Applicability and Requirements of the RCRA Organic Air Emission Standards

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This webpage goes into detail about Subparts AA, BB and CC of the Resource Conservation and Recovery Act Organic Air Emission Standards for treatment, storage, and disposal facilities and generators in Title 40 of the Code of Federal Regulations in Parts 264 and 265.

The RCRA organic air emission standards establish performance, design, operation, monitoring and maintenance requirements for certain hazardous waste management units (HWMUs) and associated equipment and air emission control devices.

Although units engaged in legitimate recycling of hazardous waste can be conditionally exempt from permitting under the Resource Conservation and Recovery Act (RCRA), 40 CFR section 261.6(d) subjects certain recycling units to the Subpart AA and BB standards. So, recycling units at facilities that are subject to RCRA permitting for storage, or are operating in interim status must also comply with the applicable Subpart AA and BB regulations. Subpart CC does not apply to recycling units because the emission mechanisms for hazardous waste storage tanks differ significantly from the emission mechanisms of the distillation-type units used for recycling and certain treatment operations (e.g., air strippers and thin-film evaporators), which are regulated under Subpart AA. (Refer to Volume 61 of the Federal Register on page 59935, November 25, 1996). Recycling units typically emit air pollutants through some type of process vent, and consequently are controlled under the Subpart AA process vent standards. (Refer to 61 FR 59935; November 25, 1996). Units storing hazardous waste before it is recycled are subject to all applicable provisions of 40 CFR parts 264 and 265, including Subpart CC (40 CFR section 261.6(c)(1)).

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Subpart AA–Air Emission Standards for Process Vents

Regulated Regulations: Remanufacturing Exclusion
The remanufacturing exclusion found at 40 CFR section 261.4(a)(27) excludes specific solvents from the definition of solid waste, provided certain conditions are met. One of those conditions requires that the remanufacturer certifies, as part of the remanufacturing plan, that the remanufacturing equipment, vents and tanks are equipped with and are operating air emission controls in compliance with Clean Air Act (CAA) regulations under 40 CFR part 60, part 61 or part 63.

If there are no CAA standards for a particular operation or piece of equipment, then the remanufacturer must comply with appropriate standards in 40 CFR part 261 Subparts AA/BB/CC (which are equivalent to the technical standards found in 40 CFR part 264/265 subparts AA/BB/CC).

Subpart AA standards establish air emission controls for process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations that manage hazardous wastes with organic concentrations of at least 10 parts per million by weight (ppmw).

The following types of units are subject to the Subpart AA process vent standards (40 CFR section 264.1030 and section 265.1030):

Citations in this Section
  • Units subject to the permitting standards of 40 CFR part 270 (i.e., permitted or interim status).
  • Hazardous waste recycling units located at hazardous waste management facilities that store hazardous waste prior to recycling or are otherwise subject to the permitting standards of 40 CFR part 270 (i.e., the facility has a RCRA permit or is in interim status).
  • “90-day” accumulation tanks or containers at large quantity generators (LQGs) (refer to 40 CFR section 262.17(a), formerly section 262.34(a)).

According to 40 CFR section 264.601, certain Subpart X miscellaneous units may also be subject to Subpart AA requirements, as appropriate, to control volatile organic emissions from the unit.

Refer to 40 CFR Subpart AA, sections 264.1030 through 264.1036 (permitted facilities) or 40 CFR Subpart AA, sections 265.1030 through 265.1035 (interim status facilities) for all of the air emission standards and related requirements for process vents, closed-vent systems and control devices.

Exemption Provision

The provisions of 40 CFR section 264.1030(e) and section 265.1030(d) exempt all process vents subject to Subpart AA  that the facility owner or operator certifies are “equipped with and operating air emission controls in accordance with the . . . requirements of an applicable Clean Air Act regulation codified under 40 CFR part 60, part 61, or part 63.” For more information on the Compliance Exemptions/Election Provisions refer to “Implementing the RCRA/CAA Air Emission Controls Compliance Exemptions/Election Provisions Through RCRA Permits.”

Air Emission Control Requirements

Facilities subject to Subpart AA must meet one of two standards presented in the regulations to reduce and/or destroy the organics in the waste stream (refer to 40 CFR section 64.1032(a) or section 265.1032(a)).

  • Reduction of organic air emissions from all affected process vents at the facility to below 3.0 pounds per hour (1.4 kg/h) and 3.1 tons per year (2.8 Mg/y),
    OR
  • Reduction of organic air emissions from all affected process vents at the facility by 95 percent by weight through the installation and operation of a control device.

