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(continued)
(2) When a container having a design capacity greater than 0.1 m <>3 is used for treatment of a hazardous waste by a waste stabilization process, the owner or operator shall control air pollutant emissions from the container in accordance with the Container Level 3 standards specified in subsection (e) of this section at those times during the waste stabilization process when the hazardous waste in the container is exposed to the atmosphere.
(c) Container Level 1 standards.
(1) A container using Container Level 1 controls is one of the following:
(A) A container that meets the applicable U.S. Department of Transportation (DOT) regulations on packaging hazardous materials for transportation as specified in subsection (f) of this section.
(B) A container equipped with a cover and closure devices that form a continuous barrier over the container openings such that when the cover and closure devices are secured in the closed position there are no visible holes, gaps, or other open spaces into the interior of the container. The cover may be a separate cover installed on the container (e.g., a lid on a drum or a suitably secured tarp on a roll-off box) or may be an integral part of the container structural design (e.g., a "portable tank" or bulk cargo container equipped with a screw-type cap).
(C) An open-top container in which an organic-vapor suppressing barrier is placed on or over the hazardous waste in the container such that no hazardous waste is exposed to the atmosphere. One example of such a barrier is application of a suitable organic-vapor suppressing foam.
(2) A container used to meet the requirements of subsection (c)(1)(B) or (c)(1)(C) of this section shall be equipped with covers and closure devices, as applicable to the container, that are composed of suitable materials to minimize exposure of the hazardous waste to the atmosphere and to maintain the equipment integrity for as long as it is in service. Factors to be considered in selecting the materials of construction and designing the cover and closure devices shall include: Organic vapor permeability, the effects of contact with the hazardous waste or its vapor managed in the container; the effects of outdoor exposure of the closure device or cover material to wind, moisture, and sunlight; and the operating practices for which the container is intended to be used.
(3) Whenever a hazardous waste is in a container using Container Level 1 controls, the owner or operator shall install all covers and closure devices for the container, as applicable to the container, and secure and maintain each closure device in the closed position except as follows:
(A) Opening of a closure device or cover is allowed for the purpose of adding hazardous waste or other material to the container as follows:
1. In the case when the container is filled to the intended final level in one continuous operation, the owner or operator shall promptly secure the closure devices in the closed position and install the covers, as applicable to the container, upon conclusion of the filling operation.
2. In the case when discrete quantities or batches of material intermittently are added to the container over a period of time, the owner or operator shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon either the container being filled to the intended final level; the completion of a batch loading after which no additional material will be added to the container within 15 minutes; the person performing the loading operation leaving the immediate vicinity of the container; or the shutdown of the process generating the material being added to the container, whichever condition occurs first.
(B) Opening of a closure device or cover is allowed for the purpose of removing hazardous waste from the container as follows:
1. For the purpose of meeting the requirements of this section, an empty container as defined in section 66261.7(b) may be open to the atmosphere at any time (i.e., covers and closure devices are not required to be secured in the closed position on an empty container).
2. In the case when discrete quantities or batches of material are removed from the container but the container does not meet the conditions to be an empty container as defined in section 66261.7(b), the owner or operator shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon the completion of a batch removal after which no additional material will be removed from the container within 15 minutes or the person performing the unloading operation leaves the immediate vicinity of the container, whichever condition occurs first.
(C) Opening of a closure device or cover is allowed when access inside the container is needed to perform routine activities other than transfer of hazardous waste. Examples of such activities include those times when a worker needs to open a port to measure the depth of or sample the material in the container, or when a worker needs to open a manhole hatch to access equipment inside the container. 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 container.
(D) Opening of a spring-loaded, pressure-vacuum relief valve, conservation vent, or similar type of pressure relief device which vents to the atmosphere is allowed during normal operations for the purpose of maintaining the container internal pressure in accordance with the design specifications of the container. The device shall be designed to operate with no detectable organic emissions when the device is secured in the closed position. The settings at which the device opens shall be established such that the device remains in the closed position whenever the internal pressure of the container is within the internal pressure operating range determined by the owner or operator based on container manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials. Examples of normal operating conditions that may require these devices to open are during those times when the internal pressure of the container exceeds the internal pressure operating range for the container as a result of loading operations or diurnal ambient temperature fluctuations.
