40 CFR Part 265 -- INTERIM STATUS
STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL
FACILITIES
§265.1034 Test methods and procedures.
(a) Each owner or operator subject to the provisions of this subpart shall comply with the
test methods and procedures requirements provided in this section.
(b) When a closed-vent system is tested for compliance with no detectable emissions, as
required in §265.1033(j), the test shall comply with the following requirements:
(1) Monitoring shall comply with Reference Method 21 in 40 CFR Part 60.
(2) The detection instrument shall meet the performance criteria of Reference Method 21.
(3) The instrument shall be calibrated before use on each day of its use by the procedures
specified in Reference Method 21.
(4) Calibration gases shall be:
(i) Zero air (less than 10 ppm of hydrocarbon in air).
(ii) A mixture of methane or n-hexane and air at a concentration of approximately, but
less than, 10,000 ppm methane or n-hexane.
(5) The background level shall be determined as set forth in Reference Method 21.
(6) The instrument probe shall be traversed around all potential leak interfaces as close
to the interface as possible as described in Reference Method 21.
(7) The arithmetic difference between the maximum concentration indicated by the
instrument and the background level is compared with 500 ppm for determining compliance.
(c) Performance tests to determine compliance with §265.1032(a) and with the total
organic compound concentration limit of §265.1033(c) shall comply with the following:
(1) Performance tests to determine total organic compound concentrations and mass flow
rates entering and exiting control devices shall be conducted and data reduced in
accordance with the following reference methods and calculation procedures:
(i) Method 2 in 40 CFR Part 60 for velocity and volumetric flow rate.
(ii) Method 18 in 40 CFR Part 60 for organic content.
(iii) Each performance test shall consist of three separate runs; each run conducted for
at least 1 hour under the conditions that exist when the hazardous waste management unit
is operating at the highest load or capacity level reasonably expected to occur. For the
purpose of determining total organic compound concentrations and mass flow rates, the
average of results of all runs shall apply. The average shall be computed on a
time-weighted basis.
(iv) Total organic mass flow rates shall be determined by the following equation:
TABLE/GRAPH OMITTED
where:
Eh=Total organic mass flow rate, kg/h;
Qsd=Volumetric flow rate of gases entering or exiting control device, as determined by
Method 2, dscm/h;
n=Number of organic compounds in the vent gas;
Ci=Organic concentration in ppm, dry basis, of compound i in the vent gas, as determined
by Method 18;
MWi=Molecular weight of organic compound i in the vent gas, kg/kg-mol;
0.0416=Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 mm Hg);
10^6=Conversion from ppm, ppm^1.
(v) The annual total organic emission rate shall be determined by the following equation:
EA=(Eh) (H)
where:
EA=Total organic mass emission rate, kg/y;
Eh=Total organic mass flow rate for the process vent, kg/h;
H=Total annual hours of operations for the affected unit, h.
(vi) Total organic emissions from all affected process vents at the facility shall be
determined by summing the hourly total organic mass emission rates (Eh, as determined in
paragraph (c)(1)(iv) of this section) and by summing the annual total organic mass
emission rates (EA, as determined in paragraph (c)(1)(v) of this section) for all affected
process vents at the facility.
(2) The owner or operator shall record such process information as may be necessary to
determine the conditions of the performance tests. Operations during periods of startup,
shutdown, and malfunction shall not constitute representative conditions for the purpose
of a performance test.
(3) The owner or operator of an affected facility shall provide, or cause to be provided,
performance testing facilities as follows:
(i) Sampling ports adequate for the test methods specified in paragraph (c)(1) of this
section.
(ii) Safe sampling platform(s).
(iii) Safe access to sampling platform(s).
(iv) Utilities for sampling and testing equipment.
(4) For the purpose of making compliance determinations, the time-weighted average of the
results of the three runs shall apply. In the event that a sample is accidentally lost or
conditions occur in which one of the three runs must be discontinued because of forced
shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological
conditions, or other circumstances beyond the owner or operator's control, compliance may,
upon the Regional Administrator's approval, be determined using the average of the results
of the two other runs.
(d) To show that a process vent associated with a hazardous waste distillation,
fractionation, thin-film evaporation, solvent extraction, or air or steam stripping
operation is not subject to the requirements of this subpart, the owner or operator must
make an initial determination that the time-weighted, annual average total organic
concentration of the waste managed by the waste management unit is less than 10 ppmw using
one of the following two methods:
(1) Direct measurement of the organic concentration of the waste using the following
procedures:
(i) The owner or operator must take a minimum of four grab samples of waste for each waste
stream managed in the affected unit under process conditions expected to cause the maximum
waste organic concentration.
