weight percent organic emission reduction shall comply with the
procedures of Sec.  261.1034(c)(1) through (4).

Sec.  261.1064  Recordkeeping requirements.

    (a)(1) Each remanufacturer or other person that stores or treats
the hazardous secondary material subject to the provisions of this
subpart shall comply with the recordkeeping requirements of this
section.
    (2) A remanufacturer or other person that stores or treats the
hazardous secondary material in more than one hazardous secondary
material management unit subject to the provisions of this subpart may
comply with the recordkeeping requirements for these hazardous
secondary material management units in one recordkeeping system if the
system identifies each record by each hazardous secondary material
management unit.
    (b) Remanufacturer's and other person's that store or treat the
hazardous secondary material must record and keep the following
information at the facility:
    (1) For each piece of equipment to which subpart BB of part 261
applies:
    (i) Equipment identification number and hazardous secondary
material management unit identification.
    (ii) Approximate locations within the facility (e.g., identify the
hazardous secondary material management unit on a facility plot plan).
    (iii) Type of equipment (e.g., a pump or pipeline valve).
    (iv) Percent-by-weight total organics in the hazardous secondary
material stream at the equipment.
    (v) Hazardous secondary material state at the equipment (e.g., gas/
vapor or liquid).
    (vi) Method of compliance with the standard (e.g., ``monthly leak
detection and repair'' or ``equipped with dual mechanical seals'').
    (2) For facilities that comply with the provisions of Sec.
261.1033(a)(2), an implementation schedule as specified in Sec.
261.1033(a)(2).
    (3) Where a remanufacturer or other person that stores or treats
the hazardous secondary material 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 Sec.  261.1035(b)(3).
    (4) Documentation of compliance with Sec.  261.1060, including the
detailed design documentation or performance test results specified in
Sec.  261.1035(b)(4).
    (c) When each leak is detected as specified in Sec. Sec.  261.1052,
261.1053, 261.1057, and 261.1058, the following requirements apply:
    (1) A weatherproof and readily visible identification, marked with
the equipment identification number, the date evidence of a potential
leak was found in accordance with Sec.  261.1058(a), and the date the
leak was detected, shall be attached to the leaking equipment.
    (2) The identification on equipment, except on a valve, may be
removed after it has been repaired.
    (3) The identification on a valve may be removed after it has been
monitored for two successive months as specified in Sec.  261.1057(c)
and no leak has been detected during those two months.
    (d) When each leak is detected as specified in Sec. Sec.  261.1052,
261.1053, 261.1057, and 261.1058, the following information shall be
recorded in an inspection log and shall be kept at the facility:
    (1) The instrument and operator identification numbers and the
equipment identification number.
    (2) The date evidence of a potential leak was found in accordance
with Sec.  261.1058(a).
    (3) The date the leak was detected and the dates of each attempt to
repair the leak.
    (4) Repair methods applied in each attempt to repair the leak.
    (5) ``Above 10,000'' if the maximum instrument reading measured by
the methods specified in Sec.  261.1063(b) after each repair attempt is
equal to or greater than 10,000 ppm.
    (6) ``Repair delayed'' and the reason for the delay if a leak is
not repaired within 15 calendar days after discovery of the leak.
    (7) Documentation supporting the delay of repair of a valve in
compliance with Sec.  261.1059(c).
    (8) The signature of the remanufacturer or other person that stores
or treats the hazardous secondary material (or designate) whose
decision it was that repair could not be effected without a hazardous
secondary material management unit shutdown.
    (9) The expected date of successful repair of the leak if a leak is
not repaired within 15 calendar days.
    (10) The date of successful repair of the leak.
    (e) Design documentation and monitoring, operating, and inspection
information for each closed-vent system and control device required to
comply with the provisions of Sec.  261.1060 shall be recorded and kept
up-to-date at the facility as specified in Sec.  261.1035(c). Design
documentation is specified in Sec.  261.1035(c)(1) and (2) and
monitoring, operating, and inspection information in Sec.
261.1035(c)(3) through (8).
    (f) For a control device other than a thermal vapor incinerator,
catalytic vapor incinerator, flare, boiler, process heater, condenser,
or carbon adsorption system, the Regional Administrator will specify
the appropriate recordkeeping requirements.
    (g) The following information pertaining to all equipment subject
to the requirements in Sec. Sec.  261.1052 through 261.1060 shall be
recorded in a log that is kept at the facility:
    (1) A list of identification numbers for equipment (except welded
fittings) subject to the requirements of this subpart.
    (2)(i) A list of identification numbers for equipment that the
remanufacturer or other person that stores or treats the hazardous
secondary material elects to designate for no detectable emissions, as
indicated by an instrument reading of less than 500 ppm above
background, under the provisions of Sec. Sec.  261.1052(e),
261.1053(i), and 261.1057(f).
    (ii) The designation of this equipment as subject to the
requirements of Sec. Sec.  261.1052(e), 261.1053(i), or 261.1057(f)
shall be signed by the remanufacturer or other person that stores or
treats the hazardous secondary material.
    (3) A list of equipment identification numbers for pressure relief
devices required to comply with Sec.  261.1054(a).
    (4)(i) The dates of each compliance test required in Sec. Sec.
261.1052(e), 261.1053(i), 261.1054, and 261.1057(f).
    (ii) The background level measured during each compliance test.
    (iii) The maximum instrument reading measured at the equipment
during each compliance test.
    (5) A list of identification numbers for equipment in vacuum
service.
    (6) Identification, either by list or location (area or group) of
equipment that contains or contacts hazardous secondary material with
an organic concentration of at least 10 percent by weight for less than
300 hours per calendar year.
    (h) The following information pertaining to all valves subject to
the requirements of Sec.  261.1057(g) and (h) shall be recorded in a
log that is kept at the facility:
    (1) 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.
    (2) 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.
    (i) The following information shall be recorded in a log that is
kept at the facility for valves complying with Sec.  261.1062:
    (1) A schedule of monitoring.

    (2) The percent of valves found leaking during each monitoring
period.
    (j) The following information shall be recorded in a log that is
kept at in the facility:
    (1) Criteria required in Sec. Sec.  261.1052(d)(5)(ii) and
261.1053(e)(2) and an explanation of the design criteria.
    (2) Any changes to these criteria and the reasons for the changes.
    (k) The following information shall be recorded in a log that is
kept at the facility for use in determining exemptions as provided in
the applicability section of this subpart and other specific subparts:
    (1) An analysis determining the design capacity of the hazardous
secondary material management unit.
    (2) A statement listing the hazardous secondary material influent
to and effluent from each hazardous secondary material management unit
subject to the requirements in Sec. Sec.  261.1052 through 261.1060 and
an analysis determining whether these hazardous secondary materials are
heavy liquids.
    (3) An up-to-date analysis and the supporting information and data
used to determine whether or not equipment is subject to the
requirements in Sec. Sec.  261.1052 through 261.1060. The record shall
include supporting documentation as required by Sec.  261.1063(d)(3)
when application of the knowledge of the nature of the hazardous
secondary material stream or the process by which it was produced is
used. If the remanufacturer or other person that stores or treats the
hazardous secondary material takes any action (e.g., changing the
process that produced the material) that could result in an increase in
the total organic content of the material contained in or contacted by
equipment determined not to be subject to the requirements in
Sec. Sec.  261.1052 through 261.1060, then a new determination is
required.
    (l) Records of the equipment leak information required by paragraph
(d) of this section and the operating information required by paragraph
(e) of this section need be kept only three years.
    (m) The remanufacturer or other person that stores or treats the
hazardous secondary material at a facility with equipment that is
subject to this subpart and to regulations at 40 CFR part 60, part 61,
or part 63 may elect to determine compliance with this subpart either
by documentation pursuant to Sec.  261.1064 of this subpart, or by
documentation of compliance with the regulations at 40 CFR part 60,
part 61, or part 63 pursuant to the relevant provisions of the
regulations at 40 part 60, part 61, or part 63. The documentation of
compliance under regulations at 40 CFR part 60, part 61, or part 63
shall be kept with or made readily available at the facility.

Sec. Sec.  261.1065-261.1079  [Reserved]

Subpart CC--Air Emission Standards for Tanks and Containers

Sec.  261.1080  Applicability.

    (a) The regulations in this subpart apply to tanks and containers
that contain hazardous secondary materials excluded under the
remanufacturing exclusion at Sec.  261.4(a)(27), unless the tanks and
containers are equipped with and operating air emission controls in
accordance with the requirements of an applicable Clean Air Act
regulations codified under 40 CFR part 60, part 61, or part 63.
    (b) [Reserved]

Sec.  261.1081  Definitions.