(E) Opening of a safety device, as defined in section 66260.10 is allowed at any time conditions require doing so to avoid an unsafe condition.
(4) The owner or operator of containers using Container Level 1 controls shall inspect the containers and their covers and closure devices as follows:
(A) In the case when a hazardous waste already is in the container at the time the owner or operator first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility (i.e., does not meet the conditions for an empty container as specified in section 66261.7(b)), the owner or operator shall visually inspect the container and its cover and closure devices to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. The container visual inspection shall be conducted on or before the date that the container is accepted at the facility (i.e., the date the container becomes subject to the chapter 30 container standards). For purposes of this requirement, the date of acceptance is the date of signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous Waste Manifest in the appendix to chapter 12 (EPA Forms 8700-22 and 8700-22A), as required under section 66265.71. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (c)(4)(C) of this section.
(B) In the case when a container used for managing hazardous waste remains at the facility for a period of 1 year or more, the owner or operator shall visually inspect the container and its cover and closure devices initially and thereafter, at least once every 12 months, to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (c)(4)(C) of this section.
(C) When a defect is detected for the container, cover, or closure devices, the owner or operator shall make first efforts at repair of the defect no later than 24 hours after detection, and repair shall be completed as soon as possible but no later than 5 calendar days after detection. If repair of a defect cannot be completed within 5 calendar days, then the hazardous waste shall be removed from the container and the container shall not be used to manage hazardous waste until the defect is repaired.
(5) The owner or operator shall maintain at the facility a copy of the procedure used to determine that containers with capacity of 0.46 m <>3 or greater, which do not meet applicable DOT regulations as specified in subsection (f) of this section, are not managing hazardous waste in light material service.
(d) Container Level 2 standards.
(1) A container using Container Level 2 controls is one of the following:
(A) A container that meets the applicable U.S. Department of Transportation (DOT) regulations on packaging hazardous materials for transportation as specified in subsection (f) of this section.
(B) A container that operates with no detectable organic emissions as defined in section 66260.10 and determined in accordance with the procedure specified in subsection (g) of this section.
(C) A container that has been demonstrated within the preceding 12 months to be vapor-tight by using 40 CFR part 60, appendix A, Method 27 in accordance with the procedure specified in subsection (h) of this section.
(2) Transfer of hazardous waste in or out of a container using Container Level 2 controls shall be conducted in such a manner as to minimize exposure of the hazardous waste to the atmosphere, to the extent practical, considering the physical properties of the hazardous waste and good engineering and safety practices for handling flammable, ignitable, explosive, reactive or other hazardous materials. Examples of container loading procedures that the EPA considers to meet the requirements of this subsection include using any one of the following: A submerged-fill pipe or other submerged-fill method to load liquids into the container; a vapor-balancing system or a vapor-recovery system to collect and control the vapors displaced from the container during filling operations; or a fitted opening in the top of a container through which the hazardous waste is filled and subsequently purging the transfer line before removing it from the container opening.
(3) Whenever a hazardous waste is in a container using Container Level 2 controls, the owner or operator shall install all covers and closure devices for the container, and secure and maintain each closure device in the closed position except as follows:
(A) Opening of a closure device or cover is allowed for the purpose of adding hazardous waste or other material to the container as follows:
1. In the case when the container is filled to the intended final level in one continuous operation, the owner or operator shall promptly secure the closure devices in the closed position and install the covers, as applicable to the container, upon conclusion of the filling operation.
2. In the case when discrete quantities or batches of material intermittently are added to the container over a period of time, the owner or operator shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon either the container being filled to the intended final level; the completion of a batch loading after which no additional material will be added to the container within 15 minutes; the person performing the loading operation leaving the immediate vicinity of the container; or the shutdown of the process generating the material being added to the container, whichever condition occurs first.
(B) Opening of a closure device or cover is allowed for the purpose of removing hazardous waste from the container as follows:
1. For the purpose of meeting the requirements of this section, an empty container as defined in section 66261.7(b) may be open to the atmosphere at any time (i.e., covers and closure devices are not required to be secured in the closed position on an empty container).
2. In the case when discrete quantities or batches of material are removed from the container but the container does not meet the conditions to be an empty container as defined in section 66261.7(b), the owner or operator shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon the completion of a batch removal after which no additional material will be removed from the container within 15 minutes or the person performing the unloading operation leaves the immediate vicinity of the container, whichever condition occurs first.
