34140 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

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, oilwater 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.
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations 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 § 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
34142 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

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 OffSite 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

§ 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 OffSite 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
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations 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
34144 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

HAP. Waste management and recovery

operations receiving materials from offsite 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 rerefining 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.
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations 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 OffSite 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 offsite 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 offsite 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 organicwater separators, individual drain

systems and other stationary material

conveyance systems used to manage offsite 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 vacuumproducing systems) or by processrelated 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.
34146 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

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 offsite 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 offsite 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 Offsite 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 OffSite Waste and Recovery Operations

NESHAP, and changes that the EPA

anticipates making for other waste and

wastewater related rules. The EPA
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations 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 costeffective. 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
34148 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

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 unitspecific 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.
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations 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 OffSite 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
34150 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

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 OffSite 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 OffSite 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
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations 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 OffSite 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 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 knowledgeof-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 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
34152 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

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 OffSite 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
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations 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 § 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 OffSite 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, openended 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, ocresol, dibutylphthalate, 1,1-
34154 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

dimethylhydrazine, formaldehyde,

methyl hydrazine, and nnitrosodimethylamine.

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 OffSite Waste and Recovery Operations

NESHAP establishes two levels of air

emission control for tanks managing offsite 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 m3 (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 m3.

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 offsite 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 OrganicWater 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
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations 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 m3 (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

m3 and less than or equal to 0.46 m3

(approximately 119 gallons); and (2)

containers with a design capacity

greater than 0.46 m3 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 m3

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 °C, and

the total concentration of the pure

components having a vapor pressure

greater than 0.3 kPa at 20 °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 m3 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 submergedfill pipe or other submerged-fill method

to load liquids into the container; or

using a vapor-balancing or a vaporrecovery 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
34156 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

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 OffSite 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

(§ 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
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations 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 sales—compared

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 §§ 63.680

through 63.698 to read as follows:
34158 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

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 organicwater 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

§ 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 offsite 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 offsite 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 rerefines 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 § 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 § 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

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

§§ 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 offsite 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.

§ 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
34160 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

or disposal. The term includes hardpiping, 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 °C; and the total

concentration of the pure organic

constituents having a vapor pressure

greater than 0.3 kPa at 20 °C is equal to

or greater than 20 percent by weight.

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 calendarmonth average temperature of the offsite material when the off-site material

is stored at temperatures above the

ambient temperature or when the offsite 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 § 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 § 63.694(k) of

this subpart.

Off-site material means a material that

meets all of the criteria specified in

paragraph § 63.680(b)(1) of this subpart

but is not one of the materials specified

in § 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 offsite 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 § 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 § 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 rerefined 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
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations 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, liquidmounted, 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 ±1 percent of the

temperature being monitored expressed

in degrees Celsius (°C) or ±1.2 degrees

°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 offsite material. For the purpose of this

subpart, VOHAP concentration is

determined in accordance with the test

methods and procedures specified in

§ 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.

§ 63.682 [Reserved]

§ 63.683 Standards: General.

(a) This section applies to owners and

operators of affected sources as defined

in § 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 §§ 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 § 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 § 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 § 63.690 of this subpart.
34162 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

(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

§ 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 § 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 (Rbio) for the process is equal

to or greater than 95 percent. The HAP

reduction efficiency (R) shall be

determined using the procedure

specified in § 63.694(g) of this subpart.

The HAP biodegradation efficiency

(Rbio) shall be determined in accordance

with the requirements of § 63.694(h) of

this subpart.

(ii) The total actual HAP mass

removal rate (MRbio) as determined in

accordance with the requirements of

§ 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

§ 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 offsite 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.

§ 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 § 63.683(b)(1)(ii) of this subpart

references the requirements of this

section for such treatment.
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations 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 § 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 offsite 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-oftreatment.

(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-ofdelivery, 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 (CR) established for

the treatment process using the

procedure specified in § 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 § 63.694(e) of this subpart.