Facilities must also comply with the test methods and procedures, monitoring, recordkeeping, and reporting requirements applicable to the affected units.

Closed-Vent System and Control Devices

If emissions must be reduced, Subpart AA requires owners and operators to install and operate control devices on affected units at the facility to remove or destroy organics in its emissions. EPA does not specify the type of control device that must be used to achieve these standards. However, individual performance requirements for some types of devices that may be used are presented in the regulations to assist owners and operators in complying with the requirements. These include vapor recovery systems, enclosed combustion devices, and flares (refer to 40 CFR sections 264.1033 (b), (c) and (d); and sections 265.1033(b), (c) and (d)). Owners and operators may use other types of control devices as long as the emission reduction requirements of 40 CFR section 264.1032(a) or section 265.1032(a) are met.

In addition to control devices, owners and operators must also install closed-vent systems to route the organics to the control device. A closed-vent system is a system that does not vent emissions to the atmosphere, and one that  is composed of piping and connections that transport gas or vapor from an HWMU to an emission control device (40 CFR section 264.1031 and section 265.1031). These systems must be designed and operated with no detectable emissions or below atmospheric pressure, and periodically inspected and monitored for emissions (40 CFR section 264.1033(k) and section 265.1033(j)).

Inspection and Monitoring

Control devices used to comply with Subpart AA must be monitored by installing, calibrating, and operating a flow indicator and a continuous monitoring device such as, depending on the type of control device in use, a temperature monitoring, heat sensing monitoring, or organic compounds level monitoring device, following the requirements in 40 CFR section 264.1033(f) or section 265.1033(f). Readings from each monitoring device are required to be inspected at least once each operating day. Owners and operators using control devices other than those specifically mentioned in the regulations must develop documentation indicating proper operation and maintenance of the control device to demonstrate that performance standards are being met (refer to 40 CFR section 264.1033(j) or section 265.1033(i)).

If, at any time, inspection of the control device readings indicates that there is a problem with the operation of the control device (i.e., failure to achieve the required organic destruction rate), owners and operators must immediately implement the corrective measures necessary to return the control device to proper operation (refer to 40 CFR section 264.1033(f)(3) or 265.1033(f)(3)).

Closed-vent systems used to comply with Subpart AA must be monitored at least annually. Any detectable emissions must be controlled as soon as possible, but typically not later than 15 calendar days after the emission is detected (40 CFR section 264.1033(l)) or section 265.1033(k)).

Recordkeeping

The Subpart AA recordkeeping requirements in 40 CFR section 264.1035 or section 265.1035 include maintaining certain information in the facility record, such as:

  • A performance test plan for facilities using test data to determine the organic removal efficiency or total organic compound concentration achieved by the control device.
  • Design documentation and monitoring, operating, and inspection information for each closed-vent system and control device required to comply with the provisions of Subpart AA.

Recordkeeping requirements also include up-to-date documentation of compliance with the process vent standards in 40 CFR section 264.1032 or section 265.1032, such as:

  • Information and data identifying all affected process vents, annual throughput and operating hours of each affected unit; estimated emission rates for each affected vent and for the overall facility (i.e., the total emissions for all affected vents at the facility); and the approximate location within the facility of each affected unit (e.g., identify the HWMUs on a facility plot plan).
  • Information and data supporting determinations of vent emissions and emission reductions achieved by add-on control devices based on engineering calculations or source tests.

Documentation of compliance with the process vent standards is also required for the RCRA permitting decision and must be included in the RCRA permit application (refer to 40 CFR section 270.24).

For process vents that are equipped with and operating air emission controls in accordance with the requirements of an applicable Clean Air Act (CAA) regulation codified under 40 CFR part 60, part 61, or part 63, the owner or operator is still required to maintain with the facility operating record documentation demonstrating compliance under regulations at 40 CFR part 60, part 61, or part 63 available (refer to 40 CFR section 264.1030(e) or section 265.1030(d)).

Reporting

Subpart AA requires that owners and operators of permitted facilities report to the Regional Administrator every six months, indicating, among other things, the dates when the control device exceeded or operated outside the design specifications without being corrected within 24 hours; the duration and cause of each exceedance or visible emissions; and any corrective measures taken (40 CFR section 264.1036).

There are no Subpart AA reporting requirements for owners and operators of interim status facilities or for large quantity generators (LQGs).

