SPECIAL CONSOLIDATED CHECKLIST
	for the Organic Air Emission Standards for Tanks,
Surface Impoundments, and Containers
	as of December 31, 2002

Notes: 1)  This checklist consolidates changes made to the Federal code by the December 6, 1994 final rule regarding Subpart CC standards [(59 FR 62896); Revision Checklist 154] and subsequent revisions which have occurred through December 31, 2002, as follows:  

$    Revision Checklist 154:
[59 FR 62896-62953 (December 6, 1994) (Formerly Revision Checklist 138)];
[60 FR 26828-26829 (May 19, 1995) (Formerly Revision Checklist 143)];
[60 FR 50426-50430 (September 29, 1995) (Formerly Revision Checklist 146)];
[60 FR 56952-56954 (November 13, 1995) (Formerly Revision Checklist 143, Rule 143.1)];
[61 FR 4903-4916 (February 9, 1996) (Formerly Revision Checklist 149)];
[61 FR 28508-28511 (June 5, 1996) (Formerly Revision Checklist 143, Rule 143.2)]; 
[61 FR 59932-59997 (November 25, 1996)];
$    Revision Checklist 163 [62 FR 64636-64671 (December 8, 1997)]; and				
$    Revision Checklist 177 [64 FR 3382 (January 21, 1999)]. 
The AChecklist Reference@ column indicates which of the checklists have affected each listed provision.

No final rules were promulgated between June 30, 1999 and December 31, 2002 that affected the Organic Air Emission Standards rule.  Therefore, this consolidated checklist is identical to that of June 30, 1999.

2)  Note that Revision Checklist 154 adds a new method to Appendix A of 40 CFR Part 60.  This addition has been included because this method is referenced in Subpart CC of both Part 264 and Part 265.  Thus, a State must either directly reference the method at 40 CFR Part 60, Appendix A or incorporate this method into its regulations and reference the method within its regulations.  If the first approach is used, the State must make sure that its Administrative Procedures Act allows the State to reference the Federal regulations.  While the following regulations/methods/appendices were not added by this rule, they are referenced in this new rule.  A State, thus, must either directly reference these regulations/methods/appendices or incorporate them into its regulations and reference the appropriate State analog:

P	40 CFR part 60
!  Specific references noted:
- 60.112(b)
- 60.114(b)
- Subpart VV
- Appendix A

P	40 CFR part 61
!  Specific references noted:
- 61.346(a)(1)
- 61.346(b)(1) through (b)(3)
- Subpart V

P	40 CFR part 63
!  Specific references noted:
- Appendix A
- Appendix C

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

PART 60 - STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES	

APPENDIX A TO PART 60	

TEST METHOD	

add Method 25E-Determination of Vapor Phase Organic Concentration in Waste Samples	
154	
Appendix A	

	

	
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM:  GENERAL	

SUBPART B - DEFINITIONS	

REFERENCES	

add "API Publication 2517, Third Edition, February 1989, "Evaporative Loss from External Floating Roof Tanks""	
154	
260.11(a)(14)	

	

	
add "ASTM Standard Test Method for Vapor Pressure--Temperature Relationship & Initial Decomposition Temperature of Liquids by Isoteniscope"	
154	
260.11(a)(15)	

	

	
change Federal Register address to "800 North Capitol Street, NW., Suite 700, Washington, DC."	
154	
260.11(b)	

	

	
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE	

SUBPART A - GENERAL	

REQUIREMENTS FOR RECYCLABLE MATERIALS	

replace "owners or operators" with "owners and operators"; delete "and" prior to "BB"; insert ", and CC" following "BB"	
154	
261.6(c)(1)	

	

	
PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE	

SUBPART C - PRE-TRANSPORT REQUIREMENTS	

ACCUMULATION TIME	

insert Athe applicable requirements of@ after Acomplies with@; change Asubpart@ to Asubparts@; insert A, AA, BB, and CC@ after Asubparts I@	
154, 177	
262.34(a)(1)(i)	

	

1	
insert Athe applicable requirements of@ after Acomplies with@; change Asubpart@ to Asubparts@; insert A, AA, BB, and CC@ after Asubparts J@; remove comma after Apart 265@	
154, 177	
262.34(a)(1)(ii)	

	

	
insert "of this chapter" after "part 265"; change "'" to "''"; insert "and 265.178" after "265.176"	
154	
262.34(d)(2)	

	

	
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES	

SUBPART B - GENERAL FACILITY STANDARDS	

GENERAL WASTE ANALYSIS	

add "264.1083," after "264.1063(d)"	
154	
264.13(b)(6)	

	

	
add new paragraph and subparagraphs: owners/operators seeking exemption to subpart CC air emission standards in accordance with 264.1082	
154	
264.13(b)(8)	

	

	
if direct measurement used for determination, procedures & schedules for waste sampling & analysis, & results of analysis to verify exemption	
154	
264.13(b)(8)(i)	

	

	
if knowledge of waste is used for waste determination, any information that is used as basis for knowledge	
154	
264.13(b)(8)(ii)	

	

	
GENERAL INSPECTION REQUIREMENTS	

remove the "and" preceding "264.1058"; add "and 264.1083 through 264.1089 of this part" after "264.1058"	
154,163	
264.15(b)(4)	

	

	
SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING	

OPERATING RECORD	

insert "and waste determinations" after "waste analyses"; add "264.1083," after "264.1063,"	
154	
264.73(b)(3)	

	

	
insert "of this part" after "subpart F"; delete the "and" before "264.1064" and add "and 264.1082 through 264.1090 of this part" after "264.1064"	
154,163	
264.73(b)(6)	

	

	
ADDITIONAL REPORTS	

remove "and" after "AA"; insert ", and CC of this part" after "BB"	
154	
264.77(c)	

	

	
SUBPART I - USE AND MANAGEMENT OF CONTAINERS	

AIR EMISSION STANDARDS	

add new section: owners/operators subject to applicable requirements of 264, Subparts AA, BB, and CC, if they place hazardous waste in container	
154	
264.179	

	

	
SUBPART J - TANK SYSTEMS	

AIR EMISSION STANDARDS	

add new section: owners/operators subject to applicable requirements of 264, Subparts AA, BB, and CC if they place hazardous waste in a tank	
154	
264.200	

	

	
SUBPART K - SURFACE IMPOUNDMENTS	

AIR EMISSION STANDARDS	

add new section: owners/operators subject to applicable requirements of 264, Subparts BB and CC if they place hazardous waste in surface impoundment	
154	
264.232	

	

	
SUBPART X - MISCELLANEOUS UNITS	

ENVIRONMENTAL PERFORMANCE STANDARDS	

insert "and subparts AA through CC" after "subparts I through O"	
154	
264.601	

	

	
SUBPART AA - AIR EMISSION STANDARDS FOR PROCESS VENTS	

APPLICABILITY	

delete first "'"; insert ", paragraphs" prior to "(d)"; remove hyphen in "10-ppmw"; insert "one of the following" at end of  sentence	
154	
264.1030(b) intro	

	

	
replace "Units" with "A unit"; replace "are subject" with "is subject"; insert "40 CFR" before "part 270"	
154	
264.1030(b)(1)	

	

	
completely revise paragraph: unit not exempt from permitting under 262.34(a) & is located at a hazardous waste management facility subject to part 270, or	
154	
264.1030(b)(2)	

	

	
add new paragraph: unit that is exempt from permitting under 262.34(a) and is not a recycling unit under the provisions of 40 CFR 261.6	
154,163	
264.1030(b)(3)	

	

	
completely revise paragraph: for owner and operator of facility subject to part 264 and who received final permit prior to December 6, 1996, requirements of part 264, subpart AA shall be incorporated into permit when reissued under 40 CFR 124.15 requirements or reviewed under 40 CFR 270.50(d); until owner and operator receive such final permit, owner and operator subject to 40 CFR part 265, subpart AA requirements	
163	
264.1030(c)	

	

	
add new paragraph: requirements of part 264, subpart AA do not apply to process vents at facility where owner or operator certifies that all process vents are equipped and operating air emission controls in accordance with process vent requirements under 40 CFR part 60, part 61, or part 63; documentation of compliance kept, or made available, with facility operating record	
163	
264.1030(e)	

	

	
DEFINITIONS	

revise AEquipment@; insert Aor other connector@ after Aflange@	
177	
264.1031	

	

	
revise AIn light liquid service@; insert Aorganic@ after Aone or more of the@ and after Apure@; replace A0.3 kPa@ with A0.3 kilopascals (kPa)@	
163	
264.1031	

	

	
revise AOpen-ended valve or line@; replace Aprocess fluid@ with Ahazardous waste@	
177	
264.1031	

	

	
add Asampling connection system@ definition in alphabetic order	
177	
264.1031	

	

	
STANDARDS:  CLOSED-VENT SYSTEMS AND CONTROL DEVICES	

revise and redesignate (a)(2) as (a)(2)(i), except for last sentence; 
in second sentence, replace "18 months" with "30 months"	
154,163	
264.1033(a)(2)(i)	

	

3	
revise and redesignate last sentence of (a)(2) as (a)(2)(ii); any unit that begins operation after December 21, 1990, and is subject to part 264, Subpart AA, must comply with rules immediately	
154,163	
264.1033(a)(2)(ii)	

	

	
add new paragraph: owner or operator of facility in existence on effective date of statutory or regulatory amendment that renders facility subject to part 264, subpart AA, shall comply with subpart AA requirements no later than 30 months after effective date of amendment; when control equipment cannot be installed and operational by effective date facility owner or operator shall prepare implementation schedule; enter implementation schedule in operating record or permanent file at facility	
163	
264.1033(a)(2)(iii)	

	

	
add new paragraph: owners and operators of facilities and units newly subject to part 264, subpart AA after December 8, 1997, due to action other than under 264.1033(a)(2)(iii), must comply with requirements immediately	
163	
264.1033(a)(2)(iv)	

	

	
replace "at two locations and have" with "with"; replace  first "oC" with "degrees Celsius (oC)"; replace "One temperature" with "The temperature"; replace ", and a second temperature sensor shall be installed at a location in the coolant fluid exiting the condenser" with "exit (i.e., product side)" 	
154	
264.1033(f)(2)(vi)(B)	

	

	
add new paragraph:  design requirements for closed-vent system are either:	
154	
264.1033(k) intro	

	

	
completely revise: to operate with no detectable emissions as determined by  264.1034(b) & visual inspections; or	
154	
264.1033(k)(1)	

	

	
completely revise: to operate at a pressure below atmospheric pressure; how to equip system	
154	
264.1033(k)(2)	

	

	
redesignate 264.1033(l) as 264.1033(m); add new 264.1033(l): owner/operator to monitor & inspect closed-vent system to ensure proper operation & maintenance by implementing following: 	
154	
264.1033(l) intro	

	

	
closed-vent system used to comply with 264.1033(k)(1) shall be inspected & monitored in accordance with:	
154	
264.1033(l)(1)	

	

	
initial leak detection monitoring shall be conducted by owner/operator using procedures in 264.1034(b)	
154	
264.1033(l)(1)(i)	

	

	
owner/operator shall inspect & monitor the closed-vent system, after initial leak detection monitoring required in 264.1033(l)(1)(i)	
154	
264.1033(l)(1)(ii)	

	

			
264.1033(l)(1)(ii)(A)	

	

			
264.1033(l)(1)(ii)(B)	

	

	
in event that defect or leak is detected, the owner/operator shall repair in accordance with 264.1033(l)(3)	
154	
264.1033(l)(1)(iii)	

	

	
owner/operator shall maintain record of inspection & monitoring in accordance with 264.1035	
154	
264.1033(l)(1)(iv)	

	

	
a closed-vent system used to comply with 246.1033(k)(2) shall be inspected & monitored in accordance with specified requirements	
154	
264.1033(l)(2)	

	

			
264.1033(l)(2)(i)	

	

			
264.1033(l)(2)(ii)	

	

			
264.1033(l)(2)(iii)	

	

			
264.1033(l)(2)(iv)	

	

	
owner/operator shall repair all detected defects as follows:	
154	
264.1033(l)(3) intro	

	

	
detectable emissions shall be controlled as soon as practicable, but not later than 15 days after detection, except as in 264.1033(l)(3)(iii)	
154	
264.1033(l)(3)(i)	

	

	
first attempt at repair to be made no later than 5 days after emission is detected	
154	
264.1033(l)(3)(ii)	

	

	
when delay of closed-vent repair allowed; if repair is infeasible without shutdown or emissions resulting from repair are greater than those from delay, then repair shall be completed by end of next shutdown	
154	
264.1033(l)(3)(iii)	

	

	
owner/operator shall maintain record of repair in accordance with 264.1035	
154	
264.1033(l)(3)(iv)	

	

	
redesignate former 264.1033(l) as (m)	
154	
264.1033(m)	

	

	
add new paragraph and subparagraphs: owner/operator using carbon adsorption system shall document that carbon that is hazardous & removed from control device is managed in one of following manners:	
154	
264.1033(n) intro	

	

	
regenerated or reactivated in a thermal treatment unit that meets one of following: 	
154	
264.1033(n)(1)	

	

	
owner/operator has been issued final permit under part 270, which implements subpart X requirements; or 	
154	
264.1033(n)(1)(i)	

	

	
unit is equipped with & operating air emission controls in accordance with subparts AA & CC of 264 or 265; or	
154	
264.1033(n)(1)(ii)	

	

	
unit is equipped with & operating air emission controls in accordance with national emission standards of parts 61 or 63	
154	
264.1033(n)(1)(iii)	

	

	
incinerated in a hazardous waste incinerator for which the owner/operator either:	
154	
264.1033(n)(2)	

	

	
has been issued a final permit under part 270 which implements the requirements of subpart O; or	
154	
264.1033(n)(2)(i)	

	

	
has designed & operates the incinerator in accordance with part 265, subpart O	
154	
264.1033(n)(2)(ii)	

	

	
burned in a boiler or industrial furnace for which owner/operator either:	
154	
264.1033(n)(3)	

	

	
has been issued a final permit under part 270 which implements part 266, subpart H ; or 	
154	
264.1033(n)(3)(i)	

	

	
has designed & operates boiler or industrial furnace in accordance with part 266, subpart H	
154	
264.1033(n)(3)(ii)	

	

	
add new paragraph and subparagraphs; any components of a closed-vent system designated in 264.1035(c)(9) as unsafe are exempt from requirements of 264.1033(l)(1)(ii)(B) if:	
154	
264.1033(o) intro	

	

	
owner/operator determines that monitoring personnel would be in danger as a consequence of complying; & 	
154	
264.1033(o)(1)	

	

	
owner/operator adheres to written plan requiring monitoring using procedure in 264.1033(l)(1)(ii)(B) as frequently as practicable	
154	
264.1033(o)(2)	

	

	
TEST METHODS AND PROCEDURES	

replace "'264.1033(k)" with "'264.1033(l) of this subpart"	
154	
264.1034(b) intro	

	

	
RECORDKEEPING REQUIREMENTS	

add new paragraph: recordkeeping requirements for owner/operator designating any components of a closed-vent system as unsafe to monitor pursuant to 264.1033(o)	
154	
264.1035(c)(9)	

	

	
add new paragraph and subparagraphs; when each leak is detected as in 264.1033(l), the following shall be recorded:	
154	
264.1035(c)(10) intro	

	

	
instrument number, closed-vent system component ID number, & operator name, initials, or ID number	
154	
264.1035(c)(10)(i)	

	

	
date leak was detected & date of first attempt to repair	
154	
264.1035(c)(10)(ii)	

	

	
date of successful repair	
154	
264.1035(c)(10)(iii)	

	

	
maximum instrument reading by Method 21, part 60, Appendix A	
154	
264.1035(c)(10)(iv)	