The MR for the off-site material streams

shall be determined using the

procedures specified in § 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

§ 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 § 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

§ 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 § 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 (Rbio) 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 § 63.694(g) of

this subpart. The HAP biodegradation

efficiency (Rbio) shall be determined in

accordance with the requirements of

§ 63.694(h) of this subpart.

(ii) The total quantity of HAP actually

removed from the off-site material

stream by biological degradation (MRbio)

shall be equal to or greater than the

required mass removal (RMR)

established for the off-site material

stream using the procedure specified in

§ 63.694(e) of this subpart. The MRbio of

the off-site material stream shall be

determined using the procedures

specified in § 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 §§ 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 § 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
34164 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

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 § 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 § 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.

§ 63.685 Standards: Tanks.

(a) The provisions of this section

apply to the control of air emissions

from tanks for which § 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

§ 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 § 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 closedvent 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 offsite material is placed in the tank. The

maximum HAP vapor pressure shall be

determined using the procedures

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

§ 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 § 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 liquidmounted seal or a metallic shoe seal, as

defined in § 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 (cm2) 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

(cm2) 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.
34166 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

(3) The owner or operator shall

inspect the external floating roof in

accordance with the procedures

specified in § 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 § 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 § 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 § 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 § 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

§ 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 § 63.693 of this subpart.

§ 63.686 Standards: Oil-water and organicwater separators.

(a) The provisions of this section

apply to the control of air emissions

from oil-water separators and organicwater separators for which

§ 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.

§ 63.687 Standards: Surface

impoundments.

(a) The provisions of this section

apply to the control of air emissions

from surface impoundments for which

§ 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
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations 34167

provisions specified in 40 CFR 63

subpart QQ—National Emission

Standards for Surface Impoundments.

§ 63.688 Standards: Containers.

(a) The provisions of this section

apply to the control of air emissions

from containers for which

§ 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 m3 and less

than or equal to 0.46 m3, 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 m3 and the

container is not in light-material service

as defined in § 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 m3 and the

container is in light-material service as

defined in § 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 m3 is used for treatment

of an off-site material by a waste

stabilization process as defined in

§ 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.

§ 63.689 Standards: Transfer systems.

(a) The provisions of this section

apply to the control of air emissions

from transfer systems for which

§ 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 § 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 § 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 § 63.695 of

this subpart.

§ 63.690 Standards: Process vents.

(a) The provisions of this section

apply to the control of air emissions

from process vents for which

§ 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
34168 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

accordance with the standards specified

in § 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 §§ 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.

§ 63.691 Standards: Equipment leaks.

(a) The provisions of this section

apply to the control of air emissions

from equipment leaks for which

§ 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 § 61.247 in

40 CFR Part 61 subpart V—National

Emission Standards for Equipment

Leaks; or

(2) Section 63.162 through § 63.182 in

40 CFR Part 63 subpart H—National

Emission Standards for Organic

Hazardous Air Pollutants from

Equipment Leaks.

§ 63.692 [Reserved]

§ 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 § 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 § 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

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

§ 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 ±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.
34170 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

(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

§ 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°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

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

§ 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.

§ 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

§ 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-oftreatment for compliance with standards

specified § 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 (CR)

for compliance with standards specified

§ 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

§ 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

§ 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 § 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

(Rbio) for compliance with standards

specified in § 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

(MRbio) for compliance with standards

specified in§ 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 § 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 § 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-ofdelivery 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 onsite 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.
34172 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

(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:

C

Q Q C

T

i i

i

n

= × × ( ) =

∑ 1

1

where:

C ̄ =Average VOHAP concentration of the

off-site material at the point-ofdelivery on a mass-weighted basis,

ppmw.

i=Individual sample ‘‘i’’ of the off-site

material.

n=Total number of samples of the offsite material collected (at least 4) for

the averaging period (not to exceed

1 year).

