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Subpart 373-2: Final Status Standards For Owners and Operators Of Hazardous Waste Treatment, Storage and Disposal Facilities - Page 6

(Statutory Authority: Environmental Conservation Law Section 27-0900 et seq)

[Effective September 5, 2006]

[page 6 of 7]

Pages in this Part:
Sections 1 to Section 7
Section 8(a)-(i)
Section 8 (j)
Sections 9 to Section 13
Sections 14 to Section 27
Sections 28 to Section 29
Sections 30 to Appendix 33

Contents:

Sec.

§373-2.28 - Air Emission Standards for Equipment Leaks

(a) Applicability.

(1) The regulations in this section apply to owners and operators of facilities that treat, store, or dispose of hazardous wastes (except as provided in subdivision 373-2.1(a)).

(2) Except as provided in paragraph 373-2.28(o)(11), this section applies to equipment that contains or contacts hazardous wastes with organic concentrations of at least 10 percent by weight that are managed in one of the following:

(i) A unit that is subject to the permitting requirements of Subpart 373-1, or

(ii) A unit (including a hazardous waste recycling unit) that is not exempt from permitting under the provisions of subparagraph 372.2(a)(8)(ii) of this Title (i.e., a hazardous waste recycling unit that is not a "90-day" tank or container) and that is located at a hazardous waste management facility otherwise subject to the permitting requirements of Subpart 373-1 of this Title, or

(iii) A unit that is exempt from permitting under the provisions of subparagraph 372.2(a)(8)(ii) of this Title (i.e., a "90-day" tank or container) and is not a recycling unit under the provisions of subdivision 371.1(g) of this Title.

(3) For the owner or operator of a facility subject to this section and who has received a final permit under section 3005 of RCRA or Subpart 373-1 of this Part prior to December 6, 1996, the requirements of this section shall be incorporated into the permit when the permit is reissued in accordance with the requirements of section 621.13 of this Title or reviewed in accordance with the requirements of section 373-1.8 of this Part. Until such date when the owner or operator receives a final permit incorporating the requirements of this section, the owner or operator is subject to the requirements of section 373-3.28 of this Part.

(4) Each piece of equipment to which this section applies shall be marked in such a manner that it can be distinguished readily from other pieces of equipment.

(5) Equipment that is in vacuum service is excluded from the requirements of subdivisions 373-2.28(c) through 373-2.28(k) if it is identified as required in subparagraph 373-2.28 (o)(7)(v).

(6) Equipment that contains or contacts hazardous waste with an organic concentration of at least 10 percent by weight for less than 300 hours per calendar year is excluded from the requirements of subdivisions 373-2.28 (c) through (k) of this section if it is identified as required in 373-2.28(o)(7)(vi) of this section.

(Note: The requirements of subdivisions 373-2.28(c) through 373-2.28(p) apply to equipment associated with hazardous waste recycling units previously exempt under subparagraph 371.1(g)(3)(i). Other exemptions under subdivision 371.1(e), and paragraph 373-2.1(a)(6) are not affected by these requirements.)

(b) Definitions. As used in this section, all terms shall have the meaning given them in subdivision 373-2.27(b), RCRA, the ECL, and Parts 370 through 374.

(c) Standards: Pumps in light liquid service.

(1) (i) Each pump in light liquid service shall be monitored monthly to detect leaks by the methods specified in paragraph 373-2.28(n)(2), except as provided in paragraphs (4), (5), and (6) of this subdivision.

(ii) Each pump in light liquid service shall be checked by visual inspection each calendar week for indications of liquids dripping from the pump seal.

(2) (i) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.

(ii) If there are indications of liquids dripping from the pump seal, a leak is detected.

(3) (i) 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 subdivision 373-2.28(j).

(ii) 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.

(4) Each pump equipped with a dual mechanical seal system that includes a barrier fluid system is exempt from the requirements of paragraph (1) of this subdivision, provided the following requirements are met:

(i) Each dual mechanical seal system must be:

('a') Operated with the barrier fluid at a pressure that is at all times greater than the pump stuffing box pressure, or

('b') 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 subdivision 373-2.28(k), or

('c') Equipped with a system that purges the barrier fluid into a hazardous waste stream with no detectable emissions to the atmosphere.

(ii) The barrier fluid system must not be a hazardous waste with organic concentrations 10 percent or greater by weight.

(iii) Each barrier fluid system must be equipped with a sensor that will detect failure of the seal system, the barrier fluid system, or both.

(iv) Each pump must be checked by visual inspection, each calendar week, for indications of liquids dripping from the pump seals.

(v) ('a') Each sensor as described in subparagraph (4)(iii) of this subdivision must be checked daily or be equipped with an audible alarm that must be checked monthly to ensure that it is functioning properly.

('b') 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.

(vi) ('a') 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 clause (4)(v)('b') of this subdivision, a leak is detected.

('b') 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 subdivision 373-2.28(j).

('c') A first attempt at repair (e.g., relapping the seal) shall be made no later than 5 calendar days after each leak is detected.

(5) Any pump that is designated, as described in subparagraph 373-2.28(o)(7)(ii), for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of paragraphs (1), (3), and (4) of this subdivision if the pump meets the following requirements:

(i) Must have no externally actuated shaft penetrating the pump housing.

(ii) 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 paragraph 373-2.28(n)(3).

(iii) Must be tested for compliance with subparagraph (5)(ii) of this subdivision initially upon designation, annually, and at other times as requested by the Commissioner.

(6) 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 subdivision 373-2.28(k), it is exempt from the requirements of paragraphs (1) through (5) of this subdivision.

(d) Standards: Compressors.

(1) Each compressor shall be equipped with a seal system that includes a barrier fluid system and that prevents leakage of total organic emissions to the atmosphere, except as provided in paragraphs (8) and (9) of this subdivision.

(2) Each compressor seal system as required in paragraph (1) of this subdivision shall be:

(i) Operated with the barrier fluid at a pressure that is at all times greater than the compressor stuffing box pressure, or

(ii) Equipped with a barrier fluid system that is connected by a closed-vent system to a control device that complies with the requirements of subdivision 373-2.28(k), or

(iii) Equipped with a system that purges the barrier fluid into a hazardous waste stream with no detectable emissions to atmosphere.

(3) The barrier fluid must not be a hazardous waste with organic concentrations 10 percent or greater by weight.

(4) Each barrier fluid system, as described in paragraphs (1) through (3) of this subdivision, shall be equipped with a sensor that will detect failure of the seal system, barrier fluid system, or both.

(5) (i) Each sensor required in paragraph (4) of this subdivision shall be checked daily or shall be equipped with an audible alarm that must be checked monthly to ensure that it is functioning properly unless the compressor is located within the boundary of an unmanned plant site, in which case the sensor must be checked daily.

(ii) The owner or operator shall determine, based on design considerations and operating experience, a criterion that indicates failure of the seal system, the barrier fluid system, or both.

(6) If the sensor indicates failure of the seal system, the barrier fluid system, or both based on the criterion determined under subparagraph (5)(ii) of this subdivision, a leak is detected.

(7) (i) 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 subdivision 373-2.28(j).

(ii) 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.

(8) A compressor is exempt from the requirements of paragraphs (1) and (2) of this subdivision if it is equipped with a closed-vent system capable of capturing and transporting any leakage from the seal to a control device that complies with the requirements of subdivision 373-2.28(k), except as provided in paragraph (9) of this subdivision.

(9) Any compressor that is designated, as described in subparagraph 373-2.28(o)(7)(ii), for no detectable emissions as indicated by an instrument reading of less than 500 ppm above background is exempt from the requirements of paragraphs (1) through (8) of this subdivision if the compressor:

(i) Is determined to be operating with no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as measured by the method specified in paragraph 373-2.28(n)(3).

(ii) Is tested for compliance with subparagraph (9)(i) of this subdivision initially upon designation, annually, and at other times as requested by the Commissioner.

(e) Standards: Pressure relief devices in gas/vapor service.

(1) Except during pressure releases, each pressure relief device in gas/vapor service shall be operated with no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as measured by the method specified in paragraph 373-2.28(n)(3).

(2) (i) After each pressure release, the pressure relief device shall be returned to a condition of no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as soon as practicable, but no later than 5 calendar days after each pressure release, except as provided in subdivision 373-2.28(j).

(ii) No later than 5 calendar days after the pressure release, the pressure relief device shall be monitored to confirm the condition of no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as measured by the method specified in paragraph 373-2.28(n)(3).

(3) Any pressure relief device that is equipped with a closed-vent system capable of capturing and transporting leakage from the pressure relief device to a control device as described in subdivision 373-2.28(k) is exempt from the requirements of paragraphs (1) and (2) of this subdivision.

(f) Standards: Sampling connecting systems.

(1) Each sampling connection system shall be equipped with a closed-purge, closed-loop or closed-vent system. This system shall collect the sample purge for return to the process or for routing to the appropriate treatment system. Gases displaced during filling of the sample container are not required to be collected or captured.

(2) Each closed-purge, closed-loop or closed-vent system as required in paragraph (1) of this subdivision shall meet one of the following requirements:

(i) Return the purged process fluid directly to the process line;

(ii) Collect and recycle the purged process fluid; or

(iii) Be designed and operated to capture and transport all the purged process fluid to a waste management unit that complies with the applicable requirements of subdivisions 373-2.29(e) through 373-2.29(g) of this Subpart or a control device that complies with the requirements of subdivision 373-2.28(k) of this section.

(3) "In situ" sampling systems and sampling systems without purges are exempt from the requirements of paragraphs (1) and (2) of this subdivision.

(g) Standards: Open-ended valves or lines.

(1) (i) Each open-ended valve or line shall be equipped with a cap, blind flange, plug, or a second valve.

(ii) The cap, blind flange, plug, or second valve shall seal the open end at all times except during operations requiring hazardous waste stream flow through the open-ended valve or line.

(2) Each open-ended valve or line equipped with a second valve shall be operated in a manner such that the valve on the hazardous waste stream end is closed before the second valve is closed.

(3) When a double block and bleed system is being used, the bleed valve or line may remain open during operations that require venting the line between the block valves but shall comply with paragraph (1) of this subdivision at all other times.

(h) Standards: Valves in gas/vapor service or in light liquid service.

(1) Each valve in gas/vapor or light liquid service shall be monitored monthly to detect leaks by the methods specified in paragraph 373-2.28(n)(2) and shall comply with paragraphs (2) through (5) of this subdivision, except as provided in paragraphs (6), (7), and (8) of this subdivision, and subdivisions 373-2.28(l) and 373-2.28(m).

(2) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.

(3) (i) Any valve for which a leak is not detected for two successive months may be monitored the first month of every succeeding quarter, beginning with the next quarter, until a leak is detected.

(ii) If a leak is detected, the valve shall be monitored monthly until a leak is not detected for two successive months,

(4) (i) When a leak is detected, it shall be repaired as soon as practicable, but no later than 15 calendar days after the leak is detected, except as provided in subdivision 373-2.28(j).

(ii) A first attempt at repair shall be made no later than 5 calendar days after each leak is detected.

(5) First attempts at repair include, but are not limited to, the following best practices where practicable:

(i) Tightening of bonnet bolts.

(ii) Replacement of bonnet bolts.

(iii) Tightening of packing gland nuts.

(iv) Injection of lubricant into lubricated packing.

(6) Any valve that is designated, as described in subparagraph 373-2.28(o)(7)(ii), for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of paragraph (1) of this subdivision if the valve:

(i) Has no external actuating mechanism in contact with the hazardous waste stream.

(ii) Is operated with emissions less than 500 ppm above background as determined by the method specified in paragraph 373-2.28(n)(3).

(iii) Is tested for compliance with subparagraph (6)(ii) of this subdivision initially upon designation, annually, and at other times as requested by the Commissioner.

(7) Any valve that is designated, as described in subparagraph 373-2.28(o)(8)(i), as an unsafe-to-monitor valve is exempt from the requirements of paragraph (1) of this subdivision if:

(i) The owner or operator of the valve determines that the valve is unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with paragraph (1) of this subdivision.

(ii) The owner or operator of the valve adheres to a written plan that requires monitoring of the valve as frequently as practicable during safe-to-monitor times.

(8) Any valve that is designated, as described in subparagraph 373-2.28(o)(8)(ii), as a difficult-to-monitor valve is exempt from the requirements of paragraph (1) of this subdivision if:

(i) The owner or operator of the valve determines that the valve cannot be monitored without elevating the monitoring personnel more than 2 meters above a support surface.

(ii) The hazardous waste management unit within which the valve is located was in operation before June 21, 1990.