	

	
"repair delayed" & reason for delay if not repaired within 15 days 	
154	
264.1035(c)(10)(v)	

	

	
develop written procedure that identifies conditions that justify delay of repair	
154	
264.1035(c)(10)(v)(A)	

	

	
documentation requirement if repair delay was caused by depletion of stocked parts	
154	
264.1035(c)(10)(v)(B)	

	

	
replace "(c)(3)-(c)(8)" with "(c)(3) through (c)(10)"; replace "need be kept only 3 years" with "shall be maintained by the owner/operator for at least 3 years following the date of each occurrence, measurement, maintenance, corrective action, or record"	
154	
264.1035(d)	

	

	
	SUBPART BB - AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS	

2	
APPLICABILITY	

insert "one of the following" after "managed in"	
154	
264.1050(b) intro	

	

	
replace "Units that are" with "A unit that is"; insert "40 CFR" before "part 270"	
154	
264.1050(b)(1)	

	

	
completely revise paragraph: unit not exempt from permitting under 262.34(a) & is located at a hazardous waste management facility otherwise subject to part 270, or 	
154	
264.1050(b)(2)	

	

	
add new paragraph: unit that is exempt from permitting under 262.34(a) and is not a recycling unit under the provisions of 40 CFR 261.6	
154,163	
264.1050(b)(3)	

	

	
completely revise paragraph: for owner and operator of facility newly subject to part 264, subpart BB, and who received final permit prior to December 6, 1996, requirements of part 264, subpart BB shall be incorporated into permit when reissued under 40 CFR 124.15 requirements or reviewed under 40 CFR 270.50(d); until owner and operator receives such final permit, owner and operator subject to 40 CFR 265, subpart BB requirements	
163	
264.1050(c)	

	

	
add paragraph: equipment that contains or contacts hazardous waste with specific organic concentration is excluded from 264.1052-264.1060 if identified, as required in 264.1064(g)(6)	
154,163	
264.1050(f)	

	

	
STANDARDS: SAMPLING CONNECTION SYSTEMS	

replace Aclosed purge system@ with Aclosed-purge, closed loop@; insert second & third sentences regarding reason for sample purge system & that gases displaced during filling do not require collection 	
154	
264.1055(a)	

	

	
replace Asystem@ following Aclosed-purge@ with A, closed-loop,@; insert "of this section" following "paragraph (a)"; insert "meet one of the following requirements" after "shall"	
154	
264.1055(b) intro	

	

	
completely revise subparagraph: return purged process fluid directly to process line:	
154	
264.1055(b)(1)	

	

	
replace "hazardous waste stream with no detectable emissions to atmosphere," with "process fluid;" 	
154	
264.1055(b)(2)	

	

	
completely revise subparagraph: be designed & operated to capture & transport purged process fluid to a waste management unit that complies with 264.1084-264.1086 or a control device that complies with 264.1060	
154	
264.1055(b)(3)	

	

	
insert "and sampling systems without purges" after "systems"	
154	
264.1055(c)	

	

	
STANDARDS: PUMPS AND VALVES IN HEAVY LIQUID SERVICE, PRESSURE RELIEF DEVICES IN LIGHT LIQUID OR HEAVY LIQUID SERVICE, AND FLANGES AND OTHER CONNECTORS	

add new paragraph: exemption from the 265.1058(a) & 264.1064 requirements for inaccessible, ceramic or ceramic-lined connectors	
154	
264.1058(e)	

	

	
STANDARDS:  CLOSED-VENT SYSTEMS AND CONTROL DEVICES	

redesignate 264.1060 as 264.1060(a); insert Asubject to this subpart@ following Acontrol devices@ and insert Aof this part@ at end of paragraph	
163	
264.1060(a)	

	

	
add new paragraph: owner or operator who cannot install closed-vent system and control device to comply with part 264, subpart BB, by the effective date must prepare implementation schedule including dates by which closed-vent system and control device will be installed and in operation; implementation schedule may allow up to 30 months after effective date for installation and startup	
163	
264.1060(b)(1)	

	

	
add new paragraph: any unit that begins operation after December 21, 1990, and is subject to part 264, Subpart BB, must comply with rules immediately	
163	
264.1060(b)(2)	

	

	
add new paragraph: owner or operator of facility in existence on effective date of statutory or regulatory amendment that renders facility subject to part 264, subpart BB, shall comply with subpart BB requirements no later than 30 months after effective date of amendment; when control equipment cannot be installed and operational by effective date facility owner or operator shall prepare implementation schedule; enter implementation schedule in operating record or permanent file at facility	
163	
264.1060(b)(3)	

	

	
add new paragraph: owners and operators of facilities and units newly subject to part 264, subpart BB, after December 8, 1997, due to action other than under 264.1060(b)(3), must comply with requirements immediately	
163	
264.1060(b)(4)	

	

	
ALTERNATIVE STANDARDS FOR VALVES IN GAS/VAPOR SERVICE OR IN LIGHT LIQUID SERVICE:  SKIP PERIOD LEAK DETECTION AND REPAIR	

insert A(i.e., monitor for leaks once every six months)@ before Afor the valves@; insert Aof this subpart@ at end	
163	
264.1062(b)(2)	

	

	
insert A(i.e., monitor for leaks once every year)@ before Afor the valves@; insert Aof this subpart@ at end	
163	
264.1062(b)(3)	

	

	
RECORDKEEPING REQUIREMENTS	

add new paragraph: identification of equipment that contains or contacts hazardous waste with certain characteristics	
154,163	
264.1064(g)(6)	

	

	
revise paragraph: owner or operator of facility with equipment subject to part 264, subpart BB, and to 40 CFR part 60, part 61, or part 63 may determine compliance with subpart BB by documentation under 264.1064 or by documentation of compliance with 40 CFR part 60, part 61, or part 63; documentation of compliance under 40 CFR part 60, part 61, or part 63 shall be kept or made available with the operating record	
163	
264.1064(m)	

	

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

APPLICABILITY	

264, Subpart CC requirements apply to owners/operators of all facilities that treat, store, or dispose of hazardous waste in tanks, surface impoundments, or containers except as in 264.1 & 264.1080(b)	
154	
264.1080(a)	

	

	
264, Subpart CC requirements do not apply to the following waste management units at the facility:	
154	
264.1080(b) intro	

	

	
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	
264.1080(b)(1)	

	

	
container with design capacity of less than or equal to 0.1 m3	
154	
264.1080(b)(2)	

	

	
tank to which an owner/operator has stopped adding hazardous waste & has begun implementing or completed closure  pursuant to plan	
154	
264.1080(b)(3)	

	

	
surface impoundment in which owner/operator has stopped adding hazardous waste & has begun implementing or completed closure pursuant to plan	
154	
264.1080(b)(4)	

	

	
waste management unit used solely for on-site treatment or storage of hazardous waste placed in the unit from remedial activities	
154, 177	
264.1080(b)(5)	

	

	
waste management unit used solely for management of radioactive mixed waste	
154	
264.1080(b)(6)	

	

	
hazardous waste management unit equipped with & operating air emission controls in accordance with Clean Air Act; a tank for which air emission control includes an enclosure must comply with 264.1084(i), except as in 264.1082(c)(5) 	
154	
264.1080(b)(7)	

	

	
tank with process vent as defined in 264.1031	
154	
264.1080(b)(8)	

	

	
for owners/operators of a facility subject to 264, Subpart CC who have received a final permit before December 6, 1996, 264, Subpart CC requirements are incorporated into a permit when reissued or reviewed; until such date, owner/operator is subject to 265, Subpart CC requirements	
154,163	
264.1080(c)	

	

	
administrative stay of subpart CC requirements, with exception of 264.1089(i), for tanks or containers used to manage hazardous waste from organic  peroxide manufacturing & associated laboratory operations when owner/operator meets the specified conditions	
154	
264.1080(d) intro	

	

			
264.1080(d)(1)	

	

			
264.1080(d)(2)	

	

			
264.1080(d)(3)	

	

	
DEFINITIONS	

264, Subpart CC terms have meanings given them in 265.1081, the Act, & Parts 260-266	
154	
264.1081	

	

	
STANDARDS:  GENERAL	

264.1082 applies to management of hazardous waste in tanks, surface impoundments, & containers subject to 264, Subpart CC	
154	
264.1082(a)	

	

	
owner/operator shall control air  pollutant emissions from hazardous waste management unit in accordance with 264.1084-1087, except as in 264.1082(c)	
154,163	
264.1082(b)	

	

	
tank, surface impoundment, or container is exempt from 264.1084- 264.1087, provided that it is: 	
154	
264.1082(c) intro	

	

	
tank, surface impoundment, or container for which entering hazardous waste has average VO concentration at point of origination of less than 500 ppmw; how VO concentration is determined; frequency of reviews & updates	
154	
264.1082(c)(1)	

	

	
tank, surface impoundment, or container for which the organic content of hazardous waste entering the waste management unit is reduced by organic destruction or removal that achieves any of the following conditions:	
154	
264.1082(c)(2)	

	

	
process that removes or destroys organics to level such that average VO concentration at the point of treatment < the exit concentration limit established for the process; how average VO concentration is determined	
154	
264.1082(c)(2)(i)	

	

	
process that removes or destroys organics to level such that organic reduction efficiency > 95% & average VO concentration at point of treatment is < 100 ppmw; how organic reduction efficiency & average VO concentration are determined	
154	
264.1082(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 & actual organic mass removal rate are determined	
154	
264.1082(c)(2)(iii)	

	

	
biological process that destroys or degrades organics contained in hazardous waste such that either of following conditions is met:	
154	
264.1082(c)(2)(iv) intro	

	

	
organic reduction efficiency for process > 95% & organic biodegradation efficiency > 95%; how organic reduction efficiency & biodegradation efficiency are determined	
154	
264.1082(c)(2)(iv)(A)	

	

	
total actual organic mass biodegradation rate for hazardous waste treated by the process > required organic mass removal rate; how organic mass removal rate & actual mass biodegradation rate are determined	
154	
264.1082(c)(2)(iv)(B)	

	

	
process that removes or destroys organics contained in hazardous waste & meets all of the specified conditions	
154	
264.1082(c)(2)(v) intro	

	

			
264.1082(c)(2)(v)(A)	

	

			
264.1082(c)(2)(v)(B)	

	

			
264.1082(c)(2)(v)(C)	

	

	
process that removes or destroys organics in hazardous waste to specified levels; specified levels to be determined using procedures in 264.1083(a)&(b)  	
154	
264.1082(c)(2)(vi)	

	

	
hazardous waste incinerator for which owner/operator has either:	
154	
264.1082(c)(2)(vii) intro	

	

	
been issued a final permit under part 270 which implements subpart O; or	
154	
264.1082(c)(2)(vii)(A)	

	

	
has designed & operates the incinerator in accordance with interim status requirements of part 265, subpart O	
154	
264.1082(c)(2)(vii)(B)	

	

	
boiler or industrial furnace for which owner/operator has either:	
154	
264.1082(c)(2)(viii)	

	

	
been issued a final permit under part 270 which implements part 266, subpart H; or 	
154	
264.1082(c)(2)(viii)(A)	

	

	
designed & operates boiler or industrial furnace in accordance with interim status requirements of 266, subpart H	
154	
264.1082(c)(2)(viii)(B)	

	

	
for determining performance of organic destruction process, owner/operator shall account for VO concentrations below detection limit by using following:	
154	
264.1082(c)(2)(ix)	

	

	
if Method 25D in part 60, appendix A is used, 1/2 of blank value determined in the method at section 4.4 of Method 25D, or a value of 25 ppmw, whichever is less	
154,163	
264.1082(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	
264.1082(c)(2)(ix)(B)	

	

	
tank or surface impoundment used for biological treatment of hazardous waste in accordance with 264.1082(c)(2)(iv)	
154,163	
264.1082(c)(3)	

	

	
tank, surface impoundment, or container for which hazardous waste placed in unit that either:	
154	
264.1082(c)(4) intro	

	

	
meets numerical concentration limits for organic constituents in 268.40; or	
154	
264.1082(c)(4)(i)	

	

	
organic hazardous constituents in the 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	
264.1082(c)(4)(ii)	

	

	
tank used for bulk feed of hazardous waste to an incinerator & all of following are met:	
154	
264.1082(c)(5) intro	

	

	
tank is inside enclosure vented to control device designed & operated in accordance with part 61, subpart FF for facility generating $ 10 megagrams of benzene per year	
154	
264.1082(c)(5)(i)	

	

	
tank's enclosure & control device installed & began operation prior to November 25, 1996 &	
154	
264.1082(c)(5)(ii)	

	

	
enclosure designed & operated in accordance with 52.741, appendix B; allowance for openings; verification as specified in ' 5.0 	
154	
264.1082(c)(5)(iii)	

	

	
Regional Administrator may perform, or request owner/operator to perform waste determination for hazardous waste managed in a tank, surface impoundment, or container exempt from air emission controls under 264.1082 as follows:	
154	
264.1082(d) intro	

	

	
waste determination for average VO concentration of hazardous waste at point of origination shall be performed using direct measurement in accordance with 264.1083(a) requirements; how determination will be performed	
154	
264.1082(d)(1)	

	

	
in performing waste determination pursuant to 264.1082(d)(1), sample preparation shall be conducted as follows:	
154	
264.1082(d)(2) intro	

	

	
in accordance with method used by owner/operator, except as specified by 264.1082(d)(2)(ii)	
154	
264.1082(d)(2)(i)	

	

	
if Regional Administrator determines owner/ operator's methods inappropriate, then may choose appropriate one	
154	
264.1082(d)(2)(ii)	

	

	
when owner/operator performs waste determination, Regional Administrator may have authorized representative observe sampling	
154	
264.1082(d)(3)	

	

	
if results of waste determination performed or requested by  Regional Administrator do not agree with results of waste determination performed by owner/operator, then results of waste determination performed under 264.1082(d)(1) shall be used	
154	
264.1082(d)(4)	

	

	
if averaging period of greater than 1 hour used to determine average VO concentration of hazardous waste at point of origination, Regional Administrator can establish 264, Subpart CC compliance by performing or requesting that owner/operator perform a waste determination based on samples collected within 1-hour period as specified	
154	
264.1082(d)(5) intro	

	

			
264.1082(d)(5)(i)	

	

			
264.1082(d)(5)(ii)	

	

			
264.1082(d)(5)(iii)	

	

	
WASTE DETERMINATION PROCEDURES	

waste determination procedure to determine average VO concentration of hazardous waste at point of origination	
154	
264.1083(a) intro	

	

	
average VO concentration at point of waste origination shall be determined for each hazardous waste placed in a unit  exempted under 264.1082(c)(1) from using air emission controls in accordance with 264.1084-1087	
154	
264.1083(a)(1) intro	

	

	
add paragraph; average VO concentration of waste stream shall be determined before first time material in hazardous waste stream is placed in unit exempted under 264.1082(c)(1) from using air emission controls,  thereafter concentration shall be determined for each averaging period that hazardous waste is managed in unit; and	
177	
264.1083(a)(1)(i)	

	

	
add paragraph; 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 264.1082	
177	
264.1083(a)(1)(ii)	

	

	
for waste determination that is required by paragraph (a)(1) of this section, average VO concentration of hazardous waste at point of waste origination shall be determined in accordance with 265.1084(a)(2)-(4)	
154,163	
264.1083(a)(2)	

	

	
waste determination procedures for treated hazardous waste	
154	
264.1083(b) intro	

	

	
owner/operator shall perform applicable waste determination for each hazardous waste placed in units exempted under 264.1082(c)(2)(i) through 264.1082(c)(2)(vi) from using air emission controls in accordance with 264.1084-1087	
154,163	
264.1083(b)(1) intro	