(ii) For waste generated onsite, the grab samples must be collected at a point before the
waste is exposed to the atmosphere such as in an enclosed pipe or other closed system that
is used to transfer the waste after generation to the first affected distillation
fractionation, thin-film evaporation, solvent extraction, or air or steam stripping
operation. For waste generated offsite, the grab samples must be collected at the inlet to
the first waste management unit that receives the waste provided the waste has been
transferred to the facility in a closed system such as a tank truck and the waste is not
diluted or mixed with other waste.
(iii) Each sample shall be analyzed and the total organic concentration of the sample
shall be computed using Method 9060 or 8240 of SW-846 (incorporated by reference under
§260.11).
(iv) The arithmetic mean of the results of the analyses of the four samples shall apply
for each waste stream managed in the unit in determining the time-weighted, annual average
total organic concentration of the waste. The time-weighted average is to be calculated
using the annual quantity of each waste stream processed and the mean organic
concentration of each waste stream managed in the unit.
(2) Using knowledge of the waste to determine that its total organic concentration is less
than 10 ppmw. Documentation of the waste determination is required. Examples of
documentation that shall be used to support a determination under this provision include
production process information documenting that no organic compounds are used, information
that the waste is generated by a process that is identical to a process at the same or
another facility that has previously been demonstrated by direct measurement to generate a
waste stream having a total organic content less than 10 ppmw, or prior speculation
analysis results on the same waste stream where it can also be documented that no process
changes have occurred since that analysis that could affect the waste total organic
concentration.
(e) The determination that distillation fractionation, thin-film evaporation, solvent
extraction, or air or steam stripping operations manage hazardous wastes with
time-weighted annual average total organic concentrations less than 10 ppmw shall be made
as follows:
(1) By the effective date that the facility becomes subject to the provisions of this
subpart or by the date when the waste is first managed in a waste management unit,
whichever is later; and
(2) For continuously generated waste, annually; or
(3) Whenever there is a change in the waste being managed or a change in the process that
generates or treats the waste.
(f) When an owner or operator and the Regional Administrator do not agree on whether a
distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam
stripping operation manages a hazardous waste with organic concentrations of at least 10
ppmw based on knowledge of the waste, the procedures in Method 8240 can be used to resolve
the dispute.
(55 FR 25507, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991)
§265.1035 Recordkeeping requirements.
(a)(1) Each owner or operator subject to the provisions of this subpart shall comply with
the recordkeeping requirements of this section.
(2) An owner or operator of more than one hazardous waste management unit subject to the
provisions of this subpart may comply with the recordkeeping requirements for these
hazardous waste management units in one recordkeeping system if the system identifies each
record by each hazardous waste management unit.
(b) Owners and operators must record the following information in the facility operating
record:
(1) For facilities that comply with the provisions of §265.1033(a)(2), an implementation
schedule that includes dates by which the closed-vent system and control device will be
installed and in operation. The schedule must also include a rationale of why the
installation cannot be completed at an earlier date. The implementation schedule must be
in the facility operating record by the effective date that the facility becomes subject
to the provisions of this subpart.
(2) Up-to-date documentation of compliance with the process vent standards in §265.1032.
including:
(i) Information and data identifying all affected process vents, annual throughput end
operating hours of each affected unit, estimated emission rates for each affected vent and
for the overall facility (i.e., the total emissions for all affected vents at the
facility), and the approximate location within the facility of each affected unit (e.g.,
identify the hazardous waste management units on a facility plot plan); and
(ii) Information and data supporting determinations of vent emissions and emission
reductions achieved by add-on control devices based on engineering calculations or source
tests. For the purpose of determining compliance, determinations of vent emissions and
emission reductions must be made using operating parameter values (e.g., temperatures,
flow rates or vent stream organic compounds and concentrations) that represent the
conditions that result in maximum organic emissions, such as when the waste management
unit is operating at the highest load or capacity level reasonably expected to occur. If
the owner or operator takes any action (e.g., managing a waste of different composition or
increasing operating hours of affected waste management units) that would result in an
increase in total organic emissions from affected process vents at the facility, then a
new determination is required.