Qi=Mass quantity of off-site material

stream represented by Ci, kg/hr.

QT=Total mass quantity of off-site

material during the averaging

period, kg/hr.

Ci=Measured VOHAP concentration of

sample ‘‘i’’ as determined in

accordance with the requirements

of § 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 speciesspecific adjustment factor (fm305) 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:

C

Q Q C

T

i i

i

n

= × × ( ) =

∑ 1

1

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 offsite material collected (at least 4) for

the averaging period (not to exceed

1 year).
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations 34173

Qi=Mass quantity of off-site material

stream represented by Ci, kg/hr.

QT=Total mass quantity of off-site

material during the averaging

period, kg/hr.

Ci=Measured VOHAP concentration of

sample ‘‘i’’ as determined in

accordance with the requirements

of § 63.693(c)(2), ppmw.

(d) Determination of treatment

process VOHAP concentration limit

(CR).

(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

(CR) shall be calculated by using the

results determined for each individual

off-site material stream and the

following equation:

C

Q C Q ppmw

Q Q

R

x x y

y

n

x

m

x y

y

n

x

m =

( ) × + × ( )

+

= =

= =

∑ ∑

∑ ∑

500

1 1

1 1

where:

CR=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-ofdelivery.

m=Total number of ‘‘x’’ off-site material

streams treated by process.

n=Total number of ‘‘y’’ off-site material

streams treated by process.

Qx=Total mass quantity of off-site

material stream ‘‘x’’, kg/yr.

Qy=Total mass quantity of off-site

material stream ‘‘y’’, kg/yr.

C ̄ x=VOHAP concentration of off-site

material stream ‘‘x’’ at the point-ofdelivery, 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-ofdelivery, 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:

RMR V k

C ppmw

y y

y

y

n

= × ×

 ( ) −













 =

∑ 500

106

1

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-ofdelivery as determined in

accordance with the requirements

of § 63.693(b).

n=Total number of ‘‘y’’ off-site material

streams treated by process.

Vy=Average volumetric flow rate of offsite material stream ‘‘y’’ at the

point-of-delivery, m3/hr.

ky=Density of off-site material stream

‘‘y’’, kg/m3

C ̄ y=Average VOHAP concentration of

off-site material stream ‘‘y’’ at the

point-of-delivery as determined in

accordance with the requirements

of § 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 (Eb) and the

off-site material HAP mass flow exiting

the process (Ea) 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 = Eb–Ea

where:

MR=Actual HAP mass removal rate, kg/

hr.

Eb=Off-site material HAP mass flow

entering process as determined in

accordance with the requirements

of paragraph (f)(2) of this section,

kg/hr.

Ea=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

(Qb) and the mass quantity of each off-
34174 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

site material stream exiting the process

(Qa) shall be determined.

(ii) The average VOHAP concentration

at the point-of-delivery of each off-site

material stream entering the process (C ̄ 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

(Ca) 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 (Eb) and the

off-site material HAP mass flow exiting

the process (Ea) shall be calculated by

using the results determined in

accordance with paragraph (g)(3) of this

section and the following equations:

E Q C b bj bj

j

m

= ⋅ × ( ) =

∑1

106

1

E Q C a aj aj

j

m

= × ( ) =

∑1

106

1

where:

Eb=Off-site material HAP mass flow

entering process, kg/hr.

Ea=Off-site material HAP mass flow

exiting process, kg/hr.

m=Total number of runs (at least 3)

j=Individual run ‘‘j’’

QV=Mass quantity of off-site material

entering process during run ‘‘j’’, kg/

hr.

Qaj=Average mass quantity of off-site

material exiting process during run

‘‘j’’, kg/hr.

C ̄ aj=Average VOHAP concentration of

off-site material exiting process

during run ‘‘j’’ as determined in

accordance with the requirements

of § 63.693(b), ppmw.