Subpart BB–Air Emissions Standards for Equipment Leaks

Citations in this Section

The Subpart BB standards of 40 CFR part 264 (permitted facilities) and part 265 (interim status facilities) establish organic air emission controls for equipment leaks. These Subpart BB standards apply to certain equipment, such as pumps, compressors, pressure relief devices, sampling connection systems, and valves, that contains or contacts hazardous wastes with organic concentrations of at least 10 percent by weight if they are managed at the following types of units:

  • Units subject to the permitting requirements of 40 CFR part 270 (i.e., permitted or interim status). Refer to 40 CFR section 264.1050 or section 265.1050.
  • Hazardous waste recycling units located at hazardous waste management facilities that store hazardous waste prior to recycling or are otherwise subject to the permitting requirements of 40 CFR part 270 (i.e., the facility has a RCRA permit or is in interim status). Refer to 40 CFR section 264.1050 or section 265.1050.
  • “90-day” accumulation tanks or containers at LQGs (40 CFR section 262.17(a), formerly section 262.34(a), and 40 CFR section 264.1050 or section 265.1050).

According to 40 CFR section 264.601, certain Subpart X miscellaneous units may also be subject to Subpart BB requirements, as appropriate, to control volatile organic emissions from the equipment.

Subpart BB requires organic air emission controls for equipment leaks. The requirements vary depending on the type of equipment in use (e.g., pressure-relief devices in gas/vapor service, sampling connection systems). If the equipment contains or contacts hazardous waste or hazardous waste residues for less than 300 hours per calendar year, or if the equipment is in vacuum service, it is excluded from the requirements of 40 CFR sections 264.1052 to 264.1060, or 40 CFR sections 265.1050 to 265.1060, if it is identified as required in 40 CFR sections 264.1064(g)(5), 264.1064(g)(6), 265.1064(g)(5) or 265.1064(g)(6). However, that same equipment is not excluded from Subpart BB identification/marking, recordkeeping, and reporting (refer to 40 CFR sections 264.1050(d) through 264.1050(f), or 40 CFR sections 265.1050(c) through 265.1050(e)). For all of the air emission standards and related requirements for equipment leaks, refer to 40 CFR sections 264.1050 through 264.1065, or 40 CFR sections 265.1050 through 265.1064.

Below you can find more information on Subpart BB standards:

Compliance Election Provision

Subpart BB allows owners or operators to elect to demonstrate compliance with Subpart BB either via 40 CFR section 264.1064 or section 265.1064, or by documentation of compliance with an applicable CAA regulation codified under 40 CFR part 60, part 61, or part 63. A facility choosing compliance election continues to be subject to Subpart BB, which means the RCRA program still addresses Subpart BB in the permit (for TSDFs), and determines compliance by evaluating the CAA records that the owner or operator elects to maintain under 40 CFR 264.1064(m) or 265.1064(m) (for both TSDFs and LQGs). For more information on the Compliance Exemptions/Election Provisions refer to “Implementing the RCRA/CAA Air Emission Controls Compliance Exemptions/Election Provisions Through RCRA Permits.”

Inspection and Monitoring

Each piece of equipment that is subject to the Subpart BB standards must be marked so that it can be readily distinguished from other pieces of equipment, specifically tracked in the facility operating records, and reflected in the RCRA permit application(40 CFR section 264.1050(d), and section 265.1050(c)). The equipment must be monitored and inspected regularly. Equipment-specific inspection, monitoring and repair requirements are contained in 40 CFR sections 264.1052 through 264.1060 and 40 CFR sections 265.1052 through 265.1060. Most equipment leaks must be repaired no later than 15 calendar days after they are detected (e.g., 40 CFR section 264.1052(c)(1) or section 265.1052(c)(1)). However, a pressure-relief device in gas/vapor service must be returned to a condition of no detectable emissions no later than five calendar days after a pressure release (40 CFR section 264.1054 or section 265.1054(b)).

Equipment Leak Control Requirements

The techniques used to control emissions from equipment leaks under Subpart BB combine equipment standards with inspection and monitoring requirements to ensure compliance with the standards.

Specific requirements for each type of equipment are given in the regulations. For example, 40 CFR section 264.1053 or section 265.1053 provides the control standards for compressors in organic hazardous waste service. According to this section, each compressor must be equipped with a seal system that includes a barrier fluid that will prevent organic emissions from leaking to the atmosphere. Specifications are given in the regulations for the compressor seal system and the standards each component must meet. In addition, each barrier fluid must have a sensor that will detect failure of the system.