	

	
add paragraph; 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	
264.1083(b)(1)(i)	

	

	
add paragraph; perform new determination when process generating or treating waste stream changes are likely to cause concentration to increase such that 264.1082(c)(2) treatment conditions are not achieved	
177	
264.1083(b)(1)(ii)	

	

	
the waste determination for a treated hazardous waste shall be performed in accordance with 265.1084(b)(2)-(9)	
154	
264.1083(b)(2)	

	

	
procedure to determine maximum organic vapor pressure of hazardous waste in a tank	
154	
264.1083(c) intro	

	

	
owner/operator shall determine maximum organic vapor pressure for each hazardous waste placed in a tank using Tank Level 1 controls in accordance with 264.1084(c)	
154	
264.1083(c)(1)	

	

	
maximum organic vapor pressure of hazardous waste may be determined in accordance with 265.1084(c)(2)-(4)	
154	
264.1083(c)(2)	

	

	
procedure for determining no detectable organic emissions shall be conducted in accordance with 265.1084(d)	
154	
264.1083(d)	

	

	
STANDARDS: TANKS 	

provisions of 264.1084 apply to control of air pollutant emissions from tanks for which 264.1082(b) references the use of 264.1084 for such air emission control	
154	
264.1084(a)	

	

	
owner/operator shall control air pollutant emissions from each tank subject to 264.1084 in  accordance with the following:	
154	
264.1084(b) intro	

	

	
requirements for a tank that manages hazardous waste & meets the conditions in 264.1084(b)(1)(i)-(iii)	
154	
264.1084(b)(1) intro	

	

	
hazardous waste in the tank has maximum organic vapor pressure less than limit for tank's capacity category as specified	
154	
264.1084(b)(1)(i) intro	

	

			
264.1084(b)(1)(i)(A)	

	

			
264.1084(b)(1)(i)(B)	

	

			
264.1084(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 to comply with 264.1084(b)(1)(i)	
154	
264.1084(b)(1)(ii)	

	

	
hazardous waste in tank is not treated by owner/operator using waste stabilization process, as in 265.1081	
154	
264.1084(b)(1)(iii)	

	

	
requirements for tanks that do not meet 264.1084(b)(1)(i)-(iii)	
154	
264.1084(b)(2)	

	

	
owners/operators controlling air pollutant emissions from a tank using Tank Level 1 controls meet requirements in 264.1084(c)(1)-(c)(4) 	
154	
264.1084(c) intro	

	

	
owner/operator to determine maximum organic vapor pressure for hazardous waste in tank using Tank Level 1 controls before placing waste in tank; maximum organic vapor pressure to be determined using 264.1083(c); when  determinations shall be performed	
154	
264.1084(c)(1)	

	

	
tank shall be equipped with fixed roof designed to meet the following:	
154	
264.1084(c)(2) intro	

	

	
fixed roof & its closure devices shall form continuous barrier over surface of hazardous waste in the tank; what is a fixed roof	
154	
264.1084(c)(2)(i)	

	

	
installed without visible cracks, holes, gaps, or open spaces between joints/edges	
154	
264.1084(c)(2)(ii)	

	

	
openings shall be equipped with a closure device or connected by a closed-vent system	
154,163	
264.1084(c)(2)(iii) intro	

	

		
154	
264.1084(c)(2)(iii)(A)	

	

		
154,163	
264.1084(c)(2)(iii)(B) intro	

	

		
163	
264.1084(c)(2)(iii)(B)(1)	

	

		
163	
264.1084(c)(2)(iii)(B)(2)	

	

	
fixed roof & its closure devices shall consist of materials to minimize exposure of hazardous waste to atmosphere, & maintain integrity throughout service life; factors for selecting materials	
154	
264.1084(c)(2)(iv)	

	

	
when hazardous waste is in the tank, fixed roof shall be installed with closure device secured in closed position except:	
154	
264.1084(c)(3)	

	

	
opening of closure devices or removal of fixed roof is allowed to provide access or to remove accumulated sludge	
154	
264.1084(c)(3)(i) intro	

	

			
264.1084(c)(3)(i)(A)	

	

			
264.1084(c)(3)(i)(B)	

	

	
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	
264.1084(c)(3)(ii)	

	

	
opening of safety device allowed to avoid an unsafe condition	
154	
264.1084(c)(3)(iii)	

	

	
owner/operator shall inspect & monitor air emission control equipment as follows:	
154	
264.1084(c)(4) intro	

	

	
fixed roof & closure devices to be visually inspected for defects; examples	
154	
264.1084(c)(4)(i)	

	

	
initial inspection of fixed roof & closure devices on or before tank is subject to 264.1084; then at least once a year except under 264.1084(l)	
154	
264.1084(c)(4)(ii)	

	

	
in event of defect, shall be repaired in accordance with 264.1084(k)	
154	
264.1084(c)(4)(iii)	

	

	
owner/operator shall maintain inspection record in accordance with 264.1089(b)	
154	
264.1084(c)(4)(iv)	

	

	
owners/operators controlling air pollutant emissions from a tank using Tank Level 2 controls shall use one of the following:	
154	
264.1084(d) intro	

	

	
fixed-roof tank equipped with internal floating roof in accordance with 264.1084(e); 	
154	
264.1084(d)(1)	

	

	
tank equipped with external floating roof in accordance with 264.1084(f);	
154	
264.1084(d)(2)	

	

	
tank vented through a closed-vent system to control device in accordance with 264.1084(g);	
154	
264.1084(d)(3)	

	

	
pressure tank designed & operated in accordance with 264.1084(h); or	
154	
264.1084(d)(4)	

	

	
tank inside an enclosure vented through a closed-vent system to an enclosed combustion control device in accordance with 264.1084(i) 	
154	
264.1084(d)(5)	

	

	
owner/operator who controls emissions from a tank using a fixed roof with internal floating roof shall meet 264.1084(e)(1)-(3) requirements	
154	
264.1084(e) intro	

	

	
tank shall be equipped with fixed roof & internal floating roof in accordance with the following: 	
154	
264.1084(e)(1) intro	

	

	
internal floating roof shall be designed to  float on liquid surface except when supported by leg supports	
154	
264.1084(e)(1)(i)	

	

	
internal floating roof shall be equipped with continuous seal that meets specified conditions 	
154	
264.1084(e)(1)(ii) intro	

	

			
264.1084(e)(1)(ii)(A)	

	

			
264.1084(e)(1)(ii)(B)	

	

	
internal floating roof shall meet listed specifications	
154	
264.1084(e)(1)(iii) intro	

	

			
264.1084(e)(1)(iii)(A)	

	

			
264.1084(e)(1)(iii)(B)	

	

			
264.1084(e)(1)(iii)(C)	

	

			
264.1084(e)(1)(iii)(D)	

	

			
264.1084(e)(1)(iii)(E)	

	

			
264.1084(e)(1)(iii)(F)	

	

	
owner/operator shall operate the tank in accordance with the following:	
154	
264.1084(e)(2) intro	

	

	
when floating roof is resting on leg supports, filling, emptying, or refilling shall be continuous & completed as soon as practical	
154	
264.1084(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	
264.1084(e)(2)(ii)	

	

	
prior to filling tank, openings 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	
264.1084(e)(2)(iii)	

	

	
owner/operator shall inspect internal floating roof in accordance with the following:	
154	
264.1084(e)(3) intro	

	

	
floating roof & its closure devices shall be visually inspected for defects which could result in air pollutant emissions; potential defects 	
154	
264.1084(e)(3)(i)	

	

	
owner/operator shall inspect internal floating roof components with specified visual inspections except as provided in 264.1084(e)(3)(iii)	
154	
264.1084(e)(3)(ii) intro	

	

			
264.1084(e)(3)(ii)(A)	

	

			
264.1084(e)(3)(ii)(B)	

	

	
as alternative to 264.1084(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	
264.1084(e)(3)(iii)	

	

	
before 264.1084(e)(3)(ii)-(iii) inspections, owner/operator shall notify Regional Administrator in advance to allow for observer during the inspection; & notify Regional Administrator of date & location of inspection	
154	
264.1084(e)(3)(iv) intro	

	

			
264.1084(e)(3)(iv)(A)	

	

			
264.1084(e)(3)(iv)(B)	

	

	
in event of a defect, it shall be repaired in accordance with 264.1084(k)	
154	
264.1084(e)(3)(v)	

	

	
owner/operator shall maintain inspection record in accordance with 264.1089(b)	
154	
264.1084(e)(3)(vi)	

	

	
safety devices, as defined in 40 CFR 265.1081, may be installed and operated as necessary on tank complying with 264.1084(e) requirements	
163	
264.1084(e)(4)	

	

	
owner/operator who controls emissions from tank using external floating roof shall meet requirements in 264.1084(f)(1)-(3)	
154	
264.1084(f) intro	

	

	
owner/operator shall design external floating roof in accordance with the following:	
154	
264.1084(f)(1) intro	

	

	
external floating roof designed to float on liquid surface except when supported by leg supports	
154	
264.1084(f)(1)(i)	

	

	
floating roof equipped with two continuous seals; the lower seal referred to as primary seal & upper seal as secondary seal	
154	
264.1084(f)(1)(ii)	

	

			
264.1084(f)(1)(ii)(A)	

	

			
264.1084(f)(1)(ii)(B)	

	

	
external floating roof shall meet certain specifications	
154	
264.1084(f)(1)(iii) intro	

	

			
264.1084(f)(1)(iii)(A)	

	

			
264.1084(f)(1)(iii)(B)	

	

			
264.1084(f)(1)(iii)(C)	

	

			
264.1084(f)(1)(iii)(D)	

	

			
264.1084(f)(1)(iii)(E)	

	

			
264.1084(f)(1)(iii)(F)	

	

			
264.1084(f)(1)(iii)(G)	

	

			
264.1084(f)(1)(iii)(H)	

	

			
264.1084(f)(1)(iii)(I)	

	

	
owner/operator shall operate tank in accordance with the following:	
154	
264.1084(f)(2) intro	

	

	
when floating roof resting on leg supports, filling, emptying, or refilling shall be continuous & completed as soon as practical	
154	
264.1084(f)(2)(i)	

	

	
except for automatic bleeder vents, rim space vents, roof drains, & leg sleeves, roof openings shall be secured & closed at all times except when closure device must be open for access 	
154	
264.1084(f)(2)(ii)	

	

	
covers on each access hatch & gauge float well shall be bolted or fastened if in closed position 	
154	
264.1084(f)(2)(iii)	

	

	
automatic bleeder vents to be closed at all times when roof floating, except when roof is being floated off or landed on leg supports 	
154	
264.1084(f)(2)(iv)	

	

	
rim space vents shall be open only when roof is being floated off the leg supports or when pressure beneath rim seal exceeds manufacturer's recommended setting	
154	
264.1084(f)(2)(v)	

	

	
cap on end of unslotted guide poles shall be closed at all times except when measuring liquid level or collecting samples 	
154	
264.1084(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	
264.1084(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	
264.1084(f)(2)(viii)	

	

	
owner/operator shall inspect external floating roof in accordance with the following:	
154	
264.1084(f)(3) intro	

	

	
owner/operator shall measure external floating roof seal gaps in accordance with specified requirements	
154	
264.1084(f)(3)(i) intro	

	

		
154	
264.1084(f)(3)(i)(A)	

	

		
154	
264.1084(f)(3)(i)(B)	

	

		
154	
264.1084(f)(3)(i)(C)	

	

		
154	
264.1084(f)(3)(i)(D) intro	

	

		
154	
264.1084(f)(3)(i)(D)(1)	

	

		
154	
264.1084(f)(3)(i)(D)(2)	

	

		
154	
264.1084(f)(3)(i)(D)(3)	

	

		
154,163	
264.1084(f)(3)(i)(D)(4)	

	

		
154	
264.1084(f)(3)(i)(E)	

	

		
154	
264.1084(f)(3)(i)(F)	

	

	
owner/operator shall visually inspect external floating roof in accordance with specified requirements	
154	
264.1084(f)(3)(ii) intro	

	

			
264.1084(f)(3)(ii)(A)	

	

			
264.1084(f)(3)(ii)(B)	

	

			
264.1084(f)(3)(ii)(C)	

	

			
264.1084(f)(3)(ii)(D)	

	

	
prior to 264.1084(f)(3)(i) or (ii) inspections, owner/operator shall notify Regional Administrator in advance to allow for observer present during inspection; & notify of date & location of inspection	
154,163	
264.1084(f)(3)(iii) intro	

	

		
154	
264.1084(f)(3)(iii)(A)	

	

		
154	
264.1084(f)(3)(iii)(B)	

	

		
154	
264.1084(f)(3)(iii)(C)	

	

	
safety devices, as defined in 40 CFR 265.1081, may be installed and operated on tank complying with 264.1084(f)	
163	
264.1084(f)(4)	

	

	
owner/operator who controls air pollutant emissions from a tank by venting to a control device shall meet requirements in 264.1084(g)(1)-(3)	
154	
264.1084(g) intro	

	

	
tank shall be covered by fixed roof and vented directly to a control device in accordance with the following:	
154	
264.1084(g)(1)	

	

	
fixed roof & closure devices shall form continuous barrier over liquid in tank	
154	
264.1084(g)(1)(i) 	

	

	
each opening in fixed roof not vented to control device shall be equipped with closure device; when pressure in vapor headspace < atmospheric pressure; when pressure in vapor headspace > atmospheric pressure	
154	
264.1084(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	
264.1084(g)(1)(iii) 	

	

	
the closed-vent system & control device shall be designed & operated in accordance with 264.1087	
154	
264.1084(g)(1)(iv) 	

	

	
whenever hazardous waste is in the tank, fixed roof shall be installed with closure device secured in closed position except:	
154	
264.1084(g)(2) intro	

	

	
venting to control device is not required, & opening of closure device or removal of fixed roof is allowed in specified circumstances	
154	
264.1084(g)(2)(i) intro	

	

			
264.1084(g)(2)(i)(A)	

	

			
264.1084(g)(2)(i)(B)	

	

	
opening of a safety device, as defined in 265.1081, is allowed any time to avoid an unsafe condition	
154	
264.1084(g)(2)(ii)	

	

	
owner/operator shall inspect & monitor air emission control equipment as follows:	
154	
264.1084(g)(3) intro	

	

	
fixed roof & its closure devices shall be visually inspected for defects; examples	
154	
264.1084(g)(3)(i)	

	

	
closed-vent system & control device shall be inspected & monitored in accordance with 264.1087	
154	
264.1084(g)(3)(ii)	

	

	
perform initial inspection of air emission control equipment on or before tank becomes subject to 264.1084; then at least once a year except under special conditions of 264.1084(l)	
154	
264.1084(g)(3)(iii)	

	

	
in event of defect, it shall be repaired in accordance with 264.1084(k)	
154	
264.1084(g)(3)(iv)	

	

	
owner/operator shall maintain inspection record in accordance with 264.1089(b)	
154	
264.1084(g)(3)(v)	

	

	
owner/operator who controls air pollutant emissions by using a pressure tank shall meet the following:	
154	
264.1084(h) intro	

	

	
tank shall not be designed to vent to atmosphere as result of compression in vapor headspace during filling	
154	
264.1084(h)(1)	

	

	
tank openings shall be equipped with closure devices that operate with no detectable organic emissions as in 264.1083(d)	
154	
264.1084(h)(2)	

	

	
whenever hazardous waste is in the tank, it shall be operated as a closed system that does not vent to the atmosphere except as specified in paragraph (h)(3)(i) or (h)(3)(ii)	
154, 177	
264.1084(h)(3) intro	