C ̄ V=Average VOHAP concentration of

off-site material entering process

during run ‘‘j’’ as determined in

accordance with the requirements

of § 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:

R

E E

E

b a

b

= − ×100

where:

R=HAP reduction efficiency, percent.

Eb=Off-site material HAP mass flow

entering process as determined in

accordance with the requirements

of paragraph (d)(4) of this section,

kg/hr.

Ea=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 (Rbio).

(1) The fraction of HAP biodegraded

(Fbio) shall be determined using the

procedure specified in 40 CFR part 63,

appendix C of this part.

(2) The HAP biodegradation efficiency

(Rbio) shall be calculated by using the

following equation:

Rbio=Fbio × 100

where:

Rbio = HAP biodegradation efficiency,

percent.

Fbio = 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 (MRbio).

(1) The actual HAP mass removal rate

(MRbio) 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 (Eb) shall be

determined in accordance with the

requirements of paragraph (g)(4) of this

section.

(3) The fraction of HAP biodegraded

(Fbio) 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:

MRbio=Eb×Fbio

where:

MRbio=Actual HAP mass removal rate,

kg/hr.

Eb=Off-site material HAP mass flow

entering process, kg/hr.

Fbio=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
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations 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 (Ei and Eo ,respectively) shall be

computed.

(A) The following equations shall be

used:
34176 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

E K

scalesym

scalesym jscalesym scalesym

nC M Q

E K

scalesym

scalesym jscalesym scalesym

nC M Q

i ij ij i

o oj oj o

= ∑ =













= ∑ =













2

2

150 150 1501

150

150 150 1501

150

where:

Cij, Coj=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.

Ei, Eo=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.

Mij, Moj=Molecular weight of sample

component j of the gas stream at the

inlet and outlet of the control

device, respectively, gram/grammole.

Qi, Qo=Flow rate of gas stream at the

inlet and outlet of the control

device, respectively, dry standard

cubic meter per minute.

K2=Constant, 2.494 × 10¥6 (parts per

million) ¥1 (gram-mole per standard

cubic meter) (kilogram/gram)

(minute/hour), where standard

temperature (gram-mole per

standard cubic meter) is 20 °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:

R

E E

E cd

i o

i

= − ×100

where:

Rcd=Control efficiency of control device,

percent.

Ei=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.

Eo=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 (CTOC) is

the sum of the concentrations of the

individual components and shall be

computed for each run using the

following equation:

C

C

x TOC

ij

j

n

i

x

= =

=

∑

∑ 1

1

where:

CTOC=Concentration of total organic

compounds minus methane and

ethane, dry basis, parts per million

by volume.

Cji=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

(CHAP) 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 (%O2dry). 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 (Cc) shall be computed

using the following equation:

C C c m

dry

= −

















17 9

20 9 2

.

. %0

where:

Cc=TOC concentration or total HAP

concentration corrected to 3 percent

oxygen, dry basis, parts per million

by volume.

Cm=Measured TOC concentration or

total HAP concentration, dry basis,

parts per million by volume.

%O2dry=Concentration of oxygen, dry

basis, percent by volume.

§ 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 § 63.685 of this subpart, the

inspection procedures are specified in

paragraph (b) of this section.

(2) To inspect and monitor closedvent systems for compliance with the

standards specified in § 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
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations 34177

standards specified in § 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 § 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 § 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

§ 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 § 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 § 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 § 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 § 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

§ 63.685(f)(1) of this subpart.

(E) In the event that the seal gap

measurements do not conform to the

specifications in § 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 § 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 § 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

§ 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,
34178 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

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 § 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 § 63.693 of this subpart

shall meet the following inspection and

monitoring requirements:

(1) Each closed-vent system that is

used to comply with § 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

§ 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 § 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

§ 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 § 63.696 of

this subpart.

(2) Each closed-vent system that is

used to comply with § 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 § 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 § 63.696 of this subpart.