(iii) The owner or operator of the valve follows a written plan that requires monitoring of the valve at least once per calendar year.

(i) Standards: Pumps and valves in heavy liquid service, pressure relief devices in light liquid or heavy liquid service, and flanges and other connectors.

(1) Pumps and valves in heavy liquid service, pressure relief devices in light liquid or heavy liquid service, and flanges and other connectors shall be monitored within 5 days by the method specified in paragraph 373-2.28(n)(2), if evidence of a potential leak is found by visual, audible, olfactory, or any other detection method.

(2) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.

(3) (i) 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 subdivision 373-2.28(j).

(ii) The first attempt at repair shall be made no later than 5 calendar days after each leak is detected.

(4) First attempts at repair include, but are not limited to, the best practices described under paragraph 373-2.28(h)(5).

(5) Any connector that is inaccessible or is ceramic or ceramic-lined (e.g., porcelain, glass, or glass-lined) is exempt from the monitoring requirements of paragraph (1) of this subdivision and from the recordkeeping requirements of subdivision 373-2.28(o) of this section.

(j) Standards: Delay of repair.

(1) Delay of repair of equipment for which leaks have been detected will be allowed if the repair is technically infeasible without a hazardous waste management unit shutdown. In such a case, repair of this equipment shall occur before the end of the next hazardous waste management unit shutdown.

(2) Delay of repair of equipment for which leaks have been detected will be allowed for equipment that is isolated from the hazardous waste management unit and that does not continue to contain or contact hazardous waste with organic concentrations at least 10 percent by weight.

(3) Delay of repair for valves will be allowed if:

(i) The owner or operator determines that emissions of purged material resulting from immediate repair are greater than the emissions likely to result from delay of repair.

(ii) When repair procedures are effected, the purged material is collected and destroyed or recovered in a control device complying with subdivision 373-2.28(k).

(4) Delay of repair for pumps will be allowed if:

(i) Repair requires the use of a dual mechanical seal system that includes a barrier fluid system.

(ii) Repair is completed as soon as practicable, but not later than 6 months after the leak was detected.

(5) Delay of repair beyond a hazardous waste management unit shutdown will be allowed for a valve if valve assembly replacement is necessary during the hazardous waste management unit shutdown, valve assembly supplies have been depleted, and valve assembly supplies had been sufficiently stocked before the supplies were depleted. Delay of repair beyond the next hazardous waste management unit shutdown will not be allowed unless the next hazardous waste management unit shutdown occurs sooner than 6 months after the first hazardous waste management unit shutdown.

(k) Standards: Closed-vent systems and control devices. (1) Owners and operators of closed-vent systems and control devices subject to this section shall comply with the provisions of subdivision 373-2.27(d) of this Subpart.

(2) (i) The owner or operator of an existing facility who cannot install a closed-vent system and control device to comply with the provisions of this section on the effective date that the facility becomes subject to the provisions of this section must prepare an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation. The controls must be installed as soon as possible, but the implementation schedule may allow up to 30-months after the effective date that the facility becomes subject to this section for installation and startup.

(ii) Any unit that begins operation after December 21, 1990, and is subject to the provisions of this section when operation begins, must comply with the rules immediately (i.e., must have control devices installed and operating on startup of the affected unit); the 30-month implementation schedule does not apply.

(iii)('a')If an existing facility is already subject to 40 CFR 264.1033(a)(2)(iii) at the time a state statutory or regulatory amendment renders the facility subject to 373-2.28,the requirements established under 40 CFR 264.1033(a)(2)(iii), as incorporated by reference in subdivision 370.1(e) of this Title, will apply.

('b') If an existing facility is not subject to 40 CFR 264.1033(a)(2)(iii) at the time a state statutory or regulatory amendment renders the facility subject to 373-2.28, the owner or operator of the facility in existence on the effective date of the State statutory or regulatory amendment that renders the facility subject to 373-2.28 shall comply with all requirements of 373-2.28 as soon as practicable but no later than 30 months after the State amendment's effective date. When control equipment required by this section can not be installed and begin operation by the effective date of the amendment, the facility owner or operator shall prepare an implementation schedule that includes the following information: Specific calendar dates for award of contracts or issuance of purchase orders for the control equipment, initiation of on-site installation of the control equipment, completion of the control equipment installation, and performance of any testing to demonstrate that the installed equipment meets the applicable standards of this section. The owner or operator shall enter the implementation schedule in the operating record or in a permanent, readily available file located at the facility.

(iv) Owners and operators of facilities and units that become newly subject to the requirements of this section after December 8, 1997, due to an action other than those described in subparagraph 373-2.28(k)(2)(iii) of this subdivision must comply with all applicable requirements immediately (i.e., must have control devices installed and operating on the date the facility or unit becomes subject to this section; the 30-month implementation schedule does not apply.)

(l) Alternative standards for valves in gas/vapor service or in light liquid service: Percentage of valves allowed to leak.

(1) An owner or operator subject to the requirements of subdivision 373-2.28(h) may elect to have all valves within a hazardous waste management unit comply with an alternative standard that allows no greater than 2 percent of the valves to leak.

(2) The following requirements shall be met if an owner or operator decides to comply with the alternative standard of allowing 2 percent of valves to leak:

(i) An owner or operator must notify the Commissioner that the owner or operator has elected to comply with the requirements of this subdivision.

(ii) A performance test, as specified in paragraph (3) of this subdivision, shall be conducted initially upon designation, annually, and at other times requested by the Commissioner.

(iii) If a valve leak is detected, it shall be repaired in accordance with paragraphs 373-2.28(h)(4) and (5).

(3) Performance tests shall be conducted in the following manner:

(i) All valves subject to the requirements in subdivision 373-2.28(h) within the hazardous waste management unit shall be monitored within 1 week by the methods specified in paragraph 373-2.28(n)(2).

(ii) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.

(iii) The leak percentage shall be determined by dividing the number of valves subject to the requirements in subdivision 373-2.28(h) for which leaks are detected by the total number of valves subject to the requirements in subdivision 373-2.28(h) within the hazardous waste management unit.

(4) If an owner or operator decides to no longer comply with this subdivision, that person must notify the Commissioner in writing that the work practice standard described in paragraphs 373-2.28(h)(1) through (5) will be followed.

(m) Alternative standards for valves in gas/vapor service or in light liquid service: Skip period leak detection and repair.

(1) (i) An owner or operator subject to the requirements of subdivision 373-2.28(h) may elect for all valves within a hazardous waste management unit to comply with one of the alternative work practices specified in subparagraphs (2)(ii) and (iii) of this subdivision.

(ii) An owner or operator must notify the Commissioner before implementing one of the alternative work practices.

(2) (i) An owner or operator shall comply with the requirements for valves, as described in subdivision 373-2.28(h), except as described in subparagraphs (2)(ii) and (2)(iii) of this subdivision.

(ii) After two consecutive quarterly leak detection periods with the percentage of valves leaking equal to or less than 2 percent, an owner or operator may begin to skip one of the quarterly leak detection periods (i.e., monitor for leaks once every six months) for the valves subject to the requirements in subdivision 373-2.28(h) of this section.

(iii) After five consecutive quarterly leak detection periods with the percentage of valves leaking equal to or less than 2 percent, an owner or operator may begin to skip three of the quarterly leak detection periods (i.e., monitor for leaks once every year) for the valves subject to the requirements in subdivision 373-2.28(h) of this section.

(iv) If the percentage of valves leaking is greater than 2 percent, the owner or operator shall monitor monthly in compliance with the requirements in subdivision 373-2.28(h), but may again elect to use this subdivision after meeting the requirements of subparagraph 373-2.28(h)(3)(i).

(n) Test methods and procedures.

(1) Each owner or operator subject to the provisions of this section shall comply with the test methods and procedures requirements provided in this subdivision.

(2) Leak detection monitoring, as required in subdivisions 373-2.28(c) through 373-2.28(m), shall comply with the following requirements:

(i) Monitoring shall comply with Reference Method 21 in 40 CFR Part 60 (see subdivision 370.1(e) of this Title).

(ii) The detection instrument shall meet the performance criteria of Reference Method 21.

(iii) The instrument shall be calibrated before use on each day of its use by the procedures specified in Reference Method 21.

(iv) Calibration gases shall be:

('a') Zero air (less than 10 ppm of hydrocarbon in air).

('b') A mixture of methane or n-hexane and air at a concentration of approximately, but less than, 10,000 ppm methane or n-hexane.

(v) The instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21.

(3) When equipment is tested for compliance with no detectable emissions, as required in paragraphs 373-2.28(c)(5) and 373-2.28(d)(9), subdivision 373-2.28(e), and paragraph 373-2.28(h)(6), the test shall comply with the following requirements:

(i) The requirements of subparagraphs (2)(i) through (iv) of this subdivision shall apply.

(ii) The background level shall be determined as set forth in Reference Method 21.

(iii) The instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21.

(iv) The arithmetic difference between the maximum concentration indicated by the instrument and the background level is compared with 500 ppm for determining compliance.

(4) In accordance with the waste analysis plan required by paragraph 373-2.2(e)(2), an owner or operator of a facility must determine, for each piece of equipment, whether the equipment contains or contacts a hazardous waste with organic concentration that equals or exceeds 10 percent by weight using the following:

(i) Methods described in ASTM Methods D 4420, E 169, E 168, E 260 (incorporated by reference under subdivision 370.1(e) of this Title);

(ii) Method 9060 or 8260 of SW-846 (incorporated by reference under subdivision 370.1(e) of this Title); or

(iii) Application of the knowledge of the nature of the hazardous waste stream or the process by which it was produced. Documentation of a waste determination by knowledge 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 have a total organic content less than 10 percent, or prior speciation 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.

(5) If an owner or operator determines that a piece of equipment contains or contacts a hazardous waste with organic concentrations at least 10 percent by weight, the determination can be revised only after following the procedures in subparagraph (4)(i) or (4)(ii) of this subdivision.

(6) When an owner or operator and the Commissioner do not agree on whether a piece of equipment contains or contacts a hazardous waste with organic concentrations at least 10 percent by weight, the procedures in subparagraph (4)(i) or (4)(ii) of this subdivision can be used to resolve the dispute.

(7) Samples used in determining the percent organic content shall be representative of the highest total organic content hazardous waste that is expected to be contained in or contact the equipment.

(8) To determine if pumps or valves are in light liquid service, the vapor pressures of constituents may be obtained from standard reference texts or may be determined by ASTM D-2879-86 (incorporated by reference under subdivision 370.1(e) of this Title).

(9) Performance tests to determine if a control device achieves 95 weight percent organic emission reduction shall comply with the procedures of subparagraphs 373-2.27(e)(3)(i) through (3)(iv).

(o) Recordkeeping requirements.

(1) (i) Each owner or operator subject to the provisions of this section shall comply with the recordkeeping requirements of this subdivision.

(ii) An owner or operator of more than one hazardous waste management unit subject to the provisions of this section 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.

(2) Owners and operators must record the following information in the facility operating record:

(i) For each piece of equipment to which section 373-2.28 of Part 373 applies:

('a') Equipment identification number and hazardous waste management unit identification.

('b') Approximate locations within the facility (e.g., identify the hazardous waste management unit on a facility plot plan).

('c') Type of equipment (e.g. a pump or pipeline valve).

('d') Percent-by-weight total organics in the hazardous waste stream at the equipment.

('e') Hazardous waste state at the equipment (e.g., gas/vapor or liquid).

('f') Method of compliance with the standard (e.g., "monthly leak detection and repair" or "equipped with dual mechanical seals").

(ii) For facilities that comply with the provisions of subparagraph 373-2.27(d)(1)(ii), an implementation schedule as specified in subparagraph 373-2.27(d)(1)(ii).

(iii) Where an owner or operator chooses to use test data to demonstrate the organic removal efficiency or total organic compound concentration achieved by the control device, a performance test plan as specified in subparagraph 373-2.27(f)(2)(iii).

(iv) Documentation of compliance with subdivision 373-2.28(k), including the detailed design documentation or performance test results specified in subparagraph 373-2.27(f) (2)(iv).

(3) When each leak is detected as specified in subdivisions 373-2.28(c), 373-2.28(d), 373-2.28(h), and 373-2.28(i), the following requirements apply:

(i) A weatherproof and readily visible identification, marked with the equipment identification number, the date evidence of a potential leak was found in accordance with paragraph 373-2.28(i)(1), and the date the leak was detected, shall be attached to the leaking equipment.

(ii) The identification on equipment, except on a valve, may be removed after it has been repaired.

(iii) The identification on a valve may be removed after it has been monitored for 2 successive months as specified in paragraph 373-2.28(h)(3) and no leak has been detected during those 2 months.

