40 CFR Part 265 -- INTERIM STATUS
STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL
FACILITIES
§265.443 Design and operating requirements.
(a) Drip pads must:
(1) Be constructed of non-earthen materials, excluding wood and non-structurally supported
asphalt;
(2) Be sloped to free-drain treated wood drippage, rain and other waters, or solutions of
drippage and water or other wastes to the associated collection system;
(3) Have a curb or berm around the perimeter;
(4) Be impermeable, e.g., concrete pads must be sealed, coated, or covered with an
impermeable material such that the entire surface where drippage occurs or may run across
is capable of containing such drippage and mixtures of drippage and precipitation,
materials, or other wastes while being routed to an associated collection system.
Note: The requirement that existing drip pads be impermeable, e.g., that drip pads be
sealed, coated, or covered with an impermeable material is administratively stayed. The
stay will remain in effect until October 30, 1992.
Note: The requirement that new drip pads be impermeable, e.g., that new drip pads be
sealed, coated, or covered with an impermeable material is administratively stayed. The
stay will remain in effect until further administrative action is taken.
(5) Be of sufficient structural strength and thickness to prevent failure due to physical
contact, climatic conditions, the stress of installation, and the stress of daily
operations, e.g., variable and moving loads such as vehicle traffic, movement of wood,
etc.
Note: EPA will generally consider applicable standards established by professional
organizations generally recognized by industry such as the American Concrete Institute
(ACI) and the American Society of Testing Materials (ASTM) in judging the structural
integrity requirement of this paragraph.
(b) A new drip pad or an existing drip pad, after the deadline established in §265.441(b)
of this subpart, must have:
(1) A synthetic liner installed below the drip pad that is designed, constructed, and
installed to prevent leakage from the drip pad into the adjacent subsurface soil or
groundwater or surface water at any time during the active life (including the closure
period) of the drip pad. The liner must be constructed of materials that will prevent
waste from being absorbed into the liner and prevent releases into the adjacent subsurface
soil or ground water or surface water during the active life of the facility. The liner
must be:
(i) Constructed of materials that have appropriate chemical properties and sufficient
strength and thickness to prevent failure due to pressure gradients (including static head
and external hydrogeologic forces), physical contact with the waste or drip pad leakage to
which they are exposed, climatic conditions, the stress of installation, and the stress of
daily operation (including stresses from vehicular traffic on the drip pad);
(ii) Placed upon a foundation or base capable of providing support to the liner and
resistance to pressure gradients above and below the liner to prevent failure of the liner
due to settlement, compression or uplift; and
(iii) Installed to cover all surrounding earth that could come in contact with the waste
or leakage; and
(2) A leakage detection system immediately above the liner that is designed, constructed,
maintained and operated to detect leakage from the drip pad. The leakage detection system
must be:
(i) Constructed of materials that are:
(A) Chemically resistant to the waste managed in the drip pad and the leakage that might
be generated; and
(B) Of sufficient strength and thickness to prevent collapse under the pressures exerted
by overlaying materials and by any equipment used at the drip pad; and
(ii) Designed and operated to function without clogging through the scheduled closure of
the drip pad.
(iii) Designed so that it will detect the failure of the drip pad or the presence of a
release of hazardous waste or accumulated liquid at the earliest practicable time.
(c) Drip pads must be maintained such that they remain free of cracks, gaps, corrosion, or
other deterioration that could cause hazardous waste to be released from the drip pad.
Note: See §265.443(m) for remedial action required if deterioration or leakage is
detected.
(d) The drip pad and associated collection system must be designed and operated to convey,
drain, and collect liquid resulting from drippage or precipitation in order to prevent
run-off.
(e) Unless protected by a structure, as described in §265.440(b) of this subpart, the
owner or operator must design, construct, operate and maintain a run-on control system
capable of preventing flow onto the drip pad during peak discharge from at least a
24-hour, 25-year storm unless the system has sufficient excess capacity to contain any
run-on that might enter the system, or the drip pad is protected by a structure or cover,
as described in §265.440(b) of this subpart.
