CONSOLIDATED CHECKLIST C6
	Part 5 of 5 parts

	Interim Status Standards for Owners and Operators of 
	Hazardous Waste Treatment, Storage, and Disposal Facilities
	40 CFR Part 265, Subparts CC-EE, as of December 31, 2002

Note:  Consolidated Checklist C6 is divided into five separate documents/computer files solely for ease of handling its printed and electronic versions.  Consolidated Checklist C6 remains one checklist; States must adopt all five portions simultaneously to correctly use this Consolidated Checklist.  Note, the prenotes and endnotes associated with each part have been placed with the part to which they apply.

Note: No final rules affecting 40 CFR Part 265, Subparts CC‑EE were promulgated between June 30, 2002 and December 31, 2002, therefore, this Consolidated Checklist corresponds to 40 CFR Part 265, Subparts CC‑EE as published on July 1, 2002.

	
FEDERAL REQUIREMENTS	
CHECKLIST
REFERENCE	
FEDERAL RCRA CITATION	
ANALOGOUS STATE CITATION	
STATE ANALOG IS:	
					
EQUIV-ALENT	
LESS
STRIN-
GENT	
MORE STRIN-GENT	
BROADER IN SCOPE	

SUBPART CC - AIR EMISSION STANDARDS FOR TANKS, SURFACE IMPOUNDMENTS, AND CONTAINERS	

APPLICABILITY	

regulations in 265, Subpart CC apply to owners/operators of facilities that treat, store, or dispose of hazardous waste in tanks, surface impoundments, or containers except as in 265.1 & 265.1080(b)	
154	
265.1080(a)	

	

	
requirements of 265, Subpart CC do not apply to the following waste management units at the facility:	
154	
265.1080(b)	

	

	
waste management unit that holds hazardous waste placed in it before December 6, 1996 & to which none is added on or after December 6, 1996	
154,163	
265.1080(b)(1)	

	

	
container with capacity < 0.1 m3	
154	
265.1080(b)(2)	

	

	
tank in which owner/ operator has stopped adding hazardous waste & has begun implementing or completed closure	
154	
265.1080(b)(3)	

	

	
surface impoundment in which owner/operator has stopped adding hazardous waste & has begun implementing or completed closure	
154	
265.1080(b)(4)	

	

	
waste management unit that is used solely for on-site treatment or storage of hazardous waste placed in the unit as a result of  remedial activities	
154,177	
265.1080(b)(5)	

	

	
waste management unit used solely for management of radioactive mixed waste	
154	
265.1080(b)(6)	

	

	
hazardous waste management unit equipped with & operating air emission controls in accordance with Clean Air Act; tanks for which air emission control includes an enclosure, must comply with 265.1085(i), except as in 265.1083(c)(5)	
154	
265.1080(b)(7)	

	

	
tank with process vent as defined in 264.1031	
154	
265.1080(b)(8)	

	

	
for owners/operators of facility subject to 265, Subpart CC & who have received a final RCRA permit prior to December 6, 1996, the following requirements apply:	
154,163	
265.1080(c)	

	

	
requirements of 264, Subpart CC shall be incorporated in permit when permit is reissued or reviewed per 270.50(d)	
154	
265.1080(c)(1)	

	

	
until date when permit is reissued or reviewed, owner/operator is subject to requirements of 265, Subpart CC	
154	
265.1080(c)(2)	

	

	
requirements of subpart CC, with exception of 265.1090(i), are administratively stayed for a tank or container used to manage hazardous waste generated by organic peroxide manufacturing & associated laboratory operations when owner/operator meets all of specified conditions	
154	
265.1080(d)	

	

		
154	
265.1080(d)(1)	

	

		
154	
265.1080(d)(2)	

	

		
154	
265.1080(d)(3)	

	

	
DEFINITIONS	

terms not defined in 265.1081 have the meaning given in the Act and Parts 260-266	
154	
265.1081	

	

	
"average volatile organic concentration" or "average VO concentration"	
154	
265.1081	

	

	
"closure device"	
154	
265.1081	

	

	
"continuous seal"	
154	
265.1081	

	

	
"cover"	
154	
265.1081	

	

	
"enclosure"	
154	
265.1081	

	

	
"external floating roof"	
154	
265.1081	

	

	
"fixed roof"	
154	
265.1081	

	

	
"floating membrane cover"	
154	
265.1081	

	

	
"floating roof"	
154	
265.1081	

	

	
"hard-piping"	
154	
265.1081	

	

	
"in light material service"	
154,163	
265.1081	

	

	
"internal floating roof"	
154	
265.1081	

	

	
"liquid-mounted seal"	
154	
265.1081	

	

	
"malfunction"	
154	
265.1081	

	

	
"maximum organic vapor pressure"	
154	
265.1081	

	

	
"metallic shoe seal"	
154	
265.1081	

	

	
"no detectable organic emissions"	
154	
265.1081	

	

	
"point of waste origination"	
154	
265.1081	

	

			
265.1081(1)	

	

			
265.1081(2)	

	

	
"point of waste treatment"	
154	
265.1081	

	

	
"safety device"	
154	
265.1081	

	

	
"single-seal system"	
154	
265.1081	

	

	
"vapor-mounted seal"	
154	
265.1081	

	

	
"volatile organic concentration" or "VO concentration"	
154	
265.1081	

	

	
"waste determination"	
154	
265.1081	

	

	
"waste stabilization process"	
154	
265.1081	

	

	
SCHEDULE FOR IMPLEMENTATION OF AIR EMISSION STANDARDS	

owners/operators of facilities existing on December 6, 1996 & subject to 265, Subparts I, J, & K shall meet the following requirements:	
154,163	
265.1082(a)	

	

	
install & begin operation of control equipment by December 6, 1996, except as in 265.1082(a)(2)	
154,163	
265.1082(a)(1)	

	

	
when control equipment or waste management units required to comply with part 265, subpart CC cannot be installed and in operation or modifications of production or treatment processes to satisfy exemption criteria under ' 265.1083(c) cannot be completed by December 6, 1996, owner or operator shall: 	
154,163	
265.1082(a)(2)	

	

	
install & begin operation as soon as possible, but no later than December 8, 1997	
154,163	
265.1082(a)(2)(i)	

	

	
prepare implementation plan which includes specified information	
154,163	
265.1082(a)(2)(ii)	

	

	
for facilities subject to record keeping requirements of 265.73, implementation schedule shall be entered in operating record no later than December 6, 1996	
154,163	
265.1082(a)(2)(iii)	

	

	
for facilities not subject to 265.73 requirements, implementation schedule shall be entered into permanent, readily available file located at the facility no later than December 6, 1996	
154,163	
265.1082(a)(2)(iv)	

	

	
facilities and units in existence on effective date of statutory or EPA regulatory amendment that subjects the facilities to 265, Subpart I, J, or K shall meet the following requirements:	
154,163	
265.1082(b)	

	

	
install & operate control equipment or waste management units, and complete modifications of production or treatment processes to satisfy 265.1083(c) exemption criteria by effective date of amendment except as in 265.1082(b)(2)	
154,163	
265.1082(b)(1)	

	

	
when control equipment or waste management units cannot be installed & begin operation, or when modifications of production or treatment processes to satisfy 265.1083(c) exemption criteria cannot be completed by effective date of amendment, owner/ operator shall:	
154,163	
265.1082(b)(2)	

	

	
install & begin operation as soon as possible, but no later than 30 months after effective date of amendment	
154, 163	
265.1082(b)(2)(i)	

	

	
for facilities subject to record keeping requirements of 265.73, enter & maintain implementation schedule in operating record no later than effective date of amendment, or	
154,163	
265.1082(b)(2)(ii)	

	

	
for facilities not subject to 265.73, enter & maintain implementation schedule in permanent, readily available file located at the facility no later than effective date of amendment	
154,163	
265.1082(b)(2)(iii)	

	

	
owners and operators of facilities and units that become newly subject to the part 265, subpart CC, requirements after December 8, 1997 due to action other than those in 265.1082(b) must comply with requirements immediately	
163	
265.1082(c)	

	

3,	
Regional Administrator may extend implementation date for control equipment at a facility, on a case-by-case basis, to date later than December 8, 1997, under specified circumstances	
154,163	
265.1082(d)	

	

	
STANDARDS:  GENERAL	

	
265.1083 applies to management of hazardous waste in tanks, surface impoundments, and containers subject to 265, Subpart CC	
154	
265.1083(a)	

	

	
owner/operator shall control air emissions from each hazardous waste management unit in accordance with 265.1085  through 265.1088, except as in 265.1083(c)	
154,163	
265.1083(b)	

	

	
tank, surface impoundment, or container is exempt from 265.1085 through 265.1088, as applicable, provided unit is:	
154	
265.1083(c)	

	

	
tank, surface impoundment, or container for which entering hazardous waste has average VO concentration at point of origination < 500 ppmw; how VO concentration shall be determined; frequency of reviews & updates 	
154	
265.1083(c)(1)	

	

	
tank, surface impoundment, or container for which organic content of hazardous waste entering the waste management unit has been reduced by an organic destruction or removal that achieves one of the following:	
154	
265.1083(c)(2)	

	

	
process that removes or destroys organics to a level such that average VO concentration at point of treatment< exit concentration limit established for the process; how average VO concentration shall be determined	
154,163	
265.1083(c)(2)(i)	

	

	
process that removes or destroys organics to level such that organic reduction efficiency is $ 95 % and average VO concentration at point of waste treatment< 100 ppmw; how organic reduction efficiency and average VO concentration shall be determined	
154	
265.1083(c)(2)(ii)	

	

	
process that removes or destroys organics to level such that actual organic mass removal rate$ required organic mass removal rate established for the process; how required organic mass removal rate and actual organic mass removal rate shall be determined	
154	
265.1083(c)(2)(iii)	

	

	
biological process that destroys or degrades organics contained in hazardous waste such that one of the following conditions is met:	
154	
265.1083(c)(2)(iv)	

	

	
organic reduction efficiency for process$ 95 % & organic biodegradation efficiency $ 95 %; how organic reduction efficiency and biodegradation efficiency shall be determined	
154	
265.1083(c)(2)(iv)(A)	

	

	
total actual organic mass biodegradation rate for all hazardous waste treated by the process is $ required organic mass removal rate; how required organic mass removal rate and actual mass biodegradation rate shall be determined	
154	
265.1083(c)(2)(iv)(B)	

	

	
process that removes or destroys organics contained in hazardous waste and meets all of specified conditions	
154	
265.1083(c)(2)(v)	

	

		
154	
265.1083(c)(2)(v)(A)	

	

		
154	
265.1083(c)(2)(v)(B)	

	

		
154	
265.1083(c)(2)(v)(C)	

	

	
process that removes or destroys organics in hazardous waste to specified levels; specified levels to be determined using procedures in 265.1084(a) & (b)	
154	
265.1083(c)(2)(vi)	

	

	
hazardous waste incinerator for which owner/operator has either:	
154	
265.1083(c)(2)(vii)	

	

	
been issued a final permit which implements part 264, subpart O, or	
154	
265.1083(c)(2)(vii)(A)	

	

	
has designed and operates incinerator in accordance with interim status requirements of part 265, subpart O	
154	
265.1083(c)(2)(vii)(B)	

	

	
boiler or industrial furnace for which owner or operator has either:	
154	
265.1083(c)(2)(viii)	

	

	
been issued a final permit under part 270 which implements 266, subpart H; or	
154	
265.1083(c)(2)(viii)(A)	

	

	
designed and operates boiler or industrial furnace in accordance with interim status requirements of 266, subpart H	
154	
265.1083(c)(2)(viii)(B)	

	

	
for determining the performance of organic destruction process, owner/operator shall account for VO concentrations below detection limit by using the following:	
154	
265.1083(c)(2)(ix)	