(C) Opening of a closure device or cover is allowed when access inside the container is needed to perform routine activities other than transfer of hazardous waste. Examples of such activities include those times when a worker needs to open a port to measure the depth of or sample the material in the container, or when a worker needs to open a manhole hatch to access equipment inside the container. 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 container.
(D) Opening of a spring-loaded, pressure-vacuum relief valve, conservation vent, or similar type of pressure relief device which vents to the atmosphere is allowed during normal operations for the purpose of maintaining the internal pressure of the container in accordance with the container design specifications. The device shall be designed to operate with no detectable organic emission when the device is secured in the closed position. The settings at which the device opens shall be established such that the device remains in the closed position whenever the internal pressure of the container is within the internal pressure operating range determined by the owner or operator based on container manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials. Examples of normal operating conditions that may require these devices to open are during those times when the internal pressure of the container exceeds the internal pressure operating range for the container as a result of loading operations or diurnal ambient temperature fluctuations.
(E) Opening of a safety device, as defined in section 66260.10 is allowed at any time conditions require doing so to avoid an unsafe condition.
(4) The owner or operator of containers using Container Level 2 controls shall inspect the containers and their covers and closure devices as follows:
(A) In the case when a hazardous waste already is in the container at the time the owner or operator first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility (i.e., does not meet the conditions for an empty container as specified in section 66261.7(b)), the owner or operator shall visually inspect the container and its cover and closure devices to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. The container visual inspection shall be conducted on or before the date that the container is accepted at the facility (i.e., the date the container becomes subject to the chapter 30 container standards). For purposes of this requirement, the date of acceptance is the date of signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous Waste Manifest in the appendix to chapter 12 (EPA Forms 8700-22 and 8700-22A), as required under section 66265.71. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (d)(4)(C) of this section.
(B) In the case when a container used for managing hazardous waste remains at the facility for a period of 1 year or more, the owner or operator shall visually inspect the container and its cover and closure devices initially and thereafter, at least once every 12 months, to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (d)(4)(C) of this section.
(C) When a defect is detected for the container, cover, or closure devices, the owner or operator shall make first efforts at repair of the defect no later than 24 hours after detection, and repair shall be completed as soon as possible but no later than 5 calendar days after detection. If repair of a defect cannot be completed within 5 calendar days, then the hazardous waste shall be removed from the container and the container shall not be used to manage hazardous waste until the defect is repaired.
(e) Container Level 3 standards.
(1) A container using Container Level 3 controls is one of the following:
(A) A container that is vented directly through a closed-vent system to a control device in accordance with the requirements of subsection (e)(2)(B) of this section.
(B) A container that is vented inside an enclosure which is exhausted through a closed-vent system to a control device in accordance with the requirements of subsections (e)(2)(A) and (e)(2)(B) of this section.
(2) The owner or operator shall meet the following requirements, as applicable to the type of air emission control equipment selected by the owner or operator:
(A) The container enclosure shall be 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 containers through the enclosure by conveyor or other mechanical means; entry of permanent mechanical or electrical equipment; or direct airflow 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" initially when the enclosure is first installed and, thereafter, annually.
(B) The closed-vent system and control device shall be designed and operated in accordance with the requirements of section 66265.1088.
(3) Safety devices, as defined in section 66260.10 may be installed and operated as necessary on any container, enclosure, closed-vent system, or control device used to comply with the requirements of subsection (e)(1) of this section.
(4) Owners and operators using Container Level 3 controls in accordance with the provisions of this article shall inspect and monitor the closed-vent systems and control devices as specified in section 66265.1088.
(5) Owners and operators that use Container Level 3 controls in accordance with the provisions of this article shall prepare and maintain the records specified in section 66265.1090(d).
(6) Transfer of hazardous waste in or out of a container using Container Level 3 controls shall be conducted in such a manner as to minimize exposure of the hazardous waste to the atmosphere, to the extent practical, considering the physical properties of the hazardous waste and good engineering and safety practices for handling flammable, ignitable, explosive, reactive, or other hazardous materials. Examples of container loading procedures that the EPA considers to meet the requirements of this paragraph include using any one of the following: A submerged-fill pipe or other submerged-fill method to load liquids into the container; a vapor-balancing system or a vapor-recovery system to collect and control the vapors displaced for the container during filling operations; or a fitted opening in the top of a container through which the hazardous waste is filled and subsequently purging the transfer line before removing it from the container opening.