    As used in this subpart, all terms not defined herein shall have
the meaning given to them in the Resource Conservation and Recovery Act
and parts 260 through 266 of this chapter.
    Average volatile organic concentration or average VO concentration
means the mass-weighted average volatile organic concentration of a
hazardous secondary material as determined in accordance with the
requirements of Sec.  261.1084 of this subpart.
    Closure device means a cap, hatch, lid, plug, seal, valve, or other
type of fitting that blocks an opening in a cover such that when the
device is secured in the closed position it prevents or reduces air
pollutant emissions to the atmosphere. Closure devices include devices
that are detachable from the cover (e.g., a sampling port cap),
manually operated (e.g., a hinged access lid or hatch), or
automatically operated (e.g., a spring-loaded pressure relief valve).
    Continuous seal means a seal that forms a continuous closure that
completely covers the space between the edge of the floating roof and
the wall of a tank. A continuous seal may be a vapor-mounted seal,
liquid-mounted seal, or metallic shoe seal. A continuous seal may be
constructed of fastened segments so as to form a continuous seal.
    Cover means a device that provides a continuous barrier over the
hazardous secondary material managed in a unit to prevent or reduce air
pollutant emissions to the atmosphere. A cover may have openings (such
as access hatches, sampling ports, gauge wells) that are necessary for
operation, inspection, maintenance, and repair of the unit on which the
cover is used. A cover may be a separate piece of equipment which can
be detached and removed from the unit or a cover may be formed by
structural features permanently integrated into the design of the unit.
    Empty hazardous secondary material container means:
    (1) A container from which all hazardous secondary materials have
been removed that can be removed using the practices commonly employed
to remove materials from that type of container, e.g., pouring,
pumping, and aspirating, and no more than 2.5 centimeters (one inch) of
residue remain on the bottom of the container or inner liner;
    (2) A container that is less than or equal to 119 gallons in size
and no more than 3 percent by weight of the total capacity of the
container remains in the container or inner liner; or
    (3) A container that is greater than 119 gallons in size and no
more than 0.3 percent by weight of the total capacity of the container
remains in the container or inner liner.
    Enclosure means a structure that surrounds a tank or container,
captures organic vapors emitted from the tank or container, and vents
the captured vapors through a closed-vent system to a control device.
    External floating roof means a pontoon-type or double-deck type
cover that rests on the surface of the material managed in a tank with
no fixed roof.
    Fixed roof means a cover that is mounted on a unit in a stationary
position and does not move with fluctuations in the level of the
material managed in the unit.
    Floating membrane cover means a cover consisting of a synthetic
flexible membrane material that rests upon and is supported by the
hazardous secondary material being managed in a surface impoundment.
    Floating roof means a cover consisting of a double deck, pontoon
single deck, or internal floating cover which rests upon and is
supported by the material being contained, and is equipped with a
continuous seal.
    Hard-piping means pipe or tubing that is manufactured and properly
installed in accordance with relevant standards and good engineering
practices.
    In light material service means the container is used to manage a
material for which both of the following conditions apply: The vapor
pressure of one or more of the organic constituents in the material is
greater than 0.3 kilopascals (kPa) at 20 [deg]C; and the total
concentration of the pure organic

constituents having a vapor pressure greater than 0.3 kPa at 20 [deg]C
is equal to or greater than 20 percent by weight.
    Internal floating roof means a cover that rests or floats on the
material surface (but not necessarily in complete contact with it)
inside a tank that has a fixed roof.
    Liquid-mounted seal means a foam or liquid-filled primary seal
mounted in contact with the hazardous secondary material between the
tank wall and the floating roof continuously around the circumference
of the tank.
    Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, process
equipment, or a process to operate in a normal or usual manner.
Failures that are caused in part by poor maintenance or careless
operation are not malfunctions.
    Material determination means performing all applicable procedures
in accordance with the requirements of Sec.  261.1084 of this subpart
to determine whether a hazardous secondary material meets standards
specified in this subpart. Examples of a material determination include
performing the procedures in accordance with the requirements of Sec.
261.1084 of this subpart to determine the average VO concentration of a
hazardous secondary material at the point of material origination; the
average VO concentration of a hazardous secondary material at the point
of material treatment and comparing the results to the exit
concentration limit specified for the process used to treat the
hazardous secondary material; the organic reduction efficiency and the
organic biodegradation efficiency for a biological process used to
treat a hazardous secondary material and comparing the results to the
applicable standards; or the maximum volatile organic vapor pressure
for a hazardous secondary material in a tank and comparing the results
to the applicable standards.
    Maximum organic vapor pressure means the sum of the individual
organic constituent partial pressures exerted by the material contained
in a tank, at the maximum vapor pressure-causing conditions (i.e.,
temperature, agitation, pH effects of combining materials, etc.)
reasonably expected to occur in the tank. For the purpose of this
subpart, maximum organic vapor pressure is determined using the
procedures specified in Sec.  261.1084(c) of this subpart.
    Metallic shoe seal means a continuous seal that is constructed of
metal sheets which are held vertically against the wall of the tank by
springs, weighted levers, or other mechanisms and is connected to the
floating roof by braces or other means. A flexible coated fabric
(envelope) spans the annular space between the metal sheet and the
floating roof.
    No detectable organic emissions means no escape of organics to the
atmosphere as determined using the procedure specified in Sec.
261.1084(d) of this subpart.
    Point of material origination means as follows:
    (1) When the remanufacturer or other person that stores or treats
the hazardous secondary material is the generator of the hazardous
secondary material, the point of material origination means the point
where a material produced by a system, process, or material management
unit is determined to be a hazardous secondary material excluded under
Sec.  261.4(a)(27).
    Note to paragraph (1) of the definition of Point of material
origination: In this case, this term is being used in a manner similar
to the use of the term ``point of generation'' in air standards
established under authority of the Clean Air Act in 40 CFR parts 60,
61, and 63.
    (2) When the remanufacturer or other person that stores or treats
the hazardous secondary material is not the generator of the hazardous
secondary material, point of material origination means the point where
the remanufacturer or other person that stores or treats the hazardous
secondary material accepts delivery or takes possession of the
hazardous secondary material.
    Safety device means a closure device such as a pressure relief
valve, frangible disc, fusible plug, or any other type of device which
functions exclusively to prevent physical damage or permanent
deformation to a unit or its air emission control equipment by venting
gases or vapors directly to the atmosphere during unsafe conditions
resulting from an unplanned, accidental, or emergency event. For the
purpose of this subpart, a safety device is not used for routine
venting of gases or vapors from the vapor headspace underneath a cover
such as during filling of the unit or to adjust the pressure in this
vapor headspace in response to normal daily diurnal ambient temperature
fluctuations. A safety device is designed to remain in a closed
position during normal operations and open only when the internal
pressure, or another relevant parameter, exceeds the device threshold
setting applicable to the air emission control equipment as determined
by the remanufacturer or other person that stores or treats the
hazardous secondary material based on 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.
    Single-seal system means a floating roof having one continuous
seal. This seal may be vapor-mounted, liquid-mounted, or a metallic
shoe seal.
    Vapor-mounted seal means a continuous seal that is mounted such
that there is a vapor space between the hazardous secondary material in
the unit and the bottom of the seal.
    Volatile organic concentration or VO concentration means the
fraction by weight of the volatile organic compounds contained in a
hazardous secondary material expressed in terms of parts per million
(ppmw) as determined by direct measurement or by knowledge of the
material in accordance with the requirements of Sec.  261.1084 of this
subpart. For the purpose of determining the VO concentration of a
hazardous secondary material, organic compounds with a Henry's law
constant value of 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/m\3\) at 25 degrees
Celsius must be included.

Sec.  261.1082  Standards: General.

    (a) This section applies to the management of hazardous secondary
material in tanks and containers subject to this subpart.
    (b) The remanufacturer or other person that stores or treats the
hazardous secondary material shall control air pollutant emissions from
each hazardous secondary material management unit in accordance with
standards specified in Sec. Sec.  261.1084 through 261.1087 of this
subpart, as applicable to the hazardous secondary material management
unit, except as provided for in paragraph (c) of this section.
    (c) A tank or container is exempt from standards specified in
Sec. Sec.  261.1084 through 261.1087 of this subpart, as applicable,
provided that the hazardous secondary material management unit is a
tank or container for which all hazardous secondary material entering
the unit has an average VO concentration at the point of material
origination of less than 500 parts per million by weight (ppmw). The
average VO concentration shall be determined using the procedures
specified in Sec.  261.1083(a) of this subpart. The remanufacturer or
other person that stores or treats the hazardous secondary

material shall review and update, as necessary, this determination at
least once every 12 months following the date of the initial
determination for the hazardous secondary material streams entering the
unit.

Sec.  261.1083  Material determination procedures.