	

	
if Method 25D in part 60, appendix A is used, 2 blank value determined in method at section 4.4 of Method 25D in 40 CFR part 60, appendix A, or a value of 25 ppmw, whichever is less	
154,163	
265.1083(c)(2)(ix)(A)	

	

	
if other analytical method used, one-half sum of limits of detection established for each organic constituent in waste that has Henry=s law constant value at least 0.1 Y/X at 25 degrees Celsius	
154,163	
265.1083(c)(2)(ix)(B)	

	

	
tank or surface impoundment used for biological treatment of hazardous waste in accordance with 265.1083(c)(2)(iv)	
154,163	
265.1083(c)(3)	

	

	
tank, surface impoundment, or container for which hazardous waste placed in either:	
154	
265.1083(c)(4)	

	

	
meets numerical concentration limits for organic constituents in 268.40; or	
154	
265.1083(c)(4)(i)	

	

	
organic hazardous constituents in waste have been treated as in 268.42(a), or have been removed or destroyed by equivalent method pursuant to 268.42(b)	
154,163	
265.1083(c)(4)(ii)	

	

	
tank used for bulk feed of hazardous waste to incinerator, & all of following are met:	
154	
265.1083(c)(5)	

	

	
tank is inside enclosure vented to a control device designed & operated in accordance with part 61, subpart FF for a facility generating $ 10 megagrams of benzene per year	
154	
265.1083(c)(5)(i)	

	

	
tank's enclosure & control device installed & began operation prior to November 25, 1996	
154	
265.1083(c)(5)(ii)	

	

	
enclosure designed & operated in accordance with 52.741, appendix B; allowance for openings; verification as in Section 5.0 	
154	
265.1083(c)(5)(iii)	

	

	
Regional Administrator may perform, or request owner/operator perform, waste determination for hazardous waste managed in tank, surface impoundment, or container exempted from using air emission controls under 265.1083 as follows:	
154	
265.1083(d)	

	

	
waste determination for average VO concentration of hazardous waste at point of waste origination shall be performed using direct measurement in accordance with 265.1084(a); how waste determination shall be performed	
154	
265.1083(d)(1)	

	

	
in performing waste determination pursuant to 265.1083(d)(1), sample preparation shall be conducted as follows:	
154	
265.1083(d)(2)	

	

	
in accordance with method used by owner/operator, except as specified by 265.1083(d)(2)(ii)	
154	
265.1083(d)(2)(i)	

	

	
if Regional Administrator determines owner/ operator's methods inappropriate, then may choose appropriate one	
154	
265.1083(d)(2)(ii)	

	

	
when owner or operator performs waste determination, Regional Administrator may have an authorized representative observe sampling	
154	
265.1083(d)(3)	

	

	
if results of waste determination performed or requested by Regional Administrator do not agree with results of waste determination performed by owner or operator, then results of waste determination performed under 265.1083(d)(1) shall be used	
154	
265.1083(d)(4)	

	

	
if averaging period of > 1 hour was used to determine average VO concentration of hazardous waste at point of origination, Regional Administrator can establish compliance by performing or requesting that owner or operator perform a waste determination based on samples collected within 1-hour period as specified	
154	
265.1083(d)(5)	

	

		
154	
265.1083(d)(5)(i)	

	

		
154	
265.1083(d)(5)(ii)	

	

		
154	
265.1083(d)(5)(iii)	

	

	
WASTE DETERMINATION PROCEDURES	

	
waste determination procedures to determine average VO concentration at point of origination	
154	
265.1084(a)	

	

	
average VO concentration at point of waste origination shall be determined for each hazardous waste placed in units exempted under 265.1083(c)(1) from using air emission controls in accordance with 265.1085 through 265.1088	
154	
265.1084(a)(1)	

	

	
average VO concentration of waste stream shall be determined before first time material in hazardous waste stream is placed in unit exempted under 265.1083(c)(1) from using air emission controls, thereafter concentration shall be determined for each averaging period  hazardous waste is managed in unit; and	
177	
265.1084(a)(1)(i)	

	

	
perform new determination  when changes to generating source are likely to cause concentration to increase to level equal to or greater than limit specified in 265.1083(c)(1)	
177	
265.1084(a)(1)(ii)	

	

	
for waste determination required by 265.1084(a)(1), average VO concentration of hazardous waste at point of origination shall be determined using direct measurement as in 265.1084(a)(3) or (4) 	
154,163	
265.1084(a)(2)	

	

	
direct measurement to determine average VO concentrations of hazardous waste at point of origination 	
154	
265.1084(a)(3)	

	

	
identification; owner/ operator shall identify & record point of waste origination	
154	
265.1084(a)(3)(i)	

	

	
sampling; samples shall be collected at point of waste origination in manner that minimizes volatilization of organics & that is adequately representative	
154	
265.1084(a)(3)(ii)	

	

		
154	
265.1084(a)(3)(ii)(A)	

	

		
154,163,177	
265.1084(a)(3)(ii)(B)	

	

		
154	
265.1084(a)(3)(ii)(C)	

	

		
177	
265.1084(a)(3)(ii)
(D)	

	

	
analysis; each collected sample shall be prepared & analyzed in accordance with one or more of the specified methods	
154,163,177	
265.1084(a)(3)(iii)	

	

		
154	
265.1084(a)(3)(iii)(A)	

	

		
154	
265.1084(a)(3)(iii)(B)	

	

		
154	
265.1084(a)(3)(iii)(C)	

	

		
154	
265.1084(a)(3)(iii)(D)	

	

		
154	
265.1084(a)(3)(iii)(E)	

	

		
154,163	
265.1084(a)(3)(iii)(F)	

	

		
154	
265.1084(a)(3)(iii)(F)(1)	

	

		
154	
265.1084(a)(3)(iii)(F)(2)	

	

		
154,163	
265.1084(a)(3)(iii)(G)	

	

		
154,163	
265.1084(a)(3)(iii)(G)(1)	

	

		
154	
265.1084(a)(3)(iii)(G)(2)	

	

		
154	
265.1084(a)(3)(iii)(H)	

	

		
154	
265.1084(a)(3)(iii)(I)	

	

	
calculations	
154,163	
265.1084(a)(3)(iv)	

	

6	
average VO concentration on mass-weighted basis shall be calculated by using specified equation	
154,163	
265.1084(a)(3)(iv)(A)	

	

	
for purpose of determining Ci, for individual waste samples analyzed in accordance with 265.1084(a)(3)(iii), owner or operator shall account for VO concentrations determined to be below limit of detection of analytical method by using following VO concentration:	
163	
265.1084(a)(3)(iv)(B)	

	

	
if Method 25D in 40 CFR part 60, appendix A is used for analysis, one-half blank value determined in method at section 4.4 of Method 25D	
163	
265.1084(a)(3)(iv)(B)(1)	

	

	
if other analytical method used, one-half sum of limits of detection established for each organic constituent in waste that has Henry=s law constant values at least 0.1 Y/X at 25 degrees Celsius	
163	
265.1084(a)(3)(iv)(B)(2)	

	

	
provided that test method is appropriate for waste as required under 265.1084(a)(3)(iii), EPA will determine compliance based on test method used by owner or operator as recorded pursuant to ' 265.1090(f)(1)	
163	
265.1084(a)(3)(v)	

	

	
use of owner/operator knowledge to determine average VO concentration of hazardous waste at point of origination 	
154	
265.1084(a)(4)	

	

	
prepare documentation of basis for owner's or operator's knowledge of hazardous waste stream's average VO concentration; examples 	
154	
265.1084(a)(4)(i)	

	

	
if test data are used as basis of knowledge, owner/operator shall document test method, sampling protocol, & means by which sampling & analytical variability are accounted for; examples 	
154	
265.1084(a)(4)(ii)	

	

	
owner/operator using chemical constituent-specific concentration test data as basis for knowledge may adjust test data; how to adjust data	
154	
265.1084(a)(4)(iii)	

	

	
if Regional Administrator & owner/operator disagree on the determination, then results of direct measurement as in 265.1084(a)(3) shall be used; Regional Administrator may perform or request owner/operator to perform determination; owner or operator may choose one or more appropriate methods to analyze each collected sample in accordance with requirements of 265.1084(a)(3)(iii)	
154,163	
265.1084(a)(4)(iv)	

	

	
waste determination procedures for treated hazardous waste	
154	
265.1084(b)	

	

	
applicable waste determinations shall be performed for each treated hazardous waste placed in units exempted under 265.1083(c)(2)(i)-(vi) from using air emission controls in accordance with 265.1085 through 265.1088	
154,163	
265.1084(b)(1)	

	

	
average VO concentration of waste stream shall be determined before first time material in treated waste stream is placed in exempt unit, thereafter update determination information at least once every 12 months; and	
177	
265.1084(b)(1)(i)	

	

	
perform new determination  when process generating or treating waste stream changes are likely to cause concentration to increase such that treatment conditions are not achieved	
177	
265.1084(b)(1)(ii)	

	

	
owner/operator shall designate & record specific provision in 265.1083(c)(2) under which waste determination is performed; applicable procedures in 265.1084(b)(3)-(9) shall be used in waste determination	
154	
265.1084(b)(2)	

	

	
ID; owner/operator shall identify & record point of waste treatment	
154	
265.1084(b)(3)(i)	

	

	
sampling; samples shall be collected at point of waste treatment in manner that minimizes volatilization of organics & that is adequately representative 	
154	
265.1084(b)(3)(ii)	

	

		
154	
265.1084(b)(3)(ii)(A)	

	

		
154,163,177	
265.1084(b)(3)(ii)(B)	

	

		
154	
265.1084(b)(3)(ii)(C)	

	

		
177	
265.1084(b)(3)(ii)(D)	

	

	
analysis; each collected sample shall be prepared & analyzed in accordance with one or more of the specified methods	
154,163,177	
265.1084(b)(3)(iii)	

	

		
154	
265.1084(b)(3)(iii)(A)	

	

		
154	
265.1084(b)(3)(iii)(B)	

	

		
154	
265.1084(b)(3)(iii)(C)	

	

		
154	
265.1084(b)(3)(iii)(D)	

	

		
154	
265.1084(b)(3)(iii)(E)	

	

		
154,163	
265.1084(b)(3)(iii)(F)	

	

		
154	
265.1084(b)(3)(iii)(F)(1)	

	

		
154	
265.1084(b)(3)(iii)(F)(2)	

	

		
154,163	
265.1084(b)(3)(iii)(G)	

	

		
154	
265.1084(b)(3)(iii)(G)(1)	

	

		
154	
265.1084(b)(3)(iii)(G)(2)	

	

		
154	
265.1084(b)(3)(iii)(H)	

	

		
154	
265.1084(b)(3)(iii)(I)	

	

	
calculations; average VO concentration on mass-weighted basis shall be calculated by using specified equation	
154,163	
265.1084(b)(3)(iv)	

	

	
provided that test method is appropriate for waste as required under 265.1084(b)(3)(iii), determine compliance based on test method used by owner or operator as recorded pursuant to ' 265.1090(f)(1)	
163	
265.1084(b)(3)(v)	

	

	
procedure to determine exit concentration limit for treated hazardous waste	
154	
265.1084(b)(4)	

	

	
point of origination for each hazardous waste treated by the process at the same time shall be identified	
154	
265.1084(b)(4)(i)	

	

	
if single hazardous waste stream is identified, then exit concentration limit shall be 500 ppmw	
154	
265.1084(b)(4)(ii)	

	

	
if more than one hazardous waste stream is identified, then average VO concentration of each waste stream shall be determined; exit concentration limit shall be calculated using results determined for each waste stream & the specified equation	
154	
265.1084(b)(4)(iii)	

	

	
procedure to determine organic reduction efficiency for treated hazardous waste 	
154	
265.1084(b)(5)	