(f) For the purpose of compliance with subsection (c)(1)(A) or (d)(1)(A) of this section, containers shall be used that meet the applicable U.S. Department of Transportation (DOT) regulations on packaging hazardous materials for transportation as follows:
(1) The container meets the applicable requirements specified in 49 CFR part 178--Specifications for Packaging or 49 CFR part 179--Specifications for Tank Cars.
(2) Hazardous waste is managed in the container in accordance with the applicable requirements specified in 49 CFR part 107, subpart B-- Exemptions; 49 CFR part 172--Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements; 49 CFR part 173--Shippers--General Requirements for Shipments and Packages; and 49 CFR part 180--Continuing Qualification and Maintenance of Packagings.
(3) For the purpose of complying with this article, no exceptions to the 49 CFR part 178 or part 179 regulations are allowed except as provided for in subsection (f)(4) of this section.
(4) For a lab pack that is managed in accordance with the requirements of 49 CFR part 178 for the purpose of complying with this article, an owner or operator may comply with the exceptions for combination packagings specified in 49 CFR 173.12(b).
(g) To determine compliance with the no detectable organic emissions requirements of subsection (d)(1)(B) of this section, the procedure specified in section 66265.1084(d) shall be used.
(1) Each potential leak interface (i.e., a location where organic vapor leakage could occur) on the container, its cover, and associated closure devices, as applicable to the container, shall be checked. Potential leak interfaces that are associated with containers include, but are not limited to: The interface of the cover rim and the container wall; the periphery of any opening on the container or container cover and its associated closure device; and the sealing seat interface on a spring-loaded pressure-relief valve.
(2) The test shall be performed when the container is filled with a material having a volatile organic concentration representative of the range of volatile organic concentrations for the hazardous wastes expected to be managed in this type of container. During the test, the container cover and closure devices shall be secured in the closed position.
(h) Procedure for determining a container to be vapor-tight using Method 27 of 40 CFR part 60, appendix A for the purpose of complying with subsection (d)(1)(C) of this section.
(1) The test shall be performed in accordance with Method 27 of 40 CFR part 60, appendix A of this chapter.
(2) A pressure measurement device shall be used that has a precision of +2.5 mm water and that is capable of measuring above the pressure at which the container is to be tested for vapor tightness.
(3) If the test results determined by Method 27 indicate that the container sustains a pressure change less than or equal to 750 Pascals within 5 minutes after it is pressurized to a minimum of 4,500 Pascals, then the container is determined to be vapor-tight.
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 265.1087.
s 66265.1088. Standards: Closed-Vent Systems and Control Devices.
(a) This section applies to each closed-vent system and control device installed and operated by the owner or operator to control air emissions in accordance with standards of this article.
(b) The closed-vent system shall meet the following requirements:
(1) The closed-vent system shall route the gases, vapors, and fumes emitted from the hazardous waste in the waste management unit to a control device that meets the requirements specified in subsection (c) of this section.
(2) The closed-vent system shall be designed and operated in accordance with the requirements specified in section 66265.1033(j).
(3) In the case when the closed-vent system includes bypass devices that could be used to divert the gas or vapor stream to the atmosphere before entering the control device, each bypass device shall be equipped with either a flow indicator as specified in subsection (b)(3)(A) of this section or a seal or locking device as specified in subsection (b)(3)(B) of this section. For the purpose of complying with this subsection, low leg drains, high point bleeds, analyzer vents, open-ended valves or lines, spring-loaded pressure relief valves, and other fittings used for safety purposes are not considered to be bypass devices.
(A) If a flow indicator is used to comply with subsection (b)(3) of this section, the indicator shall be installed at the inlet to the bypass line used to divert gases and vapors from the closed-vent system to the atmosphere at a point upstream of the control device inlet. For this subsection, a flow indicator means a device which indicates the presence of either gas or vapor flow in the bypass line.