    (a) Material determination procedure to determine average volatile
organic (VO) concentration of a hazardous secondary material at the
point of material origination. (1) Determining average VO concentration
at the point of material origination. A remanufacturer or other person
that stores or treats the hazardous secondary material shall determine
the average VO concentration at the point of material origination for
each hazardous secondary material placed in a hazardous secondary
material management unit exempted under the provisions of Sec.
261.1082(c)(1) of this subpart from using air emission controls in
accordance with standards specified in Sec. Sec.  261.1084 through
261.1087 of this subpart, as applicable to the hazardous secondary
material management unit.
    (i) An initial determination of the average VO concentration of the
material stream shall be made before the first time any portion of the
material in the hazardous secondary material stream is placed in a
hazardous secondary material management unit exempted under the
provisions of Sec.  261.1082(c)(1) of this subpart from using air
emission controls, and thereafter an initial determination of the
average VO concentration of the material stream shall be made for each
averaging period that a hazardous secondary material is managed in the
unit; and
    (ii) Perform a new material determination whenever changes to the
source generating the material stream are reasonably likely to cause
the average VO concentration of the hazardous secondary material to
increase to a level that is equal to or greater than the applicable VO
concentration limits specified in Sec.  261.1082 of this subpart.
    (2) Determination of average VO concentration using direct
measurement or knowledge. For a material determination that is required
by paragraph (a)(1) of this section, the average VO concentration of a
hazardous secondary material at the point of material origination shall
be determined using either direct measurement as specified in paragraph
(a)(3) of this section or by knowledge as specified in paragraph (a)(4)
of this section.
    (3) Direct measurement to determine average VO concentration of a
hazardous secondary material at the point of material origination--(i)
Identification. The remanufacturer or other person that stores or
treats the hazardous secondary material shall identify and record in a
log that is kept at the facility the point of material origination for
the hazardous secondary material.
    (ii) Sampling. Samples of the hazardous secondary material stream
shall be collected at the point of material origination in a manner
such that volatilization of organics contained in the material and in
the subsequent sample is minimized and an adequately representative
sample is collected and maintained for analysis by the selected method.
    (A) The averaging period to be used for determining the average VO
concentration for the hazardous secondary material stream on a mass-
weighted average basis shall be designated and recorded. The averaging
period can represent any time interval that the remanufacturer or other
person that stores or treats the hazardous secondary material
determines is appropriate for the hazardous secondary material stream
but shall not exceed 1 year.
    (B) A sufficient number of samples, but no less than four samples,
shall be collected and analyzed for a hazardous secondary material
determination. All of the samples for a given material determination
shall be collected within a one-hour period. The average of the four or
more sample results constitutes a material determination for the
material stream. One or more material determinations may be required to
represent the complete range of material compositions and quantities
that occur during the entire averaging period due to normal variations
in the operating conditions for the source or process generating the
hazardous secondary material stream. Examples of such normal variations
are seasonal variations in material quantity or fluctuations in ambient
temperature.
    (C) All samples shall be collected and handled in accordance with
written procedures prepared by the remanufacturer or other person that
stores or treats the hazardous secondary material and documented in a
site sampling plan. This plan shall describe the procedure by which
representative samples of the hazardous secondary material stream are
collected such that a minimum loss of organics occurs throughout the
sample collection and handling process, and by which sample integrity
is maintained. A copy of the written sampling plan shall be maintained
at the facility. An example of acceptable sample collection and
handling procedures for a total volatile organic constituent
concentration may be found in Method 25D in 40 CFR part 60, appendix A.
    (D) Sufficient information, as specified in the ``site sampling
plan'' required under paragraph (a)(3)(ii)(C) of this section, shall be
prepared and recorded to document the material quantity represented by
the samples and, as applicable, the operating conditions for the source
or process generating the hazardous secondary material represented by
the samples.
    (iii) Analysis. Each collected sample shall be prepared and
analyzed in accordance with Method 25D in 40 CFR part 60, appendix A
for the total concentration of volatile organic constituents, or using
one or more methods when the individual organic compound concentrations
are identified and summed and the summed material concentration
accounts for and reflects all organic compounds in the material with
Henry's law constant values 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 10-6atmospheres/gram-mole/m\3\] at 25
degrees Celsius. At the discretion of the remanufacturer or other
person that stores or treats the hazardous secondary material, the test
data obtained may be adjusted by any appropriate method to discount any
contribution to the total volatile organic concentration that is a
result of including a compound with a Henry's law constant value of
less than 0.1 Y/X at 25 degrees Celsius. To adjust these data, the
measured concentration of each individual chemical constituent
contained in the material is multiplied by the appropriate constituent-
specific adjustment factor (fm25D). If the remanufacturer or
other person that stores or treats the hazardous secondary material
elects to adjust the test data, the adjustment must be made to all
individual chemical constituents with a Henry's law constant value
greater than or equal to 0.1 Y/X at 25 degrees Celsius contained in the
material. Constituent-specific adjustment factors (fm25D)
can be obtained by contacting the Waste and Chemical Processes Group,
Office of Air Quality Planning and Standards, Research Triangle Park,
NC 27711. Other test methods may be used if they meet the requirements
in paragraph (a)(3)(iii)(A) or (B) of this section and provided the
requirement to reflect all organic compounds in the material with
Henry's law constant values greater than or equal to 0.1 Y/X [which can
also be

expressed as 1.8 x 10-6atmospheres/gram-mole/m\3\] at 25
degrees Celsius, is met.
    (A) Any EPA standard method that has been validated in accordance
with ``Alternative Validation Procedure for EPA Waste and Wastewater
Methods,'' 40 CFR part 63, appendix D.
    (B) Any other analysis method that has been validated in accordance
with the procedures specified in Section 5.1 or Section 5.3, and the
corresponding calculations in Section 6.1 or Section 6.3, of Method 301
in 40 CFR part 63, appendix A. The data are acceptable if they meet the
criteria specified in Section 6.1.5 or Section 6.3.3 of Method 301. If
correction is required under section 6.3.3 of Method 301, the data are
acceptable if the correction factor is within the range 0.7 to 1.30.
Other sections of Method 301 are not required.
    (iv) Calculations. (A) The average VO concentration (C) on a mass-
weighted basis shall be calculated by using the results for all
material determinations conducted in accordance with paragraphs
(a)(3)(ii) and (iii) of this section and the following equation:
[GRAPHIC] [TIFF OMITTED] TR13JA15.002

Where:

C = Average VO concentration of the hazardous secondary material at
the point of material origination on a mass-weighted basis, ppmw.
i = Individual material determination ``i'' of the hazardous
secondary material.
n = Total number of material determinations of the hazardous
secondary material conducted for the averaging period (not to exceed
1 year).
Qi = Mass quantity of hazardous secondary material stream
represented by Ci, kg/hr.
QT = Total mass quantity of hazardous secondary material
during the averaging period, kg/hr.
Ci = Measured VO concentration of material determination
``i'' as determined in accordance with the requirements of paragraph
(a)(3)(iii) of this section (i.e. the average of the four or more
samples specified in paragraph (a)(3)(ii)(B) of this section), ppmw.

    (B) For the purpose of determining Ci, for individual
material samples analyzed in accordance with paragraph (a)(3)(iii) of
this section, the remanufacturer or other person that stores or treats
the hazardous secondary material shall account for VO concentrations
determined to be below the limit of detection of the analytical method
by using the following VO concentration:
    (1) If Method 25D in 40 CFR part 60, appendix A is used for the
analysis, one-half the blank value determined in the method at section
4.4 of Method 25D in 40 CFR part 60, appendix A.
    (2) If any other analytical method is used, one-half the sum of the
limits of detection established for each organic constituent in the
material that has a Henry's law constant values 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 10-6atmospheres/gram-
mole/m\3\] at 25 degrees Celsius.
    (4) Use of knowledge by the remanufacturer or other person that
stores or treats the hazardous secondary material to determine average
VO concentration of a hazardous secondary material at the point of
material origination. (i) Documentation shall be prepared that presents
the information used as the basis for the knowledge by the
remanufacturer or other person that stores or treats the hazardous
secondary material of the hazardous secondary material stream's average
VO concentration. Examples of information that may be used as the basis
for knowledge include: Material balances for the source or process
generating the hazardous secondary material stream; constituent-
specific chemical test data for the hazardous secondary material stream
from previous testing that are still applicable to the current material
stream; previous test data for other locations managing the same type
of material stream; or other knowledge based on information included in
shipping papers or material certification notices.
    (ii) If test data are used as the basis for knowledge, then the
remanufacturer or other person that stores or treats the hazardous
secondary material shall document the test method, sampling protocol,
and the means by which sampling variability and analytical variability
are accounted for in the determination of the average VO concentration.
For example, a remanufacturer or other person that stores or treats the
hazardous secondary material may use organic concentration test data
for the hazardous secondary material stream that are validated in
accordance with Method 301 in 40 CFR part 63, appendix A as the basis
for knowledge of the material.
    (iii) A remanufacturer or other person that stores or treats the
hazardous secondary material using chemical constituent-specific
concentration test data as the basis for knowledge of the hazardous
secondary material may adjust the test data to the corresponding
average VO concentration value which would have been obtained had the
material samples been analyzed using Method 25D in 40 CFR part 60,
appendix A. To adjust these data, the measured concentration for each
individual chemical constituent contained in the material is multiplied
by the appropriate constituent-specific adjustment factor
(fm25D).
    (iv) In the event that the Regional Administrator and the
remanufacture or other person that stores or treats the hazardous
secondary material disagree on a determination of the average VO
concentration for a hazardous secondary material stream using
knowledge, then the results from a determination of average VO
concentration using direct measurement as specified in paragraph (a)(3)
of this section shall be used to establish compliance with the
applicable requirements of this subpart. The Regional Administrator may
perform or request that the remanufacturer or other person that stores
or treats the hazardous secondary material perform this determination
using direct measurement. The remanufacturer or other person that
stores or treats the hazardous secondary material may choose one or
more appropriate methods to analyze each collected sample in accordance
with the requirements of paragraph (a)(3)(iii) of this section.
    (b) [Reserved]
    (c) Procedure to determine the maximum organic vapor pressure of a
hazardous secondary material in a tank. (1) A remanufacturer or other
person that stores or treats the hazardous secondary material shall
determine the maximum organic vapor pressure for each hazardous
secondary material placed in a tank using Tank Level 1 controls in
accordance with standards specified in Sec.  261.1084(c) of this
subpart.
    (2) A remanufacturer or other person that stores or treats the
hazardous secondary material shall use either direct measurement as
specified in paragraph (c)(3) of this section or knowledge of the waste
as specified by paragraph (c)(4) of this section to determine the
maximum organic vapor pressure which is representative of the hazardous
secondary material composition stored or treated in the tank.
    (3) Direct measurement to determine the maximum organic vapor
pressure of a hazardous secondary material.
    (i) Sampling. A sufficient number of samples shall be collected to
be representative of the hazardous secondary material contained in the
tank. All samples shall be collected and handled in accordance with
written procedures prepared by the remanufacturer or other person that
stores or treats the hazardous secondary

