assessment must consider the following:
    (1) Design standard(s), if available, according to which the tank
and ancillary equipment were constructed;
    (2) Hazardous characteristics of the material(s) that have been and
will be handled;
    (3) Existing corrosion protection measures;
    (4) Documented age of the tank system, if available (otherwise, an
estimate of the age); and
    (5) Results of a leak test, internal inspection, or other tank
integrity examination such that:
    (i) For non-enterable underground tanks, the assessment must
include a leak test that is capable of taking into account the effects
of temperature variations, tank end deflection, vapor pockets, and high
water table effects, and
    (ii) For other than non-enterable underground tanks and for
ancillary equipment, this assessment must include either a leak test,
as described above, or other integrity examination that is certified by
a qualified Professional Engineer that addresses cracks, leaks,
corrosion, and erosion.

    Note to paragraph (b)(5)(ii):  The practices described in the
American Petroleum Institute (API) Publication, Guide for Inspection
of Refinery Equipment, Chapter XIII, ``Atmospheric and Low-Pressure
Storage Tanks,'' 4th edition, 1981, may be used, where applicable,
as guidelines in conducting other than a leak test.

    (c) If, as a result of the assessment conducted in accordance with
paragraph (a) of this section, a tank system is found to be leaking or
unfit for use, the remanufacturer or other person that stores or treats
the hazardous secondary material must comply with the requirements of
Sec.  261.196.

Sec.  261.192  [Reserved]

Sec.  261.193  Containment and detection of releases.

    (a) Secondary containment systems must be:
    (1) Designed, installed, and operated to prevent any migration of
materials or accumulated liquid out of the system to the soil, ground
water, or surface water at any time during the use of the tank system;
and
    (2) Capable of detecting and collecting releases and accumulated
liquids until the collected material is removed.

    Note to paragraph (a):  If the collected material is a hazardous
waste under part 261 of this chapter, it is subject to management as
a hazardous waste in accordance with all applicable requirements of
parts 262 through 265, 266, and 268 of this chapter. If the
collected material is discharged through a point source to waters of
the United States, it is subject to the requirements of sections
301, 304, and 402 of the Clean Water Act, as amended. If discharged
to a Publicly Owned Treatment Works (POTW), it is subject to the
requirements of section 307 of the Clean Water Act, as amended. If
the collected material is released to the environment, it may be
subject to the reporting requirements of 40 CFR part 302.

    (b) To meet the requirements of paragraph (a) of this section,
secondary containment systems must be at a minimum:
    (1) Constructed of or lined with materials that are compatible with
the materials(s) to be placed in the tank system and must have
sufficient strength and thickness to prevent failure owing to pressure
gradients (including static head and external hydrological forces),
physical contact with the material to which it is exposed, climatic
conditions, and the stress of daily operation (including stresses from
nearby vehicular traffic);
    (2) Placed on a foundation or base capable of providing support to
the secondary containment system, resistance to pressure gradients
above and below the system, and capable of preventing failure due to
settlement, compression, or uplift;
    (3) Provided with a leak-detection system that is designed and
operated so that it will detect the failure of either the primary or
secondary containment structure or the presence of any release of
hazardous secondary material or accumulated liquid in the secondary
containment system at the earliest practicable time; and
    (4) Sloped or otherwise designed or operated to drain and remove
liquids

resulting from leaks, spills, or precipitation. Spilled or leaked
material and accumulated precipitation must be removed from the
secondary containment system within 24 hours, or in as timely a manner
as is possible to prevent harm to human health and the environment.
    (c) Secondary containment for tanks must include one or more of the
following devices:
    (1) A liner (external to the tank);
    (2) A vault; or
    (3) A double-walled tank.
    (d) In addition to the requirements of paragraphs (a), (b), and (c)
of this section, secondary containment systems must satisfy the
following requirements:
    (1) External liner systems must be:
    (i) Designed or operated to contain 100 percent of the capacity of
the largest tank within its boundary;
    (ii) Designed or operated to prevent run-on or infiltration of
precipitation into the secondary containment system unless the
collection system has sufficient excess capacity to contain run-on or
infiltration. Such additional capacity must be sufficient to contain
precipitation from a 25-year, 24-hour rainfall event.
    (iii) Free of cracks or gaps; and
    (iv) Designed and installed to surround the tank completely and to
cover all surrounding earth likely to come into contact with the
material if the material is released from the tank(s) (i.e., capable of
preventing lateral as well as vertical migration of the material).
    (2) Vault systems must be:
    (i) Designed or operated to contain 100 percent of the capacity of
the largest tank within its boundary;
    (ii) Designed or operated to prevent run-on or infiltration of
precipitation into the secondary containment system unless the
collection system has sufficient excess capacity to contain run-on or
infiltration. Such additional capacity must be sufficient to contain
precipitation from a 25-year, 24-hour rainfall event;
    (iii) Constructed with chemical-resistant water stops in place at
all joints (if any);
    (iv) Provided with an impermeable interior coating or lining that
is compatible with the stored material and that will prevent migration
of material into the concrete;
    (v) Provided with a means to protect against the formation of and
ignition of vapors within the vault, if the material being stored or
treated is ignitable or reactive; and
    (vi) Provided with an exterior moisture barrier or be otherwise
designed or operated to prevent migration of moisture into the vault if
the vault is subject to hydraulic pressure.
    (3) Double-walled tanks must be:
    (i) Designed as an integral structure (i.e., an inner tank
completely enveloped within an outer shell) so that any release from
the inner tank is contained by the outer shell;
    (ii) Protected, if constructed of metal, from both corrosion of the
primary tank interior and of the external surface of the outer shell;
and
    (iii) Provided with a built-in continuous leak detection system
capable of detecting a release within 24 hours, or at the earliest
practicable time.

    Note to paragraph (d)(3): The provisions outlined in the Steel
Tank Institute's (STI) ``Standard for Dual Wall Underground Steel
Storage Tanks'' may be used as guidelines for aspects of the design
of underground steel double-walled tanks.

    (e) [Reserved]
    (f) Ancillary equipment must be provided with secondary containment
(e.g., trench, jacketing, double-walled piping) that meets the
requirements of paragraphs (a) and (b) of this section except for:
    (1) Aboveground piping (exclusive of flanges, joints, valves, and
other connections) that are visually inspected for leaks on a daily
basis;
    (2) Welded flanges, welded joints, and welded connections that are
visually inspected for leaks on a daily basis;
    (3) Sealless or magnetic coupling pumps and sealless valves that
are visually inspected for leaks on a daily basis; and
    (4) Pressurized aboveground piping systems with automatic shut-off
devices (e.g., excess flow check valves, flow metering shutdown
devices, loss of pressure actuated shut-off devices) that are visually
inspected for leaks on a daily basis.

Sec.  261.194  General operating requirements.

    (a) Hazardous secondary materials or treatment reagents must not be
placed in a tank system if they could cause the tank, its ancillary
equipment, or the containment system to rupture, leak, corrode, or
otherwise fail.
    (b) The remanufacturer or other person that stores or treats the
hazardous secondary material must use appropriate controls and
practices to prevent spills and overflows from tank or containment
systems. These include at a minimum:
    (1) Spill prevention controls (e.g., check valves, dry disconnect
couplings);
    (2) Overfill prevention controls (e.g., level sensing devices, high
level alarms, automatic feed cutoff, or bypass to a standby tank); and
    (3) Maintenance of sufficient freeboard in uncovered tanks to
prevent overtopping by wave or wind action or by precipitation.
    (c) The remanufacturer or other person that stores or treats the
hazardous secondary material must comply with the requirements of Sec.
261.196 of this subpart if a leak or spill occurs in the tank system.

Sec.  261.195  [Reserved]

Sec.  261.196  Response to leaks or spills and disposition of leaking
or unfit-for-use tank systems.

    A tank system or secondary containment system from which there has
been a leak or spill, or which is unfit for use, must be removed from
service immediately, and the remanufacturer or other person that stores
or treats the hazardous secondary material must satisfy the following
requirements:
    (a) Cessation of use; prevent flow or addition of materials. The
remanufacturer or other person that stores or treats the hazardous
secondary material must immediately stop the flow of hazardous
secondary material into the tank system or secondary containment system
and inspect the system to determine the cause of the release.
    (b) Removal of material from tank system or secondary containment
system. (1) If the release was from the tank system, the remanufacturer
or other person that stores or treats the hazardous secondary material
must, within 24 hours after detection of the leak or, if the
remanufacturer or other person that stores or treats the hazardous
secondary material demonstrates that it is not possible, at the
earliest practicable time, remove as much of the material as is
necessary to prevent further release of hazardous secondary material to
the environment and to allow inspection and repair of the tank system
to be performed.
    (2) If the material released was to a secondary containment system,
all released materials must be removed within 24 hours or in as timely
a manner as is possible to prevent harm to human health and the
environment.
    (c) Containment of visible releases to the environment. The
remanufacturer or other person that stores or treats the hazardous
secondary material must immediately conduct a visual inspection of the
release and, based upon that inspection:
    (1) Prevent further migration of the leak or spill to soils or
surface water; and

    (2) Remove, and properly dispose of, any visible contamination of
the soil or surface water.
    (d) Notifications, reports. (1) Any release to the environment,
except as provided in paragraph (d)(2) of this section, must be
reported to the Regional Administrator within 24 hours of its
detection. If the release has been reported pursuant to 40 CFR part
302, that report will satisfy this requirement.
    (2) A leak or spill of hazardous secondary material is exempted
from the requirements of this paragraph if it is:
    (i) Less than or equal to a quantity of 1 pound, and
    (ii) Immediately contained and cleaned up.
    (3) Within 30 days of detection of a release to the environment, a
report containing the following information must be submitted to the
Regional Administrator:
    (i) Likely route of migration of the release;
    (ii) Characteristics of the surrounding soil (soil composition,
geology, hydrogeology, climate);
    (iii) Results of any monitoring or sampling conducted in connection
with the release (if available). If sampling or monitoring data
relating to the release are not available within 30 days, these data
must be submitted to the Regional Administrator as soon as they become
available.
    (iv) Proximity to downgradient drinking water, surface water, and
populated areas; and
    (v) Description of response actions taken or planned.
    (e) Provision of secondary containment, repair, or closure. (1)
Unless the remanufacturer or other person that stores or treats the
hazardous secondary material satisfies the requirements of paragraphs
(e)(2) through (4) of this section, the tank system must cease to
operate under the remanufacturing exclusion at 40 CFR 261.4(a)(27).
    (2) If the cause of the release was a spill that has not damaged
the integrity of the system, the remanufacturer or other person that
stores or treats the hazardous secondary material may return the system
to service as soon as the released material is removed and repairs, if
necessary, are made.
    (3) If the cause of the release was a leak from the primary tank
system into the secondary containment system, the system must be
repaired prior to returning the tank system to service.
    (4) If the source of the release was a leak to the environment from
a component of a tank system without secondary containment, the
remanufacturer or other person that stores or treats the hazardous
secondary material must provide the component of the system from which
the leak occurred with secondary containment that satisfies the
requirements of Sec.  261.193 before it can be returned to service,
unless the source of the leak is an aboveground portion of a tank
system that can be inspected visually. If the source is an aboveground
component that can be inspected visually, the component must be
repaired and may be returned to service without secondary containment
as long as the requirements of paragraph (f) of this section are
satisfied. Additionally, if a leak has occurred in any portion of a
tank system component that is not readily accessible for visual
inspection (e.g., the bottom of an inground or onground tank), the
entire component must be provided with secondary containment in
accordance with Sec.  261.193 of this subpart prior to being returned
to use.
    (f) Certification of major repairs. If the remanufacturer or other
person that stores or treats the hazardous secondary material has
repaired a tank system in accordance with paragraph (e) of this
section, and the repair has been extensive (e.g., installation of an
internal liner; repair of a ruptured primary containment or secondary
containment vessel), the tank system must not be returned to service
unless the remanufacturer or other person that stores or treats the
hazardous secondary material has obtained a certification by a
qualified Professional Engineer that the repaired system is capable of
handling hazardous secondary materials without release for the intended
life of the system. This certification must be kept on file at the
facility and maintained until closure of the facility.