	

	
organic reduction efficiency shall be determined based on results for minimum of 3 consecutive runs	
154	
265.1084(b)(5)(i)	

	

	
all hazardous waste streams entering & exiting the treatment process shall be identified; owner/operator shall prepare sampling plan	
154	
265.1084(b)(5)(ii)	

	

	
for each run, information shall be determined for each hazardous waste stream identified in 265.1084(b)(5)(ii) using specified procedures	
154	
265.1084(b)(5)(iii)	

	

		
154	
265.1084(b)(5)(iii)(A)	

	

		
154	
265.1084(b)(5)(iii)(B)	

	

	
waste volatile organic mass flow entering & exiting the process shall be calculated using results determined in accordance with 265.1084(b)(5)(iii) & the specified equations	
154	
265.1084(b)(5)(iv)	

	

	
organic reduction efficiency of the process shall be calculated using results determined in accordance with 265.1084(b)(5)(iv) & the specified equations	
154	
265.1084(b)(5)(v)	

	

	
procedure to determine organic biodegradation efficiency for treated hazardous waste 	
154	
265.1084(b)(6)	

	

	
fraction of organics biodegraded shall be determined using the procedure in 40 CFR 63, appendix C	
154	
265.1084(b)(6)(i)	

	

	
organic biodegradation efficiency of the process shall be calculated using specified equation	
154	
265.1084(b)(6)(ii)	

	

	
procedure to determine required organic mass removal rate for treated hazardous waste 	
154	
265.1084(b)(7)	

	

	
all of hazardous waste streams entering treatment process shall be identified	
154	
265.1084(b)(7)(i)	

	

	
average VO concentration of each hazardous waste stream identified at point of origination shall be determined in accordance with 265.1084(a)	
154	
265.1084(b)(7)(ii)	

	

	
for each individual hazardous waste stream that has average VO concentration > 500 ppmw at point of origination, average volumetric flow rate & density of hazardous waste stream shall be determined	
154	
265.1084(b)(7)(iii)	

	

	
RMR shall be calculated using average VO concentration, average volumetric flow rate density determined for each hazardous waste stream, & specified equation	
154	
265.1084(b)(7)(iv)	

	

	
procedure to determine actual organic mass removal rate for treated hazardous waste	
154	
265.1084(b)(8)	

	

	
MR shall be determined based on results for minimum of 3 consecutive runs; sampling time for runs shall be 1 hour	
154	
265.1084(b)(8)(i)	

	

	
waste volatile organic mass flow entering & exiting the process shall be determined in accordance with 265.1084(b)(5)(iv)	
154	
265.1084(b)(8)(ii)	

	

	
MR shall be calculated by using the results determined in accordance with 265.1084(b)(8)(ii) & specified equation	
154,163	
265.1084(b)(8)(iii)	

	

	
procedure to determine actual organic mass biodegradation rate for treated hazardous waste	
154	
265.1084(b)(9)	

	

	
MR shall be determined based on results for minimum of 3 consecutive runs; sampling time for runs shall be 1 hour	
154	
265.1084(b)(9)(i)	

	

	
waste organic mass flow entering the process shall be determined in accordance with 265.1084(b)(5)(iv)	
154	
265.1084(b)(9)(ii)	

	

	
fraction of organic biodegraded shall be determined using procedure in 40 CFR 63, appendix C	
154	
265.1084(b)(9)(iii)	

	

	
actual organic mass biodegradation rate shall be calculated using mass flow rates & fraction of organic biodegraded determined in accordance with 265.1084(b)(9)(ii)&(iii) & specified equation	
154,163	
265.1084(b)(9)(iv)	

	

	
procedure to determine maximum organic vapor pressure of hazardous waste in a tank	
154	
265.1084(c)	

	

	
maximum organic vapor pressure shall be determined for each hazardous waste placed in a tank in accordance with Tank Level 1 controls in 265.1085(c)	
154	
265.1084(c)(1)	

	

	
direct measurement in 265.1084(c)(3) or knowledge of the waste as in 265.1084(c)(4) shall be used to determine maximum organic vapor pressure representative of hazardous waste composition stored or treated in the tank	
154	
265.1084(c)(2)	

	

	
direct measurement to determine maximum organic vapor pressure of hazardous waste	
154	
265.1084(c)(3)	

	

	
representative samples of waste contained in the tank shall be collected; samples shall be collected & handled in accordance with written procedures & documented in site sampling plan; what the plan shall describe; copy of the plan to be maintained on-site; example of acceptable plan in accordance with "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846	
154	
265.1084(c)(3)(i)	

	

	
any appropriate one of the specified methods may be used to analyze samples and compute the maximum organic vapor pressure	
154	
265.1084(c)(3)(ii)	

	

		
154	
265.1084(c)(3)(ii)(A)	

	

		
154	
265.1084(c)(3)(ii)(B)	

	

		
154	
265.1084(c)(3)(ii)(C)	

	

		
154	
265.1084(c)(3)(ii)(D)	

	

		
154	
265.1084(c)(3)(ii)(E)	

	

	
use of knowledge to determine the maximum organic vapor pressure of hazardous waste; documentation shall be prepared and recorded that presents basis for owner/operator's knowledge that maximum organic vapor pressure of hazardous waste is < that listed in 265.1085(b)(1)(i); examples of information that may be used	
154	
265.1084(c)(4)	

	

	
procedure for determining no detectable organic emissions:	
154	
265.1084(d)	

	

	
test shall be conducted in accordance with procedures in Method 21 of part 60, appendix A; each potential leak interface shall be checked; examples of potential leak interfaces that are associated with covers & closure devices 	
154	
265.1084(d)(1)	

	

	
test shall be performed when hazardous waste unit contains organic concentration representative of wastes expected to be managed; cover & closure devices shall be closed during test	
154	
265.1084(d)(2)	

	

	
detection instrument shall meet criteria of Method 21 of part 60, appendix A, except instrument response factor criteria shall be for average composition, not for each constituent 	
154	
265.1084(d)(3)	

	

	
detection instrument shall be calibrated before use each day by procedures in Method 21, part 60, appendix A	
154	
265.1084(d)(4)	

	

	
calibration gases shall be as follows:	
154	
265.1084(d)(5)	

	

	
zero air	
154	
265.1084(d)(5)(i)	

	

	
a mixture of methane or Bhexane and air at concentration < 10,000 ppmv methane or n-hexane	
154,163	
265.1084(d)(5)(ii)	

	

	
background level shall be determined according to Method 21 of part 60, appendix A 	
154	
265.1084(d)(6)	

	

	
each potential leak interface shall be checked by traversing the instrument probe around the leak as described in Method 21 of part 60, appendix A; what to do if sampling is impeded by cover or closure device configuration	
154	
265.1084(d)(7)	

	

	
arithmetic difference between maximum organic concentration shall be compared with value of 500 ppmv except when monitoring seal around a rotating shaft; if difference is < 500 ppmv, leak interface is determined to operate with no detectable organic emissions 	
154	
265.1084(d)(8)	

	

	
for seals around a rotating shaft, arithmetic difference between maximum organic concentration shall be compared with value of 10,000 ppmw; if difference is < 10,000 ppmw, leak interface is determined to operate with no detectable organic emissions	
154	
265.1084(d)(9)	

	

	
STANDARDS:  TANKS	

provisions of 265.1085 apply to control of air pollutant emissions from tanks for which 265.1083(b) references use of 265.1085 for such air emission control	
154	
265.1085(a)	

	

	
owner/operator shall control air pollutant emissions from each tank subject to 265.1085 in  accordance with the following:	
154	
265.1085(b)	

	

	
requirements for a tank that manages hazardous waste & meets conditions in 265.1085(b)(1)(i)-(iii)	
154	
265.1085(b)(1)	

	

	
hazardous waste in the tank has maximum organic vapor pressure < the limit for the tank's capacity category as specified	
154	
265.1085(b)(1)(i)	

	

		
154	
265.1085(b)(1)(i)(A)	

	

		
154	
265.1085(b)(1)(i)(B)	

	

		
154	
265.1085(b)(1)(i)(C)	

	

	
hazardous waste in the tank is not heated by owner/operator to temperature at which maximum organic vapor pressure is determined according to 265.1085(b)(1)(i)	
154	
265.1085(b)(1)(ii)	

	

	
hazardous waste in the tank is not treated by owner/operator using waste stabilization process, as in 265.1081	
154	
265.1085(b)(1)(iii)	

	

	
requirements for tanks that do not meet 265.1085(b)(1)(i)-(iii); examples	
154	
265.1085(b)(2)	

	

	
owners/operators controlling air pollutant emissions from a tank using Tank Level 1 controls shall meet requirements in 265.1085(c)(1)-(c)(4)	
154	
265.1085(c)	

	

	
owner/operator shall determine maximum organic vapor pressure for hazardous waste in tank using Tank Level 1 controls before placing waste in tank; maximum organic vapor pressure shall be determined using 265.1084(c); when determinations shall be performed	
154	
265.1085(c)(1)	

	

	
tank shall be equipped with fixed roof designed to meet the following:	
154	
265.1085(c)(2)	

	

	
roof & its closure devices shall form a barrier over the surface of hazardous waste in the tank; what constitutes a fixed roof	
154	
265.1085(c)(2)(i)	

	

	
installed without visible cracks, holes, gaps, or other open spaces between joints or edges	
154	
265.1085(c)(2)(ii)	

	

	
how each opening in the fixed roof, and any associated manifold shall be equipped with a closure device or connected by a closed-vent system	
154,163	
265.1085(c)(2)(iii)	

	

		
154	
265.1085(c)(2)(iii)(A)	

	

		
154,163	
265.1085(c)(2)(iii)(B)	

	

		
163	
265.1085(c)(2)(iii)(B)(1)	

	

		
163	
265.1085(c)(2)(iii)(B)(2)	

	

	
fixed roof & its closure devices shall consist of materials to minimize exposure of hazardous waste to the atmosphere & maintain integrity throughout service life; factors for selecting materials	
154	
265.1085(c)(2)(iv)	

	

	
whenever hazardous waste is in the tank, fixed roof shall be installed with closure device secured in closed position except:	
154	
265.1085(c)(3)	

	

	
opening of closure devices or removal of fixed roof is allowed to provide access or to remove accumulated sludge	
154	
265.1085(c)(3)(i)	

	

		
154	
265.1085(c)(3)(i)(A)	

	

		
154	
265.1085(c)(3)(i)(A)	

	

	
opening of pressure relief devices which vent to the atmosphere during normal operations to maintain internal pressure; designed to operate with no detectable emissions when closed; remain in closed position when internal pressure is within operating range determined by owner/operator; normal operating conditions	
154	
265.1085(c)(3)(ii)	

	

	
opening of safety device allowed to avoid unsafe condition	
154	
265.1085(c)(3)(iii)	

	

	
owner/operator shall inspect air emission control equipment as follows:	
154	
265.1085(c)(4)	

	

	
fixed roof & its closure devices shall be visually inspected for defects; examples	
154	
265.1085(c)(4)(i)	

	

	
initial inspection of fixed roof & closure devices on or before tank becomes subject to 265.1085; then at least once a year except under 265.1085(l)	
154	
265.1085(c)(4)(ii)	

	

	
in event of defect, it shall be repaired in accordance with 265.1085(k)	
154	
265.1085(c)(4)(iii)	

	

	
owner/operator shall maintain inspection record in accordance with 265.1090(b)	
154	
265.1085(c)(4)(iv)	

	

	
owners/operators controlling air pollutant emissions from a tank using Tank Level 2 controls shall use one of the following:	
154	
265.1085(d)	

	

	
fixed-roof tank equipped with internal floating roof in accordance with 265.1085(e);	
154	
265.1085(d)(1)	