(f) Unless protected by a structure or cover, as described in §265.440(b) of this
subpart, the owner or operator must design, construct, operate and maintain a run-off
management system to collect and control at least the water volume resulting from a
24-hour, 25-year storm.
(g) The drip pad must be evaluated to determine that it meets the requirements of
paragraphs (a) through (f) of this section and the owner or operator must obtain a
statement from an independent, qualified registered professional engineer certifying that
the drip pad design meets the requirements of this section.
(h) Drippage and accumulated precipitation must be removed from the associated collection
system as necessary to prevent overflow onto the drip pad.
(i) The drip pad surface must be cleaned thoroughly at least once every seven days such
that accumulated residues of hazardous waste or other materials are removed, using an
appropriate and effective cleaning technique, including but not limited to, rinsing,
washing with detergents or other appropriate solvents, or steam cleaning. The owner or
operator must document the date and time of each cleaning and the cleaning procedure used
in the facility's operating log.
(j) Drip pads must be operated and maintained in a manner to minimize tracking of
hazardous waste or hazardous waste constituents off the drip pad as a result of activities
by personnel or equipment.
(k) After being removed from the treatment vessel, treated wood from pressure and
non-pressure processes must be held on the drip pad until drippage has ceased. The owner
or operator must maintain records sufficient to document that all treated wood is held on
the pad following treatment in accordance with this requirement.
(l) Collection and holding units associated with run-on and run-off control systems must
be emptied or otherwise managed as soon as possible after storms to maintain design
capacity of the system.
(m) Throughout the active life of the drip pad, if the owner or operator detects a
condition that may have caused or has caused a release of hazardous waste, the condition
must be repaired within a reasonably prompt period of time following discovery, in
accordance with the following procedures:
(1) Upon detection of a condition that may have caused or has caused a release of
hazardous waste (e.g., upon detection of leakage by the leak detection system), the owner
or operator must:
(i) Enter a record of the discovery in the facility operating log;
(ii) Immediately remove the portion of the drip pad affected by the condition from
service;
(iii) Determine what steps must be taken to repair the drip pad, remove any leakage from
below the drip pad, and establish a schedule for accomplishing the clean up and repairs;
(iv) Within 24 hours after discovery of the condition, notify the Regional Administrator
of the condition and, within 10 working days, provide a written notice to the Regional
Administrator with a description of the steps that will be taken to repair the drip pad,
and clean up any leakage, and the schedule for accomplishing this work.
(2) The Regional Administrator will review the information submitted, make a determination
regarding whether the pad must be removed from service completely or partially until
repairs and clean up are complete, and notify the owner or operator of the determination
and the underlying rationale in writing.
(3) Upon completing all repairs and clean up, the owner or operator must notify the
Regional Administrator in writing and provide a certification, signed by an independent
qualified, registered professional engineer, that the repairs and clean up have been
completed according to the written plan submitted in accordance with paragraph (m)(1)(iv)
of this section.
(n) The owner or operator must maintain, as part of the facility operating log,
documentation of past operating and waste handling practices. This must include
identification of preservative formulations used in the past, a description of drippage
management practices, and a description of treated wood storage and handling practices.
(55 FR 50486, Dec. 6, 1990, as amended at 56 FR 30198, July 1, 1991; 57 FR 5861, Feb. 18,
1992)
Effective Date Note: At 56 FR 50486, Dec. 6, 1990, §265.443 was added. Paragraphs (g),
(i), (k), (m)(1)(i), (m)(1)(iv), (m)(3), (n) contains information collection and
recordkeeping requirements and will not become effective until approval has been given by
the Office of Management and Budget. A notice will be published in the Federal Register
once approval has been obtained.
§265.444 Inspections.
(a) During construction or installation, liners and cover systems (e.g., membranes,
sheets, or coatings) must be inspected for uniformity, damage, and imperfections (e.g.,
holes, cracks, thin spots, or foreign materials). Immediately after construction or
installation, liners must be inspected and certified as meeting the requirements of
§265.443 of this subpart by an independent qualified, registered professional engineer.