    Note 1 to Sec.  261.196: The Regional Administrator may, on the
basis of any information received that there is or has been a
release of hazardous secondary material or hazardous constituents
into the environment, issue an order under RCRA section 7003(a)
requiring corrective action or such other response as deemed
necessary to protect human health or the environment.

    Note 2 to Sec.  261.196: 40 CFR part 302 may require the owner
or operator to notify the National Response Center of certain
releases.

Sec.  261.197  Termination of remanufacturing exclusion.

    Hazardous secondary material stored in units more than 90 days
after the unit ceases to operate under the remanufacturing exclusion at
40 CFR 261.4(a)(27) or otherwise ceases to be operated for
manufacturing, or for storage of a product or a raw material, then
becomes subject to regulation as hazardous waste under parts 261
through 266, 268, 270, 271, and 124 of this chapter, as applicable.

Sec.  261.198  Special requirements for ignitable or reactive
materials.

    (a) Ignitable or reactive material must not be placed in tank
systems, unless the material is stored or treated in such a way that it
is protected from any material or conditions that may cause the
material to ignite or react.
    (b) The remanufacturer or other person that stores or treats
hazardous secondary material which is ignitable or reactive must store
or treat the hazardous secondary material in a tank that is in
compliance with the requirements for the maintenance of protective
distances between the material management area and any public ways,
streets, alleys, or an adjoining property line that can be built upon
as required in Tables 2-1 through 2-6 of the National Fire Protection
Association's ``Flammable and Combustible Liquids Code,'' (1977 or
1981), (incorporated by reference, see Sec.  260.11).

Sec.  261.199  Special requirements for incompatible materials.

    (a) Incompatible materials must not be placed in the same tank
system.
    (b) Hazardous secondary material must not be placed in a tank
system that has not been decontaminated and that previously held an
incompatible material.

Sec.  261.200  Air emission standards.

    The remanufacturer or other person that stores or treats the
hazardous secondary material shall manage all hazardous secondary
material placed in a tank in accordance with the applicable
requirements of subparts AA, BB, and CC of this part.

Subparts K-L [Reserved]

Subpart M--Emergency Preparedness and Response for Management of
Excluded Hazardous Secondary Materials

Sec.  261.400  Applicability.

    The requirements of this subpart apply to those areas of an entity
managing hazardous secondary materials excluded under Sec.
261.4(a)(23) and/or (24) where hazardous secondary materials are
generated or accumulated on site.
    (a) A generator of hazardous secondary material, or an intermediate
or reclamation facility operating under a verified recycler variance
under Sec.  260.31(d), that accumulates 6000 kg or

less of hazardous secondary material at any time must comply with
Sec. Sec.  261.410 and 261.411.
    (b) A generator of hazardous secondary material, or an intermediate
or reclamation facility operating under a verified recycler variance
under Sec.  260.31(d) that accumulates more than 6000 kg of hazardous
secondary material at any time must comply with Sec. Sec.  261.410 and
261.420.

Sec.  261.410  Preparedness and prevention.

    (a) Maintenance and operation of facility. Facilities generating or
accumulating hazardous secondary material must be maintained and
operated to minimize the possibility of a fire, explosion, or any
unplanned sudden or non-sudden release of hazardous secondary materials
or hazardous secondary material constituents to air, soil, or surface
water which could threaten human health or the environment.
    (b) Required equipment. All facilities generating or accumulating
hazardous secondary material must be equipped with the following,
unless none of the hazards posed by hazardous secondary material
handled at the facility could require a particular kind of equipment
specified below:
    (1) An internal communications or alarm system capable of providing
immediate emergency instruction (voice or signal) to facility
personnel;
    (2) A device, such as a telephone (immediately available at the
scene of operations) or a hand-held two-way radio, capable of summoning
emergency assistance from local police departments, fire departments,
or state or local emergency response teams;
    (3) Portable fire extinguishers, fire control equipment (including
special extinguishing equipment, such as that using foam, inert gas, or
dry chemicals), spill control equipment, and decontamination equipment;
and
    (4) Water at adequate volume and pressure to supply water hose
streams, or foam producing equipment, or automatic sprinklers, or water
spray systems.
    (c) Testing and maintenance of equipment. All facility
communications or alarm systems, fire protection equipment, spill
control equipment, and decontamination equipment, where required, must
be tested and maintained as necessary to assure its proper operation in
time of emergency.
    (d) Access to communications or alarm system. (1) Whenever
hazardous secondary material is being poured, mixed, spread, or
otherwise handled, all personnel involved in the operation must have
immediate access to an internal alarm or emergency communication
device, either directly or through visual or voice contact with another
employee, unless such a device is not required under paragraph (b) of
this section.
    (2) If there is ever just one employee on the premises while the
facility is operating, he must have immediate access to a device, such
as a telephone (immediately available at the scene of operation) or a
hand-held two-way radio, capable of summoning external emergency
assistance, unless such a device is not required under paragraph (b) of
this section.
    (e) Required aisle space. The hazardous secondary material
generator or intermediate or reclamation facility operating under a
verified recycler variance under Sec.  260.31(d) must maintain aisle
space to allow the unobstructed movement of personnel, fire protection
equipment, spill control equipment, and decontamination equipment to
any area of facility operation in an emergency, unless aisle space is
not needed for any of these purposes.
    (f) Arrangements with local authorities. (1) The hazardous
secondary material generator or an intermediate or reclamation facility
operating under a verified recycler variance under Sec.  260.31(d) must
attempt to make the following arrangements, as appropriate for the type
of waste handled at his facility and the potential need for the
services of these organizations:
    (i) Arrangements to familiarize police, fire departments, and
emergency response teams with the layout of the facility, properties of
hazardous secondary material handled at the facility and associated
hazards, places where facility personnel would normally be working,
entrances to roads inside the facility, and possible evacuation routes;
    (ii) Where more than one police and fire department might respond
to an emergency, agreements designating primary emergency authority to
a specific police and a specific fire department, and agreements with
any others to provide support to the primary emergency authority;
    (iii) Agreements with state emergency response teams, emergency
response contractors, and equipment suppliers; and
    (iv) Arrangements to familiarize local hospitals with the
properties of hazardous waste handled at the facility and the types of
injuries or illnesses which could result from fires, explosions, or
releases at the facility.
    (2) Where state or local authorities decline to enter into such
arrangements, the hazardous secondary material generator or an
intermediate or reclamation facility operating under a verified
recycler variance under Sec.  260.31(d) must document the refusal in
the operating record.

Sec.  261.411  Emergency procedures for facilities generating or
accumulating 6000 kg or less of hazardous secondary material.

    A generator or an intermediate or reclamation facility operating
under a verified recycler variance under Sec.  260.31(d) that generates
or accumulates 6000 kg or less of hazardous secondary material must
comply with the following requirements:
    (a) At all times there must be at least one employee either on the
premises or on call (i.e., available to respond to an emergency by
reaching the facility within a short period of time) with the
responsibility for coordinating all emergency response measures
specified in paragraph (d) of this section. This employee is the
emergency coordinator.
    (b) The generator or intermediate or reclamation facility operating
under a verified recycler variance under Sec.  260.31(d) must post the
following information next to the telephone:
    (1) The name and telephone number of the emergency coordinator;
    (2) Location of fire extinguishers and spill control material, and,
if present, fire alarm; and
    (3) The telephone number of the fire department, unless the
facility has a direct alarm.
    (c) The generator or an intermediate or reclamation facility
operating under a verified recycler variance under Sec.  260.31(d) must
ensure that all employees are thoroughly familiar with proper waste
handling and emergency procedures, relevant to their responsibilities
during normal facility operations and emergencies;
    (d) The emergency coordinator or his designee must respond to any
emergencies that arise. The applicable responses are as follows:
    (1) In the event of a fire, call the fire department or attempt to
extinguish it using a fire extinguisher;
    (2) In the event of a spill, contain the flow of hazardous waste to
the extent possible, and as soon as is practicable, clean up the
hazardous waste and any contaminated materials or soil;
    (3) In the event of a fire, explosion, or other release which could
threaten human health outside the facility or when the generator or an
intermediate or reclamation facility operating under a verified
recycler variance under

Sec.  260.31(d) has knowledge that a spill has reached surface water,
the generator or an intermediate or reclamation facility operating
under a verified recycler variance under Sec.  260.31(d) must
immediately notify the National Response Center (using their 24-hour
toll free number 800/424-8802). The report must include the following
information:
    (i) The name, address, and U.S. EPA Identification Number of the
facility;
    (ii) Date, time, and type of incident (e.g., spill or fire);
    (iii) Quantity and type of hazardous waste involved in the
incident;
    (iv) Extent of injuries, if any; and
    (v) Estimated quantity and disposition of recovered materials, if
any.

Sec.  261.420  Contingency planning and emergency procedures for
facilities generating or accumulating more than 6000 kg of hazardous
secondary material.