	

	
tank equipped with external floating roof in accordance with 265.1085(f);	
154	
265.1085(d)(2)	

	

	
tank vented through a closed-vent system to a control device in accordance with 265.1085(g);	
154	
265.1085(d)(3)	

	

	
pressure tank designed & operated in accordance with 265.1085(h); or	
154	
265.1085(d)(4)	

	

	
tank inside enclosure vented through a closed-vent system to an enclosed combustion control device in accordance with 265.1085(i) 	
154	
265.1085(d)(5)	

	

	
owner/operator who controls emissions from a tank using a fixed-roof with internal floating roof shall meet requirements in 265.1085(e)(1)-(3)	
154	
265.1085(e)	

	

	
tank shall be equipped with a fixed roof & internal floating roof in accordance with the following:	
154	
265.1085(e)(1)	

	

	
internal floating roof shall be designed to float on liquid surface except when supported by leg supports	
154	
265.1085(e)(1)(i)	

	

	
internal floating roof shall be equipped with continuous seal that meets specified conditions 	
154	
265.1085(e)(1)(ii)	

	

		
154	
265.1085(e)(1)(ii)(A)	

	

		
154	
265.1085(e)(1)(ii)(B)	

	

	
the internal floating roof shall meet listed specifications	
154	
265.1085(e)(1)(iii)	

	

		
154	
265.1085(e)(1)(iii)(A)	

	

		
154	
265.1085(e)(1)(iii)(B)	

	

		
154	
265.1085(e)(1)(iii)(C)	

	

		
154	
265.1085(e)(1)(iii)(D)	

	

		
154	
265.1085(e)(1)(iii)(E)	

	

		
154	
265.1085(e)(1)(iii)(F)	

	

	
owner/operator shall operate the tank in accordance with the following:	
154	
265.1085(e)(2)	

	

	
when floating roof is resting on leg supports, filling, emptying, or refilling shall be continuous & completed as soon as practical	
154	
265.1085(e)(2)(i)	

	

	
automatic bleeder vents to be closed at all times when roof is floating, except when roof is being floated off or landed on leg supports 	
154	
265.1085(e)(2)(ii)	

	

	
prior to filling tank, each opening in internal floating roof shall be closed; rim space vents open only when internal floating roof is not floating or when pressure exceeds manufacturer's recommended setting 	
154	
265.1085(e)(2)(iii)	

	

	
owner/operator shall inspect internal floating roof in accordance with the following:	
154	
265.1085(e)(3)	

	

	
floating roof & its closure devices shall be visually inspected for defects which could result in air pollutant emissions; potential defects 	
154	
265.1085(e)(3)(i)	

	

	
owner/operator shall inspect internal floating roof components with visual inspections except as in 265.1085(e)(3)(iii)	
154	
265.1085(e)(3)(ii)	

	

		
154	
265.1085(e)(3)(ii)(A)	

	

		
154	
265.1085(e)(3)(ii)(B)	

	

	
as alternative to 265.1085(e)(3)(ii) inspections for internal floating roof equipped with two continuous seals, owner/operator may perform visual inspection each time tank is emptied & degassed & at least every 5 years	
154	
265.1085(e)(3)(iii)	

	

	
prior to 265.1085(e)(3)(ii) or (iii) inspections, owner/operator shall notify Regional Administrator in advance to allow for observer during inspection; notify of date & location of inspection	
154	
265.1085(e)(3)(iv)	

	

		
154	
265.1085(e)(3)(iv)(A)	

	

		
154	
265.1085(e)(3)(iv)(B)	

	

	
in event of defect, it shall be repaired in accordance with 265.1085(k)	
154	
265.1085(e)(3)(v)	

	

	
owner/operator shall maintain inspection record in accordance with 265.1090(b)	
154	
265.1085(e)(3)(vi)	

	

	
safety devices, as defined in 265.1081, may be installed and operated as necessary on tank complying with requirements of 265.1085(e)	
163	
265.1085(e)(4)	

	

	
owner/operator who controls emissions from tank using external floating roof shall meet requirements in 265.1085(f)(1)-(3)	
154	
265.1085(f)	

	

	
owner/operator shall design external floating roof in accordance with the following:	
154	
265.1085(f)(1)	

	

	
external floating roof shall be designed to float on liquid surface except when supported by leg supports	
154	
265.1085(f)(1)(i)	

	

	
floating roof shall be equipped with two continuous seals; lower seal is referred to as primary seal & upper seal as secondary seal	
154	
265.1085(f)(1)(ii)	

	

		
154	
265.1085(f)(1)(ii)(A)	

	

		
154	
265.1085(f)(1)(ii)(B)	

	

	
external floating roof shall meet certain specifications	
154	
265.1085(f)(1)(iii)	

	

		
154	
265.1085(f)(1)(iii)(A)	

	

		
154	
265.1085(f)(1)(iii)(B)	

	

		
154	
265.1085(f)(1)(iii)(C)	

	

		
154	
265.1085(f)(1)(iii)(D)	

	

		
154	
265.1085(f)(1)(iii)(E)	

	

		
154	
265.1085(f)(1)(iii)(F)	

	

		
154	
265.1085(f)(1)(iii)(G)	

	

		
154	
265.1085(f)(1)(iii)(H)	

	

		
154	
265.1085(f)(1)(iii)(I)	

	

	
owner/operator shall operate the tank in accordance with the following:	
154	
265.1085(f)(2)	

	

	
when floating roof is resting on leg supports, filling, emptying, or refilling shall be continuous & completed as soon as practical	
154	
265.1085(f)(2)(i)	

	

	
except for automatic bleeder vents, rim space vents, roof drains, & leg sleeves, each roof opening shall be secured & closed at all times except when closure device must be open for access 	
154	
265.1085(f)(2)(ii)	

	

	
covers on each access hatch & gauge float well shall be bolted or fastened when in closed position 	
154	
265.1085(f)(2)(iii)	

	

	
automatic bleeder vents to be closed at all times when roof is floating, except when roof is being floated off or landed on leg supports 	
154	
265.1085(f)(2)(iv)	

	

	
rim space vents shall be open only at times that roof is being floated off leg supports or when pressure beneath rim seal exceeds manufacturer's recommended setting	
154	
265.1085(f)(2)(v)	

	

	
rim space vents shall be open only at times that roof is being floated off leg supports or when pressure beneath rim seal exceeds manufacturer's recommended setting	
154	
265.1085(f)(2)(vi)	

	

	
cover on each gauge hatch or sample well shall be closed at all times except when hatch or well must be accessed	
154	
265.1085(f)(2)(vii)	

	

	
both primary & secondary seals shall completely cover annular space between external floating roof & tank wall in continuous fashion except during inspections	
154	
265.1085(f)(2)(viii)	

	

	
owner/operator shall inspect external floating roof in accordance with the following:	
154	
265.1085(f)(3)	

	

	
external floating roof shall meet certain specifications	
154	
265.1085(f)(3)(i)	

	

		
154	
265.1085(f)(3)(i)(A)	

	

		
154	
265.1085(f)(3)(i)(B)	

	

		
154	
265.1085(f)(3)(i)(C)	

	

		
154	
265.1085(f)(3)(i)(D)	

	

		
154	
265.1085(f)(3)(i)(D)(1)	

	

		
154	
265.1085(f)(3)(i)(D)(2)	

	

		
154	
265.1085(f)(3)(i)(D)(3)	

	

		
154,163	
265.1085(f)(3)(i)(D)(4)	

	

		
154	
265.1085(f)(3)(i)(E)	

	

		
154	
265.1085(f)(3)(i)(F)	

	

	
owner/operator shall visually inspect external floating roof in accordance with specified requirements	
154	
265.1085(f)(3)(ii)	

	

		
154	
265.1085(f)(3)(ii)(A)	

	

		
154	
265.1085(f)(3)(ii)(B)	

	

		
154	
265.1085(f)(3)(ii)(C)	

	

		
154	
265.1085(f)(3)(ii)(D)	

	

	
prior to 265.1085(f)(3)(i) or (ii) inspections, owner/operator shall notify Regional Administrator in advance to allow for observer present during inspection; and notify of date & location of inspection	
154	
265.1085(f)(3)(iii)	

	

		
154	
265.1085(f)(3)(iii)(A)	

	

		
154	
265.1085(f)(3)(iii)(B)	

	

		
154	
265.1085(f)(3)(iii)(C)	

	

	
safety devices, as defined in 265.1081, may be installed and operated as necessary on tank complying with requirements of 265.1085(f)	
163	
265.1085(f)(4)	

	

	
owner/operator who controls air pollutant emissions from a tank by venting to a control device shall meet requirements in 265.1085(g)(1)-(3)	
154	
265.1085(g)	

	

	
tank shall be covered by fixed roof & vented directly to a control device in accordance with the following:	
154	
265.1085(g)(1)	

	

	
fixed roof & its closure devices shall form a continuous barrier over liquid in tank	
154	
265.1085(g)(1)(i)	

	

	
each opening in fixed roof not vented to control device shall be equipped with a closure device; if pressure in vapor head space is < atmospheric pressure; if pressure in vapor head space is > atmospheric pressure	
154	
265.1085(g)(1)(ii)	

	

	
fixed roof & its closure devices shall be made of suitable materials that will minimize exposure to atmosphere & maintain integrity throughout service life; factors to consider when selecting materials	
154	
265.1085(g)(1)(iii)	

	

	
closed-vent system & control device shall be designed & operated in accordance with 265.1088	
154	
265.1085(g)(1)(iv)	

	

	
whenever hazardous waste is in the tank, fixed roof shall be installed with closure device secured in closed position except:	
154	
265.1085(g)(2)	

	

	
venting to control device is not required, & opening of closure device or removal of fixed roof is allowed in specified circumstances	
154	
265.1085(g)(2)(i)	

	

		
154	
265.1085(g)(2)(i)(A)	

	

		
154	
265.1085(g)(2)(i)(B)	

	

	
opening of safety device, as defined in 265.1081, is allowed any time to avoid unsafe condition	
154	
265.1085(g)(2)(ii)	

	

	
owner/operator shall inspect & monitor air emission control equipment as follows:	
154	
265.1085(g)(3)	

	

	
fixed roof & its closure devices shall be visually inspected for defects; examples	
154	
265.1085(g)(3)(i)	

	

	
closed-vent system & control device shall be inspected & monitored in accordance with 265.1088	
154	
265.1085(g)(3)(ii)	

	

	
perform initial inspection of air emission control equipment on or before the tank becomes subject to 265.1085; thereafter, at least once a year except under special conditions of 265.1085(l)	
154	
265.1085(g)(3)(iii)	

	

	
in event of defect, it shall be repaired in accordance with 265.1085(k)	
154	
265.1085(g)(3)(iv)	

	

	
owner/operator shall maintain inspection record in accordance with 265.1090(b)	
154	
265.1085(g)(3)(v)	

	

	
owner/operator who controls air pollutant emissions by using a pressure tank shall meet the following:	
154	
265.1085(h)	

	

	
tank shall not be designed to vent to atmosphere as result of compression in vapor head space during tank filling	
154	
265.1085(h)(1)	

	

	
tank openings shall be equipped with closure devices that operate with no detectable organic emissions as in 265.1084(d)	
154	
265.1085(h)(2)	

	

	
whenever hazardous waste is in the tank, it shall be operated as a closed system that does not vent to atmosphere under either of the following conditions as specified in paragraph (h)(3)(i) or (h)(3)(ii) of this section 	
154,177	
265.1085(h)(3)	

	

,	
when opening safety device is required to avoid unsafe condition	
154,177	
265.1085(h)(3)(i)	

	

	
when purging of inerts from tank is required and purge stream is routed to closed-vent system and control device designed and operated according to 265.1088	
177	
265.1085(h)(3)(ii)	