(B) If a seal or locking device is used to comply with subsection (b)(3) of this section, the device shall be placed on the mechanism by which the bypass device position is controlled (e.g., valve handle, damper lever) when the bypass device is in the closed position such that the bypass device cannot be opened without breaking the seal or removing the lock. Examples of such devices include, but are not limited to, a car-seal or a lock-and-key configuration valve. The owner or operator shall visually inspect the seal or closure mechanism at least once every month to verify that the bypass mechanism is maintained in the closed position.
(4) The closed-vent system shall be inspected and monitored by the owner or operator in accordance with the procedure specified in section 66265.1033(k).
(c) The control device shall meet the following requirements:
(1) The control device shall be one of the following devices:
(A) A control device designed and operated to reduce the total organic content of the inlet vapor stream vented to the control device by at least 95 percent by weight;
(B) An enclosed combustion device designed and operated in accordance with the requirements of section 66265.1033(c); or
(C) A flare designed and operated in accordance with the requirements of section 66265.1033(d).
(2) The owner or operator who elects to use a closed-vent system and control device to comply with the requirements of this section shall comply with the requirements specified in subsections (c)(2)(A) through (c)(2)(F) of this section.
(A) Periods of planned routine maintenance of the control device, during which the control device does not meet the specifications of subsections (c)(1)(A), (c)(1)(B), or (c)(1)(C) of this section, as applicable, shall not exceed 240 hours per year.
(B) The specifications and requirements in subsections (c)(1)(A), (c)(1)(B), and (c)(1)(C) of this section for control devices do not apply during periods of planned routine maintenance.
(C) The specifications and requirements in subsections (c)(1)(A), (c)(1)(B), and (c)(1)(C) of this section for control devices do not apply during a control device system malfunction.
(D) The owner or operator shall demonstrate compliance with the requirements of subsection (c)(2)(A) of this section (i.e., planned routine maintenance of a control device, during which the control device does not meet the specifications of subsections (c)(1)(A), (c)(1)(B), or (c)(1)(C) of this section, as applicable, shall not exceed 240 hours per year) by recording the information specified in section 66265.1090(e)(1)(E).
(E) The owner or operator shall correct control device system malfunctions as soon as practicable after their occurrence in order to minimize excess emissions of air pollutants.
(F) The owner or operator shall operate the closed-vent system such that gases, vapors, and/or fumes are not actively vented to the control device during periods of planned maintenance or control device system malfunction (i.e., periods when the control device is not operating or not operating normally) except in cases when it is necessary to vent the gases, vapors, or fumes to avoid an unsafe condition or to implement malfunction corrective actions or planned maintenance actions.
(3) The owner or operator using a carbon adsorption system to comply with subsection (c)(1) of this section shall operate and maintain the control device in accordance with the following requirements:
(A) Following the initial startup of the control device, all activated carbon in the control device shall be replaced with fresh carbon on a regular basis in accordance with the requirements of section 66265.1033(g) or section 66265.1033(h).
(B) All carbon that is a hazardous waste and that is removed from the control device shall be managed in accordance with the requirements of section 66265.1033(m), regardless of the average volatile organic concentration of the carbon.
(4) An owner or operator using a control device other than a thermal vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system to comply with subsection (c)(1) of this section shall operate and maintain the control device in accordance with the requirements of section 66265.1033(i).
(5) The owner or operator shall demonstrate that a control device achieves the performance requirements of subsection (c)(1) of this section as follows:
(A) An owner or operator shall demonstrate using either a performance test as specified in subsection (c)(5)(C) of this section or a design analysis as specified in subsection (c)(5)(D) of this section the performance of each control device except for the following:
1. A flare;
2. A boiler or process heater with a design heat input capacity of 44 megawatts or greater;
3. A boiler or process heater into which the vent stream is introduced with the primary fuel;
4. A boiler or industrial furnace burning hazardous waste for which the owner or operator has been issued a final permit under chapter 20 and has designed and operates the unit in accordance with the requirements of chapter 16, article 8; or
5. A boiler or industrial furnace burning hazardous waste for which the owner or operator has designed and operates in accordance with the interim status requirements of chapter 16, article 8.
(B) An owner or operator shall demonstrate the performance of each flare in accordance with the requirements specified in section 66265.1033(e).
(C) For a performance test conducted to meet the requirements of subsection (c)(5)(A) of this section, the owner or operator shall use the test methods and procedures specified in section 66265.1034(c)(1) through (c)(4).
