Current through Register Vol. 48, No. 9, September 27, 2024
(a) Material determination procedure to
determine average volatile organic (VO) concentration of a hazardous secondary
material at the point of material origination.
(1) Determining average VO concentration at
the point of material origination. A remanufacturer or other person that stores
or treats the hazardous secondary material shall determine the average VO
concentration at the point of material origination for each hazardous secondary
material placed in a hazardous secondary material management unit exempted
under the provisions of section 261.1082(c)(1) from using air emission controls
in accordance with standards specified in sections 261.1084 through 261.1087,
as applicable to the hazardous secondary material management unit.
(i) An initial determination of the average
VO concentration of the material stream shall be made before the first time any
portion of the material in the hazardous secondary material stream is placed in
a hazardous secondary material management unit exempted under the provisions of
section 261.1082(c)(1) of this subpart from using air emission controls, and
thereafter an initial determination of the average VO concentration of the
material stream shall be made for each averaging period that a hazardous
secondary material is managed in the unit; and
(ii) Perform a new material determination
whenever changes to the source generating the material stream are reasonably
likely to cause the average VO concentration of the hazardous secondary
material to increase to a level that is equal to or greater than the applicable
VO concentration limits specified in section 261.1082.
(2) Determination of average VO concentration
using direct measurement or knowledge. For a material determination that is
required by paragraph (a)(1) of this section, the average VO concentration of a
hazardous secondary material at the point of material origination shall be
determined using either direct measurement as specified in paragraph (a)(3) of
this section or by knowledge as specified in paragraph (a)(4) of this
section.
(3) Direct measurement to
determine average VO concentration of a hazardous secondary material at the
point of material origination-
(i)
Identification. The remanufacturer or other person that stores or treats the
hazardous secondary material shall identify and record in a log that is kept at
the facility the point of material origination for the hazardous secondary
material.
(ii) Sampling. Samples of
the hazardous secondary material stream shall be collected at the point of
material origination in a manner such that volatilization of organics contained
in the material and in the subsequent 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 VO concentration for the hazardous secondary
material stream on a mass-weighted average basis shall be designated and
recorded. The averaging period can represent any time interval that the
remanufacturer or other person that stores or treats the hazardous secondary
material determines is appropriate for the hazardous secondary material stream
but shall not exceed one (1) year.
(B) A sufficient number of samples, but no
less than four (4) samples, shall be collected and analyzed for a hazardous
secondary material determination. All of the samples for a given material
determination shall be collected within a one-hour period. The average of the
four or more sample results constitutes a material determination for the
material stream. One (1) or more material determinations may be required to
represent the complete range of material compositions and quantities that occur
during the entire averaging period due to normal variations in the operating
conditions for the source or process generating the hazardous secondary
material stream. Examples of such normal variations are seasonal variations in
material quantity or fluctuations in ambient temperature.
(C) All samples shall be collected and
handled in accordance with written procedures prepared by the remanufacturer or
other person that stores or treats the hazardous secondary material and
documented in a site sampling plan. This plan shall describe the procedure by
which representative samples of the hazardous secondary 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 at the facility. An
example of acceptable sample collection and handling procedures for a total
volatile organic constituent concentration may be found in Method 25D in 40 CFR
part 60, appendix A.
(D) Sufficient
information, as specified in the "site sampling plan" required under paragraph
(a)(3)(ii)(C) of this section, shall be prepared and recorded to document the
material quantity represented by the samples and, as applicable, the operating
conditions for the source or process generating the hazardous secondary
material represented by the samples.
(iii) Analysis. Each collected sample shall
be prepared and analyzed in accordance with Method 25D in 40 CFR part 60,
appendix A for the total concentration of volatile organic constituents, or
using one (1) or more methods when the individual organic compound
concentrations are identified and summed and the summed material concentration
accounts for and reflects all organic compounds in the material with Henry's
law constant values at least 0.1
mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X)
[which can also be expressed as 1.8 ×
10-6atmospheres/gram-mole/m3]
at twenty-five degrees Celsius (25°C). At the discretion of the
remanufacturer or other person that stores or treats the hazardous secondary
material, the test data obtained may be adjusted by any appropriate method to
discount any contribution to the total volatile organic concentration that is a
result of including a compound with a Henry's law constant value of less than
0.1 Y/X at 25°C). To adjust these data, the measured concentration of each
individual chemical constituent contained in the material is multiplied by the
appropriate constituent-specific adjustment factor
(fm25D). If the remanufacturer or other person that
stores or treats the hazardous secondary material elects to adjust the test
data, the adjustment must be made to all individual chemical constituents with
a Henry's law constant value greater than or equal to 0.1 Y/X at 25°C)
contained in the material. Constituent-specific adjustment factors
(fm25D) can be obtained by contacting the Waste and
Chemical Processes Group, Office of Air Quality Planning and Standards,
Research Triangle Park, NC 27711. Other test methods may be used if they meet
the requirements in paragraph (a)(3)(iii)(A) or (B) of this section and
provided the requirement to reflect all organic compounds in the material with
Henry's law constant values greater than or equal to 0.1 Y/X [which can also be
expressed as 1.8 ×
10-6atmospheres/gram-mole/m3]
at 25°C), is met.