(4) When each leak is detected as specified in subdivisions 373-2.28(c), 373-2.28(d), 373-2.28(h), and 373-2.28(i), the following information shall be recorded in an inspection log and shall be kept in the facility operating record:

(i) The instrument and operator identification numbers and the equipment identification number.

(ii) The date evidence of a potential leak was found in accordance with paragraph 373-2.28(i)(1).

(iii) The date the leak was detected and the dates of each attempt to repair the leak.

(iv) Repair methods applied in each attempt to repair the leak.

(v) "Above 10,000" if the maximum instrument reading measured by the methods specified in paragraph 373-2.28(n)(2) after each repair attempt is equal to or greater than 10,000 ppm.

(vi) "Repair delayed" and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak.

(vii) Documentation supporting the delay of repair of a valve in compliance with paragraph 373-2.28(j)(3).

(viii) The signature of the owner or operator (or designate) whose decision it was that repair could not be effected without a hazardous waste management unit shutdown.

(ix) The expected date of successful repair of the leak if a leak is not repaired within 15 calendar days.

(x) The date of successful repair of the leak.

(5) Design documentation and monitoring, operating, and inspection information for each closed-vent system and control device required to comply with the provisions of subdivision 373-2.28(k) shall be recorded and kept up-to-date in the facility operating record as specified in paragraph 373-2.27(f)(3). Design documentation is specified in subparagraphs 373-2.27(f)(3)(i) and (3)(ii) and monitoring, operating, and inspection information in subparagraphs 373-2.27(f)(3)(iii)-(3)(viii).

(6) For a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system, the Commissioner will specify the appropriate recordkeeping requirements.

(7) The following information pertaining to all equipment subject to the requirements in subdivisions 373-2.28(c) through 373-2.28(k) shall be recorded in a log that is kept in the facility operating record:

(i) A list of identification numbers for equipment (except welded fittings) subject to the requirements of this section.

(ii) ('a') A list of identification numbers for equipment that the owner or operator elects to designate for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, under the provisions of paragraphs 373-2.28(c)(5), 373-2.28(d)(9), and 373-2.28(h)(6).

('b') The designation of this equipment as subject to the requirements of paragraphs 373-2.28(c)(5), 373-2.28(d)(9), and 373-2.28(h)(6) shall be signed by the owner or operator.

(iii) A list of equipment identification numbers for pressure relief devices required to comply with paragraph 373-2.28(e)(1).

(iv) ('a') The dates of each compliance test required in paragraphs 373-2.28(c)(5) and 373-2.28(d)(9), subdivision 373-2.28(e), and paragraph 373-2.28(h)(6).

('b') The background level measured during each compliance test.

('c') The maximum instrument reading measured at the equipment during each compliance test.

(v) A list of identification numbers for equipment in vacuum service.

(vi) Identification, either by list or location (area or group) of equipment that contains or contacts hazardous waste with an organic concentration of at least ten percent by weight for less than 300 hours per calendar year.

(8) The following information pertaining to all valves subject to the requirements of paragraphs 373-2.28(h)(7) and (8) shall be recorded in a log that is kept in the facility operating record:

(i) A list of identification numbers for valves that are designated as unsafe to monitor, an explanation for each valve stating why the valve is unsafe to monitor, and the plan for monitoring each valve.

(ii) A list of identification numbers for valves that are designated as difficult to monitor, an explanation for each valve stating why the valve is difficult to monitor, and the planned schedule for monitoring each valve.

(9) The following information shall be recorded in the facility operating record for valves complying with subdivision 373-2.28(m):

(i) A schedule of monitoring.

(ii) The percent of valves found leaking during each monitoring period.

(10) The following information shall be recorded in a log that is kept in the facility operating record:

(i) Criteria required in clause 373-2.28(c)(4)(v)('b') and subparagraph 373-2.28(d)(5)(ii) and an explanation of the design criteria.

(ii) Any changes to these criteria and the reasons for the changes.

(11) The following information shall be recorded in a log that is kept in the facility operating record for use in determining exemptions as provided in the applicability subdivision of this section and other specific sections:

(i) An analysis determining the design capacity of the hazardous waste management unit.

(ii) A statement listing the hazardous waste influent to and effluent from each hazardous waste management unit subject to the requirements in subdivisions 373-2.28(c) through (k) and an analysis determining whether these hazardous wastes are heavy liquids.

(iii) An up-to-date analysis and the supporting information and data used to determine whether or not equipment is subject to the requirements in subdivisions 373-2.28(c) through (k). The record shall include supporting documentation as required by subparagraph 373-2.28(n)(4)(iii) when application of the knowledge of the nature of the hazardous waste stream or the process by which it was produced is used. If the owner or operator takes any action (e.g., changing the process that produced the waste) that could result in an increase in the total organic content of the waste contained in or contacted by equipment determined not to be subject to the requirements in subdivisions 373-2.28(c) through (k), then a new determination is required.

(12) Records of the equipment leak information required by paragraph (4) of this subdivision and the operating information required by paragraph (5) of this subdivision need be kept only 3 years.

(13) The owner or operator of any facility with equipment that is subject to this section and to regulations at 40 CFR Part 60, Part 61, or Part 63, as incorporated by reference in subdivision 370.1(e) of this Title, may elect to determine compliance with this section by documentation either pursuant to subdivision 373-2.28(o), or by documentation of compliance with the regulations at 40 CFR Part 60, Part 61or Part 63 as incorporated by reference in subdivision 370.1(e) of this Title, pursuant to the relevant provisions of the regulations at 40 CFR Part 60, Part 61 or Part 63 as incorporated by reference in subdivision 370.1(e) of this Title. The documentation of compliance under regulations at 40 CFR Part 60, Part 61, or Part 63 as incorporated by reference in subdivision 370.1(e) of this Title shall be kept with or made readily available with the facility operating record.

(p) Reporting requirements.

(1) A semiannual report shall be submitted by owners and operators subject to the requirements of this section to the Commissioner by dates specified by the Commissioner. The report shall include the following information:

(i) The Environmental Protection Agency identification number, name, and address of the facility.

(ii) For each month during the semiannual reporting period:

('a') The equipment identification number of each valve for which a leak was not repaired as required in paragraph 373-2.28(h)(4).

('b') The equipment identification number of each pump for which a leak was not repaired as required in paragraph 373-2.28(c)(3) and subparagraph 373-2.28(c)(4)(vi).

('c') The equipment identification number of each compressor for which a leak was not repaired as required in paragraph 373-2.28(d)(7).

(iii) Dates of hazardous waste management unit shutdowns that occurred within the semiannual reporting period.

(iv) For each month during the semiannual reporting period, dates when the control device installed as required by subdivisions 373-2.28(c), 373-2.28(d), 373-2.28(e), or 373-2.28(f) exceeded or operated outside of the design specifications as defined in paragraph 373-2.28(o)(5) and as indicated by the control device monitoring required by subdivision 373-2.28(k) and was not corrected within 24 hours, the duration and cause of each exceedance, and any corrective measures taken.

(2) If, during the semiannual reporting period, leaks from valves, pumps, and compressors are repaired as required in paragraphs 373-2.28(h)(4) and 373-2.28(c)(3), subparagraph 373-2.28(c)(4)(vi), and paragraph 373-2.28(d)(7), respectively, and the control device does not exceed or operate outside of the design specifications as defined in paragraph 373-2.28(o)(5) for more than 24 hours, a report to the Commissioner is not required.

§373-2.29 - Air Emission Standards For Tanks, Surface Impoundments, and Containers.

(a) Applicability.

(1) The requirements of this section 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 373-2.9, 373-2.10 or 373-2.11 of this Subpart except as section 373-2.1 of this Subpart and paragraph (2) of this subdivision provide otherwise.

(2) The requirements of this section do not apply to the following waste management units at the facility:

(i) A waste management unit that holds hazardous waste placed in a unit before December 6, 1996, and in which no hazardous waste is added to the unit on or after December 6, 1996.

(ii) A container that has a design capacity less than or equal to 0.1 m³.

(iii) 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.

(iv) 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.

(v) A waste management unit that is used solely for on-site treatment or storage of hazardous waste that is placed in a 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 State authorities including, but not limited to, 6 NYCRR Parts 373 and 375, ECL 71-2727(3), and ECL Article 27 Titles 9 and 13.

(vi) 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.

(vii) 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 Clean Air Act regulation codified under 40 CFR Part 60, Part 61, or Part 63 as incorporated by reference in subdivision 370.1(e) of this Title. For the purpose of complying with this paragraph, a tank for which the air emission control includes an enclosure, as opposed to a cover, must be in compliance with the enclosure and control device requirements of paragraph 373-2.29(e)(9) of this section, except as provided in subparagraph 373-2.29(c)(3)(v) of this section.

(viii) A tank that has a process vent as defined in subdivision 373-2.27(b) of this Subpart.

(3) For the owner and operator of a facility subject to this section who received a final permit under Part 373 of this Title, prior to December 6, 1996, the requirements of this section shall be incorporated into the permit when the permit is reissued in accordance with the requirements of Part 621 of this Title or reviewed in accordance with the requirements of section 373-1.8 of this Title. Until such date when the owner and operator receives a final permit incorporating the requirements of this section, the owner and operator is subject to the requirements of section 373-3.29 of this Title.

(4) The requirements of this section, except for the recordkeeping requirements specified in paragraph 373-2.29(j)(9) of this section, 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:

(i) 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 this paragraph, "organic peroxide" means an organic compound that contains the bivalent -O-O- 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.

(ii) The owner or operator prepares documentation, in accordance with the requirements of paragraph 373-2.29(j)(9) of this section, explaining why an undue safety hazard would be created if air emission controls specified in subdivisions 373-2.29(e) through 373-2.29(h) of this section 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 subparagraph (4)(i) of this subdivision.

(iii) The owner or operator notifies the commissioner in writing that hazardous waste generated by an organic peroxide manufacturing process or processes meeting the conditions of subparagraph (4)(i) of this subdivision are managed at the facility in tanks or containers meeting the conditions of subparagraph (4)(ii) of this subdivision. 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.

(b) Definitions. As used in this section, all terms shall have the meanings given to them in subdivision 373-3.29(b) and Parts 370 through 374-1 of this Title.

(c) Standards: General.

(1) This subdivision applies to the management of hazardous waste in tanks, surface impoundments, and containers subject to this section.

(2) The owner or operator shall control air pollutant emissions from each hazardous waste management unit in accordance with standards specified in subdivisions 373-2.29(e) through 373-2.29(h) of this section, as applicable to the hazardous waste management unit, except as provided for in paragraph (3) of this subdivision.

(3) A tank, surface impoundment, or container is exempt from standards specified in subdivisions 373-2.29(e) through 373-2.29 (h) of this section as applicable, provided that the waste management unit is one of the following:

(i) 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 paragraph 373-2.29(d)(1) of this section. 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.

(ii) 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 paragraph 373-2.29(d)(2) of this section.

('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 paragraph 373-2.29(d)(2) of this section.

('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 paragraph 373-2.29(d)(2) of this section.

('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 paragraph 373-2.29(d)(2) of this section.

('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 paragraph 373-2.29(d)(2) of this section.

('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 subdivisions 373-2.29(e) through 373-2.29(h) of this section, 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 Department considers a drain system that meets the requirements of 40 CFR Part 63, Subpart RR-National Emission Standards for Individual Drain Systems as incorporated in subdivision 370.1(e) of this Title, 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 paragraph 373-2.29(d)(1) of this section. The average VO concentration of the hazardous waste at the point of waste treatment shall be determined using the procedures specified in paragraph 373-2.29(d)(2) of this section.

('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 paragraphs 373-2.29(d)(2) and 373-2.29(d)(1) of this section, respectively.

('g') A hazardous waste incinerator for which the owner or operator has either:

('1') Been issued a final permit under Subpart 373-1 of this Title, which implements the requirements of section 373-2.15 of this Subpart; or

('2') Has designed and operates the incinerator in accordance with the interim status requirements of section 373-3.15 of this Title.

('h') A boiler or industrial furnace for which the owner or operator has either:

('1') Been issued a final permit under Subpart 373-1 of this Title, which implements the requirements of section 374-1.8 of this Title, or

('2') Has designed and operates the boiler or industrial furnace in accordance with the interim status requirements of section 374-1.8 of this Title.

('i') For the purpose of determining the performance of an organic destruction or removal process in accordance with the conditions in each of clause (3)(ii)('a') through clause (3)(ii)('f') of this subdivision, 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 as incorporated by reference in section 370.1(e) of this Title, 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, as incorporated by reference in subdivision 370.1(e) of this Title, 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.