	

	
add paragraph; when opening safety device is required to avoid unsafe condition	
177	
264.1084(h)(3)(i)	

	

	
add paragraph; when purging of inerts from tank is required and purge stream is routed to closed-vent system and control device designed & operated according to 264.1087	
177	
264.1084(h)(3)(ii)	

	

	
owner/operator who controls air pollutant emissions by using enclosure vented through a closed-vent system to enclosed combustion control device shall meet requirements in 264.1084(i)(1)-(4) 	
154	
264.1084(i) intro	

	

	
tank shall be inside enclosure; enclosure shall be designed & operated in accordance with 52.741, appendix B; allowance for openings; perform verification as specified in Section 5.0 	
154	
264.1084(i)(1)	

	

	
enclosure shall be vented through a closed-vent system to enclosed combustion control device designed & operated in accordance with certain standards specified in 264.1087	
154	
264.1084(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 264.1084(i)(1)-(2)	
154	
264.1084(i)(3)	

	

	
owner/operator shall inspect & monitor the closed-vent system & control device as specified in 264.1087	
154	
264.1084(i)(4)	

	

	
owner/operator shall transfer hazardous waste to tank subject to 264.1084 in accordance with the following: 	
154	
264.1084(j) intro	

	

	
transfer of hazardous waste, except as in 264.1084(j)(2), to tank from another tank subject to 264.1084 or from surface impoundment subject to 264.1085 shall use continuous hard-piping or another closed system; individual drain system	
154	
264.1084(j)(1)	

	

	
264.1084(j)(1) requirements do not apply if transferring hazardous waste to tank under following:	
154	
264.1084(j)(2) intro	

	

	
hazardous waste meets average VO concentration conditions in 264.1082(c)(1) at point of waste origination	
154	
264.1084(j)(2)(i)	

	

	
hazardous waste treated by an organic destruction or removal process to meet 264.1082(c)(2) requirements	
154	
264.1084(j)(2)(ii)	

	

	
hazardous waste meets requirements of 264.1082(c)(4)	
163	
264.1084(j)(2)(iii)	

	

	
owner/operator shall repair each defect detected during inspections performed under 264.1084(c)(4), (e)(3), (f)(3), or (g)(3) as follows:	
154	
264.1084(k) intro	

	

	
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 264.1084(k)(2)	
154	
264.1084(k)(1)	

	

	
repairs may be delayed beyond 45 days if repair requires emptying or temporary removal from service & no alternative tanks are available; owner/ operator shall repair the defect as soon as tank stops operation; repair shall be completed before resuming operation 	
154	
264.1084(k)(2)	

	

	
after initial inspection & monitoring of cover pursuant to Subpart CC, inspection & monitoring may be at intervals longer than 1 year under the following conditions:	
154	
264.1084(l) intro	

	

	
if inspecting or monitoring exposes a worker to dangerous, hazardous, or other unsafe conditions, the owner/operator may designate cover as unsafe & comply with the following:  	
154	
264.1084(l)(1) intro	

	

	
prepare written explanation	
154	
264.1084(l)(1)(i)	

	

	
develop & implement written plan & schedule to inspect & monitor	
154	
264.1084(l)(1)(ii)	

	

	
if tank is buried partially or entirely, owner/operator must inspect & monitor only portions of cover that are located on or above ground	
154	
264.1084(l)(2)	

	

	
STANDARDS: SURFACE IMPOUNDMENTS	

264.1085 provisions apply to control of air pollutant emissions from surface impoundments for which 264.1082(b) references this section	
154	
264.1085(a)	

	

	
owner/operator shall control air pollutant emissions from surface impoundment by installing & operating either:	
154	
264.1085(b) intro	

	

	
floating membrane cover in accordance with 264.1085(c); or	
154	
264.1085(b)(1)	

	

	
cover vented through a closed-vent system to a control device in accordance with 264.1085(d)	
154,163	
264.1085(b)(2)	

	

	
owner/operator who controls emissions from a surface impoundment using a floating membrane cover shall meet requirements in 264.1085(c)(1)-(3)	
154	
264.1085(c) intro	

	

	
surface impoundment shall be equipped with floating membrane cover designed to meet the following: 	
154	
264.1085(c)(1) intro	

	

	
designed to float on the liquid surface during normal operations & form a continuous barrier	
154	
264.1085(c)(1)(i)	

	

	
fabricated from synthetic membrane material with certain specifications	
154	
264.1085(c)(1)(ii) intro	

	

			
264.1085(c)(1)(ii)(A)	

	

			
264.1085(c)(1)(ii)(B)	

	

	
installed without visible cracks, holes, gaps, or open spaces between cover edges or foundation mountings	
154	
264.1085(c)(1)(iii)	

	

	
except as in 264.1085(c)(1)(v), openings in floating membrane cover shall be equipped with a closure device that does not allow for open spaces in the closure device or between the opening & device	
154	
264.1085(c)(1)(iv)	

	

	
floating membrane cover may be equipped with emergency cover drains; drains shall be equipped with slotted membrane fabric cover or flexible fabric sleeve seal	
154	
264.1085(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	
264.1085(c)(1)(vi)	

	

	
whenever hazardous waste is in surface impoundment, floating membrane cover shall float on liquid & each closure device in closed position except:	
154	
264.1085(c)(2) intro	

	

	
opening of closure devices or removal of the cover allowed to provide access to surface impoundment or to remove accumulated sludge	
154	
264.1085(c)(2)(i) intro	

	

			
264.1085(c)(2)(i)(A)	

	

			
264.1085(c)(2)(i)(B)	

	

	
opening of safety device allowed to avoid an unsafe condition	
154	
264.1085(c)(2)(ii)	

	

	
owner/operator shall inspect floating membrane cover as follows:	
154	
264.1085(c)(3) intro	

	

	
floating membrane cover & closure devices shall be visually inspected for defects; examples	
154	
264.1085(c)(3)(i)	

	

	
perform initial inspection of floating membrane cover & closure devices on or before surface impoundment is subject to 264.1085; then at least once a year except under 264.1085(g)	
154	
264.1085(c)(3)(ii)	

	

	
in event of defect, it shall be repaired in accordance with 264.1085(f)	
154	
264.1085(c)(3)(iii)	

	

	
owner/operator shall maintain inspection record in accordance with 264.1089(c)	
154	
264.1085(c)(3)(iv)	

	

	
owner/operator who controls air pollutant emissions from a surface impoundment using a cover vented to control device shall meet 264.1085(d)(1)-(3) requirements	
154	
264.1085(d) intro	

	

	
surface impoundment covered & vented directly to control device in accordance with the following:	
154	
264.1085(d)(1) intro	

	

	
cover & closure devices shall form a continuous barrier over liquid in the surface impoundment	
154	
264.1085(d)(1)(i)	

	

	
openings in the cover not vented to control device equipped with closure device; if pressure in vapor headspace < atmospheric pressure; if pressure in vapor headspace > atmospheric pressure	
154	
264.1085(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	
264.1085(d)(1)(iii)	

	

	
closed-vent system & control device shall be designed & operated in accordance with 264.1087	
154	
264.1085(d)(1)(iv)	

	

	
when hazardous waste is in surface impoundment, cover shall be installed with closure device in closed position except:	
154	
264.1085(d)(2) intro	

	

	
venting to control device not required, & opening of closure device or removal of cover is allowed in specified circumstances	
154	
264.1085(d)(2)(i) intro	

	

		
154	
264.1085(d)(2)(i)(A)	

	

		
154,163	
264.1085(d)(2)(i)(B)	

	

	
opening of safety device, as in 265.1081, allowed to avoid an unsafe condition	
154	
264.1085(d)(2)(ii)	

	

	
owner/operator shall inspect & monitor air emission control equipment as follows:	
154	
264.1085(d)(3) intro	

	

	
surface impoundment cover & closure devices shall be visually inspected for defects; examples	
154	
264.1085(d)(3)(i)	

	

	
closed-vent system & control device shall be inspected & monitored in accordance with 264.1087	
154	
264.1085(d)(3)(ii)	

	

	
initial inspection of air emission control equipment on or before the surface impoundment is subject to 264.1085; then at least once a year except under  264.1085(g)	
154	
264.1085(d)(3)(iii)	

	

	
in event of defect, it shall be repaired in accordance with 264.1085(f)	
154	
264.1085(d)(3)(iv)	

	

	
owner/operator shall maintain inspection record in accordance with 264.1089(c)	
154	
264.1085(d)(3)(v)	

	

	
owner/operator shall transfer hazardous waste to surface impoundment subject to 264.1085 in accordance with: 	
154	
264.1085(e) intro	

	

	
transfer of hazardous waste, except as in 264.1085(e)(2), to surface impoundment from another surface impoundment subject to 264.1085 or from a tank subject to 264.1084 shall use continuous hard-piping or another closed system;  individual drain system	
154	
264.1085(e)(1)	

	

	
264.1085(e)(1) requirements do not apply when transferring a hazardous waste to surface impoundment under the following:	
154	
264.1085(e)(2) intro	

	

	
hazardous waste meets average VO concentration conditions in 264.1082(c)(1) at point of origination	
154	
264.1085(e)(2)(i)	

	

	
hazardous waste treated by organic destruction or removal process to meet 264.1082(c)(2) requirements	
154	
264.1085(e)(2)(ii)	

	

	
hazardous waste meets requirements of 264.1082(c)(4)	
163	
264.1085(e)(2)(iii)	

	

	
owner/operator repair each defect detected during inspections performed in accordance with 264.1085(c)(3) or (d)(3) as follows:	
154	
264.1085(f) intro	

	

	
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 264.1085(f)(2)	
154	
264.1085(f)(1)	

	

	
repairs may be delayed beyond 45 days if require emptying or temporary removal from service & no alternative capacity is available; if so,  owner/operator shall repair defect as soon as process generating hazardous waste in surface impoundment stops operation; repair completed before resuming operation 	
154	
264.1085(f)(2)	

	

	
following initial inspection & monitoring of cover as required by Subpart CC, inspection & monitoring at intervals longer than 1 year under following conditions:	
154	
264.1085(g) intro	

	

	
written explanation stating why cover is unsafe, if required	
154	
264.1085(g)(1)	

	

	
develop & implement written plan & schedule to inspect & monitor cover	
154	
264.1085(g)(2)	

	

	
STANDARDS: CONTAINERS	

264.1086 applies to control of air pollutant emissions from containers for which 264.1082(b) references this section 	
154	
264.1086(a)	

	

	
general requirements	
154	
264.1086(b) intro	

	

	
owner/operator shall control air pollutant emissions from each container subject to 264.1086 in accordance with the following:	
154	
264.1086(b)(1) intro	

	

	

for containers having design capacities greater than 0.1 m3 & less than or equal to 0.46 m3, owner/operator shall control air pollutant emissions in accordance with Container Level 1 standards in 264.1086(c)	
154	
264.1086(b)(1)(i)	

	

	
for containers having design capacities greater than 0.46 m3 not in light material service, owner/ operator shall control air pollutant emissions in accordance with Container Level 1 standards in 264.1086(c)	
154	
264.1086(b)(1)(ii)	

	

	
for containers having design capacities greater than 0.46 m3 in light material service, owner/operator shall control air pollutant emissions in accordance with Container Level 2 standards in 264.1086(d)	
154	
264.1086(b)(1)(iii)	

	

	
when containers with design capacities greater than 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 264.1086(e) 	
154	
264.1086(b)(2)	

	

	
Container Level 1 standards	
154	
264.1086(c) intro	

	

7
	
using Container Level 1 controls is one of the following:	
154	
264.1086(c)(1) intro	

	

	
meets applicable U.S. DOT regulations on packaging for transportation as in 264.1086(f)  	
154	
264.1086(c)(1)(i)	

	

	
equipped with cover & closure devices that form a continuous barrier over openings such that there are no visible open spaces into the interior	
154	
264.1086(c)(1)(ii)	

	

	
open-top container in which organic-vapor suppressing barrier is used such that no hazardous waste is exposed; example	
154	
264.1086(c)(1)(iii)	

	

	
container used to meet requirements of 264.1086(c)(1)(ii) or (c)(1)(iii) shall be equipped with covers & closure devices composed of materials to minimize exposure of hazardous waste to atmosphere & to maintain equipment integrity; factors to consider in selecting materials	
154,163	
264.1086(c)(2)	

	

	
when using Container Level 1 controls, owner/ operator shall install covers & closure devices, & secure & maintain them in closed position except:  	
154	
264.1086(c)(3) intro	

	

	
opening of closure device or cover is allowed to add hazardous waste or other material as specified	
154	
264.1086(c)(3)(i) intro	

	

			
264.1086(c)(3)(i)(A)	

	

			
264.1086(c)(3)(i)(B)	

	

	
opening of closure device or cover is allowed to remove hazardous waste as specified	
154	
264.1086(c)(3)(ii) intro	

	

			
264.1086(c)(3)(ii)(A)	

	

			
264.1086(c)(3)(ii)(B)	

	

	
opening of closure device or cover is allowed when access needed to perform routine activities other than transfer hazardous waste; examples; after activity, owner/operator shall promptly secure closure device or reinstall cover	
154	
264.1086(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	
264.1086(c)(3)(iv)	

	

	
opening of safety device, as defined in 265.1081, is allowed any time conditions require it to avoid an unsafe condition	
154	
264.1086(c)(3)(v)	

	

	
inspect containers & their covers & closure devices as follows:	
154	
264.1086(c)(4) intro	

	

	
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 is accepted at facility; date of acceptance; if a defect is detected, owner/operator repair in accordance with 264.1086(c)(4)(iii)	
154,163	
264.1086(c)(4)(i)	

	

	
if container remains at the facility for 1 year or more, owner/operator shall inspect it & cover & closure devices initially & then, at least every 12 months; if defect is detected, owner/operator repair in accordance with 264.1086(c)(4)(iii)	
154	
264.1086(c)(4)(ii)	

	

	
when a defect is detected, owner/ operator shall make repair no later than 24 hours after detection & complete it 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	
264.1086(c)(4)(iii)	

	

	
owner/operator shall maintain copy of procedure to determine that containers with 0.46 m3 or greater capacity, are not managing hazardous waste in light material service 	
154	
264.1086(c)(5)	

	

	
Container Level 2 standards	
154	
264.1086(d) intro	

	

7	
container using Container Level 2 controls is one of the following:	
154	
264.1086(d)(1) intro	

	

	
meets the applicable U.S. DOT regulations on packaging for transportation as in 264.1086(f)  	
154	
264.1086(d)(1)(i)	

	

	
container that operates with no detectable organic emissions as determined in accordance 264.1086(g)	
154	
264.1086(d)(1)(ii)	

	

	
container that has been demonstrated to be vapor-tight by using part 60, appendix A, Method 27 in accordance with 264.1086(h)	
154	
264.1086(d)(1)(iii)	

	

	
transfer of hazardous waste shall minimize exposure to the atmosphere, to extent practical; examples that meet 264.1086(d)(2) requirements	
154,163	
264.1086(d)(2)	

	

	
owner/operator shall install all covers & closure devices, & secure & maintain in closed position except:	
154	
264.1086(d)(3) intro	

	

	
opening of closure device or cover is allowed to add hazardous waste or other material as follows	
154	
264.1086(d)(3)(i) intro	

	

			
264.1086(d)(3)(i)(A)	

	

			
264.1086(d)(3)(i)(B)	

	

	
opening of a closure device or cover is allowed to remove hazardous waste as follows	
154	
264.1086(d)(3)(ii) intro	

	

			
264.1086(d)(3)(ii)(A)	

	

			
264.1086(d)(3)(ii)(B)	