    A generator or an intermediate or reclamation facility operating
under a verified recycler variance under Sec.  260.31(d) that generates
or accumulates more than 6000 kg of hazardous secondary material must
comply with the following requirements:
    (a) Purpose and implementation of contingency plan. (1) Each
generator or an intermediate or reclamation facility operating under a
verified recycler variance under Sec.  260.31(d) that accumulates more
than 6000 kg of hazardous secondary material must have a contingency
plan for his facility. The contingency plan must be designed to
minimize hazards to human health or the environment from fires,
explosions, or any unplanned sudden or non-sudden release of hazardous
secondary material or hazardous secondary material constituents to air,
soil, or surface water.
    (2) The provisions of the plan must be carried out immediately
whenever there is a fire, explosion, or release of hazardous secondary
material or hazardous secondary material constituents which could
threaten human health or the environment.
    (b) Content of contingency plan. (1) The contingency plan must
describe the actions facility personnel must take to comply with
paragraphs (a) and (f) in response to fires, explosions, or any
unplanned sudden or non-sudden release of hazardous secondary material
or hazardous secondary material constituents to air, soil, or surface
water at the facility.
    (2) If the generator or an intermediate or reclamation facility
operating under a verified recycler variance under Sec.  260.31(d)
accumulating more than 6000 kg of hazardous secondary material has
already prepared a Spill Prevention, Control, and Countermeasures
(SPCC) Plan in accordance with part 112 of this chapter, or some other
emergency or contingency plan, he need only amend that plan to
incorporate hazardous waste management provisions that are sufficient
to comply with the requirements of this part. The hazardous secondary
material generator or an intermediate or reclamation facility operating
under a verified recycler variance under Sec.  260.31(d) may develop
one contingency plan which meets all regulatory requirements. EPA
recommends that the plan be based on the National Response Team's
Integrated Contingency Plan Guidance (``One Plan''). When modifications
are made to non-RCRA provisions in an integrated contingency plan, the
changes do not trigger the need for a RCRA permit modification.
    (3) The plan must describe arrangements agreed to by local police
departments, fire departments, hospitals, contractors, and State and
local emergency response teams to coordinate emergency services,
pursuant to Sec.  262.410(f).
    (4) The plan must list names, addresses, and phone numbers (office
and home) of all persons qualified to act as emergency coordinator (see
paragraph (e) of this section), and this list must be kept up-to-date.
Where more than one person is listed, one must be named as primary
emergency coordinator and others must be listed in the order in which
they will assume responsibility as alternates.
    (5) The plan must include a list of all emergency equipment at the
facility (such as fire extinguishing systems, spill control equipment,
communications and alarm systems (internal and external), and
decontamination equipment), where this equipment is required. This list
must be kept up to date. In addition, the plan must include the
location and a physical description of each item on the list, and a
brief outline of its capabilities.
    (6) The plan must include an evacuation plan for facility personnel
where there is a possibility that evacuation could be necessary. This
plan must describe signal(s) to be used to begin evacuation, evacuation
routes, and alternate evacuation routes (in cases where the primary
routes could be blocked by releases of hazardous waste or fires).
    (c) Copies of contingency plan. A copy of the contingency plan and
all revisions to the plan must be:
    (1) Maintained at the facility; and
    (2) Submitted to all local police departments, fire departments,
hospitals, and State and local emergency response teams that may be
called upon to provide emergency services.
    (d) Amendment of contingency plan. The contingency plan must be
reviewed, and immediately amended, if necessary, whenever:
    (1) Applicable regulations are revised;
    (2) The plan fails in an emergency;
    (3) The facility changes--in its design, construction, operation,
maintenance, or other circumstances--in a way that materially increases
the potential for fires, explosions, or releases of hazardous secondary
material or hazardous secondary material constituents, or changes the
response necessary in an emergency;
    (4) The list of emergency coordinators changes; or
    (5) The list of emergency equipment changes.
    (e) Emergency coordinator. At all times, there must be at least one
employee either on the facility premises or on call (i.e., available to
respond to an emergency by reaching the facility within a short period
of time) with the responsibility for coordinating all emergency
response measures. This emergency coordinator must be thoroughly
familiar with all aspects of the facility's contingency plan, all
operations and activities at the facility, the location and
characteristics of waste handled, the location of all records within
the facility, and the facility layout. In addition, this person must
have the authority to commit the resources needed to carry out the
contingency plan. The emergency coordinator's responsibilities are more
fully spelled out in paragraph (f). Applicable responsibilities for the
emergency coordinator vary, depending on factors such as type and
variety of hazardous secondary material(s) handled by the facility, and
type and complexity of the facility.
    (f) Emergency procedures. (1) Whenever there is an imminent or
actual emergency situation, the emergency coordinator (or his designee
when the emergency coordinator is on call) must immediately:
    (i) Activate internal facility alarms or communication systems,
where applicable, to notify all facility personnel; and
    (ii) Notify appropriate State or local agencies with designated
response roles if their help is needed.
    (2) Whenever there is a release, fire, or explosion, the emergency
coordinator must immediately identify the character, exact source,
amount, and

areal extent of any released materials. He may do this by observation
or review of facility records or manifests and, if necessary, by
chemical analysis.
    (3) Concurrently, the emergency coordinator must assess possible
hazards to human health or the environment that may result from the
release, fire, or explosion. This assessment must consider both direct
and indirect effects of the release, fire, or explosion (e.g., the
effects of any toxic, irritating, or asphyxiating gases that are
generated, or the effects of any hazardous surface water run-offs from
water or chemical agents used to control fire and heat-induced
explosions).
    (4) If the emergency coordinator determines that the facility has
had a release, fire, or explosion which could threaten human health, or
the environment, outside the facility, he must report his findings as
follows:
    (i) If his assessment indicates that evacuation of local areas may
be advisable, he must immediately notify appropriate local authorities.
He must be available to help appropriate officials decide whether local
areas should be evacuated; and
    (ii) He must immediately notify either the government official
designated as the on-scene coordinator for that geographical area, or
the National Response Center (using their 24-hour toll free number 800/
424-8802). The report must include:
    (A) Name and telephone number of reporter;
    (B) Name and address of facility;
    (C) Time and type of incident (e.g., release, fire);
    (D) Name and quantity of material(s) involved, to the extent known;
    (E) The extent of injuries, if any; and
    (F) The possible hazards to human health, or the environment,
outside the facility.
    (5) During an emergency, the emergency coordinator must take all
reasonable measures necessary to ensure that fires, explosions, and
releases do not occur, recur, or spread to other hazardous secondary
material at the facility. These measures must include, where
applicable, stopping processes and operations, collecting and
containing released material, and removing or isolating containers.
    (6) If the facility stops operations in response to a fire,
explosion or release, the emergency coordinator must monitor for leaks,
pressure buildup, gas generation, or ruptures in valves, pipes, or
other equipment, wherever this is appropriate.
    (7) Immediately after an emergency, the emergency coordinator must
provide for treating, storing, or disposing of recovered secondary
material, contaminated soil or surface water, or any other material
that results from a release, fire, or explosion at the facility. Unless
the hazardous secondary material generator can demonstrate, in
accordance with Sec.  261.3(c) or (d) of this chapter, that the
recovered material is not a hazardous waste, the owner or operator
becomes a generator of hazardous waste and must manage it in accordance
with all applicable requirements of parts 262, 263, and 265 of this
chapter.
    (8) The emergency coordinator must ensure that, in the affected
area(s) of the facility:
    (i) No secondary material that may be incompatible with the
released material is treated, stored, or disposed of until cleanup
procedures are completed; and
    (ii) All emergency equipment listed in the contingency plan is
cleaned and fit for its intended use before operations are resumed.
    (9) The hazardous secondary material generator must note in the
operating record the time, date, and details of any incident that
requires implementing the contingency plan. Within 15 days after the
incident, he must submit a written report on the incident to the
Regional Administrator. The report must include:
    (i) Name, address, and telephone number of the hazardous secondary
material generator;
    (ii) Name, address, and telephone number of the facility;
    (iii) Date, time, and type of incident (e.g., fire, explosion);
    (iv) Name and quantity of material(s) involved;
    (v) The extent of injuries, if any;
    (vi) An assessment of actual or potential hazards to human health
or the environment, where this is applicable; and
    (vii) Estimated quantity and disposition of recovered material that
resulted from the incident.

Subparts N-Z [Reserved]

Subpart AA--Air Emission Standards for Process Vents

Sec.  261.1030  Applicability.

    The regulations in this subpart apply to process vents associated
with distillation, fractionation, thin-film evaporation, solvent
extraction, or air or stream stripping operations that manage hazardous
secondary materials excluded under the remanufacturing exclusion at
Sec.  261.4(a)(27) with concentrations of at least 10 ppmw, unless the
process vents are equipped with operating air emission controls in
accordance with the requirements of an applicable Clean Air Act
regulation codified under 40 CFR part 60, part 61, or part 63.

Sec.  261.1031  Definitions.

    As used in this subpart, all terms not defined herein shall have
the meaning given them in the Resource Conservation and Recovery Act
and parts 260-266.
    Air stripping operation is a desorption operation employed to
transfer one or more volatile components from a liquid mixture into a
gas (air) either with or without the application of heat to the liquid.
Packed towers, spray towers, and bubble-cap, sieve, or valve-type plate
towers are among the process configurations used for contacting the air
and a liquid.
    Bottoms receiver means a container or tank used to receive and
collect the heavier bottoms fractions of the distillation feed stream
that remain in the liquid phase.
    Closed-vent system means a system that is not open to the
atmosphere and that is composed of piping, connections, and, if
necessary, flow-inducing devices that transport gas or vapor from a
piece or pieces of equipment to a control device.
    Condenser means a heat-transfer device that reduces a thermodynamic
fluid from its vapor phase to its liquid phase.
    Connector means flanged, screwed, welded, or other joined fittings
used to connect two pipelines or a pipeline and a piece of equipment.
For the purposes of reporting and recordkeeping, connector means
flanged fittings that are not covered by insulation or other materials
that prevent location of the fittings.
    Continuous recorder means a data-recording device recording an
instantaneous data value at least once every 15 minutes.
    Control device means an enclosed combustion device, vapor recovery
system, or flare. Any device the primary function of which is the
recovery or capture of solvents or other organics for use, reuse, or
sale (e.g., a primary condenser on a solvent recovery unit) is not a
control device.
    Control device shutdown means the cessation of operation of a
control device for any purpose.
    Distillate receiver means a container or tank used to receive and
collect liquid material (condensed) from the overhead condenser of a
distillation unit and from which the condensed liquid is pumped to
larger storage tanks or other process units.
    Distillation operation means an operation, either batch or
continuous, separating one or more feed stream(s)

