Current through Register Vol. 48, No. 9, September 27, 2024
(a)
The provisions of this section apply to the control of air pollutant emissions
from surface impoundments for which 264.1082(b) of this subpart references the
use of this section for such air emission control.
(b) The owner or operator shall control air
pollutant emissions from the surface impoundment by installing and operating
either of the following:
(1) A floating
membrane cover in accordance with the provisions specified in paragraph (c) of
this section; or
(2) A cover that
is vented through a closed-vent system to a control device in accordance with
the provisions specified in paragraph (d) of this section.
(c) The owner or operator who controls air
pollutant emissions from a surface impoundment using a floating membrane cover
shall meet the requirements specified in paragraphs (c)(1) through (c)(3) of
this section.
(1) The surface impoundment
shall be equipped with a floating membrane cover designed to meet the following
specifications:
(i) 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.
(ii) The cover shall be
fabricated from a synthetic membrane material that is either:
(A) High density polyethylene (HDPE) with a
thickness no less than 2.5 millimeters (mm); or
(B) 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 (c)(1)(ii)(A) of this
section and chemical and physical properties that maintain the material
integrity for the intended service life of the material.
(iii) 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.
(iv) Except
as provided for in paragraph (c)(1)(v) 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.
(v) 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.
(vi) The closure devices shall be made of
suitable materials that will minimize exposure of the hazardous waste to the
atmosphere, to the extent practical, and will maintain the integrity of the
closure devices throughout their intended service life. Factors to be
considered when selecting the materials of construction 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.
(2) Whenever a hazardous waste 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:
(i) Opening of closure devices or removal of
the cover is allowed at the following times:
(A) 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.
(B) To
remove accumulated sludge or other residues from the bottom of surface
impoundment.
(ii)
Opening of a safety device, as defined in 265.1081, is allowed at any time
conditions require doing so to avoid an unsafe condition.
(3) The owner or operator shall inspect the
floating membrane cover in accordance with the following procedures:
(i) 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 pollutant 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.
(ii) The owner or operator
shall perform an initial inspection of the floating membrane cover and its
closure devices on or before the date that the surface impoundment becomes
subject to this section. Thereafter, the owner or operator shall perform the
inspections at least once every year except for the special conditions provided
for in paragraph (g) of this section.
(iii) In the event that a defect is detected,
the owner or operator shall repair the defect in accordance with the
requirements of paragraph (f) of this section.
(iv) The owner or operator shall maintain a
record of the inspection in accordance with the requirements specified in
264.1089(c) of this subpart.
(d) The owner or operator who controls air
pollutant emissions from a surface impoundment using a cover vented to a
control device shall meet the requirements specified in paragraphs (d)(1)
through (d)(3) of this section.
(1) 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:
(i) The cover and its closure
devices shall be designed to form a continuous barrier over the entire surface
area of the liquid in the surface impoundment.
(ii) 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 264.1083(d) of this subpart.
(iii) The cover and its closure devices shall
be made of suitable materials that will minimize exposure of the hazardous
waste to the atmosphere, to the extent practical, and will maintain the
integrity of the cover and closure devices throughout their intended service
life. Factors to be considered when selecting the materials of construction 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.
(iv)
The closed-vent system and control device shall be designed and operated in
accordance with the requirements of 264.1087 of this subpart.
(2) Whenever a hazardous waste 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:
(i) Venting to the control device is not
required, and opening of closure devices or removal of the cover is allowed at
the following times:
(A) 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.
(B) To remove accumulated sludge or other
residues from the bottom of the surface impoundment.
(ii) Opening of a safety device, as defined
in 265.1081, is allowed at any time conditions require doing so to avoid an
unsafe condition.
(3)
The owner or operator shall inspect and monitor the air emission control
equipment in accordance with the following procedures:
(i) The surface impoundment cover and its
closure devices shall be visually inspected by the owner or operator to check
for defects that could result in air pollutant 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.
(ii) The closed-vent
system and control device shall be inspected and monitored by the owner or
operator in accordance with the procedures specified in 264.1087 of this
subpart.
(iii) The owner or
operator shall perform an initial inspection of the air emission control
equipment on or before the date that the surface impoundment becomes subject to
this section. Thereafter, the owner or operator shall perform the inspections
at least once every year except for the special conditions provided for in
paragraph (g) of this section.
(iv)
In the event that a defect is detected, the owner or operator shall repair the
defect in accordance with the requirements of paragraph (f) of this
section.
(v) The owner or operator
shall maintain a record of the inspection in accordance with the requirements
specified in 264.1089(c) of this subpart.
(e) The owner or operator shall transfer
hazardous waste to a surface impoundment subject to this section in accordance
with the following requirements:
(1) Transfer
of hazardous waste, except as provided in paragraph (e)(2) of this section, to
the surface impoundment from another surface impoundment subject to this
section or from a tank subject to 264.1084 of this subpart shall be conducted
using continuous hard-piping or another closed system that does not allow
exposure of the waste to the atmosphere. For the purpose of complying with this
provision, an individual drain system is considered to be a closed system when
it meets the requirements of 40 CFR part 63, subpart RR--National Emission
Standards for Individual Drain Systems.
(2) The requirements of paragraph (e)(1) of
this section do not apply when transferring a hazardous waste to the surface
impoundment under either of the following conditions:
(i) The hazardous waste meets the average VO
concentration conditions specified in 264.1082(c)(1) of this subpart at the
point of waste origination.
(ii)
The hazardous waste has been treated by an organic destruction or removal
process to meet the requirements in 264.1082(c)(2) of this subpart.
(iii) The hazardous waste meets the
requirements of 264.1082(c)(4) of this subpart.
(f) The owner or operator shall repair each
defect detected during an inspection performed in accordance with the
requirements of paragraph (c)(3) or (d)(3) of this section 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 (f)(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 capacity is available at the site to
accept the hazardous waste normally managed in the surface impoundment. In this
case, the owner or operator shall repair the defect the next time the process
or unit that is generating the hazardous waste managed in the surface
impoundment stops operation. Repair of the defect shall be completed before the
process or unit resumes operation.
(g) Following the initial inspection and
monitoring of the cover as required by the applicable provisions of this
subpart, subsequent inspection and monitoring may be performed at intervals
longer than 1 year in the case when inspecting or monitoring the cover would
expose a worker to dangerous, hazardous, or other unsafe conditions. In this
case, the owner or operator may designate the cover as an "unsafe to inspect
and monitor cover" and comply with all of the following requirements:
(1) Prepare a written explanation for the
cover stating the reasons why the cover is unsafe to visually inspect or to
monitor, if required.
(2) Develop
and implement a written plan and schedule to inspect and monitor the cover
using the procedures specified in the applicable section of this subpart as
frequently as practicable during those times when a worker can safely access
the cover.