Subpart BB requires owners and operators to establish specific LDAR programs. Critical components of the facility’s written LDAR program are the procedures, equipment, training and quality assurance measures the facility uses to accomplish required leak detection monitoring and inspection using specified monitoring devices or means. Depending on the type of equipment being used at the facility, leak detection monitoring and inspection can be accomplished by using devices such as an organic vapor analyzer (OVA) or a flame ionization detector (FID), and occasionally by visual means, or by sense of smell (olfactory). What constitutes a leak for purposes of Subpart BB will depend on the type of equipment being used.

Once a leak has been detected, in most cases, repair must be initiated within 5 days and completed within 15 days to remain in compliance with the Subpart BB standards. For example, for a compressor system, each sensor must be checked daily or shall be equipped with an audible alarm that must be checked monthly to ensure that it is functioning properly. If the sensor does indicate a leak, it must be repaired as soon as practicable, but no later than 15 days after the leak was first detected (40 CFR section 264.1053(g) and section 265.1053(g)).

Recordkeeping

Subpart BB recordkeeping requirements include detailed records at the facility sufficient to demonstrate compliance with the standards; equipment identification number; type of equipment; approximate location within the facility; and methods of compliance monitoring (e.g., leak detection and repair (LDAR) program), for each piece of equipment affected by Subpart BB. When equipment leaks are detected, certain information must be recorded and kept in the facility operating record for at least three years. Refer to 40 CFR section 264.1064 or section 265.1064 for more specific recordkeeping requirements. Excluded equipment (i.e., equipment in vacuum service or equipment that contains or contacts hazardous waste or hazardous waste residues for less than 300 hours per calendar year) is required to be identified and listed (40 CFR section 264.1064(g)(5), and (6), or section 265.1064(g)(5), (6)). These records must be kept up to date and at the facility for at least three years (40 CFR section 264.1064 and section 265.1064).

Written LDAR programs, identification and tracking systems, equipment-specific monitoring and inspections systems, and training plans for employees are also required for the RCRA permitting decision and must be included in the RCRA permit application (40 CFR section 270.14 and section 270.25).

Owners or operators electing to determine compliance by documentation in accordance with an applicable CAA regulation codified under 40 CFR part 60, part 61, or part 63, are required to keep such documentation, or make it readily available with the facility operating record (40 CFR section 264.1064(m) or section 265.1064(m)).

Reporting

Subpart BB requires that owners and operators of permitted facilities report to the Regional Administrator every six months, indicating any instances during that period when a leaking valve, pump, or compressor was not repaired (as required by Subpart BB), and when a control device exceeded specifications (as indicated by monitoring activities) for longer than 24 hours without being corrected (40 CFR section 264.1065). The reports must indicate dates, duration, cause, and any corrective measures that were taken with respect to control devices. If, during the six-month period, no exceedances occur and all leaks are repaired at the facility, the owner and operator need not submit any report to the Regional Administrator.

As in Subpart AA, there are no Subpart BB reporting requirements for owners and operators of interim status facilities or for LQGs.

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

What is the difference between a hazardous waste container and a tank?
The key difference between a hazardous waste container and a tank is that a container is a portable device whereas a tank is a unit that remains stationary. Specifically, a container is defined as any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled (40 CFR section 260.10). In contrast, a tank is defined as a stationary device designed to contain an accumulation of hazardous waste, which is constructed primarily of non-earthen materials that provide structural support.
Citations in this Section

The Subpart CC standards of 40 CFR part 264 (permitted facilities) and part 265 (interim status facilities) apply to owners and operators of facilities that treat, store, or dispose of hazardous waste in tanks, surface impoundments, or containers subject to 40 CFR parts 264 or 265 Subparts I, J, or K. This includes LQGs (e.g., generators of 1,000 kg/month or more of non-acute hazardous waste) accumulating hazardous waste in tanks or containers for up to 90 days (40 CFR section 262.17(a), formerly section 262.34(a)). Additionally, according to 40 CFR section 264.601, Subpart X miscellaneous units are subject to Subpart CC requirements, as appropriate, to control volatile organic emissions from the unit (e.g., drum shredders).

Refer to 40 CFR section 264.1080 or section 265.1080 to determine if your waste management units are subject to the Subpart CC regulations. Subpart CC requires owners or operators to manage wastes in units that are closed such that emissions do not escape or are controlled. Refer to 40 CFR section 264.1082(c) or section 265.1083(c) for a description of hazardous wastes and waste management units that are exempt from the Subpart CC standards. Generally, if a hazardous waste has an average volatile organic concentration less than 500 parts per million by weight (ppmw) at the point of waste origination or if the hazardous waste's organic content has been reduced to the extent described in 40 CFR section 264.1082(c)(2) or section 265.1083(c)(2) prior to entering the waste management unit, the unit is exempt from the air emission controls required under 40 CFR sections 264.1084 through 264.1087 or sections 265.1085 through 265.1088. The procedures to be used for determining average volatile organic concentration and other waste characteristics are specified in 40 CFR section 264.1083 and section 265.1084.