(A) Any EPA standard
method that has been validated in accordance with "Alternative Validation
Procedure for EPA Waste and Wastewater Methods," 40 CFR part 63, appendix
D.
(B) Any other analysis method
that has been validated in accordance with the procedures specified in Section
5.1 or Section 5.3, and the corresponding calculations in Section 6.1 or
Section 6.3, of Method 301 in 40 CFR part 63, appendix A. The data are
acceptable if they meet the criteria specified in Section 6.1.5 or Section
6.3.3 of Method 301. If correction is required under section 6.3.3 of Method
301, the data are acceptable if the correction factor is within the range 0.7
to 1.30. Other sections of Method 301 are not required.
(iv) Calculations.
(A) The average VO concentration (C) on a
mass-weighted basis shall be calculated by using the results for all material
determinations conducted in accordance with paragraphs (a)(3)(ii) and (iii) of
this section and the following equation
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Where:
C = Average VO concentration of the hazardous secondary
material at the point of material origination on a mass-weighted basis,
ppmw.
i = Individual material determination "i" of the hazardous
secondary material.
n = Total number of material determinations of the
hazardous secondary material conducted for the averaging period (not to exceed
one (1) year).
Qi = Mass quantity of hazardous
secondary material stream represented by Ci,
kg/hr.
QT = Total mass quantity of
hazardous secondary material during the averaging period, kg/hr.
Ci = Measured VO concentration of
material determination "i" as determined in accordance with the requirements of
paragraph (a)(3)(iii) of this section (i.e., the average of the four or more
samples specified in paragraph (a)(3)(ii)(B) of this section), ppmw.
(B) For the purpose of determining
Ci, for individual material samples analyzed in
accordance with paragraph (a)(3)(iii) of this section, the remanufacturer or
other person that stores or treats the hazardous secondary material shall
account for VO concentrations determined to be below the limit of detection of
the analytical method by using the following VO concentration:
(1) If Method 25D in 40 CFR part 60, appendix
A is used for the analysis, one-half the blank value determined in the method
at section 4.4 of Method 25D in 40 CFR part 60, appendix A.
(2) If any other analytical method is used,
one-half the sum of the limits of detection established for each organic
constituent in the material that has a Henry's law constant values at least 0.1
mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X)
[which can also be expressed as 1.8 ×
10-6atmospheres/gram-mole/m3]
at twenty-five degrees Celsius (25°C).
(4) Use of knowledge by the
remanufacturer or other person that stores or treats the hazardous secondary
material to determine average VO concentration of a hazardous secondary
material at the point of material origination.
(i) Documentation shall be prepared that
presents the information used as the basis for the knowledge by the
remanufacturer or other person that stores or treats the hazardous secondary
material of the hazardous secondary material stream's average VO concentration.
Examples of information that may be used as the basis for knowledge include:
Material balances for the source or process generating the hazardous secondary
material stream; constituent-specific chemical test data for the hazardous
secondary material stream from previous testing that are still applicable to
the current material stream; previous test data for other locations managing
the same type of material stream; or other knowledge based on information
included in shipping papers or material certification notices.
(ii) If test data are used as the basis for
knowledge, then the remanufacturer or other person that stores or treats the
hazardous secondary material 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 VO concentration. For
example, a remanufacturer or other person that stores or treats the hazardous
secondary material may use organic concentration test data for the hazardous
secondary material stream that are validated in accordance with Method 301 in
40 CFR part 63, appendix A as the basis for knowledge of the
material.
(iii) A remanufacturer or
other person that stores or treats the hazardous secondary material using
chemical constituent-specific concentration test data as the basis for
knowledge of the hazardous secondary material may adjust the test data to the
corresponding average VO concentration value which would have been obtained had
the material samples been analyzed using Method 25D in 40 CFR part 60, appendix
A. To adjust these data, the measured concentration for each individual
chemical constituent contained in the material is multiplied by the appropriate
constituent-specific adjustment factor (fm25D).