	

	
opening of closure device or cover is allowed when access is needed to perform routine activities other than transfer; examples; after activity, promptly secure closure device or reinstall cover	
154	
264.1086(d)(3)(iii)	

	

	
opening of pressure relief devices which vent to atmosphere is 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	
264.1086(d)(3)(iv)	

	

	
opening of safety device, as defined in 265.1081, is allowed any time conditions require it to avoid an unsafe condition	
154	
264.1086(d)(3)(v)	

	

	
owner/operator shall inspect containers & their covers & closure devices as follows:	
154	
264.1086(d)(4) intro	

	

	
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 is accepted at facility; date of acceptance; if defect is detected, owner/operator shall repair in accordance with 264.1086(d)(4)(iii)	
154,163	
264.1086(d)(4)(i)	

	

	
if container remains at the facility for 1 year or more, owner/operator shall inspect it & cover & closure devices initially & then at least every 12 months to check for open spaces into its interior; if defect is detected, owner/ operator shall repair in accordance with 264.1086(d)(4)(iii)	
154	
264.1086(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	
264.1086(d)(4)(iii)	

	

	
Container Level 3 standards	
154	
264.1086(e) intro	

	

7	
container using Container Level 3 controls is one of the following:	
154	
264.1086(e)(1) intro	

	

	
container that is vented through a closed-vent system to control device in accordance with 264.1086(e)(2)(ii)	
154	
264.1086(e)(1)(i)	

	

	
container that is vented inside an enclosure which is exhausted through closed-vent system to control device in accordance with 264.1086(e)(2)(i)-(ii)	
154	
264.1086(e)(1)(ii)	

	

	
owner/operator shall meet the following, as applicable	
154	
264.1086(e)(2) intro	

	

	
container enclosure shall be designed & operated in accordance with 52.741, appendix B; permanent or temporary openings; verification procedure as in Section 5.0 	
154	
264.1086(e)(2)(i)	

	

	
closed-vent system & control device shall be designed & operated in accordance with 264.1087	
154	
264.1086(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 264.1086(e)(1)	
154	
264.1086(e)(3)	

	

	
owner/operator shall inspect & monitor the closed-vent system & control devices as specified in 264.1087	
154	
264.1086(e)(4)	

	

	
owners/operators shall prepare & maintain records specified in 264.1089(d)	
154	
264.1086(e)(5)	

	

	
add paragraph; 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	
264.1086(e)(6)	

	

	
for purpose of 264.1086(c)(1)(i) or (d)(1)(i) compliance, containers shall meet applicable U.S. DOT regulations on packaging for transportation as follows:  	
154	
264.1086(f) intro	

	

	
meets applicable requirements in 49 CFR part 178 or 49 CFR part 179	
154	
264.1086(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	
264.1086(f)(2)	

	

	
no exceptions to the 49 CFR part 178 or 179 regulations are allowed except as in 264.1086(f)(4)	
154	
264.1086(f)(3)	

	

	
for lab pack managed in accordance with 49 CFR part 178, owner/operator may comply with the exceptions for combination packaging in 49 CFR 173.12(b)	
154	
264.1086(f)(4)	

	

	
to determine compliance with 264.1086(d)(1)(ii), use procedure specified in 264.1083(d)	
154,163	
264.1086(g) intro	

	

	
each potential leak interface on container, cover, & closure devices shall be checked; examples	
154	
264.1086(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	
264.1086(g)(2)	

	

	
procedure for determining a container to be vapor-tight using Method 27 of part 60, appendix A to comply with 264.1086(d)(1)(iii)	
154	
264.1086(h) intro	

	

	
test performed in accordance with Method 27 of part 60, appendix A 	
154	
264.1086(h)(1)	

	

	
pressure measurement device shall be used with a precision of "2.5mm water & capable of measuring above that used for vapor pressure tightness	
154	
264.1086(h)(2)	

	

	
if test results indicate container sustains a pressure change less than or equal to 750 Pascals, then it's vapor-tight	
154	
264.1086(h)(3)	

	

	
STANDARDS: CLOSED-VENT SYSTEMS AND CONTROL DEVICES	

264.1087 applies to closed-vent system & control device installed & operated to control air emissions	
154	
264.1087(a)	

	

	
closed-vent system shall meet the following requirements:	
154	
264.1087(b) intro	

	

	
route gases, vapors, & fumes to a control device that meets the requirements specified in 264.1087(c)	
154	
264.1087(b)(1)	

	

	
designed & operated in accordance with 264.1033(k)	
154	
264.1087(b)(2)	

	

	
if system includes bypass devices, each device shall be equipped with either flow indicator or seal or locking device; other fittings used for safety purposes are not bypass devices 	
154	
264.1087(b)(3) intro	

	

	
if flow indicator is used to comply with 264.1087(b)(3), it shall be installed at inlet to bypass line; flow indicator is a device which indicates gas or vapor flow	
154	
264.1087(b)(3)(i)	

	

	
if a seal or locking device is used to comply with 264.1087(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	
264.1087(b)(3)(ii)	

	

	
closed-vent system shall be inspected & monitored by owner/ operator in accordance with 264.1033(l)	
154	
264.1087(b)(4)	

	

	
control device shall meet the following requirements:	
154	
264.1087(c) intro	

	

	
control device shall be one of the following devices:	
154	
264.1087(c)(1) intro	

	

	
control device designed & operated to reduce total organic content of inlet vapor stream by at least 95%	
154	
264.1087(c)(1)(i)	

	

	
enclosed combustion device designed & operated in accordance with 264.1033(c)	
154	
264.1087(c)(1)(ii)	

	

	
flare designed & operated in accordance with 264.1033(d)	
154	
264.1087(c)(1)(iii)	

	

	
owner/operator who uses closed-vent system & control device to comply with 264.1087 shall comply with 264.1087(c)(2)(i)-(c)(2)(vi)	
154	
264.1087(c)(2) intro	

	

	
periods of planned routine maintenance of control device during which 264.1087 (c)(1)(i)-(iii) are not met, shall not exceed 240 hours/year 	
154	
264.1087(c)(2)(i)	

	

	
requirements in 264.1087(c)(1)(i)-(iii) do not apply during planned routine maintenance	
154	
264.1087(c)(2)(ii)	

	

	
requirements in 264.1087(c)(1)(i)-(iii) do not apply during control device system malfunction	
154	
264.1087(c)(2)(iii)	

	

	
owner/operator shall demonstrate compliance with 264.1087(c)(2)(i) by recording information in 264.1089(e)(1)(v)	
154	
264.1087(c)(2)(iv)	

	

	
owner/operator shall correct control device system malfunctions as soon as practicable to minimize excess air pollutant emissions	
154	
264.1087(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 necessary	
154	
264.1087(c)(2)(vi)	

	

	
owner/operator using a carbon adsorption system shall operate & maintain control device in accordance with the following requirements:	
154	
264.1087(c)(3) intro	

	

	
following initial startup, all activated carbon shall be replaced with fresh carbon regularly in accordance with 264.1033(g) or (h)	
154	
264.1087(c)(3)(i)	

	

	
all carbon that is hazardous waste and that is removed from control device shall be managed in accordance with 264.1033(n), regardless of the average VOC of the carbon	
154,163	
264.1087(c)(3)(ii)	

	

	
owner/operator using a control device other than a thermal vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system shall operate & maintain in accordance with 264.1033(j)	
154	
264.1087(c)(4)	

	

	
demonstrate that control device achieves performance  requirements of 264.1087(c)(1) as follows:	
154	
264.1087(c)(5) intro	

	

	
demonstrate, using a performance test as in 264.1087(c)(5)(iii) or design analysis as in 264.1087 (c)(5)(iv) for each control device except for the following:	
154	
264.1087(c)(5)(i) intro	

	

	
a flare	
154	
264.1087(c)(5)(i)(A)	

	

	
boiler or process heater with design input capacity of 44 megawatts or greater	
154	
264.1087(c)(5)(i)(B)	

	

	
boiler or process heater into which the vent stream is introduced with primary fuel	
154	
264.1087(c)(5)(i)(C)	

	

	
boiler or industrial furnace burning hazardous waste for which owner/operator has been issued a final permit & has designed & operates unit in accordance with 266, Subpart H	
154	
264.1087(c)(5)(i)(D)	

	

	
boiler or industrial furnace burning hazardous waste for which owner/operator has designed & operates in accordance with requirements of 266, Subpart H	
154	
264.1087(c)(5)(i)(E)	

	

	
owner/operator shall demonstrate the performance of each flare in accordance with 264.1033(e)	
154	
264.1087(c)(5)(ii)	

	

	
for a performance test, owner/operator shall use test methods & procedures in 264.1034 (c)(1)-(4)	
154	
264.1087(c)(5)(iii)	

	

	
design analysis shall meet requirements specified in 264.1035(b)(4)(iii)	
154	
264.1087(c)(5)(iv)	

	

	
owner/operator shall demonstrate that carbon adsorption system achieves the 264.1087(c)(1) performance requirements	
154	
264.1087(c)(5)(v)	

	

	
if owner/operator & Regional Administrator do not agree on a demonstration of control device performance using a design analysis, then disagreement shall be resolved using a performance test in accordance with 264.1087(c)(5)(iii); Regional Administrator may choose authorized representative to observe	
154	
264.1087(c)(6)	

	

	
closed-vent system and control device shall be inspected & monitored by owner/operator in accordance with 264.1033(f)(2) & 264.1033(l); readings from each monitoring device inspected at least once each day; any necessary corrective measures immediately implemented	
154,163	
264.1087(c)(7)	

	

	
INSPECTION AND MONITORING REQUIREMENTS	

owner/operator shall inspect & monitor air emission control equipment in accordance with 264.1084-1087	
154	
264.1088(a)	

	

	
owner/operator shall develop & implement written plan & schedule to perform inspections & monitoring required by 264.1088(a); shall incorporate plan into facility inspection plan under 264.15	
154	
264.1088(b)	

	

	
RECORDKEEPING REQUIREMENTS	

owner/operators subject to 264, Subpart CC shall record & maintain information specified in 264.1089(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 264.1089 (i)&(j) shall be maintained as long as  waste management unit is not using air emission controls in 264.1084-264.1087  	
154,163	
264.1089(a)	

	

	
owner/operator of tank using air emission controls in accordance with 264.1084 shall prepare & maintain records that include:	
154	
264.1089(b) intro	

	

	
for tank using air emission controls in accordance with 264.1084, owner/ operator shall record:	
154	
264.1089(b)(1) intro	

	

	
tank identification number  	
154	
264.1089(b)(1)(i)	

	

	
record for each inspection required by 264.1084 that includes inspection date & other information for defects detected 	
154	
264.1089(b)(1)(ii) intro	

	

		
154	
264.1089(b)(1)(ii)(A)	

	

		
154,163	
264.1089(b)(1)(ii)(B)	

	

	
owner/operator shall record following information, as applicable to the tank:	
154	
264.1089(b)(2) intro	

	

	
owner/operator using a fixed roof shall prepare & maintain records for each maximum organic vapor pressure determination in accordance with 264.1084(c); date & time of sample collection, analysis method, & results	
154	
264.1089(b)(2)(i)	

	

	
owner/operator using internal floating roof shall prepare & maintain documentation describing design	
154	
264.1089(b)(2)(ii)	

	

	
owners/operators using external floating roof shall prepare & maintain documentation & records for specified items	
154	
264.1089(b)(2)(iii) intro	

	

			
264.1089(b)(2)(iii)(A)	

	

			
264.1089(b)(2)(iii)(B)	

	

	
each owner/operator using an enclosure shall prepare & maintain specified records	
154	
264.1089(b)(2)(iv)	

	

			
264.1089(b)(2)(iv)(A)	

	

			
264.1089(b)(2)(iv)(B)	

	

	
owner/operator of a surface impoundment using air emission controls in accordance with 264.1085 shall prepare & maintain records that include:	
154	
264.1089(c) intro	

	

	
surface impoundment identification number 	
154	
264.1089(c)(1)	

	

	
documentation describing floating membrane cover that includes description of cover design, & certification that it meets specifications in 264.1085(c)	
154	
264.1089(c)(2)	

	

	
record for each inspection required by 264.1085 that includes:	
154	
264.1089(c)(3) intro	

	

	
date inspection was conducted	
154	
264.1089(c)(3)(i)	

	

	
for each defect detected during inspection: location, description, date & corrective action; if repair delayed, owner/ operator shall record reason & date of expected repair	
154	
264.1089(c)(3)(ii)	

	

	
for a surface impoundment equipped with cover & vented through a closed-vent system to a control device, owner/operator shall prepare & maintain records specified in 264.1089(e)	
154	
264.1089(c)(4)	

	

	
owner/operator of containers using Container Level 3 air emission controls in accordance with 264.1086 shall prepare & maintain records that include:	
154	
264.1089(d) intro	

	

	
records for most recent calculations & measurements to verify enclosure meets criteria of a permanent total enclosure as in "Procedure T" 40 CFR 52.741, appendix B	
154	
264.1089(d)(1) 	

	

	
records required for closed-vent system & control device in accordance with 264.1089(e)	
154	
264.1089(d)(2) 	

	

	
owner/operator using closed-vent system & control device in accordance with 264.1087 shall prepare & maintain records that include:	
154	
264.1089(e) intro	

	

	
documentation that includes:	
154	
264.1089(e)(1) intro	

	

	
certification signed & dated by owner/ operator stating the control device is designed to operate at performance level when operating at capacity 	
154	
264.1089(e)(1)(i)	

	

	
specified design documentation if  design analysis used; include a description of the control device design in accordance with 264.1035(b)(4)(iii) & certification by owner/operator that control equipment meets applicable specifications 	
154	
264.1089(e)(1)(ii)	

	

	
performance test plan & all test results, if performance tests are used	
154	
264.1089(e)(1)(iii)	

	

	
information as required by 264.1035 (c)(1)-(2)	
154	
264.1089(e)(1)(iv)	

	

	
owner/operator shall record on semiannual basis, information specified in 264.1089(e)(1)(v)(A)-(B) for planned routine maintenance operations requiring control devices not to meet 264.1087(c)(1)(i)-(iii) requirements	
154	
264.1089(e)(1)(v) intro	

	

		
154	
264.1089(e)(1)(v)(A)	

	

		
154	
264.1089(e)(1)(v)(B)	

	

	
owner/operator shall record the information specified in 264.1089(e)(1)(vi)(A)-(C) for unexpected control device system malfunctions 	
154	
264.1089(e)(1)(vi) intro	

	

			
264.1089(e)(1)(vi)(A)	

	

			
264.1089(e)(1)(vi)(B)	

	

			
264.1089(e)(1)(vi)(C)	

	

	
management records of carbon removed from a carbon adsorption system conducted in accordance with 264.1087(c)(3)(ii)  	
154	
264.1089(e)(1)(vii)	

	

	
owner/operator of a tank, surface impoundment, or container exempted from standards in accordance with 264.1082(c) shall prepare & maintain following records:	
154	
264.1089(f) intro	

	

	
if exempted under 264.1082(c)(1)  or 264.1082(c)(2)(i)-(vi), owner/operator shall record information used for each waste determination in operating log; if waste sample results used for the determination, date, time, & location shall be recorded in accordance with 264.1083	
154,163	
264.1089(f)(1)	

	

	
if exempted under 264.1082(c)(2)(vii) or (viii), owner/operator shall record ID number for the incinerator, boiler, or industrial furnace in which hazardous waste is treated	
154	
264.1089(f)(2)	

	

	
owner/operator designating a cover as "unsafe to inspect and monitor" shall record in the facility  log: ID numbers, explanations, & inspection plans & schedules	
154	
264.1089(g)	

