calculation of the organic reduction efficiency for the process shall be identified.
 (iii) For each run, the following information shall be determined for each hazardous waste stream identified in paragraph (b)(6)(ii) of this section using the following procedures: (A) The mass quantity of each hazardous waste stream entering the process (Q<INF>b) and the mass quantity of each hazardous waste stream exiting the process (Q<INF>a) shall be determined. (B) The VO concentration of each hazardous waste stream entering the process (C<INF>b) during the run shall be measured in accordance with the requirements of paragraphs (a)(5)(iv)(A) through (a)(5)(iv)(D) of this section. The VO concentration of each hazardous waste stream exiting the process (C<INF>a) during the run shall be determined in accordance with the requirements of paragraph (b)(4)(iv) of this section. Samples shall be collected as follows: (1) For a continuous process, the samples of the hazardous waste entering and samples of the hazardous waste exiting the process shall be collected concurrently.
 (2) For a batch process, the samples of the hazardous waste entering the process shall be collected at the time that the hazardous waste is placed in the process. The samples of the hazardous waste exiting the process shall be collected as soon as practicable after the time when the process stops operation or the final treatment cycle ends.
 (iv) The waste volatile organic mass flow entering the process (E<INF>b) and the waste volatile organic mass flow exiting the process (E<INF>a) shall be calculated by using the results determined in accordance with paragraph (b)(6)(iii) of this section and the following equations:
 <GRAPHIC><TIF8>TR06DE94.008
 where:
 E<INF>a = Waste volatile organic mass flow exiting process, kg/hr. E<INF>b = Waste volatile organic mass flow entering process, kg/hr. m = Total number of runs (at least 3)
 j = Individual run ``j''
 Q<INF>bj = Mass quantity of hazardous waste entering process during run ``j'', kg/hr.
 Q<INF>aj = Average mass quantity of waste exiting process during run ``j'', kg/hr.
 C<INF>aj = Measured VO concentration of hazardous waste exiting process during run ``j'' as determined in accordance with the requirements of Sec. 265.1084(b)(4)(iv), ppmw.
 C<INF>bj = Measured VO concentration of hazardous waste entering process during run ``j'' as determined in accordance with the requirements of Sec. 265.1084 (a)(5)(iv)(A) through (a)(5)(iv)(D), ppmw.
 (v) The organic reduction efficiency of the process shall be calculated by using the results determined in accordance with paragraph (b)(6)(iv) of this section and the following equation:
 <GRAPHIC><TIF9>TR06DE94.009
 where:
 R = Organic reduction efficiency, percent. E<INF>b = Waste volatile organic mass flow entering process as determined in accordance with the requirements of paragraph (b)(6)(iv) of this section, kg/hr.
 E<INF>a = Waste volatile organic mass flow exiting process as determined in accordance with the requirements of paragraph (b)(6)(iv) of this section, kg/hr.
 (7) Procedure to determine the organic biodegradation efficiency (R<INF>bio) for a treated hazardous waste. (i) The fraction of organics biodegraded (F<INF>bio) shall be determined using the procedure specified in 40 CFR part 63, appendix C of this chapter.
 (ii) The organic biodegradation efficiency shall be calculated by using the following equation:
 R<INF>bio = F<INF>bio x 100 where:
 R<INF>bio = Organic biodegradation efficiency, percent. F<INF>bio = Fraction of organic biodegraded as determined in accordance with the requirements of paragraph (b)(7)(i) of this section.
 (8) Procedure to determine the required organic mass removal rate (RMR) for a treated hazardous waste.
 (i) The point of waste origination for each hazardous waste treated by the process at the same time shall be identified. (ii) For each hazardous waste stream identified in paragraph (b)(8)(i) of this section, the VO concentration of the hazardous waste stream at the point of waste origination shall be determined in accordance with the requirements of paragraph (a) of this section. (iii) For each individual hazardous waste stream that has a volatile organic concentration equal to or greater than 100 ppmw at the point of waste origination as determined in accordance with the requirements of paragraph (b)(8)(ii) of this section, the average volumetric flow rate of hazardous waste at the point of waste origination and the density of the hazardous waste stream shall be determined.
 (iv) The required organic mass removal rate for the hazardous waste shall be calculated by using the results determined for each individual hazardous waste stream in accordance with the requirements of paragraphs (b)(8)(ii) and (b)(8)(iii) of this section and the following equation:
 <GRAPHIC><TIF10>TR06DE94.010
 where:
 RMR = Required organic mass removal rate, kg/hr. y = Individual hazardous waste stream ``y'' that has a volatile organic concentration equal to or greater than 100 ppmw at the point of waste origination as determined in accordance with the requirements of Sec. 265.1084(a).
 n = Total number of ``y'' hazardous waste streams treated by process. V<INF>y = Average volumetric flow rate of hazardous waste stream ``y'' at the point of waste origination, m3/hr. k<INF>y = Density of hazardous waste stream ``y'', kg/m3 C<INF>y = Average VO concentration of hazardous waste stream ``y'' at the point of waste origination as determined in accordance with the requirements of Sec. 265.1084(a), ppmw.
 (9) Procedure to determine the actual organic mass removal rate (MR) for a treated hazardous waste.
 (i) The actual organic mass removal rate shall be determined based on results for a minimum of three consecutive runs. The sampling time for each run shall be 1 hour.
 (ii) The waste volatile organic mass flow entering the process (E<INF>b) and the waste volatile organic mass flow exiting the process (E<INF>a) shall be determined in accordance with the requirements of paragraph (b)(6)(iv) of this section.
 (iii) The actual organic mass removal rate shall be calculated by using the results determined in accordance with the requirements of paragraph (b)(9)(ii) of this section and the following equation: MR = E<INF>b - E<INF>a
 where:
 MR = Actual organic mass removal rate, kg/hr. E<INF>b = Waste volatile organic mass flow entering process as determined in accordance with the requirements of paragraph (b)(6)(iv) of this section, kg/hr.
 E<INF>a = Waste volatile organic mass flow exiting process as determined in accordance with the requirements of paragraph (b)(6)(iv) of this section, kg/hr.
 (10) Procedure to determine the actual organic mass biodegradation rate (MR<INF>bio) for a treated hazardous waste. (i) The actual organic mass biodegradation rate shall be determined based on results for a minimum of three consecutive runs. The sampling time for each run shall be 1 hour.
 (ii) The waste organic mass flow entering the process (E<INF>b) shall be determined in accordance with the requirements of paragraph (b)(6)(iv) of this section.
 (iii) The fraction of organic biodegraded (F<INF>bio) shall be determined using the procedure specified in 40 CFR part 63, appendix C. (iv) The actual organic mass biodegradation rate shall be calculated by using the mass flow rates and fraction of organic biodegraded determined in accordance with the requirements of paragraphs (b)(10)(ii) and (b)(10)(iii) of this section and the following equation:
 MR<INF>bio = E<INF>b x F<INF>bio where:
 MR<INF>bio = Actual organic mass biodegradation rate, kg/hr. E<INF>b = Waste organic mass flow entering process as determined in accordance with the requirements of paragraph (b)(6)(iv) of this section, kg/hr.
 F<INF>bio = Fraction of organic biodegraded as determined in accordance with the requirements of paragraph (b)(10)(iii) of this section.
 (c) Procedure to determine the maximum organic vapor pressure of a hazardous waste in a tank.
 (1) An owner or operator shall determine the maximum organic vapor pressure for each hazardous waste placed in a tank using air emission controls in accordance with standards specified in Sec. 265.1085(c) of this subpart.
 (2) An owner or operator shall use either direct measurement as specified in paragraph (c)(3) of this section or knowledge of the waste as specified by paragraph (c)(4) of this section to determine the maximum organic vapor pressure which is representative of the hazardous waste composition stored or treated in the tank. (3) To determine the maximum organic vapor pressure of the hazardous waste by direct measurement, the following procedure shall be used:
 (i) Representative samples of the waste contained in the tank shall be collected. Sampling shall be conducted in accordance with the requirements specified in ``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition, September 1986, as amended by Update I, November 15, 1992 (incorporated by reference--refer to Sec. 260.11 of this chapter). (ii) Any appropriate one of the following methods may be used to analyze the samples and compute the maximum organic vapor pressure: (A) Method 25E in 40 CFR part 60, appendix A; (B) Methods described in American Petroleum Institute Publication 2517, Third Edition, February 1989, ``Evaporative Loss from External Floating-Roof Tanks,'' (incorporated by reference--refer to Sec. 260.11 of this chapter);
 (C) Methods obtained from standard reference texts; (D) ASTM Method 2879-92 (incorporated by reference--refer to Sec. 260.11 of this chapter); or
 (E) Any other method approved by the Regional Administrator. (4) To determine the maximum organic vapor pressure of the hazardous waste by knowledge, sufficient information shall be prepared and recorded that documents the maximum organic vapor pressure of the hazardous waste in the tank. Examples of information that may be used include: documentation that the waste is generated by a process for which no organics-containing materials are used; or that the waste is generated by a process for which at other locations it previously has been determined by direct measurement that the waste maximum organic vapor pressure is less than the maximum vapor pressure limit for the appropriate design capacity category specified for the tank.