(D) For a design analysis conducted to meet the requirements of subsection (c)(5)(A) of this section, the design analysis shall meet the requirements specified in section 66265.1035(b)(4)(C).
(E) The owner or operator shall demonstrate that a carbon adsorption system achieves the performance requirements of subsection (c)(1) of this section based on the total quantity of organics vented to the atmosphere from all carbon adsorption system equipment that is used for organic adsorption, organic desorption or carbon regeneration, organic recovery, and carbon disposal.
(6) If the owner or operator and the Department do not agree on a demonstration of control device performance using a design analysis then the disagreement shall be resolved using the results of a performance test performed by the owner or operator in accordance with the requirements of subsection (c)(5)(C) of this section. The Department may choose to have an authorized representative observe the performance test.
(7) The closed-vent system and control device shall be inspected and monitored by the owner or operator in accordance with the procedures specified in sections 66265.1033(f)(2) and 66265.1033(k). The readings from each monitoring device required by section 66265.1033(f)(2) shall be inspected at least once each operating day to check control device operation. Any necessary corrective measures shall be immediately implemented to ensure the control device is operated in compliance with the requirements of this section.
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 265.1088.
s 66265.1089. Inspection and Monitoring Requirements.
(a) The owner or operator shall inspect and monitor air emission control equipment used to comply with this article in accordance with the applicable requirements specified in sections 66265.1085 through 66265.1088.
(b) The owner or operator shall develop and implement a written plan and schedule to perform the inspections and monitoring required by subsection (a) of this section. The owner or operator shall incorporate this plan and schedule into the facility inspection plan required under section 66265.15.
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 265.1089.
s 66265.1090. Recordkeeping Requirements.
(a) Each owner or operator of a facility subject to requirements in this article shall record and maintain the information specified in subsections (b) through (j) of this section, as applicable to the facility. Except for air emission control equipment design documentation and information required by subsections (i) and (j) of this section, records required by this section shall be maintained in the operating record for a minimum of 3 years. Air emission control equipment design documentation shall be maintained in the operating record until the air emission control equipment is replaced or otherwise no longer in service. Information required by subsections (i) and (j) of this section shall be maintained in the operating record for as long as the waste management unit is not using air emission controls specified in sections 66265.1085 through 66265.1088 in accordance with the conditions specified in section 66265.1080(d) or section 66265.1080(b)(7) of this article, respectively.
(b) The owner or operator of a tank using air emission controls in accordance with the requirements of section 66265.1085 shall prepare and maintain records for the tank that include the following information:
(1) For each tank using air emission controls in accordance with the requirements of section 66265.1085, the owner or operator shall record:
(A) A tank identification number (or other unique identification description as selected by the owner or operator).
(B) A record for each inspection required by section 66265.1085 that includes the following information:
1. Date inspection was conducted.
2. For each defect detected during the inspection: The location of the defect, a description of the defect, the date of detection, and corrective action taken to repair the defect. In the event that repair of the defect is delayed in accordance with the provisions of section 66265.1085 the owner or operator shall also record the reason for the delay and the date that completion of repair of the defect is expected.
(2) In addition to the information required by subsection (b)(1) of this section, the owner or operator shall record the following information, as applicable to the tank:
(A) The owner or operator using a fixed roof to comply with the Tank Level 1 control requirements specified in section 66265.1085(c) shall prepare and maintain records for each determination for the maximum organic vapor pressure of the hazardous waste in the tank performed in accordance with the requirements of section 66265.1085(c). The records shall include the date and time the samples were collected, the analysis method used, and the analysis results.
(B) The owner or operator using an internal floating roof to comply with the Tank Level 2 control requirements specified in section 66265.1085(e) shall prepare and maintain documentation describing the floating roof design.
(C) Owners and operators using an external floating roof to comply with the Tank Level 2 control requirements specified in section 66265.1085(f) shall prepare and maintain the following records:
1. Documentation describing the floating roof design and the dimensions of the tank.
2. Records for each seal gap inspection required by section 66265.1085(f)(3) describing the results of the seal gap measurements. The records shall include the date that the measurements were performed, the raw data obtained for the measurements, and the calculations of the total gap surface area. In the event that the seal gap measurements do not conform to the specifications in section 66265.1085(f)(1), the records shall include a description of the repairs that were made, the date the repairs were made, and the date the tank was emptied, if necessary.