	

	
owners/operators subject to 264, Subpart CC & to control device standards in 40 CFR Part 60, Subpart VV, or 40 CFR Part 61, Subpart V, may demonstrate compliance by documentation pursuant to those subparts to extent it duplicates that required by 264.1089	
154	
264.1089(h)	

	

	
for tank or container not using air emission controls specified in 264.1084-264.1087 in accordance with 264.1080(d), owner/ operator shall record & maintain the following:	
154	
264.1089(i)	

	

	
list of individual organic peroxide compounds manufactured at the facility that meet 264.1080(d)(1) conditions 	
154	
264.1089(i)(1)	

	

	
description of how hazardous waste containing organic peroxide compounds identified in 264.1089(i)(1) are managed in tanks & containers; the description shall include:	
154	
264.1089(i)(2)	

	

	
for tanks, sufficient information provided to describe: facility tank ID number, purpose & placement of the tank in the management train of this hazardous waste, & procedures used to ultimately dispose of hazardous waste	
154	
264.1089(i)(2)(i)	

	

	
for containers, sufficient information provided to describe: facility ID number for each container or group of containers; purpose & placement in the management train of this hazardous waste, & procedures used to ultimately dispose of hazardous waste 	
154	
264.1089(i)(2)(ii)	

	

	
why managing the hazardous waste containing organic peroxide compounds identified in 264.1089(i)(1) would create an undue safety hazard if specified air emission controls are installed & operated; include the following information:	
154	
264.1089(i)(3)	

	

	
for tanks, sufficient information to explain: how required air emission controls would affect design & facility operating procedures currently used, & why installation of safety devices under Part 264, Subpart CC will not address situations when evacuation is necessary	
154	
264.1089(i)(3)(i)	

	

	
for containers, sufficient information to explain: how required air emission controls would affect design & handling procedures currently used, & why installation of safety devices under Part 264, Subpart CC will not address situations in which evacuation is necessary	
154	
264.1089(i)(3)(ii)	

	

	
for each hazardous waste management unit not using air emission controls under 264.1084 through 264.1087 in accordance with 264.1080(b)(7), owner and operator shall record and maintain the following:	
163	
264.1089(j)	

	

	
certification that waste management unit equipped with and operating air emission controls in accordance with 40 CFR part 60, part 61, or part 63	
163	
264.1089(j)(1)	

	

	
identification of specific requirements under 40 CFR part 60, part 61, or part 63 with which waste management unit is in compliance	
163	
264.1089(j)(2)	

	

	
REPORTING REQUIREMENTS	

owner/operator managing hazardous waste in a tank, surface impoundment, or container exempted in accordance with 264.1082(c) shall report each occurrence when there is noncompliance with 264.1082(c)(1) or (2); written report submitted within 15 days; shall contain specified information	
154	
264.1090(a)	

	

	
owner/operator using tank air emission controls in accordance with 264.1084(c) shall report each occurrence when there is noncompliance with 264.1084(b); written report be submitted within 15 days; shall contain specified information	
154	
264.1090(b)	

	

	
owner/operator using control device in accordance with 264.1087 shall submit a semiannual written report except as in 264.1090(d); shall describe each occurrence past 6 mos. when either:  control device is operated continuously for 24 hours or longer in noncompliance with operating values defined in '264.1035 (c)(4) or flare is operated with visible emissions for 5 minutes or longer in two-hour period, as in '264.1033(d);
report include EPA ID#, facility name & address, explanation, & actions taken; signed & dated	

154	
264.1090(c)	

	

									

									

report to Regional Administrator is not required for 6-month period during which all control devices are operated such that:	
154	
264.1090(d)	

	

	
during no period of 24 hours or longer did a control device operate continuously in noncompliance with 264.1035(c)(4); &	
154	
264.1090(d)(1)	

	

	
no flare was operated with visible emissions for 5 minutes or longer in a two-hour period, as in 264.1033 (d)	
154	
264.1090(d)(2)	

	

	
reserve	
154	
264.1091	

	

	
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES	

SUBPART A - GENERAL	

PURPOSE, SCOPE, AND APPLICABILITY	

replace "The standards of this part" in the first sentence of this paragraph with "Except as provided in ' 265.1080(b), the standards of this part"	
154	
265.1(b)	

	

	
SUBPART B - GENERAL FACILITY STANDARDS	

GENERAL WASTE ANALYSIS	

add "265.1084," after "265.1063(d),"	
154	
265.13(b)(6)	

	

	
add new paragraph and subparagraphs; owners/operators who are seeking exemption to Subpart CC air emission standards in accordance with 265.1083	
154	
265.13(b)(8)	

	

	
if direct measurement used for determination, procedures & schedules for waste sampling & analysis, & results of analysis to verify exemption	
154	
265.13(b)(8)(i)	

	

	
if knowledge of waste is used for determination, any information that is used as basis for knowledge	

154	
265.13(b)(8)(ii)	

	

	
GENERAL INSPECTION REQUIREMENTS	

replace Ait@ with Athe frequency; remove "and" preceding "265.1058"; add  "and 265.1084 through 265.1090 of this part," after "265.1058"	
154,163	
265.15(b)(4)	

	

	
SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING	

OPERATING RECORD	

insert ", waste determinations," after "waste analysis,"; add "265.1084," after "265.1063,"	
154	
265.73(b)(3)	

	

	
delete "," after "testing"; insert Aof this part@ after Asubpart F@; replace "265.302-265.304" with "265.302 through 265.304"; replace "265.1034(c)-265.1034(f)" with "265.1034(c) through 265.1034(f)"; replace "265.1063(d)-265.1063(i)" with "265.1063(d) through 265.1063(i)"; remove "and" after "264.1063(i)"; add A and 265.1083 through 265.1090 of this part" after "265.1064";	
154,163	
265.73(b)(6)	

	

	
ADDITIONAL REPORTS	

remove "and" after "AA"; insert ", and CC of this part" after "BB"	
154	
265.77(d)	

	

	
SUBPART I - USE AND MANAGEMENT OF CONTAINERS	

AIR EMISSION STANDARDS	

add new section; owners/operators subject to applicable requirements of 265, Subparts AA, BB, & CC if they place hazardous waste in a container	
154	
265.178	

	

	
SUBPART J - TANK SYSTEMS	

AIR EMISSION STANDARDS	

add new section; owners/operators subject to applicable requirements of 265, Subparts AA, BB, & CC if they place hazardous waste in a tank	
154	
265.202	

	

	
SUBPART K - SURFACE IMPOUNDMENTS	

AIR EMISSION STANDARDS	

add new section; owners/operators subject to applicable requirements of 265, Subparts BB & CC if they place hazardous waste in surface impoundment	
154	
265.231	

	

	
SUBPART AA - AIR EMISSION STANDARDS FOR PROCESS VENTS	

2	
APPLICABILITY	

replace "265.1034(d) and (e)" with "265.1034, paragraphs (d) and (e)"; insert "one of the following" after "conducted in"	
154	
265.1030(b)	

	

	
replace "Units that are" with "A unit that is"; insert "40 CFR" before "part 270"	
154	
265.1030(b)(1)	

	

	
completely revise: unit not exempt from permitting under 262.34(a) & located at hazardous waste management facility subject to Part 270, or	
154	
265.1030(b)(2)	

	

	
add new paragraph: unit that is exempt from permitting under 262.34(a) and is not a recycling unit under the provisions of 40 CFR 261.6	
154,163	
265.1030(b)(3)	

	

	
add new paragraph: requirements of part 265, subpart AA, do not apply to process vents at facility where owner or operator certifies that all process vents are equipped with and operating air emission controls in accordance with 40 CFR part 60, part 61, or part 63; documentation of compliance with 40 CFR part 60, part 61, or part 63 shall be kept or made available with facility operating record	
163	
265.1030(d)	

	

	
STANDARDS:  CLOSED-VENT SYSTEMS AND CONTROL DEVICES	

owner or operator of existing facility who cannot install closed-vent system and control device to comply with part 265, subpart AA by effective date must prepare implementation schedule that includes expected dates of installation and operation;  implementation schedule may allow up to 30 months for installation and startup	
154,163	
265.1033(a)(2)(i)	

	

	
add new paragraph: unit that begins operation after December 21, 1990, and subject to requirements of part 265, subpart AA when operation begins must comply with rules immediately	
163	
265.1033(a)(2)(ii)	

	

	
add new paragraph: owner or operator of facility in existence on effective date of statutory or EPA regulatory amendment that renders facility subject to part 265, subpart AA shall comply with requirements of part 265, subpart AA no later than 30 months after amendment=s effective date; when control equipment cannot be installed and operational by effective date facility owner or operator shall prepare implementation schedule; enter implementation schedule in operating record or permanent file at facility	
163	
265.1033(a)(2)(iii)	

	

	
add new paragraph: owners and operators of facilities and units newly subject to part 265, subpart AA after December 8, 1997, due to action other than under 265.1033(a)(2)(iii), must comply with requirements immediately	
163	
265.1033(a)(2)(iv)	

	

	
replace "at two locations and have" with "with"; replace first "oC" with "degrees Celsius (oC)"; replace "One temperature" with "The temperature"; replace ", and a second temperature sensor shall be installed at a location in the coolant fluid exiting the condenser" with "exit (i.e., product side)" 	
154,163	
265.1033(f)(2)(vi)(B)	

	

	
add new paragraph: design requirements of closed-vent system are either:	
154	
265.1033(j)	

	

	
completely revise: to operate with no detectable emissions as determined by 265.1034(b), & by visual inspections; or	
154	
265.1033(j)(1)	

	

	
completely revise: to operate at pressure below atmospheric pressure; how to equip system	
154	
265.1033(j)(2)	

	

	
redesignate 265.1033(k) as 265.1033(l); add new 265.1033(k): owner/ operator to monitor & inspect closed-vent system to ensure proper operation & maintenance by implementing following: 	
154	
265.1033(k)	

	

	
closed-vent system used to comply with 265.1033(j)(1) shall be inspected & monitored in accordance with:	
154	
265.1033(k)(1)	

	

	
initial leak detection monitoring shall be conducted on or before date system becomes subject to 265.1033; use procedures in 265.1034(b)	
154	
265.1033(k)(1)(i)	

	

	
after monitoring required in 265.1033(k)(1)(i), owner/operator shall inspect & monitor as follows:	
154	
265.1033(k)(1)(ii)	

	

			
265.1033(k)(1)(ii)(A)	

	

			
265.1033(k)(1)(ii)(B)	

	

	
in event that defect or leak is detected, owner/operator shall repair it in accordance with 265.1033(k)(3)	
154	
265.1033(k)(1)(iii)	

	

	
owner/operator shall maintain record of inspection & monitoring in accordance with 265.1035	
154	
265.1033(k)(1)(iv)	

	

	
each closed-vent system used to comply with 265.1033(j)(2) shall be inspected & monitored in accordance with the specified requirements	
154	
265.1033(k)(2)	

	

			
265.1033(k)(2)(i)	

	

			
265.1033(k)(2)(ii)	

	

			
265.1033(k)(2)(iii)	

	

			
265.1033(k)(2)(iv)	

	

	
owner/operator shall repair all detected defects as follows:	
154	
265.1033(k)(3)	

	

	
detectable emissions shall be controlled as soon as practicable, but not later than 15 days after detected, except as in 265.1033(k)(3)(iii)	
154	
265.1033(k)(3)(i)	

	

	
first attempt at repair shall be made no later than 5 days after emission is detected	
154	
265.1033(k)(3)(ii)	

	

	
delay of repair is allowed if it is infeasible without a shutdown, or if emissions resulting from repair are > emissions from delay of repair; repair of such equipment shall be completed by end of next shutdown	
154	
265.1033(k)(3)(iii)	

	

	
owner/operator shall maintain record of repair in accordance with 265.1035	
154	
265.1033(k)(3)(iv)	

	

	
redesignate former 265.1033(k) as (l) 	
154	
265.1033(l)	

	

	
add new paragraph and subparagraphs: owner/operator using carbon adsorption system shall document that all carbon that is hazardous & removed from control device is managed in one of following manners:	
154	
265.1033(m)	

	

	
regenerated or reactivated in a thermal treatment unit that meets one of following: 	
154	
265.1033(m)(1)	

	

	
owner/operator has been issued final permit under part 270, which implements part 264 subpart X requirements; or 	
154	
265.1033(m)(1)(i)	

	

	
unit is equipped with & operating air emission controls in accordance with subparts AA & CC of 264 or 265; or	
154	
265.1033(m)(1)(ii)	

	

	
unit is equipped with & operating air emission controls in accordance with national emission standards of 61 or 63	
154	
265.1033(m)(1)(iii)	

	

	
incinerated in a hazardous waste incinerator for which the owner/operator either:	
154	
265.1033(m)(2)	

	

	
has been issued a final permit under part 270 which implements the requirements of part 264 subpart O; or	
154	
265.1033(m)(2)(i)	

	

	
has designed & operates the incinerator in accordance with part 265, subpart O	
154	
265.1033(m)(2)(ii)	

	

	
burned in boiler or industrial furnace for which owner/operator either:	
154	
265.1033(m)(3)	

	

	
has been issued a final permit under part 270 which implements part 266, subpart H; or	
154	
265.1033(m)(3)(i)	

	

	
has designed & operates boiler or industrial furnace in accordance with part 266, subpart H	
154	
265.1033(m)(3)(ii)	

	

	
add new paragraph and subparagraphs: any components of a closed-vent system designated in 265.1035(c)(9) as unsafe are exempt from 265.1033 (k)(1)(ii)(B) if:	
154	
265.1033(n)	

	

	
owner/operator determines that monitoring personnel would be in danger as a consequence of complying	
154	
265.1033(n)(1)	

	

	
owner/operator adheres to written plan requiring monitoring using procedure in 265.1033(k)(1)(ii)(B) as frequently as practicable	
154	
265.1033(n)(2)	

	

	
TEST METHODS AND PROCEDURES	

replace "'265.1033(j)" with "'265.1033(k) of this subpart"	
154	
265.1034(b) intro	

	

	
RECORDKEEPING REQUIREMENTS	

replace "(f) through (j)" with "(f) through (k)"; insert "of this subpart" after "265.1033"	
154	
265.1035(c)(3)	

	

	
add new paragraph: recordkeeping requirements for owner/ operator designating any components of a closed-vent system as unsafe to monitor shall record ID of such components in accordance with 265.1033(n), & explain why component is unsafe & plan for monitoring	
154	
265.1035(c)(9)	

	

	
add new paragraph and subparagraphs: when leak is detected as in 265.1033(k), the following shall be recorded:	
154	
265.1035(c)(10)	

	

	
instrument number, closed-vent system component ID number, & operator name, initials, or ID number	
154	
265.1035(c)(10)(i)	

	

	
date leak was detected & date of first attempt to repair	
154	
265.1035(c)(10)(ii)	

	

	
date of successful repair	
154	
265.1035(c)(10)(iii)	

	

	
maximum instrument reading by Method 21, part 60, Appendix A	
154	
265.1035(c)(10)(iv)	

	

	
"repair delayed" & reason for delay if not repaired within 15 days 	
154	
265.1035(c)(10)(v) intro	

	

	
owner/operator may develop written procedure to identify conditions justifying repair delay; document reasons for repair delay	
154	
265.1035(c)(10)(v)(A)	

	

	
documentation required if repair delay was due to depletion of stocked parts	
154	
265.1035(c)(10)(v)(B)	

	

	
replace "(c)(3)-(c)(8)" with "(c)(3) through (c)(10)"; replace "need be kept only 3 years" with "shall be maintained by the owner/operator for at least 3 years following the date of each occurrence, measurement, maintenance, corrective action, or record"	
154	
265.1035(d)	

	