	

	
owner/operator who controls air pollutant emissions by using an enclosure vented through a closed-vent system to enclosed combustion control device shall meet requirements in 265.1085(i)(1)-(4) 	
154	
265.1085(i)	

	

	
tank shall be inside an enclosure; enclosure shall be designed & operated in accordance with 52.741, appendix B; allowance for openings; owner/ operator shall perform verification procedure as in Section 5.0 	
154	
265.1085(i)(1)	

	

	
enclosure shall be vented through a closed-vent system to enclosed combustion control device designed & operated in accordance with standards specified in 265.1088	
154	
265.1085(i)(2)	

	

	
safety devices, defined in 265.1081, may be installed & operated on any enclosure, closed-vent system, or control device used to comply with 265.1085(i)(1)-(2)	
154	
265.1085(i)(3)	

	

	
owner/operator shall inspect & monitor the closed-vent system & control device as in 265.1088	
154	
265.1085(i)(4)	

	

	
owner/operator shall transfer hazardous waste to tank subject to 265.1085 in accordance with the following: 	
154	
265.1085(j)	

	

	
transfer of hazardous waste, except as in 265.1085(j)(2), to tank from another tank subject to 265.1085 or from surface impoundment subject to 265.1086 shall use continuous hard-piping or another closed system; individual drain system	
154	
265.1085(j)(1)	

	

	
requirements of 265.1085(j)(1) do not apply when transferring hazardous waste to tank under following:	
154	
265.1085(j)(2)	

	

	
hazardous waste meets average VO concentration conditions in 265.1083(c)(1) at point of waste origination	
154	
265.1085(j)(2)(i)	

	

	
hazardous waste has been treated by organic destruction or removal process to meet 265.1083(c)(2) requirements	
154	
265.1085(j)(2)(ii)	

	

	
hazardous waste meets requirements of 265.1083(c)(4)	
163	
265.1085(j)(2)(iii)	

	

	
owner/operator shall repair each defect detected during inspections performed under 265.1085(c)(4), (e)(3), (f)(3), or (g)(3) as follows:	
154	
265.1085(k)	

	

	
owner/operator shall make first efforts at repair no later than 5 days after detection & repair shall be completed no later than 45 days after detection except as in 265.1085(k)(2)	
154	
265.1085(k)(1)	

	

	
repairs may be delayed beyond 45 days if repair would require emptying or temporary removal from service & no alternative tanks are available; owner/ operator shall repair defect as soon as tank stops operation; repair shall be completed before resuming operation 	
154	
265.1085(k)(2)	

	

	
after initial inspection & monitoring of cover pursuant to 265.1085, subsequent inspection & monitoring may be at intervals longer than 1 year under the following conditions:	
154	
265.1085(l)	

	

	
if inspecting or monitoring exposes worker to dangerous, hazardous, or other unsafe conditions, owner/operator may designate cover as unsafe & comply with the following: 	
154	
265.1085(l)(1)	

	

	
prepare written explanation	
154	
265.1085(l)(1)(i)	

	

	
develop & implement written plan & schedule to inspect & monitor	
154	
265.1085(l)(1)(ii)	

	

	
when a tank is buried partially or entirely underground, owner/ operator must inspect & monitor only portions of cover located on or above ground surface	
154	
265.1085(l)(2)	

	

	
STANDARDS:  SURFACE IMPOUNDMENTS	

provisions of 265.1086 apply to control of air pollutant emissions from surface impoundments for which 265.1083(b) references this section 	
154	
265.1086(a)	

	

	
owner/operator shall control air pollutant emissions from surface impoundment by installing & operating either:	
154	
265.1086(b)	

	

	
floating membrane cover in accordance with 265.1086(c); or	
154	
265.1086(b)(1)	

	

	
cover vented through a closed-vent system to a control device in accordance with 265.1086(d)	
154,163	
265.1086(b)(2)	

	

	
owner/operator who controls emissions from surface impoundment using a floating membrane cover shall meet requirements in 265.1086(c)(1)-(3)	
154	
265.1086(c)	

	

	
surface impoundment shall be equipped with a floating membrane cover designed to meet the following: 	
154	
265.1086(c)(1)	

	

	
designed to float on liquid surface during normal operations & form a continuous barrier	
154	
265.1086(c)(1)(i)	

	

	
cover shall be fabricated from synthetic membrane material with certain specifications	
154	
265.1086(c)(1)(ii)	

	

		
154	
265.1086(c)(1)(ii)(A)	

	

		
154	
265.1086(c)(1)(ii)(B)	

	

	
installed without visible cracks, holes, gaps, or open spaces between cover edges or foundation mountings	
154	
265.1086(c)(1)(iii)	

	

	
except as in 265.1086(c)(1)(v), openings in floating membrane cover shall be equipped with a closure device that does not allow for open spaces in closure device or between the opening & device	
154	
265.1086(c)(1)(iv)	

	

	
floating membrane cover may be equipped with emergency cover drains; drains shall be equipped with a slotted membrane fabric cover or flexible fabric sleeve seal	
154	
265.1086(c)(1)(v)	

	

	
closure devices shall consist of materials to minimize exposure of hazardous waste to atmosphere & maintain integrity throughout service life; factors to consider when selecting materials	
154	
265.1086(c)(1)(vi)	

	

	
whenever hazardous waste is in surface impoundment, floating membrane cover shall float on the liquid & each closure device in closed position except:	
154	
265.1086(c)(2)	

	

	
opening of closure devices or removal of cover is allowed to provide access to surface impoundment or to remove accumulated sludge	
154	
265.1086(c)(2)(i)	

	

		
154	
265.1086(c)(2)(i)(A)	

	

		
154	
265.1086(c)(2)(i)(B)	

	

	
opening of safety device is allowed to avoid unsafe condition	
154	
265.1086(c)(2)(ii)	

	

	
owner/operator shall inspect floating membrane cover as follows:	
154	
265.1086(c)(3)	

	

	
floating membrane cover & its closure devices shall be visually inspected for defects; examples	
154	
265.1086(c)(3)(i)	

	

	
perform initial inspection of floating membrane cover & closure devices on or before surface impoundment becomes subject to 265.1086; then at least once a year except under 265.1086(g)	
154	
265.1086(c)(3)(ii)	

	

	
in event of defect, it shall be repaired in accordance with 265.1086(f)	
154	
265.1086(c)(3)(iii)	

	

	
owner/operator shall maintain inspection record in accordance with 265.1090(c)	
154	
265.1086(c)(3)(iv)	

	

	
owner/operator who controls air pollutant emissions from surface impoundment using cover vented to a control device shall meet requirements in 265.1086(d)(1)-(3)	
154	
265.1086(d)	

	

	
surface impoundment covered & vented directly to a control device in accordance with the following:	
154	
265.1086(d)(1)	

	

	
cover & closure devices shall form a continuous barrier over liquid in surface impoundment 	
154	
265.1086(d)(1)(i)	

	

	
opening in cover not vented to control device equipped with closure device; if pressure in vapor head space is < atmospheric pressure; if pressure in vapor head space is > atmospheric pressure 	
154	
265.1086(d)(1)(ii)	

	

	
cover & closure devices shall be made of suitable materials to minimize exposure to atmosphere & maintain integrity throughout service life; factors to consider when selecting materials	
154,163	
265.1086(d)(1)(iii)	

	

	
closed-vent system & control device shall be designed & operated in accordance with 265.1088	
154	
265.1086(d)(1)(iv)	

	

	
whenever hazardous waste is in surface impoundment, the cover shall be installed with closure device in closed position except:	
154	
265.1086(d)(2)	

	

	
venting to control device is not required, & opening of closure device or removal of cover is allowed in specified circumstances	
154	
265.1086(d)(2)(i)	

	

		
154	
265.1086(d)(2)(i)(A)	

	

		
154,163	
265.1086(d)(2)(i)(B)	

	

	
opening of safety device, as in 265.1081, allowed to avoid unsafe condition	
154	
265.1086(d)(2)(ii)	

	

	
owner/operator shall inspect & monitor air emission control equipment as follows:	
154	
265.1086(d)(3)	

	

	
surface impoundment cover & closure devices shall be visually inspected for defects; examples	
154	
265.1086(d)(3)(i)	

	

	
closed-vent system & control device shall be inspected & monitored in accordance with 265.1088	
154	
265.1086(d)(3)(ii)	

	

	
initial inspection of air emission control equipment on or before surface impoundment becomes subject to 265.1086; then at least once a year except under 265.1086(g)	
154	
265.1086(d)(3)(iii)	

	

	
in event of defect, it shall be repaired in accordance with 265.1086(f)	
154	
265.1086(d)(3)(iv)	

	

	
owner/operator shall maintain inspection record in accordance with 265.1090(c)	
154	
265.1086(d)(3)(v)	

	

	
owner/operator shall transfer hazardous waste to surface impoundment subject to 265.1086 in accordance with:	
154	
265.1086(e)	

	

	
transfer of hazardous waste, except as in 265.1086(e)(2), to surface impoundment from another surface impoundment subject to 265.1086 or from tank subject to 265.1085 shall use continuous hard-piping or another closed system; what constitutes individual drain system	
154	
265.1086(e)(1)	

	

	
requirements of 265.1086(e)(1) do not apply when transferring hazardous waste to surface impoundment under the following:	
154	
265.1086(e)(2)	

	

	
hazardous waste meets average VO concentration conditions in 265.1083(c)(1) at point of waste origination	
154	
265.1086(e)(2)(i)	

	

	
hazardous waste has been treated by organic destruction or removal process to meet 265.1083(c)(2) requirements	
154	
265.1086(e)(2)(ii)	

	

	
hazardous waste meets requirements of 265.1083(c)(4)	
163	
265.1086(e)(2)(iii)	

	

	
owner/operator shall repair each defect detected during inspections performed in accordance with 265.1086(c)(3) or (d)(3) as follows:	
154	
265.1086(f)	

	

	
owner/operator shall make first efforts at repair no later than 5 days after detection; repair shall be completed no later than 45 days after detection except as in 265.1086(f)(2)	
154	
265.1086(f)(1)	

	

	
conditions under which repairs may be delayed beyond 45 days; owner/operator shall repair defect as soon as process generating hazardous waste in surface impoundment stops operation; repair completed before resuming operation 	
154	
265.1086(f)(2)	

	

	
following initial inspection & monitoring of the cover as required by Subpart CC, inspection & monitoring at intervals longer than 1 year under the following conditions: 	
154	
265.1086(g)	

	

	
written explanation stating why cover is unsafe, if required	
154	
265.1086(g)(1)	

	

	
develop & implement written plan & schedule to inspect & monitor cover	
154	
265.1086(g)(2)	

	

	
STANDARDS:  CONTAINERS	

	
provisions of 265.1087 apply to control of air pollutant emissions from containers for which 265.1083(b) references this section	
154	
265.1087(a)	

	

	
general requirements 	
154	
265.1087(b)	

	

	
owner/operator shall control air pollutant emissions from each container subject to 265.1087 in accordance with the following: 	
154	
265.1087(b)(1)	

	

	
for containers having design capacities > 0.1 m3 & < 0.46 m3, owner/operator shall control air pollutant emissions in accordance with Container Level 1 standards in 265.1087(c)	
154	
265.1087(b)(1)(i)	

	

	
for containers having design capacities > 0.46 m3 not in light material service, owner/operator shall control air pollutant emissions in accordance with Container Level 1 standards in 265.1087(c)	
154	
265.1087(b)(1)(ii)	

	

	
for containers having design capacities > 0.46 m3 that are in light material service, owner/operator shall control air pollutant emissions in accordance with Container Level 2 standards in 265.1087(d)	
154	
265.1087(b)(1)(iii)	

