Cal. Code Regs. Tit. 22, § 66265.1083 - Standards: General
(a)
This section applies to the management of hazardous waste in tanks, surface
impoundments, and containers subject to this article.
(b) The owner or operator shall control air
pollutant emissions from each hazardous waste management unit in accordance
with standards specified in sections
66265.1085 through
66265.1088 as applicable to the
hazardous waste management unit , except as provided for in subsection (c) of
this section.
(c) A tank , surface
impoundment , or container is exempt from standards specified in sections
66265.1085 through
66265.1088 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 section
66265.1084(a) of
this article. 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:
(A) 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 section
66265.1084(b).
(B) 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
section 66265.1084(b).
(C) 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 section
66265.1084(b).
(D) A biological process that destroys or
degrades the organics contained in the hazardous waste , such that either of the
following conditions is met:
1. 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 section
66265.1084(b).
2. 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 section
66265.1084(b).
(E) A process that removes or destroys the
organics contained in the hazardous waste and meets all of the following
conditions:
1. 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
sections 66265.1085 through
66265.1088 as applicable to the
waste management unit .
2. 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.
3. 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 section
66265.1084(a).
The average VO concentration of the hazardous waste at the point of waste
treatment shall be determined using the procedures specified in section
66265.1084(b).
(F) 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
sections 66265.1084(b) and
66265.1084(a),
respectively.
(G) A hazardous waste
incinerator for which the owner or operator has either:
1. Been issued a final permit under chapter
20 which implements the requirements of chapter 14, article 15; or
2. Has designed and operates the incinerator
in accordance with the interim status requirements of chapter 15, article 15 of
this division.
(H) A
boiler or industrial furnace for which the owner or operator has either:
1. Been issued a final permit under chapter
20 which implements the requirements of chapter 16, article 8, or
2. Has designed and operates the boiler or
industrial furnace in accordance with the interim status requirements of
chapter 16, article 8 of this division.
(I) For the purpose of determining the
performance of an organic destruction or removal process in accordance with the
conditions in each of subsections (c)(2)(A) through (c)(2)(F) 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 :
1. 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 section 4.4 of Method 25D in 40 CFR part 60,
appendix A, or a value of 25 ppmw, whichever is less.
2. 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 subsection (c)(2)(D) of this
section.
(4) A tank , surface
impoundment , or container for which all hazardous waste placed in the unit
either:
(A) Meets the numerical concentration
limits for organic hazardous constituents, applicable to the hazardous waste ,
as specified in chapter 18--Land Disposal Restrictions under Table "Treatment
Standards for Hazardous Waste " in section
66268.40; or
(5) A tank used for bulk feed of hazardous
waste to a waste incinerator and all of the following conditions are met:
(A) 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;
(B) The
enclosure and control device serving the tank were installed and began
operation prior to November 25, 1996; and
(C) 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 Section 5.0 to "Procedure T--Criteria for and Verification of a
Permanent or Temporary Total Enclosure " annually.
(d) The Department may at any time perform or
request that the owner or operator perform a waste determination for a
hazardous waste managed in a tank , surface impoundment , or container exempted
from using air emission controls under the provisions of this section as
follows:
(1) The waste determination for
average VO concentration of a hazardous waste at the point of waste origination
shall be performed using direct measurement in accordance with the applicable
requirements of section
66265.1084(a).
The waste determination for a hazardous waste at the point of waste treatment
shall be performed in accordance with the applicable requirements of section
66265.1084(b).
(2) In performing a waste determination
pursuant to subsection (d)(1) of this section, the sample preparation and
analysis shall be conducted as follows:
(A)
In accordance with the method used by the owner or operator to perform the
waste analysis, except in the case specified in subsection (d)(2)(B) of this
section.
(B) If the Department
determines that the method used by the owner or operator was not appropriate
for the hazardous waste managed in the tank , surface impoundment , or container ,
then the Department may choose an appropriate method.
(3) In a case when the owner or operator is
requested to perform the waste determination , the Department may elect to have
an authorized representative observe the collection of the hazardous waste
samples used for the analysis.
(4)
In a case when the results of the waste determination performed or requested by
the Department do not agree with the results of a waste determination performed
by the owner or operator using knowledge of the waste , then the results of the
waste determination performed in accordance with the requirements of subsection
(d)(1) of this section shall be used to establish compliance with the
requirements of this article.
(5)
In a case when the owner or operator has used an averaging period greater than
1 hour for determining the average VO concentration of a hazardous waste at the
point of waste origination, the Department may elect to establish compliance
with this article by performing or requesting that the owner or operator
perform a waste determination using direct measurement based on waste samples
collected within a 1-hour period as follows:
(A) The average VO concentration of the
hazardous waste at the point of waste origination shall be determined by direct
measurement in accordance with the requirements of section
66265.1084(a).
(B) Results of the waste determination
performed or requested by the Department showing that the average VO
concentration of the hazardous waste at the point of waste origination is equal
to or greater than 500 ppmw shall constitute noncompliance with this article
except in a case as provided for in subsection (d)(5)(C) of this
section.
(C) For the case when the
average VO concentration of the hazardous waste at the point of waste
origination previously has been determined by the owner or operator using an
averaging period greater than 1 hour to be less than 500 ppmw but because of
normal operating process variations the VO concentration of the hazardous waste
determined by direct measurement for any given 1-hour period may be equal to or
greater than 500 ppmw, information that was used by the owner or operator to
determine the average VO concentration of the hazardous waste (e.g., test
results, measurements, calculations, and other documentation) and recorded in
the facility records in accordance with the requirements of section
66265.1084(a) and
section 66265.1090 shall be considered by
the Department together with the results of the waste determination performed
or requested by the Department in establishing compliance with this
article.
Notes
Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.1083.
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