(d) Owners and operators that use a

transfer system equipped with a cover

in accordance with the provisions of

§ 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 § 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 § 63.696 of this subpart.

§ 63.696 Recordkeeping requirements.

(a) The owner or operator subject to

this subpart shall comply with the

recordkeeping requirements in § 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
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations 34179

§ 63.685(e) of this subpart or using an

external floating roof to comply with the

tank control requirements specified in

§ 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 § 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 § 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 § 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 § 63.685(f) of this subpart shall

prepare and maintain records for each

seal gap inspection required by

§ 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 § 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

§ 63.685(g) of this subpart shall prepare

and maintain the following records:

(1) A record for each inspection

required by § 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 § 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 § 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

§ 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 § 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 § 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 § 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 closedvent 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.

§ 63.697 Reporting requirements.

(a) The owner or operator subject to

this subpart shall comply with the

notification requirements in § 63.9 and

the reporting requirements in § 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

§ 63.693 of this subpart shall submit the

following reports to the Administrator:

(1) A Notification of Performance

Tests specified in § 63.7 and § 63.9(g) of

this part,

(2) Performance test reports specified

in § 63.10(d)(2) of this part

(3) Startup, shutdown, and

malfunction reports specified in

§ 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

§ 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

§ 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

§ 63.685(d) of this subpart shall notify

the Administrator in advance of each

inspection required under § 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 § 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
34180 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

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.

§ 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 § 63.694 of this subpart.

TABLE 1 TO SUBPART DD.—LIST OF HAZARDOUS AIR POLLUTANTS (HAP) FOR SUBPART DD

CAS No.a Chemical name fm 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 gasoline) .................................................................................................................... 1.000

98077 ........... Benzotrichloride (isomers and mixture) ...................................................................................................................... 0.958

100447 ......... Benzyl chloride ............................................................................................................................................................ 1.000

92524 ........... Biphenyl ....................................................................................................................................................................... 0.864

542881 ......... Bis(chloromethyl)etherb ............................................................................................................................................... 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 b ........................................................................................................................................ 1.000

126998 ......... Chloroprene ................................................................................................................................................................. 1.000

98828 ........... Cumene ....................................................................................................................................................................... 1.000

94757 ........... 2,4-D, salts and esters ................................................................................................................................................ 0.167

334883 ......... Diazomethane 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 dichloride) .......................................................................................................................... 1.000

111444 ......... Dichloroethyl ether (Bis(2-chloroethyl ether) .............................................................................................................. 0.757

542756 ......... 1,3-Dichloropropene .................................................................................................................................................... 1.000

79447 ........... Dimethyl carbamoyl chloridec ...................................................................................................................................... 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-epoxypropane) ............................................................................................................ 0.939

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-Dichloroethane) .................................................................................................................... 1.000

151564 ......... Ethylene imine (Aziridine) ........................................................................................................................................... 0.867

75218 ........... Ethylene oxide ............................................................................................................................................................. 1.000

75343 ........... Ethylidene dichloride (1,1-Dichloroethane) ................................................................................................................. 1.000

Glycol ethers d ............................................................................................................................................................. (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
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations 34181

TABLE 1 TO SUBPART DD.—LIST OF HAZARDOUS AIR POLLUTANTS (HAP) FOR SUBPART DD—Continued

CAS No.a Chemical name fm 305

74839 ........... Methyl bromide (Bromomethane) ............................................................................................................................... 1.000

74873 ........... Methyl chloride (Choromethane) ................................................................................................................................. 1.000

71556 ........... Methyl chloroform (1,1,1-Trichloroethane) .................................................................................................................. 1.000

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 (Dichloromethane) ....................................................................................................................... 1.000

91203 ........... Naphthalene ................................................................................................................................................................ 0.994

98953 ........... Nitrobenzene ............................................................................................................................................................... 0.394

79469 ........... 2-Nitropropane ............................................................................................................................................................ 0.989