 Sec. 265.1085 Standards: Tanks.
 (a) This section applies to owners and operators of tanks subject to this subpart into which any hazardous waste is placed except for the following tanks:
 (1) A tank in which all hazardous waste entering the tank meets the conditions specified in Sec. 265.1083(c) of this subpart; or (2) A tank used for biological treatment of hazardous waste in accordance with the requirements of Sec. 265.1083(c)(2)(iv) of this subpart.
 (b) The owner or operator shall place the hazardous waste into one of the following tanks:
 (1) A tank equipped with a cover (e.g., a fixed roof) that is vented through a closed-vent system to a control device in accordance with the requirements specified in paragraph (d) of this section; (2) A tank equipped with a fixed roof and internal floating roof in accordance with the requirements of Sec. 265.1091 of this subpart; (3) A tank equipped with an external floating roof in accordance with the requirements of Sec. 265.1091 of this subpart; or (4) A pressure tank that is designed to operate as a closed system such that the tank operates with no detectable organic emissions at all times that hazardous waste is in the tank except as provided for in paragraph (g) of this section.
 (c) As an alternative to complying with paragraph (b) of this section, an owner or operator may place hazardous waste in a tank equipped with a cover (e.g., a fixed roof) meeting the requirements specified in paragraph (d)(1) of this section when the hazardous waste is determined to meet all of the following conditions: (1) The hazardous waste is neither mixed, stirred, agitated, nor circulated within the tank by the owner or operator using a process that results in splashing, frothing, or visible turbulent flow on the waste surface during normal process operations; (2) The hazardous waste in the tank is not heated by the owner or operator except during conditions requiring that the waste be heated to prevent the waste from freezing or to maintain adequate waste flow conditions for continuing normal process operations; (3) The hazardous waste in the tank is not treated by the owner or operator using a waste stabilization process or a process that produces an exothermic reaction; and
 (4) The maximum organic vapor pressure of the hazardous waste in the tank as determined using the procedure specified in Sec. 265.1084(c) of this subpart is less than the following applicable value:
 (i) If the tank design capacity is equal to or greater than 151 m3, then the maximum organic vapor pressure shall be less than 5.2 kPa;
 (ii) If the tank design capacity is equal to or greater than 75 m3 but less than 151 m3, then the maximum organic vapor pressure shall be less than 27.6 kPa; or (iii) If the tank design capacity is less than 75 m3, then the maximum organic vapor pressure shall be less than 76.6 kPa. (d) To comply with paragraph (b)(1) of this section, the owner or operator shall design, install, operate, and maintain a cover that vents the organic vapors emitted from hazardous waste in the tank through a closed-vent system connected to a control device. (1) The cover shall be designed and operated to meet the following requirements:
 (i) The cover and all cover openings (e.g., access hatches, sampling ports, and gauge wells) shall be designed to operate with no detectable organic emissions when all cover openings are secured in a closed, sealed position.
 (ii) Each cover opening shall be secured in a closed, sealed position (e.g., covered by a gasketed lid or cap) at all times that hazardous waste is in the tank except as provided for in paragraph (f) of this section.
 (2) The closed-vent system and control device shall be designed and operated in accordance with the requirements of Sec. 265.1088 of this subpart.
 (e) The owner and operator shall install, operate, and maintain enclosed pipes or other closed systems for the transfer of hazardous waste as described in paragraph (e)(1) or (e)(2) of this section. The EPA considers a drain system that meets the requirements of 40 CFR 61.346(a)(1) or 40 CFR 61.346(b)(1) through (b)(3) to be a closed system.
 (1) Transfer all hazardous waste to the tank from another tank, surface impoundment, or container subject to this subpart except for those hazardous wastes that meet the conditions specified in Sec. 265.1083(c) of this subpart; and
 (2) Transfer all hazardous waste from the tank to another tank, surface impoundment, or container subject to this subpart except for those hazardous wastes that meet the conditions specified in Sec. 265.1083(c) of this subpart.
 (f) Each cover opening shall be secured in a closed, sealed position (e.g., covered by a gasketed lid) at all times that hazardous waste is in the tank except when it is necessary to use the cover opening to:
 (1) Add, remove, inspect, or sample the material in the tank; (2) Inspect, maintain, repair, or replace equipment located inside the tank; or
 (3) Vent gases or vapors from the tank to a closed-vent system connected to a control device that is designed and operated in accordance with the requirements of Sec. 265.1088 of this subpart. (g) One or more safety devices which vent directly to the atmosphere may be used on the tank, cover, closed-vent system, or control device provided each safety device meets all of the following conditions:
 (1) The safety device is not used for planned or routine venting of organic vapors from the tank or the closed-vent system connected to a control device; and
 (2) The safety device remains in a closed, sealed position at all times except when an unplanned event requires that the device open for the purpose of preventing physical damage or permanent deformation of the tank, cover, closed-vent system, or control device in accordance with good engineering and safety practices for handling flammable, combustible, explosive, or other hazardous materials. An example of an unplanned event is a sudden power outage.
 Sec. 265.1086 Standards: surface impoundments.
 (a) This section applies to owners and operators of surface impoundments subject to this subpart into which any hazardous waste is placed except for the following surface impoundments: (1) A surface impoundment in which all hazardous waste entering the surface impoundment meets the conditions specified in Sec. 265.1083(c) of this subpart; or
 (2) A surface impoundment used for biological treatment of hazardous waste in accordance with the requirements of Sec. 265.1083(c)(2)(iv) of this subpart. (b) The owner or operator shall place the hazardous waste into a surface impoundment equipped with a cover (e.g., an air-supported structure or a rigid cover) that is vented through a closed-vent system to a control device meeting the requirements specified in paragraph (d) of this section.
 (c) As an alternative to complying with paragraph (b) of this section, an owner or operator may place hazardous waste in a surface impoundment equipped with a floating membrane cover meeting the requirements specified in paragraph (e) of this section when the hazardous waste is determined to meet all of the following conditions: (1) The hazardous waste is neither mixed, stirred, agitated, nor circulated within the surface impoundment by the owner or operator using a process that results in splashing, frothing, or visible turbulent flow on the waste surface during normal process operations; (2) The hazardous waste in the surface impoundment is not heated by the owner or operator; and
 (3) The hazardous waste in the surface impoundment is not treated by the owner or operator using a waste stabilization process or a process that produces an exothermic reaction. (d) To comply with paragraph (b)(1) of this section, the owner or operator shall design, install, operate, and maintain a cover that vents the organic vapors emitted from hazardous waste in the surface impoundment through a closed- vent system connected to a control device.
 (1) The cover shall be designed, installed, operated, and maintained to meet the following requirements: (i) The cover and all cover openings (e.g., access hatches, sampling ports, and gauge wells) shall be designed to operate with no detectable organic emissions when all cover openings are secured in a closed, sealed position.
 (ii) Each cover opening shall be secured in the closed, sealed position (e.g., covered by a gasketed lid or cap) at all times that hazardous waste is in the surface impoundment except as provided for in paragraph (g) of this section.
 (iii) The closed-vent system and control device shall be designed and operated in accordance with Sec. 265.1088 of this subpart. (e) To comply with paragraph (c) of this section, the owner or operator shall design, install, operate, and maintain a floating membrane cover that meets all of the following requirements: (1) The floating membrane cover shall be designed, installed, and operated such that at all times when hazardous waste is in the surface impoundment, the entire surface area of the hazardous waste is enclosed by the cover, and any air spaces underneath the cover are not vented to the atmosphere except during conditions specified in paragraph (h) of this section.
 (2) The floating membrane cover and all cover openings (e.g., access hatches, sampling ports, and gauge wells) shall be designed to operate with no detectable organic emissions when all cover openings are secured in a closed, sealed position. (3) Each cover opening shall be secured in a closed, sealed position (e.g., covered by a gasketed lid or cap) at all times that hazardous waste is in the surface impoundment except as provided for in paragraphs (g)(1) through (g)(3) of this section; and (4) The synthetic membrane material used for the floating membrane cover shall be either:
 (i) High density polyethylene with a thickness no less than 2.5 mm; or
 (ii) A material or a composite of different materials determined to have the following properties:
 (A) Organic permeability properties that are equivalent to those of the material specified in paragraph (e)(4)(i) of this section; and (B) Chemical and physical properties that maintain the material integrity for as long as the cover is in use. Factors that shall be considered in selecting the material include: the effects of contact with the waste managed in the impoundment, weather exposure, and cover installation and operation practices.
 (f) The owner or operator shall install, operate, and maintain enclosed pipes or other closed systems for the transfer of hazardous waste as described in paragraph (f)(1) or (f)(2) of this section. The EPA considers a drain system that meets the requirements of 40 CFR 61.346(a)(1) or 40 CFR 61.346(b)(1) through (b)(3) to be a closed system.
 (1) Transfer all hazardous waste to the surface impoundment from another tank, surface impoundment, or container subject to this subpart except for those hazardous wastes that meet the conditions specified in Sec. 265.1083(c) of this subpart; and
 (2) Transfer all hazardous waste from the surface impoundment to another tank, surface impoundment, or container subject to this subpart except for those hazardous wastes that meet the conditions specified in Sec. 265.1083(c) of this subpart.
 (g) Each cover opening shall be secured in the closed, sealed position (e.g., covered by a gasketed lid or cap) at all times that hazardous waste is in the surface impoundment except when it is necessary to use the cover opening to:
 (1) Add, remove, inspect, or sample the material in the surface impoundment;
 (2) Inspect, maintain, repair, or replace equipment located underneath the cover;
 (3) Remove treatment residues from the surface impoundment in accordance with the requirements of 40 CFR 268.4; or (4) Vent gases or vapors from the surface impoundment to a closedvent system connected to a control device that is designed and operated in accordance with the requirements of Sec. 265.1088 of this subpart. (h) One or more safety devices that vent directly to the atmosphere may be installed on the cover, closed-vent system, or control device provided each device meets all of the following conditions: (1) The safety device is not used for planned or routine venting of organic vapors from the surface impoundment or the closed-vent system connected to a control device; and
 (2) The safety device remains in a closed, sealed position at all times except when an unplanned event requires that the device open for the purpose of preventing physical damage or permanent deformation of the cover, closed-vent system, or control device in accordance with good engineering and safety practices for handling flammable, combustible, explosive, or other hazardous materials. An example of an unplanned event is a sudden power outage.
 Sec. 265.1087 Standards: Containers.
 (a) This section applies to the owners and operators of containers having design capacities greater than 0.1 m3 subject to this subpart into which any hazardous waste is placed except for a container in which all hazardous waste entering the container meets the conditions specified in Sec. 265.1083(c) of this subpart. (b) An owner or operator shall manage hazardous waste in containers using the following procedures:
 (1) The owner or operator shall place the hazardous waste into one of the following containers except when a container is used for hazardous waste treatment as required by paragraph (b)(2) of this section:
 (i) A container that is equipped with a cover which operates with no detectable organic emissions when all container openings (e.g., lids, bungs, hatches, and sampling ports) are secured in a closed, sealed position. The owner or operator shall determine that a container operates with no detectable emissions by testing each opening on the container for leaks in accordance with Method 21 in 40 CFR part 60, appendix A the first time any portion of the hazardous waste is placed into the container. If a leak is detected and cannot be repaired immediately, the hazardous waste shall be removed from the container and the container not used to meet the requirements of this paragraph until the leak is repaired and the container is retested. (ii) A container having a design capacity less than or equal to 0.46 m3 that is equipped with a cover and complies with all applicable Department of Transportation regulations on packaging hazardous waste for transport under 49 CFR part 178. (A) A container that is managed in accordance with the requirements of 49 CFR part 178 for the purpose of complying with this subpart is not subject to any exceptions to the 49 CFR part 178 regulations, except as noted in paragraph (b)(1)(ii)(B) of this section. (B) A lab pack that is managed in accordance with the requirements of 49 CFR part 178 for the purpose of complying with this subpart may comply with the exceptions for combination packagings specified in 49 CFR 173.12(b).
 (iii) A container that is attached to or forms a part of any truck, trailer, or railcar; and that has been demonstrated within the preceding 12 months to be organic vapor tight when all container openings are in a closed, sealed position (e.g., the container hatches or lids are gasketed and latched). For the purpose of meeting the requirements of this paragraph, a container is organic vapor tight if the container sustains a pressure change of not more than 750 pascals within 5 minutes after it is pressurized to a minimum of 4,500 pascals. This condition is to be demonstrated using the pressure test specified in Method 27 of 40 CFR part 60, appendix A, and a pressure measurement device which has a precision of <plus-minus> 2.5 mm water and which is capable of measuring above the pressure at which the container is to be tested for vapor tightness.
 (2) An owner or operator treating hazardous waste in a container by either a waste stabilization process, any process that requires the addition of heat to the waste, or any process that produces an exothermic reaction shall meet the following requirements: (i) Whenever it is necessary for the container to be open during the treatment process, the container shall be located inside an enclosure that is vented through a closed-vent system to a control device.
 (ii) The enclosure shall be a structure that is designed and operated in accordance with the following requirements: (A) The enclosure shall be a structure that is designed and operated with sufficient airflow into the structure to capture the organic vapors emitted from the hazardous waste in the container and vent the vapors through the closed-vent system to the control device. (B) The enclosure may have permanent or temporary openings to allow worker access; passage of containers through the enclosure by conveyor or other mechanical means; entry of permanent mechanical or electrical equipment; or to direct airflow into the enclosure. The pressure drop across each opening in the enclosure shall be maintained at a pressure below atmospheric pressure such that whenever an open container is placed inside the enclosure no organic vapors released from the container exit the enclosure through the opening. The owner or operator shall determine that an enclosure achieves this condition by measuring the pressure drop across each opening in the enclosure. If the pressure within the enclosure is equal to or greater than atmospheric pressure then the enclosure does not meet the requirements of this section. (iii) The closed-vent system and control device shall be designed and operated in accordance with the requirements of Sec. 265.1088 of this subpart.
 (3) An owner or operator transferring hazardous waste into a container having a design capacity greater than 0.46 m\3\ shall meet the following requirements:
 (i) Hazardous waste transfer by pumping shall be performed using a conveyance system that uses a tube (e.g., pipe, hose) to add the waste into the container. During transfer of the waste into the container, the cover shall remain in place and all container openings shall be maintained in a closed, sealed position except for those openings through which the tube enters the container and as provided for in paragraph (c) of this section. The tube shall be positioned in a manner such that either the:
 (A) Tube outlet continuously remains submerged below the waste surface at all times waste is flowing through the tube; (B) Lower bottom edge of the tube outlet is located at a distance no greater than two inside diameters of the tube or 15.25 cm, whichever distance is greater, from the bottom of the container at all times waste is flowing through the tube; or
 (C) Tube is connected to a permanent port mounted on the bottom of the container so that the lower edge of the port opening inside the container is located at a distance equal to or less than 15.25 cm from the container bottom.
 (ii) Hazardous waste transferred by a means other than pumping shall be performed such that during transfer of the waste into the container, the cover remains in place and all container openings are maintained in a closed, sealed position except for those openings through which the hazardous waste is added and as provided for in paragraph (d) of this section.
 (c) Each container opening shall be maintained in a closed, sealed position (e.g., covered by a gasketed lid) at all times that hazardous waste is in the container except when it is necessary to use the opening to:
 (1) Add, remove, inspect, or sample the material in the container; (2) Inspect, maintain, repair, or replace equipment located inside the container; or
 (3) Vent gases or vapors from a cover located over or enclosing an open container to a closed-vent system connected to a control device that is designed and operated in accordance with the requirements of Sec. 265.1088 of this subpart.
 (d) One or more safety devices that vent directly to the atmosphere may be used on the container, cover, enclosure, closed-vent system, or control device provided each device meets all of the following conditions:
 (1) The safety device is not used for planned or routine venting of organic vapors from the container, cover, enclosure, or closed-vent system connected to a control device; and (2) The safety device remains in a closed, sealed position at all times except when an unplanned event requires that the device open for the purpose of preventing physical damage or permanent deformation of the container, cover, enclosure, closed-vent system, or control device in accordance with good engineering and safety practices for handling flammable, combustible, explosive, or other hazardous materials. An example of an unplanned event is a sudden power outage.
 Sec. 265.1088 Standards: Closed-vent systems and control devices.
 (a) This section applies to each closed-vent system and control device installed and operated by the owner or operator to control air emissions in accordance with standards of this subpart. (b) The closed-vent system shall meet the following requirements: (1) The closed-vent system shall route the gases, vapors, and fumes emitted from the hazardous waste in the waste management unit to a control device that meets the requirements specified in paragraph (c) of this section.
 (2) The closed-vent system shall be designed and operated in accordance with the requirements specified in Sec. 265.1033(j) of this part.
 (3) If the closed-vent system contains one or more bypass devices that could be used to divert all or a portion of the gases, vapors, or fumes from entering the control device, the owner or operator shall meet the following requirements:
 (i) For each bypass device except as provided for in paragraph (b)(3)(ii) of this section, the owner or operator shall either: (A) Install, calibrate, maintain, and operate a flow indicator at the inlet to the bypass device that indicates at least once every 15 minutes whether gas, vapor, or fume flow is present in the bypass device; or
 (B) Secure the valve installed at the inlet to the bypass device in the closed position using a car-seal or a lock-and-key type configuration. The owner or operator shall visually inspect the seal or closure mechanism at least once every month to verify that the valve is maintained in the closed position.
 (ii) Low leg drains, high point bleeds, analyzer vents, open-ended valves or lines, and safety devices are not subject to the requirements of paragraph (b)(3)(i) of this section. (c) The control device shall meet the following requirements: (1) The control device shall be one of the following devices: (i) A control device designed and operated to reduce the total organic content of the inlet vapor stream vented to the control device by at least 95 percent by weight;
 (ii) An enclosed combustion device designed and operated in accordance with the requirements of Sec. 265.1033(c); or (iii) A flare designed and operated in accordance with the requirements of Sec. 265.1033(d).
 (2) The control device shall be operating at all times when gases, vapors, or fumes are vented from the waste management unit through the closed-vent system to the control device. (3) The owner or operator using a carbon adsorption system to comply with paragraph (c)(1) of this section shall operate and maintain the control device in accordance with the following requirements: (i) Following the initial startup of the control device, all activated carbon in the control device shall be replaced with fresh carbon on a regular basis in accordance with the requirements of Sec. 265.1033(g) or Sec. 265.1033(h).
 (ii) All carbon removed from the control device shall be managed in accordance with the requirements of Sec. 265.1033(l). (4) An owner or operator using a control device other than a thermal vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system to comply with paragraph (c)(1) of this section shall operate and maintain the control device in accordance with the requirements of Sec. 265.1033(i). (5) The owner or operator shall demonstrate that a control device achieves the performance requirements of paragraph (c)(1) of this section as follows:
 (i) An owner or operator shall demonstrate using either a performance test as specified in paragraph (c)(5)(iii) of this section or a design analysis as specified in paragraph (c)(5)(iv) of this section the performance of each control device except for the following:
 (A) A flare;
 (B) A boiler or process heater with a design heat input capacity of 44 megawatts or greater;
 (C) A boiler or process heater into which the vent stream is introduced with the primary fuel;
 (D) A boiler or process heater burning hazardous waste for which the owner or operator has been issued a final permit under 40 CFR part 270 and designs and operates the unit in accordance with the requirements of 40 CFR part 266, subpart H; or (E) A boiler or process heater burning hazardous waste for which the owner or operator has certified compliance with the interim status requirements of 40 CFR part 266, subpart H. (ii) An owner or operator shall demonstrate the performance of each flare in accordance with the requirements specified in Sec. 265.1033(e).
 (iii) For a performance test conducted to meet the requirements of paragraph (c)(5)(i) of this section, the owner or operator shall use the test methods and procedures specified in Sec. 265.1034(c)(1) through (c)(4).
 (iv) For a design analysis conducted to meet the requirements of paragraph (c)(5)(i) of this section, the design analysis shall meet the requirements specified in Sec. 265.1035(b)(4)(iii). (v) The owner or operator shall demonstrate that a carbon adsorption system achieves the performance requirements of paragraph (c)(1) of this section based on the total quantity of organics vented to the atmosphere from all carbon adsorption system equipment that is used for organic adsorption, organic desorption or carbon regeneration, organic recovery, and carbon disposal.
 (6) If the owner or operator and the Regional Administrator do not agree on a demonstration of control device performance using a design analysis then the disagreement shall be resolved using the results of a performance test performed by the owner or operator in accordance with the requirements of paragraph (c)(5)(iii) of this section. The Regional Administrator may choose to have an authorized representative observe the performance test.
 Sec. 265.1089 Inspection and monitoring requirements.
 (a) This section applies to an owner or operator using air emission controls in accordance with the requirements of Sec. 265.1085 through Sec. 265.1088 of this subpart.
 (b) Each cover used in accordance with requirements of Sec. 265.1085 through Sec. 265.1087 of this subpart shall be visually inspected and monitored for detectable organic emissions by the owner or operator using the procedure specified in paragraph (f) of this section except as follows:
 (1) An owner or operator is exempted from performing the cover inspection and monitoring requirements specified in paragraph (f) of this section for the following tank covers: (i) A tank internal floating roof that is inspected and monitored in accordance with the requirements of Sec. 265.1091 of this subpart; or
 (ii) A tank external floating roof that is inspected and monitored in accordance with the requirements of Sec. 265.1091 of this subpart. (2) If a tank is buried partially or entirely underground, an owner or operator is required to perform the cover inspection and monitoring requirements specified in paragraph (f) of this section only for those portions of the tank cover and those connections to the tank cover or tank body (e.g. fill ports, access hatches, gauge wells, etc.) that extend to or above the ground surface and can be opened to the atmosphere.
 (3) An owner or operator is exempted from performing the cover inspection and monitoring requirements specified in paragraph (f) of this section for a container that meets all requirements specified in either Sec. 265.1087(b)(1)(ii) or Sec. 265.1087(b)(1)(iii) of this subpart.
 (4) An owner or operator is exempted from performing the cover inspection and monitoring requirements specified in paragraph (f) of this section for an enclosure used to control air emissions from containers in accordance with the requirements of Sec. 265.1087(b)(2) of this subpart.
 (c) Each closed-vent system used in accordance with the requirements of Sec. 265.1088 of this subpart shall be inspected and monitored by the owner or operator in accordance with the procedure specified in Sec. 265.1033(j).
 (d) Each control device used in accordance with the requirements of Sec. 265.1088 of this subpart shall be inspected and monitored by the owner or operator in accordance with the procedure specified in Sec. 265.1033(f).
 (e) The owner or operator shall develop and implement a written plan and schedule to perform all inspection and monitoring requirements of this section. The owner or operator shall incorporate this plan and schedule into the facility inspection plan required under 40 CFR 265.15.
 (f) Inspection and monitoring of a cover in accordance with the requirements of paragraph (b) of this section shall performed as follows:
 (1) The cover and all cover openings shall be initially visually inspected and monitored for detectable organic emissions on or before the date that the tank, surface impoundment, or container using the cover becomes subject to the provisions of this subpart and at other times as requested by the Regional Administrator. (2) At least once every 6 months following the initial visual inspection and monitoring for detectable organic emissions required under paragraph (f)(1) of this section, the owner and operator shall visually inspect and monitor the cover and each cover opening except for following cover openings:
 (i) A cover opening that has continuously remained in a closed, sealed position for the entire period since the last time the cover opening was visually inspected and monitored for detectable emissions; (ii) A cover opening that is designated as unsafe to inspect and monitor in accordance with paragraph (f)(5) of this section; (iii) A cover opening on a cover installed and placed in operation before December 6, 1994, that is designated as difficult to inspect and monitor in accordance with paragraph (f)(6) of this section. (3) To visually inspect a cover, the owner or operator shall view the entire cover surface and each cover opening in a closed, sealed position for evidence of any defect that may affect the ability of the cover or cover opening to continue to operate with no detectable organic emissions. A visible hole, gap, tear, or split in the cover surface or a cover opening is defined as a leak which shall be repaired in accordance with paragraph (f)(7) of this section. (4) To monitor a cover for detectable organic emissions, the owner or operator shall use the following procedure: (i) Method 21 in 40 CFR part 60, appendix A to test each cover seal and cover connection for detectable organic emissions. Seals on floating membrane covers shall be monitored around the entire perimeter of the cover at locations spaced no greater than 3 meters apart. (ii) For all cover connections and seals except for the seals around a rotating shaft that passes through a cover opening, if the monitoring instrument indicates detectable organic emissions (i.e., an instrument concentration reading greater than 500 ppmv plus the background level), then a leak is detected. Each detected leak shall be repaired in accordance with paragraph (f)(7) of this section. (iii) For the seals around a rotating shaft that passes through a cover opening, if the monitoring instrument indicates a concentration reading greater than 10,000 ppmv, then a leak is detected. Each detected leak shall be repaired in accordance with paragraph (f)(7) of this section.
 (5) An owner or operator may designate a cover as an unsafe to inspect and monitor cover if all of the following conditions are met: (i) The owner or operator determines that inspection or monitoring of the cover would expose a worker to dangerous, hazardous, or other unsafe conditions.
 (ii) The owner or operator develops and implements a written plan and schedule to inspect the cover using the procedure specified in paragraph (f)(3) of this section and monitor the cover using the procedure specified in paragraph (f)(4) of this section as frequently as practicable during those times when a worker can safely access the cover.
 (6) An owner or operator may designate a cover installed and placed in operation before December 6, 1994, as a difficult to inspect and monitor cover if all of the following conditions are met: (i) The owner or operator determines that inspection or monitoring the cover requires elevating a worker to a height greater than 2 meters above a support surface; and
 (ii) The owner and operator develops and implements a written plan and schedule to inspect the cover using the procedure specified in paragraph (f)(3) of this section, and to monitor the cover using the procedure specified in paragraph (f)(4) of this section at least once per calendar year.
 (7) When a leak is detected by either of the methods specified in paragraph (f)(3) or (f)(4) of this section, the owner or operator shall repair the leak in the following manner: (i) The owner or operator shall make a first attempt at repairing the leak no later than 5 calendar days after the leak is detected. Repair of the leak shall be completed as soon as practicable, but no later than 15 calendar days after the leak is detected. If repair of the leak cannot be completed within the 15-day period, except as provided in paragraph (f)(7)(ii) of this section, then the owner or operator shall not add hazardous waste to the tank, surface impoundment, or container on which the cover is installed until the repair of the leak is completed.
 (ii) Repair of a leak detected on a cover installed on a tank or surface impoundment may be delayed beyond 15 calendar days if the owner or operator determines that both of the following conditions occur: (A) Repair of the leak requires first emptying the contents of the tank or surface impoundment; and
 (B) Temporary removal of the tank or surface impoundment from service will result in the unscheduled cessation of production from the process unit or operation of the waste management unit that is generating the hazardous waste managed in the tank or surface impoundment.
 (iii) Repair of a leak determined by the owner or operator to meet the conditions specified in paragraph (f)(7)(ii) of this section shall be performed at the next time the process, system, or waste management unit that is generating the hazardous waste managed in the tank or surface impoundment stops operation for any reason.
 Sec. 265.1090 Recordkeeping requirements.
 (a) Each owner or operator of a facility subject to requirements in this subpart shall record and maintain the following information as applicable:
 (1) Documentation for each cover installed on a tank in accordance with the requirements of Sec. 265.1085(b)(2) or Sec. 265.1085(b)(3) of this subpart that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the applicable design specifications as listed in Sec. 265.1091(c) of this subpart.
 (2) Documentation for each floating membrane cover installed on a surface impoundment in accordance with the requirements of Sec. 265.1086(c) of this subpart that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the specifications listed in Sec. 265.1086(e) of this subpart.
 (3) Documentation for each enclosure used to control air emissions from containers in accordance with the requirements of Sec. 265.1087(b)(2)(i) of this subpart that includes information prepared by the owner or operator or provided by the manufacturer or vendor describing the enclosure design, and certification by the owner or operator that the enclosure meets the specifications listed in Sec. 265.1087(b)(2)(ii) of this subpart. (4) Documentation for each closed-vent system and control device installed in accordance with the requirements of Sec. 265.1088 of this subpart that includes:
 (i) Certification that is signed and dated by the owner or operator stating that the control device is designed to operate at the performance level documented by a design analysis as specified in paragraph (a)(4)(ii) of this section or by performance tests as specified in paragraph (a)(4)(iii) of this section when the tank, surface impoundment, or container is or would be operating at capacity or the highest level reasonably expected to occur. (ii) If a design analysis is used, then design documentation as specified in Sec. 265.1035(b)(4). The documentation shall include information prepared by the owner or operator or provided by the control device manufacturer or vendor that describes the control device design in accordance with Sec. 265.1035(b)(4)(iii) and certification by the owner or operator that the control equipment meets the applicable specifications.
 (iii) If performance tests are used, then a performance test plan as specified in Sec. 265.1035(b)(3) and all test results. (iv) Information as required by Sec. 265.1035(c)(1) and Sec. 265.1035(c)(2).
 (5) Records for all Method 27 tests performed by the owner or operator for each container used to meet the requirements of Sec. 265.1087(b)(1)(iii) of this subpart. (6) Records for all visual inspections conducted in accordance with the requirements of Sec. 265.1089 of this subpart. (7) Records for all monitoring for detectable organic emissions conducted in accordance with the requirements of Sec. 265.1089 of this subpart.
 (8) Records of the date of each attempt to repair a leak, repair methods applied, and the date of successful repair. (9) Records for all continuous monitoring conducted in accordance with the requirements of Sec. 265.1089 of this subpart. (10) Records of the management of carbon removed from a carbon adsorption system conducted in accordance with Sec. 265.1088(c)(3)(ii) of this subpart.
 (11) Records for all inspections of each cover installed on a tank in accordance with the requirements of Sec. 265.1085(b)(2) or Sec. 265.1085(b)(3) of this subpart that includes information as listed in Sec. 265.1091(c) of this subpart.
 (b) An owner or operator electing to use air emission controls for a tank in accordance with the conditions specified in Sec. 265.1085(c) of this subpart shall record the following information: (1) Date and time each waste sample is collected for direct measurement of maximum organic vapor pressure in accordance with Sec. 265.1084(c) of this subpart.
 (2) Results of each determination for the maximum organic vapor pressure of the waste in the tank performed in accordance with Sec. 265.1084(c) of this subpart.
 (3) Records specifying the tank dimensions and design capacity. (c) An owner or operator electing to use air emission controls for a tank in accordance with the requirements of Sec. 265.1091 of this subpart shall record the information required by Sec. 265.1091(c) of this subpart.
 (d) An owner or operator electing not to use air emission controls for a particular tank, surface impoundment, or container subject to this subpart in accordance with the conditions specified in Sec. 265.1083(c) of this subpart shall record the information used by the owner or operator for each waste determination (e.g., test results, measurements, calculations, and other documentation) in the facility operating log. If analysis results for waste samples are used for the waste determination, then the owner or operator shall record the date, time, and location that each waste sample is collected in accordance with applicable requirements of Sec. 265.1084 of this subpart. (e) An owner or operator electing to comply with requirements in accordance with Sec. 265.1083(c)(2)(vi) or Sec. 265.1083(c)(2)(v) of this subpart shall record the identification number for the incinerator, boiler, or industrial furnace in which the hazardous waste is treated.