	
SUBPART BB - AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS	

2	
APPLICABILITY	

replace "265.1064(j)" with "265.1064(k)"; insert "one of the following" after "managed in"	
154	
265.1050(b) intro	

	

	
replace "Units that are" with "A unit that is"; insert "40 CFR" prior to "part 270"	
154	
265.1050(b)(1)	

	

	
completely revise: unit not exempt from permitting under 262.34(a) that is located at a hazardous waste management facility otherwise subject to part 270, or 	
154	
265.1050(b)(2)	

	

	
add new paragraph: unit that is exempt from permitting under 262.34(a) and is not a recycling unit under the provisions of 40 CFR 261.6	
154,163	
265.1050(b)(3)	

	

	
add new paragraph: equipment that contains or contacts hazardous waste with specific organic concentration is excluded from 265.1052-265.1060 if identified, as required in 265.1064(g)(6)	
154,163	
265.1050(e)	

	

	
STANDARDS: SAMPLING CONNECTION SYSTEMS	

insert ", closed-loop," after "closed-purge"; delete "system" after "closed-purge"; insert second & third sentences regarding reason for sample purge system & that gases displaced during filling do not require collection 	
154	
265.1055(a)	

	

	
delete "system" following "closed-purge"; insert ", closed-loop," after "closed-purge"; insert "of this section" following "paragraph (a)" 	
154	
265.1055(b) intro	

	

	
completely revise: return purged process fluid directly to process line;	
154	
265.1055(b)(1)	

	

	
replace "hazardous waste stream with no detectable emissions to atmosphere," with "process fluid;"	
154	
265.1055(b)(2)	

	

	
completely revise: be designed & operated to capture & transport all purged process fluid to waste management unit that complies with 265.1085-265.1087 or control device that complies with 265.1060	
154	
265.1055(b)(3)	

	

	
insert "and sampling systems without purges" after "systems"	
154	
265.1055(c)	

	

	
STANDARDS: PUMPS AND VALVES IN HEAVY LIQUID SERVICE, PRESSURE RELIEF DEVICES IN LIGHT LIQUID OR HEAVY LIQUID SERVICE, AND FLANGES AND OTHER CONNECTORS	

add new paragraph: inaccessible, ceramic or ceramic-lined connectors exempt from monitoring requirements of 265.1058(a) & recordkeeping requirements of 265.1064	
154	
265.1058(e)	

	

	
STANDARDS: CLOSED-VENT SYSTEMS AND CONTROL DEVICES	

redesignate 265.1060 as 265.1060(a); add Asubject to this subpart@ after Adevices@; add Aof this part@ at end	
163	
265.1060(a)	

	

	
add new paragraph: owner or operator who cannot install closed-vent system and control device to comply with part 265, subpart BB by effective date must prepare implementation schedule including dates by which closed-vent system and control device will be installed and in operation; implementation schedule may allow up to 30 months after effective date for installation and startup	
163	
265.1060(b)(1)	

	

	
add new paragraph: any units that begin operation after December 21, 1990, and are subject to part 265, Subpart BB, must comply with rules immediately	
163	
265.1060(b)(2)	

	

	
add new paragraph: owner or operator of facility in existence on effective date of statutory or regulatory amendment that renders facility subject to part 265, subpart BB shall comply with subpart BB, requirements no later than 30 months after effective date of amendment; facility owner or operator shall prepare implementation schedule; enter implementation schedule in operating record or permanent file at facility	
163	
265.1060(b)(3)	

	

	
add new paragraph: owners and operators of facilities and units newly subject to part 265, subpart BB, after December 8, 1997, due to action other than under 265.1060(b)(3), must comply with requirements immediately	
163	
265.1060(b)(4)	

	

	
ALTERNATIVE STANDARDS FOR VALVES IN GAS/VAPOR SERVICE OR IN LIGHT LIQUID SERVICE: SKIP PERIOD LEAK DETECTION AND REPAIR	

	
add A(i.e., monitor for leaks once every six months)@ after Aperiods@; add Aof this subpart@ at end of paragraph	
163	
265.1062(b)(2)	

	

	
add A(i.e., monitor for leaks once every year)@ after second Aperiods@; add Aof this subpart@ at end of paragraph	
163	
265.1062(b)(3)	

	

	
RECORDKEEPING REQUIREMENTS	

add new paragraph: ID of equipment that contains or contacts hazardous waste with certain characteristics	
154,163	
265.1064(g)(6)	

	

	
revise paragraph: owner or operator of facility with equipment subject to part 265, subpart BB, and to leak detection, monitoring, and repair requirements of 40 CFR part 60, part 61, or part 63 may elect to determine compliance with subpart BB by documentation under 265.1064 or by documentation of compliance with 40 CFR part 60, part 61, or part 63; documentation of compliance under 40 CFR part 60, part 61, or part 63 shall be kept or made available with the operating record	
163	
265.1064(m)	

	

4	
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) intro	

	

	
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 unit from 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) intro	

	

	
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) intro	

	

		
154	
265.1080(d)(1)	

	

		
154	
265.1080(d)(2)	

	

		
154	
265.1080(d)(3)	

	

	
DEFINITIONS	

terms not defined in 265.1081 have meaning given in the Act & 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) intro	

	

	
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) intro	

	

	
install & begin operation and complete modifications of production or treatment processes 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 recordkeeping 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 a statutory or EPA regulatory amendment that subject the facilities to 265, Subpart I, J, or K shall meet the following requirements:	
154,163	
265.1082(b) intro	

	

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

	

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

	

	
install & begin operation and complete modification of production and treatment processes 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 recordkeeping requirements of 265.73 of this part, 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 of this part, 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)	

	

12	
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, & containers subject to 265, Subpart CC	
154	
265.1083(a)	

	

	
owner/operator shall control air pollutant emissions from each hazardous waste management unit in accordance with 265.1085-1088, except as in 265.1083(c)	
154,163	
265.1083(b)	

	

	
tank, surface impoundment, or container is exempt from 265.1085-1088, as applicable, provided unit is: 	
154	
265.1083(c) intro	

	

	
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 organic destruction or removal that achieves one of following:	
154	
265.1083(c)(2) intro	

	

	
process that removes or destroys organics to 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% & average VO concentration at point of waste treatment is < 100 ppmw; how organic reduction efficiency & 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 is > required organic mass removal rate established for the process; how required organic mass removal rate & 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) intro	

	

	
organic reduction efficiency for process is > 95% & organic biodegradation efficiency is > 95%; how organic reduction efficiency & 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 organic mass removal rate & actual mass biodegradation rate shall be determined	
154	
265.1083(c)(2)(iv)(B)	

	

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

	

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

	

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

	

			
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) intro	

	

	
been issued a final permit under part 270 which implements part 264, subpart O; or	
154.1
154	
265.1083(c)(2)(vii)(A)	

	

	
has designed & 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/operator has either:	
154	
265.1083(c)(2)(viii) intro	

	

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

	

	
designed & 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) intro	

	

	
if Method 25D in part 60, appendix A is used, 1/2 blank value determined in method  at section 4.4 of Method 25D, 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) intro	

	

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

	

	
organic hazardous constituents in the waste have been treated as in 268.42(a), or 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) intro	

	

	
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 a tank, surface impoundment, or container exempted from using air emission controls under 265.1083 as follows:	
154	
265.1083(d) intro	

	

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

	

	
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/operator performs waste determination, Regional Administrator may have 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/ operator, then results of waste determination performed under 265.1083(d)(1) shall be used	
154	
265.1083(d)(4)	

	

	
if averaging period > 1 hour was used to determine average VO concentration of hazardous waste at point of origination, Regional Administrator can establish 265, Subpart CC compliance by performing or requesting that owner/operator perform waste determination based on samples collected within 1-hour period as specified	
154	
265.1083(d)(5) intro	

	

			
265.1083(d)(5)(i)	

	

			
265.1083(d)(5)(ii)	

	

			
265.1083(d)(5)(iii)	

	

	
WASTE DETERMINATION PROCEDURES	

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

	

	
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 265.1085-1088	
154	
265.1084(a)(1) intro	

	

	
add subparagraph; 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)	

	

	
add subparagraph; 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) intro	

	

	
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) intro	

	

		
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) intro	

	

		
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) intro	

	

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

	

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

	

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

	

		
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) intro	

	

	
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) intro	

	

	
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) intro	

	

	
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/operator may choose one or more appropriate methods to analyze each collected sample in accordance with 265.1084(a)(3)(iii)	
154,163	
265.1084(a)(4)(iv)	

	

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

	

	
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 265.1085-1088	
154,163	
265.1084(b)(1)	

	

	
add paragraph; 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)	

	

	
add paragraph; 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)	

	

	
procedure to determine average VO concentration of hazardous waste at point of waste treatment	
154	
265.1084(b)(3) intro	

	

	
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) intro	

	

		
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)	

	

	
	
154,163, 177	
265.1084(b)(3)(iii) intro	

	

	
analysis; each collected sample shall be prepared & analyzed in accordance with one or more of the specified methods	
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) intro	

	

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

	

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

	

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

	

		
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) intro	

	

	
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) intro	

	

	
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) intro	

	

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

	

			
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) intro	

	

	
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) intro	

	

	
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) intro	

	

	
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 waste	
154	
265.1084(b)(9) intro	

	

	
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) intro	

	

	
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 as 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) intro	

	

	
sufficient number of samples shall be collected to represent waste in the tank; 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," SW-846	
154	
265.1084(c)(3)(i)	

	

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

	

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

	

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

	

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

	

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

	

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

	

	
use of knowledge to determine maximum organic vapor pressure of hazardous waste; documentation shall be prepared & 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); example of information that may be used 	
154	
265.1084(c)(4)	

	

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

	

	
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) intro	

	

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

	

	
a mixture of methane or n-hexane 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) intro	

	

	
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) intro	

	

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

	

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

	

			
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) intro	

	

	
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) intro	

	

	
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 shall be equipped with a closure device or connected by a closed-vent system	
154,163	
265.1085(c)(2)(iii) intro	

	

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

	

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

	

		
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) intro	

	

	
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) intro	

	

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

	

			
265.1085(c)(3)(i)(B)	

	

	
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) intro	

	

	
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) intro	

	

	
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) intro	

	

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

	

	
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) intro	

	

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

	

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

	

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

	

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

	

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

	

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

	

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

	

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

	

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

	

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

	

	
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) intro	

	

	
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) intro	

	

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

	

			
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) intro	

	

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

	

			
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) intro	

	

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

	

	
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) intro	

	

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

	

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

	

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

	

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

	

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

	

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

	

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

	

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

	

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

	

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

	

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

	

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

	

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

	

	
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)	

	

	
cap on the end of unslotted guide poles shall be closed at all times except when measuring liquid level or collecting samples 	
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) intro	

	

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

	

		
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) intro	

	

		
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) intro	

	

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

	

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

	

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

	

			
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) intro	

	

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

	

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

	

			
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) intro	

	

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

	

	
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 headspace is < atmospheric pressure; if pressure in vapor headspace 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) intro	

	

	
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) intro	

	

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

	

			
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) intro	

	

	
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) intro	

	

	
tank shall not be designed to vent to atmosphere as result of compression in vapor headspace 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)	

	

6	
whenever hazardous waste is in the tank, it shall be operated as a closed system that does not vent to atmosphere except as specified in paragraph (h)(3)(i) or (h)(3)(ii)	
154, 177	
265.1085(h)(3) intro	

	

	
add subparagraph; when opening safety device is required to avoid unsafe condition	
177	
265.1085(h)(3)(i)	

	

	
add subparagraph; when purging of inerts from tank is required and purge stream is routed to closed-vent system and control device designed & 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) intro	

	

	
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) intro	

	

	
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) intro	

	

	
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) intro	

	

	
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) intro	

	

 	
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)  intro	

	

	
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) intro	

	

	
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) intro	

	

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

	

	
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) intro	

	

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

	

			
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) intro	

	

	
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) intro	

	

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

	

			
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) intro	

	

	
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) intro	

	

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

	

	
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 headspace is < atmospheric pressure; if pressure in vapor headspace 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) intro	

	

	
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) intro	

	

		
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) intro	

	

	
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) intro	

	

	
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) intro	

	

	
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) intro	

	

	
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) intro	

	

	
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) intro	

	

7	
owner/operator shall control air pollutant emissions from each container subject to 265.1087 in accordance with the following:	
154	
265.1087(b)(1) intro	

	

	
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) intro	

	

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

	

	
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) intro	

	

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

	

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

	

			
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) intro	

	

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

	

			
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) intro	

	

	
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) intro	

	

7	
container using Container Level 2 controls is one of following:	
154	
265.1087(d)(1) intro	

	

	
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) intro	

	

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

	

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

	

			
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) intro	

	

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

	

			
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) intro	

	

	
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) intro	

	

7	
container using Container Level 3 controls is one of following:	
154	
265.1087(e)(1) intro	

	

	
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) intro	

	

	
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)	

	

	
add paragraph; 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) intro	

	

	
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) intro	

	

	
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) intro	

	

	
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) intro	

	

	
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) intro	

	

	
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 the following requirements:	
154	
265.1088(c) intro	

	

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

	

	
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) intro	

	

	
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) intro	

	

	
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 removed from control device shall be managed in accordance with 265.1033(m), regardless of average VOC 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) intro	

	

	
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) intro	

	

	
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/operator has been issued a final permit & has designed & operates unit in accordance with 266, Subpart H; or	
154	
265.1088(c)(5)(i)(D)	

	

	
boiler or industrial furnace burning hazardous waste for which owner/operator designed & operates 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)	

	

	
RECORDKEEPING 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 unit is not using air emission controls in 265.1085-265.1088	
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) intro	

	

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

	

	
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) intro	

	

		
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) intro	

	

	
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) intro	

	

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

	

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

	

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

	

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

	

			
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) intro	

	

	
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) intro	

	

	
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) intro	

	

	
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) intro	

	

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

	

	
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) intro	

	

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

	

			
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) intro	

	

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

	

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

	

			
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) intro	

	

	
if exempted under 265.1083(c)(1) and 265.1084(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/operators subject to 265, Subpart CC & 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 265.1085-1088, owner/operator shall record & maintain the following:	
154	
265.1090(i) intro	

	

	
list of organic peroxide compounds manufactured at the 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) intro	

	

	
for tanks, sufficient information provided to describe: facility tank ID number, purpose & placement of tank in the management train, & 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 the container or group of containers, purpose & placement of container(s) in management train, & 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 undue safety hazard if specified air emission controls are installed & operated; include following information: 	
154	
265.1090(i)(3) intro	

	

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

	

	
for containers, sufficient information to explain how required air emission controls would affect design & handling procedures currently used, & 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) intro	

	

	
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)	

	

	
reserve	
154	
265.1091	

	

	
PART 265 APPENDICES	

APPENDIX VI	

add Appendix VI to read as follows:	
154,163	
Part 265, Appendix VI	

	

	

	
Appendix VI to Part 265‑‑Compounds With Henry's Law Constant Less Than 0.1 Y/X	

	
Compound name	CAS No.	

	
Acetaldol	107‑89‑1	

	
Compound name	CAS No.	

	
Acetamide	60‑35‑5	

	
2‑Acetylaminofluorene	53‑96‑3	

	
3‑Acetyl‑5‑hydroxypiperidine.	

	
3‑Acetylpiperidine	618‑42‑8	

	
1‑Acetyl‑2‑thiourea	591‑08‑2	

	
Acrylamide	79‑06‑1	

	
Acrylic acid	79‑10‑7	

	
Adenine	73‑24‑5	

	
Adipic acid	124‑04‑9	

	
Adiponitrile	111‑69‑3	

	
Compound name	CAS No.	