material and documented in a site sampling plan. This plan shall
describe the procedure by which representative samples of the hazardous
secondary material are collected such that a minimum loss of organics
occurs throughout the sample collection and handling process and by
which sample integrity is maintained. A copy of the written sampling
plan shall be maintained at the facility. An example of acceptable
sample collection and handling procedures may be found in Method 25D in
40 CFR part 60, appendix A.
    (ii) Analysis. Any appropriate one of the following methods may be
used to analyze the samples and compute the maximum organic vapor
pressure of the hazardous secondary material:
    (A) Method 25E in 40 CFR part 60 appendix A;
    (B) Methods described in American Petroleum Institute Publication
2517, Third Edition, February 1989, ``Evaporative Loss from External
Floating-Roof Tanks,'' (incorporated by reference--refer to Sec.
260.11 of this chapter);
    (C) Methods obtained from standard reference texts;
    (D) ASTM Method 2879-92 (incorporated by reference--refer to Sec.
260.11 of this chapter); and
    (E) Any other method approved by the Regional Administrator.
    (4) Use of knowledge to determine the maximum organic vapor
pressure of the hazardous secondary material. Documentation shall be
prepared and recorded that presents the information used as the basis
for the knowledge by the remanufacturer or other person that stores or
treats the hazardous secondary material that the maximum organic vapor
pressure of the hazardous secondary material is less than the maximum
vapor pressure limit listed in Sec.  261.1085(b)(1)(i) of this subpart
for the applicable tank design capacity category. An example of
information that may be used is documentation that the hazardous
secondary material is generated by a process for which at other
locations it previously has been determined by direct measurement that
the hazardous secondary material's waste maximum organic vapor pressure
is less than the maximum vapor pressure limit for the appropriate tank
design capacity category.
    (d) Procedure for determining no detectable organic emissions for
the purpose of complying with this subpart:
    (1) The test shall be conducted in accordance with the procedures
specified in Method 21 of 40 CFR part 60, appendix A. Each potential
leak interface (i.e., a location where organic vapor leakage could
occur) on the cover and associated closure devices shall be checked.
Potential leak interfaces that are associated with covers and closure
devices include, but are not limited to: The interface of the cover and
its foundation mounting; the periphery of any opening on the cover and
its associated closure device; and the sealing seat interface on a
spring-loaded pressure relief valve.
    (2) The test shall be performed when the unit contains a hazardous
secondary material having an organic concentration representative of
the range of concentrations for the hazardous secondary material
expected to be managed in the unit. During the test, the cover and
closure devices shall be secured in the closed position.
    (3) The detection instrument shall meet the performance criteria of
Method 21 of 40 CFR part 60, appendix A, except the instrument response
factor criteria in section 3.1.2(a) of Method 21 shall be for the
average composition of the organic constituents in the hazardous
secondary material placed in the hazardous secondary management unit,
not for each individual organic constituent.
    (4) The detection instrument shall be calibrated before use on each
day of its use by the procedures specified in Method 21 of 40 CFR part
60, appendix A.
    (5) Calibration gases shall be as follows:
    (i) Zero air (less than 10 ppmv hydrocarbon in air), and
    (ii) A mixture of methane or n-hexane and air at a concentration of
approximately, but less than, 10,000 ppmv methane or n-hexane.
    (6) The background level shall be determined according to the
procedures in Method 21 of 40 CFR part 60, appendix A.
    (7) Each potential leak interface shall be checked by traversing
the instrument probe around the potential leak interface as close to
the interface as possible, as described in Method 21 of 40 CFR part 60,
appendix A. In the case when the configuration of the cover or closure
device prevents a complete traverse of the interface, all accessible
portions of the interface shall be sampled. In the case when the
configuration of the closure device prevents any sampling at the
interface and the device is equipped with an enclosed extension or horn
(e.g., some pressure relief devices), the instrument probe inlet shall
be placed at approximately the center of the exhaust area to the
atmosphere.
    (8) The arithmetic difference between the maximum organic
concentration indicated by the instrument and the background level
shall be compared with the value of 500 ppmv except when monitoring a
seal around a rotating shaft that passes through a cover opening, in
which case the comparison shall be as specified in paragraph (d)(9) of
this section. If the difference is less than 500 ppmv, then the
potential leak interface is determined to operate with no detectable
organic emissions.
    (9) For the seals around a rotating shaft that passes through a
cover opening, the arithmetic difference between the maximum organic
concentration indicated by the instrument and the background level
shall be compared with the value of 10,000 ppmw. If the difference is
less than 10,000 ppmw, then the potential leak interface is determined
to operate with no detectable organic emissions.

Sec.  261.1084  Standards: tanks.

    (a) The provisions of this section apply to the control of air
pollutant emissions from tanks for which Sec.  261.1082(b) of this
subpart references the use of this section for such air emission
control.
    (b) The remanufacturer or other person that stores or treats the
hazardous secondary material shall control air pollutant emissions from
each tank subject to this section in accordance with the following
requirements as applicable:
    (1) For a tank that manages hazardous secondary material that meets
all of the conditions specified in paragraphs (b)(1)(i) through (iii)
of this section, the remanufacturer or other person that stores or
treats the hazardous secondary material shall control air pollutant
emissions from the tank in accordance with the Tank Level 1 controls
specified in paragraph (c) of this section or the Tank Level 2 controls
specified in paragraph (d) of this section.
    (i) The hazardous secondary material 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:
    (A) For a tank design capacity equal to or greater than 151 m\3\,
the maximum organic vapor pressure limit for the tank is 5.2 kPa.
    (B) For a tank design capacity equal to or greater than 75 m\3\ but
less than 151 m\3\, the maximum organic vapor pressure limit for the
tank is 27.6 kPa.
    (C) For a tank design capacity less than 75 m\3\, the maximum
organic vapor pressure limit for the tank is 76.6 kPa.
    (ii) The hazardous secondary material in the tank is not heated by
the

remanufacturer or other person that stores or treats the hazardous
secondary material to a temperature that is greater than the
temperature at which the maximum organic vapor pressure of the
hazardous secondary material is determined for the purpose of complying
with paragraph (b)(1)(i) of this section.
    (2) For a tank that manages hazardous secondary material that does
not meet all of the conditions specified in paragraphs (b)(1)(i)
through (iii) of this section, the remanufacturer or other person that
stores or treats the hazardous secondary material shall control air
pollutant emissions from the tank by using Tank Level 2 controls in
accordance with the requirements of paragraph (d) of this section. An
example of tanks required to use Tank Level 2 controls is a tank for
which the hazardous secondary material 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 paragraph (b)(1)(i) of this section.
    (c) Remanufacturers or other persons that store or treats the
hazardous secondary material controlling air pollutant emissions from a
tank using Tank Level 1 controls shall meet the requirements specified
in paragraphs (c)(1) through (4) of this section:
    (1) The remanufacturer or other person that stores or treats that
hazardous secondary material shall determine the maximum organic vapor
pressure for a hazardous secondary material to be managed in the tank
using Tank Level 1 controls before the first time the hazardous
secondary material is placed in the tank. The maximum organic vapor
pressure shall be determined using the procedures specified in Sec.
261.1083(c) of this subpart. Thereafter, the remanufacturer or other
person that stores or treats the hazardous secondary material shall
perform a new determination whenever changes to the hazardous secondary
material 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 paragraph (b)(1)(i) of this
section, as applicable to the tank.
    (2) The tank shall be equipped with a fixed roof designed to meet
the following specifications:
    (i) The fixed roof and its closure devices shall be designed to
form a continuous barrier over the entire surface area of the hazardous
secondary material 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).
    (ii) 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.
    (iii) Each opening in the fixed roof, and any manifold system
associated with the fixed roof, shall be either:
    (A) 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
    (B) 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 secondary material is
managed in the tank, except as provided for in paragraphs
(c)(2)(iii)(B)(1) and (2) of this section.
    (1) During periods when it is necessary to provide access to the
tank for performing the activities of paragraph (c)(2)(iii)(B)(2) of
this section, 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 remanufacturer or other person that stores or
treats the hazardous secondary material shall promptly secure the
closure device in the closed position or reinstall the cover, as
applicable, and resume operation of the control device.
    (2) During periods of routine inspection, maintenance, or other
activities needed for normal operations, and for removal of accumulated
sludge or other residues from the bottom of the tank.
    (iv) The fixed roof and its closure devices shall be made of
suitable materials that will minimize exposure of the hazardous
secondary material 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 secondary material 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.
    (3) Whenever a hazardous secondary material is in the tank, the
fixed roof shall be installed with each closure device secured in the
closed position except as follows:
    (i) Opening of closure devices or removal of the fixed roof is
allowed at the following times:
    (A) 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 remanufacturer or other person that
stores or treats the hazardous secondary material shall promptly secure
the closure device in the closed position or reinstall the cover, as
applicable, to the tank.
    (B) To remove accumulated sludge or other residues from the bottom
of tank.
    (ii) 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 remanufacturer or other person that
stores or treats the hazardous secondary material 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.
    (iii) Opening of a safety device, as defined in Sec.  261.1081, is
allowed at any time conditions require doing so to avoid an unsafe
condition.