into two or more exit streams, each exit stream having component
concentrations different from those in the feed stream(s). The
separation is achieved by the redistribution of the components between
the liquid and vapor phase as they approach equilibrium within the
distillation unit.
    Double block and bleed system means two block valves connected in
series with a bleed valve or line that can vent the line between the
two block valves.
    Equipment means each valve, pump, compressor, pressure relief
device, sampling connection system, open-ended valve or line, or flange
or other connector, and any control devices or systems required by this
subpart.
    Flame zone means the portion of the combustion chamber in a boiler
occupied by the flame envelope.
    Flow indicator means a device that indicates whether gas flow is
present in a vent stream.
    First attempt at repair means to take rapid action for the purpose
of stopping or reducing leakage of organic material to the atmosphere
using best practices.
    Fractionation operation means a distillation operation or method
used to separate a mixture of several volatile components of different
boiling points in successive stages, each stage removing from the
mixture some proportion of one of the components.
    Hazardous secondary material management unit shutdown means a work
practice or operational procedure that stops operation of a hazardous
secondary material management unit or part of a hazardous secondary
material management unit. An unscheduled work practice or operational
procedure that stops operation of a hazardous secondary material
management unit or part of a hazardous secondary material management
unit for less than 24 hours is not a hazardous secondary material
management unit shutdown. The use of spare equipment and technically
feasible bypassing of equipment without stopping operation are not
hazardous secondary material management unit shutdowns.
    Hot well means a container for collecting condensate as in a steam
condenser serving a vacuum-jet or steam-jet ejector.
    In gas/vapor service means that the piece of equipment contains or
contacts a hazardous secondary material stream that is in the gaseous
state at operating conditions.
    In heavy liquid service means that the piece of equipment is not in
gas/vapor service or in light liquid service.
    In light liquid service means that the piece of equipment contains
or contacts a material stream where the vapor pressure of one or more
of the organic components in the stream is greater than 0.3 kilopascals
(kPa) at 20 [deg]C, the total concentration of the pure organic
components having a vapor pressure greater than 0.3 kilopascals (kPa)
at 20 [deg]C is equal to or greater than 20 percent by weight, and the
fluid is a liquid at operating conditions.
    In situ sampling systems means nonextractive samplers or in-line
samplers.
    In vacuum service means that equipment is operating at an internal
pressure that is at least 5 kPa below ambient pressure.
    Malfunction means any sudden failure of a control device or a
hazardous secondary material management unit or failure of a hazardous
secondary material management unit to operate in a normal or usual
manner, so that organic emissions are increased.
    Open-ended valve or line means any valve, except pressure relief
valves, having one side of the valve seat in contact with hazardous
secondary material and one side open to the atmosphere, either directly
or through open piping.
    Pressure release means the emission of materials resulting from the
system pressure being greater than the set pressure of the pressure
relief device.
    Process heater means a device that transfers heat liberated by
burning fuel to fluids contained in tubes, including all fluids except
water that are heated to produce steam.
    Process vent means any open-ended pipe or stack that is vented to
the atmosphere either directly, through a vacuum-producing system, or
through a tank (e.g., distillate receiver, condenser, bottoms receiver,
surge control tank, separator tank, or hot well) associated with
hazardous secondary material distillation, fractionation, thin-film
evaporation, solvent extraction, or air or steam stripping operations.
    Repaired means that equipment is adjusted, or otherwise altered, to
eliminate a leak.
    Sampling connection system means an assembly of equipment within a
process or material management unit used during periods of
representative operation to take samples of the process or material
fluid. Equipment used to take non-routine grab samples is not
considered a sampling connection system.
    Sensor means a device that measures a physical quantity or the
change in a physical quantity, such as temperature, pressure, flow
rate, pH, or liquid level.
    Separator tank means a device used for separation of two immiscible
liquids.
    Solvent extraction operation means an operation or method of
separation in which a solid or solution is contacted with a liquid
solvent (the two being mutually insoluble) to preferentially dissolve
and transfer one or more components into the solvent.
    Startup means the setting in operation of a hazardous secondary
material management unit or control device for any purpose.
    Steam stripping operation means a distillation operation in which
vaporization of the volatile constituents of a liquid mixture takes
place by the introduction of steam directly into the charge.
    Surge control tank means a large-sized pipe or storage reservoir
sufficient to contain the surging liquid discharge of the process tank
to which it is connected.
    Thin-film evaporation operation means a distillation operation that
employs a heating surface consisting of a large diameter tube that may
be either straight or tapered, horizontal or vertical. Liquid is spread
on the tube wall by a rotating assembly of blades that maintain a close
clearance from the wall or actually ride on the film of liquid on the
wall.
    Vapor incinerator means any enclosed combustion device that is used
for destroying organic compounds and does not extract energy in the
form of steam or process heat.
    Vented means discharged through an opening, typically an open-ended
pipe or stack, allowing the passage of a stream of liquids, gases, or
fumes into the atmosphere. The passage of liquids, gases, or fumes is
caused by mechanical means such as compressors or vacuum-producing
systems or by process-related means such as evaporation produced by
heating and not caused by tank loading and unloading (working losses)
or by natural means such as diurnal temperature changes.

Sec.  261.1032  Standards: Process vents.

    (a) The remanufacturer or other person that stores or treats
hazardous secondary materials in hazardous secondary material
management units with process vents associated with distillation,
fractionation, thin-film evaporation, solvent extraction, or air or
steam stripping operations managing hazardous secondary material with
organic concentrations of at least 10 ppmw shall either:
    (1) Reduce total organic emissions from all affected process vents
at the facility below 1.4 kg/h (3 lb/h) and 2.8 Mg/yr (3.1 tons/yr), or
    (2) Reduce, by use of a control device, total organic emissions
from all affected

process vents at the facility by 95 weight percent.
    (b) If the remanufacturer or other person that stores or treats the
hazardous secondary material installs a closed-vent system and control
device to comply with the provisions of paragraph (a) of this section
the closed-vent system and control device must meet the requirements of
Sec.  261.1033.
    (c) Determinations of vent emissions and emission reductions or
total organic compound concentrations achieved by add-on control
devices may be based on engineering calculations or performance tests.
If performance tests are used to determine vent emissions, emission
reductions, or total organic compound concentrations achieved by add-on
control devices, the performance tests must conform with the
requirements of Sec.  261.1034(c).
    (d) When a remanufacturer or other person that stores or treats the
hazardous secondary material and the Regional Administrator do not
agree on determinations of vent emissions and/or emission reductions or
total organic compound concentrations achieved by add-on control
devices based on engineering calculations, the procedures in Sec.
261.1034(c) shall be used to resolve the disagreement.

Sec.  261.1033  Standards: Closed-vent systems and control devices.

    (a)(1) The remanufacturer or other person that stores or treats the
hazardous secondary materials in hazardous secondary material
management units using closed-vent systems and control devices used to
comply with provisions of this part shall comply with the provisions of
this section.
    (2) [Reserved]
    (b) A control device involving vapor recovery (e.g., a condenser or
adsorber) shall be designed and operated to recover the organic vapors
vented to it with an efficiency of 95 weight percent or greater unless
the total organic emission limits of Sec.  261.1032(a)(1) for all
affected process vents can be attained at an efficiency less than 95
weight percent.
    (c) An enclosed combustion device (e.g., a vapor incinerator,
boiler, or process heater) shall be designed and operated to reduce the
organic emissions vented to it by 95 weight percent or greater; to
achieve a total organic compound concentration of 20 ppmv, expressed as
the sum of the actual compounds, not carbon equivalents, on a dry basis
corrected to 3 percent oxygen; or to provide a minimum residence time
of 0.50 seconds at a minimum temperature of 760 [deg]C. If a boiler or
process heater is used as the control device, then the vent stream
shall be introduced into the flame zone of the boiler or process
heater.
    (d)(1) A flare shall be designed for and operated with no visible
emissions as determined by the methods specified in paragraph (e)(1) of
this section, except for periods not to exceed a total of 5 minutes
during any 2 consecutive hours.
    (2) A flare shall be operated with a flame present at all times, as
determined by the methods specified in paragraph (f)(2)(iii) of this
section.
    (3) A flare shall be used only if the net heating value of the gas
being combusted is 11.2 MJ/scm (300 Btu/scf) or greater if the flare is
steam-assisted or air-assisted; or if the net heating value of the gas
being combusted is 7.45 MJ/scm (200 Btu/scf) or greater if the flare is
nonassisted. The net heating value of the gas being combusted shall be
determined by the methods specified in paragraph (e)(2) of this
section.
    (4)(i) A steam-assisted or nonassisted flare shall be designed for
and operated with an exit velocity, as determined by the methods
specified in paragraph (e)(3) of this section, less than 18.3 m/s (60
ft/s), except as provided in paragraphs (d)(4)(ii) and (iii) of this
section.
    (ii) A steam-assisted or nonassisted flare designed for and
operated with an exit velocity, as determined by the methods specified
in paragraph (e)(3) of this section, equal to or greater than 18.3 m/s
(60 ft/s) but less than 122 m/s (400 ft/s) is allowed if the net
heating value of the gas being combusted is greater than 37.3 MJ/scm
(1,000 Btu/scf).
    (iii) A steam-assisted or nonassisted flare designed for and
operated with an exit velocity, as determined by the methods specified
in paragraph (e)(3) of this section, less than the velocity,
Vmax, as determined by the method specified in paragraph
(e)(4) of this section and less than 122 m/s (400 ft/s) is allowed.
    (5) An air-assisted flare shall be designed and operated with an
exit velocity less than the velocity, Vmax, as determined by
the method specified in paragraph (e)(5) of this section.
    (6) A flare used to comply with this section shall be steam-
assisted, air-assisted, or nonassisted.
    (e)(1) Reference Method 22 in 40 CFR part 60 shall be used to
determine the compliance of a flare with the visible emission
provisions of this subpart. The observation period is 2 hours and shall
be used according to Method 22.
    (2) The net heating value of the gas being combusted in a flare
shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR13JA15.000

Where:

HT = Net heating value of the sample, MJ/scm; where the
net enthalpy per mole of offgas is based on combustion at 25 [deg]C
and 760 mm Hg, but the standard temperature for determining the
volume corresponding to 1 mol is 20 [deg]C;
K = Constant, 1.74 x 10-7 (1/ppm) (g mol/scm) (MJ/kcal)
where standard temperature for (g mol/scm) is 20 [deg]C;
Ci = Concentration of sample component i in ppm on a wet
basis, as measured for organics by Reference Method 18 in 40 CFR
part 60 and measured for hydrogen and carbon monoxide by ASTM D
1946-82 (incorporated by reference as specified in Sec.  260.11);
and
Hi = Net heat of combustion of sample component i, kcal/9
mol at 25 [deg]C and 760 mm Hg. The heats of combustion may be
determined using ASTM D 2382-83 (incorporated by reference as
specified in Sec.  260.11) if published values are not available or
cannot be calculated.

    (3) The actual exit velocity of a flare shall be determined by
dividing the volumetric flow rate (in units of standard temperature and
pressure), as determined by Reference Methods 2, 2A, 2C, or 2D in 40
CFR part 60 as appropriate, by the unobstructed (free) cross-sectional
area of the flare tip.
    (4) The maximum allowed velocity in m/s, Vmax, for a
flare complying with paragraph (d)(4)(iii) of this section shall be
determined by the following equation:

Log10(Vmax) = (HT + 28.8)/31.7

Where:

28.8 = Constant,
31.7 = Constant,
HT = The net heating value as determined in paragraph
(e)(2) of this section.

    (5) The maximum allowed velocity in m/s, Vmax, for an
air-assisted flare shall be determined by the following equation:

Vmax = 8.706 + 0.7084 (HT)

Where:

8.706 = Constant,
0.7084 = Constant,
HT = The net heating value as determined in paragraph
(e)(2) of this section.

