[Federal Register Volume 61, Number 127 (Monday, July 1, 1996)]
[Rules and Regulations]
[Pages 34140-34200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16576]



[[Page 34139]]


_______________________________________________________________________

Part III





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants: Off-Site 
Waste and Recovery Operations; Final Rule

Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules 
and Regulations

[[Page 34140]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5516-7]
RIN 2060-AE05


National Emission Standards for Hazardous Air Pollutants: Off-
Site Waste and Recovery Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action promulgates National Emission Standards for 
Hazardous Air Pollutants (NESHAP) under the authority of Section 112 of 
the Clean Air Act for off-site waste and recovery operations that emit 
hazardous air pollutants (HAP). The NESHAP applies to specific types of 
facilities that are determined to be major sources of HAP emissions and 
receive certain wastes, used oil, and used solvents from off-site 
locations for storage, treatment, recovery, or disposal at the 
facility. The rule requires use of maximum achievable control 
technology (MACT) to reduce HAP emissions from tanks, surface 
impoundments, containers, oil-water separators, individual drain 
systems and other material conveyance systems, process vents, and 
equipment leaks.
    The final rule is estimated to reduce HAP emissions from the source 
category by approximately 82 percent or 43,000 megagrams per year 
(47,000 tons per year). In addition, application of MACT required by 
this rule will achieve similar levels of reduction in volatile organic 
compounds (VOC) emissions from the source category. The human health 
effects associated with exposure to the HAP emissions can range from 
mild to severe and may include reduction of lung function, respiratory 
irritation, and neurotoxic effects. Similarly, emissions of VOC are 
associated with a variety of adverse health and welfare impacts.
    The HAP and VOC emissions reductions achieved by implementing this 
rule in combination with similar rules will achieve the primary Clean 
Air Act goal to ``enhance the quality of the Nation's air resources so 
as to promote the public health and welfare and productive capacity of 
its population.'' The intent of this final rule is to protect public 
health by requiring the maximum degree of reduction of HAP emissions 
from new and existing sources, taking into consideration the cost of 
achieving such emission reduction; any non air quality, health, and 
environmental impacts; and energy requirements.

EFFECTIVE DATE: July 1, 1996. See the Supplementary Information section 
concerning judicial review.

ADDRESSES: Docket. The docket for this rulemaking containing the 
information considered by the EPA in development of the final rule is 
Docket No. A-92-16. This docket is available for public inspection 
between 8:00 a.m. and 4:00 p.m., Monday through Friday except for 
Federal holidays, at the following address: U.S. Environmental 
Protection Agency, Air and Radiation Docket and Information Center (MC-
6102), 401 M Street SW, Washington, D.C. 20460; telephone: (202) 260-
7548. The docket is located at the above address in Room M-1500, 
Waterside Mall (ground floor). A reasonable fee may be charged for 
copying.
    Basis and Support Document. A basis and support document, titled 
``National Emission Standards for Hazardous Air Pollutants, Off-Site 
Waste and Recovery Operations--Basis and Support for Final Standards,'' 
has been prepared summarizing the significant public comments made on 
the proposed rule and the Administrator's response to those comments. 
This document is available in the docket for this rulemaking, and also 
is available for downloading from the Technology Transfer Network (see 
below) under the Clean Air Act Amendments, Recently Signed Rules.
    Technology Transfer Network. The Technology Transfer Network is one 
of the EPA's electronic bulletin boards. The Technology Transfer 
Network provides information and technology exchange in various areas 
of air pollution control. The service is free except for the cost of a 
phone call. Dial (919) 541-5472 for up to a 14,400 bps modem. If more 
information on the Technology Transfer Network is needed call the HELP 
line at (919) 541-5384.

FOR FURTHER INFORMATION CONTACT: For information concerning 
applicability and rule determinations, contact the appropriate regional 
representative:

Region I: Greg Rosco, Air Programs Compliance Branch Chief, U.S. EPA, 
Region I, ASO, JFK Federal Building, Boston, MA 02203, (617) 565-3221
Region II: Kenneth Eng, Air Compliance Branch Chief, U.S. EPA, Region 
II, 290 Broadway, New York, NY 10007-1866, (212) 637-4000
Region III: Bernard Turlinski, Air Enforcement Branch Chief, U.S. EPA, 
Region III, 3AT10, 841 Chestnut Building, Philadelphia, PA 19107, (215) 
597-3989
Region IV: Jewell A. Harper, Air Enforcement Branch, U.S. EPA, Region 
IV, 345 Courtland Street, N.E., Atlanta, GA 30365, (404) 347-2904
Region V: George T. Czerniak, Jr., Air Enforcement Branch Chief, U.S. 
EPA, Region V, 5AE-26, 77 West Jackson Street, Chicago, IL 60604, (312) 
353-2088
Region VI: John R. Hepola, Air Enforcement Branch Chief, U.S. EPA, 
Region VI, 1445 Ross Avenue, Suite 1200, Dallas, TX 75202-2733, (214) 
655-7220
Region VII: Royan Teeter, Air Planning and Development Branch, U.S. 
EPA, Region VII, 726 Minnesota Avenue, Kansas City, KS 66101, (913) 
551-7609
Region VIII: Douglas M. Skie, Air and Technical Operations Branch 
Chief, U.S. EPA, Region VIII, 999 18th Street, Suite 500, Denver, CO 
80202-2466, (303) 312-6432
Region IX: Colleen W. McKaughan, Air Compliance Branch Chief, U.S. EPA, 
Region IX, 75 Hawthorne Street, San Francisco, CA, (415) 744-1198
Region X: Chris Hall, Air and Radiation Branch, U.S. EPA, Region X, 
OAQ-107, 1200 Sixth Avenue, Seattle, WA 98101, (206) 553-1949

    For information concerning the analyses performed in developing 
this rule, contact Ms. Michele Aston, Waste and Chemical Processes 
Group, Emission Standards Division (MD-13), U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina, 27711, 
telephone number (919) 541-2363.

SUPPLEMENTARY INFORMATION:

Regulated Entities

    Entities potentially regulated by this action include the following 
types of facilities if the facility receives off-site material, as 
defined in the rule, and the facility is determined to be a major 
source of HAP emissions as defined in 40 CFR 63.2.

[[Page 34141]]



----------------------------------------------------------------------------------------------------------------
                Category                                      Examples of regulated entities                    
----------------------------------------------------------------------------------------------------------------
Industry...............................  Businesses that operate any of the following: hazardous waste          
                                          treatment, storage, and disposal facilities (TSDF); RCRA exempt       
                                          hazardous wastewater treatment facilities; nonhazardous wastewater    
                                          treatment facilities other than publicly-owned treatment works; used  
                                          solvent recovery plants; RCRA exempt hazardous waste recycling        
                                          operations; used oil re-refineries.                                   
Federal Government.....................  Federal agency facilities that operate any of the waste management or  
                                          recovery operations that meet the description of the entities listed  
                                          under the ``Industry'' category in this table.                        
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that the EPA is now 
aware could potentially be regulated by this action. Other types of 
entities not listed in the table could also be regulated. To determine 
whether your facility is regulated by the action, you should carefully 
examine the applicability criteria in Sec. 63.680 of the rule. If you 
have questions regarding the applicability of this action to a 
particular entity, consult the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.

Judicial Review

    The NESHAP for off-site waste and recovery operations was proposed 
in the Federal Register on October 13, 1994 (59 FR 51913). This Federal 
Register action announces the EPA's final decisions on the rule. Under 
section 307(b)(1) of the Act, judicial review of the NESHAP is 
available only by the petition for review in the U.S. Court of Appeals 
for the District of Columbia Circuit within 60 days of today's 
publication of this final rule. Under section 307(b)(2) of the Act, the 
requirements that are the subject of today's notice may not be 
challenged later in civil or criminal proceedings brought by the EPA to 
enforce these requirements.
    The following outline is provided to aid in reading this preamble 
to the final rule.

I. Background
    A. Section 112  Statutory Requirements
    B. Listing of Source Category
    C. Public Participation in Rule Development
    D. Relationship of Rule to Other EPA Regulatory Actions
II. Basis and Purpose
    A. Purpose of Regulation
    B. Source Category Description
    C. Definition of Affected Sources
    D. MACT Floor Determination
    E. Format of Standards
    F. Unit-Specific Subparts
    G. Alternative Test Validation Method
III. Summary of Impacts
IV. Summary of Responses to Major Comments
V. Summary of Changes Since Proposal
VI. Administrative Requirements
    A. Docket
    B. Paperwork Reduction Act
    C. Executive Order 12866
    D. Regulatory Flexibility Act
    E. Unfunded Mandates
    F. Review
VII. Statutory Authority

I. Background

A. Section 112  Statutory Requirements

    Section 112 of the Clean Air Act (Act) regulates stationary sources 
of hazardous air pollutants (HAP). This section of the Act was 
comprehensively amended under Title III of the 1990 Amendments to the 
Clean Air Act (1990 Amendments). In the 1990 Amendments, Congress 
listed 189 chemicals, compounds, or groups of chemicals as HAP. The EPA 
is directed by the 1990 Amendments to regulate the emission of these 
HAP from stationary sources by establishing national emission standards 
(i.e., National Emission Standards for Hazardous Air Pollutants or 
NESHAP).
    Each NESHAP for a specific source category is technology-based and 
is developed based on application of Maximum Achievable Control 
Technology (MACT). Section 112(d)(2) of the 1990 Amendments defines 
MACT as ``* * * the maximum degree of reduction in emissions of the HAP 
* * * that the Administrator, taking into consideration the cost of 
achieving such emission reduction, and any nonair quality health and 
environmental impacts and energy requirements, determines is achievable 
for new or existing sources in the category or subcategory to which 
such emission standard applies * * *.''

B. Listing of Source Category

    Section 112(c) of the 1990 Amendments required the EPA to develop 
and publish a list of source categories that emit HAP for which NESHAP 
will be developed. This list is required under Section 112 to include 
all known categories and subcategories of ``major sources.'' The term 
``major source'' is defined by the Act to mean ``any stationary source 
or group of stationary sources located within a contiguous area and 
under common control that emits or has the potential to emit, 
considering controls, in the aggregate 10 tons per year (ton/yr) or 
more of any HAP or 25 ton/yr or more of any combination of HAP.''
    The EPA published its initial list of HAP emission source 
categories in the Federal Register on July 16, 1992 (57 FR 31576). On 
this list, the EPA included one source category which the Agency 
intended to represent those waste management and recovery operations 
that would not be subject to air standards under other listed NESHAP 
source categories. This source category was titled on the initial list 
as ``solid waste treatment, storage, and disposal facilities.'' After 
publication of the initial source category list, the EPA decided that 
it was appropriate to change the title of the NESHAP source category to 
better reflect the types of operations for which the EPA intended to 
establish air standards under a NESHAP for the source category. 
Therefore at proposal, the EPA changed the title of the source category 
subject to ``off-site waste and recovery operations'' (see 59 FR 51918, 
October 13, 1994).
    For the purpose of developing the rules for this source category, 
the term ``off-site'' is used in the context that the source category 
represents those waste management and recovery operations which receive 
material delivered, transferred, or otherwise moved to the plant or 
facility where the operation is located from a separate site. In other 
words, the material placed in the waste management or recovery 
operation is not produced or generated at the same site where the 
operation is located.

C. Summary of Public Participation in Rule Development

    The EPA published an advance notice of proposed rulemaking (ANPR) 
in the Federal Register on December 20, 1993 (58 FR 66336) to inform 
owners and operators of the potentially affected waste management and 
recovery operations and the general public of the planned scope of this 
NESHAP rulemaking. In the ANPR, the EPA requested information that 
would aid the Agency in the development of the rule. A 30-day comment 
period, from December 20, 1993 to January 19, 1994 was provided for 
interested parties to submit comments on the ANPR. The comments 
received by the EPA were

[[Page 34142]]

considered in developing the proposed rule.
    The EPA proposed the Off-Site Waste and Recovery Operations NESHAP 
on October 13, 1994 (refer to 59 FR 51913). A proposed regulatory text 
for the rule and the background information document (BID) (EPA-453/R-
94-070a) that presented information used in the development of the 
proposed rule was made available to the public for review and comment. 
A 90-day comment period from October 13, 1994 to January 11, 1995 (an 
initial 60 days plus a 30-day extension) was provided to accept written 
comments from the public on the proposed rule. The opportunity for a 
public hearing was provided to allow interested persons to present oral 
comments to the EPA on the rulemaking. However, the EPA did not receive 
a request for a public hearing, so a public hearing was not held.
    A total of 89 comment letters regarding the proposed Off-Site Waste 
and Recovery Operations NESHAP were received by the EPA. A copy of each 
comment letter is available for public inspection in the docket for the 
rulemaking (Docket No. A-92-16; see the ADDRESSES section of this 
notice for information on inspecting the docket). The EPA received 70 
letters containing specific comments on the proposed Off-Site Waste and 
Recovery Operations NESHAP. The other 19 letters were regarding 
extension of the public comment period and requests for copies of the 
regulatory text. The EPA has had extensive follow-up discussions with 
various commenters regarding specific issues initially raised in their 
written comments that were submitted to the Agency during the comment 
period. Copies of correspondence and other information exchanged 
between the EPA and the commenters during the post-comment period are 
available for public inspection in the docket for the rulemaking.
    All of the comments received by the EPA were reviewed and carefully 
considered by the Agency. Changes to the rule were made when the EPA 
determined it to be appropriate. A summary of the EPA's responses to 
selected major comments on the proposed rule is presented in Section IV 
of this notice. Additional responses to comments are presented in the 
basis and support document described in the ADDRESSES section of this 
notice.

D. Relationship of Rule to Other EPA Regulatory Actions

1. Clean Air Act
    Owners and operators of sites at which are located waste management 
and recovery operations that are subject to Off-Site Waste and Recovery 
Operations NESHAP may also be subject to another NESHAP because of 
other operations conducted at the site. For example, a waste management 
or recovery operation receiving materials from off-site may be located 
at a synthetic organic chemical manufacturing plant that is subject to 
40 CFR 63 subparts F, G, and H--National Emission Standards for Organic 
Hazardous Air Pollutants from the Synthetic Organic Chemical 
Manufacturing Industry (referred to hereafter in this notice as the 
``HON'') or at a petroleum refinery that is subject to 40 CFR 63 
subpart CC--National Emission Standards for Organic Hazardous Air 
Pollutants from Petroleum Refineries. At plants subject to both the 
Off-Site Waste and Recovery Operations NESHAP and another NESHAP, the 
Off-Site Waste and Recovery Operations NESHAP applies only to those 
specific waste management or recovery operations listed in the rule 
that receive off-site material. The Off-Site Waste and Recovery 
Operations NESHAP does not apply to other units or equipment components 
at the site that are not part of the waste management and recovery 
operations specified in the rule.
    Some NESHAP already regulate air emissions from the off-site 
management of certain wastes containing HAP. To avoid duplication of 
requirements in these cases, the Off-Site Waste and Recovery Operations 
NESHAP does not apply to waste management units that either receive 
waste from units complying with all applicable regulations under the 
HON, or receive waste from units complying with all applicable 
requirements specified by Sec. 61.342(b) under 40 CFR 61 subpart FF--
National Emission Standards for Benzene Waste Operations for a plant at 
which the total annual benzene quantity is greater than or equal to 10 
Mg/yr.
2. Resource Conservation and Recovery Act
    The EPA establishes rules for the management of solid wastes under 
authority of the Resource Conservation and Recovery Act (RCRA). Under 
authority of subtitle C of RCRA, the EPA has established rules in 40 
CFR parts 260 through 271 regulating the management of solid wastes 
determined to be hazardous waste. Municipal solid wastes and other 
types of nonhazardous solid wastes are regulated by rules established 
under authority of subtitle D of RCRA in 40 CFR Parts 257 and 258.
    The Clean Air Act requires that the requirements of rules developed 
under the Act be consistent, but avoid duplication, with requirements 
of rules developed under RCRA. The final Off-Site Waste and Recovery 
Operations NESHAP includes several provisions to ensure that this 
directive of the Act is met. First, certain types of wastes regulated 
under RCRA are excluded outright from the definition of ``off-site 
material'' used to determine the applicability of the Off-Site Waste 
and Recovery Operation NESHAP. These wastes include household waste as 
defined in 40 CFR 258.2; waste that is generated by remedial activities 
required under the RCRA corrective action authorities (RCRA section 
3004(u), 3004(v), or 3008(h)), CERCLA authorities, or similar Federal 
or State authorities; and radioactive mixed waste.
    The EPA also is fully aware that at some sites managing hazardous 
wastes not generated onsite, the owner and operator of a hazardous 
waste treatment, storage, and disposal facility (TSDF) could be subject 
to both the Off-Site Waste and Recovery Operations NESHAP and RCRA air 
rules under subparts AA, BB, and CC of 40 CFR parts 264 and 265. At a 
particular TSDF, some waste management units may be required to use air 
emission controls under one or the other, but not both, the Off-Site 
Waste and Recovery Operations NESHAP and the RCRA rules. However, some 
other waste management units could be subject to using air emission 
controls to comply with both sets of rules. It is unnecessary for 
owners and operators of those waste management units subject to air 
standards under both sets of rules to perform duplicative testing and 
monitoring, keep duplicate sets of records, or perform other 
duplicative actions. The EPA has decided that the best way to eliminate 
any regulatory overlap is to amend the RCRA rules to exempt units that 
are using air emission controls in accordance with the requirements of 
Off-Site Waste and Recovery Operations NESHAP or any other applicable 
NESHAP. The EPA therefore plans to amend the RCRA rules this summer and 
expects that these revisions will be finalized prior to the effective 
dates of both rules.
3. Pollution Prevention Act
    The Pollution Prevention Act of 1990 (42 U.S.C. 13101 et seq., Pub. 
L. 101-508, November 5, 1990) establishes the national policy of the 
United States for pollution prevention. This act declares that: (1) 
Pollution should be prevented or reduced whenever feasible; (2) 
pollution that cannot be prevented or reduced should be recycled or 
reused in

[[Page 34143]]

an environmentally-safe manner wherever feasible; (3) pollution that 
cannot be recycled or reused should be treated; and (4) disposal or 
release into the atmosphere should be chosen only as a last resort.
    Opportunities for applying pollution prevention to the Off-Site 
Waste and Recovery Operations NESHAP are basically limited to treatment 
to remove HAP (e.g., treatment of waste prior to its disposal). The 
off-site waste and recovery operations source category consists only of 
operations used to manage certain materials that have already been 
generated at other locations such as a manufacturing plant. Thus, there 
are no pollution prevention practices such as modifying the 
manufacturing process to reduce the quantity of HAP contained in 
materials or to recycle the materials back to the process which can be 
implemented once the material arrives at a site at which waste 
management and recovery operations subject to the NESHAP are located. 
The EPA has incorporated the pollution prevention policy into the 
NESHAP by requiring off-site materials be treated to remove or destroy 
HAP prior to management in units open directly to the environment. 
Thus, to the extent possible, pollution prevention has been considered 
in the development of this rulemaking. The Off-Site Waste and Recovery 
Operations NESHAP is consistent with the pollution prevention policy.

II. Basis and Purpose

A. Purpose of Regulation

    The Clean Air Act was created in part ``to protect and enhance the 
quality of the Nation's air resources so as to promote the public 
health and welfare and the productive capacity of its population'' [Act 
section 101(b)(1)]. Title III of the 1990 Amendments establishes a 
control technology-based program to reduce stationary source emissions 
of HAP. The goal of section 112(d) of the 1990 Amendments is to apply 
such control technology to reduce emissions and thereby reduce the 
hazard of the HAP emitted from stationary sources.
    This final rule is technology-based (i.e., based on application of 
MACT to off-site waste and recovery operations). The Clean Air Act 
strategy avoids the dependence on a risk-based approach which would be 
limited by incomplete information on what HAP are emitted, what level 
of emissions is occurring, what health and safety benchmarks are 
available to assess risk, what health effects may be caused by certain 
pollutants and how best to model these effects, among other things. 
Because of these issues a quantitative risk assessment of the potential 
effects from the HAP emitted from off-site waste and recovery 
operations is not included in this rulemaking.
    The EPA does recognize that the degree of adverse effects to health 
can range from mild to severe. The extent and degree to which the 
health effects may be experienced is dependent upon: (1) The ambient 
concentrations observed in the area; (2) duration of exposures; and (3) 
characteristics of exposed individuals (e.g., genetics, age, 
preexisting health conditions, and lifestyle) which vary significantly 
with the population. Some of these factors are also influenced by 
source-specific characteristics (e.g., emission rates and local 
meteorological conditions) as well as pollutant specific 
characteristics such as toxicity.
    On a nationwide basis, the off-site waste and recovery operations 
at the facilities regulated by this rule emit significant quantities of 
organic HAP. Implementation of Off-Site Waste and Recovery Operations 
NESHAP will result in substantial reductions of these organic HAP 
emissions to the atmosphere. The final Off-Site Waste and Recovery 
Operations NESHAP will require control of material streams containing 1 
or more of 98 specified compounds listed in Table 1 of the rule. This 
table is subset of the 189 HAP compounds listed in the Clean Air Act. 
Following is a summary of the potential health and environmental 
effects associated with exposures, at some level, to the emitted 
pollutants that would be reduced by this NESHAP.
    The range of potential human health effects associated with 
exposure to organic HAP include cancer, aplastic anemia, pulmonary 
(lung) structural changes, dyspnea (difficulty in breathing), upper 
respiratory tract irritation with cough, conjunctivitis, and neurotoxic 
effects (e.g., visual blurring, tremors, delirium, unconsciousness, 
coma, convulsions). The EPA estimates that implementation of the Off-
Site Waste and Recovery Operations NESHAP will reduce nationwide 
organic HAP emissions by approximately 43,000 megagrams per year (Mg/
yr). Thus, this rule has the potential for providing both cancer and 
noncancer related health benefits.
    By requiring facilities to reduce organic HAP emitted from off-site 
waste and recovery operations, today's rule will also reduce emissions 
of volatile organic compounds (VOC). Many VOC react photochemically 
with nitrogen oxides in the atmosphere to form tropospheric ozone. A 
number of factors affect the degree to which VOC emission reductions 
will reduce ambient ozone concentrations.
    Human laboratory and community studies have shown that exposure to 
tropospheric ozone levels that exceed the National Ambient Air Quality 
Standards (NAAQS) can result in various adverse health impacts such as 
alterations in lung capacity; eye, nose, and throat irritation; and 
aggravation of existing respiratory disease. Animal studies have shown 
increased susceptibility to respiratory infection and lung structure 
changes.
    Among the welfare impacts from exposure to tropospheric ozone 
levels that exceed the ozone NAAQS are damage to selected commercial 
timber species and economic losses for commercially valuable crops such 
as soybeans and cotton. Studies have shown that exposure to ozone can 
disrupt carbohydrate production and distribution in plants. The 
reduction in carbohydrate production and allocation can lead to reduced 
root growth, reduced biomass or yield, reduced plant vigor (which can 
cause increased susceptibility to attack from insects and disease and 
damage from cold) and diminished ability to successfully compete with 
more tolerant species. These effects have been observed in native 
vegetation in natural ecosystems as well as for selected number of 
commercial trees and agricultural crops that have been studied.
    Although the final Off-Site Waste and Recovery Operations NESHAP 
does not specifically require control of VOC emissions, the organic 
emission control technologies upon which the final rule is based also 
significantly reduce VOC emissions from the source category. The EPA 
conservatively estimates that implementation of the Off-Site Waste and 
Recovery Operations NESHAP will reduce nationwide VOC emissions from 
the source category by 52,000 Mg/yr. Therefore, it is anticipated that 
additional health and welfare benefits will be associated with this 
reduction in VOC emissions.

B. Source Category Description

    The final Off-Site Waste and Recovery Operations NESHAP only 
applies to certain waste management and recovery operations at those 
sites determined to ``major sources'' as defined in section 112(a)(1) 
of the 1990 Amendments. This means those plants or facilities where the 
stationary sources located within a contiguous area and under common 
control emit or have the potential to emit, considering controls, in 
total 10 ton/yr or more of any single HAP or 25 ton/yr or more of any 
combination of

[[Page 34144]]

HAP. Waste management and recovery operations receiving materials from 
off-site that are located at plants or facilities which are area 
sources are not being regulated at this time. These area sources could 
be considered at a future date by the EPA for regulation as part of the 
area source strategy authorized under section 112(k) of the Act.
    At proposal, the EPA identified the types of waste management and 
recovery operations the Agency was considering for inclusion in the 
off-site waste and recovery operations source category. In response to 
public comments on the proposed rule and considering decisions made by 
the Agency since proposal regarding other related rulemakings, the EPA 
has reconsidered the types of waste management and recovery operations 
to be regulated under the Off-Site Waste and Recovery Operations 
NESHAP. The EPA reviewed information used for the source category 
impact analysis at proposal and evaluated new information provided to 
the Agency since proposal by commenters. As a result of this review, 
the EPA decided that the final Off-Site Waste and Recovery Operations 
NESHAP should not apply to owners and operators of certain operations 
originally considered to be in the scope of the rulemaking. The 
rationale for including or excluding specific waste management or 
recovery operations in the final rule applicability is presented below.
    Facilities where operations are conducted to treat, store, and 
dispose of wastes determined to be hazardous wastes under RCRA may be 
subject to organic air emission standards under 40 CFR parts 264 and 
265. At these facilities, referred to under the RCRA rules as a 
hazardous waste treatment, storage, and disposal facility (TSDF), a 
RCRA hazardous waste may be generated at the same site where a TSDF is 
located, or may be generated at one site and then transported to a TSDF 
at a separate location. At TSDF where RCRA hazardous waste is received 
from off-site, certain types of waste management units such as 
wastewater treatment tanks and hazardous waste recycling units can be 
exempted from the air standards specified in 40 CFR parts 264 and 265. 
Many (but not all) TSDF are expected by the EPA to be located at sites 
that are major sources of HAP emissions. Therefore, the EPA decided 
that the final Off-Site Waste and Recovery Operations NESHAP be 
applicable to hazardous waste TSDF as well as to sites where waste or 
recovery operations managing hazardous waste are performed and the 
entire operation is exempted under RCRA from the air standards in 
subparts AA, BB, and CC under 40 CFR parts 264 and 265.
    Wastewater treatment facilities are operated by public entities and 
private companies throughout the United States for the treatment of 
wastewaters other than those that are RCRA hazardous wastewaters. 
Publicly owned treatment works (POTW) are not included in the off-site 
waste operations source category because POTW are listed as a separate 
NESHAP source category. A review of nationwide survey data by the EPA 
indicates that privately-owned wastewater treatment plants are operated 
at some locations in the United States for which the predominate 
function performed at the site is to treat wastewaters received from 
off-site. Although a wastewater may not be a RCRA hazardous waste, this 
wastewater can still contain significant quantities of HAP. The EPA 
concluded this group of wastewater treatment plants would not be 
subject to other NESHAP and would likely include some individual 
facilities that are major sources of HAP emissions.
    Used oils from motor vehicles and other sources can contain HAP. 
While the management of used oils which are recycled is regulated by 
separate rules promulgated by the EPA under section 3014 of RCRA, these 
RCRA rules do not specifically establish air standards for used oil 
management operations. A major portion of the used oil is processed for 
sale as fuel for burning in boilers, furnaces, and space heaters. The 
remainder of the recycled used oil is sent to facilities categorized as 
``used oil re-refiners.'' At these facilities the used oil is processed 
into base lube oil stocks and other products. The EPA determined that 
some used oil re-refining facilities are likely to be major sources of 
HAP emissions. Consequently, the EPA decided that the final Off-Site 
Waste and Recovery Operations NESHAP apply to operations that reprocess 
or re-refine used oil and are subject to regulation under 40 CFR 279 
subpart F-Standards for Used Oil Processors and Refiners.
    Another recovery operation analogous to used oil re-refining 
operations is solvent recovery operations. Organic solvents are used in 
many types of businesses to clean oils, grease, dirt, or other foreign 
matter from mechanical parts and like items. These used organic 
solvents are often collected and reprocessed by a company for re-sale 
as a product or for use by another company as a process feedstock. The 
EPA expects that some solvent recovery operations could be major 
sources of HAP emissions. Therefore, the EPA decided that the final 
Off-Site Waste and Recovery Operations NESHAP be applicable to 
operations that reprocess or re-refine used solvents except in 
situations where the operation is not part of a chemical, petroleum, or 
other manufacturing process that is required to use air emission 
controls by another subpart of 40 CFR part 63.
    Many landfill facilities operated in the United States are used for 
disposal of waste received from off-site. Municipal solid waste (MSW) 
landfills are not included in the off-site waste and recovery 
operations source category because these facilities are listed as a 
separate NESHAP source category. However, other landfill facilities 
operate in the United States which are not MSW landfills and accept 
only nonhazardous wastes. It is the EPA's understanding that landfills 
used for disposal of construction/demolition debris do not accept 
wastes containing significant amounts of organic HAP. One commeter 
submitted to the EPA additional information regarding operations, waste 
characterizations, and HAP emission estimates from industrial waste 
landfills. The potential for some industrial waste landfills to be a 
major source is possible due to special circumstances (e.g., accepting 
predominately soils contaminated with organics). However, under current 
operating practices, the EPA concluded that it is unlikely that any of 
the existing industrial waste landfills nationwide is a major source of 
HAP emissions. Therefore, the EPA decided that the final Off-Site Waste 
and Recovery Operations NESHAP not be applicable to any landfill 
facilities.
    Some wastes generated during oil and gas exploration and production 
(E&P) are subsequently transferred to operations at other locations for 
centralized treatment or disposal. At proposal, the EPA identified 
these centralized treatment and disposal operations as waste management 
operations that would be subject to the Off-Site Waste and Recovery 
Operations NESHAP. Additional information was received by the EPA from 
commenters on the proposed rule regarding the nature of E&P operations 
as presently practiced in oil and gas production fields. Upon further 
consideration, the EPA decided it is not necessary to include E&P waste 
operations under the final Off-Site Waste and Recovery Operations 
NESHAP. Instead, the EPA is planning to address these sources under the 
Oil and Gas Production NESHAP currently being developed by the Agency.

[[Page 34145]]

C. Definition of Affected Source

    For the purpose of implementing NESHAP under 40 CFR Part 63, 
``affected source'' is defined to mean the stationary source, or 
portion of a stationary source that is regulated by a relevant standard 
or other requirement established pursuant to section 112 of the Act. 
Each relevant standard is to designate the ``affected source'' for the 
purposes of that standard. Within a source category, the EPA decides 
which HAP emission sources (i.e., emission points or groupings of 
emission points) are most appropriate for establishing separate 
emission standards in the context of the Clean Air Act statutory 
requirements and the industry operating practices for the particular 
source category.
    At proposal, the EPA considered different options for defining 
``affected source'' for the Off-Site Waste and Recovery Operations 
NESHAP ranging from using a broad definition (e.g., the entire plant or 
facility site) to narrow definitions (e.g., individual emission points) 
(59 FR 51923). The EPA proposed using the narrowest definition of 
affected source for the Off-Site Waste and Recovery Operations NESHAP 
by defining the affected sources to be each of the individual emission 
point types identified for the rule (e.g., each individual tank). The 
EPA received comments that its proposed designation of affected source 
for the Off-Site Waste and Recovery Operations NESHAP was too 
restrictive and would complicate an owner's or operator's determination 
of when reconstruction of a source has occurred triggering the 
requirement to comply with the standards for new sources. Upon 
consideration of these comments, the EPA decided that using a broader 
definition is a more appropriate approach for defining the affected 
sources for the Off-Site Waste and Recovery Operations NESHAP.
    Designating the affected source for the Off-Site Waste and Recovery 
Operations NESHAP as the entire plant site was rejected by the EPA. 
This approach would allow the MACT floor to be established by the 
plant-wide emission reduction indicative of the level that is achieved 
by the best performing 12 percent of the existing sources. Application 
of a single MACT floor to all of the emission points located at the 
plant site and selected for control under the Off-Site Waste and 
Recovery Operations NESHAP would be difficult, if not technically 
infeasible, for several reasons. First, the EPA's data base for the 
off-site waste and recovery operations NESHAP lacks sufficient data 
regarding the type of information required to implement this approach 
for the source category. Also, the mechanism by which organic HAP are 
emitted to the atmosphere and the types of controls relevant for 
reducing these air emissions is not the same for all of the emission 
point types identified for off-site waste and recovery operation source 
category. For example, covers frequently are installed on tanks to 
control air emissions while work practice programs are used to control 
air emissions from equipment leaks. Furthermore, not all waste 
management and recovery operations at a particular plant site may be 
subject to this rulemaking because they are not used to manage off-site 
material, as defined in the rule.
    A second approach is to designate several different affected 
sources by grouping the similar emission points for each waste 
management and recovery operation used at the plant site to manage off-
site materials. Under this approach, each affected source consists of 
the group of similar emission point types for the entire sequence of 
units or equipment components in which a particular off-site material 
is managed at the site. An example of such a group of emission points 
is the collection of tanks, containers, surface impoundments, and 
similar units that are used at a site to manage a waste from the point 
where the waste is received at the site to the point where the material 
enters an on-site disposal unit not regulated under this rule (e.g., 
waste incinerator, landfill unit). An individual MACT floor is 
established for the entire group of emission points comprising each 
designated affected source.
    This second approach offers several advantages for implementing the 
Off-Site Waste and Recovery Operations NESHAP. Designating the affected 
source to be a group of similar emission point types ensures that air 
emission controls of equivalent performance are applied at the same 
time to all of the units used to manage a particular off-site material 
stream. In contrast, had the EPA maintained the proposed designation 
for the affected sources (i.e., each individual emission point), 
situations could have occurred where an owner or operator was required 
to use controls on a new tank (or other newly installed unit) 
downstream of existing tanks managing the same off-site material but 
not required to use air emission controls under the rule. This would be 
an inefficient application of air emission controls since a significant 
portion of the HAP contained in the off-site material likely would have 
escaped to the atmosphere before the material entered the controlled 
unit. The approach also provides a logical grouping of equipment by 
which an owner or operator readily can determine when reconstruction of 
the affected source triggers the air emission control requirements 
under the rule for new sources. Therefore, for the final off-site waste 
and recovery operations NESHAP, the EPA decided to designate the 
affected sources by three distinct groups of the emission point types 
for the waste management and recovery operation subject to using air 
emission controls under the rule.
    The first group of similar emission points designated to be an 
affected source for the Off-Site Waste and Recovery Operations NESHAP 
is the group of tanks, containers, surface impoundments, oil-water and 
organic-water separators, individual drain systems and other stationary 
material conveyance systems used to manage off-site material in each of 
the waste management and recovery operations specified in the rule that 
are located at the plant site. The units regulated under this affected 
source designation are collectively referred to hereafter in this 
notice as ``off-site material management units.''
    The second the group of similar emission points designated to be an 
affected source for the Off-Site Waste and Recovery Operations NESHAP 
is process vents on units used to manage off-site material in each of 
the waste management and recovery operations specified in the rule that 
are located at the plant site. As defined for the rule, a process vent 
is an open-ended pipe, stack, or duct used for passage of gases, 
vapors, or fumes to the atmosphere and this passage is caused by 
mechanical means (such as compressors or vacuum-producing systems) or 
by process-related means (such as volatilization produced by heating). 
A stack or duct used to exhaust combustion products from an enclosed 
combustion unit (e.g., boiler, furnace, heater, incinerator) is not a 
process vent for this rulemaking.
    The third group of similar emission points designated to be an 
affected source for the Off-Site Waste and Recovery Operations NESHAP 
is the group of equipment components prone to emitting HAP as a result 
of equipment leaks. This group of equipment consists of pumps, 
compressors, agitators, pressure relief devices, sampling connection 
systems, open-ended valves and lines, valves, connectors, and 
instrumentation systems that contain or contact off-site material in 
each of the waste management and recovery operations specified in the 
rule that are located at the plant site.

[[Page 34146]]

D. MACT Floor Determination

    Specific statutory directives set out in section 112 of the 1990 
Amendments require the EPA to establish standards under a NESHAP to 
reflect application of maximum achievable control technology (MACT). A 
statutory minimum or baseline level of HAP emission control that the 
EPA can select to be MACT for a particular source category is defined 
under section 112(d)(3) of the 1990 Amendments, and is referred to as 
the ``MACT floor.'' For new sources, the MACT floor is the level of HAP 
emission control that is achieved in practice by the best controlled 
similar source. The statute allows standards under a NESHAP for 
existing sources to be less stringent than standards for new sources. 
The determination of MACT floor for existing sources is dependent on 
the nationwide number of existing sources within the source category. 
The off-site waste and recovery operations source category contains 
more than 30 existing sources nationwide. For a source category with 30 
or more existing sources, the MACT floor is the average emission 
limitation achieved by the best performing 12 percent of the existing 
sources.
    Once the MACT floors are determined for new and existing sources in 
a source category, the EPA must establish standards under a NESHAP that 
are no less stringent than the applicable MACT floors. The 
Administrator may promulgate standards that are more stringent than the 
MACT floor when such standards are determined by the EPA to be 
achievable taking into consideration the cost of implementing the 
standards as well as any non-air quality health and environmental 
impacts and energy requirements.
1. MACT Floor for Existing Sources
    a. Off-site Material Management Units. As discussed in Section II.C 
of this notice, the EPA has revised the affected source designation for 
the off-site material management units at a plant site subject to the 
Off-Site Waste and Recovery Operations NESHAP. For the final rule, the 
designated affected source is the group of off-site material management 
units (e.g., tanks, surface impoundments, containers, oil-water and 
organic-water separators, individual drain systems and other stationary 
transfer systems) in each of the waste management and recovery 
operations specified in the rule that are located at the plant site. 
Because the MACT floor determination for these off-site material 
management units used at proposal was based on the application of the 
floor to individual units rather than the group of units, the EPA 
reconsidered the MACT floor determination following revision of the 
affected source designation for the rule.
    The EPA reviewed site-specific information in the source category 
data base regarding existing air emission control practices for off-
site material management units. In addition, the EPA considered the air 
emission controls that off-site material management units could be 
required to use by new air rules promulgated since the Off-Site Waste 
and Recovery Operations NESHAP was proposed (e.g., air rules for 
hazardous waste tanks, surface impoundments, and containers in subpart 
CC under 40 CFR parts 264 and 265).
    Based on the EPA's review of the air emission control information 
in the data base for the off-site waste and recovery operations source 
category, the Agency concluded that most groups of off-site material 
management units (significantly more than 12 percent) manage off-site 
material, at a minimum, in covered units. A portion of these off-site 
material management units use more effective air emission controls such 
as venting the covered unit to a control device. However, based on the 
information available to Agency, the EPA cannot definitively determine 
whether the higher level of air emission control achieved by that 
portion of units using controls in addition to covers is representative 
of the average of the top 12 percent of all existing off-site material 
management units. Thus, the EPA decided to establish the MACT floor 
control technology for the existing off-site material managements as 
use of a cover.
    For other source categories, the EPA has established whether a 
particular unit warrants the use of air emission controls under rules 
for the source category on the basis of a characteristic parameter for 
the materials placed in the unit (e.g., vapor pressure or organic 
concentration). The EPA believes that using this approach provides an 
effective and enforceable means for identifying the units that warrant 
air emission controls while excluding those units for which 
installation of controls is unnecessary because the units have no or 
little potential for HAP emissions. Consequently, to complete the 
definition of the MACT floor for this affected source, an applicability 
cutoff provision (referred to hereafter in this notice as an ``action 
level'') is needed to identify which off-site material management units 
use the selected air emission controls.
    Establishing an action level required first selecting an 
appropriate format for the action level that allows the value to be 
relatively simple to be determined by an owner or operator and 
expeditiously checked by EPA or State enforcement personnel. For the 
proposed rule, the EPA evaluated several possible action level formats 
and decided that an action level based on the volatile organic HAP 
concentration (VOHAP) of the off-site materials is appropriate for 
identifying those units which emit HAP and warrant the application of 
air emission controls.
    The data available to the EPA at this time for the off-site waste 
and recovery operations source category are insufficient to perform a 
rigorous statistical analysis for the purpose of establishing the 
minimum VOHAP concentration value for off-site material management 
units currently using air emission controls. From a qualitative 
perspective, application of air emission controls under the Off-Site 
Waste and Recovery Operations NESHAP is not needed when a material 
managed in an uncontrolled unit has little or no potential for HAP 
emissions. In general, these off-site materials can be characterized as 
materials having low VOHAP concentrations.
    The EPA considered a range of possible values to establish the 
VOHAP concentration limit for the Off-Site Waste and Recovery 
Operations NESHAP. The EPA proposed a VOHAP concentration value of 100 
ppmw to be used as the action level for the rule. However, in proposing 
this value, the EPA acknowledged that some off-site material management 
units subject to the Off-Site Waste and Recovery Operations NESHAP 
could be subject to other NESHAP and NSPS with differing action levels. 
The EPA therefore requested comment on establishing the VOHAP 
concentration action level for the rule at 100 ppmw, as well as 
information that could be used to support alternative action levels 
such as 500 ppmw (59 FR 51924). The EPA received comments stating that 
the 100 ppmw VOHAP concentration action level proposed by the EPA for 
the Off-site Waste and Recovery Operations NESHAP is inappropriate and 
inconsistent with other applicable NSPS and NESHAP and recommending 
that the EPA select a higher action level for the rule.
    The EPA considered the comments received regarding the proposed 
action level, other revisions to the final Off-Site Waste and Recovery 
Operations NESHAP, and changes that the EPA anticipates making for 
other waste and wastewater related rules. The EPA

[[Page 34147]]

concluded that a reexamination of the MACT floor action level 
determination was appropriate. Based on consideration of the 
information available to the Agency regarding HAP emissions from waste 
management and recovery operations receiving off-site material, the EPA 
has concluded that a VOHAP concentration value of 500 ppmw best 
represents the MACT floor for existing off-site material management 
units using covers.
    Having established the MACT floor for existing off-site material 
management units, the EPA consider control options that are more 
stringent than the MACT floor based on the air emission control 
requirements under existing EPA rules for HAP emission sources similar 
to off-site material management units (e.g., air standards for tanks 
under the HON, air standards for tanks, surface impoundments, and 
containers at hazardous waste TSDF under 40 CFR parts 264 and 265). 
These existing rules establish requirements for application of controls 
more effective than covers on certain categories of tanks, containers, 
and other units based on air emission potential related characteristics 
such as the capacity of the unit and the vapor pressure of the material 
managed in the unit. In the development of these other rules, the EPA 
determined for these particular units that the more effective controls 
are appropriate for control of the pollutants emitted from the units 
and that implementing these controls is cost-effective. Therefore, for 
the Off-Site Waste and Recovery Operations NESHAP the EPA concluded 
that it is reasonable to establish standards for certain off-site waste 
management units that are more stringent than the MACT floor when such 
standards are determined by the EPA to be appropriate and consistent 
with the control requirements for similar HAP emission sources under 
other existing EPA rules.
    b. Process Vents. The MACT floor for affected sources consisting of 
process vents is the same MACT floor used at proposal with one revision 
to the action level. As discussed in the proposal notice (59 FR 51925), 
this MACT floor is based on adapting, to the extent applicable and 
relevant to the Off-Site Waste and Recovery Operations NESHAP, the air 
emission standards for process vents on hazardous waste management 
units and recycling units under 40 CFR 264 subpart AA and 40 CFR 265 
subpart AA. The action level identifying application of air emission 
controls on process vents has been revised to be consistent with the 
500 ppmw action level selected for MACT floor for off-site material 
management units. The control technology selected for the floor is 
connecting the process vents to appropriate control devices such that 
an organic HAP emission control efficiency of 95 percent or more is 
achieved.
    c. Equipment Leaks. The same MACT floor selected at proposal is 
used for affected sources consisting of the group of equipment 
components consisting of pumps, compressors, agitators, pressure relief 
devices, sampling connection systems, open-ended valves and lines, 
valves, connectors, and instrumentation systems that contain or contact 
off-site material in each of the waste management and recovery 
operations specified in the rule that are located at the plant site. 
The MACT floor requires control of HAP emissions from equipment leaks 
by implementing leak detection and repair (LDAR) work practices and 
equipment modifications for those equipment components containing or 
contacting off-site material having a total organic HAP concentrations 
equal to or greater than 10 percent. As discussed in the proposal 
notice (59 FR 51925), the EPA selected this MACT floor based on the 
existing equipment leak air standards applicable to waste management 
operations to treat hazardous waste under 40 CFR 264 subpart BB and 40 
CFR 265 subpart BB. The requirements of the MACT floor selected for the 
Off-Site Waste and Recovery Operations NESHAP are also consistent with 
existing NSPS equipment leak standards (e.g., 40 CFR 60 subparts VV, 
GG, and KK) and for certain NESHAP equipment leak standards (e.g., 40 
CFR 61 subpart V).
2. MACT Floor for New Sources
    At proposal, the EPA concluded that the MACT floor determined for 
existing sources also represents the HAP emission control that is 
achieved in practice by the best controlled similar sources in the off-
site waste and recovery operation source category with the exception of 
new tanks. The MACT floor for new tanks was established based on the 
level of emission control that is required for new tanks under the HON 
(i.e., 40 CFR 63 subpart G). The EPA still believes these are 
appropriate decisions for establishing the MACT floor for new sources 
under the revised affected source designations selected for the final 
Off-Site Waste and Recovery Operations NESHAP.