	

	
when containers with design capacities > 0.1 m3 are used for treatment of hazardous waste by waste stabilization process, owner/operator shall control air pollutant emissions in accordance with Container Level 3 standards in 265.1087(e)	
154	
265.1087(b)(2)	

	

	
Container Level 1 standards	
154	
265.1087(c)	

	

	
using Container Level 1 controls is one of following:	
154	
265.1087(c)(1)	

	

	
meets applicable U.S. DOT regulations on packaging for transportation as in 265.1087(f)	
154	
265.1087(c)(1)(i)	

	

	
equipped with cover & closure devices that form a continuous barrier over openings such that no open spaces into interior of container are visible 	
154	
265.1087(c)(1)(ii)	

	

	
open-top container in which organic-vapor suppressing barrier is used such that no hazardous waste is exposed; example	
154	
265.1087(c)(1)(iii)	

	

	
container used to meet requirements of 265.1087(c)(1)(ii) or (c)(1)(iii) shall be equipped with covers & closure devices composed of materials to minimize exposure of hazardous waste to the atmosphere & to maintain equipment integrity; factors to consider in selecting materials 	
154	
265.1087(c)(2)	

	

	
when using Container Level 1 controls, owner/operator shall install covers & closure devices and secure & maintain them in closed position except:	
154	
265.1087(c)(3)	

	

	
opening of closure device or cover is allowed to add hazardous waste or other material as specified	
154	
265.1087(c)(3)(i)	

	

		
154	
265.1087(c)(3)(i)(A)	

	

		
154	
265.1087(c)(3)(i)(B)	

	

	
opening of closure device or cover is allowed to remove hazardous waste as specified	
154	
265.1087(c)(3)(ii)	

	

		
154	
265.1087(c)(3)(ii)(A)	

	

		
154	
265.1087(c)(3)(ii)(B)	

	

	
opening of closure device or cover is allowed when access is needed to perform routine activities other than transfer hazardous waste; examples; after activity, promptly secure closure device or reinstall cover	
154	
265.1087(c)(3)(iii)	

	

	
opening of pressure relief devices allowed during normal operations to maintain internal pressure in accordance with container design; device shall operate with no detectable organic emissions when closed; settings at which device opens shall allow device to remain in closed position when internal pressure is within operating range; examples	
154	
265.1087(c)(3)(iv)	

	

	
opening of safety device, as defined in 265.1081, is allowed any time conditions require it to avoid unsafe condition	
154	
265.1087(c)(3)(v)	

	

	
inspect containers & their covers & closure devices as follows:	
154	
265.1087(c)(4)	

	

	
if hazardous waste is present in container when owner/operator first accepts possession & container is not emptied within 24 hours, it shall be visually inspected on or before date that container accepted at facility; date of acceptance; if defect is detected, owner/operator shall repair in accordance with 265.1087(c)(4)(iii) 	
154,163	
265.1087(c)(4)(i)	

	

	
if container remains at the facility for 1 year or more, owner/operator shall inspect it & its cover & closure devices initially & thereafter, at least every 12 months; if defect is detected, owner/operator shall repair in accordance with 265.1087(c)(4)(iii)	
154	
265.1087(c)(4)(ii)	

	

	
when defect is detected, owner/ operator shall make repair no later than 24 hours after detection & complete no later than 5 days after detection; if repair cannot be completed within 5 days, hazardous waste shall be removed, & container not used until repaired	
154	
265.1087(c)(4)(iii)	

	

	
owner/operator shall maintain a copy of the procedure used to determine that containers with 0.46 m3 or greater capacity are not managing hazardous waste in light material service 	
154	
265.1087(c)(5)	

	

	
Container Level 2 standards	
154	
265.1087(d)	

	

11	
container using Container Level 2 controls is one of following:	
154	
265.1087(d)(1)	

	

	
meets applicable U.S. DOT regulations on packaging for transportation as in 265.1087(f)	
154	
265.1087(d)(1)(i)	

	

	
container that operates with no detectable organic emissions in accordance 265.1087(g)	
154	
265.1087(d)(1)(ii)	

	

	
container that has been demonstrated to be vapor-tight by using part 60, appendix A, Method 27 in accordance with 265.1087(h)	
154	
265.1087(d)(1)(iii)	

	

	
transfer of hazardous waste shall minimize exposure to atmosphere, to extent practical; examples that meet 265.1087(d)(2)	
154	
265.1087(d)(2)	

	

	
owner/operator shall install covers & closure devices and secure & maintain them in closed position except:	
154	
265.1087(d)(3)	

	

	
opening of closure device or cover is allowed to add hazardous waste or other material as follows	
154	
265.1087(d)(3)(i)	

	

		
154	
265.1087(d)(3)(i)(A)	

	

		
154	
265.1087(d)(3)(i)(B)	

	

	
opening of closure device or cover is allowed to remove hazardous waste as follows	
154	
265.1087(d)(3)(ii)	

	

		
154	
265.1087(d)(3)(ii)(A)	

	

		
154	
265.1087(d)(3)(ii)(B)	

	

	
opening of closure device or cover allowed when access needed to perform routine activities other than transfer; examples; after activity, promptly secure closure device or reinstall cover	
154	
265.1087(d)(3)(iii)	

	

	
opening of pressure relief devices allowed during normal operations to maintain internal pressure in accordance with container design; device shall operate with no detectable organic emissions when in closed position; settings at which device opens shall allow device to remain in closed position when internal pressure is within operating range; examples	
154	
265.1087(d)(3)(iv)	

	

	
opening of safety device, as defined in 265.1081, is allowed any time conditions require it to avoid unsafe condition	
154	
265.1087(d)(3)(v)	

	

	
owner/operator shall inspect containers & their covers & closure devices as follows:	
154	
265.1087(d)(4)	

	

	
if hazardous waste is present in container when owner/operator first accepts possession & container is not emptied within 24 hours, it shall be visually inspected on or before date that container accepted at facility; date of acceptance; if defect detected, owner/operator shall repair in accordance with 265.1087(d)(4)(iii)	
154,163	
265.1087(d)(4)(i)	

	

	
if container remains at the facility for 1 year or more, owner/operator shall inspect it & its cover & closure devices initially & thereafter, at least every 12 months to check for open spaces into its interior; if defect is detected, owner/operator shall repair in accordance with 265.1087(d)(4)(iii)	
154	
265.1087(d)(4)(ii)	

	

	
when defect is detected, owner/operator shall make efforts at repair no later than 24 hours after detections & complete it as soon as possible but no later than 5 days after detection; if repair cannot be completed within 5 days, hazardous waste shall be removed, & container shall not be used until repaired	
154	
265.1087(d)(4)(iii)	

	

	
Container Level 3 standards	
154	
265.1087(e)	

	

11	
container using Container Level 3 controls is one of following:	
154	
265.1087(e)(1)	

	

	
container that is vented through a closed-vent system to a control device in accordance with 265.1087(e)(2)(ii)	
154	
265.1087(e)(1)(i)	

	

	
container that is vented inside an enclosure which is exhausted through closed-vent system to a control device in accordance with 265.1087(e)(2)(i)-(ii)	
154	
265.1087(e)(1)(ii)	

	

	
owner/operator shall meet the following, as applicable:	
154	
265.1087(e)(2)	

	

	
container enclosure shall be designed & operated in accordance with 52.741, appendix B; allowance for openings; verification procedure as in ' 5.0 	
154	
265.1087(e)(2)(i)	

	

	
closed-vent system & control device shall be designed & operated in accordance with 265.1088	
154	
265.1087(e)(2)(ii)	

	

	
safety devices, in 265.1081, may be installed & operated on any container, enclosure, closed-vent system, or control device used to comply with 265.1087 (e)(1)	
154	
265.1087(e)(3)	

	

	
owner/operator shall inspect & monitor closed-vent system & control devices as in 265.1088	
154	
265.1087(e)(4)	

	

	
owners/operators shall prepare & maintain records specified in 265.1090(d)	
154	
265.1087(e)(5)	

	

	
transfer of hazardous waste in or out of container using Container Level 3 controls shall be conducted to minimize exposure to atmosphere; examples of acceptable container loading procedures	
177	
265.1087(e)(6)	

	

	
for purpose of 265.1087(c)(1)(i) or (d)(1)(i) compliance, containers shall meet applicable U.S. DOT regulations on packaging for transportation as follows:	
154	
265.1087(f)	

	

	
meets applicable requirements in 49 CFR part 178 or 49 CFR part 179	
154	
265.1087(f)(1)	

	

	
hazardous waste managed in container in accordance with 49 CFR part 107, subpart B; 49 CFR part 172; 49 CFR part 173; & 49 CFR part 180	
154	
265.1087(f)(2)	

	

	
no exceptions to the 49 CFR part 178 or 179 regulations are allowed except as in 265.1087(f)(4)	
154	
265.1087(f)(3)	

	

	
for lab pack managed in accordance with 49 CFR part 178, owner/ operator may comply with exceptions for combination packagings specified in 49 CFR 173.12(b)	
154	
265.1087(f)(4)	

	

	
to determine compliance with 265.1087(d)(1)(ii), procedure specified in 265.1084(d) shall be used	
154,163	
265.1087(g)	

	

	
each potential leak interface on container, its cover, & closure devices shall be checked; examples	
154	
265.1087(g)(1)	

	

	
test performed when container is filled with material expected to be managed in this container; during test, container cover & closure devices shall be closed 	
154	
265.1087(g)(2)	

	

	
procedure for determining container to be vapor-tight using Method 27 of part 60, appendix A to comply with 265.1087(d)(1)(iii)	
154	
265.1087(h)	

	

	
test performed in accordance with Method 27 of part 60, appendix A 	
154	
265.1087(h)(1)	

	

	
pressure measurement device shall be used with precision of "2.5mm water & capable of measuring above that used for vapor pressure tightness	
154	
265.1087(h)(2)	

	

	
if test results indicate container sustains pressure charge < 750 Pascals, then it's determined to be vapor-tight	
154	
265.1087(h)(3)	

	

	
STANDARDS:  CLOSED-VENT SYSTEMS AND CONTROL DEVICES	

	
265.1088 applies to each closed-vent system & control device installed & operated to control air emissions	
154	
265.1088(a)	

	

	
closed-vent system shall meet following requirements:	
154	
265.1088(b)	

	

	
route gases, vapors, & fumes to control device that meets requirements in 265.1088(c)	
154	
265.1088(b)(1)	

	

	
designed & operated in accordance with 265.1033(j)	
154	
265.1088(b)(2)	

	

	
if system includes bypass devices, each device shall be equipped with a flow indicator or seal or locking device; for purposes of 265.1088(b)(3)(i) or (ii), other fittings are not bypass devices	
154	
265.1088(b)(3)	

	

	
if flow indicator is used to comply with 265.1088(b)(3), it shall be installed at inlet to the bypass line; flow indicator is a device which indicates gas or vapor flow	
154	
265.1088(b)(3)(i)	

	

	
if seal or locking device is used to comply with 265.1088(b)(3), it shall be placed such that bypass device cannot be opened without breaking the seal or removing the lock; examples; inspect seal or closure mechanism at least once a month	
154	
265.1088(b)(3)(ii)	

	

	
closed-vent system shall be inspected & monitored by owner/ operator in accordance with 265.1033(k)	
154	
265.1088(b)(4)	

	

	
control device shall meet following requirements:	
154	
265.1088(c)	

	

	
control device shall be one of following devices:	
154	
265.1088(c)(1)	

	

	
control device designed & operated to reduce by at least 95% total organic content of inlet vapor stream 	
154	
265.1088(c)(1)(i)	

	

	
enclosed combustion device designed & operated in accordance with 265.1033(c)	
154	
265.1088(c)(1)(ii)	

	

	
flare designed & operated in accordance with 265.1033(d)	
154	
265.1088(c)(1)(iii)	

