(c)
A tank, surface impoundment, or container is exempt from standards specified in
264.1084 through 264.1087 of this subpart, as applicable, provided that the
waste management unit is one of the following:
(1) A tank, surface impoundment, or container
for which all hazardous waste entering the unit has an average VO concentration
at the point of waste origination of less than 500 parts per million by weight
(ppmw). The average VO concentration shall be determined using the procedures
specified in 264.1083(a) of this subpart. 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 hazardous waste streams
entering the unit.
(2) A tank,
surface impoundment, or container for which the organic content of all the
hazardous waste entering the waste management unit has been reduced by an
organic destruction or removal process that achieves any one of the following
conditions:
(i) A process that removes or
destroys the organics contained in the hazardous waste to a level such that the
average VO concentration of the hazardous waste at the point of waste treatment
is less than the exit concentration limit (Ct)
established for the process. The average VO concentration of the hazardous
waste at the point of waste treatment and the exit concentration limit for the
process shall be determined using the procedures specified in 264.1083(b) of
this subpart.
(ii) A process that
removes or destroys the organics contained in the hazardous waste to a level
such that the organic reduction efficiency (R) for the process is equal to or
greater than 95 percent, and the average VO concentration of the hazardous
waste at the point of waste treatment is less than 100 ppmw. The organic
reduction efficiency for the process and the average VO concentration of the
hazardous waste at the point of waste treatment shall be determined using the
procedures specified in 264.1083(b) of this subpart.
(iii) A process that removes or destroys the
organics contained in the hazardous waste to a level such that the actual
organic mass removal rate (MR) for the process is equal to or greater than the
required organic mass removal rate (RMR) established for the process. The
required organic mass removal rate and the actual organic mass removal rate for
the process shall be determined using the procedures specified in 264.1083(b)
of this subpart.
(iv) A biological
process that destroys or degrades the organics contained in the hazardous
waste, such that either of the following conditions is met:
(A) The organic reduction efficiency (R) for
the process is equal to or greater than 95 percent, and the organic
biodegradation efficiency (Rbio) for the process is
equal to or greater than 95 percent. The organic reduction efficiency and the
organic biodegradation efficiency for the process shall be determined using the
procedures specified in 264.1083(b) of this subpart.
(B) The total actual organic mass
biodegradation rate (MRbio) for all hazardous waste
treated by the process is equal to or greater than the required organic mass
removal rate (RMR). The required organic mass removal rate and the actual
organic mass biodegradation rate for the process shall be determined using the
procedures specified in 264.1083(b) of this subpart.
(v) A process that removes or destroys the
organics contained in the hazardous waste and meets all of the following
conditions:
(A) From the point of waste
origination through the point where the hazardous waste enters the treatment
process, the hazardous waste is managed continuously in waste management units
which use air emission controls in accordance with the standards specified in
264.1084 through 264.1087 of this subpart, as applicable to the waste
management unit.
(B) From the point
of waste origination through the point where the hazardous waste enters the
treatment process, any transfer of the hazardous waste is accomplished through
continuous hard-piping or other closed system transfer that does not allow
exposure of the waste to the atmosphere. The EPA considers a drain system that
meets the requirements of 40 CFR part 63, subpart RR--National Emission
Standards for Individual Drain Systems to be a closed system.
(C) The average VO concentration of the
hazardous waste at the point of waste treatment is less than the lowest average
VO concentration at the point of waste origination determined for each of the
individual waste streams entering the process or 500 ppmw, whichever value is
lower. The average VO concentration of each individual waste stream at the
point of waste origination shall be determined using the procedures specified
in 264.1083(a) of this subpart. The average VO concentration of the hazardous
waste at the point of waste treatment shall be determined using the procedures
specified in 264.1083(b) of this subpart.
(vi) A process that removes or destroys the
organics contained in the hazardous waste to a level such that the organic
reduction efficiency (R) for the process is equal to or greater than 95 percent
and the owner or operator certifies that the average VO concentration at the
point of waste origination for each of the individual waste streams entering
the process is less than 10,000 ppmw. The organic reduction efficiency for the
process and the average VO concentration of the hazardous waste at the point of
waste origination shall be determined using the procedures specified in
264.1083(b) and 264.1083(a) of this subpart, respectively.
(vii) A hazardous waste incinerator for which
the owner or operator has either:
(A) Been
issued a final permit under part 270 which implements the requirements of
subpart O of this part; or
(B) Has
designed and operates the incinerator in accordance with the interim status
requirements of part 265, subpart O.
(viii) A boiler or industrial furnace for
which the owner or operator has either:
(A)
Been issued a final permit under part 270 which implements the requirements of
part 266, subpart H, or
(B) Has
designed and operates the boiler or industrial furnace in accordance with the
interim status requirements of part 266, subpart H.
(ix) For the purpose of determining the
performance of an organic destruction or removal process in accordance with the
conditions in each of paragraphs (c)(2)(i) through (c)(2)(vi) of this section,
the owner or operator shall account for VO concentrations determined to be
below the limit of detection of the analytical method by using the following VO
concentration:
(A) 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 section4.4 of Method 25D in 40 CFR part 60,
appendix A, or a value of 25 ppmw, whichever is less.
(B) If any other analytical method is used,
one-half the sum of the limits of detection established for each organic
constituent in the waste that has a Henry's law constant value 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 x 10-6
atmospheres/gram-mole/m3] at 25 degrees
Celsius.
(3)
A tank or surface impoundment used for biological treatment of hazardous waste
in accordance with the requirements of paragraph (c)(2)(iv) of this
section.
(4) A tank, surface
impoundment, or container for which all hazardous waste placed in the unit
either:
(i) Meets the numerical concentration
limits for organic hazardous constituents, applicable to the hazardous waste,
as specified in part 268--Land Disposal Restrictions under Table "Treatment
Standards for Hazardous Waste" in 268.40; or
(ii) The organic hazardous constituents in
the waste have been treated by the treatment technology established by the EPA
for the waste in 268.42(a), or have been removed or destroyed by an equivalent
method of treatment approved by EPA pursuant to 268.42(b).
(5) A tank used for bulk feed of hazardous
waste to a waste incinerator and 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 November 25, 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 or electrical equipment; or to direct air flow into the enclosure.
The owner or operator shall perform the verification procedure for the
enclosure as specified in Section5.0 to "Procedure T--Criteria for and
Verification of a Permanent or Temporary Total Enclosure" annually.