E. Format of Standards

    Section 112 of the Act requires promulgation of an emission 
standard whenever it is feasible; section 112(h) states that ``if it is 
not feasible in the judgment of the Administrator to prescribe or 
enforce an emission standard for control of a hazardous air pollutant 
or pollutants, the Administrator may, in lieu thereof, promulgate a 
design, equipment, work practice, or operational standard, or 
combination thereof * * *'' The term ``not feasible'' is applicable if 
the emission cannot be captured and vented through a vent or stack 
designed for that purpose, or if the application of a measurement 
methodology is not practicable because of technical or economic 
limitations. Alternative formats were considered for the three types of 
affected sources defined for the Off-Site Waste and Recovery Operations 
NESHAP.
    For off-site material management units, the EPA concluded that a 
numerical emission standard would not be feasible because it would be 
difficult to capture and measure emissions from these units for the 
purpose of evaluating compliance. Therefore, the format of the rule for 
these affected sources includes a combination of design, equipment, 
work practice, and operational standards. For process vents, the EPA 
considered two alternative numerical emission limitation formats. These 
emission limitation formats are a mass percent reduction of HAP from 
process vents and a mass limitation of HAP emission from process vents. 
The percent reduction format was chosen for the Off-Site Waste and 
Recovery Operations NESHAP because it is the best representation of 
control technology performance, and provides flexibility to owners and 
operators. This format is based on the HAP removal efficiency of 
conventional air pollution control devices and any control technology 
that can achieve the reduction efficiency can be applied to any 
configuration of process vents to comply with the standards. For 
equipment leak sources (i.e., pumps, valves, etc.), numerical emission 
standards are not feasible and the final standards for equipment leaks 
are in the format of work practice and equipment specifications.

F. Unit-Specific Subparts

    The regulatory text that EPA proposed for the Off-Site Waste and 
Recovery Operations NESHAP included all of the requirements for the 
rule in a single subpart to be added to 40 CFR part 63. The EPA decided 
to promulgate the final requirements for the Off-Site Waste and 
Recovery Operations NESHAP as a series of six new subparts added to 40 
CFR part 63. These subparts are Subpart DD--National Emission Standards 
for Off-Site Waste and Recovery

[[Page 34148]]

Operations, Subpart OO--National Emission Standards for Tanks--Level 1, 
Subpart PP--National Emission Standards for Containers, Subpart QQ--
National Emission Standards for Surface Impoundments, Subpart RR--
National Emission Standards for Individual Drain Systems, and Subpart 
VV--National Emission Standards for Oil-Water Separators and Organic-
Water Separators.
    The air emission control requirements promulgated in Subparts OO, 
PP, QQ, and RR are derived from and incorporate public comments on the 
air emission control requirements originally proposed in Subpart DD for 
tanks, surface impoundments, containers, and individual drain systems. 
In addition, an individual subpart (Subpart VV) has been added to the 
final rule specifying air emission control requirements for oil-water 
separators and organic-water separators (referred to collectively 
hereafter as ``separators''). At proposal, the EPA assumed that if a 
separator was subject to using air emission controls under the Off-Site 
Waste and Recovery Operations NESHAP it would be considered a type of 
tank. As such, this separator would have been required to meet the air 
emission control requirements specific in the rule for tanks. In actual 
practice, application of these controls to a separator in strict 
accordance with the requirements specified in the proposed rule may not 
be practical given special design and operating characteristics for 
separators. Therefore, the EPA concluded that it is appropriate to add 
an individual subpart specifically for separators that will provide a 
level of air emission control comparable to the control level 
established for tanks yet address the special design and operating 
features of separators.
    The EPA decided to promulgate the air emission control requirements 
for selected types of units in individual subparts for ease of 
reference, administrative convenience, and as a step towards assuring 
consistency of the air emission control requirements applied to similar 
types of units under different rules. The EPA believes adopting the 
format of codifying the air emission control requirements for specific 
unit types in individual subparts will provide significant advantages 
to both regulated industries and to the Agency.
    By today's notice, the air emission control requirements 
promulgated in Subparts OO, PP, QQ, RR, and VV presently are applicable 
only to units in waste management and recovery operations regulated 
under Subpart DD. For application of the unit-specific subparts to new 
rules for other source categories, the EPA is planning to reference 
these unit-specific subparts to specify the air emission control 
requirements for the units subject to using controls under the rule. 
The applicability, action level, designation of which units are 
required to use controls, treatment requirements, and any other 
requirements specific to the source category will be in the regulatory 
text under the source-specific subpart (i.e., the same format that is 
being promulgated today for the Off-Site Waste and Recovery Operations 
NESHAP) Also, the EPA may, in the future, amend existing NSPS, NESHAP, 
or other rules to reference the appropriate unit-specific subparts, 
whether as a replacement for the air emission control requirements in 
the existing rule or as an alternative means of compliance. In these 
rulemaking cases, the EPA will first propose the Agency's intention of 
applying the requirements of Subparts OO, PP, QQ, RR, and VV, as 
applicable, to other rules. The public will have the opportunity to 
comment on the appropriateness and application of using these unit-
specific subparts for the particular sources regulated by the new or 
amended rule.
    A major advantage for using the unit-specific subpart format for 
NESHAP and other air rules is for those situations when more than one 
rule applies to a particular source (e.g., a tank) and each of these 
rules requires use of air emission controls on that source (e.g., a 
fixed roof). By establishing unit-specific subparts, all of the rules 
will reference a common set of design, operating, testing, inspection, 
monitoring, repair, recordkeeping, and reporting requirements for air 
emission controls. This eliminates the potential for duplicative or 
conflicting air emission control requirements being placed on the unit 
by the different rules, and assures consistency of the air emission 
control requirements applied to the same types of units.
    In the future, the EPA may decided it is appropriate to amend the 
air emission control requirements for different types of units to 
reflect improvements in control technologies or to add other control 
alternatives. When this occurs, using a unit-specific subpart format 
will simplify the amendment process and ensure that all source-specific 
subparts are amended in a consistent and timely manner. To incorporate 
the desired changes in the air emission control requirements, the EPA 
will need to amend only one subpart instead of amending each of the 
individual source category specific subparts. The identical amended 
regulatory language will automatically apply to all of the source 
category specific subparts that reference the amended unit-specific 
subpart. The amendments will become effective for all of the source 
category specific subparts at the same time.

G. Alternative Test Method Validation Procedure

    As part of today's action, the EPA is promulgating a new validation 
procedure titled ``Alternative Validation Procedure for EPA Waste 
Methods'' that can be used as an alternative to Method 301 in Appendix 
A under 40 CFR part 63 for the validation of a test method established 
by the EPA Office of Water (OW) or the EPA Office of Solid Waste (OSW) 
when this test method is used for air emission standards. The 
alternative method is less rigorous than Method 301. A proposed version 
of the alternative validation procedure was made available for public 
review and comment on August 14, 1996 (60 FR 41870) as part of the 
information placed in the public docket and being considered by the 
Agency in revising air standards in the RCRA rules. Comments on the 
information were accepted by the EPA through October 13, 1995. No 
significant comments were received by the EPA regarding the proposed 
alternative validation procedure.
    For the Off-Site Waste and Recovery Operations NESHAP, the EPA 
decided it is appropriate to allow organic concentration data test that 
are validated in accordance with the alternative validation method to 
be used as direct measurement data. Today's action promulgates 
``Alternative Validation Procedure for EPA Waste and Wastewater 
Methods'' as Appendix D in 40 CFR part 63. This final version of 
Appendix D is the same as the proposed version. As promulgated, the 
alternative validation procedure is to be applied exclusively to those 
EPA methods developed by OW and OSW when the method is being applied to 
EPA air emission standards. If an owner or operator wants to use a test 
method not issued by either of these two EPA offices as an alternative 
to the test methods specifically listed in the rule, this test method 
must be validated according to the procedures in Sections 5.1 and 5.3 
of Test Method 301.

III. Summary of Impacts

    The EPA estimates that implementation of the Off-Site Waste and 
Recovery Operations NESHAP will reduce HAP emissions from the source 
category on a nationwide basis by approximately 82 percent, from 52,000 
Mg/yr to 9,000 Mg/yr.

[[Page 34149]]

    The EPA also estimated the reduction in VOC emissions from the 
source category. The Off-Site Waste and Recovery Operations NESHAP is 
estimated to reduce nationwide VOC emissions by approximately 52,000 
Mg/yr. This value was calculated using the estimated nationwide HAP 
emission value times a value of approximately 1.2 to represent the 
ratio of VOC-to-HAP constituents in the off-site material regulated 
under the rule. The value for this ratio was derived from information 
in the data base for the off-site waste and recovery operations source 
category. This derived value is lower than VOC-to-HAP ratios indicated 
for other HAP emission sources. Thus, the procedure used to estimate 
nationwide VOC emissions for the source category is considered by the 
EPA to be conservative and may understate the actual quantity of VOC 
emission reduction that will occur from implementing the Off-Site Waste 
and Recovery Operations NESHAP.
    The EPA prepared estimates of the cost to owners and operators of 
implementing the requirements of the final Off-Site Waste and Recovery 
Operations NESHAP at plant sites the EPA expects are likely to be 
subject to the rule. The total nationwide capital investment cost to 
purchase and install the air emission controls that are required by the 
rule is estimated by the EPA to be approximately $42 million. The total 
nationwide annual cost of the Off-Site Waste and Recovery Operations 
NESHAP is estimated to be approximately $18 million per year. This 
corresponds to an average cost of approximately $420 per megagram of 
HAP controlled.
    Price increases in affected markets are projected at less than 0.01 
percent of baseline price, and decreases in production are projected at 
less than 0.1 percent. No businesses or facilities are projected by the 
EPA to close as a result of implementing the requirements of the final 
rule. For more information regarding the economic analysis, consult the 
Economic Impact Analysis of National Emissions Standards for Hazardous 
Air Pollutants: Off-Site Waste and Recovery Operations available in the 
docket (Docket No. A-92-16).

IV. Summary of Responses to Major Comments

    A summary of responses to selected major comments received on the 
proposed rule is presented below. Additional discussion of the EPA's 
responses to public comments is presented in the Basis and Support 
Document (see ADDRESSES section of this preamble).

A. Rule Applicability

    Comment: Many commenters stated that the proposed applicability of 
the Off-Site Waste and Recovery Operations NESHAP would be too broad 
and should be narrower. Major reasons presented by individual 
commenters include: (1) the rule's applicability was expanded by the 
EPA beyond the scope of the initial source category listing without 
providing adequate notice to the public; (2) including operations 
managing ``recoverable materials'' received from off-site in the rule's 
applicability discourages recycling, provides a disincentive to 
pollution prevention, and is inconsistent with the Pollution Prevention 
Act; and (3) range of facility types subject to the rule is too broad 
because many of these facility types have significantly different HAP 
emission sources.
    Response: The EPA proposed that the Off-Site Waste and Recovery 
Operations NESHAP be applicable to owners and operators of facilities 
that are ``major sources'' (as defined in 40 CFR 63.2) and at which 
operations are conducted to manage, convey, or handle ``wastes'' or 
``recoverable materials'' received from off-site and containing 
specific organic HAP constituents (as specified in Table 1 of the 
rule). Under the proposed rule, waste management and recovery 
operations listed by the EPA as separate NESHAP source categories were 
specifically exempted from the requirements of the rule.
    The EPA has not expanded the applicability of the Off-Site Waste 
and Recovery Operations NESHAP beyond the scope of the initial source 
category listing without providing adequate notice to the public. The 
EPA published an advance notice of proposed rulemaking (ANPR) in the 
Federal Register on December 20, 1993 (58 FR 66336) announcing the 
EPA's intent to develop a NESHAP for the off-site waste and recovery 
operations source category. In the ANPR, the EPA provided a general 
description of the types of facilities the EPA planned to regulate 
under this rulemaking (see 58 FR 66337). The EPA further provided a 
definition of ``waste'' that the Agency intended to be used for this 
rulemaking which included materials managed prior to being recycled. 
Thus, the Agency clearly expressed its intent in the ANPR to include 
recovery operations in the scope of this rulemaking.
    As described in Section II.D.3 of this notice, the Pollution 
Prevention Act of 1990 (42 U.S.C. 13101 et seq., Pub. L. 101-508, 
November 5, 1990) establishes the national policy of the United States 
for pollution prevention. The EPA believes that applying the Off-Site 
Waste and Recovery Operations NESHAP to units managing materials that 
are collected and transported to a facility for subsequent reprocessing 
or recycling is fully consistent with the Pollution Prevention Act. The 
final rule neither discourages recycling nor provides a disincentive to 
pollution prevention. The final rule does not prohibit or discourage an 
owner or operator from continuing to use the recovery operation; the 
rule only requires that the owner or operator control the organic HAP 
emitted to the atmosphere from the operation. This is consistent with 
the Pollution Prevention Act's declaration that operations to recycle 
or reuse materials be performed in an environmentally-safe manner.
    In proposed regulatory text, the EPA split the definition of 
``waste'' the Agency stated in the ANPR, into two separate terms; 
``waste'' being defined as materials managed prior to being discarded 
or discharged, and ``recoverable materials'' being defined as materials 
managed prior to being recycled, reprocessed, or reused. Based on the 
comments received by the EPA, it appears that commenters interpreted 
the proposed regulatory text using these terms to extend the 
applicability of the rule to certain types of recycling and recovery 
operations that the Agency never intended to be subject to this 
rulemaking. To clarify the EPA's intent, the general term ``recoverable 
material'' is not used in the final rule. Instead, the EPA has added to 
the final rule the new terms ``used oil'' and ``used solvent'' to 
define the specific types of recycled or reprocessed materials subject 
to the rule. In each case where the final Off-Site Waste and Recovery 
Operations NESHAP is applicable to a used oil or used solvent recovery 
operation, the EPA has included this operation because the Agency has 
concluded that the operation when uncontrolled can be a significant 
source of HAP emissions and the operation will not be regulated by 
another NESHAP.
    The EPA disagrees that the applicability of the Off-Site Waste and 
Recovery Operations NESHAP is too broad because many of the types of 
waste management and recovery operations included in the source 
category have significantly different HAP emission sources. In the 
Federal Register notice for the proposed rule, the EPA provided 
examples of specific types of facilities included in the off-site waste 
and recovery operations source category (see 59 FR 51920). At all of

[[Page 34150]]

these facilities, similar types of units are used to manage wastes or 
the other materials subject to the rule (e.g., tanks, containers, 
surface impoundments). Organic HAP are emitted from each type of unit 
by the same emission mechanisms regardless of the type of facility at 
which the unit is located. Common organic HAP control technologies are 
applicable to the units used at all of the off-site waste and recovery 
operations facility types. There are no significant differences in the 
organic HAP emissions or the control technologies applicable to 
controlling these emissions from the off-site waste and recovery 
operations facility types subject to this rulemaking.
    Many commenters mistakenly interpreted the regulatory language of 
the proposed rule to extend the applicability of the Off-Site Waste and 
Recovery Operations NESHAP to facilities that the Agency never intended 
to be subject to this rulemaking. In response to the different 
interpretation of the proposed rule's applicability by commenters 
versus the Agency's intent for this rulemaking, the EPA reviewed the 
proposed regulatory text for the rule. The EPA decided to revise the 
format to be inclusive by specifically identifying those waste 
management and recovery operations that are subject to the Off-Site 
Waste and Recovery Operations NESHAP. Owners and operators of waste and 
recovery operations not explicitly included in the set of conditions 
specified for the final Off-Site Waste and Recovery NESHAP are not 
subject to the rule.

B. Data Base Used for Rule Development

    Comment: Commenters stated that the data base used by the EPA to 
develop the Off-Site Waste and Recovery Operations NESHAP is not 
representative of all of the waste management recovery operations that 
would be potentially subject to the rule; and the information in the 
data base is not representative of current waste management and 
recovery operation practices.
    Response: In the development of the Off-Site Waste and Recovery 
Operations NESHAP, the EPA used the best information available to the 
Agency. Earlier in the development of the rule, the EPA recognized that 
more up-to-date data and additional information would be beneficial for 
evaluating the different types of waste management and recovery 
operations included in the source category and for estimating the 
impacts associated with this rulemaking. The EPA made several requests 
for information from the public to supplement the Agency's information 
regarding the off-site waste and recovery operations source category.
    Prior to proposal of the Off-Site Waste and Recovery NESHAP, the 
EPA announced in the ANPR the data bases the Agency was using for the 
impact analyses and requested information from the public (see 58 FR 
66338 and 66339). The EPA specifically requested more information on 
off-site material characteristics (types, quantities, organic 
composition), operating practices, and waste and recovery operation 
emission points and air emission data. No additional information 
regarding these topics was received by the EPA.
    At proposal, the EPA requested additional information to improve 
the Agency's understanding and profile of the waste management and 
recovery operations intended to be addressed by this rulemaking (see 59 
FR 51921). Additional information was provided to the EPA by commenters 
regarding the following topics: (1) industrial waste landfill 
operations, waste characterizations, and HAP emissions; (2) general 
practices for waste management and recovery operations commonly used at 
chemical manufacturing plants and petroleum refineries; and (3) general 
waste management practices used at oil exploration and production 
leases. In addition, the EPA obtained additional information regarding 
used solvent collection and management practices for businesses that 
reprocess used solvent for sale to other users.
    The data base used for the impact analysis for the rulemaking was 
compiled by collecting information related to off-site waste and 
recovery operations from nationwide surveys of hazardous waste TSDF, 
wastewater treatment facilities, and used oil management facilities 
that the EPA conducted for other rulemakings. The EPA is fully aware 
that off-site waste and recovery operations have changed since the 
surveys were conducted. These changes are the result of multiple 
factors including reductions in the quantities of certain wastes sent 
to waste management facilities as waste minimization programs have been 
implemented by generators; changes in waste disposal practices to 
comply with RCRA land disposal restrictions and other rules; and 
changes in ownership arrangements of waste management and recovery 
operations located within large petrochemical and other manufacturing 
complexes. In recognition of these changes, the EPA adjusted the data 
base to reflect these changes to the extent possible using other 
information available to the Agency.
    The EPA reviewed the data base used to develop the Off-Site Waste 
and Recovery Operations NESHAP with respect to the Agency's decisions 
regarding the rule revisions made to the applicability of the final 
rule. The EPA believes that the data base contains sufficient 
information regarding the types of the waste management and recovery 
operations that are subject to the final Off-Site Waste and Recovery 
Operations NESHAP to support the Agency's decisions for this 
rulemaking.

C. Land Disposal Unit Requirements

    Comment: Commenters disagreed with the proposed requirement to 
treat wastes prior to being placed in land disposal units because they 
state that the requirement is inconsistent with the RCRA land disposal 
restrictions and any solid waste land disposal restrictions should be 
promulgated by the EPA's Office of Solid Waste.
    Response: The EPA proposed that, prior to being placed in land 
disposal units, owners and operators treat those off-site materials 
having a VOHAP concentration equal to or greater than the action level. 
Based on the EPA's decisions regarding applicability of the rule to 
landfills and considering the existing requirements under RCRA land 
disposal restrictions, the EPA concluded that the proposed requirement 
is not needed for the Off-Site Waste and Recovery Operations NESHAP. 
The final rule places no restrictions on the disposal of wastes in land 
disposal units nor places any other air emission control requirements 
on these units.

D. Off-Site Material Determination Test Methods

    Comment: Commenters stated that proposed requirements for 
determining the average VOHAP concentration of a off-site material use 
inappropriate test methods and are excessive, impractical, and too 
costly to implement at many facilities potentially subject to the rule.
    Response: Under the Off-Site Waste and Recovery Operations NESHAP, 
air emission controls are not required for those off-site material 
management units located in the affected source when the unit manages 
off-site material having a VOHAP concentration less than the action 
level. As part of the procedure for determining the VOHAP concentration 
of the off-site material, the EPA proposed that an owner or operator 
could use either: (1) Direct measurement using Method 305 of samples of 
the material collected in accordance with the procedures specified in 
the rule; or (2) the owner's or operator's knowledge of the VOHAP 
concentration in material

[[Page 34151]]

based on information, as specified in the rule.
    For the final Off-Site Waste and Recovery Operations NESHAP, the 
EPA decided to add other appropriate test methods that an owner or 
operator can choose to use for direct measurement of the VOHAP 
concentration of an off-site material. In addition, the EPA has made 
certain other changes to facilitate the use of organic concentration 
data obtained using other alternative test methods not specifically 
listed in the rule. The EPA believes that the changes incorporated into 
waste determination requirements in conjunction with changes to the 
applicability and action level for the final Off-Site Waste and 
Recovery Operations NESHAP provide a range of options for determining 
the VOHAP concentration of an off-site material such that every owner 
and operator of facilities subject to the final rule has available 
practical and inexpensive waste determination alternatives.
    The EPA developed Method 305 to provide a relative measure of the 
potential for specific volatile organic compounds to be emitted from 
waste materials. In developing Method 305, the EPA solicited public 
comments on a proposed version of the method and addressed these 
comments in the final version of the method (59 FR 19402). Method 305 
has been validated and the EPA considers Method 305 to be an 
appropriate method for determining the VOHAP concentration of off-site 
materials subject to the Off-Site Waste and Recovery Operations NESHAP.
    Method 305 uses the same waste sample collection procedures and 
sample recovery conditions established by Method 25D (40 CFR part 60, 
Appendix A). When using Method 25D, the waste sample is analyzed to 
determine the total concentration, by weight, of all organics recovered 
from the waste sample. When using Method 305, the waste sample is 
analyzed to determine the purged concentration, by weight, of only 
those specific hazardous air pollutants in the waste sample which are 
listed in Table 1 in the rule (i.e., the VOHAP concentration). Any 
hazardous air pollutant or organic constituent that may be contained in 
the sample but is not listed in Table 1 in the rule is not counted in 
the VOHAP concentration determination. For the off-site materials 
typically managed in the operations subject to the Off-Site Waste and 
Recovery Operations NESHAP, the EPA concluded that using Method 25D is 
a reasonable alternative to using Method 305 for the purpose of this 
rulemaking. Therefore, the final Off-Site Waste and Recovery Operations 
NESHAP includes use of Method 25D as one of the test methods an owner 
or operator may choose among for direct measurement of the VOHAP 
concentration of an off-site material.
    Other test methods have been developed by the EPA for use in 
rulemakings under the Clean Water Act that measure the concentration of 
organic pollutants in municipal and industrial wastewaters (see 
Appendix A to 40 CFR part 136). Commenters suggested that certain of 
these test methods are applicable to EPA air rulemakings affecting 
wastewater management units. After extensive review, the EPA decided 
that as alternatives to using Method 305 or Method 25D for direct 
measurement of VOHAP concentration in an off-site material for the Off-
Site Waste and Recovery Operations NESHAP it is appropriate to add 
Methods 624, 1624, and 1625 (all contained in 40 CFR 136, Appendix A) 
when used under certain specified conditions. Because these methods 
measure the total concentration of the HAP constituents listed in Table 
1 of the rule, owners and operators may choose to ``correct'' these 
measured values to equate to the values that would be measured using 
Method 305. This is accomplished by multiplying the total concentration 
measured values times the appropriate ``f <INF>m factor'' presented in 
Table 1 of the rule to obtain the Method 305 VOHAP concentration.
    Sufficient recovery study results are available for Methods 1624 
and 1625 to correct for possible bias, and therefore, these methods are 
considered adequate by the EPA to characterize the concentration of a 
off-site material sample. In addition, Method 624 is appropriate 
provided the initial calibration of the analytical system is performed 
with the target compounds to be measured. However, none of these 
methods specifies a sample collection and handling procedure that is 
considered by the EPA adequate to minimize the volatilization of 
organics from the sample prior to analysis. Therefore, to ensure that 
an adequately representative sample of an off-site material is analyzed 
by the method, an owner or operator that chooses to use either Method 
624, 1624, or 1625 for the Off-Site waste and Recovery Operations 
NESHAP is required to develop and follow a written sampling plan. This 
plan describes a step-by-step procedure for collecting representative 
samples of the off-site materials such that material integrity is 
maintained and minimal loss of organics from the sample occurs 
throughout the collection and analysis process. An example of an 
acceptable sampling plan is one that incorporates sample collection and 
sample handing procedures similar to those specified in Method 25D. The 
sampling plan is to be maintained on-site in the facility records.
    The EPA proposed use of knowledge-of-the-waste, allowing a facility 
owner or operator to use test data obtained using a test method other 
than Method 305 provided that the method was validated in accordance 
with Method 301 (40 CFR part 63, Appendix A). Under this application of 
Method 301, the owner or operator would be validating the alternative 
test method results as compared to test results obtained using Method 
305. Since proposal, the EPA decided to allow organic concentration 
data test that are validated in accordance specifically with Sections 
5.1 and 5.3 of Method 301 to be used as direct measurement data. This 
makes validation of the alternative test method a self-check of the 
method being validated. Also, if appropriate, owners and operators may 
choose to ``correct'' values measured by the alternative test method to 
equate to the values that would be measured using Method 305 by 
multiplying the measured values times the appropriate ``f <INF>m 
factor'' presented for each hazardous air pollutant listed in Table 1 
of the rule.
    Finally, as discussed in Section II.G of this notice, the EPA is 
promulgating today a less rigorous validation procedure, ``Alternative 
Validation Procedure for EPA Waste Methods,'' in Appendix to 40 CFR 
part 63 as an alternative to Method 301 for the validation of a test 
method established by the EPA Office of Water (OW) or the EPA Office of 
Solid Waste (OSW) when this test method is used for air emission 
standards. The EPA decided it is appropriate to allow organic 
concentration data test that are validated in accordance with this 
method to be used as direct measurement data.

E. Container Air Emission Controls

    Comment: Commenters stated that proposed air emission control 
requirements for containers are commercially unavailable or impractical 
to implement. Also, commenters stated that the requirements should be 
consistent with the container air emission control requirements under 
the RCRA rules.
    Response: Since proposal, the EPA has obtained more information on 
the practices and equipment currently used to manage waste and used 
solvents in containers. Based on consideration of this information, the 
EPA decided to

[[Page 34152]]

revise the air emission control requirements for containers to better 
reflect the container organic HAP emission potential, the various 
container types, and the common container management practices used for 
off-site waste and recovery operations. The EPA believes that these 
revised requirements are technically feasible and practical to 
implement on all types of containers that the Agency expects to be 
subject to the rule. These revisions are described in detail in Section 
V.G of this notice.
    The EPA is addressing consistency between the air emission control 
requirements for containers (as well as the other affected units) in 
the Off-Site Waste and Recovery Operations NESHAP and the RCRA rules by 
amending the RCRA rules to include an exemption for those affected 
units using organic emission controls in accordance with the 
requirements of the Off-Site Waste and Recovery Operations NESHAP or 
any other applicable NESHAP.

F. Recordkeeping and Reporting

    Comment: Commenters stated that the recordkeeping and reporting 
requirements proposed for the Off-Site Waste and Recovery Operations 
NESHAP would be excessive and inconsistent with other NSPS, NESHAP, and 
RCRA rules that also may be applicable to a unit subject to the rule.
    Response: Under section 114(a) of the Act, the EPA may require any 
owner or operator of a source subject to a NESHAP to establish and 
maintain records as well as prepare and submit notifications and 
reports to the EPA or authorized State. Review by EPA and State 
officials of appropriate information that is maintained in facility 
records and is submitted in facility prepared reports provides one 
means for checking the compliance status of the facility with the 
NESHAP technical requirements. However, the EPA also recognizes that 
excessive and duplicative recordkeeping and reporting requirements can 
create a burden to facility owners and operators complying with a 
NESHAP as well as to the EPA and State officials responsible for 
assuring compliance with the NESHAP. Thus, it is the EPA's intention to 
limit the amount of recordkeeping and reporting required for a 
particular NESHAP to reasonable requirements which will provide the 
appropriate information needed by EPA and State officials to enforce 
the rule.
    For the Off-Site Waste and Recovery Operations NESHAP, the EPA 
proposed adopting the recordkeeping and reporting requirements as 
specified in the Part 63 General Provisions. The EPA reviewed the 
recordkeeping and reporting needed for the final rule considering the 
revisions made to the rule applicability and technical requirements. 
Based on this review, the EPA decided that certain changes to simplify 
the recordkeeping and reporting requirements for the final Off-Site 
Waste and Recovery Operations NESHAP can be made without compromising 
the enforceability of the rule.

VI. Summary of Changes Since Proposal

    Changes have been incorporated into the final Off-Site Waste and 
Recovery Operations NESHAP in response to comments on the proposed 
rule. Also, the EPA has made many changes to the specific air emission 
control requirements to clarify the EPA's intent in the application and 
implementation of these requirements and to make these requirements 
consistent and up-to-date with EPA decisions made for other related 
NESHAP and RCRA rules. The substantive changes to the Off-Site Waste 
and Recovery Operations NESHAP since proposal are summarized below.

A. Applicability

    Several major changes have been made to the applicability of the 
final Off-Site Waste and Recovery Operations NESHAP to address comments 
on the proposed rule and to clarify the specific waste management and 
recovery operations that the EPA intends to be subject to the Off-Site 
Waste and Recovery Operations NESHAP. These changes include: (1) 
Deleting the proposed term ``recoverable material'' and defining new 
terms ``off-site material'', ``used oil'', and ``used solvent'' to 
explicitly specify the types of materials that the EPA is regulating 
under this rule; (2) adding a list of the specific wastes and other 
materials which can be received at a plant site but not considered by 
the EPA to be off-site materials for the purpose of implementing the 
rule; and (3) using an inclusive format to limit the rule applicability 
to six specific types of waste management and recovery operations. A 
detailed description of each of these changes is presented in the 
following paragraphs.
    The Off-Site Waste and Recovery Operations NESHAP is applicable to 
owners and operators of a plant site that meet both of the following 
conditions: (1) The plant site is a major source of HAP emissions as 
defined in the General Provisions to 40 CFR part 63; and (2) at the 
plant site, the owner or operator manages ``off-site material,'' as 
defined in the rule, in one or more of the specific waste management or 
recovery operations listed in the rule. If either one (or both) of the 
conditions do not apply to a plant site, then the owner and operator of 
the plant site is not subject to the Off-Site Waste and Recovery 
Operations NESHAP, and no action is required by the owner or operator 
in regards to this rule.
    For the purpose of implementing the Off-Site Waste and Recovery 
Operations NESHAP, a ``plant site'' is all contiguous or adjoining 
property that is under common control including properties that are 
separated only by a road or other public right-of-way. Common control 
includes properties that are owned, leased, or operated by the same 
entity, parent entity, subsidiary, or any combination thereof. A unit 
or group of units within a contiguous property that are not under 
common control (e.g., a wastewater treatment unit or solvent recovery 
unit located at the site but is sold to a different company) is a 
different plant site.
    The first applicability condition for the Off-Site Waste and 
Recovery Operations NESHAP is determined by whether or not the plant 
site is a major source of HAP emissions as defined in 40 CFR 63.2. In 
general, this would be a plant site that emits or has the potential to 
emit considering controls, in total, 10 tons per year or more of any 
one HAP or 25 tons per year or more of any combination of HAP. If the 
plant site is not a major source, then the owner and operator of the 
plant site is not subject to the Off-Site Waste and Recovery Operations 
NESHAP regardless of the types of materials received from off-site.
    The second applicability condition involves the combined 
requirement that ``off-site material'' must be received at the plant 
site and this material must be managed in one of the six types of waste 
management or recovery operations specified in the rule. The first part 
of the applicability condition involves determining whether an ``off-
site material'' as defined in the rule is received at the plant site. 
The second part of the applicability condition involves determining 
whether one or more of the following types of waste management or 
recovery operations is located at the plant site: (1) a hazardous waste 
treatment, storage, and disposal facility (TSDF) regulated under 40 CFR 
part 264 or 265 that manages waste received from off-site; (2) a 
wastewater treatment facility that manages wastewater received from 
off-site and this facility is exempted from regulation

[[Page 34153]]

as a TSDF under 40 CFR 264.1(g)(6) or 40 CFR 265.1(c)(10); (3) a 
wastewater treatment facility other than a POTW that manages 
wastewaters received from off-site and operation of this facility is 
the predominant function performed at the plant site; (4) a facility 
that recycles off-site material and this facility is exempted from 
regulation as a TSDF under 40 CFR 264.1(g)(2) or 40 CFR 265.1(c)(6); 
(5) a facility in which used solvents received from off-site are 
reprocessed or recovered; and (6) a facility in which used oil received 
from off-site is reprocessed or re-refined and this facility is 
regulated under 40 CFR Part 279, subpart F--Standards for Used Oil 
Processors and Refiners.
    For the purpose of implementing the rule, ``off-site material'' is 
defined to be a material for which all three of the following criteria 
apply: (1) The material is a ``waste'', ``used oil'', or ``used 
solvent'' as defined in the rule; (2) this material is delivered, 
transferred, or otherwise moved to the plant site from another 
location; and (3) this material contains one or more of the specific 
HAP constituents listed in Table 1 in the rule. If the material 
received at the plant site does not meet any one of these criteria, 
then the material is not an ``off-site material'' under the rule.
    The term ``waste'' used for the final rule is the same definition 
proposed for the rule. Waste types that EPA does not intend to be 
regulated under this rulemaking are specifically listed in the final 
rule. For the purpose of the implementing the Off-Site Waste and 
Recovery Operations NESHAP, none of the following wastes are ``off-site 
materials'': household waste as defined in 40 CFR 258.2; radioactive 
mixed waste managed in accordance with all applicable regulations under 
Atomic Energy Act and Nuclear Waste Policy Act authorities; waste that 
is generated by remedial activities required under the RCRA corrective 
action authorities (RCRA sections 3004(u), 3004(v), or 3008(h)), CERCLA 
authorities, or similar Federal or State authorities; waste containing 
HAP that is generated by residential households (e.g., old paint, home 
garden pesticides) and subsequently is collected as a community service 
by government agencies, businesses, or other organizations for the 
purpose of promoting the proper disposal of this waste; waste that is 
generated by or transferred from units complying with all applicable 
regulations under 40 CFR Part 63, subparts F and G--National Emission 
Standards for Organic Hazardous Air Pollutants from the Synthetic 
Organic Chemical Manufacturing Industry; waste containing benzene that 
is generated by or transferred from units complying with all applicable 
requirements specified by Sec. 61.342(b) under 40 CFR Part 61, subpart 
FF--National Emission Standards for Benzene Waste Operations for a 
facility at which the total annual benzene quantity from facility waste 
is equal to or greater than 10 Mg/yr; and ship ballast water that is 
pumped from a ship to an onshore wastewater treatment facility.
    ``Used oil'' means any oil refined from crude oil or any synthetic 
oil that has been used and as a result of such use is contaminated by 
physical or chemical impurities. This definition is consistent with the 
definition used by the EPA for the RCRA used oil management standards 
under 40 CFR Part 279, subpart F.
    ``Used solvent'' means a solvent composed of mixtures of one or 
more aliphatic hydrocarbons or aromatic hydrocarbons that has been used 
and as a result of such use is contaminated by physical or chemical 
impurities.
    Based on the applicability conditions for the final Off-Site Waste 
and Recovery Operations NESHAP, an owner or operator is not subject to 
the rule and no action is required by the rule for the following cases. 
If a plant site is not a major source of HAP emissions, then the owner 
and operator of the plant site are not subject to the Off Site Waste 
and Recovery Operations NESHAP regardless of whether the site receives 
off-site material. If at a plant site is located one or more of the 
specific waste management or recovery operations listed in the rule but 
off-site material received at the plant site is not managed in these 
operations, then the owner and operator of the plant site are not 
subject to the Off-Site Waste and Recovery Operations NESHAP. In a case 
when a plant site receives off-site material and is a major source of 
HAP emissions but there is not one of the waste management or recovery 
operations listed in the rule located at the site, then owner and 
operator of the plant site are not subject to the Off-Site Waste and 
Recovery Operations NESHAP.
    At a plant site subject to the Off-Site Waste and Recovery 
Operations NESHAP, the rule only applies to the affected sources used 
to manage off-site material in the waste management and recovery 
operations specified in the rule that are located at the plant site. 
Units and equipment used to manage off-site material at the plant site 
but are not part of one of the waste management or recovery operations 
specified in the rule are not affected sources under the rule.
    The first affected source for the Off-Site Waste and Recovery 
Operations NESHAP is the group of tanks, surface impoundments, 
separators, transfer systems, and containers used to manage off-site 
material in each of the waste management and recovery operations 
specified in the rule that are located at the plant site. The second 
affected source for the rule is the group of process vents on units in 
each of the waste management and recovery operations specified in the 
rule that are located at the plant site.
    The third affected source for the rule is the group of equipment 
components consisting of pumps, compressors, agitators, pressure relief 
devices, sampling connection systems, open-ended valves and lines, 
valves, connectors, and instrumentation systems that contain or contact 
off-site material in each of the waste management and recovery 
operations specified in the rule that are located at the plant site.
    The compliance date for existing sources subject to the Off-Site 
Waste and Recovery Operations NESHAP (i.e., affected sources that 
commenced construction or reconstruction before October 13, 1994) to 
meet the air emission control requirements of the rule is beginning 3 
years after today's date. If management of off-site material in the 
source is discontinued by this date, then source would no longer 
subject to the rule. On the other hand, if an existing waste management 
operation or recovery operation does not presently receive off-site 
material but begins receiving off-site materials for the first time 3 
years after today's date (and meets the other applicability conditions 
in the rule), then the source is a new source subject to the rule. In 
this case, the owner or operator of the source must achieve compliance 
with the provisions of the rule upon the first date that the waste 
management operation or recovery operation begins to manage the off-
site material.
    Finally, the list of the specific HAP constituents for the Off-Site 
Waste and Recovery Operations NESHAP (Table 1 in Subpart DD) was 
revised by the EPA for the final rule. The EPA decided to delete eight 
chemicals from the proposed list because of the low potential for these 
chemicals to be emitted from the waste management and recovery 
operations subject to the rule. The criterion used to characterize and 
evaluate emission potential was based on a chemical constituent's 
Henry's law constant. The following chemical compounds were deleted 
from the proposed list: acrylic acid, aniline, o-cresol, 
dibutylphthalate, 1,1-

[[Page 34154]]

dimethylhydrazine, formaldehyde, methyl hydrazine, and n-
nitrosodimethylamine.

B. General Standards

    Several major changes have been made to the general standards for 
the final rule. First, the average VOHAP concentration action level for 
off-site material required to be managed in the units using air 
emission controls under the rule has been changed to 500 ppmw (as 
determined at the point-of-delivery). Units managing off-site materials 
determined by the owner or operator to have average VOHAP 
concentrations that remain less than 500 ppmw are not required to use 
air emission controls under the rule. The second change is land 
disposal units have been deleted as an affected source and the final 
rule places no restrictions on the disposal of wastes in land disposal 
units.
    A third change is the addition of an exemption to the general 
standards in the final Off-Site Waste and Recovery Operations NESHAP 
that relates to the treatment of the off-site material. This exemption 
provides that an off-site material management unit is exempted from the 
air emission control requirements if the off-site material placed in 
the unit is a hazardous waste that meets the numerical concentration 
limits, applicable to the hazardous waste, as specified in 40 CFR part 
268--Land Disposal Restrictions under both of the following tables: (1) 
Table ``Treatment Standards for Hazardous Waste'' in 40 CFR 268.40, and 
(2) Table UTS--``Universal Treatment Standards'' in 40 CFR 268.48.

C. Treatment Standards

    The final Off-Site Waste and Recovery Operations NESHAP provides 
owners or operators with a selection of alternative provisions for 
determining when a treated off-site material is no longer required to 
be managed in units meeting the air emission control requirements of 
the rule. The proposed treatment alternatives have been revised where 
appropriate to reflect the new action level of 500 ppmw and additional 
alternatives have been added to the rule to provide greater flexibility 
to the owner or operator in the treatment of off-site materials.