	

	
owner/operator who use closed-vent system & control device to comply with 265.1088 shall comply with 265.1088(c)(2)(i)-(c)(2)(vi)	
154	
265.1088(c)(2)	

	

	
periods of planned routine maintenance of the control device, during which 265.1088 (c)(1)(i)-(iii) are not met, shall not exceed 240 hours/year 	
154	
265.1088(c)(2)(i)	

	

	
requirements in 265.1088(c)(1)(i)-(iii) do not apply during planned routine maintenance	
154	
265.1088(c)(2)(ii)	

	

	
requirements in 265.1088(c)(1)(i)-(iii) do not apply during control device system malfunction	
154	
265.1088(c)(2)(iii)	

	

	
owner/operator shall demonstrate compliance with 265.1088(c)(2)(i) by recording information in 265.1090(e)(1)(v) 	
154	
265.1088(c)(2)(iv)	

	

	
owner/operator shall correct control device system malfunctions as soon as practicable to minimize excess air pollutant emissions	
154	
265.1088(c)(2)(v)	

	

	
owner/operator shall operate closed-vent system such that gases, vapors, or fumes are not vented to control device during maintenance or malfunction except when it is necessary	
154	
265.1088(c)(2)(vi)	

	

	
owner/operator using carbon adsorption system shall operate & maintain control device in accordance with following requirements:	
154	
265.1088(c)(3)	

	

	
following initial startup, all activated carbon shall be replaced with fresh carbon regularly in accordance with 265.1033(g) or (h)	
154	
265.1088(c)(3)(i)	

	

	
carbon that is hazardous waste and that is removed from control device shall be managed in accordance with 265.1033(m), regardless of average volatile organic concentration of carbon	
154,163	
265.1088(c)(3)(ii)	

	

	
owner/operator using control device other than a thermal vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system shall operate & maintain in accordance with 265.1033(i)	
154	
265.1088(c)(4)	

	

	
demonstrate that control device achieves performance requirements of 265.1088(c)(1) as follows:	
154	
265.1088(c)(5)	

	

	
demonstration using performance test as in 265.1088(c)(5)(iii) or design analysis as in 265.1088(c)(5)(iv) for each control device except for following:	
154	
265.1088(c)(5)(i)	

	

	
a flare	
154	
265.1088(c)(5)(i)(A)	

	

	
boiler or process heater with design input capacity of 44 megawatts or greater	
154	
265.1088(c)(5)(i)(B)	

	

	
boiler or process heater into which vent system is introduced with the primary fuel	
154	
265.1088(c)(5)(i)(C)	

	

	
boiler or industrial furnace burning hazardous waste for which owner or operator has been issued a final permit and has designed and operates the unit in accordance with 266, Subpart H	
154	
265.1088(c)(5)(i)(D)	

	

	
a boiler or industrial furnace burning hazardous waste for which owner or operator has designed and operates the unit in accordance with interim status requirements of 266, Subpart H	
154	
265.1088(c)(5)(i)(E)	

	

	
owner/operator shall demonstrate performance of each flare in accordance with 265.1033(e)	
154	
265.1088(c)(5)(ii)	

	

	
for a performance test, owner/operator shall use test methods & procedures in 265.1034(c)(1)-(4)	
154	
265.1088(c)(5)(iii)	

	

	
design analysis shall meet requirements specified in 265.1035(b)(4)(iii)	
154	
265.1088(c)(5)(iv)	

	

	
owner/operator shall demonstrate that a carbon adsorption system achieves 265.1088(c)(1) performance requirements	
154	
265.1088(c)(5)(v)	

	

	
if owner/operator & Regional Administrator do not agree on a demonstration of control device performance using design analysis, then disagreement shall be resolved using performance test in accordance with 265.1088(c)(5)(iii); Regional Administrator may choose authorized representative to observe the test	
154	
265.1088(c)(6)	

	

	
closed-vent system and control device shall be inspected & monitored by owner/operator in accordance with 265.1033(f)(2) & 265.1033(k); readings from each monitoring device inspected at least once each day; any necessary corrective measures immediately implemented	
154,163	
265.1088(c)(7)	

	

	
INSPECTION AND MONITORING REQUIREMENTS	

	
owner/operator shall inspect & monitor air emission control equipment in accordance with 265.1085-1088	
154	
265.1089(a)	

	

	
owner/operator shall develop & implement a written plan & schedule to perform inspections & monitoring required by 265.1089(a); incorporate plan into facility inspection plan under 265.15	
154	
265.1089(b)	

	

	
RECORD KEEPING REQUIREMENTS	

	
owners/operator subject to 265, Subpart CC shall record & maintain information specified in 265.1090(b)-(j); with exception, records shall be maintained for at least 3 years; documentation maintained until air emission control equipment is replaced; information required by 265.1090(i)&(j) shall be maintained as long as the waste management units not using air emission controls in 264.1085-264.1088	
154,163	
265.1090(a)	

	

	
owner/operator of a tank using air emission controls in accordance with 265.1085 shall prepare & maintain records that include:	
154	
265.1090(b)	

	

	
for tank using air emission controls in accordance with 264.1085, owner/ operator shall record: 	
154	
265.1090(b)(1)	

	

	
tank ID number	
154	
265.1090(b)(1)(i)	

	

	
record for each inspection required by 265.1085 that includes the inspection date & other information for defects detected 	
154	
265.1090(b)(1)(ii)	

	

		
154	
265.1090(b)(1)(ii)(A)	

	

		
154,163	
265.1090(b)(1)(ii)(B)	

	

	
owner/operator shall record the following information, as applicable to the tank: 	
154	
265.1090(b)(2)	

	

	
owner/operator using a fixed roof shall prepare & maintain records for each maximum organic vapor pressure determination in accordance with 265.1085(c); date & time of sample collection, analysis method, & results	
154	
265.1090(b)(2)(i)	

	

	
owner/operator using internal floating roof shall prepare & maintain documentation describing design	
154	
265.1090(b)(2)(ii)	

	

	
owners/operators using external floating roof shall prepare & maintain documentation & records for specified items	
154	
265.1090(b)(2)(iii)	

	

		
154	
265.1090(b)(2)(iii)(A)	

	

		
154	
265.1090(b)(2)(iii)(B)	

	

	
each owner/operator using an enclosure shall prepare & maintain specified records	
154	
265.1090(b)(2)(iv)	

	

		
154	
265.1090(b)(2)(iv)(A)	

	

		
154	
265.1090(b)(2)(iv)(B)	

	

	
owner/operator of surface impoundment using air emission controls in accordance with 265.1086 shall prepare & maintain records that include:	
154	
265.1090(c)	

	

	
surface impoundment ID number 	
154	
265.1090(c)(1)	

	

	
documentation describing floating membrane cover that includes description of cover design, & certification that cover meets specifications in 265.1086(c)	
154	
265.1090(c)(2)	

	

	
record for each inspection required by 265.1086 that includes:	
154	
265.1090(c)(3)	

	

	
date inspection was conducted	
154	
265.1090(c)(3)(i)	

	

	
for each defect detected during inspection: location, description, date & corrective action; if repair is delayed, owner/operator shall record reason & date of expected repair	
154	
265.1090(c)(3)(ii)	

	

	
for surface impoundment equipped with cover & vented through a closed-vent system to a control device, owner/operator shall prepare & maintain records specified in 265.1090(e)	
154	
265.1090(c)(4)	

	

	
owner/operator of containers using Container Level 3 air emission controls in accordance with 265.1087 shall prepare & maintain records that include following:	
154	
265.1090(d)	

	

	
records for most recent calculations & measurements to verify enclosure meets criteria of permanent total enclosure as in "Procedure T", 40 CFR 52.741, appendix B	
154	
265.1090(d)(1)	

	

	
records required for closed-vent system & control device in accordance with 265.1090(e)	
154	
265.1090(d)(2)	

	

	
owner/operator using closed-vent system & control device in accordance with 265.1088 shall prepare & maintain records that include:	
154	
265.1090(e)	

	

	
documentation that includes:	
154	
265.1090(e)(1)	

	

	
certification signed & dated by owner/ operator stating control device is designed to operate at performance level when unit operating at capacity 	
154	
265.1090(e)(1)(i)	

	

	
specified design documentation if design analysis is used; include description of control device design in accordance with 265.1035(b)(4)(iii) & certification by owner/operator that control equipment meets applicable specifications 	
154	
265.1090(e)(1)(ii)	

	

	
performance test plan & all test results, if performance tests are used	
154	
265.1090(e)(1)(iii)	

	

	
information as required by 265.1035(c)(1)-(2)	
154	
265.1090(e)(1)(iv)	

	

	
owner/operator shall record on semiannual basis, information specified in 265.1090(e)(1)(v)(A)-(B) for planned routine maintenance operations requiring control devices not to meet 265.1088(c)(1)(i)-(iii) requirements	
154	
265.1090(e)(1)(v)	

	

		
154	
265.1090(e)(1)(v)(A)	

	

		
154	
265.1090(e)(1)(v)(B)	

	

	
owner/operator shall record information specified in 265.1090(e)(1)(vi)(A)-(C) for unexpected control device system malfunctions 	
154	
265.1090(e)(1)(vi)	

	

		
154	
265.1090(e)(1)(vi)(A)	

	

		
154	
265.1090(e)(1)(vi)(B)	

	

		
154	
265.1090(e)(1)(vi)(C)	

	

	
management records of carbon removed from carbon adsorption system conducted in accordance with 265.1088(c)(3)(ii)	
154	
265.1090(e)(1)(vii)	

	

	
owner/operator of a tank, surface impoundment, or container exempted from standards in accordance with 265.1083(c) shall prepare & maintain the following records:	
154	
265.1090(f)	

	

	
if exempted under 265.1083(c)(1) or 265.1083(c)(2)(i)-(vi), owner/operator shall record information used for each waste determination in operating log; if waste sample results are used for determination, date, time, & location shall be recorded in accordance with 265.1084	
154,163	
265.1090(f)(1)	

	

	
if exempted under 265.1083(c)(2)(vii) or (viii), owner/operator shall record ID number for incinerator, boiler, or industrial furnace in which hazardous waste is treated	
154	
265.1090(f)(2)	

	

	
owner/operator designating a cover as "unsafe to inspect & monitor" shall record in facility log: ID numbers, explanations, & inspection plans & schedules	
154	
265.1090(g)	

	

	
owners or operators subject to 265, Subpart CC and to control device standards in 40 CFR Part 60, Subpart VV or 40 CFR 61, Subpart V may demonstrate compliance by documentation pursuant to those subparts to extent it duplicates that required by 265.1090	
154	
265.1090(h)	

	

	
in accordance with 265.1080(d), for tank or container not using air emissions controls specified in 265.1085 through 265.1088, owner or operator shall record and maintain the following information:	
154	
265.1090(i)	

	

	
list of individual organic peroxide compounds manufactured at facility that meet conditions in 265.1080(d)(1)	
154	
265.1090(i)(1)	

	

	
description of how hazardous waste containing organic peroxide compounds identified in 265.1090(i)(1) are managed; description shall include:	
154	
265.1090(i)(2)	

	

	
for tanks, sufficient information provided to describe each tank: facility tank ID number, purpose and placement of tank in the management train, and procedures used to ultimately dispose of hazardous waste	
154	
265.1090(i)(2)(i)	

	

	
for containers, sufficient information provided to describe: facility container ID number for each container or group of containers, purpose and placement of container(s) in management train, and procedures used to ultimately dispose of hazardous waste	
154	
265.1090(i)(2)(ii)	

	

	
why managing hazardous waste containing organic peroxide compounds identified in 265.1090(i)(1) would create an undue safety hazard if specified air emission controls are installed and operated; include following information: 	
154	
265.1090(i)(3)	