(3) Where an owner or operator chooses to use test data to determine the organic removal
efficiency or total organic compound concentration achieved by the control device, a
performance test plan. The test plan must include:
(i) A description of how it is determined that the planned test is going to be conducted
when the hazardous waste management unit is operating at the highest load or capacity
level reasonably expected to occur. This shall include the estimated or design flow rate
and organic content of each vent stream and define the acceptable operating ranges of key
process and control device parameters during the test program.
(ii) A detailed engineering description of the closed-vent system and control device
including:
(A) Manufacturer's name and model number of control device.
(B) Type of control device.
(C) Dimensions of the control device.
(D) Capacity.
(E) Construction materials.
(iii) A detailed description of sampling and monitoring procedures, including sampling and
monitoring locations in the system, the equipment to be used, sampling and monitoring
frequency, and planned analytical procedures for sample analysis.
(4) Documentation of compliance with §265.1033 shall include the following information:
(i) A list of all information references and sources used in preparing the documentation.
(ii) Records, including the dates, of each compliance test required by §265.1033(j).
(iii) If engineering calculations are used, a design analysis, specifications, drawings,
schematics, and piping and instrumentation diagrams based on the appropriate sections of
"APTI Course 415: Control of Gaseous Emissions'' (incorporated by reference as
specified in 260.11) or other engineering texts acceptable to the Regional Administrator
that present basic control device design information. Documentation provided by the
control device manufacturer or vendor that describes the control device design in
accordance with paragraphs through (b)(4)(iii)(G) of this section may be used to comply
with this requirement. The design analysis shall address the vent stream characteristics
and control device operation parameters as specified below.
(A) For a thermal vapor incinerator, the design analysis shall consider the vent stream
composition, constituent concentrations, and flow rate. The design analysis shall also
establish the design minimum and average temperature in the combustion zone and the
combustion zone residence time.
(B) For a catalytic vapor incinerator, the design analysis shall consider the vent stream
composition, constituent concentrations, and flow rate. The design analysis shall also
establish the design minimum and average temperatures across the catalyst bed inlet and
outlet.
(C) For a boiler or process heater, the design analysis shall consider the vent stream
composition, constituent concentrations, and flow rate. The design analysis shall also
establish the design minimum and average flame zone temperatures, combustion zone
residence time, and description of method and location where the vent stream is introduced
into the combustion zone.
(D) For a flare, the design analysis shall consider the vent stream composition,
constituent concentrations, and flow rate. The design analysis shall also consider the
requirements specified in §265.1033(d).
(E) For a condenser, the design analysis shall consider the vent stream composition,
constituent concentrations, flow rate, relative humidity, and temperature. The design
analysis shall also establish the design outlet organic compound concentration level,
design average temperature of the condenser exhaust vent stream, and design average
temperatures of the coolant fluid at the condenser inlet and outlet.
(F) For a carbon adsorption system such as a fixed-bed adsorber that regenerates the
carbon bed directly onsite in the control device, the design analysis shall consider the
vent stream composition, constituent concentrations, flow rate, relative humidity, and
temperature. The design analysis shall also establish the design exhaust vent stream
organic compound concentration level, number and capacity of carbon beds, type and working
capacity of activated carbon used for carbon beds, design total steam flow over the period
of each complete carbon bed regeneration cycle, duration of the carbon bed steaming and
cooling/drying cycles, design carbon bed temperature after regeneration, design carbon bed
regeneration time, and design service life of carbon.
(G) For a carbon adsorption system such as a carbon canister that does not regenerate the
carbon bed directly onsite in the control device, the design analysis shall consider the
vent stream composition, constituent concentrations, flow rate, relative humidity, and
temperature. The design analysis shall also establish the design outlet organic
concentration level, capacity of carbon bed, type and working capacity of activated carbon
used for carbon bed, and design carbon replacement interval based on the total carbon
working capacity of the control device and source operating schedule.
(iv) A statement signed and dated by the owner or operator certifying that the operating
parameters used in the design analysis reasonably represent the conditions that exist when
the hazardous waste management unit is or would be operating at the highest load or
capacity level reasonably expected to occur.
(v) A statement signed and dated by the owner or operator certifying that the control
device is designed to operate at an efficiency of 95 percent or greater unless the total
organic concentration limit of §265.1032(a) is achieved at an efficiency less than 95
weight percent or the total organic emission limits of §265.1032(a) for affected process
vents at the facility can be attained by a control device involving vapor recovery at an
efficiency less than 95 weight percent. A statement provided by the control device
manufacturer or vendor certifying that the control equipment meets the design
specifications may be used to comply with this requirement.