    (4) The remanufacturer or other person that stores or treats the
hazardous secondary material shall inspect the air emission control
equipment in accordance with the following requirements.
    (i) The fixed roof and its closure devices shall be visually
inspected by the remanufacturer or other person that stores or treats
the hazardous secondary material 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.
    (ii) The remanufacturer or other person that stores or treats the
hazardous secondary material 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 section. Thereafter, the remanufacturer or
other person that stores or treats the hazardous secondary material
shall perform the inspections at least once every year except under the
special conditions provided for in paragraph (l) of this section.
    (iii) In the event that a defect is detected, the remanufacturer or
other person that stores or treats the hazardous secondary material
shall repair the defect in accordance with the requirements of
paragraph (k) of this section.
    (iv) The remanufacturer or other person that stores or treats the
hazardous secondary material shall maintain a record of the inspection
in accordance with the requirements specified in Sec.  261.1089(b) of
this subpart.
    (d) Remanufacturers or other persons that store or treat the
hazardous secondary material controlling air pollutant emissions from a
tank using Tank Level 2 controls shall use one of the following tanks:
    (1) A fixed-roof tank equipped with an internal floating roof in
accordance with the requirements specified in paragraph (e) of this
section;
    (2) A tank equipped with an external floating roof in accordance
with the requirements specified in paragraph (f) of this section;
    (3) A tank vented through a closed-vent system to a control device
in accordance with the requirements specified in paragraph (g) of this
section;
    (4) A pressure tank designed and operated in accordance with the
requirements specified in paragraph (h) of this section; or
    (5) 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 (i) of this
section.
    (e) The remanufacturer or other person that stores or treats the
hazardous secondary material who controls air pollutant emissions from
a tank using a fixed roof with an internal floating roof shall meet the
requirements specified in paragraphs (e)(1) through (3) of this
section.
    (1) The tank shall be equipped with a fixed roof and an internal
floating roof in accordance with the following requirements:
    (i) 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.
    (ii) 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:
    (A) A single continuous seal that is either a liquid-mounted seal
or a metallic shoe seal, as defined in Sec.  261.1081; or
    (B) Two continuous seals mounted one above the other. The lower
seal may be a vapor-mounted seal.
    (iii) The internal floating roof shall meet the following
specifications:
    (A) 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.
    (B) 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.
    (C) 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.
    (D) Each automatic bleeder vent and rim space vent shall be
gasketed.
    (E) Each penetration of the internal floating roof that allows for
passage of a ladder shall have a gasketed sliding cover.
    (F) 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.
    (2) The remanufacturer or other person that stores or treats the
hazardous secondary material shall operate the tank in accordance with
the following requirements:
    (i) 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.
    (ii) 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.
    (iii) 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.
    (3) The remanufacturer or other person that stores or treats the
hazardous secondary material shall inspect the internal floating roof
in accordance with the procedures specified as follows:
    (i) The floating roof and its closure devices shall be visually
inspected by the remanufacture or other person that stores or treats
the hazardous secondary material 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 secondary material surface
from the atmosphere; or the slotted membrane has more than 10 percent
open area.
    (ii) The remanufacturer or other person that stores or treats the
hazardous secondary material shall inspect the internal floating roof
components as follows except as provided in paragraph (e)(3)(iii) of
this section:
    (A) 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
    (B) 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.
    (iii) As an alternative to performing the inspections specified in
paragraph (e)(3)(ii) of this section for an internal floating roof
equipped with two continuous seals mounted one above the

other, the remanufacturer or other person that stores or treats the
hazardous secondary material 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 five years.
    (iv) Prior to each inspection required by paragraph (e)(3)(ii) or
(iii) of this section, the remanufacturer or other person that stores
or treats the hazardous secondary material shall notify the Regional
Administrator in advance of each inspection to provide the Regional
Administrator with the opportunity to have an observer present during
the inspection. The remanufacturer or other person that stores or
treats the hazardous secondary material shall notify the Regional
Administrator of the date and location of the inspection as follows:
    (A) 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 remanufacturer or other person that stores
or treats the hazardous secondary material so that it is received by
the Regional Administrator at least 30 calendar days before refilling
the tank except when an inspection is not planned as provided for in
paragraph (e)(3)(iv)(B) of this section.
    (B) When a visual inspection is not planned and the remanufacturer
or other person that stores or treats the hazardous secondary material
could not have known about the inspection 30 calendar days before
refilling the tank, the remanufacturer or other person that stores or
treats the hazardous secondary material shall notify the Regional
Administrator as soon as possible, but no later than seven 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 Regional Administrator at least seven calendar days
before refilling the tank.
    (v) In the event that a defect is detected, the remanufacturer or
other person that stores or treats the hazardous secondary material
shall repair the defect in accordance with the requirements of
paragraph (k) of this section.
    (vi) The remanufacturer or other person that stores or treats the
hazardous secondary material shall maintain a record of the inspection
in accordance with the requirements specified in Sec.  261.1089(b) of
this subpart.
    (4) Safety devices, as defined in Sec.  261.1081, may be installed
and operated as necessary on any tank complying with the requirements
of paragraph (e) of this section.
    (f) The remanufacturer or other person that stores or treats the
hazardous secondary material who controls air pollutant emissions from
a tank using an external floating roof shall meet the requirements
specified in paragraphs (f)(1) through (3) of this section.
    (1) The remanufacturer or other person that stores or treats the
hazardous secondary material shall design the external floating roof in
accordance with the following requirements:
    (i) 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.
    (ii) 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.
    (A) The primary seal shall be a liquid-mounted seal or a metallic
shoe seal, as defined in 40 CFR 261.1081. The total area of the gaps
between the tank wall and the primary seal shall not exceed 212 square
centimeters (cm\2\) 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.
    (B) 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 (cm\2\) per
meter of tank diameter, and the width of any portion of these gaps
shall not exceed 1.3 centimeters (cm).
    (iii) The external floating roof shall meet the following
specifications:
    (A) 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.
    (B) 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.
    (C) 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.
    (D) Each automatic bleeder vent and each rim space vent shall be
equipped with a gasket.
    (E) 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.
    (F) Each unslotted and slotted guide pole well shall be equipped
with a gasketed sliding cover or a flexible fabric sleeve seal.
    (G) Each unslotted guide pole shall be equipped with a gasketed cap
on the end of the pole.
    (H) Each slotted guide pole shall be equipped with a gasketed float
or other device which closes off the liquid surface from the
atmosphere.
    (I) Each gauge hatch and each sample well shall be equipped with a
gasketed cover.
    (2) The remanufacturer or other person that stores or treats the
hazardous secondary material shall operate the tank in accordance with
the following requirements:
    (i) 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.
    (ii) 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.
    (iii) Covers on each access hatch and each gauge float well shall
be bolted or fastened when secured in the closed position.
    (iv) 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.
    (v) 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.
    (vi) 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.
    (vii) 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.

    (viii) 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.
    (3) The remanufacturer or other person that stores or treats the
hazardous secondary material shall inspect the external floating roof
in accordance with the procedures specified as follows:
    (i) The remanufacturer or other person that stores or treats the
hazardous secondary material shall measure the external floating roof
seal gaps in accordance with the following requirements:
    (A) The remanufacturer or other person that stores or treats the
hazardous secondary material 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.
    (B) The remanufacturer or other person that stores or treats the
hazardous secondary material 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.
    (C) If a tank ceases to hold hazardous secondary material for a
period of 1 year or more, subsequent introduction of hazardous
secondary material into the tank shall be considered an initial
operation for the purposes of paragraphs (f)(3)(i)(A) and (B) of this
section.
    (D) The remanufacturer or other person that stores or treats the
hazardous secondary material shall determine the total surface area of
gaps in the primary seal and in the secondary seal individually using
the following procedure:
    (1) The seal gap measurements shall be performed at one or more
floating roof levels when the roof is floating off the roof supports.
    (2) 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.
    (3) For a seal gap measured under paragraph (f)(3) of this section,
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.
    (4) 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 paragraph
(f)(1)(ii) of this section.
    (E) In the event that the seal gap measurements do not conform to
the specifications in paragraph (f)(1)(ii) of this section, the
remanufacturer or other person that stores or treats the hazardous
secondary material shall repair the defect in accordance with the
requirements of paragraph (k) of this section.
    (F) The remanufacturer or other person that stores or treats the
hazardous secondary material shall maintain a record of the inspection
in accordance with the requirements specified in Sec.  261.1089(b) of
this subpart.
    (ii) The remanufacturer or other person that stores or treats the
hazardous secondary material shall visually inspect the external
floating roof in accordance with the following requirements:
    (A) The floating roof and its closure devices shall be visually
inspected by the remanufacturer or other person that stores or treats
the hazardous secondary material 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.
    (B) The remanufacturer or other person that stores or treats the
hazardous secondary material 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 section. Thereafter, the
remanufacturer or other person that stores or treats the hazardous
secondary material shall perform the inspections at least once every
year except for the special conditions provided for in paragraph (l) of
this section.
    (C) In the event that a defect is detected, the remanufacturer or
other person that stores or treats the hazardous secondary material
shall repair the defect in accordance with the requirements of
paragraph (k) of this section.
    (D) The remanufacturer or other person that stores or treats the
hazardous secondary material shall maintain a record of the inspection
in accordance with the requirements specified in Sec.  261.1089(b) of
this subpart.
    (iii) Prior to each inspection required by paragraph (f)(3)(i) or
(ii) of this section, the remanufacturer or other person that stores or
treats the hazardous secondary material shall notify the Regional
Administrator in advance of each inspection to provide the Regional
Administrator with the opportunity to have an observer present during
the inspection. The remanufacturer or other person that stores or
treats the hazardous secondary material shall notify the Regional
Administrator of the date and location of the inspection as follows:
    (A) Prior to each inspection to measure external floating roof seal
gaps as required under paragraph (f)(3)(i) of this section, written
notification shall be prepared and sent by the remanufacturer or other
person that stores or treats the hazardous secondary material so that
it is received by the Regional Administrator at least 30 calendar days
before the date the measurements are scheduled to be performed.
    (B) 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 remanufacturer or other person that stores
or treats the hazardous secondary material so that it is received by
the Regional Administrator at least 30 calendar days before refilling
the tank except when an inspection is not planned as provided for in
paragraph (f)(3)(iii)(C) of this section.
    (C) When a visual inspection is not planned and the remanufacturer
or other person that stores or treats the hazardous secondary material
could not have known about the inspection 30 calendar days before
refilling the tank, the owner or operator shall notify the Regional
Administrator as soon as possible, but no later than seven 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 Regional Administrator