D. Tank Standards

    The tank standards have been revised to address comments on the 
proposed requirements, to be consistent with tank standards established 
for related NESHAP source categories, and to reduce the inspection, 
monitoring, recordkeeping, and reporting requirements. In general, the 
final Off-Site Waste and Recovery Operations NESHAP establishes two 
levels of air emission control for tanks managing off-site materials 
having a maximum HAP vapor pressure less than 76.6 kPa. The control 
level applicable to a tank required to use controls is determined by 
the tank design capacity and the maximum organic HAP vapor pressure of 
the off-site material in the tank. Different capacity and vapor 
pressure limits have been established for tanks determined to be part 
of an existing affected source and those determined to be part of a new 
affected source. Tanks used for waste stabilization processes are 
required to use Tank Level 2 air emission controls. The designation of 
which tanks are required to use controls and the required control level 
for the tank are specified in 40 CFR part 63, subpart DD--National 
Emission Standards for Hazardous Air Pollutants from Off-Site Waste and 
Recovery Operations. The specific air emission control requirements for 
Tank Level 1 controls are specified in 40 CFR part 63, subpart OO--
National Emission Standards for Tanks-Level 1. The specific air 
emission control requirements for Tank Level 2 controls remain in 40 
CFR part 63, subpart DD.
    The tank capacity limits for existing tanks in which the maximum 
HAP vapor pressure of the off-site material in the tank is less than 
76.6 kPa have been corrected to be consistent with the EPA's original 
intent to be compatible with other RCRA and NESHAP air emission 
standards already promulgated by the Agency which potentially could be 
applicable to the same tank. The proposed rule was incorrectly drafted 
to exclude existing tanks having a design capacity less than 75 m\3\ 
(approximately 20,000 gallons) from using any air emission controls. 
The EPA never intended to exclude this group of tanks from this 
rulemaking. Under the final rule, when applicable, use of Tank Level 1 
air emission controls is required for an existing tank having a design 
capacity less than 75 m\3\.
    For a tank required to use Level 1 controls, the final rule 
specifies that the off-site material be managed in a tank using a 
fixed-roof. For the Level 2 controls, the final rule requires that off-
site material be managed in one of the following: (1) a fixed roof tank 
equipped with an internal floating roof; (2) a tank equipped with an 
external floating roof; (3) a tank vented through a closed-vent system 
to a control device; (4) a pressure tank; or (5) a tank located inside 
an enclosure that is vented through a closed-vent system to an enclosed 
combustion control device.

E. Oil-Water Separator and Organic-Water Standards

    Under the final Off-Site Waste and Recovery Operations NESHAP, 
individual air emission control requirements have been established for 
oil-water separator or organic-waster separators. For each separator 
required to use controls under the rule, the owner or operator is 
required to control air emissions from the separator by installing and 
operating on each section of the unit either a floating roof or a 
fixed-roof that is vented through a closed-vent system to a control 
device. The designation of which separators are required to use 
controls is specified in 40 CFR part 63, subpart DD--National Emission 
Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery 
Operations. The specific air emission control requirements are 
specified in 40 CFR part 63, subpart VV--National Emission Standards 
for Oil-Water and Organic-Water Separators.

F. Surface Impoundment Standards

    Revisions have been made to the surface impoundment standards so 
that, where relevant and appropriate, the inspection, monitoring, 
recordkeeping, and reporting requirements for surface impoundments are 
consistent with the requirements established for tanks and separators. 
The designation of which surface impoundments are required to use 
controls is specified in 40 CFR 63 subpart DD--National Emission 
Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery 
Operations. The specific air emission control requirements are 
specified in 40 CFR part 63, subpart QQ--National Emission Standards 
for Surface Impoundments.

G. Container Standards

    The container standards have been significantly revised to address 
comments on the proposed requirements, to make this rule compatible 
with the existing U.S. Department of Transportation (DOT) regulations 
for transporting hazardous materials, and to reduce the inspection, 
monitoring, recordkeeping, and reporting requirements. The designation 
of which containers are required to use controls and the required 
control level for the container are specified in 40 CFR 63 subpart DD--
National Emission Standards for Hazardous Air Pollutants from Off-Site 
Waste and Recovery Operations. The specific air emission control 
requirements for each control level are specified in 40 CFR Part 63

[[Page 34155]]

subpart PP--National Emission Standards for Containers.
    The revised container standards for the Off-Site Waste and Recovery 
Operations NESHAP establish three levels of air emission control. The 
control level applicable to a container is determined by the container 
design capacity, the total organic content of the material in the 
container, and use of the container. For example, containers with a 
design capacity less than or equal to 0.1 m<SUP>3 (approximately 26 
gallons) are not subject to any requirements under the rule.
    Under the final rule, Level 1 controls are required for the 
following container categories (except when the container remains 
uncovered for waste stabilization processes): (1) containers having a 
design capacity greater than 0.1 m<SUP>3 and less than or equal to 0.46 
m<SUP>3 (approximately 119 gallons); and (2) containers with a design 
capacity greater than 0.46 m<SUP>3 and used to manage off-site 
materials that do not meet the definition of ``light material.'' Level 
2 controls are required for containers with a design capacity greater 
than 0.46 m<SUP>3 and used to handle ``light materials'' (i.e., off-
site materials where the vapor pressure of one or more of the 
components in the material is greater than 0.3 kilopascals [kPa] at 20 
deg.C, and the total concentration of the pure components having a 
vapor pressure greater than 0.3 kPa at 20  deg.C is equal to or greater 
than 20 percent by weight), except when the container remains uncovered 
for waste stabilization processes. Level 3 controls are required for 
containers having a design capacity greater than 0.1 m<SUP>3 that must 
remain uncovered for waste stabilization processes.
    For the containers required to use Level 1 controls, the final rule 
requires that the off-site material be managed either: (1) in a 
container that meets the relevant DOT regulations on packaging 
hazardous materials for transportation under 49 CFR parts 173, 178, 
179, and 180; or (2) a covered container that meets the requirements 
specified in the final rule. No additional requirements are specified 
by the final rule for containers complying with the applicable DOT 
regulations. In the case when an owner or operator elects to comply 
with the covered container requirements (i.e., non-DOT containers), the 
container must be equipped with a tight-fitting cover that has no 
visible gaps, spaces, holes, or other openings. The rule does require a 
visual inspection when the cover is applied and, thereafter, annually 
if the container remains in on-site storage for a period longer than 1 
year. No testing for detectable organic emissions using Method 21 is 
required. No recordkeeping and reporting are required under the final 
rule for containers using Level 1 controls.
    For the containers required to use Level 2 controls, the final rule 
requires that the off-site material be managed in one of the following: 
(1) a container that meets the relevant DOT regulations on packaging 
hazardous materials for transportation under 49 CFR parts 173, 178, 
179, and 180; or (2) a container that has been demonstrated within the 
preceding 12 months to operate with no detectable organic emissions by 
using Method 21; or (3) a container that has been demonstrated within 
the preceding 12 months to be vapor-tight by using Method 27. No 
additional requirements are specified by the final rule for containers 
complying with the applicable DOT regulations. Specific design, 
operating, inspection and monitoring, repair, recordkeeping, and 
reporting requirements for containers tested using either Method 21 or 
27 are specified in the rule.
    For the containers required to use Level 3 controls, the final rule 
requires that an open container be placed in an enclosure vented 
through a closed-vent system to a control device or a covered container 
be vented directly to a control device. If an enclosure is used, the 
enclosure is to be designed in accordance with the criteria for a 
permanent total enclosure as specified in 40 CFR 52.741, Appendix B, 
Procedure T--Criteria for and Verification of a Permanent or Temporary 
Total Enclosure.
    Requirements for loading off-site material into a container have 
been revised since proposal. Under the final rule there are no 
requirements for loading off-site material into containers using Level 
1 controls. For containers using Level 2 controls, the loading 
requirements have been revised to allow flexibility to use any 
appropriate loading method that will minimize exposure of the off-site 
material to the atmosphere and thereby reduce organic air emissions, to 
the extent practical considering the physical properties of the off-
site material and good engineering and safety practices. Examples of 
container loading procedures that the EPA considers to meet these 
requirements include, but are not limited to, using a submerged-fill 
pipe or other submerged-fill method to load liquids into the container; 
or using a vapor-balancing or a vapor-recovery system to collect and 
control the vapors displaced from the container during filling 
operations.
    The inspection, monitoring, recordkeeping, and reporting 
requirements for containers have been significantly simplified from 
those proposed. Owners and operators of containers using either 
Container Level 1 or Container Level 2 controls in accordance with the 
provisions of the rule are required to visually inspect the container 
and its cover and closure devices to check for defects at the time the 
owner or operator first accepts possession of the container at the 
facility site with the exception of those containers emptied within 24 
hours of being received. Also, in the case when a container used for 
managing regulated-material remains at the facility site for a period 
of 1 year or more, the container and its cover and closure devices are 
to be visually inspected to check for defects at least once every 12 
months.
    There are no requirements for periodic Method 21 leak monitoring of 
containers. There are no recordkeeping nor reporting requirements under 
this final rulemaking for containers using either Container Level 1 or 
Container Level 2 controls.

H. Transfer System Standards

    The major change to the transfer system standards is the addition 
of specific requirements for individual drain systems to the final 
rule. The designation of which individual drain systems are required to 
use controls is specified in 40 CFR 63 subpart DD--National Emission 
Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery 
Operations. The specific air emission control requirements are 
specified in 40 CFR 63 subpart RR--National Emission Standards for 
Individual Drain systems. Other revisions have been made, where 
relevant and appropriate, so that the requirements for transfer systems 
other than an individual drain system are consistent with the 
requirements established for the other types of off-site material 
management units.

I. Process Vent Standards

    In response to comments, several changes have been made to the air 
emission control requirements for process vents under the Off-Site 
Waste and Recovery Operations NESHAP. The term ``enclosed treatment 
unit'' proposed for the rule has been deleted from the final rule and 
replaced with a definition for the term ``process vent.'' The EPA 
decided to use this new term to clarify the process vents that must use 
air emission controls under the rule. The final rule has also been 
revised to require an average emission reduction of

[[Page 34156]]

at least 95 percent by weight in total HAP emissions from the 
combination of all affected process vents at the plant site (i.e., all 
process vents that are a part of the affected sources subject to the 
Off-Site Waste and Recovery Operations NESHAP).

J. Equipment Leak Air Standards

    The EPA has not included in the final Off-Site Waste and Recovery 
Operations NESHAP a definition for ``ancillary equipment'' as was 
originally proposed. Instead, the specific equipment types subject to 
equipment leak standards under the Off-Site Waste and Recovery 
Operations NESHAP are listed directly in the applicability section of 
the rule (Sec. 63.690). These equipment types are consistent with other 
NESHAP equipment leak standards.

K. Control Device and Closed-Vent System Standards

    Revisions to the control device and closed-vent system standards 
consist of incorporating changes to the closed-vent system and control 
device requirements so that these requirements are consistent and up-
to-date with the general decisions the EPA has made regarding NESHAP 
inspection, monitoring, maintenance, repair, malfunctions, 
recordkeeping, and reporting requirements for organic emission control 
devices. Also, to improve the readability and user understanding of the 
requirements, the format used to present the standards has been 
revised. In the final rule, all of the requirements for a particular 
type of control device (e.g., vapor incinerator, carbon adsorber, or 
condenser) are grouped together.

L. Test Methods and Procedures

    For the final Off-Site Waste and Recovery Operations NESHAP, the 
EPA decided to allow an owner or operator to use any one of several 
existing EPA test methods for direct measurement of the VOHAP 
concentration of an off-site material. In addition, the EPA has made 
certain other changes to the rule to facilitate the use of organic 
concentration data obtained using other alternative test methods not 
specifically listed in the rule.
    The final rule allows an owner or operator to directly measure the 
volatile organic concentration using any one of the following methods: 
Method 305 in 40 CFR part 63, Appendix A; Method 25D in 40 CFR part 60, 
Appendix A; or Method 624, Method 1624, or Method 1625 in 40 CFR part 
136, Appendix A (when used in accordance with the procedure specified 
in the rule). In addition, an owner or operator may use any other 
alternative method that has been validated in accordance with the 
procedures specified in Sections 5.1 and 5.3 of Method 301 or specified 
in the Appendix D--Alternative Validation Procedure for EPA Waste 
Methods promulgated by this action in 40 CFR part 63.

M. Recordkeeping and Reporting Requirements

    The EPA has changed the recordkeeping and reporting requirements 
for the final Off-Site Waste and Recovery Operations NESHAP to reflect 
the revisions to the rule applicability and technical requirements and 
reduce the burden of these requirements on owners and operators.

VII. Administrative Requirements

A. Docket

    The docket is an organized and complete file of information 
considered by the EPA in the development of a rulemaking. The docket 
pertaining to the Off-Site Waste and Recovery Operations NESHAP is 
Docket No. A-92-16. This docket contains a copy of the regulatory text 
of the proposed rule, the BID, and copies of all BID references and 
other information related to the development of the proposed and final 
rule. The public may review all materials in this docket at the EPA's 
Air and Radiation Docket and Information Center (see the ADDRESSES 
section at the beginning of this notice).

B. Paperwork Reduction Act

    The information collection requirements for this NESHAP have been 
submitted for approval to the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An 
Information Collection Request (ICR) document has been prepared by the 
EPA (ICR No. 1717.02), and a copy may be obtained from Sandy Farmer, 
OPPE Regulatory Information Division (2137), U.S. Environmental 
Protection Agency, 401 M Street, S.W.; Washington, DC 20460, or by 
calling (202) 260-2740.
    The public recordkeeping and reporting burden for this collection 
of information is estimated to average approximately 830 hours per 
respondent for each of the first 3 years following promulgation of the 
rule. These estimates include time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information.
    Send comments regarding the recordkeeping and reporting burden 
estimate or any other aspect of this collection of information, 
including suggestions for reducing this burden, to Chief, Information 
Policy Branch (2137), U.S. Environmental Protection Agency, 401 M 
Street, S.W.; Washington, DC 20460; and to the Office of Information 
and Regulatory Affairs, Office of Management and Budget, Washington, DC 
20503, marked ``Attention: Desk Officer for EPA.''

C. Executive Order 12866

    Under Executive Order 12866 (58 FR 5173, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant regulatory action'' as 
one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of the Executive Order 12866, it has been 
determined that this action will be treated as a ``significant 
regulatory action'' within the meaning of the Executive Order. As such, 
this action was submitted to the Office of Management and Budget (OMB) 
for review. Changes made in response to OMB suggestions or 
recommendations are documented in the docket pertaining to the Off-Site 
Waste and Recovery Operations NESHAP rulemaking (Docket No. A-92-16).

D. Regulatory Flexibility Act

    Section 605 of the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 
et seq.), the EPA Regulatory Flexibility guidelines (April, 1992), and 
the Small Business Regulatory Fairness Act of 1996 requires Federal 
agencies to give special consideration to the impacts of regulations on 
small entities, which are small businesses, small organizations, and 
small governments. The major purpose of the Regulatory Flexibility Act, 
the EPA guidelines, and the Small Business Fairness Act is to keep 
paperwork and regulatory requirements

[[Page 34157]]

from being out of proportion to the scale of the entities being 
regulated, without compromising the objectives of, in this case, the 
Clean Air Act.
    A small business with establishments in Standard Industrial 
Classification 4953, Refuse Systems, is defined by the Small Business 
Administration as one receiving less than $6 million per year, averaged 
over the most recent three fiscal years. A small organization is a not-
for-profit enterprise that is independently owned and operated and is 
not dominant in the waste disposal industry. A small government is one 
that serves a population of less than 50,000 people. The EPA may use 
other definitions, but elects to use these. The EPA believes that small 
organizations and small governments have at most a very minor 
involvement with the types of waste management and recovery operations 
subject to this rule, and therefore would not be significantly affected 
by the Off-Site Waste and Recovery Operations NESHAP. Hence, the EPA 
has concentrated its attention on small businesses.
    The Regulatory Flexibility Act specifies that Federal agencies must 
prepare an initial regulatory flexibility analysis if a proposed 
regulatory action would have ``a significant economic impact on a 
substantial number of small entities.'' The data bases available to the 
EPA reflect the state of the hazardous waste TSDF industry in 1986, and 
provide limited basis for updating the economic factors. Furthermore, 
the EPA does not have reliable projections of construction of new 
facilities with the types of waste management and recovery operations 
that will be subject to the rule. The EPA, based on its initial 
Regulatory Flexibility analysis, therefore assumed that the rule may 
have a significant impact on a substantial number of small businesses, 
and conducted a final regulatory flexibility analysis. This analysis is 
part of the economic impact analysis (titled Economic Impact Analysis 
of National Emission Standards for Hazardous Air Pollutants: Off-Site 
Waste and Recovery Operations) prepared for the rulemaking and 
available in the docket (Docket No. A-92-16).
    Even though many facilities at which are located waste management 
and recovery operations receiving off-site materials are expected to be 
area sources and would not be subject to this NESHAP, the EPA assumed 
for the regulatory flexibility analysis that all facilities listed in 
the source category data base are collocated at major sources. Also, 
the analysis did not exclude those facilities that are major sources 
but would not be subject to the air emission control requirements under 
the Off-Site Waste and Recovery Operations NESHAP because the facility 
qualifies for the rule exemption for a facility at which the total 
annual organic HAP mass content of all off-site material is less than 1 
Mg/yr.
    From the source category data base, the EPA identified for the 
analysis 110 small businesses that own 112 facilities subject to the 
Off-Site Waste and Recovery Operations NESHAP. As a result of 
exemptions allowed by the final rule, none of these small businesses 
would incur costs beyond costs for recordkeeping and reporting. All of 
these small businesses would meet at least one of the exemption 
criteria in the rule and, therefore, would not need to use the air 
emission controls required by the rule. The small costs for 
recordkeeping and reporting are required to document compliance with 
the rule exemptions. For a median small business, the same costs come 
to less than 0.1 percent of salescompared with about 0.01 percent for 
the median large business. Since there are no capital costs to small 
businesses, none of the small businesses would exceed the capital cost 
retained earning breakpoints (the maximum amount of new capital a 
business can raise without issuing new stock and without changing its 
existing capital structure). By way of comparison, 30 percent of large 
businesses would have capital costs of compliance exceeding their 
breakpoints. None of these large businesses are expected to receive 
significant economic impacts.
    Finally, the EPA evaluated the possibility that the final rule 
might cause a small business to close. Based on this review, no small 
businesses are expected to close as a result of having to comply with 
the requirements of the final rule.
    Pursuant to section 605(b) of the Regulatory Flexibility Act, the 
Administrator certifies that this rule will not have a significant 
economic impact on a substantial number of small entities.

E. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate, or to 
the private sector, of $100 million or more. Under section 205, the EPA 
must select the most cost effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires the EPA to establish a 
plan for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    The EPA has determined that the action promulgated today does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. Therefore, the requirements of the 
Unfunded Mandates Act do not apply to this action.

F. Review

    The off-site waste and recovery operations NESHAP will be reviewed 
8 years from today's date of promulgation. This review will include an 
assessment of such factors as evaluation of the residual health risks, 
any duplication with other air programs, the existence of alternative 
methods, enforceability, improvements in air emission control 
technology and health data, and the recordkeeping and reporting 
requirements.

VII. Statutory Authority

    The statutory authority for this proposal is provided by section 
101, 112, 114, 116, and 301 of the Clean Air Act, as amended; 42. 
U.S.C., 7401, 7412, 7414, 7416, and 7601.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Containers, 
Equipment leaks, Hazardous air pollutants, Individual drain systems, 
NESHAP, Off-site waste and recovery operations, Oil-water separators, 
Process vents, Tanks, Surface impoundments, Used oil, Used solvents, 
Waste.

    Dated: May 28, 1996.
Carol M. Browner,
The Administrator.

    For the reasons set out in the preamble, title 40, chapter I, part 
63 of the Code of Federal Regulations are amended as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

    1-3. The authority citation for part 63 continues to read as 
follows:

    Authority: 42 U.S.C. 7401, et seq.

    4. Part 63 is amended by adding subpart DD consisting of 
Secs. 63.680 through 63.698 to read as follows:

[[Page 34158]]

Subpart DD--National Emission Standards for Hazardous Air Pollutants 
from Off-Site Waste and Recovery Operations
Sec.
63.680  Applicability and designation of affected sources.
63.681  Definitions.
63.682  [Reserved]
63.683  Standards: General.
63.684  Standards: Off-site material treatment.
63.685  Standards: Tanks.
63.686  Standards: Oil-water and organic-water separators.
63.687  Standards: Surface impoundments.
63.688  Standards: Containers.
63.689  Standards: Transfer systems..
63.690  Standards: Process vents.
63.691  Standards: Equipment leaks.
63.692  [Reserved]
63.693  Standards: Closed-vent systems and control devices.
63.694  Testing methods and procedures.
63.695  Inspection and monitoring requirements.
63.696  Recordkeeping requirements.
63.697  Reporting requirements.
63.698  Delegation of Authority.
Table 1 to Subpart DD--List of Hazardous Air Pollutants (HAP) for 
Subpart DD.
Table 2 to Subpart DD--Applciability of paragraphs in 40 CFR Subpart 
A, General Provisions, to Subpart DD.
Table 3 to Subpart DD--Tank Control Levels for Tanks at Existing 
Affected Sources as Required by 40 CFR 63.685(b)(1).
Table 4 to Subpart DD--Tank Control Levels for Tanks at New Affected 
Sources as Required by 40 CFR 63.685(b)(2).

Subpart DD--National Emission Standards for Hazardous Air 
Pollutants from Off-Site Waste and Recovery Operations


Sec. 63.680  Applicability and designation of affected sources.

    (a) The provisions of this subpart apply to the owner and operator 
of a plant site for which both of the conditions specified in 
paragraphs (a)(1) and (a)(2) of this section are applicable. If either 
one of these conditions does not apply to the plant site, then the 
owner and operator of the plant site are not subject to the provisions 
of this subpart.
    (1) The plant site is a major source of hazardous air pollutant 
(HAP) emissions as defined in 40 CFR 63.2.
    (2) At the plant site is located one or more of operations that 
receives off-site materials as specified in paragraph (b) of this 
section and the operations is one of the following waste management 
operations or recovery operations as specified in paragraphs (a)(2)(i) 
through (a)(2)(vi) of this section.
    (i) A waste management operation that receives off-site material 
and the operation is regulated as a hazardous waste treatment, storage, 
and disposal facility (TSDF) under either 40 CFR part 264 or part 265.
    (ii) A waste management operation that treats wastewater which is 
an off-site material and the operation is exempted from regulation as a 
hazardous waste treatment, storage, and disposal facility under 40 CFR 
264.1(g)(6) or 40 CFR 265.1(c)(10).
    (iii) A waste management operation that treats wastewater which is 
an off-site material and the operation meets both of the following 
conditions:
    (A) The operation is subject to regulation under either section 402 
or 307(b) of the Clean Water Act but is not owned by a ``state'' or 
``municipality'' as defined by section 502(3) and 502(4), respectively, 
of the Clean Water Act; and
    (B) The treatment of wastewater received from off-site is the 
predominant activity performed at the plant site.
    (iv) A recovery operation that recycles or reprocesses hazardous 
waste which is an off-site material and the operation is exempted from 
regulation as a hazardous waste treatment, disposal, and storage 
facility under 40 CFR 264.1(g)(2) or 40 CFR 265.1(c)(6).
    (v) A recovery operation that recycles or reprocesses used solvent 
which is an off-site material and the operation is not part of a 
chemical, petroleum, or other manufacturing process that is required to 
use air emission controls by another subpart of 40 CFR part 63.
    (vi) A recovery operation that re-refines or reprocesses used oil 
which is an off-site material and the operation is regulated under 40 
CFR 279 subpart F--Standards for Used Oil Processors and Refiners.
    (b) For the purpose of implementing this subpart, an off-site 
material is a material that meets all of the criteria specified in 
paragraph (b)(1) of this section but is not one of the materials 
specified in paragraph (b)(2) of this section.
    (1) An off-site material is a material that meets all of the 
criteria specified in paragraphs (b)(1)(i) through (b)(1)(iii) of this 
section. If any one of these criteria do not apply to the material, 
then the material is not an off-site material subject to this subpart.
    (i) The material is a waste, used oil, or used solvent as defined 
in Sec. 63.681 of this subpart;
    (ii) The material is not produced or generated within the plant 
site, but the material is delivered, transferred, or otherwise moved to 
the plant site from a location outside the boundaries of the plant 
site; and
    (iii) The material contains one or more of the hazardous air 
pollutants (HAP) listed in Table 1 of this subpart based on the 
composition of the material at the point-of-delivery, as defined in 
Sec. 63.681 of this subpart.
    (2) For the purpose of implementing this subpart, the following 
materials are not off-site materials:
    (i) Household waste as defined in 40 CFR 258.2.
    (ii) Radioactive mixed waste managed in accordance with all 
applicable regulations under Atomic Energy Act and Nuclear Waste Policy 
Act authorities.
    (iii) Waste that is generated as a result of implementing remedial 
activities required under the Resource Conservation and Recovery Act 
(RCRA) corrective action authorities (RCRA sections 3004(u), 3004(v), 
or 3008(h)), Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA) authorities, or similar Federal or State 
authorities.
    (iv) Waste containing HAP that is generated by residential 
households (e.g., old paint, home garden pesticides) and subsequently 
is collected as a community service by government agencies, businesses, 
or other organizations for the purpose of promoting the proper disposal 
of this waste.
    (v) Waste that is generated by or transferred from units complying 
with all applicable regulations under 40 CFR 63 subparts F and G--
National Emission Standards for Organic Hazardous Air Pollutants from 
the Synthetic Organic Chemical Manufacturing Industry.
    (vi) Waste that is generated by or transferred from units complying 
with all applicable requirements specified by Sec. 61.342(b) under 40 
CFR 61 subpart FF--National Emission Standards for Benzene Waste 
Operations for a facility at which the total annual benzene quantity 
from the facility waste is equal to or greater than 10 megagrams per 
year.
    (vii) Ship ballast water pumped from a ship to an onshore 
wastewater treatment facility.
    (c) For the purpose of implementing this subpart, the affected 
sources at a plant site subject to this subpart are as follows:
    (1) Off-site material management units. The affected source is the 
group of tanks, containers, oil-water or organic-water separators, 
surface impoundments, and transfer systems used to manage off-site 
material in each of the waste management operations and recovery 
operations specified in paragraphs (a)(2)(i) through (a)(2)(vi) of this 
section that is located at the plant site.

[[Page 34159]]

    (2) Process vents. The affected source is the group of process 
vents on units used to manage off-site material in each of the waste 
management operations and recovery operations specified in paragraphs 
(a)(2)(i) through (a)(2)(vi) of this section that is located at the 
plant site.
    (3) Equipment leaks. The affected source is the group of equipment 
specified in Sec. 63.683(b)(2)(i) through (b)(2)(iii) of this subpart 
that is used to handle off-site material in each of the waste 
management operations and recovery operations specified in paragraphs 
(a)(2)(i) through (a)(2)(vi) of this section that is located at the 
plant site.
    (d) Owners and operators of plant sites at which are located 
affected sources subject to this subpart are exempted from the 
requirements of Secs. 63.682 through 63.699 of this subpart in 
situations when the total annual quantity of the HAP that is contained 
in the off-site material received at the plant site is less than 1 
megagram per year. This total annual HAP quantity for the off-site 
material shall be based on the total quantity of the HAP listed in 
Table 1 of this subpart as determined at the point-of-delivery for each 
off-site material stream. Documentation shall be prepared by the owner 
or operator and maintained at the plant site to support the initial 
determination of the total annual HAP quantity for the off-site 
material. The owner or operator shall perform a new determination when 
the extent of changes to the quantity or composition of the off-site 
material received at the plant site could cause the total annual HAP 
quantity in the off-site material to the exceed limit of 1 megagram per 
year.
    (e) Compliance dates.
    (1) Existing sources. The owner or operator of an affected source 
that commenced construction or reconstruction before October 13, 1994, 
shall achieve compliance with the provisions of the subpart no later 
than July 1, 1999 unless an extension has been granted by the 
Administrator as provided in 40 CFR 63.6(i).
    (2) New sources. The owner or operator of an affected source for 
which construction or reconstruction commences on or after October 13, 
1994, shall achieve compliance with the provisions of this subpart by 
July 1, 1996 or upon initial startup of operations, whichever date is 
later as provided in 40 CFR 63.6(b). For the purpose of implementing 
this subpart, a waste management operation or recovery operation that 
commenced construction or reconstruction before October 13, 1994, and 
receives off-site material for the first time after July 1, 1999 is a 
new source, and the owner or operator of this affected source shall 
achieve compliance with the provisions of this subpart upon the first 
date that the waste management operation or recovery operation begins 
to manage the off-site material.
    (f) The provisions of 40 CFR part 63, subpart A--General Provisions 
that apply and those that do not apply to this subpart are specified in 
Table 2 of this subpart.


Sec. 63.681  Definitions.

    All terms used in this subpart shall have the meaning given to them 
in this section, 40 CFR 63.2 of this part, and the Act.
    Boiler means an enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator or a process 
heater.
    Closed-vent system means a system that is not open to the 
atmosphere and is composed of hard-piping, ductwork, connections, and, 
if necessary, fans, blowers, or other flow-inducing devices that 
conveys gas or vapor from an emission point to a control device.
    Closure device means a cap, hatch, lid, plug, seal, valve, or other 
type of fitting that prevents or reduces air pollutant emissions to the 
atmosphere by blocking an opening in a cover when the device is secured 
in the closed position. Closure devices include devices that are 
detachable from the cover (e.g., a sampling port cap), manually 
operated (e.g., a hinged access lid or hatch), or automatically 
operated (e.g., a spring-loaded pressure relief valve).
    Container means a portable unit used to hold material. Examples of 
containers include but are not limited to drums, dumpsters, roll-off 
boxes, bulk cargo containers commonly known as ``portable tanks'' or 
``totes'', cargo tank trucks, and tank rail cars.
    Continuous record means documentation of data values measured at 
least once every 15 minutes and recorded at the frequency specified in 
this subpart.
    Continuous recorder means a data recording device that either 
records an instantaneous data value at least once every 15 minutes or 
records 15-minutes or more frequent block averages.
    Continuous seal means a seal that forms a continuous closure that 
completely covers the space between the edge of the floating roof and 
the wall of a tank. A continuous seal may be a vapor-mounted seal, 
liquid-mounted seal, or metallic shoe seal. A continuous seal may be 
constructed of fastened segments so as to form a continuous seal.
    Control device means equipment used for recovering or oxidizing 
organic vapors. Examples of such equipment include but are not limited 
to carbon adsorbers, condensers, vapor incinerators, flares, boilers, 
and process heaters.
    Cover means a device that prevents or reduces air pollutant 
emissions to the atmosphere by forming a continuous barrier over the 
off-site material managed in a unit. A cover may have openings (such as 
access hatches, sampling ports, gauge wells) that are necessary for 
operation, inspection, maintenance, and repair of the unit on which the 
cover is used. A cover may be a separate piece of equipment which can 
be detached and removed from the unit or a cover may be formed by 
structural features permanently integrated into the design of the unit.
    Emission point means an individual tank, surface impoundment, 
container, oil-water or organic-water separator, transfer system, 
process vent, or enclosure.
    Enclosure means a structure that surrounds a tank or container, 
captures organic vapors emitted from the tank or container, and vents 
the captured vapor through a closed vent system to a control device.
    External floating roof means a pontoon-type or double-deck type 
cover that rests on the liquid surface in a tank with no fixed roof.
    Fixed roof means a cover that is mounted on a unit in a stationary 
position and does not move with fluctuations in the level of the liquid 
managed in the unit.
    Flame zone means the portion of the combustion chamber in a boiler 
or process heater occupied by the flame envelope.
    Floating roof means a cover consisting of a double deck, pontoon 
single deck, or internal floating cover which rests upon and is 
supported by the liquid being contained, and is equipped with a 
continuous seal.
    HAP means hazardous air pollutants.
    Hard-piping means pipe or tubing that is manufactured and properly 
installed in accordance with relevant standards and good engineering 
practices.
    Hazardous waste means a waste that is determined to be hazardous 
under the Resource Conservation and Recovery Act (PL 94-580) (RCRA), as 
implemented by 40 CFR parts 260 and 261.
    Individual drain system means a stationary system used to convey 
wastewater streams or residuals to a waste management unit or to 
discharge

[[Page 34160]]

or disposal. The term includes hard-piping, all drains and junction 
boxes, together with their associated sewer lines and other junction 
boxes (e.g., manholes, sumps, and lift stations) conveying wastewater 
streams or residuals. For the purpose of this subpart, an individual 
drain system is not a drain and collection system that is designed and 
operated for the sole purpose of collecting rainfall runoff (e.g., 
stormwater sewer system) and is segregated from all other individual 
drain systems.
    Internal floating roof means a cover that rests or floats on the 
liquid surface (but not necessarily in complete contact with it inside 
a tank that has a fixed roof).
    Light-material service means the container is used to manage an 
off-site material for which both of the following conditions apply: the 
vapor pressure of one or more of the organic constituents in the off-
site material is greater than 0.3 kilopascals (kPa) at 20  deg.C; and 
the total concentration of the pure organic constituents having a vapor 
pressure greater than 0.3 kPa at 20  deg.C is equal to or greater than 
20 percent by weight.
    Liquid-mounted seal means a foam- or liquid-filled continuous seal 
mounted in contact with the liquid in a unit.
    Maximum HAP vapor pressure means the sum of the individual HAP 
equilibrium partial pressure exerted by an off-site material at the 
temperature equal to either: the local maximum monthly average 
temperature as reported by the National Weather Service when the off-
site material is stored or treated at ambient temperature; or the 
highest calendar-month average temperature of the off-site material 
when the off-site material is stored at temperatures above the ambient 
temperature or when the off-site material is stored or treated at 
temperatures below the ambient temperature. For the purpose of this 
subpart, maximum HAP vapor pressure is determined using the procedures 
specified in Sec. 63.694(j) of this subpart.
    Metallic shoe seal means a continuous seal that is constructed of 
metal sheets which are held vertically against the wall of the tank by 
springs, weighted levers, or other mechanisms and is connected to the 
floating roof by braces or other means. A flexible coated fabric 
(envelope) spans the annular space between the metal sheet and the 
floating roof.
    No detectable organic emissions means no escape of organics to the 
atmosphere as determined using the procedure specified in 
Sec. 63.694(k) of this subpart.
    Off-site material means a material that meets all of the criteria 
specified in paragraph Sec. 63.680(b)(1) of this subpart but is not one 
of the materials specified in Sec. 63.680(b)(2) of this subpart.
    Off-site material management unit means a tank, container, surface 
impoundment, oil-water separator, organic-water separator, or transfer 
system used to manage off-site material.
    Off-site material stream means an off-site material produced or 
generated by a particular process or source such that the composition 
and form of the material comprising the stream remain consistent. An 
off-site material stream may be delivered, transferred, or otherwise 
moved to the plant site in a continuous flow of material (e.g., 
wastewater flowing through a pipeline) or in a series of discrete 
batches of material (e.g., a truckload of drums all containing the same 
off-site material or multiple bulk truck loads of an off-site material 
produced by the same process).
    Oil-water separator means a separator as defined for this subpart 
that is used to separate oil from water.
    Operating parameter value means a minimum or maximum value 
established for a control device or treatment process parameter which, 
if achieved by itself or in combination with one or more other 
operating parameter values, determines that an owner or operator has 
complied with an applicable emission limitation or standard.
    Organic-water separator means a separator as defined for this 
subpart that is used to separate organics from water.
    Plant site means all contiguous or adjoining property that is under 
common control including properties that are separated only by a road 
or other public right-of-way. Common control includes properties that 
are owned, leased, or operated by the same entity, parent entity, 
subsidiary, or any combination thereof. A unit or group of units within 
a contiguous property that are not under common control (e.g., a 
wastewater treatment unit or solvent recovery unit located at the site 
but is sold to a different company) is a different plant site.
    Point-of-delivery means the point at the boundary or within the 
plant site where the owner or operator first accepts custody, takes 
possession, or assumes responsibility for the management of an off-site 
material stream managed in a waste management operation or recovery 
operation specified in Sec. 63.680 (a)(2)(i) through (a)(2)(vi) of this 
subpart. The characteristics of an off-site material stream are 
determined prior to combining the off-site material stream with other 
off-site material streams or with any other materials.
    Point-of-treatment means a point where the off-site material to be 
treated in accordance with Sec. 63.683(b)(1)(ii) of this subpart exits 
the treatment process. The characteristics shall be determined before 
this material is conveyed, handled, or otherwise managed in such a 
manner that the material has the potential to volatilize to the 
atmosphere.
    Process heater means an enclosed combustion device that transfers 
heat released by burning fuel directly to process streams or to heat 
transfer liquids other than water.
    Process vent means any open-ended pipe, stack, or duct that allows 
the passage of gases, vapors, or fumes to the atmosphere and this 
passage is caused by mechanical means (such as compressors or vacuum-
producing systems) or by process-related means (such as volatilization 
produced by heating). For the purpose of this subpart, a process vent 
is not a stack or duct used to exhaust combustion products from a 
boiler, furnace, process heater, incinerator, or other combustion 
device.
    Recovery operation means the collection of off-site material 
management units, process vents, and equipment components used at a 
plant site to manage an off-site material stream from the point-of-
delivery through the point where the material has been recycled, 
reprocessed, or re-refined to obtain the intended product or to remove 
the physical and chemical impurities of concern.
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions exclusively to prevent physical damage or permanent 
deformation to a unit or its air emission control equipment by venting 
gases or vapors directly to the atmosphere during unsafe conditions 
resulting from an unplanned, accidental, or emergency event. For the 
purpose of this subpart, a safety device is not used for routine 
venting of gases or vapors from the vapor headspace underneath a cover 
such as during filling of the unit or to adjust the pressure in this 
vapor headspace in response to normal daily diurnal ambient temperature 
fluctuations. A safety device is designed to remain in a closed 
position during normal operations and open only when the internal 
pressure, or another relevant parameter, exceeds the device threshold 
setting applicable to the air emission control equipment as determined 
by the owner or operator based on manufacturer recommendations, 
applicable

[[Page 34161]]

regulations, fire protection and prevention codes, standard engineering 
codes and practices, or other requirements for the safe handling of 
flammable, combustible, explosive, reactive, or hazardous materials.
    Separator means a waste management unit, generally a tank, used to 
separate oil or organics from water. A separator consists of not only 
the separation unit but also the forebay and other separator basins, 
skimmers, weirs, grit chambers, sludge hoppers, and bar screens that 
are located directly after the individual drain system and prior to any 
additional treatment units such as an air flotation unit clarifier or 
biological treatment unit. Examples of a separator include, but are not 
limited to, an API separator, parallel-plate interceptor, and 
corrugated-plate interceptor with the associated ancillary equipment.
    Single-seal system means a floating roof having one continuous 
seal. This seal may be vapor-mounted, liquid-mounted, or a metallic 
shoe seal.
    Surface impoundment means a unit that is a natural topographical 
depression, man-made excavation, or diked area formed primarily of 
earthen materials (although it may be lined with man-made materials), 
which is designed to hold an accumulation of liquids. Examples of 
surface impoundments include holding, storage, settling, and aeration 
pits, ponds, and lagoons.
    Tank means a stationary unit that is constructed primarily of 
nonearthen materials (such as wood, concrete, steel, fiberglass, or 
plastic) which provide structural support and is designed to hold an 
accumulation of liquids or other materials.
    Transfer system means a stationary system for which the predominant 
function is to convey liquids or solid materials from one point to 
another point within a waste management operation or recovery 
operation. For the purpose of this subpart, the conveyance of material 
using a container (as defined for this subpart) or a self-propelled 
vehicle (e.g., a front-end loader) is not a transfer system. Examples 
of a transfer system include but are not limited to a pipeline, an 
individual drain system, a gravity-operated conveyor (such as a chute), 
and a mechanically-powered conveyor (such as a belt or screw conveyor).
    Temperature monitoring device means a piece of equipment used to 
monitor temperature and having an accuracy of <plus-minus>1 percent of 
the temperature being monitored expressed in degrees Celsius ( deg.C) 
or <plus-minus>1.2 degrees  deg.C, whichever value is greater.
    Treatment process means a process in which an off-site material 
stream is physically, chemically, thermally, or biologically treated to 
destroy, degrade, or remove hazardous air pollutants contained in the 
off-site material. A treatment process can be composed of a single unit 
(e.g., a steam stripper) or a series of units (e.g., a wastewater 
treatment system). A treatment process can be used to treat one or more 
off-site material streams at the same time.
    Used oil means any oil refined from crude oil or any synthetic oil 
that has been used and as a result of such use is contaminated by 
physical or chemical impurities. This definition is the same definition 
of ``used oil'' in 40 CFR 279.1.
    Used solvent means a solvent composed of a mixture of aliphatic 
hydrocarbons or a mixture of one and two ring aromatic hydrocarbons 
that has been used and as a result of such use is contaminated by 
physical or chemical impurities.
    Vapor-mounted seal means a continuous seal that is mounted such 
that there is a vapor space between the liquid in the unit and the 
bottom of the seal.
    Volatile organic hazardous air pollutant concentration or VOHAP 
concentration means the fraction by weight of the HAP listed in Table 1 
of this subpart that are contained in an off-site material. For the 
purpose of this subpart, VOHAP concentration is determined in 
accordance with the test methods and procedures specified in 
Sec. 63.694 (b) and (c) of this subpart.
    Waste means a material generated from industrial, commercial, 
mining, or agricultural operations or from community activities that is 
discarded, discharged, or is being accumulated, stored, or physically, 
chemically, thermally, or biologically treated prior to being discarded 
or discharged.
    Waste management operation means the collection of off-site 
material management units, process vents, and equipment components used 
at a plant site to manage an off-site material stream from the point-
of-delivery to the point where the waste exits or is discharged from 
the plant site or the waste is placed for on-site disposal in a unit 
not subject to this subpart (e.g., a waste incinerator, a land disposal 
unit).
    Waste stabilization process means any physical or chemical process 
used to either reduce the mobility of hazardous constituents in a waste 
or eliminate free liquids as determined by Test Method 9095--Paint 
Filter Liquids Test in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition, 
September 1986, as amended by Update I, November 15, 1992. A waste 
stabilization process includes mixing the waste with binders or other 
materials, and curing the resulting waste and binder mixture. Other 
synonymous terms used to refer to this process are ``waste fixation'' 
or ``waste solidification.'' A waste stabilization process does not 
include the adding of absorbent materials to the surface of a waste, 
without mixing, agitation, or subsequent curing, to absorb free liquid.


Sec. 63.682  [Reserved]


Sec. 63.683  Standards: General.