(iv) In the event that the
Department and the remanufacture or other person that stores or treats the
hazardous secondary material disagree on a determination of the average VO
concentration for a hazardous secondary material stream using knowledge, then
the results from a determination of average VO concentration using direct
measurement as specified in paragraph (a)(3) of this section shall be used to
establish compliance with the applicable requirements of this subpart. The
Department may perform or request that the remanufacturer or other person that
stores or treats the hazardous secondary material perform this determination
using direct measurement. The remanufacturer or other person that stores or
treats the hazardous secondary material may choose one (1) or more appropriate
methods to analyze each collected sample in accordance with the requirements of
paragraph (a)(3)(iii) of this section.
(c) Procedure to determine the maximum
organic vapor pressure of a hazardous secondary material in a tank.
(1) A remanufacturer or other person that
stores or treats the hazardous secondary material shall determine the maximum
organic vapor pressure for each hazardous secondary material placed in a tank
using Tank Level 1 controls in accordance with standards specified in section
261.1084(c).
(2) A remanufacturer
or other person that stores or treats the hazardous secondary material shall
use either direct measurement as specified in paragraph (c)(3) of this section
or knowledge of the waste as specified by paragraph (c)(4) of this section to
determine the maximum organic vapor pressure which is representative of the
hazardous secondary material composition stored or treated in the
tank.
(3) Direct measurement to
determine the maximum organic vapor pressure of a hazardous secondary material.
(i) Sampling. A sufficient number of samples
shall be collected to be representative of the hazardous secondary material
contained in the tank. All samples shall be collected and handled in accordance
with written procedures prepared by the remanufacturer or other person that
stores or treats the hazardous secondary material and documented in a site
sampling plan. This plan shall describe the procedure by which representative
samples of the hazardous secondary material 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 at the facility. An example of acceptable sample
collection and handling procedures may be found in Method 25D in 40 CFR part
60, appendix A.
(ii) Analysis. Any
one (1) of the appropriate following methods may be used to analyze the samples
and compute the maximum organic vapor pressure of the hazardous secondary
material:
(A) Method 25E in 40 CFR part 60
appendix A;
(B) Methods described
in American Petroleum Institute Publication 2517, Third Edition, February 1989,
"Evaporative Loss from External Floating-Roof Tanks," (incorporated by
reference-refer to section 260.11 of this chapter);
(C) Methods obtained from standard reference
texts;
(D) ASTM Method 2879-92
(incorporated by reference-refer to section 260.11); and
(E) Any other method approved by the
Department.
(4) Use of knowledge to determine the maximum
organic vapor pressure of the hazardous secondary material. Documentation shall
be prepared and recorded that presents the information used as the basis for
the knowledge by the remanufacturer or other person that stores or treats the
hazardous secondary material that the maximum organic vapor pressure of the
hazardous secondary material is less than the maximum vapor pressure limit
listed in section 261.1085(b)(1)(i) for the applicable tank design capacity
category. An example of information that may be used is documentation that the
hazardous secondary material is generated by a process for which at other
locations it previously has been determined by direct measurement that the
hazardous secondary material's waste maximum organic vapor pressure is less
than the maximum vapor pressure limit for the appropriate tank design capacity
category.
(d) 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 hazardous secondary material having
an organic concentration representative of the range of concentrations for the
hazardous secondary material 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 hazardous secondary material placed in the hazardous secondary
management 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 ten (10) ppmv
hydrocarbon in air), and
(ii) A
mixture of methane or n-hexane and air at a concentration of approximately, but
less than, ten thousand (10,000) ppmv methane or n-hexane.
(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 of 40 CFR part 60, appendix A. 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 five hundred (500) ppmv except when
monitoring a seal around a rotating shaft that passes through a cover opening,
in which case the comparison shall be as specified in paragraph (d)(9) of this
section. If the difference is less than five hundred (500) ppmv, then the
potential leak interface is determined to operate with no detectable organic
emissions.
(9) For the seals
around a rotating shaft that passes through a cover opening, the arithmetic
difference between the maximum organic concentration indicated by the
instrument and the background level shall be compared with the value of ten
thousand (10,000) ppmw. If the difference is less than ten thousand (10,000)
ppmw, then the potential leak interface is determined to operate with no
detectable organic emissions.