 (f) An owner or operator designating a cover as unsafe to inspect and monitor pursuant to Sec. 265.1089(f)(5) of this subpart or difficult to inspect and monitor pursuant to Sec. 265.1089(f)(6) of this subpart shall record in a log that is kept in the facility operating record the following information: (1) A list of identification numbers for tanks with covers that are designated as unsafe to inspect and monitor in accordance with the requirements of Sec. 265.1089(f)(5) of this subpart, an explanation for each cover stating why the cover is unsafe to inspect and monitor, and the plan and schedule for inspecting and monitoring each cover. (2) A list of identification numbers for tanks with covers that are designated as difficult to inspect and monitor in accordance with the requirements of Sec. 265.1089(f)(6) of this subpart, an explanation for each cover stating why the cover is difficult to inspect and monitor, and the plan and schedule for inspecting and monitoring each cover. (g) All records required by paragraphs (a) through (f) of this section except as required in paragraphs (a)(1) through (a)(4) of this section shall be maintained in the operating record for a minimum of 3 years. All records required by paragraphs (a)(1) through (a)(4) of this section shall be maintained in the operating record until the air emission control equipment is replaced or otherwise no longer in service.
 (h) The owner or operator of a facility that is subject to this subpart and to the control device standards in 40 CFR part 60, subpart VV, or 40 CFR part 61, subpart V, may elect to demonstrate compliance with the applicable sections of this subpart by documentation either pursuant to this subpart, or pursuant to the provisions of 40 CFR part 60, subpart VV or 40 CFR part 61, subpart V, to the extent that the documentation required by 40 CFR parts 60 or 61 duplicates the documentation required by this section.
 Sec. 265.1091 Alternative tank emissions control requirements.
 (a) This section applies to owners and operators of tanks electing to comply with Sec. 265.1085(b)(2) or (b)(3) of this subpart. (1) The owner or operator electing to comply with Sec. 265.1085(b)(2) of this subpart shall design, install, operate, and maintain a fixed roof and internal floating roof that meet the following requirements.
 (i) The fixed roof shall comply with the requirements of Sec. 265.1085(d)(1) of this subpart. The internal floating roof shall rest or float on the waste surface (but not necessarily in complete contact with it) inside a tank that has a fixed roof. The internal floating roof shall be floating on the waste surface at all times, except during initial fill and during those intervals when the tank is completely emptied or subsequently emptied and refilled. When the roof is resting on the leg supports, the process of filling, emptying, or refilling shall be continuous and shall be accomplished as rapidly as possible.
 (ii) Each internal floating roof shall be equipped with one of the following closure devices between the wall of the tank and the edge of the internal floating roof:
 (A) A foam- or liquid-filled seal mounted in contact with the waste (liquid-mounted seal). A liquid-mounted seal means a foam- or liquidfilled seal mounted in contact with the waste between the wall of the tank and the floating roof continuously around the circumference of the tank.
 (B) Two seals mounted one above the other so that each forms a continuous closure that completely covers the space between the wall of the tank and the edge of the internal floating roof. The lower seal may be vapor-mounted, but both shall be continuous. (C) A mechanical shoe seal. A mechanical shoe seal is a metal sheet held vertically against the wall of the tank by springs or weighted levers and is connected by braces to the floating roof. A flexible coated fabric (envelope) spans the annular space between the metal sheet and the floating roof.
 (iii) Each opening in a noncontact internal floating roof except for automatic bleeder vents (vacuum breaker vents) and the rim space vents is to provide a projection below the waste surface. (iv) Each opening in the internal floating roof except for leg sleeves, automatic bleeder vents, rim space vents, column wells, ladder wells, sample wells, and stub drains is to be equipped with a cover or lid which is to be maintained in a closed position at all times (i.e., no visible gap) except when the device is in actual use. The cover or lid shall be equipped with a gasket. Covers on each access hatch and automatic gauge float well shall be bolted except when they are in use. (v) Automatic bleeder vents shall be equipped with a gasket and are to be closed at all times when the roof is floating except when the roof is being floated off or is being landed on the roof leg supports. (vi) Rim space vents shall be equipped with a gasket and are to be set to open only when the internal floating roof is not floating or at the manufacturer's recommended setting. (vii) Each penetration of the internal floating roof for the purpose of sampling shall be a sample well. The sample well shall have a slit fabric cover that covers at least 90 percent of the opening. (viii) Each penetration of the internal floating roof that allows for passage of a column supporting the fixed roof shall have a flexible fabric sleeve seal or a gasketed sliding cover. (ix) Each penetration of the internal floating roof that allows for passage of a ladder shall have a gasketed sliding cover. (2) The owner or operator electing to comply with Sec. 265.1085(b)(3) of this subpart shall design, install, operate, and maintain an external floating roof that meets the following requirements:
 (i) Each external floating roof shall be equipped with a closure device between the wall of the tank and the roof edge. The closure device is to consist of two seals, one above the other. The lower seal is referred to as the primary seal, and the upper seal is referred to as the secondary seal.
 (A) The primary seal shall be either a mechanical shoe seal or a liquid-mounted seal. Except as provided in paragraph (b)(2)(iv) of this section, the seal shall completely cover the annular space between the edge of the floating roof and tank wall. (B) The secondary seal shall completely cover the annular space between the external floating roof and the wall of the tank in a continuous fashion except as allowed in paragraph (b)(2)(iv) of this section.
 (ii) Except for automatic bleeder vents and rim space vents, each opening in a noncontact external floating roof shall provide a projection below the waste surface. Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves, each opening in the roof is to be equipped with a gasketed cover, seal, or lid that is to be maintained in a closed position at all times (i.e., no visible gap) except when the device is in actual use. Automatic bleeder vents are to be closed at all times when the roof is floating except when the roof is being floated off or is being landed on the roof leg supports. Rim vents are to be set to open when the roof is being floated off the roof leg supports or at the manufacturer's recommended setting. Automatic bleeder vents and rim space vents are to be gasketed. Each emergency roof drain is to be provided with a slotted membrane fabric cover that covers at least 90 percent of the area of the opening. (iii) The roof shall be floating on the waste at all times (i.e., off the roof leg supports) except during initial fill until the roof is lifted off leg supports and when the tank is completely emptied and subsequently refilled. The process of filling, emptying, or refilling when the roof is resting on the leg supports shall be continuous and shall be accomplished as rapidly as possible. (3) The owner or operator may elect to comply with Sec. 265.1085(b)(2) or (b)(3) of this subpart using an alternative means of emission limitation for which a Federal Register notice has been published in accordance with the requirements of 40 CFR 60.114b permitting its use as an alternative means for the purpose of compliance with 40 CFR 60.112b.
 (b) Monitoring and inspection of the control equipment described in paragraph (a) of this section shall be conducted as follows: (1) After installation, owners and operators of internal floating roofs shall:
 (i) Visually inspect the internal floating roof, the primary seal, and the secondary seal (if one is in service), prior to filling the tank with waste. If there are holes, tears, or other openings in the primary seal, the secondary seal, or the seal fabric, or defects in the internal floating roof, or both, the owner or operator shall repair the items before filling the tank.
 (ii) For tanks equipped with a liquid-mounted or mechanical shoe primary seal, visually inspect the internal floating roof and the primary seal or the secondary seal (if one is in service) through manholes and roof hatches on the fixed roof at least once every 12 months after initial fill. If the internal floating roof is not resting on the surface of the waste inside the tank, or there is liquid accumulated on the roof, or the seal is detached, or there are holes or tears in the seal fabric, the owner or operator shall repair the items or empty and remove the tank from service within 45 days. If a failure that is detected during inspections required in this paragraph cannot be repaired within 45 days and if the tank cannot be emptied within 45 days, a 30-day extension may be requested from the Regional Administrator. Such a request for an extension shall document that alternate capacity is unavailable and specify a schedule of actions the owner or operator will take that will assure that the control equipment will be repaired or the tank will be emptied as soon as possible. (iii) For tanks equipped with a double-seal system as specified in paragraph (a)(1)(i)(B) of this section: (A) Visually inspect the tank as specified in paragraph (b)(1)(iv) of this section at least every 5 years; or (B) Visually inspect the tank as specified in paragraph (b)(1)(ii) of this section.
 (iv) Visually inspect the internal floating roof, the primary seal, the secondary seal (if one is in service), gaskets, slotted membranes, and sleeve seals (if any) each time the tank is emptied and degassed. If the internal floating roof has defects; the primary seal has holes, tears, or other openings in the seal or the seal fabric; or the secondary seal has holes, tears, or other openings in the seal or the seal fabric; or the gaskets no longer close off the waste surfaces from the atmosphere; or the slotted membrane has more than 10 percent open area, the owner or operator shall repair the items as necessary so that none of the conditions specified in this paragraph exist before refilling the tank with waste. In no event shall inspections conducted in accordance with this provision occur at intervals greater than 10 years in the case of tanks conducting the annual visual inspection as specified in paragraph (b)(1)(ii) of this section, and at intervals no greater than 5 years in the case of tanks specified in paragraph (b)(1)(iii) of this section.