82688 ........... Pentachloronitrobenzene (Quintobenzene) ................................................................................................................ 0.839

87865 ........... Pentachlorophenol ...................................................................................................................................................... 0.0898

75445 ........... Phosgenec ................................................................................................................................................................... 1.000

123386 ......... Propionaldehyde ......................................................................................................................................................... 0.999

78875 ........... Propylene dichloride (1,2-Dichloropropane) ............................................................................................................... 1.000

75569 ........... Propylene oxide .......................................................................................................................................................... 1.000

75558 ........... 1,2-Propylenimine (2-Methyl aziridine) ....................................................................................................................... 0.945

100425 ......... Styrene ........................................................................................................................................................................ 1.000

96093 ........... Styrene oxide .............................................................................................................................................................. 0.830

79345 ........... 1,1,2,2-Tetrachloroethane ........................................................................................................................................... 0.999

127184 ......... Tetrachloroethylene (Perchloroethylene) .................................................................................................................... 1.000

108883 ......... Toluene ....................................................................................................................................................................... 1.000

95534 ........... o-Toluidine ................................................................................................................................................................... 0.152

120821 ......... 1,2,4-Trichlorobenzene ............................................................................................................................................... 1.000

71556 ........... 1,1,1-Trichloroethane (Methyl chlorform) .................................................................................................................... 1.000

79005 ........... 1,1,2-Trichloroethane (Vinyl trichloride) ...................................................................................................................... 1.000

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-Dichloroethylene) ................................................................................................................. 1.000

1330207 ....... Xylenes (isomers and mixture) ................................................................................................................................... 1.000

95476 ........... o-Xylenes .................................................................................................................................................................... 1.000

108383 ......... m-Xylenes ................................................................................................................................................................... 1.000

106423 ......... p-Xylenes .................................................................................................................................................................... 1.000

Notes:

fm 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 fm 305 factors for some of the more common

glycol ethers are listed below:

Ethylene glycol dimethyl ether (fm 305=0.861)

Ethylene glycol monoethyl ether acetate (fm 305=0.0887)

Ethylene glycol monomethyl ether acetate (fm 305=0.0926)

Diethylene glycol diethyl ether (fm 305=0.216)

TABLE 2 TO SUBPART DD.—APPLICABILITY OF PARAGRAPHS IN 40 CFR 63 SUBPART A, GENERAL PROVISIONS, TO

SUBPART DD

Subpart A reference Applies to

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.
34182 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

TABLE 2 TO SUBPART DD.—APPLICABILITY OF PARAGRAPHS IN 40 CFR 63 SUBPART A, GENERAL PROVISIONS, TO

SUBPART DD—Continued

Subpart A reference Applies to

subpart DD Comment

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 ............... § 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 § 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 § 63.9(b) is changed to § 63.9(b)(4) and (5). Subpart

DD overrides § 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 ................ § 63.697 of subpart DD includes notification requirements.

63.6(b)(6) ................................................... No.

63.6(b)(7) ................................................... No.

63.6(c)(1) ................................................... No ................ § 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 (C) .................... Yes.

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 § 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.
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations 34183

TABLE 2 TO SUBPART DD.—APPLICABILITY OF PARAGRAPHS IN 40 CFR 63 SUBPART A, GENERAL PROVISIONS, TO

SUBPART DD—Continued

Subpart A reference Applies to

subpart DD Comment

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.
34184 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

TABLE 2 TO SUBPART DD.—APPLICABILITY OF PARAGRAPHS IN 40 CFR 63 SUBPART A, GENERAL PROVISIONS, TO

SUBPART DD—Continued

Subpart A reference Applies to

subpart DD Comment

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)

Tank design capacity (cubic meters) Maximum HAP vapor pressure of off-site material managed in

tank (kilopascals)

Tank control level

Design capacity less than 75 m3 ................................................... Maximum HAP vapor pressure less than 76.6 kPa ...................... Level 1.