    (f) The remanufacturer or other person that stores or treats the
hazardous secondary material shall monitor and inspect each control
device required to comply with this section to ensure proper operation
and maintenance of the control device by implementing the following
requirements:
    (1) Install, calibrate, maintain, and operate according to the
manufacturer's specifications a flow indicator that provides a record
of vent stream flow

from each affected process vent to the control device at least once
every hour. The flow indicator sensor shall be installed in the vent
stream at the nearest feasible point to the control device inlet but
before the point at which the vent streams are combined.
    (2) Install, calibrate, maintain, and operate according to the
manufacturer's specifications a device to continuously monitor control
device operation as specified below:
    (i) For a thermal vapor incinerator, a temperature monitoring
device equipped with a continuous recorder. The device shall have an
accuracy of 1 percent of the temperature being monitored in
[deg]C or 0.5 [deg]C, whichever is greater. The temperature
sensor shall be installed at a location in the combustion chamber
downstream of the combustion zone.
    (ii) For a catalytic vapor incinerator, a temperature monitoring
device equipped with a continuous recorder. The device shall be capable
of monitoring temperature at two locations and have an accuracy of
1 percent of the temperature being monitored in [deg]C or
0.5 [deg]C, whichever is greater. One temperature sensor
shall be installed in the vent stream at the nearest feasible point to
the catalyst bed inlet and a second temperature sensor shall be
installed in the vent stream at the nearest feasible point to the
catalyst bed outlet.
    (iii) For a flare, a heat sensing monitoring device equipped with a
continuous recorder that indicates the continuous ignition of the pilot
flame.
    (iv) For a boiler or process heater having a design heat input
capacity less than 44 MW, a temperature monitoring device equipped with
a continuous recorder. The device shall have an accuracy of 1 percent of the temperature being monitored in [deg]C or 0.5 [deg]C, whichever is greater. The temperature sensor shall be
installed at a location in the furnace downstream of the combustion
zone.
    (v) For a boiler or process heater having a design heat input
capacity greater than or equal to 44 MW, a monitoring device equipped
with a continuous recorder to measure a parameter(s) that indicates
good combustion operating practices are being used.
    (vi) For a condenser, either:
    (A) A monitoring device equipped with a continuous recorder to
measure the concentration level of the organic compounds in the exhaust
vent stream from the condenser, or
    (B) A temperature monitoring device equipped with a continuous
recorder. The device shall be capable of monitoring temperature with an
accuracy of 1 percent of the temperature being monitored in
degrees Celsius ([deg]C) or 0.5 [deg]C, whichever is
greater. The temperature sensor shall be installed at a location in the
exhaust vent stream from the condenser exit (i.e., product side).
    (vii) For a carbon adsorption system that regenerates the carbon
bed directly in the control device such as a fixed-bed carbon adsorber,
either:
    (A) A monitoring device equipped with a continuous recorder to
measure the concentration level of the organic compounds in the exhaust
vent stream from the carbon bed, or
    (B) A monitoring device equipped with a continuous recorder to
measure a parameter that indicates the carbon bed is regenerated on a
regular, predetermined time cycle.
    (3) Inspect the readings from each monitoring device required by
paragraphs (f)(1) and (2) of this section at least once each operating
day to check control device operation and, if necessary, immediately
implement the corrective measures necessary to ensure the control
device operates in compliance with the requirements of this section.
    (g) A remanufacturer or other person that stores or treats
hazardous secondary material in a hazardous secondary material
management unit using a carbon adsorption system such as a fixed-bed
carbon adsorber that regenerates the carbon bed directly onsite in the
control device shall replace the existing carbon in the control device
with fresh carbon at a regular, predetermined time interval that is no
longer than the carbon service life established as a requirement of
Sec.  261.1035(b)(4)(iii)(F).
    (h) A remanufacturer or other person that stores or treats
hazardous secondary material in a hazardous secondary material
management unit using a carbon adsorption system such as a carbon
canister that does not regenerate the carbon bed directly onsite in the
control device shall replace the existing carbon in the control device
with fresh carbon on a regular basis by using one of the following
procedures:
    (1) Monitor the concentration level of the organic compounds in the
exhaust vent stream from the carbon adsorption system on a regular
schedule, and replace the existing carbon with fresh carbon immediately
when carbon breakthrough is indicated. The monitoring frequency shall
be daily or at an interval no greater than 20 percent of the time
required to consume the total carbon working capacity established as a
requirement of Sec.  261.1035(b)(4)(iii)(G), whichever is longer.
    (2) Replace the existing carbon with fresh carbon at a regular,
predetermined time interval that is less than the design carbon
replacement interval established as a requirement of Sec.
261.1035(b)(4)(iii)(G).
    (i) An alternative operational or process parameter may be
monitored if it can be demonstrated that another parameter will ensure
that the control device is operated in conformance with these standards
and the control device's design specifications.
    (j) A remanufacturer or other person that stores or treats
hazardous secondary material at an affected facility seeking to comply
with the provisions of this part by using a control device other than a
thermal vapor incinerator, catalytic vapor incinerator, flare, boiler,
process heater, condenser, or carbon adsorption system is required to
develop documentation including sufficient information to describe the
control device operation and identify the process parameter or
parameters that indicate proper operation and maintenance of the
control device.
    (k) A closed-vent system shall meet either of the following design
requirements:
    (1) A closed-vent system shall be designed to operate with no
detectable emissions, as indicated by an instrument reading of less
than 500 ppmv above background as determined by the procedure in Sec.
261.1034(b) of this subpart, and by visual inspections; or
    (2) A closed-vent system shall be designed to operate at a pressure
below atmospheric pressure. The system shall be equipped with at least
one pressure gauge or other pressure measurement device that can be
read from a readily accessible location to verify that negative
pressure is being maintained in the closed-vent system when the control
device is operating.
    (l) The remanufacturer or other person that stores or treats the
hazardous secondary material shall monitor and inspect each closed-vent
system required to comply with this section to ensure proper operation
and maintenance of the closed-vent system by implementing the following
requirements:
    (1) Each closed-vent system that is used to comply with paragraph
(k)(1) of this section shall be inspected and monitored in accordance
with the following requirements:
    (i) An initial leak detection monitoring of the closed-vent system
shall be conducted by the remanufacturer or other person that stores or
treats the hazardous secondary

material on or before the date that the system becomes subject to this
section. The remanufacturer or other person that stores or treats the
hazardous secondary material shall monitor the closed-vent system
components and connections using the procedures specified in Sec.
261.1034(b) of this subpart to demonstrate that the closed-vent system
operates with no detectable emissions, as indicated by an instrument
reading of less than 500 ppmv above background.
    (ii) After initial leak detection monitoring required in paragraph
(l)(1)(i) of this section, the remanufacturer or other person that
stores or treats the hazardous secondary material shall inspect and
monitor the closed-vent system as follows:
    (A) Closed-vent system joints, seams, or other connections that are
permanently or semi-permanently sealed (e.g., a welded joint between
two sections of hard piping or a bolted and gasketed ducting flange)
shall be visually inspected at least once per year to check for defects
that could result in air pollutant emissions. The remanufacturer or
other person that stores or treats the hazardous secondary material
shall monitor a component or connection using the procedures specified
in Sec.  261.1034(b) of this subpart to demonstrate that it operates
with no detectable emissions following any time the component is
repaired or replaced (e.g., a section of damaged hard piping is
replaced with new hard piping) or the connection is unsealed (e.g., a
flange is unbolted).
    (B) Closed-vent system components or connections other than those
specified in paragraph (l)(1)(ii)(A) of this section shall be monitored
annually and at other times as requested by the Regional Administrator,
except as provided for in paragraph (o) of this section, using the
procedures specified in Sec.  261.1034(b) of this subpart to
demonstrate that the components or connections operate with no
detectable emissions.
    (iii) In the event that a defect or leak is detected, the
remanufacturer or other person that stores or treats the hazardous
secondary material shall repair the defect or leak in accordance with
the requirements of paragraph (l)(3) of this section.
    (iv) The remanufacturer or other person that stores or treats the
hazardous secondary material shall maintain a record of the inspection
and monitoring in accordance with the requirements specified in Sec.
261.1035 of this subpart.
    (2) Each closed-vent system that is used to comply with paragraph
(k)(2) of this section shall be inspected and monitored in accordance
with the following requirements:
    (i) The closed-vent system 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 ductwork or piping or loose connections.
    (ii) The remanufacturer or other person that stores or treats the
hazardous secondary material shall perform an initial inspection of the
closed-vent system on or before the date that the system 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.
    (iii) In the event that a defect or leak 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 (l)(3) of this section.
    (iv) The remanufacturer or other person that stores or treats the
hazardous secondary material shall maintain a record of the inspection
and monitoring in accordance with the requirements specified in Sec.
261.1035 of this subpart.
    (3) The remanufacturer or other person that stores or treats the
hazardous secondary material shall repair all detected defects as
follows:
    (i) Detectable emissions, as indicated by visual inspection, or by
an instrument reading greater than 500 ppmv above background, shall be
controlled as soon as practicable, but not later than 15 calendar days
after the emission is detected, except as provided for in paragraph
(l)(3)(iii) of this section.
    (ii) A first attempt at repair shall be made no later than 5
calendar days after the emission is detected.
    (iii) Delay of repair of a closed-vent system for which leaks have
been detected is allowed if the repair is technically infeasible
without a process unit shutdown, or if the remanufacturer or other
person that stores or treats the hazardous secondary material
determines that emissions resulting from immediate repair would be
greater than the fugitive emissions likely to result from delay of
repair. Repair of such equipment shall be completed by the end of the
next process unit shutdown.
    (iv) The remanufacturer or other person that stores or treats the
hazardous secondary material shall maintain a record of the defect
repair in accordance with the requirements specified in Sec.  261.1035
of this subpart.
    (m) Closed-vent systems and control devices used to comply with
provisions of this subpart shall be operated at all times when
emissions may be vented to them.
    (n) The owner or operator using a carbon adsorption system to
control air pollutant emissions shall document that all carbon that is
a hazardous waste and that is removed from the control device is
managed in one of the following manners, regardless of the average
volatile organic concentration of the carbon:
    (1) Regenerated or reactivated in a thermal treatment unit that
meets one of the following:
    (i) The owner or operator of the unit has been issued a final
permit under 40 CFR part 270 which implements the requirements of
subpart X of this part; or
    (ii) The unit is equipped with and operating air emission controls
in accordance with the applicable requirements of subparts AA and CC of
either this part or of 40 CFR part 265; or
    (iii) The unit is equipped with and operating air emission controls
in accordance with a national emission standard for hazardous air
pollutants under 40 CFR part 61 or 40 CFR part 63.
    (2) Incinerated in a hazardous waste incinerator for which the
owner or operator either:
    (i) Has been issued a final permit under 40 CFR part 270 which
implements the requirements of subpart O of this part; or
    (ii) Has designed and operates the incinerator in accordance with
the interim status requirements of 40 CFR part 265, subpart O.
    (3) Burned in a boiler or industrial furnace for which the owner or
operator either:
    (i) Has been issued a final permit under 40 CFR part 270 which
implements the requirements of 40 CFR part 266, subpart H; or
    (ii) Has designed and operates the boiler or industrial furnace in
accordance with the interim status requirements of 40 CFR part 266,
subpart H.
    (o) Any components of a closed-vent system that are designated, as
described in Sec.  261.1035(c)(9) of this subpart, as unsafe to monitor
are exempt from the requirements of paragraph (l)(1)(ii)(B) of this
section if:
    (1) The remanufacturer or other person that stores or treats the
hazardous secondary material in a hazardous secondary material
management unit using a closed-vent

system determines that the components of the closed-vent system are
unsafe to monitor because monitoring personnel would be exposed to an
immediate danger as a consequence of complying with paragraph
(l)(1)(ii)(B) of this section; and
    (2) The remanufacturer or other person that stores or treats the
hazardous secondary material in a hazardous secondary material
management unit using a closed-vent system adheres to a written plan
that requires monitoring the closed-vent system components using the
procedure specified in paragraph (l)(1)(ii)(B) of this section as
frequently as practicable during safe-to-monitor times.