    (a) This section applies to owners and operators of affected 
sources as defined in Sec. 63.680(c) of this subpart.
    (b) The owner or operator shall control the air emissions from each 
affected source in accordance with the following requirements:
    (1) For each off-site material management unit that is part of an 
affected source, the owner or operator shall perform one of the 
following except when the unit is exempted under provisions of 
paragraph (c) of this section:
    (i) Install and operate air emission controls on the off-site 
material management unit in accordance with the standards specified in 
Secs. 63.685 through 63.689 of this subpart, as applicable to the unit;
    (ii) Treat the off-site material to remove or destroy the HAP in 
accordance with the treatment standards specified in Sec. 63.684 of 
this subpart before placing the material in the off-site material 
management unit; or
    (iii) Determine that the average VOHAP concentration of each off-
site material stream managed in the off-site material unit remains at a 
level less than 500 parts per million by weight (ppmw) based on the HAP 
content of the off-site material stream at the point-of-delivery. The 
owner or operator shall perform an initial determination of the average 
VOHAP concentration of each off-site material stream using the 
procedures specified in Sec. 63.694(b) of this subpart before the first 
time any portion of the off-site material stream is placed in the unit. 
Thereafter, the owner or operator shall review and update, as 
necessary, this determination at least once every 12 months following 
the date of the initial determination for the off-site material stream.
    (2) For each process vent that is part of an affected source, the 
owner or operator shall control the HAP emitted from the process vent 
by implementing one of the following control measures.
    (i) Install and operate air emission controls on the process vent 
in accordance with the standards specified in Sec. 63.690 of this 
subpart.

[[Page 34162]]

    (ii) Determine that the average VOHAP concentration of each off-
site material stream managed in the unit on which the process vent is 
used remains at a level less than 500 parts per million by weight 
(ppmw) based on the HAP content of the off-site material stream at the 
point-of-delivery. The owner or operator shall perform an initial 
determination of the average VOHAP concentration of each off-site 
material stream using the procedures specified in Sec. 63.694(b) of 
this subpart before the first time any portion of the off-site material 
stream is placed in the unit. Thereafter, the owner or operator shall 
review and update, as necessary, this determination at least once every 
12 months following the date of the initial determination for the off-
site material stream.
    (3) For each equipment component that is part of an affected source 
and meets all of the criteria specified in paragraphs (b)(3)(i) through 
(b)(3)(iii) of this section, the owner or operator shall control the 
HAP emitted from equipment leaks by implementing control measures in 
accordance with the standards specified in Sec. 63.691 of this subpart.
    (i) The equipment component contains or contacts off-site material 
having a total HAP concentration equal to or greater than 10 percent by 
weight;
    (ii) The equipment piece is a pump, compressor, agitator, pressure 
relief device, sampling connection system, open-ended valve or line, 
valve, connector, or instrumentation system; and
    (iii) The equipment piece is intended to operate 300 hours or more 
during a 12-month period.
    (c) Exempted off-site material management units. An off-site 
material management unit is exempted from the requirements specified in 
paragraph (b) of this section when the unit meets any one of the 
exemptions provided in paragraphs (c)(1) through (c)(5) of this 
section.
    (1) An off-site material management unit is exempted from the 
requirements specified in paragraph (b) of this section if the unit is 
also subject to another subpart under 40 CFR part 61 or 40 CFR part 63, 
and the owner or operator is controlling the HAP listed in Table 1 of 
this subpart that are emitted from the unit in compliance with the 
provisions specified in the other applicable subpart.
    (2) One or more off-site material management units located at a 
plant site can be exempted from the requirements specified in paragraph 
(b) of this section at the discretion of the owner or operator provided 
that the total annual quantity of HAP contained in the off-site 
material placed in the off-site material management units selected by 
the owner or operator to be exempted under this provision is less than 
1 megagram per year. This total annual HAP quantity for the off-site 
material shall be based on the total quantity of the HAP listed in 
Table 1 of this subpart as determined at the point where the off-site 
material is placed in each exempted unit. For the off-site material 
management unit selected by the owner or operator to be exempted from 
the under this provision, the owner or operator shall meet the 
following requirements:
    (i) Documentation shall be prepared by the owner or operator and 
maintained at the plant site to support the initial determination of 
the total annual HAP quantity of the off-site material. This 
documentation shall include identification of each off-site material 
management unit selected by the owner or operator to be exempted under 
paragraph (c)(2) of this section and the basis for determining the HAP 
content of the off-site material. The owner or operator shall perform a 
new determination when the extent of changes to the quantity or 
composition of the off-site material placed in the exempted units could 
cause the total annual HAP content in the off-site material to exceed 1 
megagram per year.
    (ii) Each of the off-site material management units exempted under 
paragraph (c)(2) of this section shall be permanently marked in such a 
manner that it can be readily identified as an exempted unit from the 
other off-site material management units located at the plant site.
    (3) A tank or surface impoundment is exempted from the requirements 
specified in paragraph (b) of this section if the unit is used for a 
biological treatment process that destroys or degrades the HAP 
contained in the material entering the unit, such that either of the 
following conditions is met:
    (i) The HAP reduction efficiency (R) for the process is equal to or 
greater than 95 percent, and the HAP biodegradation efficiency 
(R<INF>bio) for the process is equal to or greater than 95 percent. The 
HAP reduction efficiency (R) shall be determined using the procedure 
specified in Sec. 63.694(g) of this subpart. The HAP biodegradation 
efficiency (R<INF>bio) shall be determined in accordance with the 
requirements of Sec. 63.694(h) of this subpart.
    (ii) The total actual HAP mass removal rate (MR<INF>bio) as 
determined in accordance with the requirements of Sec. 63.694(i) of 
this subpart for the off-site material treated by the process is equal 
to or greater than the required HAP mass removal rate (RMR) as 
determined in accordance with the requirements of Sec. 63.694(e) of 
this subpart.
    (4) An off-site material management unit is exempted from the 
requirements specified in paragraph (b) of this section if the off-site 
material placed in the unit is a hazardous waste that meets the 
numerical concentration limits, applicable to the hazardous waste, as 
specified in 40 CFR part 268--Land Disposal Restrictions under both of 
the following tables:
    (i) Table ``Treatment Standards for Hazardous Waste'' in 40 CFR 
268.40; and
    (ii) Table UTS--``Universal Treatment Standards'' in 40 CFR 268.48.
    (5) A tank used for bulk feed of off-site material to a waste 
incinerator is exempted from the requirements specified in paragraph 
(b) of this section if all of the following conditions are met:
    (i) The tank is located inside an enclosure vented to a control 
device that is designed and operated in accordance with all applicable 
requirements specified under 40 CFR part 61, subpart FF--National 
Emission Standards for Benzene Waste Operations for a facility at which 
the total annual benzene quantity from the facility waste is equal to 
or greater than 10 megagrams per year;
    (ii) The enclosure and control device serving the tank were 
installed and began operation prior to July 1, 1996; and
    (iii) The enclosure is designed and operated in accordance with the 
criteria for a permanent total enclosure as specified in ``Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' under 40 CFR 52.741, Appendix B. The enclosure may have 
permanent or temporary openings to allow worker access; passage of 
material into or out of the enclosure by conveyor, vehicles, or other 
mechanical means; entry of permanent mechanical or electrical 
equipment; or to direct airflow into the enclosure. The owner or 
operator shall perform the verification procedure for the enclosure as 
specified in Section 5.0 to ``Procedure T--Criteria for and 
Verification of a Permanent or Temporary Total Enclosure'' annually.


Sec. 63.684  Standards: Off-Site Material Treatment.

    (a) The provisions of this section apply to the treatment of off-
site material to control air emissions for which Sec. 63.683(b)(1)(ii) 
of this subpart references the requirements of this section for such 
treatment.

[[Page 34163]]

    (b) The owner or operator shall remove or destroy the HAP contained 
in off-site material streams to be managed in the off-site material 
management unit in accordance with Sec. 63.683(b)(1)(ii) of this 
subpart using a treatment process that continuously achieves, under 
normal operations, one of the following performance levels for the 
range of off-site material stream compositions and quantities expected 
to be treated:
    (1) VOHAP concentration. The treatment process shall reduce the 
VOHAP concentration of the off-site material using a means, other than 
by dilution, to achieve one of the following performance levels, as 
applicable:
    (i) In the case when every off-site material stream entering the 
treatment process has an average VOHAP concentration equal to or 
greater than 500 ppmw at the point-of-delivery, then the VOHAP 
concentration of the off-site material shall be reduced to a level that 
is less than 500 ppmw at the point-of-treatment.
    (ii) In the case when the off-site material streams entering the 
treatment process include off-site material streams having average 
VOHAP concentrations less than 500 ppmw at the point-of-delivery, then 
the VOHAP concentration of the off-site material shall be reduced to a 
level at the point-of-treatment that is either:
    (A) Less than the VOHAP concentration limit (C<INF>R) established 
for the treatment process using the procedure specified in 
Sec. 63.694(d) of this subpart; or
    (B) Less than the lowest VOHAP concentration determined for each of 
the off-site material streams entering the treatment process as 
determined by the VOHAP concentration of the off-site material at the 
point-of-delivery.
    (2) HAP mass removal. The treatment process shall achieve a 
performance level such that the total quantity of HAP actually removed 
from the off-site material stream (MR) is equal to or greater than the 
required mass removal (RMR) established for the off-site material 
stream using the procedure specified in Sec. 63.694(e) of this subpart. 
The MR for the off-site material streams shall be determined using the 
procedures specified in Sec. 63.694(f) of this subpart.
    (3) HAP reduction efficiency. The treatment process shall achieve a 
performance level such that the total quantity of HAP in the off-site 
material stream is reduced to one of the following performance levels, 
as applicable:
    (i) In the case when the owner or operator determines that off-site 
material stream entering the treatment process has an average VOHAP 
concentration less than 10,000 ppmw at the point-of-delivery, then the 
treatment process shall achieve a performance level such that the total 
quantity of HAP in the off-site material stream is reduced by 95 
percent or more. The HAP reduction efficiency (R) for the treatment 
process shall be determined using the procedure specified in 
Sec. 63.694(g) of this subpart. The average VOHAP concentration of the 
off-site material stream at the point-of-delivery shall be determined 
using the procedure specified in Sec. 63.694(b) of this subpart.
    (ii) In the case when the off-site material stream entering the 
treatment process has an average VOHAP concentration equal to or 
greater than 10,000 ppmw at the point-of-delivery, then the treatment 
process shall achieve a performance level such that the total quantity 
of HAP in the off-site material stream is reduced by 95 percent or 
more, and the average VOHAP concentration of the off-site material at 
the point-of-treatment is less than 100 parts per million by weight 
(ppmw). The HAP reduction efficiency (R) for the treatment process 
shall be determined using the procedure specified in Sec. 63.694(g) of 
this subpart. The average VOHAP concentration of the off-site material 
stream at the point-of-treatment shall be determined using the 
procedure specified in Sec. 63.694(c) of this subpart.
    (4) Biological degradation. The treatment process shall achieve 
either of the following performance levels:
    (i) The HAP reduction efficiency (R) for the treatment process is 
equal to or greater than 95 percent, and the HAP biodegradation 
efficiency (R<INF>bio) for the treatment process is equal to or greater 
than 95 percent. The HAP reduction efficiency (R) shall be determined 
using the procedure specified in Sec. 63.694(g) of this subpart. The 
HAP biodegradation efficiency (R<INF>bio) shall be determined in 
accordance with the requirements of Sec. 63.694(h) of this subpart.
    (ii) The total quantity of HAP actually removed from the off-site 
material stream by biological degradation (MR<INF>bio) shall be equal 
to or greater than the required mass removal (RMR) established for the 
off-site material stream using the procedure specified in 
Sec. 63.694(e) of this subpart. The MR<INF>bio of the off-site material 
stream shall be determined using the procedures specified in 
Sec. 63.694(i) of this subpart.
    (5) Incineration. The HAP contained in the off-site material stream 
shall be destroyed using one of the following combustion devices:
    (i) An incinerator for which the owner or operator has either:
    (A) Been issued a final permit under 40 CFR part 270, and the 
incinerator is designed and operated in accordance with the 
requirements of 40 CFR 264 subpart O--Incinerators, or
    (B) Has certified compliance with the interim status requirements 
of 40 CFR 265 subpart O--Incinerators.
    (ii) A boiler or industrial furnace for which the owner or operator 
has either:
    (A) Been issued a final permit under 40 CFR part 270, and the 
combustion unit is designed and operated in accordance with the 
requirements of 40 CFR part 266 subpart H--Hazardous Waste Burned in 
Boilers and Industrial Furnaces, or
    (B) Has certified compliance with the interim status requirements 
of 40 CFR part 266 subpart H Hazardous Waste Burned in Boilers and 
Industrial Furnaces.
    (c) For a treatment process that removes the HAP from the off-site 
material by a means other than thermal destruction or biological 
degradation to achieve one of the performances levels specified in 
paragraph (b)(1), (b)(2), or (b)(3) of this section, the owner or 
operator shall manage the HAP removed from the off-site material in 
such a manner to minimize release of these HAP to the atmosphere, to 
the extent practical. Examples of HAP emission control measures that 
meet the requirements of this paragraph include managing the HAP 
removed from the off-site material in units that use air emission 
controls in accordance with the standards specified in Secs. 63.685 
through 63.689 of this subpart, as applicable to the unit.
    (d) When the owner or operator treats the off-site material to meet 
one of the performance levels specified in paragraphs (b)(1) through 
(b)(4) of this section, the owner or operator shall demonstrate that 
the treatment process achieves the selected performance level for the 
range of expected off-site material stream compositions expected to be 
treated. An initial demonstration shall be performed as soon as 
possible but no later than 30 days after first time an owner or 
operator begins using the treatment process to manage off-site material 
streams in accordance with the requirements of Sec. 63.683(b)(1)(ii) of 
this subpart. Thereafter, the owner or operator shall review and 
update, as necessary, this demonstration at least once every 12 months 
following the date of the initial demonstration.
    (e) When the owner or operator treats the off-site material to meet 
one of the performance levels specified in paragraphs (b)(1) through 
(b)(4) of this section, the owner or operator shall ensure that the 
treatment process is

[[Page 34164]]

achieving the applicable performance requirements by continuously 
monitoring the operation of the process when it is used to treat off-
site material:
    (1) A continuous monitoring system shall be installed and operated 
for each treatment that measures operating parameters appropriate for 
the treatment process technology. This system shall include a 
continuous recorder that records the measured values of the selected 
operating parameters. The monitoring equipment shall be installed, 
calibrated, and maintained in accordance with the equipment 
manufacturer's specifications. The continuous recorder shall be a data 
recording device that records either an instantaneous data value at 
least once every 15 minutes or an average value for intervals of 15 
minutes or less.
    (2) For each monitored operating parameter, the owner or operator 
shall establish a minimum operating parameter value or a maximum 
operating parameter value, as appropriate, to define the range of 
conditions at which the treatment process must be operated to 
continuously achieve the applicable performance requirements of this 
section.
    (3) When the treatment process is operating to treat off-site 
material, the owner or operator shall inspect the data recorded by the 
continuous monitoring system on a routine basis and operate the 
treatment process such that the actual value of each monitored 
operating parameter is greater than the minimum operating parameter 
value or less than the maximum operating parameter value, as 
appropriate, established for the treatment process.
    (f) The owner or operator shall maintain records for each treatment 
process in accordance with the requirements of Sec. 63.696 of this 
subpart.
    (g) The owner or operator shall prepare and submit reports for each 
treatment process in accordance with the requirements of Sec. 63.697 of 
this subpart.
    (h) The Administrator may at any time conduct or request that the 
owner or operator conduct testing necessary to demonstrate that a 
treatment process is achieving the applicable performance requirements 
of this section. The testing shall be conducted in accordance with the 
applicable requirements of this section. The Administrator may elect to 
have an authorized representative observe testing conducted by the 
owner or operator.


Sec. 63.685  Standards: Tanks.

    (a) The provisions of this section apply to the control of air 
emissions from tanks for which Sec. 63.683(b)(1)(i) of this subpart 
references the use of this section for such air emission control.
    (b) The owner or operator shall control air emissions from each 
tank subject to this section in accordance with the following 
applicable requirements:
    (1) For a tank that is part of an existing affected source but the 
tank is not used to manage off-site material having a maximum organic 
vapor pressure that is equal to or greater than 76.6 kPa nor is the 
tank used for a waste stabilization process as defined in Sec. 63.681 
of this subpart, the owner or operator shall determine whether the tank 
is required to use either Tank Level 1 controls or Tank Level 2 
controls as specified for the tank by Table 3 of this subpart based on 
the off-site material maximum HAP vapor pressure and the tank's design 
capacity. The owner or operator shall control air emissions from a tank 
required by Table 3 to use Tank Level 1 controls in accordance with the 
requirements of paragraph (c) of this section. The owner or operator 
shall control air emissions from a tank required by Table 3 to use Tank 
Level 2 controls in accordance with the requirements of paragraph (d) 
of this section.
    (2) For a tank that is part of a new affected source but the tank 
is not used to manage off-site material having a maximum organic vapor 
pressure that is equal to or greater than 76.6 kPa nor is the tank used 
for a waste stabilization process as defined in Sec. 63.681 of this 
subpart, the owner or operator shall determine whether the tank is 
required to use either Tank Level 1 controls or Tank Level 2 controls 
as specified for the tank by Table 4 of this subpart based on the off-
site material maximum HAP vapor pressure and the tank's design 
capacity. The owner or operator shall control air emissions from a tank 
required by Table 4 to use Tank Level 1 controls in accordance with the 
requirements of paragraph (c) of this section. The owner or operator 
shall control air emissions from a tank required by Table 4 to use Tank 
Level 2 controls in accordance with the requirements of paragraph (d) 
of this section.
    (3) For a tank that is used for a waste stabilization process, the 
owner or operator shall control air emissions from the tank by using 
Tank Level 2 controls in accordance with the requirements of paragraph 
(d) of this section.
    (4) For a tank that manages off-site material having a maximum 
organic vapor pressure that is equal to or greater than the 76.6 kPa, 
the owner or operator shall control air emissions from the tank by 
venting the tank through a closed-vent system to a control device in 
accordance with the requirements of paragraph (g) of this section.
    (c) Owners and operators controlling air emissions from a tank 
using Tank Level 1 controls shall meet the following requirements:
    (1) The owner or operator shall determine the maximum HAP vapor 
pressure for an off-site material to be managed in the tank using Tank 
Level 1 controls before the first time the off-site material is placed 
in the tank. The maximum HAP vapor pressure shall be determined using 
the procedures specified in Sec. 63.694(j) of this subpart. Thereafter, 
the owner or operator shall perform a new determination whenever 
changes to the off-site material managed in the tank could potentially 
cause the maximum HAP vapor pressure to increase to a level that is 
equal to or greater than the maximum HAP vapor pressure limit for the 
tank design capacity category specified in Table 3 or Table 4 of this 
subpart, as applicable to the tank.
    (2) The owner or operator shall control air emissions from the tank 
using a fixed-roof in accordance with the provisions specified in 40 
CFR 63 subpart OO--National Emission Standards for Tanks--Level 1.
    (d) Owners and operators controlling air emissions from a tank 
using Tank Level 2 controls shall use one of the following tanks:
    (1) A fixed-roof tank equipped with an internal floating roof in 
accordance with the requirements specified in paragraph (e) of this 
section;
    (2) A tank equipped with an external floating roof in accordance 
with the requirements specified in paragraph (f) of this section;
    (3) A tank vented through a closed-vent system to a control device 
in accordance with the requirements specified in paragraph (g) of this 
section;
    (4) A pressure tank designed and operated in accordance with the 
requirements specified in paragraph (h) of this section; or
    (5) A tank located inside an enclosure that is vented through a 
closed-vent system to an enclosed combustion control device in 
accordance with the requirements specified in paragraph (i) of this 
section.
    (e) The owner or operator who elects to control air emissions from 
a tank using a fixed-roof with an internal floating roof shall meet the 
requirements specified in paragraphs (e)(1) through (e)(3) of this 
section.
    (1) The tank shall be equipped with a fixed roof and an internal 
floating roof

[[Page 34165]]

in accordance with the following requirements:
    (i) The internal floating roof shall be designed to float on the 
liquid surface except when the floating roof must be supported by the 
leg supports.
    (ii) The internal floating roof shall be equipped with a continuous 
seal between the wall of the tank and the floating roof edge that meets 
either of the following requirements:
    (A) A single continuous seal that is either a liquid-mounted seal 
or a metallic shoe seal, as defined in Sec. 63.681 of this subpart; or
    (B) Two continuous seals mounted one above the other. The lower 
seal may be a vapor-mounted seal.
    (iii) The internal floating roof shall meet the following 
specifications:
    (A) Each opening in a noncontact internal floating roof except for 
automatic bleeder vents (vacuum breaker vents) and the rim space vents 
is to provide a projection below the liquid surface.
    (B) Each opening in the internal floating roof shall be equipped 
with a gasketed cover or a gasketed lid except for leg sleeves, 
automatic bleeder vents, rim space vents, column wells, ladder wells, 
sample wells, and stub drains.
    (C) Each penetration of the internal floating roof for the purpose 
of sampling shall have a slit fabric cover that covers at least 90 
percent of the opening.
    (D) Each automatic bleeder vent and rim space vent shall be 
gasketed.
    (E) Each penetration of the internal floating roof that allows for 
passage of a ladder shall have a gasketed sliding cover.
    (F) Each penetration of the internal floating roof that allows for 
passage of a column supporting the fixed roof shall have a flexible 
fabric sleeve seal or a gasketed sliding cover.
    (2) The owner or operator shall operate the tank in accordance with 
the following requirements:
    (i) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and 
shall be accomplished as soon as practical.
    (ii) Automatic bleeder vents are to be set closed at all times when 
the roof is floating, except when the roof is being floated off or is 
being landed on the leg supports.
    (iii) Prior to filling the tank, each cover, access hatch, gauge 
float well or lid on any opening in the internal floating roof shall be 
bolted or fastened closed (i.e., no visible gaps). Rim spaces vents are 
to be set to open only when the internal floating roof is not floating 
or when the pressure beneath the rim exceeds the manufacturer's 
recommended setting.
    (3) The owner or operator shall inspect the internal floating roof 
in accordance with the procedures specified in Sec. 63.695(b) of this 
subpart.
    (f) The owner or operator who elects to control tank emissions by 
using an external floating roof shall meet the requirements specified 
in paragraphs (f)(1) through (f)(3) of this section.
    (1) The owner or operator shall design the external floating roof 
in accordance with the following requirements:
    (i) The external floating roof shall be designed to float on the 
liquid surface except when the floating roof must be supported by the 
leg supports.
    (ii) The floating roof shall be equipped with two continuous seals, 
one above the other, between the wall of the tank and the roof edge. 
The lower seal is referred to as the primary seal, and the upper seal 
is referred to as the secondary seal.
    (A) The primary seal shall be a liquid-mounted seal or a metallic 
shoe seal, as defined in Sec. 63.681 of this subpart. The total area of 
the gaps between the tank wall and the primary seal shall not exceed 
212 square centimeters (cm\2\) per meter of tank diameter, and the 
width of any portion of these gaps shall not exceed 3.8 centimeters 
(cm). If a metallic shoe seal is used for the primary seal, the 
metallic shoe seal shall be designed so that one end extends into the 
liquid in the tank and the other end extends a vertical distance of at 
least 61 centimeters above the liquid surface.
    (B) The secondary seal shall be mounted above the primary seal and 
cover the annular space between the floating roof and the wall of the 
tank. The total area of the gaps between the tank wall and the 
secondary seal shall not exceed 21.2 square centimeters (cm\2\) per 
meter of tank diameter, and the width of any portion of these gaps 
shall not exceed 1.3 centimeters (cm).
    (iii) The external floating roof shall be meet the following 
specifications:
    (A) Except for automatic bleeder vents (vacuum breaker vents) and 
rim space vents, each opening in a noncontact external floating roof 
shall provide a projection below the liquid surface.
    (B) Except for automatic bleeder vents, rim space vents, roof 
drains, and leg sleeves, each opening in the roof shall be equipped 
with a gasketed cover, seal, or lid.
    (C) Each access hatch and each gauge float wells shall be equipped 
with covers designed to be bolted or fastened when the cover is secured 
in the closed position.
    (D) Each automatic bleeder vent and each rim space vents shall be 
equipped with a gasket.
    (E) Each roof drain that empties into the liquid managed in the 
tank shall be equipped with a slotted membrane fabric cover that covers 
at least 90 percent of the area of the opening.
    (F) Each unslotted and slotted guide pole well shall be equipped 
with a gasketed sliding cover or a flexible fabric sleeve seal.
    (G) Each unslotted guide pole shall be equipped with a gasketed cap 
on the end of the pole.
    (H) Each slotted guide pole shall be equipped with a gasketed float 
or other device which closes off the surface from the atmosphere.
    (I) Each gauge hatch and each sample well shall be equipped with a 
gasketed cover.
    (2) The owner or operator shall operate the tank in accordance with 
the following requirements:
    (i) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and 
shall be accomplished as soon as practical.
    (ii) Except for automatic bleeder vents, rim space vents, roof 
drains, and leg sleeves, each opening in the roof shall be secured and 
maintained in a closed position at all times except when the closure 
device must be open for access.
    (iii) Covers on each access hatch and each gauge float well shall 
be bolted or fastened when secured in the closed position.
    (iv) Automatic bleeder vents shall be set closed at all times when 
the roof is floating, except when the roof is being floated off or is 
being landed on the leg supports.
    (v) Rim space vents shall be set to open only at those times that 
the roof is being floated off the roof leg supports or when the 
pressure beneath the rim seal exceeds the manufacturer's recommended 
setting.
    (vi) The cap on the end of each unslotted guide pole shall be 
secured in the closed position at all times except when measuring the 
level or collecting samples of the liquid in the tank.
    (vii) The cover on each gauge hatch or sample well shall be secured 
in the closed position at all times except when the hatch or well must 
be opened for access.
    (viii) Both the primary seal and the secondary seal shall 
completely cover the annular space between the external floating roof 
and the wall of the tank in a continuous fashion except during 
inspections.

[[Page 34166]]

    (3) The owner or operator shall inspect the external floating roof 
in accordance with the procedures specified in Sec. 63.695(b) of this 
subpart.
    (g) The owner or operator who controls tank air emissions by 
venting to a control device shall meet the requirements specified in 
paragraphs (g)(1) through (g)(3) of this section.
    (1) The tank shall be covered by a fixed roof and vented directly 
through a closed-vent system to a control device in accordance with the 
following requirements:
    (i) The fixed roof and its closure devices shall be designed to 
form a continuous barrier over the entire surface area of the liquid in 
the tank.
    (ii) Each opening in the fixed roof not vented to the control 
device shall be equipped with a closure device. If the pressure in the 
vapor headspace underneath the fixed roof is less than atmospheric 
pressure when the control device is operating, the closure devices 
shall be designed to operate such that when the closure device is 
secured in the closed position there are no visible cracks, holes, 
gaps, or other open spaces in the closure device or between the 
perimeter of the cover opening and the closure device. If the pressure 
in the vapor headspace underneath the fixed roof is equal to or greater 
than atmospheric pressure when the control device is operating, the 
closure device shall be designed to operate with no detectable organic 
emissions.
    (iii) The fixed roof and its closure devices shall be made of 
suitable materials that will minimize exposure of the off-site material 
to the atmosphere, to the extent practical, and will maintain the 
integrity of the equipment throughout its intended service life. 
Factors to be considered when selecting the materials for and designing 
the fixed roof and closure devices shall include: organic vapor 
permeability, the effects of any contact with the liquid and its vapor 
managed in the tank; the effects of outdoor exposure to wind, moisture, 
and sunlight; and the operating practices used for the tank on which 
the fixed roof is installed.
    (iv) The closed-vent system and control device shall be designed 
and operated in accordance with the requirements of Sec. 63.693 of this 
subpart.
    (2) Whenever an off-site material is in the tank, the fixed roof 
shall be installed with each closure device secured in the closed 
position and the vapor headspace underneath the fixed roof vented to 
the control device except as follows:
    (i) Venting to the control device is not required, and opening of 
closure devices or removal of the fixed roof is allowed at the 
following times:
    (A) To provide access to the tank for performing routine 
inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample liquid in the tank, or when a 
worker needs to open a hatch to maintain or repair equipment. Following 
completion of the activity, the owner or operator shall promptly secure 
the closure device in the closed position or reinstall the cover, as 
applicable, to the tank.
    (B) To remove accumulated sludge or other residues from the bottom 
of separator.
    (ii) Opening of a safety device, as defined in Sec. 63.681 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (3) The owner or operator shall inspect and monitor the air 
emission control equipment in accordance with the procedures specified 
in Sec. 63.695 of this subpart.
    (h) The owner or operator who elects to control tank air emissions 
by using a pressure tank shall meet the following requirements.
    (1) The tank shall be designed not to vent to the atmosphere as a 
result of compression of the vapor headspace in the tank during filling 
of the tank to its design capacity.
    (2) All tank openings shall equipped with closure devices designed 
to operate with no detectable organic emissions as determined using the 
procedure specified in Sec. 63.694(k) of this subpart.
    (3) Whenever an off-site material is in the tank, the tank shall be 
operated as a closed system that does not vent to the atmosphere except 
in the event that opening of a safety device, as defined in Sec. 63.681 
of this subpart, is required to avoid an unsafe condition.
    (i) The owner or operator who elects to control air emissions by 
using an enclosure vented through a closed-vent system to an enclosed 
combustion control device shall meet the requirements specified in 
paragraphs (i)(1) through (i)(4) of this section.
    (1) The tank shall be located inside an enclosure. The enclosure 
shall be designed and operated in accordance with the criteria for a 
permanent total enclosure as specified in ``Procedure T--Criteria for 
and Verification of a Permanent or Temporary Total Enclosure'' under 40 
CFR 52.741, Appendix B. The enclosure may have permanent or temporary 
openings to allow worker access; passage of material into or out of the 
enclosure by conveyor, vehicles, or other mechanical means; entry of 
permanent mechanical or electrical equipment; or to direct airflow into 
the enclosure. The owner or operator shall perform the verification 
procedure for the enclosure as specified in Section 5.0 to ``Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' initially when the enclosure is first installed and, 
thereafter, annually.
    (2) The enclosure shall be vented through a closed-vent system to 
an enclosed combustion control device that is designed and operated in 
accordance with the standards for either a vapor incinerator, boiler, 
or process heater specified in Sec. 63.693 of this subpart.


Sec. 63.686  Standards: Oil-water and organic-water separators.

    (a) The provisions of this section apply to the control of air 
emissions from oil-water separators and organic-water separators for 
which Sec. 63.683(b)(1)(i) of this subpart references the use of this 
section for such air emission control.
    (b) The owner or operator shall control air emissions from the 
separator subject to this section by installing and operating one of 
the following:
    (1) A floating roof in accordance with all applicable provisions 
specified in 40 CFR 63 subpart VV--National Emission Standards for Oil-
Water Separators and Organic-Water Separators. For portions of the 
separator where it is infeasible to install and operate a floating 
roof, such as over a weir mechanism, the owner or operator shall comply 
with the requirements specified in paragraph (b)(2) of this section.
    (2) A fixed-roof that is vented through a closed-vent system to a 
control device in accordance with all applicable provisions specified 
in 40 CFR 63 subpart VV--National Emission Standards for Oil-Water 
Separators and Organic-Water Separators.


Sec. 63.687  Standards: Surface impoundments.

    (a) The provisions of this section apply to the control of air 
emissions from surface impoundments for which Sec. 63.683(b)(1)(i) of 
this subpart references the use of this section for such air emission 
control.
    (b) The owner or operator shall control air emissions from each 
surface impoundment subject to this section by installing and operating 
one of the following, as relevant to the surface impoundment design and 
operation:
    (1) A floating membrane cover in accordance with the applicable 
provisions specified in 40 CFR 63 subpart QQ--National Emission 
Standards for Surface Impoundments; or
    (2) A cover that is vented through a closed-vent system to a 
control device in accordance with all applicable

[[Page 34167]]

provisions specified in 40 CFR 63 subpart QQ--National Emission 
Standards for Surface Impoundments.


Sec. 63.688  Standards: Containers.

    (a) The provisions of this section apply to the control of air 
emissions from containers for which Sec. 63.683(b)(1)(i) of this 
subpart references the use of this section for such air emission 
control.
    (b) The owner or operator shall control air emissions from each 
container subject to this section in accordance with the following 
requirements, as applicable to the container, except when the special 
provisions for waste stabilization processes specified in paragraph (c) 
of this section apply to the container.
    (1) For a container having a design capacity greater than 0.1 
m<SUP>3 and less than or equal to 0.46 m<SUP>3, the owner or operator 
shall control air emissions from the container in accordance with the 
standards for Container Level 1 controls as specified in 40 CFR 63 
subpart PP--National Emission Standards for Containers.
    (2) For a container having a design capacity greater than 0.46 
m<SUP>3 and the container is not in light-material service as defined 
in Sec. 63.681 of this subpart, the owner or operator shall control air 
emissions from the container in accordance with the standards for 
Container Level 1 controls as specified in 40 CFR 63 subpart PP--
National Emission Standards for Containers.
    (3) For a container having a design capacity greater than 0.46 
m<SUP>3 and the container is in light-material service as defined in 
Sec. 63.681 of this subpart, the owner or operator shall control air 
emissions from the container in accordance with the standards for 
Container Level 2 controls as specified in 40 CFR 63 subpart PP--
National Emission Standards for Containers.
    (c) When a container subject to this subpart and having a design 
capacity greater than 0.1 m<SUP>3 is used for treatment of an off-site 
material by a waste stabilization process as defined in Sec. 63.681 of 
this subpart, the owner or operator shall control air emissions from 
the container at those times during the process when the off-site 
material in container is exposed to the atmosphere in accordance with 
the standards for Container Level 3 controls as specified in 40 CFR 63 
subpart PP--National Emission Standards for Containers.


Sec. 63.689  Standards: Transfer systems.

    (a) The provisions of this section apply to the control of air 
emissions from transfer systems for which Sec. 63.683(b)(1)(i) of this 
subpart references the use of this section for such air emission 
control.
    (b) For each transfer system that is subject to this section and is 
an individual drain system, the owner or operator shall control air 
emissions from in accordance with the standards specified in 40 CFR 63 
subpart RR--National Emission Standards for Individual Drain Systems.
    (c) For each transfer system that is subject to this section but is 
not an individual drain system, the owner or operator shall control air 
emissions by installing and operating one of the following:
    (1) A transfer system that uses covers in accordance with the 
requirements specified in paragraph (d) of this section.
    (2) A transfer system that consists of continuous hard-piping. All 
joints or seams between the pipe sections shall be permanently or semi-
permanently sealed (e.g., a welded joint between two sections of metal 
pipe or a bolted and gasketed flange).
    (3) A transfer system that is enclosed and vented through a closed 
vent system to a control device in accordance with the following 
requirements:
    (i) The transfer system is designed and operated such that an 
internal pressure in the vapor headspace in the system is maintained at 
a level less than atmospheric pressure when the control device is 
operating, and
    (ii) The closed vent system and control device are designed and 
operated in accordance with the requirements of Sec. 63.693 of this 
subpart.
    (d) Owners and operators controlling air emissions from a transfer 
system using covers in accordance with the provisions of paragraph 
(c)(1) of this section shall meet the following requirements:
    (1) The cover and its closure devices shall be designed to form a 
continuous barrier over the entire surface area of the off-site 
material as it is conveyed by the transfer system except for the 
openings at the inlet and outlet to the transfer system through which 
the off-site material passes. The inlet and outlet openings used for 
passage of the off-site material through the transfer system shall be 
the minimum size required for practical operation of the transfer 
system.
    (2) The cover shall be installed in a manner such that there are no 
visible cracks, holes, gaps, or other open spaces between cover section 
joints or between the interface of the cover edge and its mounting.
    (3) Except for the inlet and outlet openings to the transfer system 
through which the off-site material passes, each opening in the cover 
shall be equipped with a closure device designed to operate such that 
when the closure device is secured in the closed position there are no 
visible cracks, holes, gaps, or other open spaces in the closure device 
or between the perimeter of the opening and the closure device.
    (4) The cover and its closure devices shall be made of suitable 
materials that will minimize exposure of the off-site material to the 
atmosphere, to the extent practical, and will maintain the integrity of 
the equipment throughout its intended service life. Factors to be 
considered when selecting the materials for and designing the cover and 
closure devices shall include: organic vapor permeability; the effects 
of any contact with the material or its vapors conveyed in the transfer 
system; the effects of outdoor exposure to wind, moisture, and 
sunlight; and the operating practices used for the transfer system on 
which the cover is installed.
    (5) Whenever an off-site material is in the transfer system, the 
cover shall be installed with each closure device secured in the closed 
position except as follows:
    (i) Opening of closure devices or removal of the cover is allowed 
to provide access to the transfer system for performing routine 
inspection, maintenance, repair, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a hatch or remove the cover to repair conveyance 
equipment mounted under the cover or to clear a blockage of material 
inside the system. Following completion of the activity, the owner or 
operator shall promptly secure the closure device in the closed 
position or reinstall the cover, as applicable.
    (ii) Opening of a safety device, as defined in Sec. 63.681 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (6) The owner or operator shall inspect the air emission control 
equipment in accordance with the requirements specified in Sec. 63.695 
of this subpart.


Sec. 63.690  Standards: Process vents.

    (a) The provisions of this section apply to the control of air 
emissions from process vents for which Sec. 63.683(b)(2)(i) of this 
subpart references the use of this section for such air emission 
control.
    (b) The owner or operator shall control HAP emitted from the 
process vent within the affected source by connecting each process vent 
through a closed-vent system to a control device that is designed and 
operated in

[[Page 34168]]

accordance with the standards specified in Sec. 63.693 of this subpart 
with the following exceptions.
    (1) Each individual control device used to comply with the 
requirements of this section is not required to meet the level of 
performance, as applicable to the particular control technology used, 
specified in Secs. 63.693 (d)(1), (e)(1), (f)(1)(i), and (g)(1)(i) of 
this subpart provided that these control devices are designed and 
operated to achieve a total reduction of 95 weight percent or more in 
the quantity of HAP, listed in Table 1 of this subpart, that is emitted 
from all process vents within the affected source.
    (2) For the purpose of complying with this section, a device for 
which the predominate function is the recovery or capture of solvents 
or other organics for use, reuse, or sale (e.g., a primary condenser or 
a solvent recovery unit) is not a control device.


Sec. 63.691  Standards: Equipment leaks.

    (a) The provisions of this section apply to the control of air 
emissions from equipment leaks for which Sec. 63.683(b)(3) of this 
subpart references the use of this section for such air emission 
control.
    (b) The owner or operator shall control the HAP emitted from 
equipment leaks in accordance with the applicable provisions of either:
    (1) Section 61.242 through Sec. 61.247 in 40 CFR Part 61 subpart 
V--National Emission Standards for Equipment Leaks; or
    (2) Section 63.162 through Sec. 63.182 in 40 CFR Part 63 subpart 
H--National Emission Standards for Organic Hazardous Air Pollutants 
from Equipment Leaks.


Sec. 63.692  [Reserved]


Sec. 63.693  Standards: Closed-vent systems and control devices.