Refer to 40 CFR sections 264.1080 through 264.1090 or 40 CFR sections 265.1080 through 265.1090 for all of the air emission standards and related requirements for tanks, surface impoundments, and containers.

Exemption Provision

The provisions of 40 CFR 264.1080(b)(7) and 265.1080(b)(7) exempt all hazardous waste management units subject to Subpart CC that the facility owner or operator certifies are “equipped with and operating air emission controls in accordance with the . . . requirements of an applicable Clean Air Act regulation codified under 40 CFR part 60, part 61, or part 63.” For more information on the Compliance Exemptions/Election Provisions refer to “Implementing the RCRA/CAA Air Emission Controls Compliance Exemptions/Election Provisions Through RCRA Permits.”

Tanks

Subpart CC standards applicable to tanks containing hazardous wastes are specified in 40 CFR section 264.1084 and section 265.1085.

Tank Controls

  1. If a tank’s hazardous waste is greater than or equal to 500 ppmw volatile organic at the point of waste origination, then air emission controls may be required.
  2. Level of control is determined primarily based on tank capacity, maximum organic vapor pressure of hazardous waste in the tank and waste stabilization. The owner or operator is responsible for determining whether Tank Level 1 or Tank Level 2 controls are applicable. Table 1 provides a matrix for determining the applicable control level for a tank.
  3. If a tank qualifies for Level 1 controls, a fixed roof must be used and the owner or operator using Level 1 controls must determine the maximum organic vapor pressure for each hazardous waste placed in the tank as specified by 40 CFR section 264.1084(c) and section 265.1085(c). Records of the maximum organic vapor pressure determination are required. These records must include the date and time the samples were collected, the analytical method used, and results (40 CFR section 264.1089(b)and section 265.1090(b)).
  4. If a tank uses Level 2 controls, the following control options are available to the owner/operator:
    • External floating roof (EFR),
    • Fixed roof with internal floating roof (IFR),
    • Closed-vent system to control device,
    • Pressure tank, or
    • Closed-vent system to an enclosed combustion device (40 CFR section 264.1084(d) or section 264.1085(d)).

All tanks subject to the Subpart CC standards must be regularly inspected. Inspection procedures and requirements vary by type of tank control used. Records of all inspections, regardless of the control level, must be kept at the facility for a minimum of three years after the date of the inspection (40 CFR section 264.1089(a) or section 40 CFR 265.1090(a)).

Owners or operators of tanks with internal or external floating roofs using Tank Level 2 controls are required to notify the Regional Administrator before conducting inspections (40 CFR sections 264.1084(e)(3)(iv), (f)(3)(iii)) and 40 CFR 265.1085(e)(3)(iv), (f)(3)(iii)). More detailed recordkeeping and inspection requirements are also required for floating roof tanks and tanks or enclosures that vent through a closed-vent system to a control device.

Table 1. Determination of Applicable Level of Control for Tanks Containing Hazardous Waste Subject to the Subpart CC Regulations

Tank Design Capacity Maximum Organic Vapor Pressure of Hazardous 
Waste in Tank

Does Waste Stabilization

Process Occur in the Tank?

 Applicable Level of Control
 
<75 m3 (19,800 gal) ≤ 76.6 kPa (11.1 psi) Yes Tank Level 2 Controls
<75 m3 (19,800 gal) ≤ 76.6 kPa (11.1 psi) No Tank Level 1 Controls
<75 m3 (19,800 gal) > 76.6 kPa Yes Tank Level 2 Controls
<75 m3 (19,800 gal) > 76.6 kPa No Tank Level 2 Controls
≥ 75 m3 (19,800 gal) and < 151 m3 (39,900 gal) ≤ 27.6 kPa (4.0 psi) Yes Tank Level 2 Controls
≥ 75 m3 (19,800 gal) and < 151 m3 (39,900 gal) ≤ 27.6 kPa (4.0 psi) No Tank Level 1 Controls
≥ 75 m3 (19,800 gal) and < 151 m3 (39,900 gal) > 27.6 kPa Yes Tank Level 2 Controls
≥ 75 m3 (19,800 gal) and < 151 m3 (39,900 gal) > 27.6 kPa No Tank Level 2 Controls
≥ 151 m3 (39,000 gal) ≤ 5.2 kPa (0.75 psi) Yes Tank Level 2 Controls
≥ 151 m3 (39,000 gal) ≤ 5.2 kPa (0.75 psi) No Tank Level 1 Controls
≥ 151 m3 (39,000 gal) > 5.2 kPa Yes Tank Level 2 Controls
≥ 151 m3 (39,000 gal) > 5.2 kPa No Tank Level 2 Controls