Sec.  261.1034  Test methods and procedures.

    (a) Each remanufacturer or other person that stores or treats the
hazardous secondary material subject to the provisions of this subpart
shall comply with the test methods and procedural requirements provided
in this section.
    (b) When a closed-vent system is tested for compliance with no
detectable emissions, as required in Sec.  261.1033(l) of this subpart,
the test shall comply with the following requirements:
    (1) Monitoring shall comply with Reference Method 21 in 40 CFR part
60.
    (2) The detection instrument shall meet the performance criteria of
Reference Method 21.
    (3) The instrument shall be calibrated before use on each day of
its use by the procedures specified in Reference Method 21.
    (4) Calibration gases shall be:
    (i) Zero air (less than 10 ppm of hydrocarbon in air).
    (ii) A mixture of methane or n-hexane and air at a concentration of
approximately, but less than, 10,000 ppm methane or n-hexane.
    (5) The background level shall be determined as set forth in
Reference Method 21.
    (6) The instrument probe shall be traversed around all potential
leak interfaces as close to the interface as possible as described in
Reference Method 21.
    (7) The arithmetic difference between the maximum concentration
indicated by the instrument and the background level is compared with
500 ppm for determining compliance.
    (c) Performance tests to determine compliance with Sec.
261.1032(a) and with the total organic compound concentration limit of
Sec.  261.1033(c) shall comply with the following:
    (1) Performance tests to determine total organic compound
concentrations and mass flow rates entering and exiting control devices
shall be conducted and data reduced in accordance with the following
reference methods and calculation procedures:
    (i) Method 2 in 40 CFR part 60 for velocity and volumetric flow
rate.
    (ii) Method 18 or Method 25A in 40 CFR part 60, appendix A, for
organic content. If Method 25A is used, the organic HAP used as the
calibration gas must be the single organic HAP representing the largest
percent by volume of the emissions. The use of Method 25A is acceptable
if the response from the high-level calibration gas is at least 20
times the standard deviation of the response from the zero calibration
gas when the instrument is zeroed on the most sensitive scale.
    (iii) Each performance test shall consist of three separate runs;
each run conducted for at least 1 hour under the conditions that exist
when the hazardous secondary material management unit is operating at
the highest load or capacity level reasonably expected to occur. For
the purpose of determining total organic compound concentrations and
mass flow rates, the average of results of all runs shall apply. The
average shall be computed on a time-weighted basis.
    (iv) Total organic mass flow rates shall be determined by the
following equation:
    (A) For sources utilizing Method 18.
    [GRAPHIC] [TIFF OMITTED] TR13JA15.001

Where:

Eh= Total organic mass flow rate, kg/h;
Q2sd= Volumetric flow rate of gases entering or exiting
control device, as determined by Method 2, dscm/h;
n = Number of organic compounds in the vent gas;
Ci= Organic concentration in ppm, dry basis, of compound
i in the vent gas, as determined by Method 18;
MWi= Molecular weight of organic compound i in the vent
gas, kg/kg-mol;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@293 K and
760 mm Hg);
10-\6\ = Conversion from ppm

    (B) For sources utilizing Method 25A.

Eh= (Q)(C)(MW)(0.0416)(10-\6\)

Where:

Eh= Total organic mass flow rate, kg/h;
Q = Volumetric flow rate of gases entering or exiting control
device, as determined by Method 2, dscm/h;
C = Organic concentration in ppm, dry basis, as determined by Method
25A;
MW = Molecular weight of propane, 44;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@293 K and
760 mm Hg);
10-\6\ = Conversion from ppm.

    (v) The annual total organic emission rate shall be determined by
the following equation:

EA=(Eh)(H)

Where:

EA=Total organic mass emission rate, kg/y;
Eh=Total organic mass flow rate for the process vent, kg/
h;
H=Total annual hours of operations for the affected unit, h.

    (vi) Total organic emissions from all affected process vents at the
facility shall be determined by summing the hourly total organic mass
emission rates (Eh, as determined in paragraph (c)(1)(iv) of
this section) and by summing the annual total organic mass emission
rates (EA, as determined in paragraph (c)(1)(v) of this
section) for all affected process vents at the facility.
    (2) The remanufacturer or other person that stores or treats the
hazardous secondary material shall record such process information as
may be necessary to determine the conditions of the performance tests.
Operations during periods of startup, shutdown, and malfunction shall
not constitute representative conditions for the purpose of a
performance test.
    (3) The remanufacturer or other person that stores or treats the
hazardous secondary material at an affected facility shall provide, or
cause to be provided, performance testing facilities as follows:
    (i) Sampling ports adequate for the test methods specified in
paragraph (c)(1) of this section.
    (ii) Safe sampling platform(s).
    (iii) Safe access to sampling platform(s).
    (iv) Utilities for sampling and testing equipment.
    (4) For the purpose of making compliance determinations, the time-
weighted average of the results of the three runs shall apply. In the
event that a sample is accidentally lost or conditions occur in which
one of the

three runs must be discontinued because of forced shutdown, failure of
an irreplaceable portion of the sample train, extreme meteorological
conditions, or other circumstances beyond the remanufacturer's or other
person's that stores or treats the hazardous secondary material
control, compliance may, upon the Regional Administrator's approval, be
determined using the average of the results of the two other runs.
    (d) To show that a process vent associated with a hazardous
secondary material distillation, fractionation, thin-film evaporation,
solvent extraction, or air or steam stripping operation is not subject
to the requirements of this subpart, the remanufacturer or other person
that stores or treats the hazardous secondary material must make an
initial determination that the time-weighted, annual average total
organic concentration of the material managed by the hazardous
secondary material management unit is less than 10 ppmw using one of
the following two methods:
    (1) Direct measurement of the organic concentration of the material
using the following procedures:
    (i) The remanufacturer or other person that stores or treats the
hazardous secondary material must take a minimum of four grab samples
of material for each material stream managed in the affected unit under
process conditions expected to cause the maximum material organic
concentration.
    (ii) For material generated onsite, the grab samples must be
collected at a point before the material is exposed to the atmosphere
such as in an enclosed pipe or other closed system that is used to
transfer the material after generation to the first affected
distillation, fractionation, thin-film evaporation, solvent extraction,
or air or steam stripping operation. For material generated offsite,
the grab samples must be collected at the inlet to the first material
management unit that receives the material provided the material has
been transferred to the facility in a closed system such as a tank
truck and the material is not diluted or mixed with other material.
    (iii) Each sample shall be analyzed and the total organic
concentration of the sample shall be computed using Method 9060A
(incorporated by reference under 40 CFR 260.11) of ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication
SW-846, or analyzed for its individual organic constituents.
    (iv) The arithmetic mean of the results of the analyses of the four
samples shall apply for each material stream managed in the unit in
determining the time-weighted, annual average total organic
concentration of the material. The time-weighted average is to be
calculated using the annual quantity of each material stream processed
and the mean organic concentration of each material stream managed in
the unit.
    (2) Using knowledge of the material to determine that its total
organic concentration is less than 10 ppmw. Documentation of the
material determination is required. Examples of documentation that
shall be used to support a determination under this provision include
production process information documenting that no organic compounds
are used, information that the material is generated by a process that
is identical to a process at the same or another facility that has
previously been demonstrated by direct measurement to generate a
material stream having a total organic content less than 10 ppmw, or
prior speciation analysis results on the same material stream where it
can also be documented that no process changes have occurred since that
analysis that could affect the material total organic concentration.
    (e) The determination that distillation, fractionation, thin-film
evaporation, solvent extraction, or air or steam stripping operations
manage hazardous secondary materials with time-weighted, annual average
total organic concentrations less than 10 ppmw shall be made as
follows:
    (1) By the effective date that the facility becomes subject to the
provisions of this subpart or by the date when the material is first
managed in a hazardous secondary material management unit, whichever is
later, and
    (2) For continuously generated material, annually, or
    (3) Whenever there is a change in the material being managed or a
change in the process that generates or treats the material.
    (f) When a remanufacturer or other person that stores or treats the
hazardous secondary material and the Regional Administrator do not
agree on whether a distillation, fractionation, thin-film evaporation,
solvent extraction, or air or steam stripping operation manages a
hazardous secondary material with organic concentrations of at least 10
ppmw based on knowledge of the material, the dispute may be resolved by
using direct measurement as specified at paragraph (d)(1) of this
section.

Sec.  261.1035  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 of 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) The remanufacturer or other person that stores or treats the
hazardous secondary material must keep the following records on-site:
    (1) For facilities that comply with the provisions of Sec.
261.1033(a)(2), an implementation schedule that includes dates by which
the closed-vent system and control device will be installed and in
operation. The schedule must also include a rationale of why the
installation cannot be completed at an earlier date. The implementation
schedule must be kept on-site at the facility by the effective date
that the facility becomes subject to the provisions of this subpart.
    (2) Up-to-date documentation of compliance with the process vent
standards in Sec.  261.1032, including:
    (i) Information and data identifying all affected process vents,
annual throughput and operating hours of each affected unit, estimated
emission rates for each affected vent and for the overall facility
(i.e., the total emissions for all affected vents at the facility), and
the approximate location within the facility of each affected unit
(e.g., identify the hazardous secondary material management units on a
facility plot plan).
    (ii) Information and data supporting determinations of vent
emissions and emission reductions achieved by add-on control devices
based on engineering calculations or source tests. For the purpose of
determining compliance, determinations of vent emissions and emission
reductions must be made using operating parameter values (e.g.,
temperatures, flow rates, or vent stream organic compounds and
concentrations) that represent the conditions that result in maximum
organic emissions, such as when the hazardous secondary material
management unit is operating at the highest load or capacity level
reasonably expected to occur. If the remanufacturer or other person
that stores or treats the