	
Alachlor	15972‑60‑8	

	
Aldicarb	116‑06‑3	

	
Ametryn	834‑12‑8	

	
4‑Aminobiphenyl	92‑67‑1	

	
4‑Aminopyridine	504‑24‑5	

	
Aniline	62‑53‑3	

	
o‑Anisidine	90‑04‑0	

	
Anthraquinone	84‑65‑1	

	
Atrazine	1912‑24‑9	

	
Benzenearsonic acid	98‑05‑5	

	
Benzenesulfonic acid	98‑11‑3	

	
Benzidine	92‑87‑5	

	
Benzo(a)anthracene	56‑55‑3	

	
Benzo(k)fluoranthene	207‑08‑9	

	
Benzoic acid	65‑85‑0	

	
Benzo(g,h,i)perylene	191‑24‑2	

	
Benzo(a)pyrene	50‑32‑8	

	
Benzyl alcohol	100‑51‑6	

	
gamma‑BHC	58‑89‑9	

	
Bis(2‑ethylhexyl)phthalate	117‑81‑7	

	
Bromochloromethyl acetate.	

	
Bromoxynil	1689‑84‑5	

	
Butyric acid	107‑92‑6	

	
Caprolactam (hexahydro‑2H‑azepin‑2‑one)	105‑60‑2	

	
Catechol (o‑dihydroxybenzene)	120‑80‑9	

	
Compound name	CAS No.	

	
Cellulose	9004‑34‑6	

	
Cell wall.	

	
Chlorhydrin (3‑Chloro‑1,2‑propanediol)	96‑24‑2	

	
Chloroacetic acid	79‑11‑8	

	
2‑Chloroacetophenone	93‑76‑5	

	
p‑Chloroaniline	106‑47‑8	

	
p‑Chlorobenzophenone	134‑85‑0	

	
Chlorobenzilate	510‑15‑6	

	
p‑Chloro‑m‑cresol (6‑chloro‑m‑cresol)	59‑50‑7	

	
3‑Chloro‑2,5‑diketopyrrolidine.	

	
Chloro‑1,2‑ethane diol.	

	
4‑Chlorophenol	106‑48‑9	

	
Chlorophenol polymers (2‑chlorophenol & 4‑chlorophenol)	95‑57‑8 & 106‑48‑9	

	
1‑(o‑Chlorophenyl)thiourea	5344‑82‑1	

	
Chrysene	218‑01‑9	

	
Citric acid	77‑92‑9	

	
Creosote	8001‑58‑9	

	
m‑Cresol	108‑39‑4	

	
o‑Cresol	95‑48‑7	

	
p‑Cresol	106‑44‑5	

	
Cresol (mixed isomers)	1319‑77‑3	

	
4‑Cumylphenol	27576‑86	

	
Cyanide	57‑12‑5	

	
4‑Cyanomethyl benzoate.	

	
Diazinon	333‑41‑5	

	
Compound name	CAS No.	

	
Dibenzo(a,h)anthracene	53‑70‑3	

	
Dibutylphthalate	84‑74‑2	

	
2,5‑Dichloroaniline (N,N'‑dichloroaniline)	95‑82‑9	

	
2,6‑Dichlorobenzonitrile11	1194‑65‑6	

	
2,6‑Dichloro‑4‑nitroaniline	99‑30‑9	

	
2,5‑Dichlorophenol	333‑41‑5	

	
3,4‑Dichlorotetrahydrofuran	3511‑19	

	
Dichlorvos (DDVP)	62737	

	
Diethanolamine	111‑42‑2	

	
N,N‑Diethylaniline	91‑66‑7	

	
Diethylene glycol	111‑46‑6	

	
Diethylene glycol dimethyl ether (dimethyl Carbitol)	111‑96‑6	

	
Diethylene glycol monobutyl ether (butyl Carbitol)	112‑34‑5	

	
Diethylene glycol monoethyl ether acetate (Carbitol acetate)	112‑15‑2	

	
Diethylene glycol monoethyl ether (Carbitol Cellosolve)	111‑90‑0	

	
Diethylene glycol monomethyl ether (methyl Carbitol)	111‑77‑3	

	
N,N'‑Diethylhydrazine	1615‑80‑1	

	
Diethyl (4‑methylumbelliferyl) thionophosphate	299‑45‑6	

	
Diethyl phosphorothioate	126‑75‑0	

	
N,N'‑Diethylpropionamide	15299‑99‑7	

	
Dimethoate	60‑51‑5	

	
2,3‑Dimethoxystrychnidin‑10‑one	357‑57‑3	

	
4‑Dimethylaminoazobenzene	60‑11‑7	

	
7,12‑Dimethylbenz(a)anthracene	57‑97‑6	

	
3,3‑Dimethylbenzidine	119‑93‑7	

	
Compound name	CAS No.	

	
Dimethylcarbamoyl chloride	79‑44‑7	

	
Dimethyldisulfide	624‑92‑0	

	
Dimethylformamide	68‑12‑2	

	
1,1‑Dimethylhydrazine	57‑14‑7	

	
Dimethylphthalate	131‑11‑3	

	
Dimethylsulfone	67‑71‑0	

	
Dimethylsulfoxide	67‑68‑5	

	
4,6‑Dinitro‑o‑cresol	534‑52‑1	

	
1,2‑Diphenylhydrazine	122‑66‑7	

	
Dipropylene glycol (1,1'‑oxydi‑2‑propanol)	110‑98‑5	

	
Endrin	72‑20‑8	

	
Epinephrine	51‑43‑4	

	
mono‑Ethanolamine	141‑43‑5	

	
Ethyl carbamate (urethane)	5‑17‑96	

	
Ethylene glycol	107‑21‑1	

	
Ethylene glycol monobutyl ether (butyl Cellosolve)	111‑76‑2	

	
Ethylene glycol monoethyl ether (Cellosolve)	110‑80‑5	

	
Ethylene glycol monoethyl ether acetate (Cellosolve acetate)	111‑15‑9	

	
Ethylene glycol monomethyl ether (methyl Cellosolve)	109‑86‑4	

	
Ethylene glycol monophenyl ether (phenyl Cellosolve)	122‑99‑6	

	
Ethylene glycol monopropyl ether (propyl Cellosolve)	2807‑30‑9	

	
Ethylene thiourea (2‑imidazolidinethione)	9‑64‑57	

	
4‑Ethylmorpholine	100‑74‑3	

	
3‑Ethylphenol	620‑17‑7	

	
Fluoroacetic acid, sodium salt	62‑74‑8	

	
Compound name	CAS No.	

	
Formaldehyde	50‑00‑0	

	
Formamide	75‑12‑7	

	
Formic acid	64‑18‑6	

	
Fumaric acid	110‑17‑8	

	
Glutaric acid	110‑94‑1	

	
Glycerin (Glycerol)	56‑81‑5	

	
Glycidol	556‑52‑5	

	
Glycinamide	598‑41‑4	

	
Glyphosate	1071‑83‑6	

	
Guthion	86‑50‑0	

	
Hexamethylene‑1,6‑diisocyanate (1,6‑diisocyanatohexane)	822‑06‑0	

	
Hexamethyl phosphoramide	680‑31‑9	

	
Hexanoic acid	142‑62‑1	

	
Hydrazine	302‑01‑2	

	
Hydrocyanic acid	74‑90‑8	

	
Hydroquinone	123‑31‑9	

	
Hydroxy‑2‑propionitrile (hydracrylonitrile)	109‑78‑4	

	
Indeno (1,2,3‑cd) pyrene	193‑39‑5	

	
Lead acetate	301‑04‑2	

	
Lead subacetate (lead acetate, monobasic)	1335‑32‑6	

	
Leucine	61‑90‑5	

	
Malathion	121‑75‑5	

	
Maleic acid	110‑16‑7	

	
Maleic anhydride	108‑31‑6	

	
Mesityl oxide	141‑79‑7	

	
Compound name	CAS No.	

	
Methane sulfonic acid	75‑75‑2	

	
Methomyl	16752‑77‑5	

	
p‑Methoxyphenol	150‑76‑5	

	
Methyl acrylate	96‑33‑3	

	
4,4'‑Methylene‑bis‑(2‑chloroaniline)	101‑14‑4	

	
4,4'‑Methylenediphenyl diisocyanate (diphenyl methane diisocyanate)	101‑68‑8	

	
4,4'‑Methylenedianiline	101‑77‑9	

	
Methylene diphenylamine (MDA).	

	
5‑Methylfurfural	620‑02‑0	

	
Methylhydrazine	60‑34‑4	

	
Methyliminoacetic acid.	

	
Methyl methane sulfonate	66‑27‑3	

	
1‑Methyl‑2‑methoxyaziridine.	

	
Methylparathion	298‑00‑0	

	
Methyl sulfuric acid (sulfuric acid, dimethyl ester)	77‑78‑1	

	
4‑Methylthiophenol	106‑45‑6	

	
Monomethylformamide (N‑methylformamide)	123‑39‑7	

	
Nabam	142‑59‑6	

	
alpha‑Naphthol	90‑15‑3	

	
beta‑Naphthol	135‑19‑3	

	
alpha‑Naphthylamine	134‑32‑7	

	
beta‑Naphthylamine	91‑59‑8	

	
Neopentyl glycol (dimethylolpropane)	126‑30‑7	

	
Niacinamide	98‑92‑0	

	
o‑Nitroaniline	88‑74‑4	

	
Compound name	CAS No.	

	
Nitroglycerin	55‑63‑0	

	
2‑Nitrophenol	88‑75‑5	

	
4‑Nitrophenol	100‑02‑7	

	
N‑Nitrosodimethylamine	62‑75‑9	

	
Nitrosoguanidine	674‑81‑7	

	
N‑Nitroso‑n‑methylurea	684‑93‑5	

	
N‑Nitrosomorpholine (4‑nitrosomorpholine)	59‑89‑2	

	
Oxalic acid	144‑62‑7	

	
Parathion	56‑38‑2	

	
Pentaerythritol	115‑77‑5	

	
Phenacetin	62‑44‑2	

	
Phenol	108‑95‑2	

	
Phenylacetic acid	103‑82‑2	

	
m‑Phenylene diamine	108‑45‑2	

	
o‑Phenylene diamine	95‑54‑5	

	
p‑Phenylene diamine	106‑50‑3	

	
Phenyl mercuric acetate	62‑38‑4	

	
Phorate	298‑02‑2	

	
Phthalic anhydride	85‑44‑9	

	
alpha‑Picoline (2‑methyl pyridine)	109‑06‑8	

	
1,3‑Propane sulfone	1120‑71‑4	

	
beta‑Propiolactone	57‑57‑8	

	
Proporur (Baygon).	

	
Propylene glycol	57‑55‑6	

	
Pyrene	129‑00‑0	

	
Compound name	CAS No.	

	
Pyridinium bromide	39416‑48‑3	

	
Quinoline	91‑22‑5	

	
Quinone (p‑benzoquinone)	106‑51‑4	

	
Resorcinol	108‑46‑3	

	
Simazine	122‑34‑9	

	
Sodium acetate	127‑09‑3	

	
Sodium formate	141‑53‑7	

	
Strychnine	57‑24‑9	

	
Succinic acid	110‑15‑6	

	
Succinimide	123‑56‑8	

	
Sulfanilic acid	121‑47‑1	

	
Terephthalic acid	100‑21‑0	

	
Tetraethyldithiopyrophosphate	3689‑24‑5	

	
Tetraethylenepentamine	112‑57‑2	

	
Thiofanox	39196‑18‑4	

	
Thiosemicarbazide	79‑19‑6	

	
2,4‑Toluenediamine	95‑80‑7	

	
2,6‑Toluenediamine	823‑40‑5	

	
3,4‑Toluenediamine	496‑72‑0	

	
2,4‑Toluene diisocyanate	584‑84‑9	

	
p‑Toluic acid	99‑94‑5	

	
m‑Toluidine	108‑44‑1	

	
1,1,2‑Trichloro‑1,2,2‑trifluoroethane	76‑13‑1	

	
Triethanolamine	102‑71‑6	

	
Triethylene glycol dimethyl ether.	

	
Tripropylene glycol	24800‑44‑0	

	
Warfarin	81‑81‑2	

	
3,4‑Xylenol (3,4‑dimethylphenol)	95‑65‑8	

	

	
PART 270 - EPA ADMINISTERED PERMIT PROGRAMS:  THE HAZARDOUS WASTE PERMIT PROGRAM	

SUBPART A - GENERAL INFORMATION	

EFFECT OF A PERMIT	

remove "or" at end of paragraph	
154	
270.4(a)(2)	

	

	
replace period at end of paragraph with "; or"	
154	
270.4(a)(3)	

	

	
add new paragraph: requirements promulgated under 265, Subparts AA, BB, or CC limiting air emissions	
154	
270.4(a)(4)	

	

	
SUBPART B - PERMIT APPLICATION	

CONTENTS OF PART B:  GENERAL REQUIREMENTS	

insert Aof this part following A264.15(b)@; remove "and" before "264.1058"; add ", 264.1084, 264.1085, 264.1086 and 264.1088 of this part" at end	
154,163	
270.14(b)(5)	

	

	
SPECIFIC PART B INFORMATION REQUIREMENTS FOR CONTAINERS	

add new paragraph: information requirements on air emission control equipment as in 270.27	
154	
270.15(e)	

	

	
SPECIFIC PART B INFORMATION REQUIREMENTS FOR TANK SYSTEMS	

add new paragraph: information requirements on air emission control equipment as in 270.27	
154	
270.16(k)	

	

	
SPECIFIC PART B INFORMATION REQUIREMENTS FOR SURFACE IMPOUNDMENTS	

add new paragraph: information requirements on air emission control equipment as in 270.27	
154	
270.17(j)	

	

	
SPECIFIC PART B INFORMATION REQUIREMENTS FOR AIR EMISSION CONTROLS FOR TANKS, SURFACE IMPOUNDMENTS, AND CONTAINERS	

except as in 264.1, owners/operators of tanks, surface impoundments, or containers that use air emission controls in accordance with requirements of 264, Subpart CC, shall provide additional information:	
154	
270.27(a)	

	

	
documentation for each floating roof cover installed on tank subject to 264.1084(d)(1) or (2) that includes information prepared by owner/operator or provided by cover manufacturer or vendor describing cover design, & certification that cover meets applicable design specifications of 264.1084(e)(1) or 264.1084(f)(1).	
154	
270.27(a)(1)	

	

	
ID of each container area subject to requirements of 264, Subpart CC & certification that requirements of 270, Subpart B are met	
154	
270.27(a)(2)	

	

	
documentation for each enclosure used to control air pollutant emissions from tanks or containers in accordance with 264.1084(d)(5) or 264.1086(e)(1)(ii) that includes records for most recent set of calculations & measurements performed by owner/operator to verify that enclosure meets specifications of Procedure T under 40 CFR 52.741, appendix B	
154	
270.27(a)(3)	

	

	
documentation for each floating membrane cover installed on surface impoundment in accordance with 264.1085(c) that includes information prepared by owner/operator or provided by cover manufacturer or vendor describing cover design, & certification that cover meets specifications of 264.1085(c)(1)	
154	
270.27(a)(4)	

	

	
documentation for each closed-vent system & control device installed in accordance with 40 CFR 264.1087 that includes design & performance information as in 270.24(c) & (d) of this part	
154	
270.27(a)(5)	

	

	
emissions monitoring plan for both Method 21 in 40 CFR part 60, appendix A & control device monitoring methods; information plan shall include	
154	
270.27(a)(6)	

	

	
when owner/operator of facility subject to 265, Subpart CC cannot comply with 264, Subpart CC by date of permit issuance, schedule of implementation required under 40 CFR 265.1082 of this chapter	
154	
270.27(a)(7)