(D) Each owner or operator using an enclosure to comply with the Tank Level 2 control requirements specified in section 66265.1085(i) shall prepare and maintain the following records:
1. Records for the most recent set of calculations and measurements performed by the owner or operator to verify that the enclosure meets the criteria of 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.
2. Records required for the closed-vent system and control device in accordance with the requirements of subsection (e) of this section.
(c) The owner or operator of a surface impoundment using air emission controls in accordance with the requirements of section 66265.1086 shall prepare and maintain records for the surface impoundment that include the following information:
(1) A surface impoundment identification number (or other unique identification description as selected by the owner or operator).
(2) Documentation describing the floating membrane cover or cover design, as applicable to the surface impoundment, that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the specifications listed in section 66265.1086(c).
(3) A record for each inspection required by section 66265.1086 that includes the following information:
(A) Date inspection was conducted.
(B) For each defect detected during the inspection the following information: The location of the defect, a description of the defect, the date of detection, and corrective action taken to repair the defect. In the event that repair of the defect is delayed in accordance with the provisions of section 66265.1086(f), the owner or operator shall also record the reason for the delay and the date that completion of repair of the defect is expected.
(4) For a surface impoundment equipped with a cover and vented through a closed-vent system to a control device, the owner or operator shall prepare and maintain the records specified in subsection (e) of this section.
(d) The owner or operator of containers using Container Level 3 air emission controls in accordance with the requirements of section 66265.1087 shall prepare and maintain records that include the following information:
(1) Records for the most recent set of calculations and measurements performed by the owner or operator to verify that the enclosure meets the criteria of 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.
(2) Records required for the closed-vent system and control device in accordance with the requirements of subsection (e) of this section.
(e) The owner or operator using a closed-vent system and control device in accordance with the requirements of section 66265.1088 shall prepare and maintain records that include the following information:
(1) Documentation for the closed-vent system and control device that includes:
(A) Certification that is signed and dated by the owner or operator stating that the control device is designed to operate at the performance level documented by a design analysis as specified in subsection (e)(1)(B) of this section or by performance tests as specified in subsection (e)(1)(C) of this section when the tank, surface impoundment, or container is or would be operating at capacity or the highest level reasonably expected to occur.
(B) If a design analysis is used, then design documentation as specified in section 66265.1035(b)(4). The documentation shall include information prepared by the owner or operator or provided by the control device manufacturer or vendor that describes the control device design in accordance with section 66265.1035(b)(4)(C) and certification by the owner or operator that the control equipment meets the applicable specifications.
(C) If performance tests are used, then a performance test plan as specified in section 66265.1035(b)(3) and all test results.
(D) Information as required by sections 66265.1035(c)(1) and 66265.1035(c)(2), as applicable.
(E) An owner or operator shall record, on a semiannual basis, the information specified in subsections (e)(1)(E)1. and (e)(1)(E)2. of this section for those planned routine maintenance operations that would require the control device not to meet the requirements of section 66265.1088 (c)(1)(A), (c)(1)(B), or (c)(1)(C), as applicable.
1. A description of the planned routine maintenance that is anticipated to be performed for the control device during the next 6-month period. This description shall include the type of maintenance necessary, planned frequency of maintenance, and lengths of maintenance periods.
2. A description of the planned routine maintenance that was performed for the control device during the previous 6-month period. This description shall include the type of maintenance performed and the total number of hours during those 6 months that the control device did not meet the requirements of section 66265.1088 (c)(1)(A), (c)(1)(B), or (c)(1)(C), as applicable, due to planned routine maintenance.
(F) An owner or operator shall record the information specified in subsections (e)(1)(F)1. through (e)(1)(F)3. of this section for those unexpected control device system malfunctions that would require the control device not to meet the requirements of section 66265.1088 (c)(1)(A), (c)(1)(B), or (c)(1)(C), as applicable.
1. The occurrence and duration of each malfunction of the control device system.
2. The duration of each period during a malfunction when gases, vapors, or fumes are vented from the waste management unit through the closed-vent system to the control device while the control device is not properly functioning.
3. Actions taken during periods of malfunction to restore a malfunctioning control device to its normal or usual manner of operation.
(G) Records of the management of carbon removed from a carbon adsorption system conducted in accordance with section 66265.1088(c)(3)(B).