	

	
for tanks, sufficient information to explain how required air emission controls would affect design features and facility operating procedures currently used, and why installation of safety devices will not address situations in which evacuation necessary	
154	
265.1090(i)(3)(i)	

	

	
for containers, sufficient information to explain how required air emission controls would affect design features and handling procedures currently used, and why installation of safety devices under Subpart CC will not address situations in which evacuation is necessary	
154	
265.1090(i)(3)(ii)	

	

	
for each hazardous waste management unit not using air emission controls specified in 265.1085 through 265.1088 in accordance with 265.1080(b)(7), owner and operator shall record and maintain the following information:	
163	
265.1090(j)	

	

	
certification that waste management unit is equipped with and operating air emission controls in accordance with requirements under 40 CFR part 60, part 61, or part 63	
163	
265.1090(j)(1)	

	

	
identification of specific requirements codified under 40 CFR part 60, part 61, or part 63 with which unit is in compliance	
163	
265.1090(j)(2)	

	

	
SUBPART DD - CONTAINMENT BUILDINGS	

APPLICABILITY	

applies to owners/operators storing or treating hazardous waste in units designed and operated under 265.1101; effective February 18, 1993, but may notify Regional Administrator of earlier time; not subject to definition of land disposal in RCRA 3004(k) provided unit:	
109	
265.1100	

	

	
is a completely enclosed, self supporting structure designed and constructed as specified	
109	
265.1100(a)	

	

	
has a primary barrier designed to withstand movement of personnel and handling equipment within unit	
109	
265.1100(b)	

	

	
if used to manage liquids:	
109	
265.1100(c)	

	

	
primary barrier designed and constructed to prevent migration of hazardous constituents into barrier	
109	
265.1100(c)(1)	

	

	
liquid collection system to minimize accumulation of liquid on primary barrier	
109	
265.1100(c)(2)	

	

	
secondary containment system to prevent hazardous constituent migration into barrier; leak detection and liquid collection as specified; variance under 265.1101(b)(4)	
109	
265.1100(c)(3)	

	

	
controls to prevent fugitive dust emissions	
109	
265.1100(d)	

	

	
designed and operated to ensure containment and prevent tracking of materials from unit by personnel or equipment	
109	
265.1100(e)	

	

	
DESIGN AND OPERATING STANDARDS	

all containment buildings must comply with following design standards:	
109	
265.1101(a)	

	

	
completely enclosed as specified	
109	
265.1101(a)(1)	

	

	
design and construction of floor, containment walls and secondary containment system; unit of sufficient structural strength to prevent collapse or failure; chemically compatible surfaces; standards for judging structural integrity requirements; when exception for light-weight doors and windows will apply:	
109	
265.1101(a)(2)	

	

	
provide effective barrier against fugitive dust emissions under 265.1101(c)(1)(iv)	
109	
265.1101(a)(2)(i)	

	

	
unit designed and operated so that wastes do not contact openings	
109	
265.1101(a)(2)(ii)	

	

	
no placement of incompatible wastes or treatment reagents that could cause unit or secondary containment system to leak, corrode or otherwise fail	
109	
265.1101(a)(3)	

	

	
must have primary barrier designed to withstand movement of personnel, waste and handling equipment in unit during unit operating life, as appropriate for waste characteristics	
109	
265.1101(a)(4)	

	

	
requirements for hazardous waste containing free liquids or treated with free liquids:	
109	
265.1101(b)	

	

	
primary barrier to prevent migration of hazardous constituents into the barrier	
109	
265.1101(b)(1)	

	

	
liquid collection and removal system to prevent accumulation of liquid on primary barrier:	
109	
265.1101(b)(2)	

	

	
primary barrier sloped to drain liquids to collection system	
109	
265.1101(b)(2)(i)	

	

	
liquids and waste collected and removed to minimize hydraulic head on containment system at earliest practicable time to protect human health and environment	
109	
265.1101(b)(2)(ii)	

	

	
secondary containment system to prevent hazardous constituent migration into barrier; leak detection and liquid collection as specified	
109	
265.1101(b)(3)	

	

	
what must be installed at a minimum to satisfy leak detection component of secondary containment system	
109	
265.1101(b)(3)(i)	

	

	
construct with 1% or greater bottom slope	
109	
265.1101(b)(3)(i)(A)	

	

	
granular, synthetic, or geonet drainage materials as specified	
109	
265.1101(b)(3)(i)(B)	

	

	
if treatment conducted in building, treatment area designed to prevent releases to other portions of building	
109	
265.1101(b)(3)(ii)	

	

	
secondary containment construction materials specifications; requirements for use of containment building as tank secondary containment system	
109	
265.1101(b)(3)(iii)	

	

	
for existing units other than 90-day generator units, Regional Administrator delay of secondary containment requirement if demonstrated that unit substantially meets Subpart DD standards; for demonstration, owner/operator must:	
109	
265.1101(b)(4)	

	

	
provide written notice by February 18, 1993; what notice must contain	
109	
265.1101(b)(4)(i)	

	

	
respond to Regional Administrator comments within 30 days	
109	
265.1101(b)(4)(ii)	

	

	
if approved, fulfill terms of revised plans	
109	
265.1101(b)(4)(iii)	

	

	
owners and operators of all containment buildings must:	
109	
265.1101(c)	

	

	
use controls and practices to ensure containment of hazardous waste within unit; at a minimum:	
109	
265.1101(c)(1)	

	

	
maintain primary barrier as specified	
109	
265.1101(c)(1)(i)	

	

	
maintain level of stored/treated hazardous waste as specified	
109	
265.1101(c)(1)(ii)	

	

	
take measures to prevent tracking of hazardous waste out of unit; equipment decontamination area; rinsate collection and management	
109	
265.1101(c)(1)(iii)	

	

	
take measures to control fugitive dust emissions; maintain particulate collection devices as specified; when "no visible emissions" must be maintained	
109	
265.1101(c)(1)(iv)	

	

	
certification by qualified registered professional engineer; for units in operation prior to February 18, 1993, certification placed in operating record or on-site files no later than 60 days after date of initial operation; after February 18, 1993, PE certification required prior to operation of unit	
109	
265.1101(c)(2)	

	

	
prompt repairs of unit throughout active life, according to the following procedures:	
109	
265.1101(c)(3)	

	

	
detection of condition that has led to a release; leakage from primary barrier; owner or operator must:	
109	
265.1101(c)(3)(i)	

	

	
enter record of discovery in facility operating record	
109	
265.1101(c)(3)(i)(A)	

	

	
immediately remove portion of containment building affected by the condition from service	
109	
265.1101(c)(3)(i)(B)	

	

	
determine steps to be taken for repair; remove leakage from secondary collection system and establish schedule for cleanup and repairs	
109	
265.1101(c)(3)(i)(C)	

	

	
within 7 days, notify Regional Administrator of condition; within 14 working days, provide written notice to Regional Administrator; what written notice must include	
109	
265.1101(c)(3)(i)(D)	

	

	
Regional Administrator must review notice, determine extent to which unit must be removed from service during repairs, and notify owner/operator of determination and rationale in writing	
109	
265.1101(c)(3)(ii)	

	

	
written notification of Regional Administrator on completion of repair and cleanup; verification by a qualified, registered professional engineer that repairs and cleanup are in compliance with 265.1101(c)(3)(i)(D) plan	
109	
265.1101(c)(3)(iii)	

	

	
what must be inspected and recorded in facility's operating records, at least once every seven days	
109	
265.1101(c)(4)	

	

	
for containment building that contains both areas with and without secondary containment, the owner/operator must:	
109	
265.1101(d)	

	

	
design and operate each area in accordance with 265.1101(a)-(c) requirements	
109	
265.1101(d)(1)	

	

	
take measures to prevent release of liquids or wet materials into areas without secondary containment	
109	
265.1101(d)(2)	

	

	
maintain in facility's operating log a written description of operating procedures used to maintain integrity of areas without secondary containment	
109	
265.1101(d)(3)	

	

	
Regional Administrator waiver of secondary containment requirements; what owner/operator must demonstrate	
109	
265.1101(e)	

	

	
CLOSURE AND POST-CLOSURE CARE	

what must be done at closure; closure plan, closure activities, cost estimates, and financial responsibility must meet all 265 Subparts G & H requirements	
109	
265.1102(a)	

	

	
if 265.1102(a) requirements met and not all contaminated soils can be removed or decontaminated, close facility and perform post-closure care as for landfill under 265.310; owner/operator must meet 265 Subparts G & H requirements for landfills	
109	
265.1102(b)	

	

	
reserved	
109	
265.1103-265.1110	

	

	
SUBPART EE B HAZARDOUS WASTE MUNITION AND EXPLOSIVES STORAGE 	

APPLICABILITY	

	
subpart applies to owners and operators who store munitions and explosive hazardous wastes	
156	
265.1200	

	

	
DESIGN AND OPERATING STANDARDS	

	
storage units must meet following requirements	
156	
265.1201(a)	

	

	
minimize potential for detonation or release	
156	
265.1201(a)(1)	

	

	
provide primary barrier to contain waste	
156	
265.1201(a)(2)	

	

	
if stored outdoors must not be in standing precipitation	
156	
265.1201(a)(3)	

	

	
for liquids, provide secondary containment or vapor detection system	
156	
265.1201(a)(4)	

	

	
provide monitoring and inspection procedures 	
156	
265.1201(a)(5)	

	

	
hazardous waste military munitions and explosives may be stored in the following	
156	
265.1201(b)	

	

	
earth-covered magazines; requirements for earth-covered magazines	
156	
265.1201(b)(1)	

	

		
156	
265.1201(b)(1)(i)	

	

		
156	
265.1201(b)(1)(ii)	

	

		
156	
265.1201(b)(1)(ii)(A)-(C)	

	

		
156	
265.1201(b)(1)(iii)	

	

	
above-ground magazines must be designed to minimize propagation of explosion	
156	
265.1201(b)(2)	

	

	
outdoor or open storage areas must be designed to minimize propagation of explosion	
156	
265.1201(b)(3)	

	

	
hazardous waste military munitions and explosives must be stored in accordance with Standard Operating Procedure; if procedure serves same purpose as certain Part 264 requirements, they may be used	
156	
265.1201(c)	

	

	
hazardous waste military munitions and explosives must be packaged to ensure safety	
156	
265.1201(d)	

	

	
hazardous waste military munitions and explosives must be inventoried annually	
156	
265.1201(e)	

	

	
hazardous waste military munitions and explosives must be inspected and monitored to ensure safety and no migration	
156	
265.1201(f)	

	

	
CLOSURE AND POST-CLOSURE CARE	

at closure of magazine or unit storing hazardous waste under Subpart EE, o/o must remove or decontaminate residues, components, subsoils, and equipment and manage as a hazardous waste closure; must meet subparts 265 G and H requirements	
156	
265.1202(a)	

	

	
if all contaminated subsoils cannot be practicably removed, o/o must close facility and perform post-closure as per 264.310	
156	
265.1202(b)	

	

	
APPENDIX I TO PART 265	

RECORD KEEPING INSTRUCTIONS	

instructions for keeping portions of the operating record	
*,131	
Appendix I	

	

	
APPENDIX III TO PART 265	

EPA INTERIM PRIMARY DRINKING WATER STANDARDS	

table of parameters and maximum levels	
*	
Appendix III	

	

	
APPENDIX IV TO PART 265	

TESTS FOR SIGNIFICANCE	

background information on use of Student's t-test	
*	
Appendix IV	

	

	
APPENDIX V TO PART 265	

EXAMPLES OF POTENTIALLY INCOMPATIBLE WASTE	

lists of wastes and potential consequences of mixing	
*	
Appendix V	

	

	
APPENDIX VI TO PART 265	

Compounds With Henry's Law Constant Less Than 0.1 Y/X	
154,163	
Appendix VI