(iii) A tank or surface impoundment used for biological treatment of hazardous waste in accordance with the requirements of clause (3)(ii)('d') of this subdivision.

(iv) 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 Part 376 of this Title, Land Disposal Restrictions under Table "Treatment Standards for Hazardous Waste" in section 376.4 of this Title; or

('b') The organic hazardous constituents in the waste have been treated by the treatment technology established by the Department for the waste in paragraph 376.4(c)(1) of this Title, or have been removed or destroyed by an equivalent method of treatment approved by the USEPA and the Department pursuant to paragraph 376.4(c)(2) of this Title.

(v) 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 as incorporated by reference in subdivision 370.1(e) of this Title, 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 as incorporated by reference in section 370.1(e) of this Title. 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", as incorporated by reference in subdivision 370.1(e), annually.

(4) The commissioner 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 subdivision as follows:

(i) 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 paragraph 373-2.29(d)(1) of this section. The waste determination for a hazardous waste at the point of waste treatment shall be performed in accordance with the applicable requirements of paragraph 373-2.29(d)(2) of this section.

(ii) In performing a waste determination pursuant to subparagraph (4)(i) of this subdivision, 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 clause (4)(ii)('b') of this subdivision.

('b') If the commissioner 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 commissioner may choose an appropriate method.

(iii) In a case when the owner or operator is requested to perform the waste determination, the commissioner may elect to have an authorized representative observe the collection of the hazardous waste samples used for the analysis.

(iv) In a case when the results of the waste determination performed or requested by the commissioner 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 subparagraph (4)(i) of this subdivision shall be used to establish compliance with the requirements of this section.

(v) 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 commissioner may elect to establish compliance with this section 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 paragraph 373-2.29(d)(1) of this section.

('b') Results of the waste determination performed or requested by the commissioner 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 section except in a case as provided for in clause (4)(v)('c') of this subdivision.

('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 paragraph 373-2.29(d)(1) and subdivision 373-2.29(j) of this section shall be considered by the commissioner together with the results of the waste determination performed or requested by the commissioner in establishing compliance with this section.

(d) Waste determination procedures.

(1) Waste determination procedure to determine average volatile organic (VO) concentration of a hazardous waste at the point of waste origination.

(i) An owner or operator shall determine the average VO concentration at the point of waste origination for each hazardous waste placed in a waste management unit exempted under the provisions of subparagraph 373-2.29(c)(3)(i) of this section from using air emission controls in accordance with standards specified in subdivisions 373-2.29(e) through 373-2.29(h) of this section, as applicable to the waste management unit.

('a') An initial determination of the average VO concentration of the waste stream shall be made before the first time any portion of the material in the hazardous waste stream is placed in a waste management unit exempted under the provisions of subparagraph 373-2.29(c)(3)(i) of this section from using air emission controls, and thereafter an initial determination of the average VO concentration of the waste stream shall be made for each averaging period that a hazardous waste is managed in the unit; and

('b') Perform a new waste determination whenever changes to the source generating the waste stream are reasonably likely to cause the average VO concentration of the hazardous waste to increase to a level that is equal to or greater than the applicable VO concentration limits specified in subdivision 373-2.29(c) of this section.

(ii) For a waste determination that is required by subparagraph 373-2.29(1)(i) of this subdivision, the average VO concentration of a hazardous waste at the point of waste origination may be determined in accordance with the procedures specified in subparagraphs 373-3.29(e)(1)(ii) through (1)(iv) of this Part.

(2) Waste determination procedures for treated hazardous waste.

(i) An owner or operator shall perform the applicable waste determinations for each treated hazardous waste placed in waste management units exempted under the provisions of clauses 373-2.29(c)(3)(ii)('a') through 373-2.29(c)(3)(ii)('d') of this section from using air emission controls in accordance with standards specified in subdivisions 373-2.29(e) through 373-2.29(h) of this section, as applicable to the waste management unit.

('a') An initial determination of the average VO concentration of the waste stream shall be made before the first time any portion of the material in the treated waste stream is placed in the exempt waste management unit, and thereafter update the information used for the waste determination at least once every 12 months following the date of the inital waste determination; and

('b') Perform a new waste determination whenever changes to the process generating or treating the waste stream are reasonably likely to cause the average VO concentration of the hazardous waste to increase to a level such that the applicable treatment conditions specified in subparagraph 373-2.29(c)(3)(ii) of this section are not achieved.

(ii) The waste determination for a treated hazardous waste shall be performed in accordance with the procedures specified in subparagraphs 373-3.29(e)(2)(ii) through (2)(ix) of this Part, as applicable to the treated hazardous waste.

(iii) Procedure to determine the maximum organic vapor pressure of a hazardous waste in a tank.

('a') An owner or operator shall determine the maximum organic vapor pressure for each hazardous waste placed in a tank using Tank Level 1 controls in accordance with standards specified in paragraph 373-2.29(e)(3) of this section.

('b') The maximum organic vapor pressure of the hazardous waste may be determined in accordance with the procedures specified in subparagraphs 373-3.29(e)(3)(ii) through (3)(iv) of this Part.

(iv) The procedure for determining no detectable organic emissions for the purpose of complying with this section shall be conducted in accordance with the procedures specified in paragraph 373-3.29(e)(4) of this Title.

(e) Standards: Tanks.

(1) The provisions of this section apply to the control of air pollutant emissions from tanks for which paragraph 373-2.29(c)(2) of this section references the use of this subdivision for such air emission control.

(2) The owner or operator shall control air pollutant emissions from each tank subject to this subdivision in accordance with the following requirements as applicable:

(i) For a tank that manages hazardous waste that meets all of the conditions specified in clauses (2)(i)('a') through (2)(i)('c') of this subdivision, the owner or operator shall control air pollutant emissions from the tank in accordance with the Tank Level 1 controls specified in paragraph (3) of this subdivision or the Tank Level 2 controls specified in paragraph (4) of this subdivision.

('a') The hazardous waste in the tank has a maximum organic vapor pressure which is less than the maximum organic vapor pressure limit for the tank's design capacity category as follows:

('1') For a tank design capacity equal to or greater than 151 m3, the maximum organic vapor pressure limit for the tank is 5.2 kPa.

('2') For a tank design capacity equal to or greater than 75 m3 but less than 151 m3, the maximum organic vapor pressure limit for the tank is 27.6 kPa. ('3') For a tank design capacity less than 75 m3, the maximum organic vapor pressure limit for the tank is 76.6 kPa.

('b') The hazardous waste in the tank is not heated by the owner or operator to a temperature that is greater than the temperature at which the maximum organic vapor pressure of the hazardous waste is determined for the purpose of complying with clause (2)(i)('a') of this subdivision.

('c') The hazardous waste in the tank is not treated by the owner or operator using a waste stabilization process, as defined in subdivision 373-3.29(b) of this Part.

(ii) For a tank that manages hazardous waste that does not meet all of the conditions specified in clauses (2)(i)('a') through (2)(i)('c') of this subdivision, the owner or operator shall control air pollutant emissions from the tank by using Tank Level 2 controls in accordance with the requirements of paragraph (4) of this subdivision. Examples of tanks required to use Tank Level 2 controls include: A tank used for a waste stabilization process; and a tank for which the hazardous waste in the tank has a maximum organic vapor pressure that is equal to or greater than the maximum organic vapor pressure limit for the tank's design capacity category as specified in clause (2)(i)('a') of this subdivision.

(3) Owners and operators controlling air pollutant emissions from a tank using Tank Level 1 controls shall meet the requirements specified in subparagraphs (3)(i) through (3)(iv) of this subdivision:

(i) The owner or operator shall determine the maximum organic vapor pressure for a hazardous waste to be managed in the tank using Tank Level 1 controls before the first time the hazardous waste is placed in the tank. The maximum organic vapor pressure shall be determined using the procedures specified in paragraph 373-2.29(d)(3) of this section. Thereafter, the owner or operator shall perform a new determination whenever changes to the hazardous waste managed in the tank could potentially cause the maximum organic vapor pressure to increase to a level that is equal to or greater than the maximum organic vapor pressure limit for the tank design capacity category specified in clause (2)(i)('a') of this subdivision, as applicable to the tank.

(ii) The tank shall be equipped with a fixed roof designed to meet the following specifications:

('a') The fixed roof and its closure devices shall be designed to form a continuous barrier over the entire surface area of the hazardous waste in the tank. The fixed roof may be a separate cover installed on the tank (e.g., a removable cover mounted on an open-top tank) or may be an integral part of the tank structural design (e.g., a horizontal cylindrical tank equipped with a hatch).

('b') The fixed roof shall be installed in a manner such that there are no visible cracks, holes, gaps, or other open spaces between roof section joints or between the interface of the roof edge and the tank wall.

('c') Each opening in the fixed roof, and any manifold system associated with the fixed roof, shall be either:

('1') Equipped with a closure device designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the opening and the closure device; or

('2') Connected by a closed-vent system that is vented to a control device. The control device shall remove or destroy organics in the vent stream, and shall be operating whenever hazardous waste is managed in the tank, except as provided for in items 373-2.29(e)(3)(ii)('c')('2')('i') and ('ii') of this subdivision.

('i') During periods when it is necessary to provide access to the tank for performing the activities of item 373-2.29(e)(3)(ii)('c')('2')('ii') of this subdivision, venting of the vapor headspace underneath the fixed roof to the control device is not required, opening of closure devices is allowed, and removal of the fixed roof is allowed. 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, and resume operation of the control device.

('ii') During periods of routine inspection, maintenance, or other activities needed for normal operations, and removal of accumulated sludge or other residues from the bottom of the tank.

('d') The fixed roof and its closure devices shall be made of suitable materials that will minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and will maintain the integrity of the fixed roof and closure devices throughout their intended service life. Factors to be considered when selecting the materials for and designing the fixed roof and closure devices shall include: Organic vapor permeability, the effects of any contact with the hazardous waste or its vapors managed in the tank; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the tank on which the fixed roof is installed. (iii) Whenever a hazardous waste is in the tank, the fixed roof shall be installed with each closure device secured in the closed position except as follows: ('a') Opening of closure devices or removal of the fixed roof is allowed at the following times:

('1') To provide access to the tank for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample the liquid in the tank, or when a worker needs to open a hatch to maintain or repair equipment. 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 tank.

('2') To remove accumulated sludge or other residues from the bottom of tank.

('b') 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 tank internal pressure in accordance with the tank design specifications. 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 tank internal pressure is within the internal pressure operating range determined by the owner or operator based on the tank 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 tank internal pressure exceeds the internal pressure operating range for the tank as a result of loading operations or diurnal ambient temperature fluctuations.

('c') Opening of a safety device, as defined in subdivision 373-3.29(b) of this Part, is allowed at any time conditions require doing so to avoid an unsafe condition.

(iv) The owner or operator shall inspect the air emission control equipment in accordance with the following requirements.

('a') The fixed roof and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the roof sections or between the roof and the tank wall; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.

('b') The owner or operator shall perform an initial inspection of the fixed roof and its closure devices on or before the date that the tank becomes subject to this subdivision. Thereafter, the owner or operator shall perform the inspections at least once every year except under the special conditions provided for in paragraph (12) of this subdivision.

('c') In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (11) of this subdivision.

('d') The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in paragraph 373-2.29(j)(2) of this section.

(4) Owners and operators controlling air pollutant emissions from a tank using Tank Level 2 controls shall use one of the following tanks:

(i) A fixed-roof tank equipped with an internal floating roof in accordance with the requirements specified in paragraph (5) of this subdivision;

(ii) A tank equipped with an external floating roof in accordance with the requirements specified in paragraph (6) of this subdivision;

(iii) A tank vented through a closed-vent system to a control device in accordance with the requirements specified in paragraph (7) of this subdivision;

(iv) A pressure tank designed and operated in accordance with the requirements specified in paragraph (8) of this subdivision; or

(v) A tank located inside an enclosure that is vented through a closed-vent system to an enclosed combustion control device in accordance with the requirements specified in paragraph (9) of this subdivision.

(5) The owner or operator who controls air pollutant emissions from a tank using a fixed roof with an internal floating roof shall meet the requirements specified in subparagraphs (5)(i) through (5)(iii) of this subdivision.

(i) The tank shall be equipped with a fixed roof and an internal floating roof in accordance with the following requirements:

('a') The internal floating roof shall be designed to float on the liquid surface except when the floating roof must be supported by the leg supports.