 (v) Notify the Regional Administrator in writing at least 30 days prior to the filling or refilling of each tank for which an inspection is required by paragraphs (b)(1)(i) and (b)(1)(iv) of this section to afford the Regional Administrator the opportunity to have an observer present. If the inspection required by paragraph (b)(1)(iv) of this section is not planned and the owner or operator could not have known about the inspection 30 days in advance of refilling the tank, the owner or operator shall notify the Regional Administrator at least 7 days prior to the refilling of the tank. Notification shall be made by telephone immediately followed by written documentation demonstrating why the inspection was unplanned. Alternatively, this notification, including the written documentation, may be made in writing and sent by express mail so that it is received by the Regional Administrator at least 7 days prior to the refilling.
 (2) After installation, the owner or operator of an external floating roof shall:
 (i) Determine the gap areas and maximum gap widths between the primary seal and the wall of the tank and between the secondary seal and the wall of the tank according to the following frequency: (A) Measurements of gaps between the tank wall and the primary seal (seal gaps) shall be performed during the hydrostatic testing of the tank or within 60 days of the initial fill with waste and at least once every 5 years thereafter.
 (B) Measurements of gaps between the tank wall and the secondary seal shall be performed within 60 days of the initial fill with waste and at least once per year thereafter.
 (C) If any tank ceases to hold waste for a period of 1 year or more, subsequent introduction of waste into the tank shall be considered an initial fill for the purposes of paragraphs (b)(2)(i)(A) and (b)(2)(i)(B) of this section.
 (ii) Determine the gap widths and areas in the primary and secondary seals individually by the following procedures: (A) Measure seal gaps, if any, at one or more floating roof levels when the roof is floating off the roof leg supports. (B) Measure seal gaps around the entire circumference of the tank in each place where a 0.32-cm diameter uniform probe passes freely (without forcing or binding against the seal) between the seal and the wall of the tank and measure the circumferential distance of each such location.
 (C) Determine the total surface area of each gap described in paragraph (b)(2)(ii)(B) of this section by using probes of various widths to measure accurately the actual distance from the tank wall to the seal and multiplying each such width by its respective circumferential distance.
 (iii) Add the gap surface area of each gap location for the primary seal and the secondary seal individually and divide the sum for each seal by the nominal diameter of the tank and compare each ratio to the respective standards in paragraph (b)(2)(iv) of this section. (iv) Make necessary repairs or empty the tank within 45 days of identification in any inspection for seals not meeting the following requirements:
 (A) The accumulated area of gaps between the tank wall and the mechanical shoe or liquid-mounted primary seal shall not exceed 212 cm2 per meter of tank diameter, and the width of any portion of any gap shall not exceed 3.81 cm.
 (1) One end of the mechanical shoe is to extend into the waste contained in the tank, and the other end is to extend a minimum vertical distance of 61 cm above the waste surface. (2) There are to be no holes, tears, or other openings in the shoe, seal fabric, or seal envelope.
 (B) The secondary seal is to meet the following requirements: (1) The secondary seal is to be installed above the primary seal so that it completely covers the space between the roof edge and the tank wall except as provided in paragraph (b)(2)(ii)(C) of this section. (2) The accumulated area of gaps between the tank wall and the secondary seal shall not exceed 21.2 cm2 per meter of tank diameter, and the width of any portion of any gap shall not exceed 1.27 cm.
 (3) There are to be no holes, tears, or other openings in the seal or seal fabric.
 (v) If a failure that is detected during inspections required in paragraph (b)(2)(i) of this section cannot be repaired within 45 days and if the tank cannot be emptied within 45 days, a 30-day extension may be requested from the Regional Administrator. Such extension request shall include a demonstration of the unavailability of alternate capacity and a specification of a schedule that will assure that the control equipment will be repaired or the tank will be emptied as soon as possible.
 (vi) Notify the Regional Administrator 30 days in advance of any gap measurements required by paragraph (b)(2)(i) of this section to afford the Regional Administrator the opportunity to have an observer present.
 (vii) Visually inspect the external floating roof, the primary seal, secondary seal, and fittings each time the vessel is emptied and degassed.
 (A) If the external floating roof has defects, the primary seal has holes, tears, or other openings in the seal or the seal fabric, or the secondary seal has holes, tears, or other openings in the seal or the seal fabric, the owner or operator shall repair the items as necessary so that none of the conditions specified in this paragraph exist before filling or refilling the tank with waste. (B) For all the inspections required by paragraph (b)(2)(vii) of this section, the owner or operator shall notify the Regional Administrator in writing at least 30 days prior to the filling or refilling of each tank to afford the Regional Administrator the opportunity to inspect the tank prior to refilling. If the inspection required by paragraph (b)(2)(vii) of this section is not planned and the owner or operator could not have known about the inspection 30 days in advance of refilling the tank, the owner or operator shall notify the Regional Administrator at least 7 days prior to the refilling of the tank. Notification shall be made by telephone immediately followed by written documentation demonstrating why the inspection was unplanned. Alternatively, this notification, including the written documentation, may be made in writing and sent by express mail so that it is received by the Regional Administrator at least 7 days prior to the refilling.
 (c) Owners and operators who elect to install and operate the control equipment in paragraph (a) of this section shall include the following information in the operating record in accordance with the requirements of Sec. 265.1090(a)(1) and (a)(11) of this subpart: (1) Internal floating roof.
 (i) Documentation that describes the control equipment design and certifies that the control equipment meets the specifications of paragraphs (a)(1) and (b)(1) of this section. (ii) Records of each inspection performed as required by paragraphs (b)(1)(i) through (b)(1)(iv) of this section. Each record shall identify the tank on which the inspection was performed and shall contain the date the tank was inspected and the observed condition of each component of the control equipment (seals, internal floating roof, and fittings).
 (iii) If any of the conditions described in paragraph (b)(1)(ii) of this section are detected during the annual visual inspection required by paragraph (b)(1)(ii) of this section, the records shall identify the tank, the nature of the defects, and the date the tank was emptied or the nature of and date the repair was made. (iv) After each inspection required by paragraph (b)(1)(iii) of this section that finds holes or tears in the seal or seal fabric, or defects in the internal floating roof, or other control equipment defects listed in paragraph (b)(1)(ii) of this section, the records shall identify the tank and the reason it did not meet the specifications of paragraph (a)(1) or (b)(1)(iii) of this section and describe each repair made.
 (2) External floating roof.
 (i) Documentation that describes the control equipment design and certifies that the control equipment meets the specifications of paragraphs (a)(2) and (b)(2)(ii) through (b)(2)(iv) of this section. (ii) Records of each gap measurement performed as required by paragraph (b)(2) of this section. Each record shall identify the tank in which the measurement was performed, the date of measurement, the raw data obtained in the measurement, and the calculations described in paragraphs (b)(2)(ii) and (b)(2)(iii) of this section. (iii) Records for each seal gap measurement that detects gaps exceeding the limitations specified by paragraph (b)(2)(iv) of this section that identifies the tank, the date the tank was emptied or the repairs made, and the nature of the repair.
 PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE MANAGEMENT PROGRAM
 33. The authority citation for part 270 continues to read as follows:
 Authority: 42 U.S.C. 6905, 6912, 6925, 6927, 6939, and 6974.
 Subpart A--General Information
 34. Section 270.4 is amended by revising paragraphs (a)(2), and (a)(3) and by adding paragraph (a)(4) to read as follows:
 Sec. 270.4 Effect of a permit.
 (a) * * *
 (2) Are promulgated under part 268 of this chapter restricting the placement of hazardous wastes in or on the land; (3) Are promulgated under part 264 of this chapter regarding leak detection systems for new and replacement surface impoundment, waste pile, and landfill units, and lateral expansions of surface impoundment, waste pile, and landfill units. The leak detection system requirements include double liners, CQA programs, monitoring, action leakage rates, and response action plans, and will be implemented through the procedures of Sec. 270.42 Class 1 permit modifications; or (4) Are promulgated under subparts AA, BB, or CC of part 265 of this chapter limiting air emissions.
 