Design capacity equal to or greater than 75 m3 and less than

151 m3.

Maximum HAP vapor pressure less than 27.6 kPa ...................... Level 1.

Maximum HAP vapor pressure equal to or greater than 27.6

kPa.

Level 2.

Design capacity equal to or greater than 151 m3 ......................... Maximum HAP vapor pressures less than 5.2 kPa ...................... Level 1.

Maximum HAP vapor pressure equal to or greater than 5.2 kPa Level 2.

TABLE 4 TO SUBPART DD.—TANK CONTROL LEVELS FOR TANKS AT NEW AFFECTED SOURCES AS REQUIRED BY 40 CFR

63.685(b)(2)

Tank design capacity (cubic meters) Maximum HAP vapor pressure of off-site material managed in

tank (kilopascals)

Tank control level

Design capacity less than 38 m3 ................................................... Maximum HAP vapor pressure less than 76.6 kPa ...................... Level 1.

Design capacity equal to or greater than 38 m3 and less than

151 m3.

Maximum HAP vapor pressure less than 13.1 kPa ...................... Level 1.

Maximum HAP vapor pressure equal to or greater than 13.1

kPa.

Level 2.

Design capacity equal to or greater than 151 m3 ......................... Maximum HAP vapor pressure less than 0.7 kPa ........................ Level 1.

Maximum HAP vapor pressure equal to or greater than 0.7 kPa Level 2.

5. Part 63 is amended by adding

subpart OO consisting of §§ 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

§ 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.

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

§ 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 § 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 § 63.906(a) of

this subpart.

§ 63.903 [Reserved]

§ 63.904 [Reserved]

§ 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 regulatedmaterials 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
34186 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

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.

§ 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

§ 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 § 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 regulatedmaterial 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 § 63.907(b) of this subpart.

§ 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 § 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 § 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 § 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 §§ 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

§ 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.

§ 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 § 63.925(a) of

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

§ 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 screwtype 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 regulatedmaterial 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 regulatedmaterial 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 § 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

§ 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,
34188 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

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 § 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 § 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).

§ 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 § 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 § 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 vaporbalancing 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 § 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

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

§ 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

§ 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.

§ 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 regulatedmaterials 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.
34190 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

(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 ±

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.

§ 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

§§ 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 regulatedmaterial 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 regulatedmaterial until the defect is repaired.

(b) Owners and operators using

Container Level 3 controls in

accordance with the provisions of

§ 63.924 of this subpart shall inspect

and monitor the closed-vent systems

and control devices in accordance with

the requirements of § 63.693 in 40 CFR

Part 63, subpart DD—National Emission

Standards for Hazardous Air Pollutants

from Off-Site Waste and Recovery

Operations.

§ 63.927 Recordkeeping requirements.

(a) Owners and operators that use

Container Level 3 controls in

accordance with the provisions of

§ 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 closedvent system and control device in

accordance with the requirements of

§ 63.693 in 40 CFR Part 63, subpart

DD—National Emission Standards for

Hazardous Air Pollutants from Off-Site

Waste and Recovery Operations.

§ 63.928 Reporting requirements.

(a) For owners and operators that use

Container Level 3 controls in

accordance with the provisions of

§ 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

§ 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 §§ 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

§ 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.

§ 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 § 63.944(a) of

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

§ 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 § 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 § 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 § 63.946(a) of this subpart.

§ 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
34192 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

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 § 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 § 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 § 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 § 63.946(b)

of this subpart.

§ 63.944 [Reserved]

§ 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.

§ 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 § 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
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations 34193

specified in § 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 § 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 § 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 § 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 regulatedmaterial 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 § 63.947 of this subpart.

§ 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 § 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 § 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 § 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 closedvent system to a control device in

accordance with the provisions of

§ 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 § 63.693 in 40 CFR part

63, subpart DD—National Emission

Standards for Hazardous Air Pollutant

Standards from Off-Site Waste and

Recovery Operations.