Surface Impoundments

Subpart CC standards applicable to surface impoundments containing hazardous wastes are found in 40 CFR section 264.1085 and section 265.1086. To control air emissions from a surface impoundment managing a hazardous waste with a volatile organic concentration greater than or equal to 500 ppmw at the point of waste origination, an owner or operator must install and operate either a floating membrane cover or a cover that is vented through a closed-vent system to a control device. The floating membrane cover must meet certain design requirements specified in the rule, including a requirement that the cover be made of high-density polyethylene with a thickness no less than 2.5 mm or of an equivalent material (40 CFR section 264.1085(c)(1)(ii) and section 265.1086(c)(1)(ii) ). The surface impoundment cover and closure devices are to be visually inspected for defects on or before the date that the unit is subject to the Subpart CC standards and at least once a year thereafter (40 CFR section 264.1085(c)(3)(ii) and section 40 CFR 265.1086(c)(3)(i)). First efforts at repair of any defects detected on the cover or closure devices must be made within five days of detection, and repairs must be completed within 45 days of detection. A repair may be delayed more than 45 days only if it requires emptying the surface impoundment or removing it from service and no alternative capacity is available at the facility to accept the hazardous waste normally managed in the unit (40 CFR section 264.1085(f)(2) and 40 CFR section 265.1086(f)(2)). Records of all inspections must be kept at the facility for a minimum of three years from the date of the inspection (40 CFR section 264.1089 and section 265.1090).

Containers

Subpart CC standards applicable to containers of hazardous wastes are specified in 40 CFR section 264.1085(f) and section 265.1086(f). There are three levels of air emission controls for containers based on container size, light material service (which is determined by the vapor pressure of the organic constituents), and whether the container is used in a waste stabilization process. Table 2 provides a matrix for determining the applicable control level for a container. Containers with a capacity less than or equal to 0.1 m3 (26 gallons) are exempted from the rule. Container Level 1 controls require that the hazardous waste be stored in an approved Department of Transportation (DOT) container, a container equipped with a cover and closure devices for each opening, or an open-top container with an organic-vapor-suppressing barrier (40 CFR section 264.1086(c)(1) and section 265.1087(c)(1)). Container Level 2 controls require that the hazardous waste be stored in an approved DOT container, a container that operates with no detectable organic emissions, or a demonstrated vapor-tight container (40 CFR section 264.1086(d)(1) and section 265.1087(d)(1)). Container Level 3 controls require that the hazardous waste be stored in a container that is either vented directly through a closed-vent system to a control device or is located inside an enclosure that is vented through a closed-vent system to a control device (40 CFR section 264.1086(e)(1) and section 265.1087(e)(1)). Design and operating criteria are specified in the rule for the enclosure, closed-vent system, and control device.

If a Level 1 or 2 container is not going to be emptied within 24 hours after it is accepted at the facility, a visual inspection is required on or before the date the container is accepted and at least once a year thereafter. Repairs of defects in such containers must be completed within five (5) days or the contents of the container must be removed from the container that complies with the Subpart CC standards (40 CFR sections 264.1086(c)(4) and (d)(4); and sections 265.1087(c)(4) and(d)(4)).

If a non-DOT container with a volume of 0.46 m3 (119 gallons) or larger is used with Container Level 1 controls, records of the procedure used to determine that the container is not managing hazardous waste “in light material service” must be maintained (40 CFR section 264.1086(c)(5), 40 CFR section 265.1087(c)(5)). The Subpart CC standards contain special recordkeeping and inspection requirements for Level 3 containers and their associated closed-vent systems, enclosures, and control devices (40 CFR section 264.1086(e)(4), (5); 40 CFR section 265.1087(e)(4), (5)).

Table 2. Determination of Applicable Level of Control for Containers of Hazardous Waste Subject to the Subpart CC Regulations

Container Design 
Capacity

Is the Container in Light

Material Service?

Does Waste Stabilization

Process Occur in the Container?