at least seven calendar days before refilling the tank.
    (4) Safety devices, as defined in Sec.  261.1081, may be installed
and operated as necessary on any tank complying with the requirements
of paragraph (f) of this section.
    (g) The remanufacturer or other person that stores or treats the
hazardous secondary material who controls air pollutant emissions from
a tank by venting the tank to a control device shall meet the
requirements specified in paragraphs (g)(1) through (3) of this
section.
    (1) 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:
    (i) 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.
    (ii) 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.
    (iii) The fixed roof and its closure devices shall be made of
suitable materials that will minimize exposure of the hazardous
secondary material 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.
    (iv) The closed-vent system and control device shall be designed
and operated in accordance with the requirements of Sec.  261.1087 of
this subpart.
    (2) Whenever a hazardous secondary material 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:
    (i) 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:
    (A) 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 remanufacturer or other person that
stores or treats the hazardous secondary material shall promptly secure
the closure device in the closed position or reinstall the cover, as
applicable, to the tank.
    (B) To remove accumulated sludge or other residues from the bottom
of a tank.
    (ii) Opening of a safety device, as defined in Sec.  261.1081, is
allowed at any time conditions require doing so to avoid an unsafe
condition.
    (3) The remanufacturer or other person that stores or treats the
hazardous secondary material shall inspect and monitor the air emission
control equipment in accordance with the following procedures:
    (i) The fixed roof and its closure devices shall be visually
inspected by the remanufacturer or other person that stores or treats
the hazardous secondary material 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.
    (ii) The closed-vent system and control device shall be inspected
and monitored by the remanufacturer or other person that stores or
treats the hazardous secondary material in accordance with the
procedures specified in Sec.  261.1087 of this subpart.
    (iii) The remanufacturer or other person that stores or treats the
hazardous secondary material shall perform an initial inspection of the
air emission control equipment on or before the date that the tank
becomes subject to this section. Thereafter, the remanufacturer or
other person that stores or treats the hazardous secondary material
shall perform the inspections at least once every year except for the
special conditions provided for in paragraph (l) of this section.
    (iv) In the event that a defect is detected, the remanufacture or
other person that stores or treats the hazardous secondary material
shall repair the defect in accordance with the requirements of
paragraph (k) of this section.
    (v) The remanufacturer or other person that stores or treats the
hazardous secondary material shall maintain a record of the inspection
in accordance with the requirements specified in Sec.  261.1089(b) of
this subpart.
    (h) The remanufacturer or other person that stores or treats the
hazardous secondary material who controls air pollutant emissions by
using a pressure tank shall meet the following requirements.
    (1) 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.
    (2) All tank openings shall be equipped with closure devices
designed to operate with no detectable organic emissions as determined
using the procedure specified in Sec.  261.1083(d) of this subpart.
    (3) Whenever a hazardous secondary material is in the tank, the
tank shall be operated as a closed system that does not vent to the
atmosphere except under either or the following conditions as specified
in paragraph (h)(3)(i) or (h)(3)(ii) of this section.
    (i) At those times when opening of a safety device, as defined in
Sec.  261.1081 of this subpart, is required to avoid an unsafe
condition.
    (ii) 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 Sec.  261.1087 of this subpart.
    (i) The remanufacturer or other person that stores or treats the
hazardous secondary material 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
paragraphs (i)(1) through (4) of this section.
    (1) 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. 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 remanufacturer or
other person that stores or treats the hazardous secondary material
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.
    (2) 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 Sec.  261.1087 of this subpart.
    (3) Safety devices, as defined in Sec.  261.1081, may be installed
and operated as necessary on any enclosure, closed-vent system, or
control device used to comply with the requirements of paragraphs
(i)(1) and (2) of this section.
    (4) The remanufacturer or other person that stores or treats the
hazardous secondary material shall inspect and monitor the closed-vent
system and control device as specified in Sec.  261.1087 of this
subpart.
    (j) The remanufacturer or other person that stores or treats the
hazardous secondary material shall transfer hazardous secondary
material to a tank subject to this section in accordance with the
following requirements:
    (1) Transfer of hazardous secondary material, except as provided in
paragraph (j)(2) of this section, to the tank from another tank subject
to this section shall be conducted using continuous hard-piping or
another closed system that does not allow exposure of the hazardous
secondary material 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.
    (2) The requirements of paragraph (j)(1) of this section do not
apply when transferring a hazardous secondary material to the tank
under any of the following conditions:
    (i) The hazardous secondary material meets the average VO
concentration conditions specified in Sec.  261.1082(c)(1) of this
subpart at the point of material origination.
    (ii) The hazardous secondary material has been treated by an
organic destruction or removal process to meet the requirements in
Sec.  261.1082(c)(2) of this subpart.
    (iii) The hazardous secondary material meets the requirements of
Sec.  261.1082(c)(4) of this subpart.
    (k) The remanufacturer or other person that stores or treats the
hazardous secondary material shall repair each defect detected during
an inspection performed in accordance with the requirements of
paragraph (c)(4), (e)(3), (f)(3), or (g)(3) of this section as follows:
    (1) The remanufacturer or other person that stores or treats the
hazardous secondary material 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 paragraph (k)(2) of this section.
    (2) Repair of a defect may be delayed beyond 45 calendar days if
the remanufacturer or other person that stores or treats the hazardous
secondary material 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 secondary material normally managed in the tank. In this
case, the remanufacturer or other person that stores or treats the
hazardous secondary material shall repair the defect the next time the
process or unit that is generating the hazardous secondary material
managed in the tank stops operation. Repair of the defect shall be
completed before the process or unit resumes operation.
    (l) Following the initial inspection and monitoring of the cover as
required by the applicable provisions of this subpart, subsequent
inspection and monitoring may be performed at intervals longer than 1
year under the following special conditions:
    (1) In the case when inspecting or monitoring the cover would
expose a worker to dangerous, hazardous, or other unsafe conditions,
then the remanufacturer or other person that stores or treats the
hazardous secondary material may designate a 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
section of this subpart, as frequently as practicable during those
times when a worker can safely access the cover.
    (2) In the case when a tank is buried partially or entirely
underground, a remanufacturer or other person that stores or treats the
hazardous secondary material is required to inspect and monitor, as
required by the applicable provisions of this section, 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.

Sec.  261.1085  [Reserved]

Sec.  261.1086  Standards: containers.

    (a) Applicability. The provisions of this section apply to the
control of air pollutant emissions from containers for which Sec.
261.1082(b) of this subpart references the use of this section for such
air emission control.
    (b) General requirements. (1) The remanufacturer or other person
that stores or treats the hazardous secondary material shall control
air pollutant emissions from each container subject to this section in
accordance with the following requirements, as applicable to the
container.
    (i) For a container having a design capacity greater than 0.1 m\3\
and less than or equal to 0.46 m\3\, the remanufacturer or other person
that stores or treats the hazardous secondary material shall control
air pollutant emissions from the container in accordance with the
Container Level 1 standards specified in paragraph (c) of this section.
    (ii) For a container having a design capacity greater than 0.46
m\3\ that is not in light material service, the remanufacturer or other
person that stores or treats the hazardous secondary material shall
control air pollutant emissions from the container in accordance with
the Container Level 1 standards specified in paragraph (c) of this
section.
    (iii) For a container having a design capacity greater than 0.46
m\3\ that is in light material service, the remanufacturer or other
person that stores or treats the hazardous secondary material shall
control air pollutant emissions from the container in accordance with
the Container Level 2 standards specified in paragraph (d) of this
section.
    (2) [Reserved]
    (c) Container Level 1 standards. (1) A container using Container
Level 1 controls is one of the following:
    (i) A container that meets the applicable U.S. Department of
Transportation (DOT) regulations on