§ 63.948 Reporting requirements.

Owners and operators that use a

surface impoundment equipped with a

fixed-roof and vented through a closedvent system to a control device in

accordance with the provisions of

§ 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 § 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 §§ 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

§ 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.

§ 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 hardpiping, all drains and junction boxes,

together with their associated sewer
34194 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

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.

§ 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 § 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 § 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
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations 34195

shall be operated in accordance with the

standards specified in 40 CFR 63.693.

§ 63.963 [Reserved].

§ 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 § 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 § 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 § 63.965(a)(3) of this

subpart.

§ 63.965 Recordkeeping requirements.

(a) Each owner or operator complying

with § 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 § 63.964(a) of

this subpart is performed.

(3) When applicable, a record for each

defect detected during inspections

required by § 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

§ 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

§ 63.962(a)(3) or § 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 § 63.693 in 40

CFR part 63, subpart DD—National

Emission Standards for Hazardous Air

Pollutants from Off-Site Waste and

Recovery Operations.

§ 63.966 Reporting requirements.

Owners and operators that use a

closed-vent system and a control device

in accordance with the provisions of

§ 63.962(a)(3) or § 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 § 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 §§ 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 oilwater 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 organicwater 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
34196 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

A—General Provisions do not apply to

this subpart except as noted in the

subpart that references this subpart.

§ 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 § 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.

§ 63.1042 Standards—Separator fixed roof.

(a) This section applies to owners and

operators subject to this subpart and

controlling air emissions from an oilwater 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 § 63.1046(a)

of this subpart, when the device is
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations 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 § 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 § 63.1047(a) of

this subpart.

§ 63.1043 Standards—Separator floating

roof.

(a) This section applies to owners and

operators subject to this subpart and

controlling air emissions from an oilwater 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 liquidmounted seal or a metallic shoe seal, as

defined in § 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

(cm2) 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 (cm2) 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 § 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

§ 63.1047(b) of this subpart.

§ 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 § 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 § 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,
34198 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

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 § 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 § 63.1047(c)

of this subpart.

§ 63.1045 [Reserved]

§ 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 regulatedmaterials 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 § 63.1043(b)(2) of this subpart.

§ 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

§ 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 § 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

§ 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 § 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.
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations 34199

(iv) In the event that the seal gap

measurements do not conform to the

specifications in § 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 § 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 § 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 § 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 § 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 § 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 § 63.1048(a)(3) of this

subpart.

§ 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 § 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 § 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 § 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

§ 63.1043 of this subpart shall prepare

and maintain records for each

inspection required by § 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

§ 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 § 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 § 63.693 in 40

CFR 63 subpart DD—National Emission

Standards for Hazardous Air Pollutants

from Off-Site Waste and Recovery

Operations.

§ 63.1049 Reporting requirements.

(a) Owners and operators that use a

separator equipped with a floating roof

in accordance with the provisions of

§ 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 § 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 § 63.1044 of this

subpart shall prepare and submit to the

Administrator the reports required for
34200 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

closed-vent systems and control devices

in accordance with the requirements of

§ 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:

mr = mass spiked compound measured (μg).

ms = total mass of compound measured in

spiked sample (μg).

mu = total mass of compound measured in

unspiked sample (μg).

where:

S = theoretical mass of compound spiked

into spiked sample (μg).

3.1. Method Evaluation

In order for the chosen method to be

acceptable for a compound, 0.70≤R≤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:

Reported Result Measured Massof Compound

R for that compound =

3.3. Optional Correction Step

If the applicable regulation allows for

correction of the mass of the compound in

the waste by a published fm value, multiply the reported result calculated above with the

appropriate fm value for that compound.

[FR Doc. 96–16576 Filed 6–28–96; 8:45 am]

BILLING CODE 6560–50–P