('b') The internal floating roof shall be equipped with a continuous seal between the wall of the tank and the floating roof edge that meets either of the following requirements:

('1') A single continuous seal that is either a liquid-mounted seal or a metallic shoe seal, as defined in subdivision 373-3.29(b) of this Title; or

('2') Two continuous seals mounted one above the other. The lower seal may be a vapor-mounted seal.

('c') The internal floating roof shall meet the following specifications:

('1') Each opening in a noncontact internal floating roof except for automatic bleeder vents (vacuum breaker vents) and the rim space vents is to provide a projection below the liquid surface.

('2') Each opening in the internal floating roof shall be equipped with a gasketed cover or a gasketed lid except for leg sleeves, automatic bleeder vents, rim space vents, column wells, ladder wells, sample wells, and stub drains.

('3') Each penetration of the internal floating roof for the purpose of sampling shall have a slit fabric cover that covers at least 90 percent of the opening.

('4') Each automatic bleeder vent and rim space vent shall be gasketed. ('5') Each penetration of the internal floating roof that allows for passage of a ladder shall have a gasketed sliding cover.

('6') Each penetration of the internal floating roof that allows for passage of a column supporting the fixed roof shall have a flexible fabric sleeve seal or a gasketed sliding cover.

(ii) The owner or operator shall operate the tank in accordance with the following requirements:

('a') When the floating roof is resting on the leg supports, the process of filling, emptying, or refilling shall be continuous and shall be completed as soon as practical.

('b') Automatic bleeder vents are to be set closed at all times when the roof is floating, except when the roof is being floated off or is being landed on the leg supports.

('c') Prior to filling the tank, each cover, access hatch, gauge float well or lid on any opening in the internal floating roof shall be bolted or fastened closed (i.e., no visible gaps). Rim space vents are to be set to open only when the internal floating roof is not floating or when the pressure beneath the rim exceeds the manufacturer's recommended setting.

(iii) The owner or operator shall inspect the internal floating roof in accordance with the procedures specified as follows:

('a') The floating roof and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to: The internal floating roof is not floating on the surface of the liquid inside the tank; liquid has accumulated on top of the internal floating roof; any portion of the roof seals have detached from the roof rim; holes, tears, or other openings are visible in the seal fabric; the gaskets no longer close off the hazardous waste surface from the atmosphere; or the slotted membrane has more than 10 percent open area.

('b') The owner or operator shall inspect the internal floating roof components as follows except as provided in clause (5)(iii)('c') of this subdivision:

('1') Visually inspect the internal floating roof components through openings on the fixed-roof (e.g., manholes and roof hatches) at least once every 12 months after initial fill, and

('2') Visually inspect the internal floating roof, primary seal, secondary seal (if one is in service), gaskets, slotted membranes, and sleeve seals (if any) each time the tank is emptied and degassed and at least every 10 years.

('c') As an alternative to performing the inspections specified in clause (5)(iii)('b') of this subdivision for an internal floating roof equipped with two continuous seals mounted one above the other, the owner or operator may visually inspect the internal floating roof, primary and secondary seals, gaskets, slotted membranes, and sleeve seals (if any) each time the tank is emptied and degassed and at least every 5 years.

('d') Prior to each inspection required by clause (5)(iii)('b') or (5)(iii)('c') of this subdivision, the owner or operator shall notify the commissioner in advance of each inspection to provide the commissioner with the opportunity to have an observer present during the inspection. The owner or operator shall notify the commissioner of the date and location of the inspection as follows:

('1') Prior to each visual inspection of an internal floating roof in a tank that has been emptied and degassed, written notification shall be prepared and sent by the owner or operator so that it is received by the commissioner at least 30 calendar days before refilling the tank except when an inspection is not planned as provided for in subclause (5)(iii)('d')('2') of this subdivision.

('2') When a visual inspection is not planned and the owner or operator could not have known about the inspection 30 calendar days before refilling the tank, the owner or operator shall notify the commissioner as soon as possible, but no later than 7 calendar days before refilling of the tank. This notification may be made by telephone and immediately followed by a written explanation for why the inspection is unplanned. Alternatively, written notification, including the explanation for the unplanned inspection, may be sent so that it is received by the commissioner at least 7 calendar days before refilling the tank.

('e') In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (11) of this subdivision.

('f') The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in paragraph 373-2.29(j)(2) of this section.

(iv) Safety devices, as defined in subdivision 373-3.29(b), may be installed and operated as necessary on any tank complying with the requirements of paragraph 373-2.29(e)(5) of this subdivision.

(6) The owner or operator who controls air pollutant emissions from a tank using an external floating roof shall meet the requirements specified in subparagraphs (6)(i) through (6)(iii) of this subdivision.

(i) The owner or operator shall design the external floating roof in accordance with the following requirements:

('a') The external floating roof shall be designed to float on the liquid surface except when the floating roof must be supported by the leg supports.

('b') The floating roof shall be equipped with two continuous seals, one above the other, between the wall of the tank and the roof edge. The lower seal is referred to as the primary seal, and the upper seal is referred to as the secondary seal.

('1') The primary seal shall be a liquid-mounted seal or a metallic shoe seal, as defined in subdivision 373-3.29(b) of this Part. The total area of the gaps between the tank wall and the primary seal shall not exceed 212 square centimeters (cm2) per meter of tank diameter, and the width of any portion of these gaps shall not exceed 3.8 centimeters (cm). If a metallic shoe seal is used for the primary seal, the metallic shoe seal shall be designed so that one end extends into the liquid in the tank and the other end extends a vertical distance of at least 61 centimeters above the liquid surface.

('2') The secondary seal shall be mounted above the primary seal and cover the annular space between the floating roof and the wall of the tank. The total area of the gaps between the tank wall and the secondary seal shall not exceed 21.2 square centimeters (cm2) per meter of tank diameter, and the width of any portion of these gaps shall not exceed 1.3 centimeters (cm).

('c') The external floating roof shall meet the following specifications:

('1') Except for automatic bleeder vents (vacuum breaker vents) and rim space vents, each opening in a noncontact external floating roof shall provide a projection below the liquid surface.

('2') Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves, each opening in the roof shall be equipped with a gasketed cover, seal, or lid.

('3') Each access hatch and each gauge float well shall be equipped with a cover designed to be bolted or fastened when the cover is secured in the closed position.

('4') Each automatic bleeder vent and each rim space vent shall be equipped with a gasket.

('5') Each roof drain that empties into the liquid managed in the tank shall be equipped with a slotted membrane fabric cover that covers at least 90 percent of the area of the opening.

('6') Each unslotted and slotted guide pole well shall be equipped with a gasketed sliding cover or a flexible fabric sleeve seal.

('7') Each unslotted guide pole shall be equipped with a gasketed cap on the end of the pole.

('8') Each slotted guide pole shall be equipped with a gasketed float or other device which closes off the liquid surface from the atmosphere.

('9') Each gauge hatch and each sample well shall be equipped with a gasketed cover.

(ii) The owner or operator shall operate the tank in accordance with the following requirements:

('a') When the floating roof is resting on the leg supports, the process of filling, emptying, or refilling shall be continuous and shall be completed as soon as practical.

('b') Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves, each opening in the roof shall be secured and maintained in a closed position at all times except when the closure device must be open for access.

('c') Covers on each access hatch and each gauge float well shall be bolted or fastened when secured in the closed position.

('d') Automatic bleeder vents shall be set closed at all times when the roof is floating, except when the roof is being floated off or is being landed on the leg supports.

('e') Rim space vents shall be set to open only at those times that the roof is being floated off the roof leg supports or when the pressure beneath the rim seal exceeds the manufacturer's recommended setting.

('f') The cap on the end of each unslotted guide pole shall be secured in the closed position at all times except when measuring the level or collecting samples of the liquid in the tank.

('g') The cover on each gauge hatch or sample well shall be secured in the closed position at all times except when the hatch or well must be opened for access.

('h') Both the primary seal and the secondary seal shall completely cover the annular space between the external floating roof and the wall of the tank in a continuous fashion except during inspections.

(iii) The owner or operator shall inspect the external floating roof in accordance with the procedures specified as follows:

('a') The owner or operator shall measure the external floating roof seal gaps in accordance with the following requirements:

('1') The owner or operator shall perform measurements of gaps between the tank wall and the primary seal within 60 calendar days after initial operation of the tank following installation of the floating roof and, thereafter, at least once every 5 years.

('2') The owner or operator shall perform measurements of gaps between the tank wall and the secondary seal within 60 calendar days after initial operation of the tank following installation of the floating roof and, thereafter, at least once every year.

('3') If a tank ceases to hold hazardous waste for a period of 1 year or more, subsequent introduction of hazardous waste into the tank shall be considered an initial operation for the purposes of subclauses (6)(iii)('a')('1') and (6)(iii)('a')('2') of this subdivision.

('4') The owner or operator shall determine the total surface area of gaps in the primary seal and in the secondary seal individually using the following procedure:

('i') The seal gap measurements shall be performed at one or more floating roof levels when the roof is floating off the roof supports.

('ii') Seal gaps, if any, shall be measured around the entire perimeter of the floating roof in each place where a 0.32-centimeter (cm) diameter uniform probe passes freely (without forcing or binding against the seal) between the seal and the wall of the tank and measure the circumferential distance of each such location.

('iii') For a seal gap measured under subparagraph (6)(iii) of this subdivision, the gap surface area shall be determined by using probes of various widths to measure accurately the actual distance from the tank wall to the seal and multiplying each such width by its respective circumferential distance.

('iv') The total gap area shall be calculated by adding the gap surface areas determined for each identified gap location for the primary seal and the secondary seal individually, and then dividing the sum for each seal type by the nominal diameter of the tank. These total gap areas for the primary seal and secondary seal are then compared to the respective standards for the seal type as specified in clause (6)(i)('b') of this subdivision.

('5') In the event that the seal gap measurements do not conform to the specifications in clause (6)(i)('b') of this subdivision, the owner or operator shall repair the defect in accordance with the requirements of paragraph (11) of this subdivision.

('6') The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in paragraph 373-2.29(j)(2) of this section.

('b') The owner or operator shall visually inspect the external floating roof in accordance with the following requirements:

('1') The floating roof and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to: Holes, tears, or other openings in the rim seal or seal fabric of the floating roof; a rim seal detached from the floating roof; all or a portion of the floating roof deck being submerged below the surface of the liquid in the tank; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.

('2') The owner or operator shall perform an initial inspection of the external floating roof and its closure devices on or before the date that the tank becomes subject to this subdivision. Thereafter, the owner or operator shall perform the inspections at least once every year except for the special conditions provided for in paragraph (12) of this subdivision.

('3') In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (11) of this subdivision.

('4') The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in paragraph 373-2.29(j)(2) of this section.

('c') Prior to each inspection required by clause (6)(iii)('a') or (6)(iii)('b') of this subdivision, the owner or operator shall notify the commissioner in advance of each inspection to provide the commissioner with the opportunity to have an observer present during the inspection. The owner or operator shall notify the commissioner of the date and location of the inspection as follows:

('1') Prior to each inspection to measure external floating roof seal gaps as required under clause (6)(iii)('a') of this subdivision, written notification shall be prepared and sent by the owner or operator so that it is received by the commissioner at least 30 calendar days before the date the measurements are scheduled to be performed.

('2') Prior to each visual inspection of an external floating roof in a tank that has been emptied and degassed, written notification shall be prepared and sent by the owner or operator so that it is received by the commissioner at least 30 calendar days before refilling the tank except when an inspection is not planned as provided for in subclause (6)(iii)('c')('3') of this subdivision.

('3') When a visual inspection is not planned and the owner or operator could not have known about the inspection 30 calendar days before refilling the tank, the owner or operator shall notify the commissioner as soon as possible, but no later than 7 calendar days before refilling of the tank. This notification may be made by telephone and immediately followed by a written explanation for why the inspection is unplanned. Alternatively, written notification, including the explanation for the unplanned inspection, may be sent so that it is received by the commissioner at least 7 calendar days before refilling the tank.

(iv) Safety devices, as defined in subdivision 373-3.29(b), may be installed and operated as necessary on any tank complying with the requirements of paragraph 373-2.29(e)(6) of this subdivision. (7) The owner or operator who controls air pollutant emissions from a tank by venting the tank to a control device shall meet the requirements specified in subparagraphs (7)(i) through (7)(iii) of this subdivision.

(i) The tank shall be covered by a fixed roof and vented directly through a closed-vent system to a control device in accordance with the following requirements:

('a') The fixed roof and its closure devices shall be designed to form a continuous barrier over the entire surface area of the liquid in the tank.