The certification must be maintained at the facility as part of the facility operating
record. After installation liners and covers must be inspected to ensure tight seams and
joints and the absence of tears, punctures, or blisters.
(b) While a drip pad is in operation, it must be inspected weekly and after storms to
detect evidence of any of the following:
(1) Deterioration, malfunctions or improper operation of run-on and run-off control
systems;
(2) The presence of leakage in and proper functioning of leakage detection system.
(3) Deterioration or cracking of the drip pad surface.
Note: See §265.443(m) for remedial action required if deterioration or leakage is
detected.
Effective Date Note: At 56 FR 50486, Dec. 6, 1990, §265.444 was added. Paragraph (a)
contains information collection and recordkeeping requirements and will not become
effective until approval has been given by the Office of Management and Budget. A notice
will be published in the Federal Register once approval has been obtained.
§265.445 Closure.
(a) At closure, the owner or operator must remove or decontaminate all waste residues,
contaminated containment system components (pad, liners, etc.), contaminated subsoils, and
structures and equipment contaminated with waste and leakage, and manage them as hazardous
waste.
(b) If, after removing or decontaminating all residues and making all reasonable efforts
to effect removal or decontamination of contaminated components, subsoils, structures, and
equipment as required in paragraph (a) of this section, the owner or operator finds that
not all contaminated subsoils can be practically removed or decontaminated, he must close
the facility and perform post/closure care in accordance with closure and post-closure
care requirements that apply to landfills (§265.310). For permitted units, the
requirement to have a permit continues throughout the post-closure period.
(c)(1) The owner or operator of an existing drip pad, as defined in §265.440 of this
subpart, that does not comply with the liner requirements of §265.443(b)(1) must:
(i) Include in the closure plan for the drip pad under §265.112 both a plan for complying
with paragraph (a) of this section and a contingent plan for complying with paragraph (b)
of this section in case not all contaminated subsoils can be practicably removed at
closure; and
(ii) Prepare a contingent post-closure plan under §265.118 of this for complying with
paragraph (b) of this section in case not all contaminated subsoils can be practicably
removed at closure.
(2) The cost estimates calculated under §§265.112 and 265.144 of this part for closure
and post-closure care of a drip pad subject to this paragraph must include the cost of
complying with the contingent closure plan and the contingent post-closure plan, but are
not required to include the cost of expected closure under paragraph (a) of this section.
Effective Date Note: At 56 FR 50486, Dec. 6, 1990, §265.445 was added. Paragraphs
(c)(1)(i), and (c)(1)(ii) contains information collection and recordkeeping requirements
and will not become effective until approval has been given by the Office of Management
and Budget. A notice will be published in the Federal Register once approval has been
obtained.
Subpart AA -- Air Emission Standards for Process Vents
§265.1030 Applicability.
(a) The regulations in this subpart apply to owners and operators of facilities that
treat, store, or dispose of hazardous wastes (except as provided in §265.1).
(b) Except for §265.1034(d) and (e), this subpart applies to process vents associated
with distillation, fractionation, thin-film evaporation, solvent extraction, or air or
steam stripping operations that manage hazardous wastes with organic concentrations of at
least 10 ppmw, if these operations are conducted in:
(1) Units that are subject to the permitting requirements of Part 270, or
(2) Hazardous waste recycling units that are located on hazardous waste management
facilities otherwise subject to the permitting requirements of Part 270.
(Note: The requirements of §§265.1032 through 265.1036 apply to process vents on
hazardous waste recycling units previously exempt under paragraph §261.6(c)(1). Other
exemptions under §§261.4, 262.34, and 265.1(c) are not affected by these requirements.)
(55 FR 25507, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991)
§265.1031 Definitions.
As used in this subpart, all terms shall have the meaning given them in §264.1031, the
Act, and Parts 260-266.
§265.1032 Standards: Process vents.