    (a) The provisions of this section apply to closed-vent systems and 
control devices used to control air emissions for which another 
standard references the use of this section for such air emission 
control.
    (b) For each closed-vent system and control device used to comply 
with this section, the owner or operator shall meet the following 
requirements:
    (1) The closed-vent system shall be designed and operated in 
accordance with the requirements specified in paragraph (c) of this 
section.
    (2) The control device shall remove, recover, or destroy HAP at a 
level of performance that achieves the requirements applicable to the 
particular control device technology as specified in paragraphs (d) 
through (h) of this section. The owner or operator shall demonstrate 
that the control device achieves the applicable performance 
requirements by either conducting a performance test or preparing a 
design analysis for the control device in accordance with the 
requirements specified in this section.
    (3) Whenever gases or vapors containing HAP are vented through a 
closed-vent system connected to a control device used to comply with 
this section, the control device shall be operating except at the 
following times:
    (i) The control device may be bypassed for the purpose of 
performing planned routine maintenance of the closed vent system or 
control device in situations when the routine maintenance cannot be 
performed during periods that the emission point vented to the control 
device is shutdown. On an annual basis, the total time that the closed-
vent system or control device is bypassed to perform routine 
maintenance shall not exceed 240 hours per each 12 month period.
    (ii) The control device may be bypassed for the purpose of 
correcting a malfunction of the closed vent system or control device. 
The owner or operator shall perform the adjustments or repairs 
necessary to correct the malfunction as soon as practicable after the 
malfunction is detected.
    (4) The owner or operator shall ensure that the control device is 
achieving the performance requirements specified in paragraph (b)(2) of 
this section by continuously monitoring the operation of the control 
device as follows:
    (i) A continuous monitoring system shall be installed and operated 
for each control device that measures operating parameters appropriate 
for the control device technology as specified in paragraphs (d) 
through (h) of this section. This system shall include a continuous 
recorder that records the measured values of the selected operating 
parameters. The monitoring equipment shall be installed, calibrated, 
and maintained in accordance with the equipment manufacturer's 
specifications. The continuous recorder shall be a data recording 
device that records either an instantaneous data value at least once 
every 15 minutes or an average value for intervals of 15-minutes or 
less.
    (ii) For each monitored operating parameter, the owner or operator 
shall establish a minimum operating parameter value or a maximum 
operating parameter value, as appropriate, to define the range of 
conditions at which the control device must be operated to continuously 
achieve the applicable performance requirements of this section. Each 
minimum or maximum operating parameter value shall be established as 
follows:
    (A) If the owner or operator conducts a performance test to 
demonstrate control device performance, then the minimum or maximum 
operating parameter value shall be established based on values measured 
during the performance test and supplemented, as necessary, by control 
device design analysis and manufacturer recommendations.
    (B) If the owner or operator uses a control device design analysis 
to demonstrate control device performance, then the minimum or maximum 
operating parameter value shall be established based on the control 
device design analysis and the control device manufacturer's 
recommendations.
    (C) When the control device is required to be operating in 
accordance with the provisions of paragraph (b)(3) of this section, the 
owner or operator shall inspect the data recorded by the continuous 
monitoring system on a routine basis and operate the control device 
such that the actual value of each monitored operating parameter is 
greater than the minimum operating parameter value or less than the 
maximum operating parameter value, as appropriate, established for the 
control device.
    (5) The owner or operator shall inspect and monitor the closed-vent 
system in accordance with the requirements of Sec. 63.695(c) of this 
subpart.
    (6) The owner or operator shall maintain records for each closed-
vent system and control device in accordance with the requirements of 
Sec. 63.696 of this subpart.
    (7) The owner or operator shall prepare and submit reports for each 
closed-vent system and control device in accordance with the 
requirements of Sec. 63.697 of this subpart.
    (8) The Administrator may at any time conduct or request that the 
owner or operator conduct a performance test to demonstrate that a 
closed-vent system and control device achieves the applicable 
performance requirements of this section. The performance test shall be 
conducted in accordance with the requirements of Sec. 63.694(l) of this 
subpart. The Administrator may elect to have an authorized 
representative observe a performance test conducted by the owner or 
operator. Should the results of this performance test not agree with 
the determination of control device performance based on a design 
analysis, then the results of the performance test

[[Page 34169]]

shall be used to establish compliance with this section.
    (c) Closed-vent system requirements.
    (1) The vent stream required to be controlled shall be conveyed to 
the control device by either of the following closed-vent systems:
    (i) A closed-vent system that is designed to operate with no 
detectable organic emissions using the procedure specified in 
Sec. 63.694(k) of this subpart; or
    (ii) A closed-vent system that is designed to operate at a pressure 
below atmospheric pressure. The system shall be equipped with at least 
one pressure gage or other pressure measurement device that can be read 
from a readily accessible location to verify that negative pressure is 
being maintained in the closed-vent system when the control device is 
operating.
    (2) In situations when the closed-vent system includes bypass 
devices that could be used to divert the gas or vapor stream to the 
atmosphere before entering the control device, each bypass device shall 
be equipped with either a flow indicator as specified in paragraph 
(c)(2)(i) or a seal or locking device as specified in paragraph 
(c)(2)(ii) of this section. For the purpose of complying with this 
paragraph, low leg drains, high point bleeds, analyzer vents, open-
ended valves or lines, spring-loaded pressure relief valves, and other 
fittings used for safety purposes are not considered to be bypass 
devices.
    (i) If a flow indicator is used to comply with paragraph (c)(2) of 
this section, the indicator shall be installed at the inlet to the 
bypass line used to divert gases and vapors from the closed-vent system 
to the atmosphere at a point upstream of the control device inlet. For 
this paragraph, a flow indicator means a device which indicates either 
the presence of gas or vapor flow in the bypass line.
    (ii) If a seal or locking device is used to comply with paragraph 
(c)(2) of this section, the device shall be placed on the mechanism by 
which the bypass device position is controlled (e.g., valve handle, 
damper lever) when the bypass device is in the closed position such 
that the bypass device cannot be opened without breaking the seal or 
removing the lock. Examples of such devices include, but are not 
limited to, a car-seal or a lock-and-key configuration valve. The owner 
or operator shall visually inspect the seal or closure mechanism at 
least once every month to verify that the bypass mechanism is 
maintained in the closed position.
    (d) Carbon adsorption control device requirements.
    (1) The carbon adsorption system shall be designed and operated to 
achieve one of the following performance specifications:
    (i) Recover 95 percent or more, on a weight-basis, of the total 
organic compounds (TOC), less methane and ethane, contained in the vent 
stream entering the carbon adsorption system; or
    (ii) Recover 95 percent or more, on a weight-basis, of the total 
HAP listed in Table 1 of this subpart contained in the vent stream 
entering the carbon adsorption system.
    (2) The owner or operator shall demonstrate that the carbon 
adsorption system achieves the performance requirements of paragraph 
(d)(1) of this section by one of the following methods:
    (i) Conduct a performance test in accordance with the requirements 
of Sec. 63.694(l) of this subpart.
    (ii) Prepare a design analysis. This analysis shall address the 
vent stream characteristics and control device operating parameters for 
the applicable carbon adsorption system type as follows:
    (A) For a regenerable carbon adsorption system, the design analysis 
shall address the vent stream composition, constituent concentrations, 
flow rate, relative humidity, and temperature and shall establish the 
design exhaust vent stream organic compound concentration, adsorption 
cycle time, number and capacity of carbon beds, type and working 
capacity of activated carbon used for carbon beds, design total 
regeneration steam flow over the period of each complete carbon bed 
regeneration cycle, design carbon bed temperature after regeneration, 
design carbon bed regeneration time, and design service life of the 
carbon.
    (B) For a nonregenerable carbon adsorption system (e.g., a carbon 
canister), the design analysis shall address the vent stream 
composition, constituent concentrations, flow rate, relative humidity, 
and temperature and shall establish the design exhaust vent stream 
organic compound concentration, carbon bed capacity, activated carbon 
type and working capacity, and design carbon replacement interval based 
on the total carbon working capacity of the control device and emission 
point operating schedule.
    (3) To meet the monitoring requirements of paragraph (b)(4) of this 
section, the owner or operator shall use one of the following 
continuous monitoring systems:
    (i) For a regenerative-type carbon adsorption system, an 
integrating regeneration stream flow monitoring device equipped with a 
continuous recorder and a carbon bed temperature monitoring device for 
each adsorber vessel equipped with a continuous recorder. The 
integrating regeneration stream flow monitoring device shall have an 
accuracy of <plus-minus>10 percent and measure the total regeneration 
stream mass flow during the carbon bed regeneration cycle. The 
temperature monitoring device shall measure the carbon bed temperature 
after regeneration and within 15 minutes of completing the cooling 
cycle and the duration of the carbon bed steaming cycle.
    (ii) A continuous monitoring system that measures the concentration 
level of organic compounds in the exhaust vent stream from the control 
device using an organic monitoring device equipped with a continuous 
recorder.
    (iii) A continuous monitoring system that measures other 
alternative operating parameters upon approval of the Administrator as 
specified in 40 CFR 63.8 (f)(1) through (f)(5) of this part.
    (4) The owner or operator shall manage the carbon used for the 
carbon adsorption system, as follows:
    (i) Following the initial startup of the control device, all carbon 
in the control device shall be replaced with fresh carbon on a regular, 
predetermined time interval that is no longer than the carbon service 
life established for the carbon adsorption system.
    (ii) The spent carbon removed from the carbon adsorption system 
shall be managed in one of the following ways:
    (A) Regenerated or reactivated in a thermal treatment unit that is 
designed and operated in accordance with the requirements of 40 CFR 264 
subpart X and is permitted under 40 CFR part 270 of this chapter, or 
certified to be in compliance with the interim status requirements of 
40 CFR 265 subpart P of this chapter.
    (B) Burned in a hazardous waste incinerator that is designed and 
operated in accordance with the requirements of 40 CFR 264 subpart O 
and is permitted under 40 CFR part 270 of this chapter, or certified to 
be in compliance with the interim status requirements of 40 CFR part 
265 subpart O.
    (C) Burned in a boiler or industrial furnace that is designed and 
operated in accordance with the requirements of 40 CFR 266 subpart H 
and is permitted under 40 CFR part 270 of this chapter, or certified to 
be in compliance with the interim status requirements of 40 CFR part 
266 subpart H of this chapter.
    (e) Condenser control device requirements.

[[Page 34170]]

    (1) The condenser shall be designed and operated to achieve one of 
the following performance specifications:
    (i) Recover 95 percent or more, on a weight-basis, of the total 
organic compounds (TOC), less methane and ethane, contained in the vent 
stream entering the condenser; or
    (ii) Recover 95 percent or more, on a weight-basis, of the total 
HAP, listed in Table 1 of this subpart, contained in the vent stream 
entering the condenser.
    (2) The owner or operator shall demonstrate that the condenser 
achieves the performance requirements of paragraph (e)(1) of this 
section by one of the following methods:
    (i) Conduct performance tests in accordance with the requirements 
of Sec. 63.694(l) of this subpart.
    (ii) Prepare a design analysis. This design analysis shall address 
the vent stream composition, constituent concentrations, flow rate, 
relative humidity, and temperature and shall establish the design 
outlet organic compound concentration level, design average temperature 
of the condenser exhaust vent stream, and the design average 
temperatures of the coolant fluid at the condenser inlet and outlet.
    (3) To meet the continuous monitoring requirements of paragraph 
(b)(3)(ii) of this section, the owner or operator shall use one of the 
following continuous monitoring systems:
    (i) A temperature monitoring device equipped with a continuous 
recorder. The temperature sensor shall be installed at a location in 
the exhaust vent stream from the condenser.
    (ii) A continuous monitoring system that measures the concentration 
level of organic compounds in the exhaust vent stream from the control 
device using an organic monitoring device equipped with a continuous 
recorder.
    (iii) A continuous monitoring system that measures other 
alternative operating parameters upon approval of the Administrator as 
specified in 40 CFR 63.8 (f)(1) through (f)(5) of this part.
    (f) Vapor incinerator control device requirements.
    (1) The vapor incinerator shall be designed and operated to achieve 
one of the following performance specifications:
    (i) Destroy the total organic compounds (TOC), less methane and 
ethane, contained in the vent stream entering the vapor incinerator 
either:
    (A) By 95 percent or more, on a weight-basis, or
    (B) To achieve a total incinerator outlet concentration for the 
TOC, less methane and ethane, of less than or equal to 20 parts per 
million by volume (ppmv) on a dry basis corrected to 3 percent oxygen.
    (ii) Destroy the HAP listed in Table 1 of this subpart contained in 
the vent stream entering the vapor incinerator either:
    (A) By 95 percent or more, on a total HAP weight-basis, or
    (B) To achieve a total incinerator outlet concentration for the 
HAP, listed in table 1 of this subpart, of less than or equal to 20 
parts per million by volume (ppmv) on a dry basis corrected to 3 
percent oxygen.
    (iii) Maintain the conditions in the vapor incinerator combustion 
chamber at a residence time of 0.5 seconds or longer and at a 
temperature of 760 deg.C or higher.
    (2) The owner or operator shall demonstrate that the vapor 
incinerator achieves the performance requirements of paragraph (f)(1) 
of this section by one of the following methods:
    (i) Conduct performance tests in accordance with the requirements 
of Sec. 63.694(l) of this subpart; or
    (ii) Prepare a design analysis. The design analysis shall include 
analysis of the vent stream characteristics and control device 
operating parameters for the applicable vapor incinerator type as 
follows:
    (A) For a thermal vapor incinerator, the design analysis shall 
address the vent stream composition, constituent concentrations, and 
flow rate and shall establish the design minimum and average 
temperatures in the combustion chamber and the combustion chamber 
residence time.
    (B) For a catalytic vapor incinerator, the design analysis shall 
address the vent stream composition, constituent concentrations, and 
flow rate and shall establish the design minimum and average 
temperatures across the catalyst bed inlet and outlet, and the design 
service life of the catalyst.
    (3) To meet the monitoring requirements of paragraph (b)(4) of this 
section, the owner or operator shall use one of the following 
continuous monitoring systems, as applicable:
    (i) For a thermal vapor incinerator, a temperature monitoring 
device equipped with a continuous recorder. The temperature sensor 
shall be installed at a location in the combustion chamber downstream 
of the combustion zone.
    (ii) For a catalytic vapor incinerator, a temperature monitoring 
device capable of monitoring temperature at two locations equipped with 
a continuous recorder. One temperature sensor shall be installed in the 
vent stream at the nearest feasible point to the catalyst bed inlet and 
a second temperature sensor shall be installed in the vent stream at 
the nearest feasible point to the catalyst bed outlet.
    (iii) For either type of vapor incinerator, a continuous monitoring 
system that measures the concentration level of organic compounds in 
the exhaust vent stream from the control device using an organic 
monitoring device equipped with a continuous recorder.
    (iv) For either type of vapor incinerator, a continuous monitoring 
system that measures alternative operating parameters other than those 
specified in paragraphs (f)(3)(i) or (f)(3)(ii) of this section upon 
approval of the Administrator as specified in 40 CFR 63.8 (f)(1) 
through (f)(5) of this part.
    (g) Boilers and process heaters control device requirements.
    (1) The boiler or process heater shall be designed and operated to 
achieve one of the following performance specifications:
    (i) Destroy the total organic compounds (TOC), less methane and 
ethane, contained in the vent stream introduced into the flame zone of 
the boiler or process heater either:
    (A) By 95 percent or more, on a weight-basis, or
    (B) To achieve in the exhausted combustion gases a total 
concentration for the TOC, less methane and ethane, of less than or 
equal to 20 parts per million by volume (ppmv) on a dry basis corrected 
to 3 percent oxygen.
    (ii) Destroy the HAP listed in Table 1 of this subpart contained in 
the vent stream entering the vapor incinerator either:
    (A) By 95 percent or more, on a total HAP weight-basis, or
    (B) To achieve in the exhausted combustion gases a total 
concentration for the HAP, listed in table 1 of the subpart, of less 
than or equal to 20 parts per million by volume (ppmv) on a dry basis 
corrected to 3 percent oxygen.
    (iii) Introduce the vent stream into the flame zone of the boiler 
or process heater and maintain the conditions in the combustion chamber 
at a residence time of 0.5 seconds or longer and at a temperature of 
760 deg.C or higher.
    (iv) Introduce the vent stream with the fuel that provides the 
predominate heat input to the boiler or process heater (i.e., the 
primary fuel); or
    (v) Introduce the vent stream to a boiler or process heater for 
which the owner or operator either has been issued a final permit under 
40 CFR part 270 and complies with the requirements of 40 CFR part 266 
subpart H of this chapter; or has certified compliance with the interim 
status requirements of

[[Page 34171]]

40 CFR part 266 subpart H of this chapter.
    (2) The owner or operator shall demonstrate that the boiler or 
process heater achieves the performance requirements of paragraph 
(g)(1)(i), (g)(1)(ii), or (g)(1)(iii) of this section using one of the 
following methods:
    (i) Conduct performance tests in accordance with the requirements 
of Sec. 63.694(l) of this subpart.
    (ii) Prepare a design analysis. The design analysis shall address 
the vent stream composition, constituent concentrations, and flow rate; 
shall establish the design minimum and average flame zone temperatures 
and combustion zone residence time; and shall describe the method and 
location where the vent stream is introduced into the flame zone.
    (3) The owner or operator shall demonstrate that the boiler or 
process heater achieves the performance requirements of paragraph 
(g)(1)(iv) or (g)(1)(v) of this section by keeping records that 
document that the boiler or process heater is designed and operated in 
accordance with the applicable requirements of this section.
    (4) To meet the monitoring requirements of paragraph (b)(4) of this 
section, the owner or operator shall use any of the following 
continuous monitoring systems:
    (i) A temperature monitoring device equipped with a continuous 
recorder. The temperature sensor shall be installed at a location in 
the combustion chamber downstream of the flame zone.
    (ii) A continuous monitoring system that measures the concentration 
level of organic compounds in the exhaust vent stream from the control 
device using an organic monitoring device equipped with a continuous 
recorder.
    (iii) A continuous monitoring system that measures alternative 
operating parameters other than those specified in paragraphs (g)(3)(i) 
or (g)(3)(ii) of this section upon approval of the Administrator as 
specified in 40 CFR 63.8 (f)(1) through (f)(5) of this part.
    (h) Flare control device requirements. The flare shall be designed 
and operated in accordance with the requirements of 40 CFR 63.11(b). To 
meet the monitoring requirements of paragraph (b)(4) of this section, 
the owner or operator shall use a heat sensing monitoring device 
equipped with a continuous recorder that indicates the continuous 
ignition of the pilot flame.


Sec. 63.694  Testing methods and procedures.

    (a) This section specifies the testing methods and procedures 
required for this subpart to perform the following:
    (1) To determine the average VOHAP concentration for off-site 
material streams at the point-of-delivery for compliance with standards 
specified Sec. 63.683 of this subpart, the testing methods and 
procedures are specified in paragraph (b) of this section.
    (2) To determine the average VOHAP concentration for treated off-
site material streams at the point-of-treatment for compliance with 
standards specified Sec. 63.684 of this subpart, the testing methods 
and procedures are specified in paragraph (c) of this section.
    (3) To determine the treatment process VOHAP concentration limit 
(C<INF>R) for compliance with standards specified Sec. 63.684 of this 
subpart, the testing methods and procedures are specified in paragraph 
(d) of this section.
    (4) To determine treatment process required HAP removal rate (RMR) 
for compliance with standards specified Sec. 63.684 of this subpart, 
the testing methods and procedures are specified in paragraph (e) of 
this section.
    (5) To determine treatment process actual HAP removal rate (MR) for 
compliance with standards specified Sec. 63.684 of this subpart, the 
testing methods and procedures are specified in paragraph (f) of this 
section.
    (6) To determine treatment process required HAP reduction 
efficiency (R) for compliance with standards specified in Sec. 63.684 
of this subpart, the testing methods and procedures are specified in 
paragraph (g) of this section.
    (7) To determine treatment process required HAP biodegradation 
efficiency (R<INF>bio) for compliance with standards specified in 
Sec. 63.684 of this subpart, the testing methods and procedures are 
specified in paragraph (h) of this section.
    (8) To determine treatment process required actual HAP mass removal 
rate (MR<INF>bio) for compliance with standards specified inSec. 63.684 
of this subpart, the testing methods and procedures are specified in 
paragraph (i) of this section.
    (9) To determine maximum organic HAP vapor pressure of off-site 
materials in tanks for compliance with the standards specified in 
Sec. 63.685 of this subpart, the testing methods and procedures are 
specified in paragraph (j) of this section.
    (10) To determine no detectable organic emissions, the testing 
methods and procedures are specified in paragraph (k) of this section.
    (11) To determine closed-vent system and control device performance 
for compliance with the standards specified in Sec. 63.693 of this 
subpart, the testing methods and procedures are specified in paragraph 
(l) of this section.
    (b) Testing methods and procedures to determine average VOHAP 
concentration of an off-site material stream at the point-of-delivery.
    (1) The average VOHAP concentration of an off-site material at the 
point-of-delivery shall be determined using either direct measurement 
as specified in paragraph (b)(2) of this section or by knowledge as 
specified in paragraph (b)(3) of this section.
    (2) Direct measurement to determine VOHAP concentration.
    (i) Sampling. Samples of the off-site material stream shall be 
collected from the container, pipeline, or other device used to deliver 
the off-site material stream to the plant site in a manner such that 
volatilization of organics contained in the sample is minimized and an 
adequately representative sample is collected and maintained for 
analysis by the selected method.
    (A) The averaging period to be used for determining the average 
VOHAP concentration for the off-site material stream on a mass-weighted 
average basis shall be designated and recorded. The averaging period 
can represent any time interval that the owner or operator determines 
is appropriate for the off-site material stream but shall not exceed 1 
year.
    (B) A sufficient number of samples, but no less than four samples, 
shall be collected to represent the complete range of HAP compositions 
and HAP quantities that occur in the off-site material stream during 
the entire averaging period due to normal variations in the operating 
conditions for the source or process generating the off-site material 
stream. Examples of such normal variations are seasonal variations in 
off-site material quantity or fluctuations in ambient temperature.
    (C) All samples shall be collected and handled in accordance with 
written procedures prepared by the owner or operator and documented in 
a site sampling plan. This plan shall describe the procedure by which 
representative samples of the off-site material stream are collected 
such that a minimum loss of organics occurs throughout the sample 
collection and handling process and by which sample integrity is 
maintained. A copy of the written sampling plan shall be maintained on-
site in the plant site operating records. An example of an acceptable 
sampling plan includes a plan incorporating sample collection and 
handling procedures in accordance with the requirements specified in 
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' 
EPA Publication No. SW-846 or Method 25D in 40 CFR part 60, appendix A.

[[Page 34172]]

    (ii) Analysis. Each collected sample shall be prepared and analyzed 
in accordance with one of the following methods:
    (A) Method 25D in 40 CFR part 60, appendix A.
    (B) Method 305 in 40 CFR part 63, appendix A.
    (C) Method 624 in 40 CFR part 136, appendix A.
    (D) Method 1624 in 40 CFR part 136, appendix A.
    (E) Method 1625 in 40 CFR part 136, appendix A.
    (F) Any other analysis method that has been validated in accordance 
with the procedures specified in Section 5.1 and Section 5.3 of Method 
301 in 40 CFR part 63, appendix A.
    (iii) Calculations. The average VOHAP concentration (C) on a mass-
weighted basis shall be calculated by using the results for all samples 
analyzed in accordance with paragraph (b)(2)(ii) of this section and 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR01JY96.037

where:
C=Average VOHAP concentration of the off-site material at the point-of-
delivery on a mass-weighted basis, ppmw.
i=Individual sample ``i'' of the off-site material.
n=Total number of samples of the off-site material collected (at least 
4) for the averaging period (not to exceed 1 year).
Q<INF>i=Mass quantity of off-site material stream represented by 
C<INF>i, kg/hr.
Q<INF>T=Total mass quantity of off-site material during the averaging 
period, kg/hr.
C<INF>i=Measured VOHAP concentration of sample ``i'' as determined in 
accordance with the requirements of Sec. 63.693(b)(2)(ii), ppmw.

    (3) Knowledge of the off-site material to determine VOHAP 
concentration.
    (i) Documentation shall be prepared that presents the information 
used as the basis for the owner's or operator's knowledge of the off-
site material stream's average VOHAP concentration. Examples of 
information that may be used as the basis for knowledge include: 
material balances for the source or process generating the off-site 
material stream; species-specific chemical test data for the off-site 
material stream from previous testing that are still applicable to the 
current off-site material stream; previous test data for other 
locations managing the same type of off-site material stream; or other 
knowledge based on information included in manifests, shipping papers, 
or waste certification notices.
    (ii) If test data are used as the basis for knowledge, then the 
owner or operator shall document the test method, sampling protocol, 
and the means by which sampling variability and analytical variability 
are accounted for in the determination of the average VOHAP 
concentration. For example, an owner or operator may use HAP 
concentration test data for the off-site material stream that are 
validated in accordance with Method 301 in 40 CFR part 63, appendix A 
of this part as the basis for knowledge of the off-site material.
    (iii) An owner or operator using species-specific chemical 
concentration test data as the basis for knowledge of the off-site 
material may adjust the test data to the corresponding average VOHAP 
concentration value which would be obtained had the off-site material 
samples been analyzed using Method 305. To adjust these data, the 
measured concentration for each individual HAP chemical species 
contained in the off-site material is multiplied by the appropriate 
species-specific adjustment factor (f<INF>m305) listed in Table 1 of 
this subpart.
    (iv) In the event that the Administrator and the owner or operator 
disagree on a determination of the average VOHAP concentration for an 
off-site material stream using knowledge, then the results from a 
determination of VOHAP concentration using direct measurement as 
specified in paragraph (b)(2) of this section shall be used to 
establish compliance with the applicable requirements of this subpart. 
The Administrator may perform or request that the owner or operator 
perform this determination using direct measurement.
    (c) Determination of average VOHAP concentration of an off-site 
material stream at the point-of-treatment.
    (1) Sampling. Samples of the off-site material stream shall be 
collected at the point-of-treatment in a manner such that 
volatilization of organics contained in the sample is minimized and an 
adequately representative sample is collected and maintained for 
analysis by the selected method.
    (i) The averaging period to be used for determining the average 
VOHAP concentration for the off-site material stream on a mass-weighted 
average basis shall be designated and recorded. The averaging period 
can represent any time interval that the owner or operator determines 
is appropriate for the off-site material stream but shall not exceed 1 
year.
    (ii) A sufficient number of samples, but no less than four samples, 
shall be collected to represent the complete range of HAP compositions 
and HAP quantities that occur in the off-site material stream during 
the entire averaging period due to normal variations in the operating 
conditions for the treatment process. Examples of such normal 
variations are seasonal variations in off-site material quantity or 
fluctuations in ambient temperature.
    (iii) All samples shall be collected and handled in accordance with 
written procedures prepared by the owner or operator and documented in 
a site sampling plan. This plan shall describe the procedure by which 
representative samples of the off-site material stream such that a 
minimum loss of organics occurs throughout the sample collection and 
handling process and by which sample integrity is maintained. A copy of 
the written sampling plan shall be maintained on-site in the plant site 
operating records. An example of an acceptable sampling plan includes a 
plan incorporating sample collection and handling procedures in 
accordance with the requirements specified in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication 
No. SW-846 or Method 25D in 40 CFR part 60, appendix A.
    (2) Analysis. Each collected sample shall be prepared and analyzed 
in accordance with the one of the following methods:
    (i) Method 25D in 40 CFR part 60, appendix A.
    (ii) Method 305 in 40 CFR part 63, appendix A.
    (iii) Method 624 in 40 CFR part 136, appendix A.
    (iv) Method 1624 in 40 CFR part 136, appendix A.
    (v) Method 1625 in 40 CFR part 136, appendix A.
    (3) Calculations. The average VOHAP concentration (C) on a mass-
weighted basis shall be calculated by using the results for all samples 
analyzed in accordance with paragraph (c)(2) of this section and the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR01JY96.038

Where:
C=Average VOHAP concentration of the off-site material on a mass-
weighted basis, ppmw.
i=Individual sample ``i'' of the off-site material.
n=Total number of samples of the off-site material collected (at least 
4) for the averaging period (not to exceed 1 year).

[[Page 34173]]

Q<INF>i=Mass quantity of off-site material stream represented by 
C<INF>i, kg/hr.
Q<INF>T=Total mass quantity of off-site material during the averaging 
period, kg/hr.
C<INF>i=Measured VOHAP concentration of sample ``i'' as determined in 
accordance with the requirements of Sec. 63.693(c)(2), ppmw.

    (d) Determination of treatment process VOHAP concentration limit 
(C<INF>R).
    (1) All of the off-site material streams entering the treatment 
process shall be identified.
    (2) The average VOHAP concentration of each off-site material 
stream at the point-of-delivery shall be determined using the 
procedures specified in paragraph (b) of this section.
    (3) The VOHAP concentration limit (C<INF>R) shall be calculated by 
using the results determined for each individual off-site material 
stream and the following equation:
[GRAPHIC] [TIFF OMITTED] TR01JY96.039

where:
C<INF>R=VOHAP concentration limit, ppmw.
x=Individual off-site material stream ``x'' that has a VOHAP 
concentration less than 500 ppmw at the point-of-delivery.
y=Individual off-site material stream ``y'' that has a VOHAP 
concentration equal to or greater than 500 ppmw at the point-of-
delivery.
m=Total number of ``x'' off-site material streams treated by process.
n=Total number of ``y'' off-site material streams treated by process.
Q<INF>x=Total mass quantity of off-site material stream ``x'', kg/yr.
Q<INF>y=Total mass quantity of off-site material stream ``y'', kg/yr.
C<INF>x=VOHAP concentration of off-site material stream ``x'' at the 
point-of-delivery, ppmw.

    (e) Determination of required HAP mass removal rate (RMR).
    (1) All of the off-site material streams entering the treatment 
process shall be identified.
    (2) The average VOHAP concentration of each off-site material 
stream at the point-of-delivery shall be determined in accordance with 
the requirements of paragraph (b) of this section.
    (3) For each individual off-site material stream that has an 
average VOHAP concentration equal to or greater than 500 ppmw at the 
point-of-delivery, the average volumetric flow rate and the density of 
the off-site material stream at the point-of-delivery shall be 
determined.
    (4) The required HAP mass removal rate (RMR) shall be calculated by 
using the average VOHAP concentration, average volumetric flow rate, 
and density determined for each off-site material stream and the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR01JY96.040

where:
RMR=Required HAP mass removal rate, kg/hr.
y=Individual off-site material stream ``y'' that has a VOHAP 
concentration equal to or greater than 500 ppmw at the point-of-
delivery as determined in accordance with the requirements of 
Sec. 63.693(b).
n=Total number of ``y'' off-site material streams treated by process.
V<INF>y=Average volumetric flow rate of off-site material stream ``y'' 
at the point-of-delivery, m<SUP>3/hr.
k<INF>y=Density of off-site material stream ``y'', kg/m<SUP>3
C<INF>y=Average VOHAP concentration of off-site material stream ``y'' 
at the point-of-delivery as determined in accordance with the 
requirements of Sec. 63.693(b), ppmw.

    (f) Determination of actual HAP mass removal rate (MR).
    (1) The actual HAP mass removal rate (MR) shall be determined based 
on results for a minimum of three consecutive runs. The sampling time 
for each run shall be 1 hour.
    (2) The off-site material HAP mass flow entering the process 
(E<INF>b) and the off-site material HAP mass flow exiting the process 
(E<INF>a) shall be determined in accordance with the requirements of 
paragraph (g)(4) of this section.
    (3) The actual mass removal rate shall be calculated by using the 
mass flow rates determined in accordance with the requirements of 
paragraph (f)(2) of this section and the following equation:

MR = E<INF>b-E<INF>a

where:
MR=Actual HAP mass removal rate, kg/hr.
E<INF>b=Off-site material HAP mass flow entering process as determined 
in accordance with the requirements of paragraph (f)(2) of this 
section, kg/hr.
E<INF>a=Off-site material HAP mass flow exiting process as determined 
in accordance with the requirements of paragraph (f)(2) of this 
section, kg/hr.

    (g) Determination of treatment process HAP reduction efficiency 
(R).
    (1) The HAP reduction efficiency (R) for a treatment process shall 
be determined based on results for a minimum of three consecutive runs.
    (2) All off-site material streams entering the treatment process 
and all off-site material streams exiting the treatment process shall 
be identified. The owner or operator shall prepare a sampling plan for 
measuring these streams that accurately reflects the retention time of 
the off-site material in the process.
    (3) For each run, information shall be determined for each off-site 
material stream identified in paragraph (g)(2) of this section using 
the following procedures:
    (i) The mass quantity of each off-site material stream entering the 
process (Q<INF>b) and the mass quantity of each off-

[[Page 34174]]

site material stream exiting the process (Q<INF>a) shall be determined.
    (ii) The average VOHAP concentration at the point-of-delivery of 
each off-site material stream entering the process (C<INF>b) during the 
run shall be determined in accordance with the requirements of 
paragraph (b) of this section. The VOHAP concentration of the off-site 
material stream at the point-of-treatment (C<INF>a) during the run 
shall be determined in accordance with the applicable requirements of 
paragraph (c) of this section.
    (4) The off-site material HAP mass flow entering the process 
(E<INF>b) and the off-site material HAP mass flow exiting the process 
(E<INF>a) shall be calculated by using the results determined in 
accordance with paragraph (g)(3) of this section and the following 
equations:
[GRAPHIC] [TIFF OMITTED] TR01JY96.041

      
    [GRAPHIC] [TIFF OMITTED] TR01JY96.042
    
where:

E<INF>b=Off-site material HAP mass flow entering process, kg/hr.
E<INF>a=Off-site material HAP mass flow exiting process, kg/hr.
m=Total number of runs (at least 3)
j=Individual run ``j''
Q<INF>V=Mass quantity of off-site material entering process during run 
``j'', kg/hr.
Q<INF>aj=Average mass quantity of off-site material exiting process 
during run ``j'', kg/hr.
C<INF>aj=Average VOHAP concentration of off-site material exiting 
process during run ``j'' as determined in accordance with the 
requirements of Sec. 63.693(b), ppmw.
C<INF>V=Average VOHAP concentration of off-site material entering 
process during run ``j'' as determined in accordance with the 
requirements of Sec. 63.693(b), ppmw.

    (5) The HAP reduction efficiency (R) shall be calculated by using 
the results determined in accordance with paragraph (g)(4) of this 
section and the following equation:
[GRAPHIC] [TIFF OMITTED] TR01JY96.043

where:
R=HAP reduction efficiency, percent.
E<INF>b=Off-site material HAP mass flow entering process as determined 
in accordance with the requirements of paragraph (d)(4) of this 
section, kg/hr.
E<INF>a=Off-site material HAP mass flow exiting process as determined 
in accordance with the requirements of paragraph (d)(4) of this 
section, kg/hr.
(h) Determination of HAP biodegradation efficiency (R<INF>bio).

    (1) The fraction of HAP biodegraded (F<INF>bio) shall be determined 
using the procedure specified in 40 CFR part 63, appendix C of this 
part.
    (2) The HAP biodegradation efficiency (R<INF>bio) shall be 
calculated by using the following equation:

R<INF>bio=F<INF>bio  x  100

where:
R<INF>bio = HAP biodegradation efficiency, percent.
F<INF>bio = Fraction of HAP biodegraded as determined in accordance 
with the requirements of paragraph (h)(1) of this section.

    (i) Determination of actual HAP mass removal rate (MR<INF>bio).
    (1) The actual HAP mass removal rate (MR<INF>bio) shall be 
determined based on results for a minimum of three consecutive runs. 
The sampling time for each run shall be 1 hour.
    (2) The off-site material HAP mass flow entering the process 
(E<INF>b) shall be determined in accordance with the requirements of 
paragraph (g)(4) of this section.
    (3) The fraction of HAP biodegraded (F<INF>bio) shall be determined 
using the procedure specified in 40 CFR part 63, appendix C of this 
part.
    (4) The actual mass removal rate shall be calculated by using the 
HAP mass flow rates and fraction of HAP biodegraded determined in 
accordance with the requirements of paragraphs (i)(2) and (i)(3), 
respectively, of this section and the following equation:

MR<INF>bio=E<INF>b x F<INF>bio

where:

MR<INF>bio=Actual HAP mass removal rate, kg/hr.
E<INF>b=Off-site material HAP mass flow entering process, kg/hr.
F<INF>bio=Fraction of HAP biodegraded.

    (j) Determination of maximum HAP vapor pressure for off-site 
material in a tank.
    (1) The maximum HAP vapor pressure of the off-site material 
composition managed in a tank shall be determined using either direct 
measurement as specified in paragraph (j)(2) of this section or by 
knowledge of the off-site material as specified by paragraph (j)(3) of 
this section.
    (2) Direct measurement to determine the maximum HAP vapor pressure 
of an off-site material.
    (i) Sampling. A sufficient number of samples shall be collected to 
be representative of the off-site material contained in the tank. All 
samples shall be collected and handled in accordance with written 
procedures prepared by the owner or operator and documented in a site 
sampling plan. This plan shall describe the procedure by which 
representative samples of the off-site material is collected such that 
a minimum loss of organics occurs throughout the sample collection and 
handling process and by which sample integrity is maintained. A copy of 
the written sampling plan shall be

[[Page 34175]]

maintained on-site in the plant site operating records. An example of 
an acceptable sampling plan includes a plan incorporating sample 
collection and handling procedures in accordance with the requirements 
specified in ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication No. SW-846 or Method 25D in 40 CFR 
part 60, appendix A.
    (ii) Analysis. Any one of the following methods may be used to 
analyze the samples and compute the maximum HAP vapor pressure of the 
off-site material:
    (A) Method 25E in 40 CFR part 60 appendix A;
    (B) Methods described in American Petroleum Institute Bulletin 
2517, ``Evaporation Loss from External Floating Roof Tanks,'';
    (C) Methods obtained from standard reference texts;
    (D) ASTM Method 2879-83; or
    (E) Any other method approved by the Administrator.
    (3) Use of knowledge to determine the maximum HAP vapor pressure of 
the off-site material. Documentation shall be prepared and recorded 
that presents the information used as the basis for the owner's or 
operator's knowledge that the maximum HAP vapor pressure of the off-
site material is less than the maximum vapor pressure limit listed in 
Table 3 or Table 4 of this subpart for the applicable tank design 
capacity category. Examples of information that may be used include: 
the off-site material is generated by a process for which at other 
locations it previously has been determined by direct measurement that 
the off-site material maximum HAP vapor pressure is less than the 
maximum vapor pressure limit for the appropriate tank design capacity 
category.
    (k) Procedure for determining no detectable organic emissions for 
the purpose of complying with this subpart.
    (1) The test shall be conducted in accordance with the procedures 
specified in Method 21 of 40 CFR part 60, appendix A. Each potential 
leak interface (i.e., a location where organic vapor leakage could 
occur) on the cover and associated closure devices shall be checked. 
Potential leak interfaces that are associated with covers and closure 
devices include, but are not limited to: the interface of the cover and 
its foundation mounting; the periphery of any opening on the cover and 
its associated closure device; and the sealing seat interface on a 
spring-loaded pressure-relief valve.
    (2) The test shall be performed when the unit contains a material 
having an organic HAP concentration representative of the range of 
concentrations for the off-site materials expected to be managed in the 
unit. During the test, the cover and closure devices shall be secured 
in the closed position.
    (3) The detection instrument shall meet the performance criteria of 
Method 21 of 40 CFR part 60, appendix A, except the instrument response 
factor criteria in section 3.1.2(a) of Method 21 shall be for the 
average composition of the organic constituents in the off-site 
material placed in the unit, not for each individual organic 
constituent.
    (4) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in Method 21 of 40 CFR part 
60, appendix A.
    (5) Calibration gases shall be as follows:
    (i) Zero air (less than 10 ppmv hydrocarbon in air); and
    (ii) A mixture of methane in air at a concentration of 
approximately, but less than 10,000 ppmv.
    (6) The background level shall be determined according to the 
procedures in Method 21 of 40 CFR part 60 appendix A.
    (7) Each potential leak interface shall be checked by traversing 
the instrument probe around the potential leak interface as close to 
the interface as possible, as described in Method 21. In the case when 
the configuration of the cover or closure device prevents a complete 
traverse of the interface, all accessible portions of the interface 
shall be sampled. In the case when the configuration of the closure 
device prevents any sampling at the interface and the device is 
equipped with an enclosed extension or horn (e.g., some pressure relief 
devices), the instrument probe inlet shall be placed at approximately 
the center of the exhaust area to the atmosphere.
    (8) The arithmetic difference between the maximum organic 
concentration indicated by the instrument and the background level 
shall be compared with the value of 500 ppmv. If the difference is less 
than 500 ppmv, then the potential leak interface is determined to 
operate with no detectable organic emissions.
    (l) Control device performance test procedures.
    (1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites at the inlet and 
outlet of the control device.
    (i) To determine compliance with a control device percent reduction 
requirement, sampling sites shall be located at the inlet of the 
control device as specified in paragraphs (l)(1)(i)(A) and (l)(1)(i)(B) 
of this section, and at the outlet of the control device.
    (A) The control device inlet sampling site shall be located after 
the final product recovery device.
    (B) If a vent stream is introduced with the combustion air or as a 
auxiliary fuel into a boiler or process heater, the location of the 
inlet sampling sites shall be selected to ensure that the measurement 
of total HAP concentration or TOC concentration, as applicable, 
includes all vent streams and primary and secondary fuels introduced 
into the boiler or process heater.
    (ii) To determine compliance with an enclosed combustion device 
concentration limit, the sampling site shall be located at the outlet 
of the device.
    (2) The gas volumetric flow rate shall be determined using Method 
2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
    (3) To determine compliance with the control device percent 
reduction requirement, the owner or operator shall use Method 18 of 40 
CFR part 60, appendix A of this chapter; alternatively, any other 
method or data that has been validated according to the applicable 
procedures in Method 301 in 40 CFR part 63, appendix A of this part may 
be used. The following procedures shall be used to calculate percent 
reduction efficiency:
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or a minimum of four grab samples shall be 
taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals in time such as 15 minute intervals 
during the run.
    (ii) The mass rate of either TOC (minus methane and ethane) or 
total HAP (E<INF>i and E<INF>o ,respectively) shall be computed.
    (A) The following equations shall be used:

[[Page 34176]]

[GRAPHIC] [TIFF OMITTED] TR01JY96.044


where:
C<INF>ij, C<INF>oj=Concentration of sample component j of the gas 
stream at the inlet and outlet of the control device, respectively, dry 
basis, parts per million by volume.
E<INF>i, E<INF>o=Mass rate of TOC (minus methane and ethane) or total 
HAP at the inlet and outlet of the control device, respectively, dry 
basis, kilogram per hour.
M<INF>ij, M<INF>oj=Molecular weight of sample component j of the gas 
stream at the inlet and outlet of the control device, respectively, 
gram/gram-mole.
Q<INF>i, Q<INF>o=Flow rate of gas stream at the inlet and outlet of the 
control device, respectively, dry standard cubic meter per minute.
K<INF>2=Constant, 2.494  x 10<SUP>-\6\ (parts per million) <SUP>-\1\ 
(gram-mole per standard cubic meter) (kilogram/gram) (minute/hour), 
where standard temperature (gram-mole per standard cubic meter) is 20  
deg.C.
    (B) When the TOC mass rate is calculated, all organic compounds 
(minus methane and ethane) measured by Method 18 of 40 CFR part 60, 
appendix A shall be summed using the equation in paragraph 
(l)(3)(ii)(A) of this section.
    (C) When the total HAP mass rate is calculated, only the HAP 
constituents shall be summed using the equation in paragraph 
(l)(3)(ii)(A) of this section.
    (iii) The percent reduction in TOC (minus methane and ethane) or 
total HAP shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR01JY96.045

where:
R<INF>cd=Control efficiency of control device, percent.
E<INF>i=Mass rate of TOC (minus methane and ethane) or total HAP at the 
inlet to the control device as calculated under paragraph (l)(3)(ii) of 
this section, kilograms TOC per hour or kilograms HAP per hour.
E<INF>o=Mass rate of TOC (minus methane and ethane) or total HAP at the 
outlet of the control device, as calculated under paragraph (l)(3)(ii) 
of this section, kilograms TOC per hour or kilograms HAP per hour.

    (iv) If the vent stream entering a boiler or process heater is 
introduced with the combustion air or as a secondary fuel, the weight-
percent reduction of total HAP or TOC (minus methane and ethane) across 
the device shall be determined by comparing the TOC (minus methane and 
ethane) or total HAP in all combusted vent streams and primary and 
secondary fuels with the TOC (minus methane and ethane) or total HAP 
exiting the device, respectively.
    (4) To determine compliance with the enclosed combustion device 
total HAP concentration limit of this subpart, the owner or operator 
shall use Method 18 of 40 CFR part 60, appendix A to measure either TOC 
(minus methane and ethane) or total HAP. Alternatively, any other 
method or data that has been validated according to Method 301 in 
appendix A of this part, may be used. The following procedures shall be 
used to calculate parts per million by volume concentration, corrected 
to 3 percent oxygen:
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or a minimum of four grab samples shall be 
taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals in time, such as 15 minute intervals 
during the run.
    (ii) The TOC concentration or total HAP concentration shall be 
calculated according to paragraph (m)(4)(ii)(A) or (m)(4)(ii)(B) of 
this section.
    (A) The TOC concentration (C<INF>TOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using the following equation:

[GRAPHIC] [TIFF OMITTED] TR01JY96.046

where:
C<INF>TOC=Concentration of total organic compounds minus methane and 
ethane, dry basis, parts per million by volume.
C<INF>ji=Concentration of sample components j of sample i, dry basis, 
parts per million by volume.
n=Number of components in the sample.
x=Number of samples in the sample run.

    (B) The total HAP concentration (C<INF>HAP) shall be computed 
according to the equation in paragraph (l)(4)(ii)(A) of this section 
except that only HAP constituents shall be summed.
    (iii) The measured TOC concentration or total HAP concentration 
shall be corrected to 3 percent oxygen as follows:
    (A) The emission rate correction factor or excess air, integrated 
sampling and analysis procedures of Method 3B of 40 CFR part 60, 
appendix A shall be used to determine the oxygen concentration 
(%O<INF>2dry). The samples shall be collected during the same time that 
the samples are collected for determining TOC concentration or total 
HAP concentration.
    (B) The concentration corrected to 3 percent oxygen (C<INF>c) shall 
be computed using the following equation:

[GRAPHIC] [TIFF OMITTED] TR01JY96.047

where:
C<INF>c=TOC concentration or total HAP concentration corrected to 3 
percent oxygen, dry basis, parts per million by volume.
C<INF>m=Measured TOC concentration or total HAP concentration, dry 
basis, parts per million by volume.
%O<INF>2dry=Concentration of oxygen, dry basis, percent by volume.


 Sec. 63.695  Inspection and monitoring requirements.

