WAC 173-303-692
Air emission standards for tanks,
surface impoundments, and containers. (1) Applicability.
(a) The requirements of 40 CFR Part 264 Subpart CC 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 WAC 173-303-630, 173-303-640,
or 173-303-650 except as WAC 173-303-600 and (b) of this
subsection provide otherwise.
(b) The requirements of 40 CFR Part 264 Subpart CC do not
apply to the following waste management units at the facility:
(i) A waste management unit that holds hazardous waste
placed in the unit before December 6, 1996, and in which no
hazardous waste is added to the unit on or after December 6,
1996.
(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 the unit as a result of implementing remedial activities
required under the corrective action authorities of WAC 173-303-646, or RCRA section 3008(h), or CERCLA authorities.
(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 Parts 60, 61,
or 63. 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 40 CFR Part
264.1084(i), except as provided in 40 CFR Part 264.1082
(c)(5).
(viii) A tank that has a process vent as defined in 40
CFR Part 264.1031.
(c) For the owner and operator of a facility subject to
this section who received a final permit under the Hazardous
Waste Management Act prior to December 6, 1996, the
requirements of 40 CFR Part 264 Subpart CC will be
incorporated into the permit when the permit is reissued in
accordance with the requirements of WAC 173-303-840(8) or
reviewed in accordance with the requirements of WAC 173-303-806 (11)(d). Until such date when the permit is
reissued in accordance with the requirements of WAC 173-303-840(8) or reviewed in accordance with the requirements
of WAC 173-303-806 (11)(d), the owner and operator are
subject to the requirements of 40 CFR Part 265 Subpart CC,
which is incorporated by reference at WAC 173-303-400 (3)(a).
(d) The requirements of 40 CFR Part 264 Subpart CC,
except for the recordkeeping requirements specified in 40 CFR
Part 264.1089(i), are administratively stayed for a tank or a
container used for the management of hazardous waste generated
by organic peroxide manufacturing and its associated
laboratory operations when the owner or operator of the unit
meets all of the following conditions:
(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 40 CFR Part 264.1089(i)
explaining why an undue safety hazard would be created if air
emission controls specified in 40 CFR Parts 264.1084 through
264.1087 are installed and operated on the tanks and
containers used at the facility to manage the hazardous waste
generated by the organic peroxide manufacturing process or
processes meeting the conditions of (d)(i) of this subsection.
(iii) The owner or operator notifies the department in
writing that hazardous waste generated by an organic peroxide
manufacturing process or processes meeting the conditions of
(d)(i) of this subsection are managed at the facility in tanks
or containers meeting the conditions of (d)(ii) of this
subsection. The notification must state the name and address
of the facility, and must be signed and dated by an authorized
representative of the facility owner or operator.
(2) 40 CFR Parts 264.1081 through 264.1091 (Subpart CC)
is incorporated by reference.
Note:
Where the incorporated language refers to 264.1080, refer to WAC 173-303-692. Where the incorporated language
refers to Part 270, refer to WAC 173-303-800 through 173-303-840.
(3) References within 40 CFR Part 264 Subpart CC to the
following parts are incorporated by reference: 40 CFR Parts
60, 61, and 63. This includes Method 25E - Determination of
Vapor Phase Organic Concentration in Waste Samples at 40 CFR
Part 60 Appendix A.