('b') Each opening in the fixed roof not vented to the control device shall be equipped with a closure device. If the pressure in the vapor headspace underneath the fixed roof is less than atmospheric pressure when the control device is operating, the closure devices shall be designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the cover opening and the closure device. If the pressure in the vapor headspace underneath the fixed roof is equal to or greater than atmospheric pressure when the control device is operating, the closure device shall be designed to operate with no detectable organic emissions.

('c') The fixed roof and its closure devices shall be made of suitable materials that will minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and will maintain the integrity of the fixed roof and closure devices throughout their intended service life. Factors to be considered when selecting the materials for and designing the fixed roof and closure devices shall include: Organic vapor permeability, the effects of any contact with the liquid and its vapor managed in the tank; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the tank on which the fixed roof is installed.

('d') The closed-vent system and control device shall be designed and operated in accordance with the requirements of subdivision 373-2.29(h) of this section.

(ii) Whenever a hazardous waste is in the tank, the fixed roof shall be installed with each closure device secured in the closed position and the vapor headspace underneath the fixed roof vented to the control device except as follows:

('a') Venting to the control device is not required, and opening of closure devices or removal of the fixed roof is allowed at the following times:

('1') To provide access to the tank for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample liquid in the tank, or when a worker needs to open a hatch to maintain or repair equipment. 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 tank.

('2') To remove accumulated sludge or other residues from the bottom of a tank.

('b') Opening of a safety device, as defined in subdivision 373-3.29(b) of this Part, is allowed at any time conditions require doing so to avoid an unsafe condition.

(iii) The owner or operator shall inspect and monitor the air emission control equipment in accordance with the following procedures:

('a') The fixed roof and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the roof sections or between the roof and the tank wall; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.

('b') The closed-vent system and control device shall be inspected and monitored by the owner or operator in accordance with the procedures specified in subdivision 373-2.29(h) of this section.

('c') The owner or operator shall perform an initial inspection of the air emission control equipment on or before the date that the tank becomes subject to this subdivision. Thereafter, the owner or operator shall perform the inspections at least once every year except for the special conditions provided for in paragraph (12) of this subdivision.

('d') In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (11) of this subdivision.

('e') The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in paragraph 373-2.29(j)(2) of this section.

(8) The owner or operator who controls air pollutant emissions by using a pressure tank shall meet the following requirements.

(i) The tank shall be designed not to vent to the atmosphere as a result of compression of the vapor headspace in the tank during filling of the tank to its design capacity.

(ii) All tank openings shall be equipped with closure devices designed to operate with no detectable organic emissions as determined using the procedure specified in paragraph 373-2.29(d)(4) of this section.

(iii) Whenever a hazardous waste is in the tank, the tank shall be operated as a closed system that does not vent to the atmosphere except under either of the following conditions as specified in clause (8)(iii)('a') or (8)(iii)('b') of this subdivision.

('a') At those times when opening of a safety device, as defined in subdivision 373-3.29(b) of this Part, is required to avoid an unsafe condition.

('b') At those times when purging of inerts from the tank is required and the purge stream is routed to a closed-vent system and control device designed and operated in accordance with the requirements of subdivision 373-2.29(h) of this section.

(9) The owner or operator who controls air pollutant emissions by using an enclosure vented through a closed-vent system to an enclosed combustion control device shall meet the requirements specified in subparagraphs (9)(i) through (9)(iv) of this subdivision.

(i) The tank shall be located inside an enclosure. The 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, as incorporated by reference in subdivision 370.1(e) of this Title. 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 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", as incorporated by reference in subdivision 370.1(e) of this Title, initially when the enclosure is first installed and, thereafter, annually.

(ii) The enclosure shall be vented through a closed-vent system to an enclosed combustion control device that is designed and operated in accordance with the standards for either a vapor incinerator, boiler, or process heater specified in subdivision 373-2.29(h) of this section.

(iii) Safety devices, as defined in subdivision 373-3.29(b) of this Part, may be installed and operated as necessary on any enclosure, closed-vent system, or control device used to comply with the requirements of subparagraphs (9)(i) and (9)(ii) of this subdivision.

(iv) The owner or operator shall inspect and monitor the closed-vent system and control device as specified in subdivision 373-2.29(h) of this section.

(10) The owner or operator shall transfer hazardous waste to a tank subject to this subdivision in accordance with the following requirements:

(i) Transfer of hazardous waste, except as provided in subparagraph (10)(ii) of this subdivision, to the tank from another tank subject to this subdivision or from a surface impoundment subject to subdivision 373-2.29(f) of this section shall be conducted using continuous hard-piping or another closed system that does not allow exposure of the hazardous waste to the atmosphere. For the purpose of complying with this provision, an individual drain system is considered to be a closed system when it meets the requirements of 40 CFR Part 63, Subpart RR--National Emission Standards for Individual Drain Systems as incorporated by reference in subdivision 370.1(e) of this Title.

(ii) The requirements of subparagraph (10)(i) of this subdivision do not apply when transferring a hazardous waste to the tank under any of the following conditions:

('a') The hazardous waste meets the average VO concentration conditions specified in subparagraph 373-2.29(c)(3)(i) of this section at the point of waste origination.

('b') The hazardous waste has been treated by an organic destruction or removal process to meet the requirements in subparagraph 373-2.29(c)(3)(ii) of this section.

('c') The hazardous waste meets the requirements of subparagraph 373-2.29(c)(3)(iv) of this section.

(11) The owner or operator shall repair each defect detected during an inspection performed in accordance with the requirements of subparagraph (3)(iv), (5)(iii), (6)(iii), or (7)(iii) of this subdivision as follows:

(i) The owner or operator shall make first efforts at repair of the defect no later than 5 calendar days after detection, and repair shall be completed as soon as possible but no later than 45 calendar days after detection except as provided in subparagraph (11)(ii) of this subdivision.

(ii) Repair of a defect may be delayed beyond 45 calendar days if the owner or operator determines that repair of the defect requires emptying or temporary removal from service of the tank and no alternative tank capacity is available at the site to accept the hazardous waste normally managed in the tank. In this case, the owner or operator shall repair the defect the next time the process or unit that is generating the hazardous waste managed in the tank stops operation. Repair of the defect shall be completed before the process or unit resumes operation.

(12) Following the initial inspection and monitoring of the cover as required by the applicable provisions of this section, subsequent inspection and monitoring may be performed at intervals longer than 1 year under the following special conditions:

(i) In the case when inspecting or monitoring the cover would expose a worker to dangerous, hazardous, or other unsafe conditions, then the owner or operator may designate a cover as an "unsafe to inspect and monitor cover" and comply with all of the following requirements:

('a') Prepare a written explanation for the cover stating the reasons why the cover is unsafe to visually inspect or to monitor, if required.

('b') Develop and implement a written plan and schedule to inspect and monitor the cover, using the procedures specified in the applicable subdivision of this section, as frequently as practicable during those times when a worker can safely access the cover.

(ii) In the case when a tank is buried partially or entirely underground, an owner or operator is required to inspect and monitor, as required by the applicable provisions of this subdivision, only those portions of the tank cover and those connections to the tank (e.g., fill ports, access hatches, gauge wells, etc.) that are located on or above the ground surface.

(f) Standards: Surface impoundments.

(1) The provisions of this section apply to the control of air pollutant emissions from surface impoundments for which paragraph 373-2.29(c)(2) of this section references the use of this subdivision for such air emission control.

(2) The owner or operator shall control air pollutant emissions from the surface impoundment by installing and operating either of the following:

(i) A floating membrane cover in accordance with the provisions specified in paragraph (3) of this subdivision; or

(ii) A cover that is vented through a closed-vent system to a control device in accordance with the provisions specified in paragraph (4) of this subdivision.

(3) The owner or operator who controls air pollutant emissions from a surface impoundment using a floating membrane cover shall meet the requirements specified in subparagraphs (3)(i) through (3)(iii) of this subdivision.

(i) The surface impoundment shall be equipped with a floating membrane cover designed to meet the following specifications:

('a') The floating membrane cover shall be designed to float on the liquid surface during normal operations and form a continuous barrier over the entire surface area of the liquid.

('b') The cover shall be fabricated from a synthetic membrane material that is either:

('1') High density polyethylene (HDPE) with a thickness no less than 2.5 millimeters (mm); or

('2') A material or a composite of different materials determined to have both organic permeability properties that are equivalent to those of the material listed in subclause (3)(i)('b')('1') of this subdivision and chemical and physical properties that maintain the material integrity for the intended service life of the material.

('c') The cover shall be installed in a manner such that there are no visible cracks, holes, gaps, or other open spaces between cover section seams or between the interface of the cover edge and its foundation mountings.

('d') Except as provided for in clause (3)(i)('e') of this subdivision, each opening in the floating membrane cover shall be equipped with a closure device designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the cover opening and the closure device.

('e') The floating membrane cover may be equipped with one or more emergency cover drains for removal of stormwater. Each emergency cover drain shall be equipped with a slotted membrane fabric cover that covers at least 90 percent of the area of the opening or a flexible fabric sleeve seal.

('f') The closure devices shall be made of suitable materials that will minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and will maintain the integrity of the closure devices throughout their intended service life. Factors to be considered when selecting the materials of construction and designing the cover and closure devices shall include: Organic vapor permeability; the effects of any contact with the liquid and its vapor managed in the surface impoundment; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the surface impoundment on which the floating membrane cover is installed.

(ii) Whenever a hazardous waste is in the surface impoundment, the floating membrane cover shall float on the liquid and each closure device shall be secured in the closed position except as follows:

('a') Opening of closure devices or removal of the cover is allowed at the following times:

('1') To provide access to the surface impoundment for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample the liquid in the surface impoundment, or when a worker needs to open a hatch to maintain or repair equipment. Following completion of the activity, the owner or operator shall promptly replace the cover and secure the closure device in the closed position, as applicable.

('2') To remove accumulated sludge or other residues from the bottom of surface impoundment.

('b') Opening of a safety device, as defined in subdivision 373-3.29(b) of this Part, is allowed at any time conditions require doing so to avoid an unsafe condition.

(iii) The owner or operator shall inspect the floating membrane cover in accordance with the following procedures:

('a') The floating membrane cover and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the cover section seams or between the interface of the cover edge and its foundation mountings; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.

('b') The owner or operator shall perform an initial inspection of the floating membrane cover and its closure devices on or before the date that the surface impoundment becomes subject to this subdivision. Thereafter, the owner or operator shall perform the inspections at least once every year except for the special conditions provided for in paragraph (7) of this subdivision.

('c') In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (6) of this subdivision.

('d') The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in paragraph 373-2.29(j)(3) of this section.

(4) The owner or operator who controls air pollutant emissions from a surface impoundment using a cover vented to a control device shall meet the requirements specified in subparagraphs (4)(i) through (4)(iii) of this subdivision.

(i) The surface impoundment shall be covered by a cover and vented directly through a closed-vent system to a control device in accordance with the following requirements:

('a') The cover and its closure devices shall be designed to form a continuous barrier over the entire surface area of the liquid in the surface impoundment.

('b') Each opening in the cover not vented to the control device shall be equipped with a closure device. If the pressure in the vapor headspace underneath the cover is less than atmospheric pressure when the control device is operating, the closure devices shall be designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the cover opening and the closure device. If the pressure in the vapor headspace underneath the cover is equal to or greater than atmospheric pressure when the control device is operating, the closure device shall be designed to operate with no detectable organic emissions using the procedure specified in paragraph 373-2.29(d)(4) of this section.

('c') The cover and its closure devices shall be made of suitable materials that will minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and will maintain the integrity of the cover and closure devices throughout their intended service life. Factors to be considered when selecting the materials of construction and designing the cover and closure devices shall include: Organic vapor permeability; the effects of any contact with the liquid or its vapors managed in the surface impoundment; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the surface impoundment on which the cover is installed.

('d') The closed-vent system and control device shall be designed and operated in accordance with the requirements of subdivision 373-2.29(h) of this section.

(ii) Whenever a hazardous waste is in the surface impoundment, the cover shall be installed with each closure device secured in the closed position and the vapor headspace underneath the cover vented to the control device except as follows:

('a') Venting to the control device is not required, and opening of closure devices or removal of the cover is allowed at the following times:

('1') To provide access to the surface impoundment for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample liquid in the surface impoundment, or when a worker needs to open a hatch to maintain or repair equipment. 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 surface impoundment.

('2') To remove accumulated sludge or other residues from the bottom of the surface impoundment.

('b') Opening of a safety device, as defined in subdivision 373-3.29(b) of this Part, is allowed at any time conditions require doing so to avoid an unsafe condition.

