Current through Register Vol. 48, No. 9, September 27, 2024
(a) The
requirements of this subpart apply to owners and operators of all facilities
that treat, store, or dispose of hazardous waste in tanks, surface
impoundments, or containers subject to either subpart I, J, or K of this part
except as 264.1 and paragraph (b) of this section provide otherwise.
(b) The requirements of this subpart do not
apply to the following waste management units at the facility:
(1) A waste management unit that holds
hazardous waste placed in the unit before December 6, 1996, and in which no
hazardous waste is added to the unit on or after December 6, 1996.
(2) A container that has a design capacity
less than or equal to 0.1 m3.
(3) A tank in which an owner or operator has
stopped adding hazardous waste and the owner or operator has begun implementing
or completed closure pursuant to an approved closure plan.
(4) A surface impoundment in which an owner
or operator has stopped adding hazardous waste (except to implement an approved
closure plan) and the owner or operator has begun implementing or completed
closure pursuant to an approved closure plan.
(5) A waste management unit that is used
solely for on-site treatment or storage of hazardous waste that is placed in
the unit as a result of implementing remedial activities required under the
corrective action authorities of RCRA sections3004(u)(u), 3004(v), or 3008(h);
CERCLA authorities; or similar Federal or State authorities.
(6) A waste management unit that is used
solely for the management of radioactive mixed waste in accordance with all
applicable regulations under the authority of the Atomic Energy Act and the
Nuclear Waste Policy Act.
(7) A
hazardous waste management unit that the owner or operator certifies is
equipped with and operating air emission controls in accordance with the
requirements of an applicable Clean Air Act regulation codified under 40 CFR
part 60, part 61, or part 63. For the purpose of complying with this paragraph,
a tank for which the air emission control includes an enclosure, as opposed to
a cover, must be in compliance with the enclosure and control device
requirements of 264.1084(i), except as provided in 264.1082(c)(5).
(8) A tank that has a process vent as defined
in 264.1031.
(c) For the
owner and operator of a facility subject to this subpart who received a final
permit under RCRA section3005prior to December 6, 1996, the requirements of
this subpart shall be incorporated into the permit when the permit is reissued
in accordance with the requirements of 124.15 of this chapter or reviewed in
accordance with the requirements of 270.50(d) of this chapter. Until such date
when the permit is reissued in accordance with the requirements of 124.15 or
reviewed in accordance with the requirements of 270.50(d), the owner and
operator are subject to the requirements of part 265, subpart CC.
(d) The requirements of this subpart, except
for the recordkeeping requirements specified in 264.1089(i) of this subpart,
are administratively stayed for a tank or a container used for the management
of hazardous waste generated by organic peroxide manufacturing and its
associated laboratory operations when the owner or operator of the unit meets
all of the following conditions:
(1) The owner
or operator identifies that the tank or container receives hazardous waste
generated by an organic peroxide manufacturing process producing more than one
functional family of organic peroxides or multiple organic peroxides within one
functional family, that one or more of these organic peroxides could
potentially undergo self-accelerating thermal decomposition at or below ambient
temperatures, and that organic peroxides are the predominant products
manufactured by the process. For the purpose of meeting the conditions of this
paragraph, "organic peroxide" means an organic compound that contains the
bivalent-O-O-structure and which may be considered to be a structural
derivative of hydrogen peroxide where one or both of the hydrogen atoms has
been replaced by an organic radical.
(2) The owner or operator prepares
documentation, in accordance with the requirements of 264.1089(i) of this
subpart, explaining why an undue safety hazard would be created if air emission
controls specified in 264.1084 through 264.1087 of this subpart are installed
and operated on the tanks and containers used at the facility to manage the
hazardous waste generated by the organic peroxide manufacturing process or
processes meeting the conditions of paragraph (d)(1) of this section.
(3) The owner or operator notifies the
Department in writing that hazardous waste generated by an organic peroxide
manufacturing process or processes meeting the conditions of paragraph (d)(1)
of this section are managed at the facility in tanks or containers meeting the
conditions of paragraph (d)(2) of this section. The notification shall state
the name and address of the facility, and be signed and dated by an authorized
representative of the facility owner or operator.