(a) The owner or operator of a facility with process vents associated with distillation,
fractionation, thin-film evaporation, solvent extraction or air or steam stripping
operations managing hazardous wastes with organic concentrations at least 10 ppmw shall
either:
(1) Reduce total organic emissions from all affected process vents at the facility below
1.4 kg/h (3 lb/h) and 2.8 Mg/yr (3.1 tons/yr), or
(2) Reduce, by use of a control device, total organic emissions from all affected process
vents at the facility by 95 weight percent.
(b) If the owner or operator installs a closed-vent system and control device to comply
with the provisions of paragraph (a) of this section, the closed-vent system and control
device must meet the requirements of §265.1033.
(c) Determinations of vent emissions and emission reductions or total organic compound
concentrations achieved by add-on control devices may be based on engineering calculations
or performance tests. If performance tests are used to determine vent emissions, emission
reductions, or total organic compound concentrations achieved by add-on control devices,
the performance tests must conform with the requirements of §265.1034(c).
(d) When an owner or operator and the Regional Administrator do not agree on
determinations of vent emissions and/or emission reductions or total organic compound
concentrations achieved by add-on control devices based on engineering calculations, the
test methods in §265.1034(c) shall be used to resolve the disagreement.
§265.1033 Standards: Closed-vent systems and control devices.
(a)(1) Owners or operators of closed-vent systems and control devices used to comply with
provisions of this part shall comply with the provisions of this section.
(2) The owner or operator of an existing facility who cannot install a closed-vent system
and control device to comply with the provisions of this subpart on the effective date
that the facility becomes subject to the provisions of this subpart must prepare an
implementation schedule that includes dates by which the closed-vent system and control
device will be installed and in operation. The controls must be installed as soon as
possible, but the implementation schedule may allow up to 18 months after the effective
date that the facility becomes subject to this subpart for installation and startup. All
units that begin operation after December 21, 1990 must comply with the rules immediately
(i.e., must have control devices installed and operating on startup of the affected unit);
the 2-year implementation schedule does not apply to these units.
(b) A control device involving vapor recovery (e.g., a condenser or adsorber) shall be
designed and operated to recover the organic vapors vented to it with an efficiency of 95
weight percent or greater unless the total organic emission limits of §265.1032(a)(1) for
all affected process vents can be attained at an efficiency less than 95 weight percent.
(c) An enclosed combustion device (e.g., a vapor incinerator, boiler, or process heater)
shall be designed and operated to reduce the organic emissions vented to it by 95 weight
percent or greater; to achieve a total organic compound concentration of 20 ppmv,
expressed as the sum of the actual compounds, not carbon equivalents, on a dry basis
corrected to 3 percent oxygen; or to provide a minimum residence time of 0.50 seconds at a
minimum temperature of 760 C. If a boiler or process heater is used as the control device,
then the vent stream shall be introduced into the flame combustion zone of the boiler or
process heater.
(d)(1) A flare shall be designed for and operated with no visible emissions as determined
by the methods specified in paragraph (e)(1) of this section, except for periods not to
exceed a total of 5 minutes during any 2 consecutive hours.
(2) A flare shall be operated with a flame present at all times, as determined by the
methods specified in paragraph (f)(2)(iii) of this section.
(3) A flare shall be used only if the net heating value of the gas being combusted is 11.2
MJ/scm (300 Btu/scf) or greater, if the flare is steam-assisted or air-assisted; or if the
net heating value of the gas being combusted is 7.45 MJ/scm (200 Btu/scf) or greater if
the flare is nonassisted. The net heating value of the gas being combusted shall be
determined by the methods specified in paragraph (e)(2) of this section.
(4)(i) A steam-assisted or nonassisted flare shall be designed for and operated with an
exit velocity, as determined by the methods specified in paragraph (e)(3) of this section,
of less than 18.3 m/s (60 ft/s), except as provided in paragraphs (d)(4) (ii) and (iii) of
this section.