(iii) The owner or operator shall inspect and monitor the air emission control equipment in accordance with the following procedures:

('a') The surface impoundment cover and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the cover section seams or between the interface of the cover edge and its foundation mountings; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.

('b') The closed-vent system and control device shall be inspected and monitored by the owner or operator in accordance with the procedures specified in subdivision 373-2.29(h) of this section.

('c') The owner or operator shall perform an initial inspection of the air emission control equipment on or before the date that the surface impoundment becomes subject to this subdivision. Thereafter, the owner or operator shall perform the inspections at least once every year except for the special conditions provided for in paragraph (7) of this subdivision.

('d') In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (6) of this subdivision.

('e') The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in paragraph 373-2.29(j)(3) of this section.

(5) The owner or operator shall transfer hazardous waste to a surface impoundment subject to this subdivision in accordance with the following requirements:

(i) Transfer of hazardous waste, except as provided in subparagraph (5)(ii) of this subdivision, to the surface impoundment from another surface impoundment subject to this subdivision or from a tank subject to subdivision 373-2.29(e) of this section shall be conducted using continuous hard-piping or another closed system that does not allow exposure of the waste to the atmosphere. For the purpose of complying with this provision, an individual drain system is considered to be a closed system when it meets the requirements of 40 CFR Part 63, Subpart RR--National Emission Standards for Individual Drain Systems as incorporated by reference in subdivision 370.1(e) of this Title.

(ii) The requirements of subparagraph (5)(i) of this subdivision do not apply when transferring a hazardous waste to the surface impoundment under either of the following conditions:

('a') The hazardous waste meets the average VO concentration conditions specified in subparagraph 373-2.29(c)(3)(i) of this section at the point of waste origination.

('b') The hazardous waste has been treated by an organic destruction or removal process to meet the requirements in subparagraph 373-2.29(c)(3)(ii) of this section.

('c') The hazardous waste meets the requirements of 373-2.29(c)(3) (iv) of this section.

(6) The owner or operator shall repair each defect detected during an inspection performed in accordance with the requirements of subparagraph (3)(iii) or (4)(iii) of this subdivision as follows:

(i) The owner or operator shall make first efforts at repair of the defect no later than 5 calendar days after detection and repair shall be completed as soon as possible but no later than 45 calendar days after detection except as provided in subparagraph (6)(ii) of this subdivision.

(ii) Repair of a defect may be delayed beyond 45 calendar days if the owner or operator determines that repair of the defect requires emptying or temporary removal from service of the surface impoundment and no alternative capacity is available at the site to accept the hazardous waste normally managed in the surface impoundment. In this case, the owner or operator shall repair the defect the next time the process or unit that is generating the hazardous waste managed in the surface impoundment stops operation. Repair of the defect shall be completed before the process or unit resumes operation.

(7) Following the initial inspection and monitoring of the cover as required by the applicable provisions of this section, subsequent inspection and monitoring may be performed at intervals longer than 1 year in the case when inspecting or monitoring the cover would expose a worker to dangerous, hazardous, or other unsafe conditions. In this case, the owner or operator may designate the cover as an "unsafe to inspect and monitor cover" and comply with all of the following requirements:

(i) Prepare a written explanation for the cover stating the reasons why the cover is unsafe to visually inspect or to monitor, if required.

(ii) Develop and implement a written plan and schedule to inspect and monitor the cover using the procedures specified in the applicable subdivision of this section as frequently as practicable during those times when a worker can safely access the cover.

(g) Standards: Containers.

(1) The provisions of this subdivision apply to the control of air pollutant emissions from containers for which paragraph 373-2.29(c)(2) of this section references the use of this subdivision for such air emission control.

(2) General requirements.

(i) The owner or operator shall control air pollutant emissions from each container subject to this subdivision in accordance with the following requirements, as applicable to the container, except when the special provisions for waste stabilization processes specified in subparagraph (2)(ii) of this subdivision apply to the container.

('a') For a container having a design capacity greater than 0.1 m3 and less than or equal to 0.46 m3, the owner or operator shall control air pollutant emissions from the container in accordance with the Container Level 1 standards specified in paragraph (3) of this subdivision.

('b') For a container having a design capacity greater than 0.46 m3 that is not in light material service, the owner or operator shall control air pollutant emissions from the container in accordance with the Container Level 1 standards specified in paragraph (3) of this subdivision.

('c') For a container having a design capacity greater than 0.46 m3 that is in light material service, the owner or operator shall control air pollutant emissions from the container in accordance with the Container Level 2 standards specified in paragraph (4) of this subdivision.

(ii) When a container having a design capacity greater than 0.1 m3 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 paragraph (5) of this subdivision at those times during the waste stabilization process when the hazardous waste in the container is exposed to the atmosphere.

(3) Container Level 1 standards.

(i) 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 paragraph (6) of this subdivision.

('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.

(ii) A container used to meet the requirements of clause (3)(i)('b') or (3)(i)('c') of this subdivision 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 the container 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.

(iii) 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 paragraph 371.1(h)(2) of this Title, 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 paragraph 371.1(h)(2) of this Title, 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 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 subdivision 373-3.29(b) of this Part, is allowed at any time conditions require doing so to avoid an unsafe condition.

(iv) 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 (i.e., does not meet the conditions for an empty container as specified in paragraph 371.1(h)(2) of this Title) within 24 hours after the container is accepted at the facility, 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 air emission 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 appendix 30 to Part 372 of this Title, as required under subdivision 373-2.5(b) of this Subpart. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of clause (3)(iv)('c') of this subdivision.

('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 clause (3)(iv)('c') of this subdivision.

('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.

(v) The owner or operator shall maintain at the facility a copy of the procedure used to determine that containers with capacity of 0.46 m3 or greater, which do not meet applicable DOT regulations as specified in paragraph (6) of this subdivision, are not managing hazardous waste in light material service.

(4) Container Level 2 standards.

(i) 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 paragraph (6) of this subdivision.

('b') A container that operates with no detectable organic emissions as defined in subdivision 373-3.29(b) of this Part, and determined in accordance with the procedure specified in paragraph (7) of this subdivision.

('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 as incorporated by reference in subdivision 370.1(e) of this Title, in accordance with the procedure specified in paragraph (8) of this subdivision.

(ii) 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 Department 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 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.

(iii) 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 subdivision, an empty container as defined in paragraph 371.1(h)(2) of this Title, 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 paragraph 371.1(h)(2) of this Title, 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 subdivision 373-3.29(b) of this Part, is allowed at any time conditions require doing so to avoid an unsafe condition.

(iv) 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 (i.e., does not meet the conditions for an empty container as specified in paragraph 371.1(h)(2) of this Title) within 24 hours after the container arrives at the facility, 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 air emission 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 appendix 30 to Part 372 of this Title, as required under subdivision 373-2.5(b) of this Subpart. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of clause (4)(iv)('c') of this subdivision.

('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 clause (4)(iv)('c') of this subdivision.

('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) Container Level 3 standards.

(i) 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 clause (5)(ii)('b') of this subdivision.

('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 clauses (5)(ii)('a') and (5)(ii)('b') of this subdivision.

(ii) 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, as incorporated by reference in subdivision 370.1(e) of this Title. 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, as incorporated by reference in 370.1(e).

('b') The closed-vent system and control device shall be designed and operated in accordance with the requirements of subdivision 373-2.29(h) of this section.

(iii) Safety devices, as defined in subdivision 373-3.29(b) of this Part, may be installed and operated as necessary on any container, enclosure, closed-vent system, or control device used to comply with the requirements of subparagraph (5)(i) of this subdivision.

(iv) Owners and operators using Container Level 3 controls in accordance with the provisions of this section shall inspect and monitor the closed-vent systems and control devices as specified in subdivision 373-3.29(h) of this Part.

(v) Owners and operators that use Container Level 3 controls in accordance with the provisions of this section shall prepare and maintain the records specified in paragraph 373-2.29(j)(4) of this section.

(vi) 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 State considers to meet the requirements of this subparagraph 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.

(6) For the purpose of compliance with clause (3)(i)('a') or (4)(i)('a') of this subdivision, containers shall be used that meet the applicable U.S. Department of Transportation (DOT) regulations on packaging hazardous materials for transportation as follows:

(i) The container meets the applicable requirements specified in 49 CFR Part 178--Specifications for Packaging or 49 CFR Part 179--Specifications for Tank Cars, as incorporated by reference in subdivision 370.1(e) of this Title.

(ii) 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, as incorporated by reference in subdivision 370.1(e) of this Title.

(iii) For the purpose of complying with this section, no exceptions to the 49 CFR Part 178 or Part 179 regulations are allowed except as provided for in subparagraph (6)(iv) of this subdivision.

(iv) For a lab pack that is managed in accordance with the requirements of 49 CFR Part 178 for the purpose of complying with this section, an owner or operator may comply with the exceptions for combination packagings specified in 49 CFR 173.12(b), as incorporated by reference in subdivision 370.1(e) of this Title.

(7) To determine compliance with the no detectable organic emissions requirement of clause 373-2.29(g)(4)(i)('b') of this subdivision, the procedure specified in paragraph 373-2.29(d)(4) of this section shall be used.

(i) 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.

(ii) 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.

(8) Procedure for determining a container to be vapor-tight using Method 27 of 40 CFR Part 60, appendix A , as incorporated by reference in subdivision 370.1(e) of this Title, for the purpose of complying with clause (4)(i)('c') of this subdivision.

(i) The test shall be performed in accordance with Method 27 of 40 CFR Part 60, appendix A, as incorporated by reference in subdivision 370.1(e) of this Title.

(ii) 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.

(iii) 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.

(h) Standards: Closed-vent systems and control devices.

(1) This subdivision 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 section.

(2) The closed-vent system shall meet the following requirements:

(i) 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 paragraph (3) of this subdivision.

(ii) The closed-vent system shall be designed and operated in accordance with the requirements specified in paragraph 373-2.27(d)(11) of this section.

(iii) 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 clause (2)(iii)('a') of this subdivision or a seal or locking device as specified in clause (2)(iii)('b') of this subdivision. For the purpose of complying with this paragraph, 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 subparagraph (2)(iii) of this subdivision, 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 subparagraph, 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 subparagraph (2)(iii) of this subdivision, 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.

(iv) The closed-vent system shall be inspected and monitored by the owner or operator in accordance with the procedure specified in paragraph 373-2.27(d)(12) of this section.

(3) The control device shall meet the following requirements:

(i) 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 373-2.27(d)(3) of this Subpart; or

('c') A flare designed and operated in accordance with the requirements of 373-2.27(d)(4) of this Subpart.

(ii) The owner or operator who elects to use a closed-vent system and control device to comply with the requirements of this subdivision shall comply with the requirements specified in clauses (3)(ii)('a') through (3)(ii)('f') of this subdivision.

('a') Periods of planned routine maintenance of the control device, during which the control device does not meet the specifications of clauses (3)(i)('a'), (3)(i)('b'), or (3)(i)('c') of this subdivision, as applicable, shall not exceed 240 hours per year.

('b') The specifications and requirements in clauses (3)(i)('a'), (3)(i)('b'), and (3)(i)('c') of this subdivision for control devices do not apply during periods of planned routine maintenance.

('c') The specifications and requirements in clauses (3)(i)('a'), (3)(i)('b'), and (3)(i)('c') of this subdivision for control devices do not apply during a control device system malfunction.

('d') The owner or operator shall demonstrate compliance with the requirements of clause (3)(ii)('a'), of this subdivision (i.e., planned routine maintenance of a control device during which the control device does not meet the specifications of clauses (3)(i)('a'), (3)(i)('b'), or (3)(i)('c') of this subdivision, as applicable, shall not exceed 240 hours per year ) by recording the information specified in clause 373-2.29(j)(5)(i)('e') of this section.

('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, 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, and/or fumes to avoid an unsafe condition or to implement malfunction corrective actions or planned maintenance actions.

(iii) The owner or operator using a carbon adsorption system to comply with subparagraph (3)(i) of this subdivision 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 paragraph 373-2.27(d)(7) or 373-2.27(d)(8) of this Subpart.

('b') All carbon that is hazardous waste and that is removed from the control device shall be managed in accordance with the requirements of paragraph 373-2.27(d)(14) of this Subpart, regardless of the average volatile organic concentration of the carbon.

(iv) 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 subparagraph (3)(i) of this subdivision shall operate and maintain the control device in accordance with the requirements of paragraph 373-2.27(d)(10) of this Subpart.