 * * * *
 Subpart B--Permit Application
 35. Section 270.14 is amended by revising paragraph (b)(5) to read as follows:
 Sec. 270.14 Contents of Part B: General requirements.
 
 * * * *
 (b) * * *
 (5) A copy of the general inspection schedule required by Sec. 264.15(b). Include where applicable, as part of the inspection schedule, specific requirements in Secs. 264.174, 245.193(i), 264.195, 264.226, 264.254, 264.273, 264.303, 264.602, 264.1033, 264.1052, 264.1053, 264.1058, 264.1088, and 264.1091.
 * * * *
 
 Section 270.15 is amended by adding paragraph (e) to read as follows:
 Sec. 270.15 Specific Part B information requirements for containers.
 
 * * * *
 (e) Information on air emission control equipment as required in Sec. 270.27.
 
 Section 270.16 is amended by adding paragraph (k) to read as follows:
 Sec. 270.16 Specific Part B information requirements for tank systems.
 
 * * * *
 (k) Information on air emission control equipment as required in Sec. 270.27.
 
 Section 270.17 is amended by adding paragraph (j) to read as follows:
 Sec. 270.17 Specific Part B information requirements for surface impoundments.
 
 * * * *
 (j) Information on air emission control equipment as required in Sec. 270.27.
 
 Part 270 subpart B is amended by adding Sec. 270.27 to read as follows:
 Sec. 270.27 Specific Part B information requirements for air emission controls for tanks, surface impoundments, and containers.
 (a) Except as otherwise provided in Sec. 264.1 of this chapter, owners and operators of tanks, surface impoundments, or containers that use air emission controls in accordance with the requirements of 40 CFR part 264, subpart CC shall provide the following additional information:
 (1) Documentation for each cover installed on a tank subject to Sec. 264.1084(b)(2) or Sec. 264.1084(b)(3) of this chapter that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the applicable design specifications as listed in Sec. 265.1091(c) of this chapter.
 (2) Identification of each container area subject to the requirements of 40 CFR part 264, subpart CC and certification by the owner or operator that the requirements of this subpart are met. (3) Documentation for each enclosure used to control air emissions from containers in accordance with the requirements of Sec. 264.1086(b)(2)(i) of this chapter that includes information prepared by the owner or operator or provided by the manufacturer or vendor describing the enclosure design, and certification by the owner or operator that the enclosure meets the specifications listed in Sec. 265.1087(b)(2)(ii) of this chapter. (4) Documentation for each floating membrane cover installed on a surface impoundment in accordance with the requirements of Sec. 264.1085(c) of this chapter that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the specifications listed in Sec. 265.1086(e) of this chapter.
 (5) Documentation for each closed-vent system and control device installed in accordance with the requirements of Sec. 264.1087 of this chapter that includes design and performance information as specified in Sec. 270.24 (c) and (d).
 (6) An emission monitoring plan for both Method 21 and control device monitoring methods. This plan shall include the following information: monitoring point(s), monitoring methods for control devices, monitoring frequency, procedures for documenting exceedances, and procedures for mitigating noncompliances. (7) When an owner or operator of a facility subject to 40 CFR part 265, subpart CC cannot comply with 40 CFR part 264, subpart CC by the date of permit issuance, the schedule of implementation required under Sec. 265.1082 of this chapter.
 PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS
 40. The authority citation for part 271 continues to read as follows:
 Authority: 42 U.S.C. 6905, 6912(a), and 6926.
 Subpart A--Requirements for Final Authorization
 41. Section 271.1(j) is amended by adding the following entry to Table 1 in chronological order by date of publication:
 Sec. 271.1 Purpose and scope.
 
 * * * *
 (j) * * *
 Table 1--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984
 Promulgation date Title of regulation Federal Register reference Effective date
 * * * * * * * [insert date of publication Air Emission Standards for [Insert Federal Register [insert date 180 days in the Federal Register]. Tanks, Surface reference to final rule]. after date of publication Impoundments, and in the Federal Register]. Containers.
 
 * * * *
 
 Section 271.1(j) is amended by adding the following entry to Table 2 in chronological order by date of publication:
 Sec. 271.1 Purpose and scope.
 
 * * * *
 (j) * * *
 Table 2--Self-Implementing Provisions of the Hazardous and Solid Waste Amendments of 1984
 Effective date Self-implementing provision RCRA citation Federal Register reference
 * * * * * * * June 5, 1995............... Air Emission Standards for 3004(n)................... [Insert Federal Register Tanks, Surface reference to final rule] Impoundments, and Containers.
 
 * * * *
 [FR Doc. 94-29693 Filed 12-5-94; 8:45 am] BILLING CODE 6560-50-P

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

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

Local Navigation