(vi) If performance tests are used to demonstrate compliance, all test results.
(c) Design documentation and monitoring, operating, and inspection information for each
closed-vent system and control device required to comply with the provisions of this part
shall be recorded and kept up-to-date in the facility operating record. The information
shall include:
(1) Description and date of each modification that is made to the closed-vent system or
control device design.
(2) Identification of operating parameter, description of monitoring device, and diagram
of monitoring sensor location or locations used to comply with §265.1033(f)(1) and
(f)(2).
(3) Monitoring, operating and inspection information required by paragraphs (f) through
(j) of §265.1033.
(4) Date, time, and duration of each period that occurs while the control device is
operating when any monitored parameter exceeds the value established in the control device
design analysis as specified below:
(i) For a thermal vapor incinerator designed to operate with a minimum residence time of
0.50 seconds at a minimum temperature of 760 C. period when the combustion temperature is
below 760 C.
(ii) For a thermal vapor incinerator designed to operate with an organic emission
reduction efficiency of 95 percent or greater, period when the combustion zone temperature
is more than 28 C below the design average combustion zone temperature established as a
requirement of paragraph (b)(4)(iii)(A) of this section.
(iii) For a catalytic vapor incinerator, period when:
(A) Temperature of the vent stream at the catalyst bed inlet is more than 28 C below the
average temperature of the inlet vent stream established as a requirement of paragraph
(b)(4)(iii)(B) of this section; or
(B) Temperature difference across the catalyst bed is less than 80 percent of the design
average temperature difference established as a requirement of paragraph (b)(4)(iii)(B) of
this section.
(iv) For a boiler or process heater, period when:
(A) Flame zone temperature is more than 28 C below the design average flame zone
temperature established as a requirement of paragraph (b)(4)(iii)(C) of this section; or
(B) Position changes where the vent stream is introduced to the combustion zone from the
location established as a requirement of paragraph (b)(4)(iii)(C) of this section.
(v) For a flare, period when the pilot flame is not ignited.
(vi) For a condenser that complies with §265.1033(f)(2)(vi)(A), period when the organic
compound concentration level or readings of organic compounds in the exhaust vent stream
from the condenser are more than 20 percent greater than the design outlet organic
compound concentration level established as a requirement of paragraph (b)(4)(iii)(E) of
this section.
(vii) For a condenser that complies with §265.1033(f)(2)(vi)(B), period when:
(A) Temperature of the exhaust vent stream from the condenser is more than 6 C above the
design average exhaust vent stream temperature established as a requirement of paragraph
(b)(4)(iii)(E) of this section; or
(B) Temperature of the coolant fluid exiting the condenser is more than 6 C above the
design average coolant fluid temperature at the condenser outlet established as a
requirement of paragraph (b)(4)(iii)(E) of this section.
(viii) For a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates
the carbon bed directly onsite in the control device and complies with
§265.1033(f)(2)(vii)(A), period when the organic compound concentration level or readings
of organic compounds in the exhaust vent stream from the carbon bed are more than 20
percent greater than the design exhaust vent stream organic compound concentration level
established as a requirement of paragraph (b)(4)(iii)(F) of this section.
(ix) For a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates
the carbon bed directly onsite in the control device and complies with
§265.1033(f)(2)(vii)(B), period when the vent stream continues to flow through the
control device beyond the predetermined carbon bed regeneration time established as a
requirement of paragraph (b)(4)(iii)(F) of this section.
(5) Explanation for each period recorded under paragraph (c)(4) of this section of the
cause for control device operating parameter exceeding the design value and the measures
implemented to correct the control device operation.
(6) For carbon adsorption systems operated subject to requirements specified in
§265.1033(g) or §265.1033(h)(2), date when existing carbon in the control device is
replaced with fresh carbon.
(7) For carbon adsorption systems operated subject to requirements specified in
§265.1033(h)(1), a log that records:
(i) Date and time when control device is monitored for carbon breakthrough and the
monitoring device reading.
(ii) Date when existing carbon in the control device is replaced with fresh carbon.
(8) Date of each control device startup and shutdown.
(d) Records of the monitoring, operating, and inspection information required by
paragraphs (c)(3) through (c)(8) of this section need be kept only 3 years.
(e) For a control device other than a thermal vapor incinerator, catalytic vapor
incinerator, flare, boiler, process heater, condenser, or carbon adsorption system,
monitoring and inspection information indicating proper operation and maintenance of the
control device must be recorded in the facility operating record.