hazardous secondary material takes any action (e.g., managing a
material of different composition or increasing operating hours of
affected hazardous secondary material management units) that would
result in an increase in total organic emissions from affected process
vents at the facility, then a new determination is required.
    (3) Where a remanufacturer or other person that stores or treats
the hazardous secondary material chooses to use test data to determine
the organic removal efficiency or total organic compound concentration
achieved by the control device, a performance test plan must be
developed and include:
    (i) A description of how it is determined that the planned test is
going to be conducted when the hazardous secondary material management
unit is operating at the highest load or capacity level reasonably
expected to occur. This shall include the estimated or design flow rate
and organic content of each vent stream and define the acceptable
operating ranges of key process and control device parameters during
the test program.
    (ii) A detailed engineering description of the closed-vent system
and control device including:
    (A) Manufacturer's name and model number of control device.
    (B) Type of control device.
    (C) Dimensions of the control device.
    (D) Capacity.
    (E) Construction materials.
    (iii) A detailed description of sampling and monitoring procedures,
including sampling and monitoring locations in the system, the
equipment to be used, sampling and monitoring frequency, and planned
analytical procedures for sample analysis.
    (4) Documentation of compliance with Sec.  261.1033 shall include
the following information:
    (i) A list of all information references and sources used in
preparing the documentation.
    (ii) Records, including the dates, of each compliance test required
by Sec.  261.1033(k).
    (iii) If engineering calculations are used, a design analysis,
specifications, drawings, schematics, and piping and instrumentation
diagrams based on the appropriate sections of ``APTI Course 415:
Control of Gaseous Emissions'' (incorporated by reference as specified
in Sec.  260.11) or other engineering texts acceptable to the Regional
Administrator that present basic control device design information.
Documentation provided by the control device manufacturer or vendor
that describes the control device design in accordance with paragraphs
(b)(4)(iii)(A) through (G) of this section may be used to comply with
this requirement. The design analysis shall address the vent stream
characteristics and control device operation parameters as specified
below.
    (A) For a thermal vapor incinerator, the design analysis shall
consider the vent stream composition, constituent concentrations, and
flow rate. The design analysis shall also establish the design minimum
and average temperature in the combustion zone and the combustion zone
residence time.
    (B) For a catalytic vapor incinerator, the design analysis shall
consider the vent stream composition, constituent concentrations, and
flow rate. The design analysis shall also establish the design minimum
and average temperatures across the catalyst bed inlet and outlet.
    (C) For a boiler or process heater, the design analysis shall
consider the vent stream composition, constituent concentrations, and
flow rate. The design analysis shall also establish the design minimum
and average flame zone temperatures, combustion zone residence time,
and description of method and location where the vent stream is
introduced into the combustion zone.
    (D) For a flare, the design analysis shall consider the vent stream
composition, constituent concentrations, and flow rate. The design
analysis shall also consider the requirements specified in Sec.
261.1033(d).
    (E) For a condenser, the design analysis shall consider the vent
stream composition, constituent concentrations, flow rate, relative
humidity, and temperature. The design analysis shall also establish the
design outlet organic compound concentration level, design average
temperature of the condenser exhaust vent stream, and design average
temperatures of the coolant fluid at the condenser inlet and outlet.
    (F) For a carbon adsorption system such as a fixed-bed adsorber
that regenerates the carbon bed directly onsite in the control device,
the design analysis shall consider the vent stream composition,
constituent concentrations, flow rate, relative humidity, and
temperature. The design analysis shall also establish the design
exhaust vent stream organic compound concentration level, number and
capacity of carbon beds, type and working capacity of activated carbon
used for carbon beds, design total steam flow over the period of each
complete carbon bed regeneration cycle, duration of the carbon bed
steaming and cooling/drying cycles, design carbon bed temperature after
regeneration, design carbon bed regeneration time, and design service
life of carbon.
    (G) For a carbon adsorption system such as a carbon canister that
does not regenerate the carbon bed directly onsite in the control
device, the design analysis shall consider the vent stream composition,
constituent concentrations, flow rate, relative humidity, and
temperature. The design analysis shall also establish the design outlet
organic concentration level, capacity of carbon bed, type and working
capacity of activated carbon used for carbon bed, and design carbon
replacement interval based on the total carbon working capacity of the
control device and source operating schedule.
    (iv) A statement signed and dated by the remanufacturer or other
person that stores or treats the hazardous secondary material
certifying that the operating parameters used in the design analysis
reasonably represent the conditions that exist when the hazardous
secondary material management unit is or would be operating at the
highest load or capacity level reasonably expected to occur.
    (v) A statement signed and dated by the remanufacturer or other
person that stores or treats the hazardous secondary material
certifying that the control device is designed to operate at an
efficiency of 95 percent or greater unless the total organic
concentration limit of Sec.  261.1032(a) is achieved at an efficiency
less than 95 weight percent or the total organic emission limits of
Sec.  261.1032(a) for affected process vents at the facility can be
attained by a control device involving vapor recovery at an efficiency
less than 95 weight percent. A statement provided by the control device
manufacturer or vendor certifying that the control equipment meets the
design specifications may be used to comply with this requirement.
    (vi) If performance tests are used to demonstrate compliance, all
test results.
    (c) Design documentation and monitoring, operating, and inspection
information for each closed-vent system and control device required to
comply with the provisions of this part shall be recorded and kept up-
to-date at the facility. The information shall include:
    (1) Description and date of each modification that is made to the
closed-vent system or control device design.
    (2) Identification of operating parameter, description of
monitoring device, and diagram of monitoring sensor location or
locations used to comply with Sec.  261.1033 (f)(1) and (2).
    (3) Monitoring, operating, and inspection information required by
Sec.  261.1033(f) through (k).

    (4) Date, time, and duration of each period that occurs while the
control device is operating when any monitored parameter exceeds the
value established in the control device design analysis as specified
below:
    (i) For a thermal vapor incinerator designed to operate with a
minimum residence time of 0.50 second at a minimum temperature of 760
[deg]C, period when the combustion temperature is below 760 [deg]C.
    (ii) For a thermal vapor incinerator designed to operate with an
organic emission reduction efficiency of 95 weight percent or greater,
period when the combustion zone temperature is more than 28 [deg]C
below the design average combustion zone temperature established as a
requirement of paragraph (b)(4)(iii)(A) of this section.
    (iii) For a catalytic vapor incinerator, period when:
    (A) Temperature of the vent stream at the catalyst bed inlet is
more than 28 [deg]C below the average temperature of the inlet vent
stream established as a requirement of paragraph (b)(4)(iii)(B) of this
section, or
    (B) Temperature difference across the catalyst bed is less than 80
percent of the design average temperature difference established as a
requirement of paragraph (b)(4)(iii)(B) of this section.
    (iv) For a boiler or process heater, period when:
    (A) Flame zone temperature is more than 28 [deg]C below the design
average flame zone temperature established as a requirement of
paragraph (b)(4)(iii)(C) of this section, or
    (B) Position changes where the vent stream is introduced to the
combustion zone from the location established as a requirement of
paragraph (b)(4)(iii)(C) of this section.
    (v) For a flare, period when the pilot flame is not ignited.
    (vi) For a condenser that complies with Sec.
261.1033(f)(2)(vi)(A), period when the organic compound concentration
level or readings of organic compounds in the exhaust vent stream from
the condenser are more than 20 percent greater than the design outlet
organic compound concentration level established as a requirement of
paragraph (b)(4)(iii)(E) of this section.
    (vii) For a condenser that complies with Sec.
261.1033(f)(2)(vi)(B), period when:
    (A) Temperature of the exhaust vent stream from the condenser is
more than 6 [deg]C above the design average exhaust vent stream
temperature established as a requirement of paragraph (b)(4)(iii)(E) of
this section; or
    (B) Temperature of the coolant fluid exiting the condenser is more
than 6 [deg]C above the design average coolant fluid temperature at the
condenser outlet established as a requirement of paragraph
(b)(4)(iii)(E) of this section.
    (viii) For a carbon adsorption system such as a fixed-bed carbon
adsorber that regenerates the carbon bed directly on-site in the
control device and complies with Sec.  261.1033(f)(2)(vii)(A), period
when the organic compound concentration level or readings of organic
compounds in the exhaust vent stream from the carbon bed are more than
20 percent greater than the design exhaust vent stream organic compound
concentration level established as a requirement of paragraph
(b)(4)(iii)(F) of this section.
    (ix) For a carbon adsorption system such as a fixed-bed carbon
adsorber that regenerates the carbon bed directly on-site in the
control device and complies with Sec.  261.1033(f)(2)(vii)(B), period
when the vent stream continues to flow through the control device
beyond the predetermined carbon bed regeneration time established as a
requirement of paragraph (b)(4)(iii)(F) of this section.
    (5) Explanation for each period recorded under paragraph (c)(4) of
the cause for control device operating parameter exceeding the design
value and the measures implemented to correct the control device
operation.
    (6) For a carbon adsorption system operated subject to requirements
specified in Sec.  261.1033(g) or (h)(2), date when existing carbon in
the control device is replaced with fresh carbon.
    (7) For a carbon adsorption system operated subject to requirements
specified in Sec.  261.1033(h)(1), a log that records:
    (i) Date and time when control device is monitored for carbon
breakthrough and the monitoring device reading.
    (ii) Date when existing carbon in the control device is replaced
with fresh carbon.
    (8) Date of each control device startup and shutdown.
    (9) A remanufacturer or other person that stores or treats the
hazardous secondary material designating any components of a closed-
vent system as unsafe to monitor pursuant to Sec.  261.1033(o) of this
subpart shall record in a log that is kept at the facility the
identification of closed-vent system components that are designated as
unsafe to monitor in accordance with the requirements of Sec.
261.1033(o) of this subpart, an explanation for each closed-vent system
component stating why the closed-vent system component is unsafe to
monitor, and the plan for monitoring each closed-vent system component.
    (10) When each leak is detected as specified in Sec.  261.1033(l)
of this subpart, the following information shall be recorded:
    (i) The instrument identification number, the closed-vent system
component identification number, and the operator name, initials, or
identification number.
    (ii) The date the leak was detected and the date of first attempt
to repair the leak.
    (iii) The date of successful repair of the leak.
    (iv) Maximum instrument reading measured by Method 21 of 40 CFR
part 60, appendix A after it is successfully repaired or determined to
be nonrepairable.
    (v) ``Repair delayed'' and the reason for the delay if a leak is
not repaired within 15 calendar days after discovery of the leak.
    (A) The remanufacturer or other person that stores or treats the
hazardous secondary material may develop a written procedure that
identifies the conditions that justify a delay of repair. In such
cases, reasons for delay of repair may be documented by citing the
relevant sections of the written procedure.
    (B) If delay of repair was caused by depletion of stocked parts,
there must be documentation that the spare parts were sufficiently
stocked on-site before depletion and the reason for depletion.
    (d) Records of the monitoring, operating, and inspection
information required by paragraphs (c)(3) through (10) of this section
shall be maintained by the owner or operator for at least 3 years
following the date of each occurrence, measurement, maintenance,
corrective action, or record.
    (e) 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.
    (f) Up-to-date information and data used to determine whether or
not a process vent is subject to the requirements in Sec.  261.1032
including supporting documentation as required by Sec.  261.1034(d)(2)
when application of the knowledge of the nature of the hazardous
secondary material stream or the process by which it was produced is
used, shall be recorded in a log that is kept at the facility.

Sec. Sec.  261.1036-261.1049  [Reserved]

Subpart BB--Air Emission Standards for Equipment Leaks

Sec.  261.1050  Applicability.

    (a) The regulations in this subpart apply to equipment that
contains

hazardous secondary materials excluded under the remanufacturing
exclusion at Sec.  261.4(a)(27), unless the equipment operations are
subject to the requirements of an applicable Clean Air Act regulation
codified under 40 CFR part 60, part 61, or part 63.

Sec.  261.1051  Definitions.

    As used in this subpart, all terms shall have the meaning given
them in Sec.  261.1031, the Resource Conservation and Recovery Act, and
40 CFR parts 260-266.

Sec.  261.1052  Standards: Pumps in light liquid service.

