Utah Admin. Code R315-264-1080 - Air Emission Standards for Tanks, Surface Impoundments, and Containers - Applicability
(a) The
requirements of Sections R315-264-1080 through 1090 apply to owners and
operators of all facilities that treat, store, or dispose of hazardous waste in
tanks, surface impoundments, or containers subject to either Sections
R315-264-170
through 179, 190 through 200, or 220 through 232 except as Section
R315-264-1
and Subsection R315-264-1080(b) provide otherwise.
(b) The requirements of Sections
R315-264-1080 through 1090 do not apply to the following waste management units
at the facility:
(1) A waste management unit
that holds hazardous waste placed in the unit before December 6, 1996, and in
which no hazardous waste is added to the unit on or after December 6, 1996.
(2) A container that has a design
capacity less than or equal to 0.1 cubic meter.
(3) A tank in which an owner or operator has
stopped adding hazardous waste and the owner or operator has begun implementing
or completed closure pursuant to an approved closure plan.
(4) A surface impoundment in which an owner
or operator has stopped adding hazardous waste, except to implement an approved
closure plan, and the owner or operator has begun implementing or completed
closure pursuant to an approved closure plan.
(5) A waste management unit that is used
solely for on-site treatment or storage of hazardous waste that is placed in
the unit as a result of implementing remedial activities required under the
corrective action authorities of RCRA sections 3004(u), 3004(v), or 3008(h);
CERCLA authorities; or similar Federal or Utah authorities.
(6) A waste management unit that is used
solely for the management of radioactive mixed waste in accordance with all
applicable regulations under the authority of the Atomic Energy Act and the
Nuclear Waste Policy Act.
(7) A
hazardous waste management unit that the owner or operator certifies is
equipped with and operating air emission controls in accordance with the
requirements of an applicable regulation codified under the Utah Air
Conservation Act. For the purpose of complying with Subsection
R315-264-1080(b), a tank for which the air emission control includes an
enclosure, as opposed to a cover, shall be in compliance with the enclosure and
control device requirements of Subsection
R315-264-1084(i),
except as provided in Subsection
R315-264-1082(c)(5).
(8) A tank that has a process vent
as defined in Section
R315-264-1031.
(c) For the owner and
operator of a facility subject to Sections R315-264-1080 through 1090 who
received a final permit under RCRA section 3005 prior to December 6, 1996, the
requirements of Sections R315-264-1080 through 1090 shall be incorporated into
the permit when the permit is reissued in accordance with the requirements of
Section
R315-124-15
or reviewed in accordance with the requirements of Subsection
R315-270-50(d).
Until such date when the permit is reissued in accordance with the requirements
of Section
R315-124-15
or reviewed in accordance with the requirements of Subsection
R315-270-50(d),
the owner and operator are subject to the requirements of
40 CFR
265.1080 through 1090, which are adopted by
reference.
(d) The requirements of
Sections R315-264-1080 through 1090, except for the recordkeeping requirements
specified in Subsection
R315-264-1089(i),
are administratively stayed for a tank or a container used for the management
of hazardous waste generated by organic peroxide manufacturing and its
associated laboratory operations when the owner or operator of the unit meets
all of the following conditions:
(1) The
owner or operator identifies that the tank or container receives hazardous
waste generated by an organic peroxide manufacturing process producing more
than one functional family of organic peroxides or multiple organic peroxides
within one functional family, that one or more of these organic peroxides could
potentially undergo self-accelerating thermal decomposition at or below ambient
temperatures, and that organic peroxides are the predominant products
manufactured by the process. For the purpose of meeting the conditions of
Section R315-264-1080, "organic peroxide" means an organic compound that
contains the bivalent structure and which may be considered to be a structural
derivative of hydrogen peroxide where one or both of the hydrogen atoms has
been replaced by an organic radical.
(2) The owner or operator prepares
documentation, in accordance with the requirements of Subsection
R315-264-1089(i),
explaining why an undue safety hazard would be created if air emission controls
specified in Sections
R315-264-1084
through 1087 are installed and operated on the tanks and containers used at the
facility to manage the hazardous waste generated by the organic peroxide
manufacturing process or processes meeting the conditions of Subsection
R315-264-1080(d)(1).
(3) The owner
or operator notifies the Director in writing that hazardous waste generated by
an organic peroxide manufacturing process or processes meeting the conditions
of Subsection R315-264-1080(d)(1) are managed at the facility in tanks or
containers meeting the conditions of Subsection R315-264-1080(d)(2). The
notification shall state the name and address of the facility, and be signed
and dated by an authorized representative of the facility owner or operator.
Notes
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