 Applicable Level of Control
≤ 0.1 m3 (26.4 gal) NA NA Container is Exempt from Air Emission Standards
> 0.1 m3 (26.4 gal) and
≤ 0.46 m3 (121 gal)		 Yes Yes Container Level 3 Controls
> 0.1 m3 (26.4 gal) and
≤ 0.46 m3 (121 gal)		 No No Container Level 1 Controls
> 0.1 m3 (26.4 gal) and
≤ 0.46 m3 (121 gal)		 No Yes Container Level 3 Controls
> 0.1 m3 (26.4 gal) and
≤ 0.46 m3 (121 gal)		 Yes No Container Level 1 Controls
> 0.46 m3 (121 gal) Yes Yes Container Level 3 Controls
> 0.46 m3 (121 gal) No No Container Level 1 Controls
> 0.46 m3 (121 gal) No Yes Container Level 3 Controls
> 0.46 m3 (121 gal) Yes No Container Level 2 Controls

Miscellaneous Units

Certain miscellaneous (Subpart X) units may also be subject to Subparts AA, BB, and CC if those requirements are necessary to protect human health and the environment (40 CFR section 264.601). The appropriate air emission controls would be implemented through the issuance or modification of a permit.

Inspection and Monitoring

Owners or operators are required to develop and implement a written plan and schedule to perform the inspections and monitoring of the air emission control equipment are required in 40 CFR sections 264.1084 through 264.1087 for permitted facilities, or 40 CFR 265.1085 through 265.1088 for interim status facilities and LQGs. Requirements vary by the type of waste management unit and the type of air emission controls used. (40 CFR section 264.1088 and section 265.1089).

Emission Control Standards

Owners or operators are required to manage wastes in units that are closed such that emissions do not escape or are controlled. The emission control standards for non-exempt units (i.e., standards applicable to tanks, surface impoundments, containers, and some miscellaneous units) are detailed below.

For an exempt waste management unit, the owner or operator is still required to maintain records that document the rationale for the exemption (40 CFR section 264.1089(j) and section 265.1090(j)).

Recordkeeping

Each owner or operator of a facility subject to Subpart CC must comply with the recordkeeping requirements found in 40 CFR section 264.1089 or section 265.1090, including documentation specific to the type of unit and air emissions control being used. For each tank using air emission controls the requirements include an identification number, a record of each inspection including location, description, date of detection, and corrective action for each defect detected. In the event that repair of the defect is delayed, the reason for delay and expected completion of repair date must also be recorded. For HWMUs that are equipped with and operating air emission controls in accordance with the requirements of an applicable Clean Air Act regulation codified under 40 CFR part 60, part 61, or part 63 (refer to 40 CFR section 264.1080(b)(7) and section 265.1080(b)(7)), the owner or operator is still required to maintain records that document the rationale for the exemption (40 CFR section 264.1089(j) and section 265.1090(j)).

Reporting

Subpart CC requires owners or operators of permitted facilities to submit a written report within 15 calendar days of the time that the owner or operator becomes aware of a noncompliance occurrence with the conditions specified in:

  • 40 CFR section 264.1082(c), as applicable, for tanks, surface impoundments or containers exempted from using air emission controls under that provision (40 CFR section 264.1090(a)).
  • 40 CFR section 264.1084(b), as applicable, for tanks using air emission controls in accordance with that provision (40 CFR section 264.1090(b)).

Owners or operators of a permitted facility using a control device in accordance with the requirements of 40 CFR section 264.1087 shall submit a semiannual written report as applicable (40 CFR sections 264.1090(c) and (d)). There are no Subpart CC reporting requirements for owners and operators of interim status facilities or for LQGs.

Citations in this Section

Definitions

Average volatile organic concentration or average VO concentration –the mass-weighted average volatile organic concentration of a hazardous waste as determined in accordance with the requirements of section 265.1084 of this Subpart (40 CFR section 265.1081).

Closed-vent system – a system that is not open to the atmosphere and that is composed of piping, connections, and, if necessary, flow-inducing devices that transport gas or vapor from a piece or pieces of equipment to a control device (40 CFR section 264.1031).

Container – Any portable device in which a material es stored, transported, treated, disposed of, or otherwise handled (40 CFR section 260.10).

Control device – an enclosed combustion device, vapor recovery system, or flare. Any device the primary function of which is the recovery or capture of solvents or other organics for use, reuse, or sale (e.g., a primary condenser on a solvent recovery unit) is not a control device (40 CFR section 264.1031)).

Equipment – Each valve, pump, compressor, pressure, relief device, sampling connection system, open-ended valve or line, or flange or other connector, and any other control devices or systems required by part 264 and 265, of Subpart AA (40 CFR section 264.1031).

Enclosure – a structure that surrounds a tank or container, captures organic vapors emitted from the tank or container, and vents the captured vapors through a closed-vent system to a control device (40 CFR section 265.1081).