(ii) A steam-assisted or nonassisted flare designed for and operated with an exit
velocity, as determined by the methods specified in paragraph (e)(3) of this section,
equal to or greater than 18.3 m/s (60 ft/s) but less than 122 m/s (400 ft/s) is allowed if
the net heating value of the gas being combusted is greater than 37.3 MJ/scm (1,000
Btu/scf).
(iii) A steam-assisted or nonassisted flare designed for and operated with an exit
velocity, as determined by the methods specified in paragraph (e)(3) of this section, less
than the velocity, Vmax, as determined by the method specified in paragraph (e)(4) of this
section, and less than 122 m/s (400 ft/s) is allowed.
(5) An air-assisted flare shall be designed and operated with an exit velocity less than
the velocity, Vmax, as determined by the method specified in paragraph (e)(5) of this
section.
(6) A flare used to comply with this section shall be steam-assisted. air-assisted, or
nonassisted.
(e)(1) Reference Method 22 in 40 CFR Part 60 shall be used to determine the compliance of
a flare with the visible emission provisions of this subpart. The observation period is 2
hours and shall be used according to Method 22.
(2) The net heating value of the gas being combusted in a flare shall be calculated using
the following equation:
TABLE/GRAPH OMITTED
where:
HT=Net heating value of the sample, MJ/scm; where the net enthalpy per mole of offgas is
based on combustion at 25 C and 760 mm Hg, but the standard temperature for determining
the volume corresponding to 1 mol is 20 C;
K=Constant, 1.74 10^7 (1/ppm) (g mol/scm) (MJ/kcal) where standard temperature for (g
mol/scm) is 20 C;
Ci=Concentration of sample component i in ppm on a wet basis, as measured for organics by
Reference Method 18 in 40 CFR Part 60 and measured for hydrogen and carbon monoxide by
ASTM D 1946-82 (incorporated by reference as specified in §260.11); and
Hi=Net heat of combustion of sample component i, kcal/g mol at 25 C and 760 mm Hg. The
heats of combustion may be determined using ASTM D 2382-83 (incorporated by reference as
specified in §260.11) if published values are not available or cannot be calculated.
(3) The actual exit velocity of a flare shall be determined by dividing the volumetric
flow rate (in units of standard temperature and pressure), as determined by Reference
Methods 2, 2A, 2C, or 2D in 40 CFR Part 60 as appropriate, by the unobstructed (free)
cross-sectional area of the flare tip.
(4) The maximum allowed velocity in m/s, Vmax, for a flare complying with paragraph
(d)(4)(iii) of this section shall be determined by the following equation:
Log10(Vmax)=(HT+28.8)/31.7
where:
HT=The net heating value as determined in paragraph (e)(2) of this section.
28.8=Constant,
31.7=Constant.
(5) The maximum allowed velocity in m/s, Vmax, for an air-assisted flare shall be
determined by the following equation:
Vmax = 8.706 + 0.7084 (HT)
where:
8.706 = Constant.
0.7084 = Constant.
HT = The net heating value as determined in paragraph (e)(2) of this section.
(f) The owner or operator shall monitor and inspect each control device required to comply
with this section to ensure proper operation and maintenance of the control device by
implementing the following requirements:
(1) Install, calibrate, maintain, and operate according to the manufacturer's
specifications a flow indicator that provides a record of vent stream flow from each
affected process vent to the control device at least once every hour. The flow indicator
sensor shall be installed in the vent stream at the nearest feasible point to the control
device inlet, but before being combined with other vent streams.
(2) Install, calibrate, maintain, and operate according to the manufacturer's
specifications a device to continuously monitor control device operation as specified
below:
(i) For a thermal vapor incinerator, a temperature monitoring device equipped with a
continuous recorder. The device shall have an accuracy of 1 percent of the temperature
being monitored in C or 0.5 C. whichever is greater. 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 equipped with a
continuous recorder. The device shall be capable of monitoring temperature at two
locations and have an accuracy of 1 percent of the temperature being monitored in C or 0.5
C. whichever is greater. 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 a flare, a heat sensing monitoring device equipped with a continuous recorder
that indicates the continuous ignition of the pilot flame.