(v) The owner or operator shall demonstrate that a control device achieves the performance requirements of subparagraph (3)(i) of this subdivision as follows:

('a') An owner or operator shall demonstrate using either a performance test as specified in clause (3)(v)('c') of this subdivision or a design analysis as specified in clause (3)(v)('d') of this subdivision 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 Subpart 373-1 of this Part and has designed and operates the unit in accordance with the requirements of section 374-1.8 of this Title; 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 section 374-1.8 of this Title.

('b') An owner or operator shall demonstrate the performance of each flare in accordance with the requirements specified in paragraph 373-2.27(d)(5) of this Subpart.

('c') For a performance test conducted to meet the requirements of clause (3)(v)('a') of this subdivision, the owner or operator shall use the test methods and procedures specified in subparagraphs 373-2.27(e)(3)(i) through (3)(iv) of this Title.

('d') For a design analysis conducted to meet the requirements of clause (3)(v)('a') of this subdivision, the design analysis shall meet the requirements specified in clause 373-2.27(f)(2)(iv)('c') of this Subpart.

('e') The owner or operator shall demonstrate that a carbon adsorption system achieves the performance requirements of subparagraph (3)(i) of this subdivision 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.

(vi) If the owner or operator and the Commissioner 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 clause (3)(v)('c') of this subdivision. The Commissioner may choose to have an authorized representative observe the performance test.

(vii) The closed-vent system and control device shall be inspected and monitored by the owner or operator in accordance with the procedures specified in subparagraph 373-2.27(d)(6)(ii) and paragraph 373-2.27(d)(12) of this Subpart. The readings from each monitoring device required by subparagraph 373-2.27(d)(6)(ii) of this Subpart 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 subdivision.

(i) Inspection and monitoring requirements.

(1) The owner or operator shall inspect and monitor air emission control equipment used to comply with this section in accordance with the applicable requirements specified in subdivisions 373-2.29 (e) through 373-2.29(h) of this section.

(2) The owner or operator shall develop and implement a written plan and schedule to perform the inspections and monitoring required by paragraph (1) of this subdivision. The owner or operator shall incorporate this plan and schedule into the facility inspection plan required under subdivision 373-2.2(g) of this Subpart.

(j) Recordkeeping requirements.

(1) Each owner or operator of a facility subject to requirements of this section shall record and maintain the information specified in paragraphs (2) through (10) of this subdivision, as applicable to the facility. Except for air emission control equipment design documentation and information required by paragraphs (9) and (10) of this subdivision records required by this subdivision shall be maintained in the operating record for a minimum of three 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 paragraph (9) and (10) of this subdivision shall be maintained in the operating record for as long as the waste management unit is not using air emission controls specified in subdivisions 373-2.29(e) through 373-2.29(h) of this section in accordance with the conditions specified in paragraph 373-2 .29(a)(4) or subparagraph 373-2.29(a)(2)(vii) of this section, respectively.

(2) The owner or operator of a tank using air emission controls in accordance with the requirements of subdivision 373-2.29(e) of this section shall prepare and maintain records for the tank that include the following information:

(i) For each tank using air emission controls in accordance with the requirements of subdivision 373-2.29(e) of this section, 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 subdivision 373-2.29(e) of this section that includes the following information:

('1') Date inspection was conducted.

('2') 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 subdivision 373-2.29(e) of this section, the owner or operator shall also record the reason for the delay and the date that completion of repair of the defect is expected.

(ii) In addition to the information required by subparagraph (2)(i) of this subdivision, 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 paragraph 373-2.29(e)(3) of this section 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 paragraph 373-2.29(e)(3) of this section. 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 paragraph 373-2.29(e)(5) of this section 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 paragraph 373-2.29(e)(6) of this section 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 subparagraph 373-2.29(e)(6)(iii) of this section 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 subparagraph 373-2.29(e)(6)(i) of this section, 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 paragraph 373-2.29(e)(9) of this section 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 as incorporated by reference in subdivision 370.1(e) of this Title.

('2') Records required for the closed-vent system and control device in accordance with the requirements of paragraph (5) of this subdivision.

(3) The owner or operator of a surface impoundment using air emission controls in accordance with the requirements of subdivision 373-2.29(f) of this section shall prepare and maintain records for the surface impoundment that include the following information:

(i) A surface impoundment identification number (or other unique identification description as selected by the owner or operator).

(ii) 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 paragraph 373-2.29(f)(3) of this section.

(iii) A record for each inspection required by subdivision 373-2.29(f) of this section 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 paragraph 373-2.29(f)(6) of this section, the owner or operator shall also record the reason for the delay and the date that completion of repair of the defect is expected.

(iv) 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 paragraph (5) of this subdivision.

(4) The owner or operator of containers using Container Level 3 air emission controls in accordance with the requirements of subdivision 373-2.29(g) of this section shall prepare and maintain records that include the following information:

(i) 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 as incorporated by reference in subdivision 370.1(e) of this Title.

(ii) Records required for the closed-vent system and control device in accordance with the requirements of paragraph (5) of this subdivision.

(5) The owner or operator using a closed-vent system and control device in accordance with the requirements of subdivision 373-2.29(h) of this section shall prepare and maintain records that include the following information:

(i) 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 clause (5)(i)('b') of this subdivision or by performance tests as specified in clause (5)(i)('c') of this subdivision 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 subparagraph 373-2.27(f)(2)(iv) of this Subpart. 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 clause 373-2.27(f)(2)(iv)('c') of this Subpart 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 subparagraph 373-2.27(f)(2)(iii) of this Subpart and all test results.

('d') Information as required by subparagraphs 373-2.27(f)(3)(i) and 373-2.27(f)(3)(ii) of this Subpart, as applicable.

('e') An owner or operator shall record, on a semiannual basis, the information specified in subclauses (5)(i)('e')('1') and (5)(i)('e')('2') of this subdivision for those planned routine maintenance operations that would require the control device not to meet the requirements of clauses 373-2.29(h)(3)(i)('a'), (h)(3)(i)('b'), or (h)(3)(i)('c') of this section, 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 clauses 373-2.29(h)(3)(i)('a'), (h)(3)(i)('b'), or (h)(3)(i)('c') of this section, as applicable, due to planned routine maintenance.

('f') An owner or operator shall record the information specified in subclauses (5)(i)('f')('1') through (5)(i)('f')('3') of this subdivision for those unexpected control device system malfunctions that would require the control device not to meet the requirements of clauses 373-2.29(h)(3)(i)('a'), (h)(3)(i)('b') or (h)(3)(i)('c') of this section, 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 clause 373-2.29(h)(3)(iii)('b') of this section.

(6) The owner or operator of a tank, surface impoundment, or container exempted from standards in accordance with the provisions of paragraph 373-2.29(c)(3) of this section shall prepare and maintain the following records, as applicable:

(i) For tanks, surface impoundments, and containers exempted under the hazardous waste organic concentration conditions specified in subparagraph 373-2.29(c)(3)(i) or clause 373-2.29(c)(3)(ii)('a') through (3)(ii)('f') of this section, 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 subdivision 373-2.29(d) of this section.

(ii) For tanks, surface impoundments, or containers exempted under the provisions of clause 373-2.29(c)(3)(ii)('g') or 373-2.29(c)(3)(ii)('h') of this section, the owner or operator shall record the identification number for the incinerator, boiler, or industrial furnace in which the hazardous waste is treated.

(7) An owner or operator designating a cover as "unsafe to inspect and monitor" pursuant to paragraph 373-2.29(e)(12) or 373-2.29(f)(7) of this section 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.

(8) The owner or operator of a facility that is subject to this section and to the control device standards in 40 CFR Part 60, Subpart VV or 40 CFR Part 61, Subpart V, as incorporated by reference in paragraph 370.1(e)(2) of this Title, may elect to demonstrate compliance with the applicable subdivisions of this section by documentation either pursuant to this section, or pursuant to the provisions of 40 CFR Part 60, Subpart VV or 40 CFR Part 61, Subpart V, as incorporated by reference in paragraph 370.1(e)(2) of this Title, to the extent that the documentation required by 40 CFR Parts 60 or 61, as incorporated by reference in paragraph 370.1(e)(2) of this Title, duplicates the documentation required by this subdivision.

(9) For each tank or container not using air emission controls specified in subdivisions 373-2.29(e) through 373-2.29(h) of this section in accordance with the conditions specified in paragraph 373-2.29(a)(4) of this section, the owner or operator shall record and maintain the following information:

(i) A list of the individual organic peroxide compounds manufactured at the facility that meet the conditions specified in subparagraph 373-2.29(a)(4)(i) of this section.

(ii) A description of how the hazardous waste containing the organic peroxide compounds identified in subparagraph (9)(i) of this subdivision are managed at the facility in tanks and containers. This description shall include:

('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.

(iii) An explanation of why managing the hazardous waste containing the organic peroxide compounds identified in subparagraph (9)(i) of this subdivision in the tanks and containers as described in subparagraph (9)(ii) of this subdivision would create an undue safety hazard if the air emission controls, as required under subdivisions 373-2.29(e) through 373-2.29(h) of this section, 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 section, 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 section, 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.

(10) For each hazardous waste management unit not using air emission controls specified in subdivisions 373-2.29(e) through 373-2.29(h) of this section in accordance with the requirements of 373-2.29(a)(2)(vii) of this section, the owner and operator shall record and maintain the following information:

(i) Certification that the waste management unit is equipped with and operating air emission controls in accordance with the requirements of an applicable Clean Air Act regulation codified under 40 CFR Part 60, Part 61, or Part 63, as incorporated by reference in subdivision 370.1(e) of this Title.

(ii) Identification of the specific requirements codified under 40 CFR Part 60, Part 61, or Part 63, as incorporated by reference in subdivision 370.1(e) of this Title, with which the waste management unit is in compliance.

(k) Reporting Requirements.

(1) Each owner or operator managing hazardous waste in a tank, surface impoundment, or container exempted from using air emission controls under the provisions of paragraph 373-2.29(c)(3) of this section shall report to the commissioner each occurrence when hazardous waste is placed in the waste management unit in noncompliance with the conditions specified in subparagraph 373-2.29(c)(3)(i) or (3)(ii) of this section, as applicable. Examples of such occurrences include placing in the waste management unit a hazardous waste having an average VO concentration equal to or greater than 500 ppmw at the point of waste origination; or placing in the waste management unit a treated hazardous waste of which the organic content has been reduced by an organic destruction or removal process that fails to achieve the applicable conditions specified in clauses 373-2.29(c)(3)(ii)('a') through (3)(ii)('f') of this section. The owner or operator shall submit a written report within 15 calendar days of the time that the owner or operator becomes aware of the occurrence. The written report shall contain the EPA identification number, facility name and address, a description of the noncompliance event and the cause, the dates of the noncompliance, and the actions taken to correct the noncompliance and prevent recurrence of the noncompliance. The report shall be signed and dated by an authorized representative of the owner or operator.

(2) Each owner or operator using air emission controls on a tank in accordance with the requirements paragraph 373-2.29(e)(3) of this section shall report to the commissioner each occurrence when hazardous waste is managed in the tank in noncompliance with the conditions specified in paragraph 373-2.29(e)(2) of this section. The owner or operator shall submit a written report within 15 calendar days of the time that the owner or operator becomes aware of the occurrence. The written report shall contain the EPA identification number, facility name and address, a description of the noncompliance event and the cause, the dates of the noncompliance, and the actions taken to correct the noncompliance and prevent reoccurrence of the noncompliance. The report shall be signed and dated by an authorized representative of the owner or operator.

(3) Each owner or operator using a control device in accordance with the requirements of subdivision 373-2.29(h) of this section shall submit a semi annual written report to the Commissioner except as provided for in paragraph (4) of this subdivision. The report shall describe each occurrence during the previous 6-month period when either:

(i) A control device is operated continuously for 24 hours or longer in noncompliance with the applicable operating values defined in subparagraph 373-2.27(f)(3)(iv);or

(ii) A flare is operated with visible emissions for 5 minutes or longer in a two-hour period, as defined in paragraph 373-2.27(d)(4). The written report shall include the EPA identification number, facility name and address, and an explanation why the control device could not be returned to compliance within 24 hours, and actions taken to correct the noncompliance. The report shall be signed and dated by an authorized representative of the owner or operator.

(4) A report to the Commissioner in accordance with the requirements of paragraph (3) of this subdivision is not required for a 6-month period during which all control devices subject to this section are operated by the owner or operator such that:

(i) During no period of 24 hours or longer did a control device operate continuously in noncompliance with the applicable operating values defined in subparagraph 373-2.27(f)(3)(iv) of this Subpart; and

(ii) No flare was operated with visible emissions for 5 minutes or longer in a two-hour period, as defined in subparagraph 373-2.27(d)(4)(i) of this Subpart.