    (a) This section specifies the inspection and monitoring procedures 
required to perform the following:
    (1) To inspect tank fixed-roofs and floating roofs for compliance 
with the Tank level 2 controls standards specified in Sec. 63.685 of 
this subpart, the inspection procedures are specified in paragraph (b) 
of this section.
    (2) To inspect and monitor closed-vent systems for compliance with 
the standards specified in Sec. 63.693 of this subpart, the inspection 
and monitoring procedure are specified in paragraph (c) of this 
section.
    (3) To inspect and monitor transfer system covers for compliance 
with the

[[Page 34177]]

standards specified in Sec. 63.689(c)(1) of this subpart, the 
inspection and monitoring procedure are specified in paragraph (d) of 
this section.
    (b) Tank Level 2 fixed roof and floating roof inspection 
requirements.
    (1) Owners and operators that use a tank equipped with an internal 
floating roof in accordance with the provisions of Sec. 63.685(e) of 
this subpart shall meet the following inspection requirements:
    (i) The floating roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air emissions. Defects include, but are not limited to, the 
internal floating roof is not floating on the surface of the liquid 
inside the tank; liquid has accumulated on top of the internal floating 
roof; any portion of the roof seals have detached from the roof rim; 
holes, tears, or other openings are visible in the seal fabric; the 
gaskets no longer close off the waste surfaces from the atmosphere; or 
the slotted membrane has more than 10 percent open area.
    (ii) The owner or operator shall inspect the internal floating roof 
components as follows except as provided for in paragraph (b)(1)(iii) 
of this section:
    (A) Visually inspect the internal floating roof components through 
openings on the fixed-roof (e.g., manholes and roof hatches) at least 
once every 12 months after initial fill, and
    (B) Visually inspect the internal floating roof, primary seal, 
secondary seal (if one is in service), gaskets, slotted membranes, and 
sleeve seals (if any) each time the tank is emptied and degassed and at 
least every 10 years. Prior to each inspection, the owner or operator 
shall notify the Administrator in accordance with the reporting 
requirements specified in Sec. 63.697 of this subpart.
    (iii) As an alternative to performing the inspections specified in 
paragraph (b)(1)(ii) of this section for an internal floating roof 
equipped with two continuous seals mounted one above the other, the 
owner or operator may visually inspect the internal floating roof, 
primary and secondary seals, gaskets, slotted membranes, and sleeve 
seals (if any) each time the tank is emptied and degassed and at least 
every 5 years. Prior to each inspection, the owner or operator shall 
notify the Administrator in accordance with the reporting requirements 
specified in Sec. 63.697 of this subpart.
    (iv) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of 
paragraph (b)(4) of this section.
    (v) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 63.696 of this 
subpart.
    (2) Owners and operators that use a tank equipped with an external 
floating roof in accordance with the provisions of Sec. 63.685(f) of 
this subpart shall meet the following requirements:
    (i) The owner or operator shall measure the external floating roof 
seal gaps in accordance with the following requirements:
    (A) The owner or operator shall perform measurements of gaps 
between the tank wall and the primary seal within 60 days after initial 
operation of the tank following installation of the floating roof and, 
thereafter, at least once every 5 years. Prior to each inspection, the 
owner or operator shall notify the Administrator in accordance with the 
reporting requirements specified in Sec. 63.697 of this subpart.
    (B) The owner or operator shall perform measurements of gaps 
between the tank wall and the secondary seal within 60 days after 
initial operation of the separator following installation of the 
floating roof and, thereafter, at least once every year. Prior to each 
inspection, the owner or operator shall notify the Administrator in 
accordance with the reporting requirements specified in Sec. 63.697 of 
this subpart.
    (C) If a tank ceases to hold off-site material for a period of 1 
year or more, subsequent introduction of off-site material into the 
tank shall be considered an initial operation for the purposes of 
paragraphs (b)(2)(i)(A) and (b)(2)(i)(B) of this section.
    (D) The owner shall determine the total surface area of gaps in the 
primary seal and in the secondary seal individually using the following 
procedure.
    (1) The seal gap measurements shall be performed at one or more 
floating roof levels when the roof is floating off the roof supports.
    (2) Seal gaps, if any, shall be measured around the entire 
perimeter of the floating roof in each place where a 0.32-centimeter 
(cm) diameter uniform probe passes freely (without forcing or binding 
against the seal) between the seal and the wall of the tank and measure 
the circumferential distance of each such location.
    (3) For a seal gap measured under paragraph (b)(2) of this section, 
the gap surface area shall be determined by using probes of various 
widths to measure accurately the actual distance from the tank wall to 
the seal and multiplying each such width by its respective 
circumferential distance.
    (4) The total gap area shall be calculated by adding the gap 
surface areas determined for each identified gap location for the 
primary seal and the secondary seal individually, and then dividing the 
sum for each seal type by the nominal perimeter of the tank. These 
total gap areas for the primary seal and secondary seal are then are 
compared to the respective standards for the seal type as specified in 
Sec. 63.685(f)(1) of this subpart.
    (E) In the event that the seal gap measurements do not conform to 
the specifications in Sec. 63.685(f)(1) of this subpart, the owner or 
operator shall repair the defect in accordance with the requirements of 
paragraph (b)(4) of this section.
    (F) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 63.696 of this 
subpart.
    (ii) The owner or operator shall visually inspect the external 
floating roof in accordance with the following requirements:
    (A) The floating roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air emissions. Defects include, but are not limited to: 
holes, tears, or other openings in the rim seal or seal fabric of the 
floating roof; a rim seal detached from the floating roof; all or a 
portion of the floating roof deck being submerged below the surface of 
the liquid in the tank; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices.
    (B) The owner or operator shall perform the inspections following 
installation of the external floating roof and, thereafter, at least 
once every year.
    (C) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of 
paragraph (b)(4) of this section.
    (D) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 63.696(d) of this 
subpart.
    (3) Owners and operators that use a tank equipped with a fixed roof 
in accordance with the provisions of Sec. 63.685(g) of this subpart 
shall meet the following requirements:
    (i) The fixed roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air emissions. Defects include, but are not limited to, 
visible cracks, holes, or gaps in the roof sections or between the roof 
and the separator wall; broken, cracked,

[[Page 34178]]

or otherwise damaged seals or gaskets on closure devices; and broken or 
missing hatches, access covers, caps, or other closure devices.
    (ii) The owner or operator shall perform the inspections following 
installation of the fixed roof and, thereafter, at least once every 
year.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of 
paragraph (b)(4) of this section.
    (iv) The owner or operator shall maintain a record of the 
inspection in accordance with the requirements specified in 
Sec. 63.696(e) of this subpart.
    (4) The owner or operator shall repair each defect detected during 
an inspection performed in accordance with the requirements of 
paragraph (b)(1), (b)(2), or (b)(3) of this section in the following 
manner:
    (i) The owner or operator shall within 45 calendar days of 
detecting the defect either repair the defect or empty the tank and 
remove it from service. If within this 45-day period the defect cannot 
be repaired or the tank cannot be removed from service without 
disrupting operations at the plant site, the owner or operator is 
allowed two 30-day extensions. In cases when an owner or operator 
elects to use a 30-day extension, the owner or operator shall prepare 
and maintain documentation describing the defect, explaining why 
alternative storage capacity is not available, and specify a schedule 
of actions that will ensure that the control equipment will be repaired 
or the tank emptied as soon as possible.
    (ii) When a defect is detected during an inspection of a tank that 
has been emptied and degassed, the owner or operator shall repair the 
defect before refilling the tank.
    (c) Owners and operators that use a closed vent system in 
accordance with the provisions of Sec. 63.693 of this subpart shall 
meet the following inspection and monitoring requirements:
    (1) Each closed-vent system that is used to comply with 
Sec. 63.693(c)(1)(i) of this subpart shall be inspected and monitored 
in accordance with the following requirements:
    (i) At initial startup, the owner or operator shall monitor the 
closed-vent system components and connections using the procedures 
specified in Sec. 63.693(k) of this subpart to demonstrate that the 
closed-vent system operates with no organic detectable emissions.
    (ii) After initial startup, the owner or operator shall inspect and 
monitor the closed-vent system as follows:
    (A) Closed-vent system joints, seams, or other connections that are 
permanently or semi-permanently sealed (e.g., a welded joint between 
two sections of hard piping or a bolted and gasketed ducting flange) 
shall be visually inspected at least once per year to check for defects 
that could result in air emissions. The owner or operator shall monitor 
a component or connection using the procedures specified in 
Sec. 63.693(k) of this subpart to demonstrate that it operates with no 
detectable organic emissions following any time the component is 
repaired or replaced (e.g., a section of damaged hard piping is 
replaced with new hard piping) or the connection is unsealed (e.g., a 
flange is unbolted).
    (B) Closed-vent system components or connections other than those 
specified in paragraph (c)(1)(ii)(A) of this section, shall be 
monitored at least once per year using the procedures specified in 
Sec. 63.693(k) of this subpart to demonstrate that components or 
connections operate with no detectable organic emissions.
    (iii) In the event that a defect or leak is detected, the owner or 
operator shall repair the defect or leak in accordance with the 
requirements of paragraph (3) of this section.
    (iv) The owner or operator shall maintain a record of the 
inspection and monitoring in accordance with the requirements specified 
in Sec. 63.696 of this subpart.
    (2) Each closed-vent system that is used to comply with 
Sec. 63.693(c)(1)(ii) of this subpart shall be inspected and monitored 
in accordance with the following requirements:
    (i) The closed-vent system shall be visually inspected by the owner 
or operator to check for defects that could result in air emissions. 
Defects include, but are not limited to, visible cracks, holes, or gaps 
in ductwok or piping; loose connections; or broken or missing caps or 
other closure devices.
    (ii) The owner or operator shall perform the inspections following 
installation of the closed-vent system and, thereafter, at least once 
every year.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of 
paragraph (3) of this section.
    (iv) The owner or operator shall maintain a record of the 
inspection in accordance with the requirements specified in Sec. 63.696 
of this subpart.
    (3) The owner or operator shall repair all detected defects as 
follows:
    (i) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection and repair shall 
be completed as soon as possible but no later than 45 calendar days 
after detection.
    (ii) The owner or operator shall maintain a record of the defect 
repair in accordance with the requirements specified in Sec. 63.696 of 
this subpart.
    (d) Owners and operators that use a transfer system equipped with a 
cover in accordance with the provisions of Sec. 63.689(c)(1) of this 
subpart shall meet the following inspection requirements:
    (1) The cover and its closure devices shall be visually inspected 
by the owner or operator to check for defects that could result in air 
emissions. Defects include, but are not limited to, visible cracks, 
holes, or gaps in the cover sections or between the cover and its 
mounting; broken, cracked, or otherwise damaged seals or gaskets on 
closure devices; and broken or missing hatches, access covers, caps, or 
other closure devices.
    (2) The owner or operator shall perform the inspections following 
installation of the cover and, thereafter, at least once every year.
    (3) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of 
paragraph (5) of this section.
    (4) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 63.696 of this 
subpart.
    (5) The owner or operator shall repair all detected defects as 
follows:
    (i) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection and repair shall 
be completed as soon as possible but no later than 45 calendar days 
after detection except as provided in paragraph (c)(5)(ii) of this 
section.
    (ii) The owner or operator shall maintain a record of the defect 
repair in accordance with the requirements specified in Sec. 63.696 of 
this subpart.


Sec. 63.696  Recordkeeping requirements.

    (a) The owner or operator subject to this subpart shall comply with 
the recordkeeping requirements in Sec. 63.10 under 40 CFR 63 subpart 
A--General Provisions that are applicable to this subpart as specified 
in Table 2 of this subpart.
    (b) The owner or operator of a control device subject to this 
subpart shall maintain the records in accordance with the requirements 
of 40 CFR 63.10 of this part.
    (c) [Reserved]
    (d) Each owner or operator using an internal floating roof to 
comply with the tank control requirements specified in

[[Page 34179]]

Sec. 63.685(e) of this subpart or using an external floating roof to 
comply with the tank control requirements specified in Sec. 63.685(f) 
of this subpart shall prepare and maintain the following records:
    (1) Documentation describing the floating roof design and the 
dimensions of the tank.
    (2) A record for each inspection required by Sec. 63.695(b) of this 
subpart, as applicable to the tank, that includes the following 
information: a tank identification number (or other unique 
identification description as selected by the owner or operator) and 
the date of inspection.
    (3) The owner or operator shall record for each defect detected 
during inspections required by Sec. 63.695(b) of this subpart the 
following information: the location of the defect, a description of the 
defect, the date of detection, and corrective action taken to repair 
the defect. In the event that repair of the defect is delayed in 
accordance with the provisions of Sec. 63.695(b)(4) of this section, 
the owner or operator shall also record the reason for the delay and 
the date that completion of repair of the defect is expected.
    (4) Owners and operators that use a tank equipped with an external 
floating roof in accordance with the provisions of Sec. 63.685(f) of 
this subpart shall prepare and maintain records for each seal gap 
inspection required by Sec. 63.695(b) describing the results of the 
seal gap measurements. The records shall include the date of that the 
measurements are performed, the raw data obtained for the measurements, 
and the calculations of the total gap surface area. In the event that 
the seal gap measurements do not conform to the specifications in 
Sec. 63.695(b) of this subpart, the records shall include a description 
of the repairs that were made, the date the repairs were made, and the 
date the separator was emptied, if necessary.
    (e) Each owner or operator using a fixed roof to comply with the 
tank control requirements specified in Sec. 63.685(g) of this subpart 
shall prepare and maintain the following records:
    (1) A record for each inspection required by Sec. 63.695(b) of this 
subpart, as applicable to the tank, that includes the following 
information: a tank identification number (or other unique 
identification description as selected by the owner or operator) and 
the date of inspection.
    (2) The owner or operator shall record for each defect detected 
during inspections required by Sec. 63.695(b) of this subpart the 
following information: the location of the defect, a description of the 
defect, the date of detection, and corrective action taken to repair 
the defect. In the event that repair of the defect is delayed in 
accordance with the provisions of Sec. 63.695(b)(4) of this section, 
the owner or operator shall also record the reason for the delay and 
the date that completion of repair of the defect is expected.
    (f) Each owner or operator using an enclosure to comply with the 
tank control requirements specified in Sec. 63.685(i) of this subpart 
shall prepare and maintain records for the most recent set of 
calculations and measurements performed by the owner or operator to 
verify that the enclosure meets the criteria of a permanent total 
enclosure as specified in ``Procedure T--Criteria for and Verification 
of a Permanent or Temporary Total Enclosure'' under 40 CFR 52.741, 
Appendix B.
    (g) An owner or operator shall record, on a semiannual basis, the 
information specified in paragraphs (g)(1) and (g)(2) of this section 
for those planned routine maintenance operations that would require the 
control device not to meet the requirements of Sec. 63.693(d) through 
(h) of this subpart, as applicable.
    (1) A description of the planned routine maintenance that is 
anticipated to be performed for the control device during the next 6 
months. This description shall include the type of maintenance 
necessary, planned frequency of maintenance, and lengths of maintenance 
periods.
    (2) A description of the planned routine maintenance that was 
performed for the control device during the previous 6 months. This 
description shall include the type of maintenance performed and the 
total number of hours during these 6 months that the control device did 
not meet the requirement of Sec. 63.693 (d) through (h) of this 
subpart, as applicable, due to planned routine maintenance.
    (h) An owner or operator shall record the information specified in 
paragraphs (h)(1) through (h)(3) of this section for those unexpected 
control device system malfunctions that would require the control 
device not to meet the requirements of Sec. 63.693 (d) through (h) of 
this subpart, as applicable.
    (1) The occurrence and duration of each malfunction of the control 
device system.
    (2) The duration of each period during a malfunction when gases, 
vapors, or fumes are vented from the waste management unit through the 
closed-vent system to the control device while the control device is 
not properly functioning.
    (3) Actions taken during periods of malfunction to restore a 
malfunctioning control device to its normal or usual manner of 
operation.


Sec. 63.697  Reporting requirements.

    (a) The owner or operator subject to this subpart shall comply with 
the notification requirements in Sec. 63.9 and the reporting 
requirements in Sec. 63.10 under 40 CFR 63 subpart A--General 
Provisions that are applicable to this subpart as specified in Table 2 
of this subpart.
    (b) The owner or operator of a control device used to meet the 
requirements of Sec. 63.693 of this subpart shall submit the following 
reports to the Administrator:
    (1) A Notification of Performance Tests specified in Sec. 63.7 and 
Sec. 63.9(g) of this part,
    (2) Performance test reports specified in Sec. 63.10(d)(2) of this 
part
    (3) Startup, shutdown, and malfunction reports specified in 
Sec. 63.10(d)(5) of this part,
    (i) If actions taken by an owner or operator during a startup, 
shutdown, or malfunction of an affected source (including actions taken 
to correct a malfunction) are not completely consistent with the 
procedures specified in the source's startup, shutdown, and malfunction 
plan specified in Sec. 63.6(e)(3) of this part, the owner or operator 
shall state such information in the report. The startup, shutdown, or 
malfunction report shall consist of a letter, containing the name, 
title, and signature of the responsible official who is certifying its 
accuracy, that shall be submitted to the Administrator, and
    (ii) Separate startup, shutdown, or malfunction reports are not 
required if the information is included in the report specified in 
paragraph (b)(6) of this section.
    (4) A summary report specified in Sec. 63.10(e)(3) of this part 
shall be submitted on a semi-annual basis (i.e., once every 6-month 
period).
    (c) Each owner or operator using an internal floating roof or 
external floating roof to comply with the Tank Level 2 control 
requirements specified in Sec. 63.685(d) of this subpart shall notify 
the Administrator in advance of each inspection required under 
Sec. 63.695(b) of this subpart to provide the Administrator with the 
opportunity to have an observer present during the inspection. The 
owner or operator shall notify the Administrator of the date and 
location of the inspection as follows:
    (1) Prior to each inspection to measure external floating roof seal 
gaps as required under Sec. 63.695(b) of this subpart, written 
notification shall be prepared and sent by the owner or operator so 
that it is received by the Administrator at least 30 calendar days

[[Page 34180]]

before the date the measurements are scheduled to be performed.
    (2) Prior to each visual inspection of an internal floating roof or 
external floating roof in a tank that has been emptied and degassed, 
written notification shall be prepared and sent by the owner or 
operator so that it is received by the Administrator at least 30 
calendar days before refilling the tank except when an inspection is 
not planned as provided for in paragraph (c)(3) of this section.
    (3) When a visual inspection is not planned and the owner or 
operator could not have known about the inspection 30 calendar days 
before refilling the tank, the owner or operator shall notify the 
Administrator as soon as possible, but no later than 7 calendar days 
before refilling of the tank. This notification may be made by 
telephone and immediately followed by a written explanation for why the 
inspection is unplanned. Alternatively, written notification, including 
the explanation for the unplanned inspection, may be sent so that it is 
received by the Administrator at least 7 calendar days before refilling 
the tank.


Sec. 63.698  Delegation of Authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 112(d) of the Act, the authority listed in 
paragraph (b) of this section shall be retained by the Administrator 
and not transferred to a State.
    (b) Authority will not be delegated to States for Sec. 63.694 of 
this subpart.

   Table 1 to Subpart DD.--List of Hazardous Air Pollutants (HAP) for   
                               Subpart DD                               
------------------------------------------------------------------------
       CAS No.<SUP>a                   Chemical name                f<INF>m <INF>305   
------------------------------------------------------------------------
75070................  Acetaldehyde.......................        1.000 
75058................  Acetonitrile.......................        0.989 
98862................  Acetophenone.......................        0.314 
107028...............  Acrolein...........................        1.000 
107131...............  Acrylonitrile......................        0.999 
107051...............  Allyl chloride.....................        1.000 
71432................  Benzene (includes benzene in               1.000 
                        gasoline).                                      
98077................  Benzotrichloride (isomers and              0.958 
                        mixture).                                       
100447...............  Benzyl chloride....................        1.000 
92524................  Biphenyl...........................        0.864 
542881...............  Bis(chloromethyl)ether<SUP>b............        0.999 
75252................  Bromoform..........................        0.998 
106990...............  1,3-Butadiene......................        1.000 
75150................  Carbon disulfide...................        1.000 
56235................  Carbon tetrachloride...............        1.000 
43581................  Carbonyl sulfide...................        1.000 
133904...............  Chloramben.........................        0.633 
108907...............  Chlorobenzene......................        1.000 
67663................  Chloroform.........................        1.000 
107302...............  Chloromethyl methyl ether <SUP>b........        1.000 
126998...............  Chloroprene........................        1.000 
98828................  Cumene.............................        1.000 
94757................  2,4-D, salts and esters............        0.167 
334883...............  Diazomethane <SUP>c.....................        0.999 
132649...............  Dibenzofurans......................        0.967 
96128................  1,2-Dibromo-3-chloropropane........        1.000 
106467...............  1,4-Dichlorobenzene(p).............        1.000 
107062...............  Dichloroethane (Ethylene                   1.000 
                        dichloride).                                    
111444...............  Dichloroethyl ether (Bis(2-                0.757 
                        chloroethyl ether).                             
542756...............  1,3-Dichloropropene................        1.000 
79447................  Dimethyl carbamoyl chloride<SUP>c.......        0.150 
57147................  1,1-Dimethyl hydrazine.............        0.383 
64675................  Diethyl sulfate....................        0.0025
77781................  Dimethyl sulfate...................        0.086 
121697...............  N,N-Dimethylaniline................        0.0008
51285................  2,4-Dinitrophenol..................        0.0077
121142...............  2,4-Dinitrotoluene.................        0.0848
123911...............  1,4-Dioxane (1,4-Diethyleneoxide)..        0.869 
106898...............  Epichlorohydrin (1-Chloro-2,3-             0.939 
                        epoxypropane).                                  
106887...............  1,2-Epoxybutane....................        1.000 
140885...............  Ethyl acrylate.....................        1.000 
100414...............  Ethyl benzene......................        1.000 
75003................  Ethyl chloride (Chloroethane)......        1.000 
106934...............  Ethylene dibromide (Dibromoethane).        0.999 
107062...............  Ethylene dichloride (1,2-                  1.000 
                        Dichloroethane).                                
151564...............  Ethylene imine (Aziridine).........        0.867 
75218................  Ethylene oxide.....................        1.000 
75343................  Ethylidene dichloride (1,1-                1.000 
                        Dichloroethane).                                
                       Glycol ethers <SUP>d....................      (<SUP>e)     
118741...............  Hexachlorobenzene..................        0.97  
87683................  Hexachlorobutadiene................        0.88  
67721................  Hexachloroethane...................        0.499 
110543...............  Hexane.............................        1.000 
78591................  Isophorone.........................        0.506 
58899................  Lindane (all isomers)..............        1.000 
67561................  Methanol...........................        0.855 

[[Page 34181]]

                                                                        
74839................  Methyl bromide (Bromomethane)......        1.000 
74873................  Methyl chloride (Choromethane).....        1.000 
71556................  Methyl chloroform (1,1,1-                  1.000 
                        Trichloroethane).                               
78933................  Methyl ethyl ketone (2-Butanone)...        0.990 
74884................  Methyl iodide (Iodomethane)........        1.000 
108101...............  Methyl isobutyl ketone (Hexone)....        0.979 
624839...............  Methyl isocyanate..................        1.000 
80626................  Methyl methacrylate................        0.999 
1634044..............  Methyl tert butyl ether............        1.000 
75092................  Methylene chloride                         1.000 
                        (Dichloromethane).                              
91203................  Naphthalene........................        0.994 
98953................  Nitrobenzene.......................        0.394 
79469................  2-Nitropropane.....................        0.989 
82688................  Pentachloronitrobenzene                    0.839 
                        (Quintobenzene).                                
87865................  Pentachlorophenol..................        0.0898
75445................  Phosgene<SUP>c..........................        1.000 
123386...............  Propionaldehyde....................        0.999 
78875................  Propylene dichloride (1,2-                 1.000 
                        Dichloropropane).                               
75569................  Propylene oxide....................        1.000 
75558................  1,2-Propylenimine (2-Methyl                0.945 
                        aziridine).                                     
100425...............  Styrene............................        1.000 
96093................  Styrene oxide......................        0.830 
79345................  1,1,2,2-Tetrachloroethane..........        0.999 
127184...............  Tetrachloroethylene                        1.000 
                        (Perchloroethylene).                            
108883...............  Toluene............................        1.000 
95534................  o-Toluidine........................        0.152 
120821...............  1,2,4-Trichlorobenzene.............        1.000 
71556................  1,1,1-Trichloroethane (Methyl              1.000 
                        chlorform).                                     
79005................  1,1,2-Trichloroethane (Vinyl               1.000 
                        trichloride).                                   
79016................  Trichloroethylene..................        1.000 
95954................  2,4,5-Trichlorophenol..............        0.108 
88062................  2,4,6-Trichlorophenol..............        0.132 
121448...............  Triethylamine......................        1.000 
540841...............  2,2,4-Trimethylpentane.............        1.000 
108054...............  Vinyl acetate......................        1.000 
593602...............  Vinyl bromide......................        1.000 
75014................  Vinyl chloride.....................        1.000 
75354................  Vinylidene chloride (1,1-                  1.000 
                        Dichloroethylene).                              
1330207..............  Xylenes (isomers and mixture)......        1.000 
95476................  o-Xylenes..........................        1.000 
108383...............  m-Xylenes..........................        1.000 
106423...............  p-Xylenes..........................        1.000 
------------------------------------------------------------------------
Notes:                                                                  
f<INF>m <INF>305=Method 305 fraction measure factor                               
a. CAS numbers refer to the Chemical Abstracts Services registry number 
  assigned to specific compounds, isomers, or mixtures of compounds.    
b. Denotes a HAP that hydrolyzes quickly in water, but the hydrolysis   
  products are also HAP chemicals.                                      
c. Denotes a HAP that may react violently with water, exercise caustic  
  is an expected analyte.                                               
d. Denotes a HAP that hydrolyzes slowly in water.                       
e. Several glycol ethers meet the criteria used to select HAP for the   
  purposes of this subpart. The f<INF>m <INF>305 factors for some of the more     
  common glycol ethers are listed below:                                
Ethylene glycol dimethyl ether (f<INF>m <INF>305=0.861)                           
Ethylene glycol monoethyl ether acetate (f<INF>m <INF>305=0.0887)                 
Ethylene glycol monomethyl ether acetate (f<INF>m <INF>305=0.0926)                
Diethylene glycol diethyl ether (f<INF>m <INF>305=0.216)                          



Table 2 to Subpart DD.--Applicability of Paragraphs in 40 CFR 63 Subpart
                  A, General Provisions, to Subpart DD                  
------------------------------------------------------------------------
                                    Applies to                          
      Subpart A reference           subpart DD            Comment       
------------------------------------------------------------------------
63.1(a)(1)....................  Yes.                                    
63.1(a)(2)....................  Yes.                                    
63.1(a)(3)....................  Yes.                                    
63.1(a)(4)....................  No...............  Subpart DD (this     
                                                    table) specifies    
                                                    applicability of    
                                                    each paragraph in   
                                                    subpart A to subpart
                                                    DD.                 
63.1(a)(5)-63.1(a)(9).........  No.                                     
63.1(a)(10)...................  Yes.                                    
63.1(a)(11)...................  Yes.                                    
63.1(a)(12)...................  Yes.                                    
63.1(a)(13)...................  Yes.                                    

[[Page 34182]]

                                                                        
63.1(a)(14)...................  Yes.                                    
63.1(b)(1)....................  No...............  Subpart DD specifies 
                                                    its own             
                                                    applicability.      
63.1(b)(2)....................  Yes.                                    
63.1(b)(3)....................  No.                                     
63.1(c)(1)....................  No...............  Subpart DD explicitly
                                                    specifies           
                                                    requirements that   
                                                    apply.              
63.1(c)(2)....................  No...............  Area sources are not 
                                                    subject to subpart  
                                                    DD.                 
63.1(c)(3)....................  No.                                     
63.1(c)(4)....................  Yes.                                    
63.1(c)(5)....................  Yes..............  Except that sources  
                                                    are not required to 
                                                    submit notifications
                                                    overridden by this  
                                                    table.              
63.1(d).......................  No.                                     
63.1(e).......................  No.                                     
63.2..........................  Yes..............  Sec.  63.681 of      
                                                    subpart DD specifies
                                                    that if the same    
                                                    term is defined in  
                                                    subparts A and DD,  
                                                    it shall have the   
                                                    meaning given in    
                                                    subpart DD.         
63.3..........................  Yes.                                    
63.4(a)(1)-63.4(a)(3).........  Yes.                                    
63.4(a)(4)....................  No...............  Reserved.            
63.4(a)(5)....................  Yes.                                    
63.4(b).......................  Yes.                                    
63.4(c).......................  Yes.                                    
63.5(a)(1)....................  Yes..............  Except replace term  
                                                    ``source'' and      
                                                    ``stationary        
                                                    source'' in Sec.    
                                                    63.5(a)(1) of       
                                                    subpart A with      
                                                    ``affected source.''
63.5(a)(2)....................  Yes.                                    
63.5(b)(1)....................  Yes.                                    
63.5(b)(2)....................  No...............  Reserved.            
63.5(b)(3)....................  Yes.                                    
63.5(b)(4)....................  Yes..............  Except the cross-    
                                                    reference to Sec.   
                                                    63.9(b) is changed  
                                                    to Sec.  63.9(b)(4) 
                                                    and (5). Subpart DD 
                                                    overrides Sec.      
                                                    63.9(b)(2) and      
                                                    (b)(3).             
63.5(b)(5)....................  Yes.                                    
63.5(b)(6)....................  Yes.                                    
63.5(c).......................  No...............  Reserved.            
63.5(d)(1)(i).................  Yes.                                    
63.5(d)(1)(ii)................  Yes.                                    
63.5(d)(1)(iii)...............  Yes.                                    
63.5(d)(2)....................  No.                                     
63.5(d)(3)....................  Yes.                                    
63.5(d)(4)....................  Yes.                                    
63.5(e).......................  Yes.                                    
63.5(f)(1)....................  Yes.                                    
63.5(f)(2)....................  Yes.                                    
63.6(a).......................  Yes.                                    
63.6(b)(1)....................  No...............  Subpart DD specifies 
                                                    compliance dates for
                                                    sources subject to  
                                                    subpart DD.         
63.6(b)(2)....................  No.                                     
63.6(b)(3)....................  Yes.                                    
63.6(b)(4)....................  No...............  May apply when       
                                                    standards are       
                                                    proposed under      
                                                    section 112(f) of   
                                                    the Clean Air Act.  
63.6(b)(5)....................  No...............  Sec.  63.697 of      
                                                    subpart DD includes 
                                                    notification        
                                                    requirements.       
63.6(b)(6)....................  No.                                     
63.6(b)(7)....................  No.                                     
63.6(c)(1)....................  No...............  Sec.  63.680 of      
                                                    subpart DD specifies
                                                    the compliance date.
63.6(c)(2)-63.6(c)(4).........  No.                                     
63.6(c)(5)....................  Yes.                                    
63.6(d).......................  No.                                     
63.6(e).......................  Yes.                                    
63.6(f)(1)....................  Yes.                                    
63.6(f)(2)(i).................  Yes.                                    
63.6(f)(2)(ii)................  Yes..............  Subpart DD specifies 
                                                    the use of          
                                                    monitoring data in  
                                                    determining         
                                                    compliance with     
                                                    subpart DD.         
63.6(f)(2)(iii) (A), (B), and   Yes.                                    
 (C).                                                                   
63.6(f)(2)(iii) (D)...........  No.                                     
63.6(f)(2)(iv)................  Yes.                                    
63.6(f)(2)(v).................  Yes.                                    
63.6(f)(3)....................  Yes.                                    
63.6(g).......................  Yes.                                    
63.6(h).......................  No...............  Subpart DD does not  
                                                    require opacity and 
                                                    visible emission    
                                                    standards.          
63.6(i).......................  Yes..............  Except for Sec.      
                                                    63.6(i)(15), which  
                                                    is reserved.        
63.6(j).......................  Yes.                                    
63.7(a)(1)....................  No...............  Subpart DD specifies 
                                                    required testing and
                                                    compliance          
                                                    demonstration       
                                                    procedures.         
63.7(a)(2)....................  Yes.                                    
63.7(a)(3)....................  Yes.                                    
63.7(b).......................  No.                                     
63.7(c).......................  No.                                     

[[Page 34183]]

                                                                        
63.7(d).......................  Yes.                                    
63.7(e)(1)....................  Yes.                                    
63.7(e)(2)....................  Yes.                                    
63.7(e)(3)....................  No...............  Subpart DD specifies 
                                                    test methods and    
                                                    procedures.         
63.7(e)(4)....................  Yes.                                    
63.7(f).......................  No...............  Subpart DD specifies 
                                                    applicable methods  
                                                    and provides        
                                                    alternatives.       
63.7(g).......................  Yes.                                    
63.7(h)(1)....................  Yes.                                    
63.7(h)(2)....................  Yes.                                    
63.7(h)(3)....................  Yes.                                    
63.7(h)(4)....................  No.                                     
63.7(h)(5)....................  Yes.                                    
63.8(a).......................  No.                                     
63.8(b)(1)....................  Yes.                                    
63.8(b)(2)....................  No...............  Subpart DD specifies 
                                                    locations to conduct
                                                    monitoring.         
63.8(b)(3)....................  Yes.                                    
63.8(c)(1)(i).................  Yes.                                    
63.8(c)(1)(ii)................  Yes.                                    
63.8(c)(1)(iii)...............  Yes.                                    
63.8(c)(2)....................  Yes.                                    
63.8(c)(3)....................  Yes.                                    
63.8(c)(4)....................  No...............  Subpart DD specifies 
                                                    monitoring frequency
63.8(c)(5)-63.8(c)(8).........  No.                                     
63.8(d).......................  No.                                     
63.8(e).......................  No.                                     
63.8(f)(1)....................  Yes.                                    
63.8(f)(2)....................  Yes.                                    
63.8(f)(3)....................  Yes.                                    
63.8(f)(4)(i).................  Yes.                                    
63.8(f)(4)(ii)................  Yes.                                    
63.8(f)(4)(iii)...............  No.                                     
63.8(f)(5)(i).................  Yes.                                    
63.8(f)(5)(ii)................  No.                                     
63.8(f)(5)(iii)...............  Yes.                                    
63.8(f)(6)....................  Yes.                                    
63.8(g).......................  Yes.                                    
63.9(a).......................  Yes.                                    
63.9(b)(1)(i).................  Yes.                                    
63.9(b)(1)(ii)................  No.                                     
63.9(b)(2)....................  Yes.                                    
63.9(b)(3)....................  No.                                     
63.9(b)(4)....................  Yes.                                    
63.9(b)(5)....................  Yes.                                    
63.9(c).......................  Yes.                                    
63.9(d).......................  Yes.                                    
63.9(e).......................  No.                                     
63.9(f).......................  No.                                     
63.9(g).......................  No.                                     
63.9(h).......................  Yes.                                    
63.9(i).......................  Yes.                                    
63.9(j).......................  No.                                     
63.10(a)......................  Yes.                                    
63.10(b)(1)...................  Yes.                                    
63.10(b)(2)(i)................  Yes.                                    
63.10(b)(2)(ii)...............  Yes.                                    
63.10(b)(2)(iii)..............  No.                                     
63.10(b)(2)(iv)...............  Yes.                                    
63.10(b)(2)(v)................  Yes.                                    
63.10(b)(2) (vi)-(ix).........  No.                                     
63.10(b)(2)(x)................  Yes.                                    
63.10(b)(2) (xii)-(xiv).......  No.                                     
63.10(b)(3)...................  No.                                     
63.10(c)......................  No.                                     
63.10(d)(1)...................  No.                                     
63.10(d)(2)...................  Yes.                                    
63.10(d)(3)...................  No.                                     
63.10(d)(4)...................  Yes.                                    
63.10(d)(5)(i)................  Yes.                                    
63.10(d)(5)(ii)...............  Yes.                                    
63.10(e)......................  No.                                     

[[Page 34184]]

                                                                        
63.10(f)......................  Yes.                                    
63.11-63.15...................  Yes.                                    
------------------------------------------------------------------------
Note: Wherever subpart A specifies ``postmark'' dates, submittals may be
  sent by methods other than the U.S. Mail (e.g., by fax or courier).   
  Submittals shall be sent by the specified dates, but a postmark is not
  required.                                                             



    Table 3 to Subpart DD.--Tank Control Levels for Tanks at Existing   
           Affected Sources as Required by 40 CFR 63.685(b)(1)          
------------------------------------------------------------------------
                                    Maximum HAP vapor                   
  Tank design capacity (cubic     pressure of off-site     Tank control 
            meters)                material managed in        level     
                                   tank (kilopascals)                   
------------------------------------------------------------------------
Design capacity less than 75 m<SUP>3  Maximum HAP vapor       Level 1.       
                                  pressure less than                    
                                  76.6 kPa.                             
Design capacity equal to or      Maximum HAP vapor       Level 1.       
 greater than 75 m<SUP>3 and less      pressure less than                    
 than 151 m<SUP>3.                     27.6 kPa.                             
                                 Maximum HAP vapor       Level 2.       
                                  pressure equal to or                  
                                  greater than 27.6 kPa.                
Design capacity equal to or      Maximum HAP vapor       Level 1.       
 greater than 151 m<SUP>3.             pressures less than                   
                                  5.2 kPa.                              
                                 Maximum HAP vapor       Level 2.       
                                  pressure equal to or                  
                                  greater than 5.2 kPa.                 
------------------------------------------------------------------------


  Table 4 to Subpart DD.--Tank Control Levels for Tanks at New Affected 
               Sources as Required by 40 CFR 63.685(b)(2)               
------------------------------------------------------------------------
                                    Maximum HAP vapor                   
  Tank design capacity (cubic     pressure of off-site     Tank control 
            meters)                material managed in        level     
                                   tank (kilopascals)                   
------------------------------------------------------------------------
Design capacity less than 38 m<SUP>3  Maximum HAP vapor       Level 1.       
                                  pressure less than                    
                                  76.6 kPa.                             
Design capacity equal to or      Maximum HAP vapor       Level 1.       
 greater than 38 m<SUP>3 and less      pressure less than                    
 than 151 m<SUP>3.                     13.1 kPa.                             
                                 Maximum HAP vapor       Level 2.       
                                  pressure equal to or                  
                                  greater than 13.1 kPa.                
Design capacity equal to or      Maximum HAP vapor       Level 1.       
 greater than 151 m<SUP>3.             pressure less than                    
                                  0.7 kPa.                              
                                 Maximum HAP vapor       Level 2.       
                                  pressure equal to or                  
                                  greater than 0.7 kPa.                 
------------------------------------------------------------------------

    5. Part 63 is amended by adding subpart OO consisting of 
Secs. 63.900 through 63.907 to read as follows:
Subpart OO--National Emission Standards for Tanks--Level 1
Sec.
63.900  Applicability.
63.901  Definitions.
63.902  Standards--Tank fixed roof.
63.903  [Reserved]
63.904  [Reserved]
63.905  Test methods and procedures.
63.906  Inspection and monitoring requirements.
63.907  Recordkeeping requirements.

Subpart OO--National Emission Standards for Tanks--Level 1


Sec. 63.900  Applicability.

    The provisions of this subpart apply to the control of air 
emissions from tanks for which another subpart of 40 CFR parts 60, 61, 
or 63 references the use of this subpart for such air emission control. 
These air emission standards for tanks are placed here for 
administrative convenience and only apply to those owners and operators 
of facilities subject to the other subparts that reference this 
subpart. The provisions of 40 CFR part 63, subpart A--General 
Provisions do not apply to this subpart except as noted in the subpart 
that references this subpart.


Sec. 63.901  Definitions.

    All terms used in this subpart shall have the meaning given to them 
in the Act and in this section. If a term is defined in both this 
section and in another subpart that references the use of this subpart, 
then the definition in this subpart shall take precedence when 
implementing this subpart.
    Closure device means a cap, hatch, lid, plug, seal, valve, or other 
type of fitting that, when the device is secured in the closed 
position, prevents or reduces air emissions to the atmosphere by 
blocking an opening in a fixed roof. Closure devices include devices 
that are detachable from the cover (e.g., a sampling port cap), 
manually operated (e.g., a hinged access lid or hatch), or 
automatically operated (e.g., a spring-loaded pressure relief valve).
    Fixed roof means a cover that is mounted on a tank in a stationary 
position and does not move with fluctuations in the level of the liquid 
managed in the tank.
    No detectable organic emissions means no escape of organics to the 
atmosphere as determined using the procedure specified in 
Sec. 63.905(a) of this subpart.
    Regulated-material means the material (e.g. waste, wastewater, off-
site material) required to be managed in tanks using air emission 
controls in accordance with the standards specified in this subpart.
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions exclusively to prevent physical damage or permanent 
deformation to the tank air emission control equipment by venting gases 
or vapors directly to the atmosphere during unsafe conditions resulting 
from an unplanned, accidental, or emergency event. For the purpose of 
this subpart, a safety device is not used for routine venting of gases 
or vapors from the vapor headspace underneath the tank cover. A safety 
device is designed to remain in a closed position during normal 
operations and open only when

[[Page 34185]]

the internal pressure, or another relevant parameter, exceeds the 
device threshold setting applicable to the air emission control 
equipment as determined by the owner or operator based on manufacturer 
recommendations, applicable regulations, fire protection and prevention 
codes, standard engineering codes and practices, or other requirements 
for the safe handling of flammable, ignitable, explosive, reactive, or 
hazardous materials.
    Tank means a stationary unit that is constructed primarily of 
nonearthen materials (such as wood, concrete, steel, fiberglass, or 
plastic) which provide structural support and is designed to hold an 
accumulation of liquids or other materials.


Sec. 63.902  Standards--Tank fixed roof.