(f) The owner or operator of a tank, surface impoundment, or container exempted from standards in accordance with the provisions of section 66265.1083(c) shall prepare and maintain the following records, as applicable:
(1) For tanks, surface impoundments, or containers exempted under the hazardous waste organic concentration conditions specified in section 66265.1083(c)(1) or sections 66265.1084(c)(2)(A) through (c)(2)(F) the owner or operator shall record the information used for each waste determination (e.g., test results, measurements, calculations, and other documentation) in the facility operating log. If analysis results for waste samples are used for the waste determination, then the owner or operator shall record the date, time, and location that each waste sample is collected in accordance with applicable requirements of section 66265.1084.
(2) For tanks, surface impoundments, or containers exempted under the provisions of sections 66265.1083(c)(2)(G) or 66265.1083(c)(2)(H), the owner or operator shall record the identification number for the incinerator, boiler, or industrial furnace in which the hazardous waste is treated.
(g) An owner or operator designating a cover as "unsafe to inspect and monitor" pursuant to sections 66265.1085(l) or 66265.1086(g) shall record in a log that is kept in the facility operating record the following information: The identification numbers for waste management units with covers that are designated as "unsafe to inspect and monitor," the explanation for each cover stating why the cover is unsafe to inspect and monitor, and the plan and schedule for inspecting and monitoring each cover.
(h) The owner or operator of a facility that is subject to this article and to the control device standards in 40 CFR part 60, subpart VV, or 40 CFR part 61, subpart V, may elect to demonstrate compliance with the applicable sections of this article by documentation either pursuant to this article, or pursuant to the provisions of 40 CFR part 60, subpart VV or 40 CFR part 61, subpart V, to the extent that the documentation required by 40 CFR parts 60 or 61 duplicates the documentation required by this section.
(i) For each tank or container not using air emission controls specified in sections 66265.1085 through 66265.1088 in accordance with the conditions specified in section 66265.1080(d), the owner or operator shall record and maintain the following information:
(1) A list of the individual organic peroxide compounds manufactured at the facility that meet the conditions specified in section 66265.1080(d)(1).
(2) A description of how the hazardous waste containing the organic peroxide compounds identified in subsection (i)(1) of this section are managed at the facility in tanks and containers. This description shall include the following information:
(A) For the tanks used at the facility to manage this hazardous waste, sufficient information shall be provided to describe for each tank: A facility identification number for the tank; the purpose and placement of this tank in the management train of this hazardous waste; and the procedures used to ultimately dispose of the hazardous waste managed in the tanks.
(B) For containers used at the facility to manage these hazardous wastes, sufficient information shall be provided to describe: A facility identification number for the container or group of containers; the purpose and placement of this container, or group of containers, in the management train of this hazardous waste; and the procedures used to ultimately dispose of the hazardous waste handled in the containers.
(3) An explanation of why managing the hazardous waste containing the organic peroxide compounds identified in subsection (i)(1) of this section in the tanks and containers as described in subsection (i)(2) of this section would create an undue safety hazard if the air emission controls, as required under sections 66265.1085 through 66265.1088, are installed and operated on these waste management units. This explanation shall include the following information:
(A) For tanks used at the facility to manage these hazardous wastes, sufficient information shall be provided to explain: How use of the required air emission controls on the tanks would affect the tank design features and facility operating procedures currently used to prevent an undue safety hazard during the management of this hazardous waste in the tanks; and why installation of safety devices on the required air emission controls, as allowed under this article, will not address those situations in which evacuation of tanks equipped with these air emission controls is necessary and consistent with good engineering and safety practices for handling organic peroxides.
(B) For containers used at the facility to manage these hazardous wastes, sufficient information shall be provided to explain: How use of the required air emission controls on the containers would affect the container design features and handling procedures currently used to prevent an undue safety hazard during the management of this hazardous waste in the containers; and why installation of safety devices on the required air emission controls, as allowed under this article, will not address those situations in which evacuation of containers equipped with these air emission controls is necessary and consistent with good engineering and safety practices for handling organic peroxides.
(j) For each hazardous waste management unit not using air emission controls specified in sections 66265.1085 through 66265.1088 in accordance with the provisions of sections 66265.1080(b)(7) the owner and operator shall record and maintain the following information: (continued)