(iv) For a boiler or process heater having a design heat input capacity less than 44 MW, a
temperature monitoring device equipped with a continuous recorder. The device shall have
an accuracy of 1 percent of the temperature being monitored in C or 0.5 C, whichever is
greater. The temperature sensor shall be installed at a location in the furnace downstream
of the combustion zone.
(v) For a boiler or process heater having a design heat input capacity greater than or
equal to 44 MW, a monitoring device equipped with a continuous recorder to measure a
parameter(s) that indicates good combustion operating practices are being used.
(vi) For a condenser, either:
(A) A monitoring device equipped with a continuous recorder to measure the concentration
level of the organic compounds in the exhaust vent stream from the condenser; or
(B) A temperature monitoring device equipped with a continuous recorder. The device shall
be capable of monitoring temperature at two locations and have an accuracy of 1 percent of
the temperature being monitored in C or 0.5 C, whichever is greater. One temperature
sensor shall be installed at a location in the exhaust vent stream from the condenser, and
a second temperature sensor shall be installed at a location in the coolant fluid exiting
the condenser.
(vii) For a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates
the carbon bed directly in the control device, either:
(A) A monitoring device equipped with a continuous recorder to measure the concentration
level of the organic compounds in the exhaust vent stream from the carbon bed, or
(B) A monitoring device equipped with a continuous recorder to measure a parameter that
indicates the carbon bed is regenerated on a regular, predetermined time cycle.
(3) Inspect the readings from each monitoring device required by paragraphs (f) (1) and
(2) of this section at least once each operating day to check control device operation
and, if necessary, immediately implement the corrective measures necessary to ensure the
control device operates in compliance with the requirements of this section.
(g) An owner or operator using a carbon adsorption system such as a fixed-bed carbon
adsorber that regenerates the carbon bed directly onsite in the control device, shall
replace the existing carbon in the control device with fresh carbon at a regular,
predetermined time interval that is no longer than the carbon service life established as
a requirement of §265.1035(b)(4)(iii)(F).
(h) An owner or operator using a carbon adsorption system such as a carbon canister that
does not regenerate the carbon bed directly onsite in the control device shall replace the
existing carbon in the control device with fresh carbon on a regular basis by using one of
the following procedures:
(1) Monitor the concentration level of the organic compounds in the exhaust vent stream
from the carbon adsorption system on a regular schedule and replace the existing carbon
with fresh carbon immediately when carbon breakthrough is indicated. The monitoring
frequency shall be daily or at an interval no greater than 20 percent of the time required
to consume the total carbon working capacity established as a of §265.1035(b)(4)(iii)(G),
whichever is longer.
(2) Replace the existing carbon with fresh carbon at a regular, predetermined time
interval that is less than the design carbon replacement interval established as a
requirement of §265.1035(b)(4)(iii)(G).
(i) An owner or operator of an affected facility seeking to comply with the provisions of
this part by using a control device other than a thermal vapor incinerator, catalytic
vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system
is required to develop documentation including sufficient information to describe the
control device operation and identify the process parameter or parameters that indicate
proper operation and maintenance of the control device.
(j)(1) Closed-vent systems shall be designed for and operated with no detectable
emissions, as indicated by an instrument reading of less 500 ppm above background and by
visual inspections, as determined by the methods specified as §265.1034(b).
(2) Closed-vent systems shall be monitored to determine compliance with this section
during the initial leak detection monitoring which shall be conducted by the date that the
facility becomes subject to the provisions of this section, annually, and at other times
as requested by the Regional Administrator.
(3) Detectable emissions, as indicated by an instrument reading greater than 500 ppm and
visual inspections, shall be controlled as soon as practicable, but not later than 15
calendar days after the emission is detected.
(4) A first attempt at repair shall be made no later than 5 calendar days after the
emission is detected.
(k) Closed-vent systems and control devices used to comply with provisions of this subpart
shall be operated at all times when emissions may be vented to them.