Hazardous waste management unit – A contiguous area of land on or in which hazardous waste is placed, or the largest area in which there is significant likelihood of mixing hazardous waste constituents in the same area. Examples of hazardous waste management units include a surface impoundment, a waste pile, a land treatment area, a landfill cell, an incinerator, a tank and its associated piping and underlying containment system and a container storage area. A container alone does not constitute a unit; the unit includes containers and the land or pad upon which they are placed (40 CFR section 260.10).

In light material service – means the container is used to manage a material for which both of the following conditions apply: the vapor pressure of one or more of the organic constituents in the material is greater than 0.3 kilopascals (kPa) at 20 °C; and the total concentration of the pure organic constituents having a vapor pressure greater than 0.3 kPa at 20 °C is equal to or greater than 20 percent by weight (40 CFR section 265.1081).

In vacuum service – Equipment that is operating at an internal pressure that is at least 5 kPa below ambient pressure (40 CFR section 264.1031).

Large quantity generator (LQG) – A generator who generates any of the following amounts in a calendar month: (1) Greater than or equal to 1,000 kilograms (2200 lbs) of non-acute hazardous waste; or (2) Greater than 1 kilogram (2.2 lbs) of acute hazardous waste listed in 40 CFR section 261.31 or section 261.33(e); or (3) Greater than 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in 40 CFR section 261.31 or section 261.33(e) (40 CFR section 260.10).

Maximum organic vapor pressure – the sum of the individual organic constituent partial pressures exerted by the material contained in a tank, at the maximum vapor pressure-causing conditions (i.e., temperature, agitation, pH effects of combining wastes, etc.) reasonably expected to occur in the tank. For the purpose of this Subpart, maximum organic vapor pressure is determined using the procedures specified in 40 CFR part 264 / section 265.1084(c) (40 CFR section 265.1081).

Miscellaneous unit – A hazardous waste management unit where hazardous waste is treated, stored, or disposed of and that is not a container, tank, surface impoundment, pile, land treatment unit, landfill, incinerator, boiler, industrial furnace, underground injection well with appropriate technical standards under 40 CFR part 146, containment building, corrective action management unit, unit eligible for a research, development, and demonstration permit under 40 CFR section 270.65, or staging pile (40 CFR section 260.10).

No detectable organic emissions – means no escape of organics to the atmosphere as determined using procedures described in 40 CFR section 265.1084(d) (40 CFR section 265.1081).

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; (2) when the facility owner or operator is 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 (40 CFR section 265.1081).

Point of waste treatment – means the point where a hazardous waste that is treated in accordance with 40 CFR section 265.1083(c)(2) exits the treatment process. Any waste determination shall be made before the waste is conveyed, handled, or otherwise managed in a manner that allows the waste to volatilize to the atmosphere (40 CFR section 265.1081).

Process vent – Any open-ended pipe or stack that is vented to the atmosphere either directly, through a vacuum-producing system, or through a tank (e.g., distillate receiver, condenser, bottoms receiver, surge control tank, separator tank, or hot well) associated with hazardous waste distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations (40 CFR section 264.1031).

Surface impoundment or impoundment – A facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons (40 CFR section 260.10).

Tank – A stationary device designed to contain an accumulation of hazardous waste, which is constructed primarily of non-earthen materials that provide structural support. (40 CFR section 260.10).

Volatile organic concentration or VO concentration – the fraction by weight of the volatile organic compounds contained in a hazardous waste expressed in terms of parts per million (ppmw) as determined by direct measurement or by knowledge of the waste in accordance with the requirements of 40 CFR section 265.1084. For the purpose of determining the VO concentration of a hazardous waste, organic compounds with a Henry’s law constant value of at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in the liquid phase (0.1 Y/X) (which can also be expressed as 1.8x10-6 atmospheres/gram-mole/m3) at 25 degrees Celsius must be included. Appendix VI of this Subpart presents a list of compounds known to have a Henry’s law constant value less than the cutoff level (40 CFR section 265.1081).

Waste determination – means performing all applicable procedures in accordance with the requirements of 40 CFR section 265.1084 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 40 CFR section 265.1084 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; 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. (40 CFR section 265.1081).

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 9095B (Paint Filter Liquids Test) in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA Publication No. SW-846, as incorporated by reference in 40 CFR section 260.11. A waste stabilization process involves 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.” This does not include the adding of absorbent materials to the surface of a waste, without mixing, agitation, or subsequent curing, to absorb free liquid. (40 CFR section 265.1081).

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Last updated on January 4, 2024