    (a) This section applies to owners and operators subject to this 
subpart and controlling air emissions from a tank using a fixed roof.
    (b) The tank shall be equipped with a fixed roof designed to meet 
the following specifications:
    (1) The fixed roof and its closure devices shall be designed to 
form a continuous barrier over the entire surface area of the liquid in 
the tank. The fixed roof may be a separate cover installed on the tank 
(e.g., a removable cover mounted on an open-top tank) or may be an 
integral part of the tank structural design (e.g., a horizontal 
cylindrical tank equipped with a hatch).
    (2) The fixed roof shall be installed in a manner such that there 
are no visible cracks, holes, gaps, or other open spaces between roof 
section joints or between the interface of the roof edge and the tank 
wall.
    (3) Each opening in the fixed roof shall be either:
    (i) equipped with a closure device designed to operate such that 
when the closure device is secured in the closed position there are no 
visible cracks, holes, gaps, or other open spaces in the closure device 
or between the perimeter of the opening and the closure device; or
    (ii) connected by a closed-vent system that is vented to a control 
device. The control device shall remove or destroy organics in the vent 
stream, and shall be operating whenever regulated material is managed 
in the tank.
    (4) The fixed roof and its closure devices shall be made of 
suitable materials that will minimize exposure of the regulated-
material to the atmosphere, to the extent practical, and will maintain 
the integrity of the equipment throughout its intended service life. 
Factors to be considered when selecting the materials for and designing 
the fixed roof and closure devices shall include: organic vapor 
permeability, the effects of any contact with the liquid or its vapors 
managed in the tank; the effects of outdoor exposure to wind, moisture, 
and sunlight; and the operating practices used for the tank on which 
the fixed roof is installed.
    (c) Whenever a regulated-material is in the tank, the fixed roof 
shall be installed with each closure device secured in the closed 
position except as follows:
    (1) Opening of closure devices or removal of the fixed roof is 
allowed at the following times:
    (i) To provide access to the tank for performing routine 
inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample the liquid in the tank, or when a 
worker needs to open a hatch to maintain or repair equipment. Following 
completion of the activity, the owner or operator shall promptly secure 
the closure device in the closed position or reinstall the cover, as 
applicable, to the tank.
    (ii) To remove accumulated sludge or other residues from the bottom 
of tank.
    (2) Opening of a spring-loaded pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which 
vents to the atmosphere is allowed during normal operations for the 
purpose of maintaining the tank internal pressure in accordance with 
the tank design specifications. The device shall be designed to operate 
with no detectable organic emissions when the device is secured in the 
closed position. The settings at which the device opens shall be 
established such that the device remains in the closed position 
whenever the tank internal pressure is within the internal pressure 
operating range determined by the owner or operator based on the tank 
manufacturer recommendations, applicable regulations, fire protection 
and prevention codes, standard engineering codes and practices, or 
other requirements for the safe handling of flammable, combustible, 
explosive, reactive, or hazardous materials. Examples of normal 
operating conditions that may require these devices to open are during 
those times when the container internal pressure exceeds the internal 
pressure operating range for the tank as a result of loading operations 
or diurnal ambient temperature fluctuations.
    (3) Opening of a safety device, as defined in Sec. 63.901 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (d) The owner or operator shall inspect the air emission control 
equipment in accordance with the requirements specified in 
Sec. 63.906(a) of this subpart.


Sec. 63.903  [Reserved]


Sec. 63.904  [Reserved]


Sec. 63.905  Test methods and procedures.

    (a) Procedure for determining no detectable organic emissions for 
the purpose of complying with this subpart.
    (1) The test shall be conducted in accordance with the procedures 
specified in Method 21 of 40 CFR part 60, appendix A. Each potential 
leak interface (i.e., a location where organic vapor leakage could 
occur) on the cover and associated closure devices shall be checked. 
Potential leak interfaces that are associated with covers and closure 
devices include, but are not limited to: the interface of the cover and 
its foundation mounting; the periphery of any opening on the cover and 
its associated closure device; and the sealing seat interface on a 
spring-loaded pressure-relief valve.
    (2) The test shall be performed when the tank contains a material 
having an organic HAP concentration representative of the range of 
concentrations for the regulated-materials expected to be managed in 
the tank. During the test, the cover and closure devices shall be 
secured in the closed position.
    (3) The detection instrument shall meet the performance criteria of 
Method 21 of 40 CFR part 60, appendix A, except the instrument response 
factor criteria in section 3.1.2(a) of Method 21 shall be for the 
average composition of the organic constituents in the regulated-
material placed in the tank, not for each individual organic 
constituent.
    (4) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in Method 21 of 40 CFR part 
60, appendix A.
    (5) Calibration gases shall be as follows:
    (i) Zero air (less than 10 ppmv hydrocarbon in air); and
    (ii) A mixture of methane in air at a concentration less than 
10,000 ppmv.
    (6) The background level shall be determined according to the 
procedures in Method 21 of 40 CFR part 60 appendix A.
    (7) Each potential leak interface shall be checked by traversing 
the instrument probe around the potential leak interface as close to 
the interface as

[[Page 34186]]

possible, as described in Method 21. In the case when the configuration 
of the cover or closure device prevents a complete traverse of the 
interface, all accessible portions of the interface shall be sampled. 
In the case when the configuration of the closure device prevents any 
sampling at the interface and the device is equipped with an enclosed 
extension or horn (e.g., some pressure relief devices), the instrument 
probe inlet shall be placed at approximately the center of the exhaust 
area to the atmosphere.
    (8) The arithmetic difference between the maximum organic 
concentration indicated by the instrument and the background level 
shall be compared with the value of 500 ppmv. If the difference is less 
than 500 ppmv, then the potential leak interface is determined to 
operate with no detectable organic emissions.


Sec. 63.906  Inspection and monitoring requirements.

    (a) Owners and operators that use a tank equipped with a fixed roof 
in accordance with the provisions of Sec. 63.902 of this subpart shall 
meet the following requirements:
    (1) The fixed roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air emissions. Defects include, but are not limited to, 
visible cracks, holes, or gaps in the roof sections or between the roof 
and the tank wall; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices.
    (2) The owner or operator shall perform the inspections following 
installation of the fixed roof and, thereafter, at least once every 
year.
    (3) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of 
paragraph (b) of this section.
    (4) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 63.907 (a) of 
this subpart.
    (b) The owner or operator shall repair all detected defects as 
follows:
    (1) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection and repair shall 
be completed as soon as possible but no later than 45 calendar days 
after detection except as provided in paragraph (b)(2) of this section.
    (2) Repair of a defect may be delayed beyond 45 calendar days if 
the owner or operator determines that repair of the defect requires 
emptying or temporary removal from service of the tank and no 
alternative tank capacity is available at the site to accept the 
regulated-material normally managed in the tank. In this case, the 
owner or operator shall repair the defect the next time the process or 
unit that is generating the regulated-material managed in the tank 
stops operation. Repair of the defect shall be completed before the 
process or unit resumes operation.
    (c) The owner or operator shall maintain a record of the defect 
repair in accordance with the requirements specified in Sec. 63.907(b) 
of this subpart.


Sec. 63.907  Recordkeeping requirements.

    (a) Each owner or operator shall prepare and maintain a record for 
each tank that includes the following information:
    (1) A tank identification number (or other unique identification 
description as selected by the owner or operator).
    (2) A description of the tank dimensions and the tank design 
capacity.
    (3) The date that each inspection required by Sec. 63.906 of this 
subpart is performed.
    (b) The owner or operator shall record the following information 
for each defect detected during inspections required by Sec. 63.906 of 
this subpart: the location of the defect, a description of the defect, 
the date of detection, and corrective action taken to repair the 
defect. In the event that repair of the defect is delayed in accordance 
with the provisions of Sec. 63.907(b)(2) of this section, the owner or 
operator shall also record the reason for the delay and the date that 
completion of repair of the defect is expected.
    6. Part 63 is amended by adding subpart PP consisting of 
Secs. 63.920 through 63.928 to read as follows:

Subpart PP--National Emission Standards for Containers

Sec.
63.920  Applicability.
63.921  Definitions.
63.922  Standards--Container Level 1 controls.
63.923  Standards--Container Level 2 controls.
63.924  Standards--Container Level 3 controls.
63.925  Test methods and procedures.
63.926  Inspection and monitoring requirements.
63.927  Recordkeeping requirements.
63.928  Reporting requirements.

Subpart PP--National Emission Standards for Containers


Sec. 63.920  Applicability.

    The provisions of this subpart apply to the control of air 
emissions from containers for which another subpart of 40 CFR parts 60, 
61, or 63 references the use of this subpart for such air emission 
control. These air emission standards for containers are placed here 
for administrative convenience and only apply to those owners and 
operators of facilities subject to the other subparts that reference 
this subpart. The provisions of 40 CFR Part 63, subpart A--General 
Provisions do not apply to this subpart except as noted in the subpart 
that references this subpart.


Sec. 63.921  Definitions.

    All terms used in this subpart shall have the meaning given to them 
in the Act and in this section. If a term is defined in both this 
section and in another subpart that references the use of this subpart, 
then the definition in this subpart shall take precedence when 
implementing this subpart.
    Container means a portable unit in which a material can be stored, 
transported, treated, disposed of, or otherwise handled. Examples of 
containers include but are not limited to drums, dumpsters, roll-off 
boxes, bulk cargo containers commonly known as ``portable tanks'' or 
``totes,'' cargo tank trucks, and tank railcars.
    Closure device means a cover, cap, hatch, lid, plug, seal, valve, 
or other type of fitting that prevents or reduces air emissions to the 
atmosphere by blocking an opening in a container or its cover when the 
device is secured in the closed position. Closure devices include 
devices that are detachable from the container (e.g., a drum head, a 
threaded plug), manually operated (e.g., a hinged dumpster lid, a truck 
tank hatch), or automatically operated (e.g., a spring loaded pressure 
relief valve).
    Empty container means a container for which either of the following 
conditions exists, as applicable: the regulated-material is a hazardous 
waste and the container meets the conditions for an empty container 
specified in 40 CFR 261.7(b); or all regulated-material has been 
removed from the container except for any regulated-material that 
remains on the interior surfaces of the container as clingage or in 
pools on the container bottom due to irregularities in the container.
    No detectable organic emissions means no escape of organics to the 
atmosphere as determined using the procedure specified in 
Sec. 63.925(a) of this subpart.

[[Page 34187]]

    Regulated-material means the material (e.g. waste, wastewater, off-
site material) required to be managed in containers using air emission 
controls in accordance with the standards specified in this subpart.
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions exclusively to prevent physical damage or permanent 
deformation to a container or its air emission control equipment by 
venting gases or vapors directly to the atmosphere during unsafe 
conditions resulting from an unplanned, accidental, or emergency event. 
For the purpose of this subpart, a safety device is not used for 
routine venting of gases or vapors from the container such as during 
filling of the container or to adjust the internal pressure of the 
container in response to normal daily diurnal ambient temperature 
fluctuations. A safety device is designed to remain in a closed 
position during normal operations and open only when the internal 
pressure, or another relevant parameter, exceeds the device threshold 
setting applicable to the container and its air emission control 
equipment as determined by the owner or operator based on manufacturer 
recommendations, applicable regulations, fire protection and prevention 
codes, standard engineering codes and practices, or other requirements 
for the safe handling of flammable, ignitable, explosive, reactive, or 
hazardous materials.


Sec. 63.922  Standards--Container Level 1 controls.

    (a) This section applies to owners and operators subject to this 
subpart and required to control air emissions from containers using 
Container Level 1 controls.
    (b) A container using Container Level 1 controls is one of the 
following:
    (1) A container that meets the applicable U.S. Department of 
Transportation (DOT) regulations on packaging hazardous materials for 
transportation as specified in paragraph (f) of this section.
    (2) A container equipped with a cover and closure devices that form 
a continuous barrier over the container openings such that when the 
cover and closure devices are secured in the closed position there are 
no visible holes, gaps, or other open spaces into the interior of the 
container. The cover may be a separate cover installed on the container 
(e.g., a lid on a drum, a suitably secured tarp on a roll-off box) or 
may be an integral part of the container structural design (e.g., a 
bulk cargo container equipped with a screw-type cap).
    (3) An open-top container in which an organic vapor-suppressing 
barrier is placed on or over the regulated-material in the container 
such that no regulated-material is exposed to the atmosphere. One 
example of such a barrier is application of a suitable organic-vapor 
suppressing foam.
    (c) A container used to meet the requirements of either paragraph 
(b)(2) or (b)(3) of this section shall be equipped with covers and 
closure devices, as applicable to the container, that are composed of 
suitable materials to minimize exposure of the regulated-material to 
the atmosphere and to maintain the equipment integrity for as long as 
it is in service. Factors to be considered when selecting the materials 
for and designing the cover and closure devices shall include: organic 
vapor permeability, the effects of contact with the material or its 
vapor managed in the container; the effects of outdoor exposure to 
wind, moisture, and sunlight; and the operating practices used for 
container on which the cover is installed.
    (d) Whenever a regulated-material is in a container using Container 
Level 1 controls, the owner or operator shall install all covers and 
closure devices for the container, and secure and maintain each closure 
device in the closed position except as follows:
    (1) Opening of a closure device or cover is allowed for the purpose 
of adding material to the container as follows:
    (i) In the case when the container is filled to the intended final 
level in one continuous operation, the owner or operator shall promptly 
secure the closure devices in the closed position and install the 
covers, as applicable to the container, upon conclusion of the filling 
operation.
    (ii) In the case when discrete quantities or batches of material 
intermittently are added to the container over a period of time, the 
owner or operator shall promptly secure the closure devices in the 
closed position and install covers, as applicable to the container, 
upon either: the container being filled to the intended final level; 
the completion of a batch loading after which no additional material 
will be added to the container within 15 minutes; the person performing 
the loading operation leaves the immediate vicinity of the container; 
or the shutdown of the process generating the material being added to 
the container, whichever condition occurs first.
    (2) Opening of a closure device or cover is allowed for the purpose 
of removing material from the container as follows:
    (i) For the purpose of meeting the requirements of this section, an 
empty container as defined in Sec. 63.921 of this subpart may be open 
to the atmosphere at any time (e.g., covers and closure devices are not 
required to be secured in the closed position on an empty container).
    (ii) In the case when discrete quantities or batches of material 
are removed from the container but the container does not meet the 
conditions to be an empty container as defined in Sec. 63.921 of this 
subpart, the owner or operator shall promptly secure the closure 
devices in the closed position and install covers, as applicable to the 
container, upon the completion of a batch removal after which no 
additional material will be removed from the container within 15 
minutes, or the person performing the unloading operation leaves the 
immediate vicinity of the container, whichever condition occurs first.
    (3) Opening of a closure device or cover is allowed when access 
inside the container is needed to perform routine activities other than 
transfer of regulated-material. Examples of such activities include 
those times when a worker needs to open a port to measure the depth of 
or sample the material in the container, or when a worker needs to open 
a manhole hatch to access equipment inside the container. Following 
completion of the activity, the owner or operator shall promptly secure 
the closure device in the closed position or reinstall the cover, as 
applicable to the container.
    (4) Opening of a spring-loaded pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which 
vents to the atmosphere is allowed during normal operations for the 
purpose of maintaining the container internal pressure in accordance 
with the container design specifications. The device shall be designed 
to operate with no detectable organic emissions when the device is 
secured in the closed position. The settings at which the device opens 
shall be established such that the device remains in the closed 
position whenever the container internal pressure is within the 
internal pressure operating range determined by the owner or operator 
based on container manufacturer recommendations, applicable 
regulations, fire protection and prevention codes, standard engineering 
codes and practices, or other requirements for the safe handling of 
flammable, ignitable, explosive,

[[Page 34188]]

reactive, or hazardous materials. Examples of normal operating 
conditions that may require these devices to open are during those 
times when the container internal pressure exceeds the internal 
pressure operating range for the container as a result of loading 
operations or diurnal ambient temperature fluctuations.
    (5) Opening of a safety device, as defined in Sec. 63.921 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (e) The owner or operator shall inspect containers using Container 
Level 1 controls in accordance with the procedures specified in 
Sec. 63.926(a) of this subpart.
    (f) For the purpose of compliance with paragraph (b)(1) of this 
section, containers shall be used that meet the applicable U.S. DOT 
regulations on packaging hazardous materials for transportation as 
follows:
    (1) The container meets the applicable requirements specified in 49 
CFR part 178--Specifications for Packagings or 49 CFR part 179--
Specifications for Tank Cars.
    (2) Regulated-material is managed in the container in accordance 
with the applicable requirements specified in 49 CFR part 107 subpart 
B--Exemptions; 49 CFR part 172--Hazardous Materials Table, Special 
Provisions, Hazardous Materials Communications, Emergency Response 
Information, and Training Requirements; 49 CFR part 173--Shippers--
General Requirements for Shipments and Packaging; and 49 CFR part 180--
Continuing Qualification and Maintenance of Packagings.
    (3) For the purpose of complying with this subpart, no exceptions 
to the 49 CFR part 178 or part 179 regulations are allowed except as 
provided for in paragraph (f)(4) of this section.
    (4) For a lab pack that is managed in accordance with the 
requirements of 49 CFR part 178 for the purpose of complying with this 
subpart, an owner or operator may comply with the exceptions for those 
packagings specified in 49 CFR 173.12(b).


Sec. 63.923  Standards--Container Level 2 controls.

    (a) This section applies to owners and operators subject to this 
subpart and required to control air emissions from containers using 
Container Level 2 controls.
    (b) A container using Container Level 2 controls is one of the 
following:
    (1) A container that meets the applicable U.S. Department of 
Transportation (DOT) regulations on packaging hazardous materials for 
transportation as specified in paragraph (f) of this section.
    (2) A container that has been demonstrated to operate with no 
detectable organic emissions as defined in Sec. 63.921 of this subpart.
    (3) A container that has been demonstrated within the preceding 12 
months to be vapor-tight by using Method 27 in Appendix A of 40 CFR 
part 60 in accordance with the procedure specified in Sec. 63.925(b) of 
this subpart.
    (c) Transfer of regulated-material in to or out of a container 
using Container Level 2 controls shall be conducted in such a manner as 
to minimize exposure of the regulated-material to the atmosphere, to 
the extent practical, considering the physical properties of the 
regulated-material and good engineering and safety practices for 
handling flammable, ignitable, explosive, or other hazardous materials. 
Examples of container loading procedures that meet the requirements of 
this paragraph include using any one of the following: a submerged-fill 
pipe or other submerged-fill method to load liquids into the container; 
a vapor-balancing system or a vapor-recovery system to collect and 
control the vapors displaced from the container during filling 
operations; or a fitted opening in the top of a container through which 
the regulated-material is filled, with subsequent purging of the 
transfer line before removing it from the container opening.
    (d) Whenever a regulated-material is in a container using Container 
Level 2 controls, the owner or operator shall install all covers and 
closure devices for the container, and secure and maintain each closure 
device in the closed position except as follows:
    (1) Opening of a closure device or cover is allowed for the purpose 
of adding material to the container as follows:
    (i) In the case when the container is filled to the intended final 
level in one continuous operation, the owner or operator shall promptly 
secure the closure devices in the closed position and install the 
covers, as applicable to the container, upon conclusion of the filling 
operation.
    (ii) In the case when discrete quantities or batches of material 
intermittently are added to the container over a period of time, the 
owner or operator shall promptly secure the closure devices in the 
closed position and install covers, as applicable to the container, 
upon either the container being filled to the intended final level, the 
completion of a batch loading after which no additional material will 
be added to the container within 15 minutes, the person performing the 
loading operation leaves the immediate vicinity of the container, or 
the shutdown of the process generating the material being added to the 
container, whichever condition occurs first.
    (2) Opening of a closure device or cover is allowed for the purpose 
of removing material from the container as follows:
    (i) For the purpose of meeting the requirements of this section, an 
empty container as defined in Sec. 63.921 of this subpart may be open 
to the atmosphere at any time (e.g., covers and closure devices are not 
required to be secured in the closed position on an empty container).
    (ii) In the case when discrete quantities or batches of material 
are removed from the container but the container does not meet the 
conditions to be an empty container as defined in Sec. 63.921 of this 
subpart, the owner or operator shall promptly secure the closure 
devices in the closed position and install covers, as applicable to the 
container, upon the completion of a batch removal after which no 
additional material will be removed from the container within 15 
minutes or the person performing the unloading operation leaves the 
immediate vicinity of the container, whichever condition occurs first.
    (3) Opening of a closure device or cover is allowed when access 
inside the container is needed to perform routine activities other than 
transfer of regulated-material. Examples of such activities include 
those times when a worker needs to open a port to measure the depth of 
or sample the material in the container, or when a worker needs to open 
a manhole hatch to access equipment inside the container. Following 
completion of the activity, the owner or operator shall promptly secure 
the closure device in the closed position or reinstall the cover, as 
applicable to the container.
    (4) Opening of a spring-loaded pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which 
vents to the atmosphere is allowed during normal operations for the 
purpose of maintaining the container internal pressure in accordance 
with the container design specifications. The device shall be designed 
to operate with no detectable organic emissions when the device is 
secured in the closed position. The settings at which the device opens 
shall be established such that the device remains in the closed 
position whenever the container internal pressure is within the 
internal

[[Page 34189]]

pressure operating range determined by the owner or operator based on 
container manufacturer recommendations, applicable regulations, fire 
protection and prevention codes, standard engineering codes and 
practices, or other requirements for the safe handling of flammable, 
combustible, explosive, reactive, or hazardous materials. Examples of 
normal operating conditions that may require these devices to open are 
during those times when the container internal pressure exceeds the 
internal pressure operating range for the container as a result of 
loading operations or diurnal ambient temperature fluctuations.
    (5) Opening of a safety device, as defined in Sec. 63.921 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (e) The owner or operator shall inspect containers using Container 
Level 2 controls in accordance with the procedures specified in 
Sec. 63.926(a) of this subpart.
    (f) For the purpose of compliance with paragraph (b)(1) of this 
section, containers shall be used that meet the applicable U.S. DOT 
regulations on packaging hazardous materials for transportation as 
follows:
    (1) The container meets the applicable requirements specified in 49 
CFR part 178--Specifications for Packagings or 49 CFR part 179--
Specifications for Tank Cars.
    (2) Regulated-material is managed in the container in accordance 
with the applicable requirements specified in 49 CFR part 107 subpart 
B--Exemptions; 49 CFR part 172--Hazardous Materials Table, Special 
Provisions, Hazardous Materials Communications, Emergency Response 
Information, and Training Requirements; 49 CFR part 173--Shippers--
General Requirements for Shipments and Packaging; and 49 CFR part 180--
Continuing Qualification and Maintenance of Packagings.
    (3) For the purpose of complying with this subpart, no exceptions 
to the 49 CFR part 178 or part 179 regulations are allowed except as 
provided for in paragraph (f)(4) of this section.
    (4) For a lab pack that is managed in accordance with the 
requirements of 49 CFR part 178 for the purpose of complying with this 
subpart, an owner or operator may comply with the exceptions for those 
packagings specified in 49 CFR 173.12(b).


Sec. 63.924  Standards--Container Level 3 controls.

    (a) This section applies to owners and operators subject to this 
subpart and required to control air emissions from containers using 
Container Level 3 controls.
    (b) A container using Container Level 3 controls is one of the 
following:
    (1) A container that is vented directly through a closed-vent 
system to a control device in accordance with the requirements of 
paragraphs (c)(2) of this section.
    (2) A container that is vented inside an enclosure which is 
exhausted through a closed-vent system to a control device in 
accordance with the requirements of paragraphs (c)(1) and (c)(2) of 
this section.
    (c) The owner or operator shall meet the following requirements as 
applicable to the type of air emission control equipment selected by 
the owner or operator:
    (1) The enclosure shall be designed and operated in accordance with 
the criteria for a permanent total enclosure as specified in 
``Procedure T--Criteria for and Verification of a Permanent or 
Temporary Total Enclosure'' under 40 CFR 52.741, Appendix B. The 
enclosure may have permanent or temporary openings to allow worker 
access; passage of containers through the enclosure by conveyor or 
other mechanical means; entry of permanent mechanical or electrical 
equipment; or to direct airflow into the enclosure. The owner or 
operator shall perform the verification procedure for the enclosure as 
specified in Section 5.0 to ``Procedure T--Criteria for and 
Verification of a Permanent or Temporary Total Enclosure'' initially 
when the enclosure is first installed and, thereafter, annually.
    (2) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of 40 CFR 63.692.
    (d) Safety devices, as defined in Sec. 63.921 of this subpart, may 
be installed and operated as necessary on any container, enclosure, 
closed-vent system, or control device used to comply with this section.


Sec. 63.925  Test methods and procedures.

    (a) Procedure for determining no detectable organic emissions for 
the purpose of complying with of this subpart.
    (1) The test shall be conducted in accordance with the procedures 
specified in Method 21 of 40 CFR part 60, appendix A. Each potential 
leak interface (i.e., a location where organic vapor leakage could 
occur) on the container, its cover, and associated closure devices, as 
applicable to the container, shall be checked. Potential leak 
interfaces that are associated with containers include, but are not 
limited to: the interface of the cover rim and the container wall; the 
periphery of any opening on the container or container cover and its 
associated closure device; and the sealing seat interface on a spring-
loaded pressure-relief valve.
    (2) The test shall be performed when the container filled with a 
material having an organic HAP concentration representative of the 
range of concentrations for the regulated-materials expected to be 
managed in this type of container. During the test, the container cover 
and closure devices shall be secured in the closed position.
    (3) The detection instrument shall meet the performance criteria of 
Method 21 of 40 CFR part 60, appendix A, except the instrument response 
factor criteria in section 3.1.2(a) of Method 21 shall be for the 
average composition of the organic constituents in the material placed 
in the container, not for each individual organic constituent.
    (4) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in Method 21 of 40 CFR part 
60, appendix A.
    (5) Calibration gases shall be as follows:
    (i) Zero air (less than 10 ppmv hydrocarbon in air); and
    (ii) A mixture of methane in air at a concentration of 
approximately, but less than 10,000 ppmv.
    (6) The background level shall be determined according to the 
procedures in Method 21 of 40 CFR part 60 appendix A.
    (7) Each potential leak interface shall be checked by traversing 
the instrument probe around the potential leak interface as close to 
the interface as possible, as described in Method 21. In the case when 
the configuration of the cover or closure device prevents a complete 
traverse of the interface, all accessible portions of the interface 
shall be sampled. In the case when the configuration of the closure 
device prevents any sampling at the interface and the device is 
equipped with an enclosed extension or horn (e.g., some pressure relief 
devices), the instrument probe inlet shall be placed at approximately 
the center of the exhaust area to the atmosphere.
    (8) The arithmetic difference between the maximum organic 
concentration indicated by the instrument and the background level 
shall be compared with the value of 500 ppmv. If the difference is less 
than 500 ppmv, then the potential leak interface is determined to 
operate with no detectable organic emissions.

[[Page 34190]]

    (b) Procedure for determining a container to be vapor-tight for the 
purpose of complying with this subpart.
    (1) The test shall be performed in accordance with Method 27 of 40 
CFR part 60, appendix A of this chapter.
    (2) A pressure measurement device shall be used that has a 
precision of <plus-minus> 2.5 mm water and that is capable of measuring 
above the pressure at which the container is to be tested for vapor 
tightness.
    (3) If the test results determined by Method 27 indicate that the 
container sustains a pressure change less than or equal to 750 Pascals 
within 5 minutes after it is pressurized to a minimum of 4,500 Pascals, 
then the container is determined to be vapor-tight.


Sec. 63.926  Inspection and monitoring requirements.

    (a) Owners and operators of containers using either Container Level 
1 or Container Level 2 controls in accordance with the provisions of 
Secs. 63.922 and 63.923 of this subpart, respectively, shall inspect 
the container and its cover and closure devices as follows:
    (1) In the case when a regulated-material already is in the 
container at the time the owner or operator first accepts possession of 
the container at the facility site and the container is not emptied 
(i.e., does not meet the conditions for an empty container) within 24 
hours after the container arrives at the facility site, the container 
and its cover and closure devices shall be visually inspected by the 
owner or operator to check for visible cracks, holes, gaps, or other 
open spaces into the interior of the container when the cover and 
closure devices are secured in the closed position. If a defect is 
detected, the owner or operator shall repair the defect in accordance 
with the requirements of paragraph (a)(3) of this section.
    (2) In the case when a container used for managing regulated-
material remains at the facility site for a period of 1 year or more, 
the container and its cover and closure devices shall be visually 
inspected by the owner or operator initially and thereafter, at least 
once every 12 months, to check for visible cracks, holes, gaps, or 
other open spaces into the interior of the container when the cover and 
closure devices are secured in the closed position. If a defect is 
detected, the owner or operator shall repair the defect in accordance 
with the requirements of paragraph (a)(3) of this section.
    (3) When a defect is detected for the container, cover, or closure 
devices, the owner or operator shall make first efforts at repair of 
the defect no later than 24 hours after detection and repair shall be 
completed as soon as possible but no later than 5 calendar days after 
detection. If repair of a defect cannot be completed within 5 calendar 
days, then the regulated-material shall be removed from the container 
and the container shall not be used to manage regulated-material until 
the defect is repaired.
    (b) Owners and operators using Container Level 3 controls in 
accordance with the provisions of Sec. 63.924 of this subpart shall 
inspect and monitor the closed-vent systems and control devices in 
accordance with the requirements of Sec. 63.693 in 40 CFR Part 63, 
subpart DD--National Emission Standards for Hazardous Air Pollutants 
from Off-Site Waste and Recovery Operations.


Sec. 63.927  Recordkeeping requirements.

    (a) Owners and operators that use Container Level 3 controls in 
accordance with the provisions of Sec. 63.924 of this subpart shall 
prepare and maintain the following records:
    (1) Records for the most recent set of calculations and 
measurements performed by the owner or operator to verify that the 
enclosure meets the criteria of a permanent total enclosure as 
specified in ``Procedure T--Criteria for and Verification of a 
Permanent or Temporary Total Enclosure'' under 40 CFR 52.741, Appendix 
B.
    (2) Records required for the closed-vent system and control device 
in accordance with the requirements of Sec. 63.693 in 40 CFR Part 63, 
subpart DD--National Emission Standards for Hazardous Air Pollutants 
from Off-Site Waste and Recovery Operations.


Sec. 63.928  Reporting requirements.

    (a) For owners and operators that use Container Level 3 controls in 
accordance with the provisions of Sec. 63.924 of this subpart, the 
owner or operator shall prepare and submit to the Administrator the 
reports required for closed-vent systems and control devices in 
accordance with the requirements of Sec. 63.693 in 40 CFR Part 63, 
subpart DD--National Emission Standards for Hazardous Air Pollutant 
Standards from Off-Site Waste and Recovery Operations.
    7. Part 63 is amended by adding subpart QQ consisting of 
Secs. 63.940 through 63.948 to read as follows:

Subpart QQ--National Emission Standards for Surface Impoundments

Sec.
63.940  Applicability.
63.941  Definitions.
63.942  Standards--Surface impoundment floating membrane cover.
63.943  Standards--Surface impoundment cover vented to control 
device.
63.944  [Reserved]
63.945  Test methods and procedures.
63.946  Inspection and monitoring requirements.
63.947  Recordkeeping requirements.
63.948  Reporting requirements.

Subpart QQ--National Emission Standards for Surface Impoundments


Sec. 63.940  Applicability.

    The provisions of this subpart apply to the control of air 
emissions from surface impoundments for which another subpart of 40 CFR 
parts 60, 61, or 63 references the use of this subpart for such air 
emission control. These air emission standards for surface impoundments 
are placed here for administrative convenience and only apply to those 
owners and operators of facilities subject to the other subparts that 
reference this subpart. The provisions of 40 CFR part 63, subpart AA--
General Provisions do not apply to this subpart except as noted in the 
subpart that references this subpart.


Sec. 63.941  Definitions.

    All terms used in this subpart shall have the meaning given to them 
in the Act and in this section. If a term is defined in both this 
section and in another subpart that references the use of this subpart, 
then the definition in this subpart shall take precedence when 
implementing this subpart.
    Closure device means a cap, hatch, lid, plug, seal, valve, or other 
type of fitting that prevents or reduces air emissions to the 
atmosphere by blocking an opening in a surface impoundment cover when 
the device is secured in the closed position. Closure devices include 
devices that are detachable from the cover (e.g., a sampling port cap), 
manually operated (e.g., a hinged access lid or hatch), or 
automatically operated (e.g., a spring loaded pressure relief valve).
    Cover means an air-supported structure, rigid roof, or other device 
that prevents or reduces air pollutant emissions to the atmosphere by 
forming a continuous barrier over the material managed in a surface 
impoundment. A cover may have openings (such as access hatches) that 
are necessary for operation, inspection, maintenance, and repair of 
equipment in the surface impoundment on which the cover is used.
    No detectable organic emissions means no escape of organics to the 
atmosphere as determined using the procedure specified in 
Sec. 63.944(a) of this subpart.

[[Page 34191]]

    Regulated-material means the material (e.g. waste, wastewater, off-
site material) required to be managed in containers using air emission 
controls in accordance with the standards specified in this subpart.
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions exclusively to prevent physical damage or permanent 
deformation to the surface impoundment air emission control equipment 
by venting gases or vapors directly to the atmosphere during unsafe 
conditions resulting from an unplanned, accidental, or emergency event. 
For the purpose of this subpart, a safety device is not used for 
routine venting of gases or vapors from the vapor headspace underneath 
the surface impoundment cover such as during filling of the surface 
impoundment or to adjust the pressure in this vapor headspace in 
response to normal daily diurnal ambient temperature fluctuations. A 
safety device is designed to remain in a closed position during normal 
operations and open only when the internal pressure, or another 
relevant parameter, exceeds the device threshold setting applicable to 
the air emission control equipment as determined by the owner or 
operator based on manufacturer recommendations, applicable regulations, 
fire protection and prevention codes, standard engineering codes and 
practices, or other requirements for the safe handling of flammable, 
ignitible, explosive, reactive, or hazardous materials.
    Surface impoundment means a unit that is a natural topographical 
depression, man-made excavation, or diked area formed primarily of 
earthen materials (although it may be lined with man-made materials), 
which is designed to hold an accumulation of liquids. Examples of 
surface impoundments include holding, storage, settling, and aeration 
pits, ponds, and lagoons.


Sec. 63.942  Standards--Surface impoundment floating membrane cover.

    (a) This section applies to owners and operators subject to this 
subpart and controlling air emissions from a surface impoundment using 
a floating membrane cover.
    (b) The surface impoundment shall be equipped with a floating 
membrane cover designed to meet the following specifications:
    (1) The floating membrane cover shall be designed to float on the 
liquid surface during normal operations, and form a continuous barrier 
over the entire surface area of the liquid.
    (2) The cover shall be fabricated from a synthetic membrane 
material that is either:
    (i) High density polyethylene (HDPE) with a thickness no less than 
2.5 millimeters (mm); or
    (ii) A material or a composite of different materials determined to 
have both organic permeability properties that are equivalent to those 
of the material listed in paragraph (b)(2)(i) of this section; and 
chemical and physical properties that maintain the material integrity 
for the intended service life of the material.
    (3) The cover shall be installed in a manner such that there are no 
visible cracks, holes, gaps, or other open spaces between cover section 
seams or between the interface of the cover edge and its foundation 
mountings.
    (4) Except as provided for in paragraph (b)(5) of this section, 
each opening in the floating membrane cover shall be equipped with a 
closure device designed to operate such that when the closure device is 
secured in the closed position there are no visible cracks, holes, 
gaps, or other open spaces in the closure device or between the 
perimeter of the cover opening and the closure device.
    (5) The floating membrane cover may be equipped with one or more 
emergency cover drains for removal of stormwater. Each emergency cover 
drain shall be equipped with a slotted membrane fabric cover that 
covers at least 90 percent of the area of the opening or a flexible 
fabric sleeve seal.
    (6) The closure devices shall be made of suitable materials that 
will minimize exposure of the regulated-material to the atmosphere, to 
the extent practical, and will maintain the integrity of the equipment 
throughout its intended service life. Factors to be considered when 
selecting the materials for and designing the cover and closure devices 
shall include: organic vapor permeability; the effects of any contact 
with the liquid and its vapor managed in the surface impoundment; the 
effects of outdoor exposure to wind, moisture, and sunlight; and the 
operating practices used for the surface impoundment on which the 
floating membrane cover is installed.
    (c) Whenever a regulated-material is in the surface impoundment, 
the floating membrane cover shall float on the liquid and each closure 
device shall be secured in the closed position except as follows:
    (1) Opening of closure devices or removal of the cover is allowed 
at the following times:
    (i) To provide access to the surface impoundment for performing 
routine inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample the liquid in the surface 
impoundment, or when a worker needs to open a hatch to maintain or 
repair equipment. Following completion of the activity, the owner or 
operator shall promptly replace the cover and secure the closure device 
in the closed position, as applicable.
    (ii) To remove accumulated sludge or other residues from the bottom 
of surface impoundment.
    (2) Opening of a spring-loaded pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which 
vents to the atmosphere is allowed during normal operations for the 
purpose of maintaining the pressure in the vapor headspace underneath 
the cover in accordance with the cover design specifications. The 
device shall be designed to operate with no detectable organic 
emissions as defined in Sec. 63.941 of this subpart when the device is 
secured in the closed position. The settings at which the device opens 
shall be established such that the device remains in the closed 
position whenever the cover vapor headspace pressure is within the 
pressure operating range determined by the owner or operator based on 
the cover manufacturer recommendations, applicable regulations, fire 
protection and prevention codes, standard engineering codes and 
practices, or other requirements for the safe handling of flammable, 
ignitible, explosive, reactive, or hazardous materials.
    (3) Opening of a safety device, as defined in Sec. 63.941 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (d) The owner or operator shall inspect the floating membrane cover 
in accordance with the procedures specified in Sec. 63.946(a) of this 
subpart.


Sec. 63.943  Standards--Surface impoundment vented to control device.

    (a) This section applies to owners and operators subject to this 
subpart and controlling air emissions from a surface impoundment using 
a cover and venting the vapor headspace underneath the cover through a 
closed-vent system to a control device.
    (b) The surface impoundment shall be covered by a cover and vented 
directly through a closed-vent system to a control device in accordance 
with the following requirements:
    (1) The cover and its closure devices shall be designed to form a 
continuous

[[Page 34192]]

barrier over the entire surface area of the liquid in the surface 
impoundment.
    (2) Each opening in the cover not vented to the control device 
shall be equipped with a closure device. If the pressure in the vapor 
headspace underneath the cover is less than atmospheric pressure when 
the control device is operating, the closure devices shall be designed 
to operate such that when the closure device is secured in the closed 
position there are no visible cracks, holes, gaps, or other open spaces 
in the closure device or between the perimeter of the cover opening and 
the closure device. If the pressure in the vapor headspace underneath 
the cover is equal to or greater than atmospheric pressure when the 
control device is operating, the closure device shall be designed to 
operate with no detectable organic emissions using the procedure 
specified in Sec. 63.945(a) of this subpart.
    (3) The cover and its closure devices shall be made of suitable 
materials that will minimize exposure of the regulated-material to the 
atmosphere, to the extent practical, and will maintain the integrity of 
the equipment throughout its intended service life. Factors to be 
considered when selecting the materials for and designing the cover and 
closure devices shall include: organic vapor permeability; the effects 
of any contact with the liquid or its vapors managed in the surface 
impoundment; the effects of outdoor exposure to wind, moisture, and 
sunlight; and the operating practices used for the surface impoundment 
on which the cover is installed.
    (4) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec. 63.693 in 40 CFR 
part 63, subpart DD--National Emission Standards for Hazardous Air 
Pollutant Standards from Off-Site Waste and Recovery Operations.
    (c) Whenever a regulated-material is in the surface impoundment, 
the cover shall be installed with each closure device secured in the 
closed position and the vapor headspace underneath the cover vented to 
the control device except as follows:
    (1) Venting to the control device is not required, and opening of 
closure devices or removal of the cover is allowed at the following 
times:
    (i) To provide access to the surface impoundment for performing 
routine inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample liquid in the surface 
impoundment, or when a worker needs to open a hatch to maintain or 
repair equipment. Following completion of the activity, the owner or 
operator shall promptly secure the closure device in the closed 
position or reinstall the cover, as applicable, to the surface 
impoundment.
    (ii) To remove accumulated sludge or other residues from the bottom 
of surface impoundment.
    (2) Opening of a safety device, as defined in Sec. 63.941 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (d) The owner or operator shall inspect and monitor the air 
emission control equipment in accordance with the procedures specified 
in Sec. 63.946(b) of this subpart.


Sec. 63.944  [Reserved]


Sec. 63.945  Test methods and procedures.

    (a) Procedure for determining no detectable organic emissions for 
the purpose of complying with this subpart.
    (1) The test shall be conducted in accordance with the procedures 
specified in Method 21 of 40 CFR part 60, appendix A. Each potential 
leak interface (i.e., a location where organic vapor leakage could 
occur) on the cover and associated closure devices shall be checked. 
Potential leak interfaces that are associated with covers and closure 
devices include, but are not limited to: the interface of the cover and 
its foundation mounting; the periphery of any opening on the cover and 
its associated closure device; and the sealing seat interface on a 
spring-loaded pressure-relief valve.
    (2) The test shall be performed when the surface impoundment 
contains a material having an organic HAP concentration representative 
of the range of concentrations for the regulated-materials expected to 
be managed in the surface impoundment. During the test, the cover and 
closure devices shall be secured in the closed position.
    (3) The detection instrument shall meet the performance criteria of 
Method 21 of 40 CFR part 60, appendix A, except the instrument response 
factor criteria in section 3.1.2(a) of Method 21 shall be for the 
average composition of the organic constituents in the regulated-
material placed in the surface impoundment, not for each individual 
organic constituent.
    (4) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in Method 21 of 40 CFR part 
60, appendix A.
    (5) Calibration gases shall be as follows:
    (i) Zero air (less than 10 ppmv hydrocarbon in air); and
    (ii) A mixture of methane in air at a concentration of 
approximately, but less than 10,000 ppmv.
    (6) The background level shall be determined according to the 
procedures in Method 21 of 40 CFR part 60, appendix A.
    (7) Each potential leak interface shall be checked by traversing 
the instrument probe around the potential leak interface as close to 
the interface as possible, as described in Method 21. In the case when 
the configuration of the cover or closure device prevents a complete 
traverse of the interface, all accessible portions of the interface 
shall be sampled. In the case when the configuration of the closure 
device prevents any sampling at the interface and the device is 
equipped with an enclosed extension or horn (e.g., some pressure relief 
devices), the instrument probe inlet shall be placed at approximately 
the center of the exhaust area to the atmosphere.
    (8) The arithmetic difference between the maximum organic 
concentration indicated by the instrument and the background level 
shall be compared with the value of 500 ppmv. If the difference is less 
than 500 ppmv, then the potential leak interface is determined to 
operate with no detectable organic emissions.


Sec. 63.946  Inspection and monitoring requirements.