(f) Up-to-date information and data used to determine whether or not a process vent is
subject to the requirements in §265.1032 including supporting documentation as required
by §265.1034(d)(2) when application of the knowledge of the nature of the hazardous waste
stream or the process by which it was produced is used, shall be recorded in a log that is
kept in the facility operating record.
(Approved by the Office of Management and Budget under control number 2060-0195)
(55 FR 25507, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991)
§§265.1036 -- 265.1049 (Reserved)
Subpart BB -- Air Emission Standards for Equipment Leaks
§265.1050 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 as provided in §265.1064(j), this subpart applies to equipment that contains
or contacts hazardous wastes with organic concentrations of at least 10 percent by weight
that are managed 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.
(c) Each piece of equipment to which this subpart applies shall be marked in such a manner
that it can be distinguished readily from other pieces of equipment.
(d) Equipment that is in vacuum service is excluded from the requirements of §§265.1052
to 265.1060 if it is identified as required in §265.1064(g)(5).
(Note: The requirements of §§265.1052 through 265.1064 apply to equipment associated
with 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.)
§265.1051 Definitions.
As used in this subpart, all terms shall have the meaning given them in §264.1031, the
Act, and Parts 260-266.
§265.1052 Standards: Pumps in light liquid service.
(a)(1) Each pump in light liquid service shall be monitored monthly to detect leaks by the
methods specified in §265.1063(b), except as provided in paragraphs (d), (e), and (f) of
this section.
(2) Each pump in light liquid service shall be checked by visual inspection each calendar
week for indications of liquids dripping from the pump seal.
(b)(1) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.
(2) If there are indications of liquids dripping from the pump seal, a leak is detected.
(c)(1) When a leak is detected, it shall be repaired as soon as practicable, but not later
than 15 calendar days after it is detected, except as provided in §265.1059.
(2) A first attempt at repair (e.g., tightening the packing gland) shall be made no later
than 5 calendar days after each leak is detected.
(d) Each pump equipped with a dual mechanical seal system that includes a barrier fluid
system is exempt from the requirements of paragraph (a), provided the following
requirements are met:
(1) Each dual mechanical seal system must be:
(i) Operated with the barrier fluid at a pressure that is at all times greater than the
pump stuffing box pressure, or
(ii) Equipped with a barrier fluid degassing reservoir that is connected by a closed-vent
system to a control device that complies with the requirements of §265.1060, or
(iii) Equipped with a system that purges the barrier fluid into a hazardous waste stream
with no detectable emissions to the atmosphere.
(2) The barrier fluid system must not be a hazardous waste with organic concentrations 10
percent or greater by weight.
(3) Each barrier fluid system must be equipped with a sensor that will detect failure of
the seal system, the barrier fluid system or both.
(4) Each pump must be checked by visual inspection, each calendar week, for indications of
liquids dripping from the pump seals.
(5)(i) Each sensor as described in paragraph (d)(3) of this section must be checked daily
or be equipped with an audible alarm that must be checked monthly to ensure that it is
functioning properly.
(ii) The owner or operator must determine, based on design considerations and operating
experience, a criterion that indicates failure of the seal system, the barrier fluid
system, or both.
(6)(i) If there are indications of liquids dripping from the pump seal or the sensor
indicates failure of the seal system, the barrier fluid system, or both based on the
criterion determined in paragraph (d)(5)(ii) of this section, a leak is detected.
(ii) When a leak is detected, it shall be repaired as soon as practicable, but not later
than 15 calendar days after it is detected, as provided in §265.1059.
(iii) A first attempt at repair (e.g., relapping the seal) shall be made no later than 5
calendar days after each leak is detected.
(e) Any pump that is designated, as described in §265.1064(g)(2), for no detectable
emissions, as indicated by an instrument reading of less than 500 ppm above background, is
exempt from the requirements of paragraphs (a), (c), and (d) of this section if the pump
meets the following requirements:
(1) Must have no externally actuated shaft penetrating the pump housing.
(2) Must operate with no detectable emissions as indicated by an instrument reading of
less than 500 ppm above background as measured by the methods specified in §265.1063(c).
(3) Must be tested for compliance with paragraph (e)(2) of this section initially upon
designation, annually, and at other times as requested by the Regional Administrator.
(f) If any pump is equipped with a closed-vent system capable of capturing and
transporting any leakage from the seal or seals to a control device that complies with the
requirements of §265.1060, it is from the requirements of paragraphs (a) through (e) of
this section.
(55 FR 25512, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991)