packaging hazardous materials for transportation as specified in
paragraph (f) of this section.
    (ii) 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).
    (iii) An open-top container in which an organic-vapor suppressing
barrier is placed on or over the hazardous secondary material in the
container such that no hazardous secondary material is exposed to the
atmosphere. One example of such a barrier is application of a suitable
organic-vapor suppressing foam.
    (2) A container used to meet the requirements of paragraph
(c)(1)(ii) or (iii) of this section shall be equipped with covers and
closure devices, as applicable to the container, that are composed of
suitable materials to minimize exposure of the hazardous secondary
material 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 secondary material or its vapor managed
in the container; the effects of outdoor exposure of the closure device
or cover material to wind, moisture, and sunlight; and the operating
practices for which the container is intended to be used.
    (3) Whenever a hazardous secondary material is in a container using
Container Level 1 controls, the remanufacturer or other person that
stores or treats the hazardous secondary material 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:
    (i) Opening of a closure device or cover is allowed for the purpose
of adding hazardous secondary material or other material to the
container as follows:
    (A) In the case when the container is filled to the intended final
level in one continuous operation, the remanufacturer or other person
that stores or treats the hazardous secondary material 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.
    (B) In the case when discrete quantities or batches of material
intermittently are added to the container over a period of time, the
remanufacturer or other person that stores or treats the hazardous
secondary material 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 hazardous secondary material
being added to the container, whichever condition occurs first.
    (ii) Opening of a closure device or cover is allowed for the
purpose of removing hazardous secondary material from the container as
follows:
    (A) For the purpose of meeting the requirements of this section, an
empty hazardous secondary material container may be open to the
atmosphere at any time (i.e., covers and closure devices on such a
container are not required to be secured in the closed position).
    (B) In the case when discrete quantities or batches of material are
removed from the container, but the container is not an empty hazardous
secondary material container, the remanufacturer or other person that
stores or treats the hazardous secondary material 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.
    (iii) 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 secondary material. 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 remanufacturer or other
person that stores or treats the hazardous secondary material shall
promptly secure the closure device in the closed position or reinstall
the cover, as applicable to the container.
    (iv) 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
remanufacturer or other persons that stores or treats the hazardous
secondary material 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.
    (v) Opening of a safety device, as defined in 40 CFR 261.1081, is
allowed at any time conditions require doing so to avoid an unsafe
condition.
    (4) The remanufacturer or other person that stores or treats the
hazardous secondary material using containers with Container Level 1
controls shall inspect the containers and their covers and closure
devices as follows:
    (i) In the case when a hazardous secondary material already is in
the container at the time the remanufacturer or other person that
stores or treats the hazardous secondary material first accepts
possession of the container at the facility and the container is not
emptied within 24 hours after the container is accepted at the facility
(i.e., is not an empty hazardous secondary material container) the
remanufacturer or other person that stores or treats the hazardous
secondary material 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
subpart CC container standards).
    (ii) In the case when a container used for managing hazardous
secondary material remains at the facility for a period of 1 year or
more, the remanufacturer or other person that stores or treats the
hazardous secondary material 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 remanufacturer or other person that stores or treats the
hazardous secondary material shall repair the defect in accordance with
the requirements of paragraph (c)(4)(iii) of this section.
    (iii) When a defect is detected for the container, cover, or
closure devices, the remanufacturer or other person that stores or
treats the hazardous secondary material 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 secondary material shall be removed
from the container and the container shall not be used to manage
hazardous secondary material until the defect is repaired.
    (5) The remanufacturer or other person that stores or treats the
hazardous secondary material shall maintain at the facility a copy of
the procedure used to determine that containers with capacity of 0.46
m\3\ or greater, which do not meet applicable DOT regulations as
specified in paragraph (f) of this section, are not managing hazardous
secondary material in light material service.
    (d) Container Level 2 standards. (1) A container using Container
Level 2 controls is one of the following:
    (i) A container that meets the applicable U.S. Department of
Transportation (DOT) regulations on packaging hazardous materials for
transportation as specified in paragraph (f) of this section.
    (ii) A container that operates with no detectable organic emissions
as defined in Sec.  261.1081 and determined in accordance with the
procedure specified in paragraph (g) of this section.
    (iii) A container that has been demonstrated within the preceding
12 months to be vapor-tight by using 40 CFR part 60, appendix A, Method
27 in accordance with the procedure specified in paragraph (h) of this
section.
    (2) Transfer of hazardous secondary material 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 secondary material to
the atmosphere, to the extent practical, considering the physical
properties of the hazardous secondary material and good engineering and
safety practices for handling flammable, ignitable, explosive,
reactive, or other hazardous materials. Examples of container loading
procedures that the EPA considers to meet the requirements of this
paragraph include using any one of the following: a submerged-fill pipe
or other submerged-fill method to load liquids into the container; a
vapor-balancing system or a vapor-recovery system to collect and
control the vapors displaced from the container during filling
operations; or a fitted opening in the top of a container through which
the hazardous secondary material is filled and subsequently purging the
transfer line before removing it from the container opening.
    (3) Whenever a hazardous secondary material is in a container using
Container Level 2 controls, the remanufacturer or other person that
stores or treats the hazardous secondary material shall install all
covers and closure devices for the container, and secure and maintain
each closure device in the closed position except as follows:
    (i) Opening of a closure device or cover is allowed for the purpose
of adding hazardous secondary material or other material to the
container as follows:
    (A) In the case when the container is filled to the intended final
level in one continuous operation, the remanufacture or other person
that stores or treats the hazardous secondary material 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.
    (B) In the case when discrete quantities or batches of material
intermittently are added to the container over a period of time, the
remanufacturer or other person that stores or treats the hazardous
secondary material 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.
    (ii) Opening of a closure device or cover is allowed for the
purpose of removing hazardous secondary material from the container as
follows:
    (A) For the purpose of meeting the requirements of this section, an
empty hazardous secondary material container 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).
    (B) In the case when discrete quantities or batches of material are
removed from the container, but the container is not an empty hazardous
secondary materials container, the remanufacturer or other person that
stores or treats the hazardous secondary material 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.
    (iii) 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 secondary material. 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 remanufacturer or other
person that stores or treats the hazardous secondary material shall
promptly secure the closure device in the closed position or reinstall
the cover, as applicable to the container.
    (iv) 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 remanufacturer or
other person that stores or treats the hazardous secondary material
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.
    (v) Opening of a safety device, as defined in Sec.  261.1081, is
allowed at any time conditions require doing so to avoid an unsafe
condition.
    (4) The remanufacture or other person that stores or treats the
hazardous secondary material using containers with Container Level 2
controls shall inspect the containers and their covers and closure
devices as follows:
    (i) In the case when a hazardous secondary material already is in
the container at the time the remanufacturer or other person that
stores or treats the hazardous secondary material first accepts
possession of the container at the facility and the container is not
emptied within 24 hours after the container is accepted at the facility
(i.e., is not an empty hazardous secondary material container), the
remanufacturer or other person that stores or treats the hazardous
secondary material 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 subpart CC container standards).
    (ii) In the case when a container used for managing hazardous
secondary material remains at the facility for a period of 1 year or
more, the remanufacturer or other person that stores or treats the
hazardous secondary material 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 remanufacturer or other person that stores or treats the
hazardous secondary material shall repair the defect in accordance with
the requirements of paragraph (d)(4)(iii) of this section.
    (iii) When a defect is detected for the container, cover, or
closure devices, the remanufacturer or other person that stores or
treats the hazardous secondary material 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 secondary material shall be removed
from the container and the container shall not be used to manage
hazardous secondary material until the defect is repaired.
    (e) Container Level 3 standards. (1) A container using Container
Level 3 controls is one of the following:
    (i) A container that is vented directly through a closed-vent
system to a control device in accordance with the requirements of
paragraph (e)(2)(ii) of this section.
    (ii) 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 paragraphs (e)(2)(i) and (ii) of
this section.
    (2) The remanufacturer or other person that stores or treats the
hazardous secondary material shall meet the following requirements, as
applicable to the type of air emission control equipment selected by
the remanufacturer or other person that stores or treats the hazardous
secondary material:
    (i) The container enclosure shall be designed and operated in
accordance with the criteria for a permanent total enclosure as
specified in ``Procedure T--Criteria for and Verification of a
Permanent or Temporary Total Enclosure'' under 40 CFR 52.741, appendix
B. The enclosure may have permanent or temporary openings to allow
worker access; passage of containers through the enclosure by conveyor
or other mechanical means; entry of permanent mechanical or electrical
equipment; or direct airflow into the enclosure. The remanufacturer or
other person that stores or treats the hazardous secondary material
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.
    (ii) The closed-vent system and control device shall be designed
and operated in accordance with the requirements of Sec.  261.1087 of
this subpart.
    (3) Safety devices, as defined in Sec.  261.1081, may be installed
and operated as necessary on any container, enclosure, closed-vent
system, or control device used to comply with the requirements of
paragraph (e)(1) of this section.
    (4) Remanufacturers or other persons that store or treat the
hazardous secondary material using Container Level 3 controls in
accordance with the provisions of this subpart shall inspect and
monitor the closed-vent systems and control devices as specified in
Sec.  261.1087 of this subpart.
    (5) Remanufacturers or other persons that store or treat the
hazardous secondary material that use Container Level 3 controls in
accordance with the provisions of this subpart shall prepare and
maintain the records specified in Sec.  261.1089(d) of this subpart.
    (6) Transfer of hazardous secondary material 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 secondary material to
the atmosphere, to the extent practical, considering the physical
properties of the hazardous secondary material and good engineering and
safety practices for handling flammable, ignitable, explosive,
reactive, or other hazardous materials. Examples of container loading
procedures that the EPA considers to meet the requirements of this
paragraph include using any one of the following: a submerged-fill pipe
or other submerged-fill method to load liquids into the container; a
vapor-balancing system or a vapor-recovery system to collect and
control the vapors displaced from the container during filling
operations; or a fitted opening in the top of a container through which
the hazardous secondary material is filled and subsequently purging the
transfer line before removing it from the container opening.
    (f) For the purpose of compliance with paragraph (c)(1)(i) or
(d)(1)(i) of this section, containers shall be used that meet the
applicable U.S. Department of Transportation (DOT) regulations on
packaging hazardous materials for transportation as follows:
    (1) The container meets the applicable requirements specified in 49
CFR part 178 or part 179.
    (2) Hazardous secondary material is managed in the container in
accordance with the applicable requirements

specified in 49 CFR part 107, subpart B and 49 CFR parts 172, 173, and
180.
    (3) For the purpose of complying with this subpart, no exceptions
to the 49 CFR part 178 or part 179 regulations are allowed.
    (g) To determine compliance with the no detectable organic
emissions requirement of paragraph (d)(1)(ii) of this section, the
procedure specified in Sec.  261.1083(d) of this subpart shall be used.
    (1) Each potential leak interface (i.e., a location where organic
vapor leakage could occur) on the container, its cover, and associated
closure devices, as applicable to the container, shall be checked.
Potential leak interfaces that are associated with containers include,
but are not limited to: the interface of the cover rim and the
container wall; the periphery of any opening on the container or
container cover and its associated closure device; and the sealing seat
interface on a spring-loaded pressure-relief valve.
    (2) The test shall be performed when the container is filled with a
material having a volatile organic concentration representative of the
range of volatile organic concentrations for the hazardous secondary
materials expected to be managed in this type of container. During the
test, the container cover and closure devices shall be secured in the
closed position.
    (h) Procedure for determining a container to be vapor-tight using
Method 27 of 40 CFR part 60, appendix A for the purpose of complying
with paragraph (d)(1)(iii) of this section.
    (1) The test shall be performed in accordance with Method 27 of 40
CFR part 60, appendix A of this chapter.
    (2) A pressure measurement device shall be used that has a
precision of 2.5 mm water and that is capable of measuring
above the pressure at which the container is to be tested for vapor
tightness.
    (3) If the test results determined by Method 27 indicate that the
container sustains a pressure change less than or equal to 750 Pascals
within 5 minutes after it is pressurized to a minimum of 4,500 Pascals,
then the container is determined to be vapor-tight.