    (a) Owners and operators that use a surface impoundment equipped 
with a floating membrane cover in accordance with the provisions of 
Sec. 63.942 of this subpart shall meet the following requirements:
    (1) The floating membrane cover and its closure devices shall be 
visually inspected by the owner or operator to check for defects that 
could result in air emissions. Defects include, but are not limited to, 
visible cracks, holes, or gaps in the cover section seams or between 
the interface of the cover edge and its foundation mountings; broken, 
cracked, or otherwise damaged seals or gaskets on closure devices; and 
broken or missing hatches, access covers, caps, or other closure 
devices.
    (2) The owner or operator shall perform the inspections following 
installation of the floating membrane cover and, thereafter, at least 
once every year.
    (3) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of 
paragraph (c) of this section.
    (4) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements

[[Page 34193]]

specified in Sec. 63.947(a)(2) of this subpart.
    (b) Owners and operators that use a surface impoundment equipped 
with a cover and vented through a closed-vent system to a control 
device in accordance with the provisions of Sec. 63.943 of this subpart 
shall inspect the air emission control equipment as follows:
    (1) The owner or operator shall visually inspect the cover in 
accordance with the following requirements:
    (i) The cover and its closure devices shall be visually inspected 
by the owner or operator to check for defects that could result in air 
emissions. Defects include, but are not limited to, visible cracks, 
holes, or gaps in the roof sections or between the interface of the 
roof edge and its foundation mountings; broken, cracked, or otherwise 
damaged seals or gaskets on closure devices; and broken or missing 
hatches, access covers, caps, or other closure devices.
    (ii) The owner or operator shall perform the inspections following 
installation of the cover and, thereafter, at least once every year.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of 
paragraph (c) of this section.
    (iv) The owner or operator shall maintain a record of the 
inspection in accordance with the requirements specified in 
Sec. 63.947(a)(2) of this subpart.
    (2) The owner or operator shall inspect and monitor the closed-vent 
system and the control device in accordance with the requirements 
specified in Sec. 63.693 in 40 CFR part 63 subpart DD--National 
Emission Standards for Hazardous Air Pollutant Standards from Off-Site 
Waste and Recovery Operations.
    (c) The owner or operator shall repair all detected defects as 
follows:
    (1) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection and repair shall 
be completed as soon as possible but no later than 45 calendar days 
after detection except as provided in paragraph (c)(2) of this section.
    (2) Repair of a defect may be delayed beyond 45 calendar days if 
the owner or operator determines that repair of the defect requires 
emptying or temporary removal from service of the surface impoundment 
and no alternative surface impoundment or tank capacity is available at 
the site to accept the regulated-material normally managed in the 
surface impoundment. In this case, the owner or operator shall repair 
the defect at the next time the process or unit that is generating the 
regulated-material managed in the surface impoundment stops operation. 
Repair of the defect shall be completed before the process or unit 
resumes operation.
    (3) The owner or operator shall maintain a record of the defect 
repair in accordance with the requirements specified in Sec. 63.947 of 
this subpart.


Sec. 63.947  Recordkeeping requirements.

    (a) Each owner or operator shall prepare and maintain the following 
records:
    (1) Documentation describing the floating membrane cover or cover 
design, as applicable to the surface impoundment.
    (2) A record for each inspection required by Sec. 63.946 of this 
subpart that includes the following information: a surface impoundment 
identification number (or other unique identification description as 
selected by the owner or operator) and the date of inspection.
    (3) The owner or operator shall record for each defect detected 
during inspections required by Sec. 63.946 of this subpart the 
following information: the location of the defect, a description of the 
defect, the date of detection, and corrective action taken to repair 
the defect. In the event that repair of the defect is delayed in 
accordance with the provisions of Sec. 63.946(c)(2) of this section, 
the owner or operator shall also record the reason for the delay and 
the date that completion of repair of the defect is expected.
    (b) Owners and operators that use a surface impoundment equipped 
with a fixed-roof and vented through a closed-vent system to a control 
device in accordance with the provisions of Sec. 63.943 of this subpart 
shall prepare and maintain the records required for the closed-vent 
system and control device in accordance with the requirements of 
Sec. 63.693 in 40 CFR part 63, subpart DD--National Emission Standards 
for Hazardous Air Pollutant Standards from Off-Site Waste and Recovery 
Operations.


Sec. 63.948  Reporting requirements.

    Owners and operators that use a surface impoundment equipped with a 
fixed-roof and vented through a closed-vent system to a control device 
in accordance with the provisions of Sec. 63.943 of this subpart shall 
prepare and submit to the Administrator the reports required for 
closed-vent systems and control devices in accordance with the 
requirements of Sec. 63.693 in 40 CFR part 63, subpart DD--National 
Emission Standards for Hazardous Air Pollutant Standards from Off-Site 
Waste and Recovery Operations.
    8. Part 63 is amended by adding subpart RR consisting of 
Secs. 63.960 through 63.966 to read as follows:

Subpart RR--National Emission Standards for Individual Drain Systems

Sec.
63.960  Applicability.
63.961  Definitions.
63.962  Standards.
63.963  [Reserved]
63.964  Inspection and monitoring requirements.
63.965  Recordkeeping requirements.
63.966  Reporting requirements.

Subpart RR--National Emission Standards for Individual Drain 
Systems


Sec. 63.960    Applicability.

    (a) The provisions of this subpart apply to the control of air 
emissions from individual drain systems for which another subpart of 40 
CFR parts 60, 61, or 63 references the use of this subpart for such air 
emission control. These air emission standards for individual drain 
systems are placed here for administrative convenience and only apply 
to those owners and operators of facilities subject to the other 
subparts that reference this subpart. The provisions of 40 CFR part 63, 
subpart A--General Provisions do not apply to this subpart except as 
noted in the subpart that references this subpart.


Sec. 63.961  Definitions.

    All terms used in this subpart shall have the meaning given to them 
in the Act and in this section. If a term is defined in both this 
section and in another subpart that references the use of this subpart, 
then the definition in this subpart shall take precedence when 
implementing this subpart.
    Closure device means a cap, cover, hatch, lid, plug, seal, valve, 
or other type of fitting that, when the device is secured in the closed 
position, prevents or reduces air emissions to the atmosphere by 
blocking an opening to the individual drain system. Closure devices 
include devices that are detachable (e.g., a plug or manhole cover), 
manually operated (e.g., a hinged access lid or hatch), or 
automatically operated (e.g., a spring-loaded pressure relief valve).
    Hard-piping means pipe or tubing that is manufactured and properly 
installed in accordance with relevant standards (e.g., ANSI B31-3) and 
good engineering practices.
    Individual drain system means a stationary system used to convey 
wastewater streams or residuals to a waste management unit or to 
discharge or disposal. The term includes hard-piping, all drains and 
junction boxes, together with their associated sewer

[[Page 34194]]

lines and other junction boxes (e.g., manholes, sumps, and lift 
stations) conveying wastewater streams or residuals. For the purpose of 
this subpart, an individual drain system is not a drain and collection 
system that is designed and operated for the sole purpose of collecting 
rainfall runoff (e.g., stormwater sewer system) and is segregated from 
all other individual drain systems.
    Junction box means a sump, manhole, or access point to a sewer line 
or a lift station.
    Sewer line means a lateral, trunk line, branch line, or other 
conduit used to convey wastewater to a downstream waste management 
unit. Sewer lines include pipes, grates, and trenches.
    Waste management unit means the equipment, structure, or device 
used to convey, store, treat, or dispose of wastewater streams or 
residuals. Examples of waste management units include: wastewater 
tanks, surface impoundments, individual drain systems, and biological 
wastewater treatment units. Examples of equipment that may be waste 
management units include containers, air flotation units, oil-water 
separators or organic-water separators, or organic removal devices such 
as decanters, strippers, or thin-film evaporation units.
    Water seal means a seal pot, p-leg trap, or other type of trap 
filled with water (e.g., flooded sewers that maintain liquid levels 
adequate to prevent air flow through the system) that creates a liquid 
barrier between the sewer line and the atmosphere. The liquid level of 
the seal must be maintained in the vertical leg of a drain in order to 
be considered a water seal.


Sec. 63.962  Standards.

    (a) The owner or operator subject to this subpart shall control air 
emissions from the individual drain system using one or a combination 
of the following:
    (1) Covers, water seals, and other air emission control equipment 
as specified in paragraph (b) of this section.
    (2) Hard-piping.
    (3) Venting of the individual drain system through a closed vent 
system to a control device in accordance with the following 
requirements:
    (i) The individual drain system is designed and operated such that 
an internal pressure in the vapor headspace in the system is maintained 
at a level less than atmospheric pressure when the control device is 
operating, and
    (ii) The closed vent system and control device are designed and 
operated in accordance with the requirements of Sec. 63.693 in 40 CFR 
part 63, subpart DD--National Emission Standards for Hazardous Air 
Pollutant Standards from Off-Site Waste and Recovery Operations.
    (b) Owners and operators controlling air emissions from an 
individual drain system in accordance with paragraph (a)(1) of this 
section shall meet the following requirements:
    (1) The individual drain system shall be designed to segregate the 
organic vapors from wastewater managed in the controlled individual 
drain system from entering any other individual drain system that is 
not controlled for air emissions in accordance with the standards 
specified in this subpart.
    (2) Drain control requirements. Each drain shall be equipped with 
either a water seal or a closure device in accordance with the 
following requirements:
    (i) When a water seal is used, the water seal shall be designed 
such that either:
    (A) The outlet to the pipe discharging the wastewater extends below 
the liquid surface in the water seal of the drain; or
    (B) A flexible shield or other device is installed which restricts 
wind motion across the open space between the outlet of the pipe 
discharging the wastewater and the drain.
    (ii) When a closure device is used (e.g., securing a cap or plug on 
a drain that is not receiving wastewater), the closure device shall be 
designed to operate such that when the closure device is secured in the 
closed position there are no visible cracks, holes, gaps, or other open 
spaces in the closure device or between the perimeter of the drain 
opening and the closure device.
    (3) Junction box control requirements. Each junction box shall be 
equipped with controls as follows:
    (i) The junction box shall be equipped with a closure device (e.g., 
manhole cover, access hatch) that is designed to operate such that when 
the closure device is secured in the closed position there are no 
visible cracks, holes, gaps, or other open spaces in the closure device 
or between the perimeter of the junction box opening and the closure 
device.
    (ii) If the junction box is vented, the junction box shall be 
vented in accordance with the following requirements:
    (A) The junction box shall be vented through a closed vent system 
to a control device except as provided for in paragraph (b)(3)(ii)(B) 
of this section. The closed vent system and control device shall be 
designed and operated in accordance in accordance with the standards 
specified in Sec. 63.693 in 40 CFR part 63, subpart DD--National 
Emission Standards for Hazardous Air Pollutant Standards from Off-Site 
Waste and Recovery Operations.
    (B) As an alternative to paragraph (b)(3)(ii)(A) of this section, 
the owner or operator may vent the junction box directly to the 
atmosphere when all of the following conditions are met:
    (1) The junction box is filled and emptied by gravity flow (i.e., 
there is no pump) or is operated with no more than slight fluctuations 
in the liquid level. Large changes in the size of the junction box 
vapor headspace created by using a pump to repeatedly empty and then 
refill the junction box do not meet this condition.
    (2) The vent pipe installed on the junction box shall be at least 
90 centimeters in length and no greater than 10.2 centimeter in 
diameter.
    (3) Water seals are installed at the liquid entrance(s) to or exit 
from the junction box to restrict ventilation in the individual drain 
system and between components in the individual drain system. The owner 
or operator shall demonstrate (e.g., by visual inspection or smoke 
test) upon request by the Administrator that the junction box water 
seal is properly designed and restricts ventilation.
    (4) Sewer line control requirements. Each sewer line shall not be 
open to the atmosphere and shall be covered or closed in a manner such 
that there are no visible cracks, holes, gaps, or other open spaces in 
the sewer line joints, seals, or other emission interfaces.
    (5) Operating requirements. The owner or operator shall operate the 
air emission controls required by paragraphs (b)(2) through (b)(4) of 
this section in accordance with the following requirements:
    (i) Each closure device shall be maintained in a closed position 
whenever wastewater is in the individual drain system except when it is 
necessary to remove or open the closure device for sampling or removing 
material in the individual drain system, or for equipment inspection, 
maintenance, or repair.
    (ii) Each drain equipped with a water seal and open to the 
atmosphere shall be operated to ensure that the liquid in the water 
seal is maintained at the appropriate level. Examples of acceptable 
means for complying with this provision include but are not limited to 
using a flow-monitoring device indicating positive flow from a main to 
a branch water line supplying a trap; continuously dripping water into 
the trap using a hose; or regular visual observations.
    (iii) Each closed-vent system and the control device used to comply 
with paragraph (b)(3)(ii)(A) of this section

[[Page 34195]]

shall be operated in accordance with the standards specified in 40 CFR 
63.693.


Sec. 63.963  [Reserved].


Sec. 63.964  Inspection and monitoring requirements.

    (a) The owner or operator shall inspect the individual drain system 
in accordance with the following requirements:
    (1) The individual drain system shall be visually inspected by the 
owner or operator as follows to check for defects that could result in 
air emissions to the atmosphere.
    (i) The owner or operator shall visually inspect each drain as 
follows:
    (A) In the case when the drain is using a water seal to control air 
emissions, the owner or operator shall verify appropriate liquid levels 
are being maintained and identify any other defects that could reduce 
water seal control effectiveness.
    (B) In the case when the drain is using a closure device to control 
air emissions, the owner or operator shall visually inspect each drain 
to verify that the closure device is in place and there are no defects. 
Defects include, but are not limited to, visible cracks, holes, or gaps 
in the closure devices; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing plugs, caps, or other 
closure devices.
    (ii) The owner or operator shall visually inspect each junction box 
to verify that closure devices are in place and there are no defects. 
Defects include, but are not limited to, visible cracks, holes, or gaps 
in the closure devices; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices.
    (iii) The owner or operator shall visually inspect the unburied 
portion of each sewer line to verify that all closure devices are in 
place and there are no defects. Defects include, but are not limited 
to, visible cracks, holes, gaps, or other open spaces in the sewer line 
joints, seals, or other emission interfaces.
    (iv) The owner or operator shall perform the inspections initially 
at the time of installation of the water seals and closure devices for 
the individual drain system and, thereafter, at least once every year.
    (v) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of 
paragraph (b) of this section.
    (vi) The owner or operator shall maintain a record of the 
inspection in accordance with the requirements specified in 
Sec. 63.965(a) of this subpart.
    (2) The owner or operator shall inspect and monitor the closed-vent 
system and the control device in accordance with the requirements 
specified in Sec. 63.693 in 40 CFR 63 subpart DD--National Emission 
Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery 
Operations.
    (b) The owner or operator shall repair all detected defects as 
follows:
    (1) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection and repair shall 
be completed as soon as possible but no later than 15 calendar days 
after detection except as provided in paragraph (b)(2) of this section.
    (2) Repair of a defect may be delayed beyond 15 calendar days if 
the owner or operator determines that repair of the defect requires 
emptying or temporary removal from service of the individual drain 
system and no alternative capacity is available at the facility site to 
accept the wastewater normally managed in the individual drain system. 
In this case, the owner or operator shall repair the defect at the next 
time the process or unit that is generating the wastewater managed in 
the individual drain system stops operation. Repair of the defect shall 
be completed before the process or unit resumes operation.
    (3) The owner or operator shall maintain a record of the defect 
repair in accordance with the requirements specified in 
Sec. 63.965(a)(3) of this subpart.


Sec. 63.965  Recordkeeping requirements.

    (a) Each owner or operator complying with Sec. 63.962(a)(1) of this 
subpart shall prepare and maintain the following records:
    (1) A written site-specific individual drain system inspection plan 
that includes a drawing or schematic of the individual drain system and 
identifies each drain, junction box, and sewer line location.
    (2) A record of the date that each inspection required by 
Sec. 63.964(a) of this subpart is performed.
    (3) When applicable, a record for each defect detected during 
inspections required by Sec. 63.964(a) of this subpart that includes 
the following information: the location of the defect, a description of 
the defect, the date of detection, the corrective action taken to 
repair the defect, and the date that the corrective action was 
completed. In the event that repair of the defect is delayed in 
accordance with the provisions of Sec. 63.964(b)(2) of this section, 
the owner or operator shall also record the reason for the delay and 
the date that completion of repair of the defect is expected.
    (b) Owners and operators that use a closed-vent system and a 
control device in accordance with the provisions of Sec. 63.962(a)(3) 
or Sec. 63.692(b)(3)(ii)(A) of this subpart shall prepare and maintain 
the records required for the closed-vent system and control device in 
accordance with the requirements of Sec. 63.693 in 40 CFR part 63, 
subpart DD--National Emission Standards for Hazardous Air Pollutants 
from Off-Site Waste and Recovery Operations.


Sec. 63.966  Reporting requirements.

    Owners and operators that use a closed-vent system and a control 
device in accordance with the provisions of Sec. 63.962(a)(3) or 
Sec. 63.962(b)(3)(ii)(A) of this subpart shall prepare and submit to 
the Administrator the reports required for closed-vent systems and 
control devices in accordance with the requirements of Sec. 63.693 in 
40 CFR part 63, subpart DD--National Emission Standards for Hazardous 
Air Pollutants from Off-Site Waste and Recovery Operations.
    9. Part 63 is amended by adding subpart VV consisting of 
Secs. 63.1040 through 63.1049 to read as follows:
Subpart VV--National Emission Standards for Oil-Water Separators and 
Organic-Water Separators
Sec.
63.1040  Applicability.
63.1041  Definitions.
63.1042  Standards--Separator fixed roof.
63.1043  Standards--Separator floating roof.
63.1044  Standards--Separator vented to control device.
63.1045  [Reserved]
63.1046  Test methods and procedures.
63.1047  Inspection and monitoring requirements.
63.1048  Recordkeeping requirements.
63.1049  Reporting requirements.

Subpart VV--National Emission Standards for Oil-Water Separators 
and Organic-Water Separators


63.1040  Applicability.

    The provisions of this subpart apply to the control of air 
emissions from oil-water separators and organic-water separators for 
which another subpart of 40 CFR parts 60, 61, or 63 references the use 
of this subpart for such air emission control. These air emission 
standards for oil-water separators and organic-water separators are 
placed here for administrative convenience and only apply to those 
owners and operators of facilities subject to the other subparts that 
reference this subpart. The provisions of 40 CFR part 63, subpart

[[Page 34196]]

A--General Provisions do not apply to this subpart except as noted in 
the subpart that references this subpart.


Sec. 63.1041  Definitions.

    All terms used in this subpart shall have the meaning given to them 
in the Act and in this section. If a term is defined in both this 
section and in another subpart that references the use of this subpart, 
then the definition in this subpart shall take precedence when 
implementing this subpart.
    Closure device means a cap, hatch, lid, plug, seal, valve, or other 
type of fitting that, when the device is secured in the closed 
position, prevents or reduces air emissions to the atmosphere by 
blocking an opening in a fixed roof or floating roof. Closure devices 
include devices that are detachable from the cover (e.g., a sampling 
port cap), manually operated (e.g., a hinged access lid or hatch), or 
automatically operated (e.g., a spring-loaded pressure relief valve).
    Continuous seal means a seal that forms a continuous closure that 
completely covers the space between the edge of the floating roof and 
the wall of a separator. A continuous seal may be constructed of 
fastened segments so as to form a continuous seal.
    Fixed roof means a cover that is mounted on a separator in a 
stationary position and does not move with fluctuations in the level of 
the liquid managed in the separator.
    Floating roof means a pontoon-type or double-deck type cover that 
rests upon and is supported by the liquid managed in a separator.
    Liquid-mounted seal means a foam- or liquid-filled continuous seal 
that is mounted between the wall of the separator and the floating 
roof, and the seal is in contact with the liquid in a separator.
    Oil-water separator means a separator as defined for this subpart 
that is used to separate oil from water.
    Organic-water separator means a separator as defined for this 
subpart that is used to separate organics from water.
    Metallic shoe seal means a continuous seal that is constructed of 
metal sheets which are held vertically against the wall of the 
separator by springs, weighted levers, or other mechanisms and is 
connected to the floating roof by braces or other means. A flexible 
coated fabric (envelope) spans the annular space between the metal 
sheet and the floating roof.
    No detectable organic emissions means no escape of organics to the 
atmosphere as determined using the procedure specified in 
Sec. 63.1046(a) of this subpart.
    Regulated-material means the material (e.g. waste, wastewater, off-
site material) required to be managed in separators using air emission 
controls in accordance with the standards specified in this subpart.
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions exclusively to prevent physical damage or permanent 
deformation to the separator air emission control equipment by venting 
gases or vapors directly to the atmosphere during unsafe conditions 
resulting from an unplanned, accidental, or emergency event. For the 
purpose of this subpart, a safety device is not used for routine 
venting of gases or vapors from the vapor headspace underneath the 
separator cover. A safety device is designed to remain in a closed 
position during normal operations and open only when the internal 
pressure, or another relevant parameter, exceeds the device threshold 
setting applicable to the air emission control equipment as determined 
by the owner or operator based on manufacturer recommendations, 
applicable regulations, fire protection and prevention codes, standard 
engineering codes and practices, or other requirements for the safe 
handling of flammable, ignitable, explosive, reactive, or hazardous 
materials.
    Separator means a waste management unit, generally a tank, that is 
used to separate oil or organics from water. A separator consists of 
not only the separation unit but also the forebay and other separator 
basins, skimmers, weirs, grit chambers, sludge hoppers, and bar screens 
that are located directly after the individual drain system and prior 
to any additional treatment units such as an air flotation unit 
clarifier or biological treatment unit. Examples of a separator include 
an API separator, parallel-plate interceptor, and corrugated-plate 
interceptor with the associated ancillary equipment.


Sec. 63.1042  Standards--Separator fixed roof.

    (a) This section applies to owners and operators subject to this 
subpart and controlling air emissions from an oil-water separator or 
organic-water separator using a fixed roof.
    (b) The separator shall be equipped with a fixed roof designed to 
meet the following specifications:
    (1) The fixed roof and its closure devices shall be designed to 
form a continuous barrier over the entire surface area of the liquid in 
the separator.
    (2) The fixed roof shall be installed in a manner such that there 
are no visible cracks, holes, gaps, or other open spaces between roof 
section joints or between the interface of the roof edge and the 
separator wall.
    (3) Each opening in the fixed roof shall be equipped with a closure 
device designed to operate such that when the closure device is secured 
in the closed position there are no visible cracks, holes, gaps, or 
other open spaces in the closure device or between the perimeter of the 
opening and the closure device.
    (4) The fixed roof and its closure devices shall be made of 
suitable materials that will minimize exposure of the regulated-
material to the atmosphere, to the extent practical, and will maintain 
the integrity of the equipment throughout its intended service life. 
Factors to be considered when selecting the materials for and designing 
the fixed roof and closure devices shall include: organic vapor 
permeability; the effects of any contact with the liquid and its vapors 
managed in the separator; the effects of outdoor exposure to wind, 
moisture, and sunlight; and the operating practices used for the 
separator on which the fixed roof is installed.
    (c) Whenever a regulated-material is in the separator, the fixed 
roof shall be installed with each closure device secured in the closed 
position except as follows:
    (1) Opening of closure devices or removal of the fixed roof is 
allowed at the following times:
    (i) To provide access to the separator for performing routine 
inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample the liquid in the separator, or 
when a worker needs to open a hatch to maintain or repair equipment. 
Following completion of the activity, the owner or operator shall 
promptly secure the closure device in the closed position or reinstall 
the cover, as applicable, to the separator.
    (ii) To remove accumulated sludge or other residues from the bottom 
of separator.
    (2) Opening of a spring-loaded pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which 
vents to the atmosphere is allowed during normal operations for the 
purpose of maintaining the pressure in vapor headspace underneath the 
fixed roof in accordance with the separator design specifications. The 
device shall be designed to operate with no detectable organic 
emissions, as determined using the procedure specified in 
Sec. 63.1046(a) of this subpart, when the device is

[[Page 34197]]

secured in the closed position. The settings at which the device opens 
shall be established such that the device remains in the closed 
position whenever the pressure in the vapor headspace underneath the 
fixed roof is within the pressure operating range determined by the 
owner or operator based on the cover manufacturer recommendations, 
applicable regulations, fire protection and prevention codes, standard 
engineering codes and practices, or other requirements for the safe 
handling of flammable, ignitable, explosive, reactive, or hazardous 
materials.
    (3) Opening of a safety device, as defined in Sec. 63.1041 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (d) The owner or operator shall inspect the fixed roof and any 
closure devices in accordance with the requirements specified in 
Sec. 63.1047(a) of this subpart.


Sec. 63.1043  Standards--Separator floating roof.

    (a) This section applies to owners and operators subject to this 
subpart and controlling air emissions from an oil-water separator or 
organic-water separator using a floating roof.
    (b) The separator shall be equipped with a floating roof designed 
to meet the following specifications:
    (1) The floating roof shall be designed to float on the liquid 
surface during normal operations.
    (2) The floating roof shall be equipped with two continuous seals, 
one above the other, between the wall of the separator and the roof 
edge. The lower seal is referred to as the primary seal, and the upper 
seal is referred to as the secondary seal.
    (i) The primary seal shall be a liquid-mounted seal or a metallic 
shoe seal, as defined in Sec. 63.1041 of this subpart. The total area 
of the gaps between the separator wall and the primary seal shall not 
exceed 67 square centimeters (cm<SUP>2) per meter of separator wall 
perimeter, and the width of any portion of these gaps shall not exceed 
3.8 centimeters (cm).
    (ii) The secondary seal shall be mounted above the primary seal and 
cover the annular space between the floating roof and the wall of the 
separator. The total area of the gaps between the separator wall and 
the secondary seal shall not exceed 6.7 square centimeters (cm<SUP>2) 
per meter of separator wall perimeter, and the width of any portion of 
these gaps shall not exceed 1.3 centimeters (cm).
    (3) Except as provided for in paragraph (b)(4) of this section, 
each opening in the floating roof shall be equipped with a closure 
device designed to operate such that when the closure device is secured 
in the closed position there are no visible cracks, holes, gaps, or 
other open spaces in the closure device or between the perimeter of the 
cover opening and the closure device.
    (4) The floating roof may be equipped with one or more emergency 
roof drains for removal of stormwater. Each emergency roof drain shall 
be equipped with a slotted membrane fabric cover that covers at least 
90 percent of the area of the opening or a flexible fabric sleeve seal.
    (c) Whenever a regulated-material is in the separator, the floating 
roof shall float on the liquid (i.e., off the roof supports) and each 
closure device shall be secured in the closed position except as 
follows:
    (1) Opening of closure devices is allowed at the following times:
    (i) To provide access to the separator for performing routine 
inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample the liquid in the separator, or 
when a worker needs to open a hatch to maintain or repair equipment. 
Following completion of the activity, the owner or operator shall 
promptly secure the closure device in the closed position.
    (ii) To remove accumulated sludge or other residues from the bottom 
of separator.
    (2) Opening of a safety device, as defined in Sec. 63.1041 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (d) The owner or operator shall inspect the floating roof in 
accordance with the procedures specified in Sec. 63.1047(b) of this 
subpart.


Sec. 63.1044  Standards--Separator vented to control device.

    (a) This section applies to owners and operators controlling air 
emissions from an oil-water or organic-water separator using a fixed 
roof and venting the vapor headspace underneath the fixed roof through 
a closed-vent system to a control device.
    (b) The separator shall be covered by a fixed roof and vented 
directly through a closed-vent system to a control device in accordance 
with the following requirements:
    (1) The fixed roof and its closure devices shall be designed to 
form a continuous barrier over the entire surface area of the liquid in 
the separator.
    (2) Each opening in the fixed roof not vented to the control device 
shall be equipped with a closure device. If the pressure in the vapor 
headspace underneath the fixed roof is less than atmospheric pressure 
when the control device is operating, the closure devices shall be 
designed to operate such that when the closure device is secured in the 
closed position there are no visible cracks, holes, gaps, or other open 
spaces in the closure device or between the perimeter of the cover 
opening and the closure device. If the pressure in the vapor headspace 
underneath the fixed roof is equal to or greater than atmospheric 
pressure when the control device is operating, the closure device shall 
be designed to operate with no detectable organic emissions, as 
determined using the procedure specified in Sec. 63.1046(a) of this 
subpart.
    (3) The fixed roof and its closure devices shall be made of 
suitable materials that will minimize exposure of the regulated-
material to the atmosphere, to the extent practical, and will maintain 
the integrity of the equipment throughout its intended service life. 
Factors to be considered when selecting the materials for and designing 
the fixed roof and closure devices shall include: organic vapor 
permeability; the effects of any contact with the liquid or its vapors 
managed in the separator; the effects of outdoor exposure to wind, 
moisture, and sunlight; and the operating practices used for the 
separator on which the fixed roof is installed.
    (4) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec. 63.693 in 40 CFR 
part 63, subpart DD--National Emission Standards for Hazardous Air 
Pollutants from Off-Site Waste and Recovery Operations.
    (c) Whenever a regulated-material is in the separator, the fixed 
roof shall be installed with each closure device secured in the closed 
position and the vapor headspace underneath the fixed roof vented to 
the control device except as follows:
    (1) Venting to the control device is not required, and opening of 
closure devices or removal of the fixed roof is allowed at the 
following times:
    (i) To provide access to the separator for performing routine 
inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample liquid in the separator, or when 
a worker needs to open a hatch to maintain or repair equipment. 
Following completion of the activity,

[[Page 34198]]

the owner or operator shall promptly secure the closure device in the 
closed position or reinstall the cover, as applicable, to the 
separator.
    (ii) To remove accumulated sludge or other residues from the bottom 
of separator.
    (2) Opening of a safety device, as defined in Sec. 63.1041 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (d) The owner or operator shall inspect and monitor the air 
emission control equipment in accordance with the procedures specified 
in Sec. 63.1047(c) of this subpart.


Sec. 63.1045  [Reserved]


Sec. 63.1046  Test methods and procedures.

    (a) Procedure for determining no detectable organic emissions for 
the purpose of complying with this subpart.
    (1) The test shall be conducted in accordance with the procedures 
specified in Method 21 of 40 CFR part 60, appendix A. Each potential 
leak interface (i.e., a location where organic vapor leakage could 
occur) on the cover and associated closure devices shall be checked. 
Potential leak interfaces that are associated with covers and closure 
devices include, but are not limited to: the interface of the cover and 
its foundation mounting; the periphery of any opening on the cover and 
its associated closure device; and the sealing seat interface on a 
spring-loaded pressure-relief valve.
    (2) The test shall be performed when the separator contains a 
material having an organic HAP concentration representative of the 
range of concentrations for the regulated-materials expected to be 
managed in the separator. During the test, the cover and closure 
devices shall be secured in the closed position.
    (3) The detection instrument shall meet the performance criteria of 
Method 21 of 40 CFR part 60, appendix A, except the instrument response 
factor criteria in section 3.1.2(a) of Method 21 shall be for the 
average composition of the organic constituents in the regulated-
material placed in the separator, not for each individual organic 
constituent.
    (4) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in Method 21 of 40 CFR part 
60, appendix A.
    (5) Calibration gases shall be as follows:
    (i) Zero air (less than 10 ppmv hydrocarbon in air); and
    (ii) A mixture of methane in air at a concentration of 
approximately, but less than, 10,000 ppmv.
    (6) The background level shall be determined according to the 
procedures in Method 21 of 40 CFR part 60 appendix A.
    (7) Each potential leak interface shall be checked by traversing 
the instrument probe around the potential leak interface as close to 
the interface as possible, as described in Method 21. In the case when 
the configuration of the cover or closure device prevents a complete 
traverse of the interface, all accessible portions of the interface 
shall be sampled. In the case when the configuration of the closure 
device prevents any sampling at the interface and the device is 
equipped with an enclosed extension or horn (e.g., some pressure relief 
devices), the instrument probe inlet shall be placed at approximately 
the center of the exhaust area to the atmosphere.
    (8) The arithmetic difference between the maximum organic 
concentration indicated by the instrument and the background level 
shall be compared with the value of 500 ppmv. If the difference is less 
than 500 ppmv, then the potential leak interface is determined to 
operate with no detectable organic emissions.
    (b) Procedure for performing floating roof seal gap measurements 
for the purpose of complying with this subpart.
    (1) The owner or operator shall determine the total surface area of 
gaps in the primary seal and in the secondary seal individually.
    (2) The seal gap measurements shall be performed at one or more 
floating roof levels when the roof is floating off the roof supports.
    (3) Seal gaps, if any, shall be measured around the entire 
perimeter of the floating roof in each place where a 0.32-centimeter 
(cm) diameter uniform probe passes freely (without forcing or binding 
against the seal) between the seal and the wall of the separator and 
measure the circumferential distance of each such location.
    (4) For a seal gap measured under paragraph (b)(2) of this section, 
the gap surface area shall be determined by using probes of various 
widths to measure accurately the actual distance from the separator 
wall to the seal and multiplying each such width by its respective 
circumferential distance.
    (5) The total gap area shall be calculated by adding the gap 
surface areas determined for each identified gap location for the 
primary seal and the secondary seal individually, and then dividing the 
sum for each seal type by the nominal perimeter of the separator basin. 
These total gap areas for the primary seal and secondary seal then are 
compared to the respective standards for the seal type as specified in 
Sec. 63.1043(b)(2) of this subpart.


Sec. 63.1047  Inspection and monitoring requirements.

    (a) Owners and operators that use a separator equipped with a fixed 
roof in accordance with the provisions of Sec. 63.1042 of this subpart 
shall meet the following requirements:
    (1) The fixed roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air emissions to the atmosphere. Defects include, but are not 
limited to, visible cracks, holes, or gaps in the roof sections or 
between the roof and the separator wall; broken, cracked, or otherwise 
damaged seals or gaskets on closure devices; and broken or missing 
hatches, access covers, caps, or other closure devices.
    (2) The owner or operator shall perform the inspections following 
installation of the fixed roof and, thereafter, at least once every 
year.
    (3) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of 
paragraph (d) of this section.
    (4) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 63.1048(a)(2) of 
this subpart.
    (b) Owners and operators that use a separator equipped with a 
floating roof in accordance with the provisions of Sec. 63.1043 of this 
subpart shall meet the following requirements:
    (1) The owner or operator shall measure the floating roof seal gaps 
using the procedure specified in Sec. 63.1046(b) of this subpart in 
accordance with the following requirements:
    (i) The owner or operator shall perform measurements of gaps 
between the separator wall and the primary seal within 60 days after 
initial operation of the separator following installation of the 
floating roof and, thereafter, at least once every 5 years.
    (ii) The owner or operator shall perform measurements of gaps 
between the separator wall and the secondary seal within 60 days after 
initial operation of the separator following installation of the 
floating roof and, thereafter, at least once every year.
    (iii) If a separator ceases to hold regulated-material for a period 
of 1 year or more, subsequent introduction of regulated-material into 
the separator shall be considered an initial operation for the purpose 
of complying with paragraphs (b)(1)(i) and (b)(1)(ii) of this section.

[[Page 34199]]

    (iv) In the event that the seal gap measurements do not conform to 
the specifications in Sec. 63.1043(b)(2) of this subpart, the owner or 
operator shall repair the defect in accordance with the requirements of 
paragraph (d) of this section.
    (v) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 63.1048 (a)(2) 
and (b) of this subpart.
    (2) The owner or operator shall visually inspect the floating roof 
in accordance with the following requirements:
    (i) The floating roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air emissions to the atmosphere. Defects include, but are not 
limited to: holes, tears, or other openings in the rim seal or seal 
fabric of the floating roof; a rim seal detached from the floating 
roof; all or a portion of the floating roof deck being submerged below 
the surface of the liquid in the separator; broken, cracked, or 
otherwise damaged seals or gaskets on closure devices; and broken or 
missing hatches, access covers, caps, or other closure devices.
    (ii) The owner or operator shall perform the inspections following 
installation of the floating roof and, thereafter, at least once every 
year.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of 
paragraph (d) of this section.
    (iv) The owner or operator shall maintain a record of the 
inspection in accordance with the requirements specified in 
Sec. 63.1048(a)(2) of this subpart.
    (c) Owners and operators that use a separator equipped with a fixed 
roof and vented through a closed-vent system to a control device in 
accordance with the provisions of Sec. 63.1044 of this subpart shall 
inspect the air emission control equipment as follows:
    (1) The owner or operator shall visually inspect the fixed roof in 
accordance with the following requirements:
    (i) The fixed roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air emissions. Defects include, but are not limited to, 
visible cracks, holes, or gaps in the roof sections or between the roof 
and the separator wall; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices.
    (ii) The owner or operator shall perform the inspections following 
installation of the fixed roof and, thereafter, at least once every 
year.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of 
paragraph (d) of this section.
    (iv) The owner or operator shall maintain a record of the 
inspection in accordance with the requirements specified in 
Sec. 63.1048(a)(2) of this subpart.
    (2) The owner or operator shall inspect and monitor the closed-vent 
system and the control device in accordance with the requirements 
specified in Sec. 63.693 in 40 CFR 63 subpart DD--National Emission 
Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery 
Operations.
    (d) The owner or operator shall repair all detected defects as 
follows:
    (1) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection and repair shall 
be completed as soon as possible but no later than 45 calendar days 
after detection except as provided in paragraph (d)(2) of this section.
    (2) Repair of a defect may be delayed beyond 45 calendar days if 
the owner or operator determines that repair of the defect requires 
emptying or temporary removal from service of the separator and no 
alternative treatment capacity is available at the facility site to 
accept the regulated-material normally treated in the separator. In 
this case, the owner or operator shall repair the defect at the next 
time the process or unit that is generating the regulated-material 
managed in the separator stops operation. Repair of the defect shall be 
completed before the process or unit resumes operation.
    (3) The owner or operator shall maintain a record of the defect 
repair in accordance with the requirements specified in 
Sec. 63.1048(a)(3) of this subpart.


Sec. 63.1048  Recordkeeping requirements.

    (a) Each owner or operator shall prepare and maintain the following 
records:
    (1) Documentation describing the design of each floating roof and 
fixed roof installed on a separator, as applicable to the separator. 
When a floating roof is used, the documentation shall include the 
dimensions of the separator bay or section in which the floating roof 
is installed.
    (2) A record for each inspection required by Sec. 63.1047 of this 
subpart that includes the following information: a separator 
identification number (or other unique identification description as 
selected by the owner or operator) and the date of inspection.
    (3) The owner or operator shall record for each defect detected 
during inspections required by Sec. 63.1047 of this subpart the 
following information: the location of the defect, a description of the 
defect, the date of detection, and corrective action taken to repair 
the defect. In the event that repair of the defect is delayed in 
accordance with the provisions of Sec. 63.1047(d)(2) of this section, 
the owner or operator shall also record the reason for the delay and 
the date that completion of repair of the defect is expected.
    (b) Owners and operators that use a separator equipped with a 
floating roof in accordance with the provisions of Sec. 63.1043 of this 
subpart shall prepare and maintain records for each inspection required 
by Sec. 63.1047(b)(1) describing the results of the seal gap 
measurements. The records shall include the date of the measurements 
performed, the raw data obtained for the measurements, and the 
calculations of the total gap surface area. In the event that the seal 
gap measurements do not conform to the specifications in 
Sec. 63.1043(b)(2) of this subpart, the records shall include a 
description of the repairs that were made, the date the repairs were 
made, and the date the separator was emptied, if necessary.
    (c) Owners and operators that use a separator equipped with a 
fixed-roof and vented through a closed-vent system to a control device 
in accordance with the provisions of Sec. 63.1044 of this subpart shall 
prepare and maintain the records required for the closed-vent system 
and control device in accordance with the requirements of Sec. 63.693 
in 40 CFR 63 subpart DD--National Emission Standards for Hazardous Air 
Pollutants from Off-Site Waste and Recovery Operations.


Sec. 63.1049  Reporting requirements.

    (a) Owners and operators that use a separator equipped with a 
floating roof in accordance with the provisions of Sec. 63.1043 of this 
subpart shall notify the Administrator at least 30 calendar days prior 
to each seal gap measurement inspection performed to comply with the 
requirements in Sec. 63.1047(b)(1) of this subpart.
    (b) Owners and operators that use a separator equipped with a 
fixed-roof and vented through a closed-vent system to a control device 
in accordance with the provisions of Sec. 63.1044 of this subpart shall 
prepare and submit to the Administrator the reports required for

[[Page 34200]]

closed-vent systems and control devices in accordance with the 
requirements of Sec. 63.693 in 40 CFR 63 subpart DD--National Emission 
Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery 
Operations.
    10. Part 63 is amended by adding appendix D to read as follows:

Appendix D to Part 63--Alternative Validation Procedure for EPA Waste 
and Wastewater Methods

1. Applicability

    This procedure is to be applied exclusively to Environmental 
Protection Agency methods developed by the Office of Water and the 
Office of Solid Waste. Alternative methods developed by any other 
group or agency shall be validated according to the procedures in 
Sections 5.1 and 5.3 of Test Method 301, 40 CFR Part 63, Appendix A. 
For the purposes of this appendix, ``waste'' means waste and 
wastewater.

2. Procedure

    This procedure shall be applied once for each waste matrix. 
Waste matrix in the context of this procedure refers to the target 
compound mixture in the waste as well as the formulation of the 
medium in which the target compounds are suspended. The owner or 
operator shall prepare a sampling plan. Wastewater samples shall be 
collected using sampling procedures which minimize loss of organic 
compounds during sample collection and analysis and maintain sample 
integrity. The sample plan shall include procedures for determining 
recovery efficiency of the relevant compounds regulated in the 
applicable subpart. An example of an acceptable sampling plan would 
be one that incorporates similar sampling and sample handling 
requirements to those of Method 25D of 40 CFR part 60, appendix A.

2.1. Sampling and Analysis

    2.1.1. For each waste matrix, collect twice the number of 
samples required by the applicable regulation. Designate and label 
half the sample vials the ``spiked'' sample set, and the other half 
the ``unspiked'' sample set. Immediately before or immediately after 
sampling (immediately after in the context of this procedure means 
after placing the sample into the sample vial, but before the sample 
is capped, cooled, and shipped to the laboratory for analysis), 
inject, either individually or as a solution, all the target 
compounds into each spiked sample.
    2.1.2. The mass of each spiked compound shall be 40 to 60 
percent of the mass expected to be present in the waste matrix. If 
the concentration of the target compounds in the waste are not 
known, the mass of each spiked compound shall be 40 to 60 percent of 
the limit allowed in the applicable regulation. Analyze both sets of 
samples (spiked and unspiked) with the chosen method.

3. Calculations

    For each pair of spiked and unspiked samples, determine the 
fraction of spiked compound recovered (R) using the following 
equations.

where:
m<INF>r = mass spiked compound measured (<greek-m>g).
m<INF>s = total mass of compound measured in spiked sample 
(<greek-m>g).
m<INF>u = total mass of compound measured in unspiked sample 
(<greek-m>g).

where:
S = theoretical mass of compound spiked into spiked sample 
(<greek-m>g).

3.1.  Method Evaluation

    In order for the chosen method to be acceptable for a compound, 
0.70<ls-thn-eq>R<ls-thn-eq>1.30 (R in this case is an average value 
of all the spiked and unspiked sample set R values). If the average 
R value does not meet this criterion for a target compound, the 
chosen method is not acceptable for that compound, and therefore 
another method shall be evaluated for acceptance (by repeating the 
procedures outlined above with another method).

3.2.  Records and Reports

    Report the average R value in the test report and correct all 
reported measurements made with the method with the calculated R 
value for that compound by using the following equation:
[GRAPHIC] [TIFF OMITTED] TR01JY96.048

3.3.  Optional Correction Step

    If the applicable regulation allows for correction of the mass 
of the compound in the waste by a published f<INF>m value, multiply 
the reported result calculated above with the appropriate f<INF>m 
value for that compound.

[FR Doc. 96-16576 Filed 6-28-96; 8:45 am]
BILLING CODE 6560-50-P