Sec.  261.1087  Standards: Closed-vent systems and control devices.

    (a) This section applies to each closed-vent system and control
device installed and operated by the remanufacturer or other person who
stores or treats the hazardous secondary material to control air
emissions in accordance with standards of this subpart.
    (b) The closed-vent system shall meet the following requirements:
    (1) The closed-vent system shall route the gases, vapors, and fumes
emitted from the hazardous secondary material in the hazardous
secondary material management unit to a control device that meets the
requirements specified in paragraph (c) of this section.
    (2) The closed-vent system shall be designed and operated in
accordance with the requirements specified in Sec.  261.1033(k) of this
part.
    (3) In the case when the closed-vent system includes bypass devices
that could be used to divert the gas or vapor stream to the atmosphere
before entering the control device, each bypass device shall be
equipped with either a flow indicator as specified in paragraph
(b)(3)(i) of this section or a seal or locking device as specified in
paragraph (b)(3)(ii) of this section. 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.
    (i) If a flow indicator is used to comply with paragraph (b)(3) of
this section, the indicator shall be installed at the inlet to the
bypass line used to divert gases and vapors from the closed-vent system
to the atmosphere at a point upstream of the control device inlet. For
this paragraph, a flow indicator means a device which indicates the
presence of either gas or vapor flow in the bypass line.
    (ii) If a seal or locking device is used to comply with paragraph
(b)(3) of this section, the device shall be placed on the mechanism by
which the bypass device position is controlled (e.g., valve handle,
damper lever) when the bypass device is in the closed position such
that the bypass device cannot be opened without breaking the seal or
removing the lock. Examples of such devices include, but are not
limited to, a car-seal or a lock-and-key configuration valve. The
remanufacturer or other person that stores or treats the hazardous
secondary material shall visually inspect the seal or closure mechanism
at least once every month to verify that the bypass mechanism is
maintained in the closed position.
    (4) The closed-vent system shall be inspected and monitored by the
remanufacturer or other person that stores or treats the hazardous
secondary material in accordance with the procedure specified in Sec.
261.1033(l).
    (c) The control device shall meet the following requirements:
    (1) The control device shall be one of the following devices:
    (i) 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;
    (ii) An enclosed combustion device designed and operated in
accordance with the requirements of Sec.  261.1033(c) of this part; or
    (iii) A flare designed and operated in accordance with the
requirements of Sec.  261.1033(d) of this part.
    (2) The remanufacturer or other person that stores or treats the
hazardous secondary material who elects to use a closed-vent system and
control device to comply with the requirements of this section shall
comply with the requirements specified in paragraphs (c)(2)(i) through
(vi) of this section.
    (i) Periods of planned routine maintenance of the control device,
during which the control device does not meet the specifications of
paragraph (c)(1)(i), (ii), or (iii) of this section, as applicable,
shall not exceed 240 hours per year.
    (ii) The specifications and requirements in paragraphs (c)(1)(i)
through (iii) of this section for control devices do not apply during
periods of planned routine maintenance.
    (iii) The specifications and requirements in paragraphs (c)(1)(i)
through (iii) of this section for control devices do not apply during a
control device system malfunction.
    (iv) The remanufacturer or other person that stores or treats the
hazardous secondary material shall demonstrate compliance with the
requirements of paragraph (c)(2)(i) of this section (i.e., planned
routine maintenance of a control device, during which the control
device does not meet the specifications of paragraph (c)(1)(i), (ii),
or (iii) of this section, as applicable, shall not exceed 240 hours per
year) by recording the information specified in Sec.  261.1089(e)(1)(v)
of this subpart.
    (v) The remanufacturer or other person that stores or treats the
hazardous secondary material shall correct control device system
malfunctions as soon as practicable after their occurrence in order to
minimize excess emissions of air pollutants.
    (vi) The remanufacturer or other person that stores or treats the
hazardous secondary material 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.
    (3) The remanufacturer or other person that stores or treats the
hazardous secondary material using a carbon adsorption system to comply
with paragraph (c)(1) of this section shall operate and maintain the
control device in accordance with the following requirements:
    (i) 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 Sec.
261.1033(g) or (h) of this part.
    (ii) All carbon that is hazardous waste and that is removed from
the control device shall be managed in accordance with the requirements
of Sec.  261.1033(n), regardless of the average volatile organic
concentration of the carbon.
    (4) A remanufacturer or other person that stores or treats the
hazardous secondary material using a control device other than a
thermal vapor incinerator, flare, boiler, process heater, condenser, or
carbon adsorption system to comply with paragraph (c)(1) of this
section shall operate and maintain the control device in accordance
with the requirements of Sec.  261.1033(j) of this part.
    (5) The remanufacturer or other person that stores or treats the
hazardous secondary material shall demonstrate that a control device
achieves the performance requirements of paragraph (c)(1) of this
section as follows:
    (i) A remanufacturer or other person that stores or treats the
hazardous secondary material shall demonstrate using either a
performance test as specified in paragraph (c)(5)(iii) of this section
or a design analysis as specified in paragraph (c)(5)(iv) of this
section the performance of each control device except for the
following:
    (A) A flare;
    (B) A boiler or process heater with a design heat input capacity of
44 megawatts or greater;
    (C) A boiler or process heater into which the vent stream is
introduced with the primary fuel;
    (ii) A remanufacturer or other person that stores or treats the
hazardous secondary material shall demonstrate the performance of each
flare in accordance with the requirements specified in Sec.
261.1033(e).
    (iii) For a performance test conducted to meet the requirements of
paragraph (c)(5)(i) of this section, the remanufacturer or other person
that stores or treats the hazardous secondary material shall use the
test methods and procedures specified in Sec.  261.1034(c)(1) through
(4).
    (iv) For a design analysis conducted to meet the requirements of
paragraph (c)(5)(i) of this section, the design analysis shall meet the
requirements specified in Sec.  261.1035(b)(4)(iii).
    (v) The remanufacturer or other person that stores or treats the
hazardous secondary material shall demonstrate that a carbon adsorption
system achieves the performance requirements of paragraph (c)(1) of
this section based on the total quantity of organics vented to the
atmosphere from all carbon adsorption system equipment that is used for
organic adsorption, organic desorption or carbon regeneration, organic
recovery, and carbon disposal.
    (6) If the remanufacturer or other person that stores or treats the
hazardous secondary material and the Regional Administrator 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 remanufacturer or other person that
stores or treats the hazardous secondary material in accordance with
the requirements of paragraph (c)(5)(iii) of this section. The Regional
Administrator may choose to have an authorized representative observe
the performance test.
    (7) The closed-vent system and control device shall be inspected
and monitored by the remanufacture or other person that stores or
treats the hazardous secondary material in accordance with the
procedures specified in Sec.  261.1033(f)(2) and (l). The readings from
each monitoring device required by Sec.  261.1033(f)(2) shall be
inspected at least once each operating day to check control device
operation. Any necessary corrective measures shall be immediately
implemented to ensure the control device is operated in compliance with
the requirements of this section.

Sec.  261.1088  Inspection and monitoring requirements.

    (a) The remanufacturer or other person that stores or treats the
hazardous secondary material shall inspect and monitor air emission
control equipment used to comply with this subpart in accordance with
the applicable requirements specified in Sec. Sec.  261.1084 through
261.1087 of this subpart.
    (b) The remanufacture or other person that stores or treats the
hazardous secondary material shall develop and implement a written plan
and schedule to perform the inspections and monitoring required by
paragraph (a) of this section. The remanufacturer or other person that
stores or treats the hazardous secondary material shall keep the plan
and schedule at the facility.

Sec.  261.1089  Recordkeeping requirements.

    (a) Each remanufacturer or other person that stores or treats the
hazardous secondary material subject to requirements of this subpart
shall record and maintain the information specified in paragraphs (b)
through (j) of this section, as applicable to the facility. Except for
air emission control equipment design documentation and information
required by paragraphs (i) and (j) of this section, records required by
this section shall be maintained at the facility for a minimum of 3
years. Air emission control equipment design documentation shall be
maintained at the facility until the air emission control equipment is
replaced or otherwise no longer in service. Information required by
paragraphs (i) and (j) of this section shall be maintained at the
facility for as long as the hazardous secondary material management
unit is not using air emission controls specified in Sec. Sec.
261.1084 through 261.1087 of this subpart in accordance with the
conditions specified in Sec.  261.1080(b)(7) or (d) of this subpart,
respectively.
    (b) The remanufacturer or other person that stores or treats the
hazardous secondary material using a tank with air emission controls in
accordance with the requirements of Sec.  261.1084 of this subpart
shall prepare and maintain records for the tank that include the
following information:
    (1) For each tank using air emission controls in accordance with
the requirements of Sec.  261.1084 of this subpart, the remanufacturer
or other person that stores or treats the hazardous secondary material
shall record:
    (i) A tank identification number (or other unique identification
description as selected by the remanufacturer or other person that
stores or treats the hazardous secondary material).
    (ii) A record for each inspection required by Sec.  261.1084 of
this subpart that includes the following information:
    (A) Date inspection was conducted.
    (B) For each defect detected during the inspection: The location of
the defect, a description of the defect, the date of detection, and
corrective action taken to repair the defect. In the event that repair
of the defect is delayed in accordance with the requirements of Sec.
261.1084 of this subpart, the remanufacturer or other person that
stores or treats the hazardous secondary

material shall also record the reason for the delay and the date that
completion of repair of the defect is expected.
    (2) In addition to the information required by paragraph (b)(1) of