    (a)(1) Each pump in light liquid service shall be monitored monthly
to detect leaks by the methods specified in Sec.  261.1063(b), except
as provided in paragraphs (d), (e), and (f) of this section.
    (2) Each pump in light liquid service shall be checked by visual
inspection each calendar week for indications of liquids dripping from
the pump seal.
    (b)(1) If an instrument reading of 10,000 ppm or greater is
measured, a leak is detected.
    (2) If there are indications of liquids dripping from the pump
seal, a leak is detected.
    (c)(1) When a leak is detected, it shall be repaired as soon as
practicable, but not later than 15 calendar days after it is detected,
except as provided in Sec.  261.1059.
    (2) A first attempt at repair (e.g., tightening the packing gland)
shall be made no later than five calendar days after each leak is
detected.
    (d) Each pump equipped with a dual mechanical seal system that
includes a barrier fluid system is exempt from the requirements of
paragraph (a) of this section, provided the following requirements are
met:
    (1) Each dual mechanical seal system must be:
    (i) Operated with the barrier fluid at a pressure that is at all
times greater than the pump stuffing box pressure, or
    (ii) Equipped with a barrier fluid degassing reservoir that is
connected by a closed-vent system to a control device that complies
with the requirements of Sec.  261.1060, or
    (iii) Equipped with a system that purges the barrier fluid into a
hazardous secondary material stream with no detectable emissions to the
atmosphere.
    (2) The barrier fluid system must not be a hazardous secondary
material with organic concentrations 10 percent or greater by weight.
    (3) Each barrier fluid system must be equipped with a sensor that
will detect failure of the seal system, the barrier fluid system, or
both.
    (4) Each pump must be checked by visual inspection, each calendar
week, for indications of liquids dripping from the pump seals.
    (5)(i) Each sensor as described in paragraph (d)(3) of this section
must be checked daily or be equipped with an audible alarm that must be
checked monthly to ensure that it is functioning properly.
    (ii) The remanufacturer or other person that stores or treats the
hazardous secondary material must determine, based on design
considerations and operating experience, a criterion that indicates
failure of the seal system, the barrier fluid system, or both.
    (6)(i) If there are indications of liquids dripping from the pump
seal or the sensor indicates failure of the seal system, the barrier
fluid system, or both based on the criterion determined in paragraph
(d)(5)(ii) of this section, a leak is detected.
    (ii) When a leak is detected, it shall be repaired as soon as
practicable, but not later than 15 calendar days after it is detected,
except as provided in Sec.  261.1059.
    (iii) A first attempt at repair (e.g., relapping the seal) shall be
made no later than five calendar days after each leak is detected.
    (e) Any pump that is designated, as described in Sec.
261.1064(g)(2), for no detectable emissions, as indicated by an
instrument reading of less than 500 ppm above background, is exempt
from the requirements of paragraphs (a), (c), and (d) of this section
if the pump meets the following requirements:
    (1) Must have no externally actuated shaft penetrating the pump
housing.
    (2) Must operate with no detectable emissions as indicated by an
instrument reading of less than 500 ppm above background as measured by
the methods specified in Sec.  261.1063(c).
    (3) Must be tested for compliance with paragraph (e)(2) of this
section initially upon designation, annually, and at other times as
requested by the Regional Administrator.
    (f) If any pump is equipped with a closed-vent system capable of
capturing and transporting any leakage from the seal or seals to a
control device that complies with the requirements of Sec.  261.1060,
it is exempt from the requirements of paragraphs (a) through (e) of
this section.

Sec.  261.1053  Standards: Compressors.

    (a) Each compressor shall be equipped with a seal system that
includes a barrier fluid system and that prevents leakage of total
organic emissions to the atmosphere, except as provided in paragraphs
(h) and (i) of this section.
    (b) Each compressor seal system as required in paragraph (a) of
this section shall be:
    (1) Operated with the barrier fluid at a pressure that is at all
times greater than the compressor stuffing box pressure, or
    (2) Equipped with a barrier fluid system that is connected by a
closed-vent system to a control device that complies with the
requirements of Sec.  261.1060, or
    (3) Equipped with a system that purges the barrier fluid into a
hazardous secondary material stream with no detectable emissions to
atmosphere.
    (c) The barrier fluid must not be a hazardous secondary material
with organic concentrations 10 percent or greater by weight.
    (d) Each barrier fluid system as described in paragraphs (a)
through (c) of this section shall be equipped with a sensor that will
detect failure of the seal system, barrier fluid system, or both.
    (e)(1) Each sensor as required in paragraph (d) of this section
shall be checked daily or shall be equipped with an audible alarm that
must be checked monthly to ensure that it is functioning properly
unless the compressor is located within the boundary of an unmanned
plant site, in which case the sensor must be checked daily.
    (2) The remanufacturer or other person that stores or treats the
hazardous secondary material shall determine, based on design
considerations and operating experience, a criterion that indicates
failure of the seal system, the barrier fluid system, or both.
    (f) If the sensor indicates failure of the seal system, the barrier
fluid system, or both based on the criterion determined under paragraph
(e)(2) of this section, a leak is detected.
    (g)(1) When a leak is detected, it shall be repaired as soon as
practicable, but not later than 15 calendar days after it is detected,
except as provided in Sec.  261.1059.
    (2) A first attempt at repair (e.g., tightening the packing gland)
shall be made no later than 5 calendar days after each leak is
detected.
    (h) A compressor is exempt from the requirements of paragraphs (a)
and (b) of this section if it is equipped with a closed-vent system
capable of capturing and transporting any leakage from the seal to a
control device that complies with the requirements of Sec.  261.1060,
except as provided in paragraph (i) of this section.
    (i) Any compressor that is designated, as described in Sec.
261.1064(g)(2), for no

detectable emissions as indicated by an instrument reading of less than
500 ppm above background is exempt from the requirements of paragraphs
(a) through (h) of this section if the compressor:
    (1) Is determined to be operating with no detectable emissions, as
indicated by an instrument reading of less than 500 ppm above
background, as measured by the method specified in Sec.  261.1063(c).
    (2) Is tested for compliance with paragraph (i)(1) of this section
initially upon designation, annually, and at other times as requested
by the Regional Administrator.

Sec.  261.1054  Standards: Pressure relief devices in gas/vapor
service.

    (a) Except during pressure releases, each pressure relief device in
gas/vapor service shall be operated with no detectable emissions, as
indicated by an instrument reading of less than 500 ppm above
background, as measured by the method specified in Sec.  261.1063(c).
    (b)(1) After each pressure release, the pressure relief device
shall be returned to a condition of no detectable emissions, as
indicated by an instrument reading of less than 500 ppm above
background, as soon as practicable, but no later than 5 calendar days
after each pressure release, except as provided in Sec.  261.1059.
    (2) No later than 5 calendar days after the pressure release, the
pressure relief device shall be monitored to confirm the condition of
no detectable emissions, as indicated by an instrument reading of less
than 500 ppm above background, as measured by the method specified in
Sec.  261.1063(c).
    (c) Any pressure relief device that is equipped with a closed-vent
system capable of capturing and transporting leakage from the pressure
relief device to a control device as described in Sec.  261.1060 is
exempt from the requirements of paragraphs (a) and (b) of this section.

Sec.  261.1055  Standards: Sampling connection systems.

    (a) Each sampling connection system shall be equipped with a
closed-purge, closed-loop, or closed-vent system. This system shall
collect the sample purge for return to the process or for routing to
the appropriate treatment system. Gases displaced during filling of the
sample container are not required to be collected or captured.
    (b) Each closed-purge, closed-loop, or closed-vent system as
required in paragraph (a) of this section shall meet one of the
following requirements:
    (1) Return the purged process fluid directly to the process line;
    (2) Collect and recycle the purged process fluid; or
    (3) Be designed and operated to capture and transport all the
purged process fluid to a material management unit that complies with
the applicable requirements of Sec. Sec.  261.1084 through 264.1086 of
this subpart or a control device that complies with the requirements of
Sec.  261.1060 of this subpart.
    (c) In-situ sampling systems and sampling systems without purges
are exempt from the requirements of paragraphs (a) and (b) of this
section.

Sec.  261.1056  Standards: Open-ended valves or lines.

    (a)(1) Each open-ended valve or line shall be equipped with a cap,
blind flange, plug, or a second valve.
    (2) The cap, blind flange, plug, or second valve shall seal the
open end at all times except during operations requiring hazardous
secondary material stream flow through the open-ended valve or line.
    (b) Each open-ended valve or line equipped with a second valve
shall be operated in a manner such that the valve on the hazardous
secondary material stream end is closed before the second valve is
closed.
    (c) When a double block and bleed system is being used, the bleed
valve or line may remain open during operations that require venting
the line between the block valves but shall comply with paragraph (a)
of this section at all other times.

Sec.  261.1057  Standards: Valves in gas/vapor service or in light
liquid service.

    (a) Each valve in gas/vapor or light liquid service shall be
monitored monthly to detect leaks by the methods specified in Sec.
261.1063(b) and shall comply with paragraphs (b) through (e) of this
section, except as provided in paragraphs (f), (g), and (h) of this
section and Sec. Sec.  261.1061 and 261.1062.
    (b) If an instrument reading of 10,000 ppm or greater is measured,
a leak is detected.
    (c)(1) Any valve for which a leak is not detected for two
successive months may be monitored the first month of every succeeding
quarter, beginning with the next quarter, until a leak is detected.
    (2) If a leak is detected, the valve shall be monitored monthly
until a leak is not detected for two successive months,
    (d)(1) When a leak is detected, it shall be repaired as soon as
practicable, but no later than 15 calendar days after the leak is
detected, except as provided in Sec.  261.1059.
    (2) A first attempt at repair shall be made no later than 5
calendar days after each leak is detected.
    (e) First attempts at repair include, but are not limited to, the
following best practices where practicable:
    (1) Tightening of bonnet bolts.
    (2) Replacement of bonnet bolts.
    (3) Tightening of packing gland nuts.
    (4) Injection of lubricant into lubricated packing.
    (f) Any valve that is designated, as described in Sec.
261.1064(g)(2), for no detectable emissions, as indicated by an
instrument reading of less than 500 ppm above background, is exempt
from the requirements of paragraph (a) of this section if the valve:
    (1) Has no external actuating mechanism in contact with the
hazardous secondary material stream.
    (2) Is operated with emissions less than 500 ppm above background
as determined by the method specified in Sec.  261.1063(c).
    (3) Is tested for compliance with paragraph (f)(2) of this section
initially upon designation, annually, and at other times as requested
by the Regional Administrator.
    (g) Any valve that is designated, as described in Sec.
261.1064(h)(1), as an unsafe-to-monitor valve is exempt from the
requirements of paragraph (a) of this section if:
    (1) The remanufacturer or other person that stores or treats the
hazardous secondary material determines that the valve is unsafe to
monitor because monitoring personnel would be exposed to an immediate
danger as a consequence of complying with paragraph (a) of this
section.
    (2) The remanufacturer or other person that stores or treats the
hazardous secondary material adheres to a written plan that requires
monitoring of the valve as frequently as practicable during safe-to-
monitor times.
    (h) Any valve that is designated, as described in Sec.
261.1064(h)(2), as a difficult-to-monitor valve is exempt from the
requirements of paragraph (a) of this section if:
    (1) The remanufacturer or other person that stores or treats the
hazardous secondary material determines that the valve cannot be
monitored without elevating the monitoring personnel more than 2 meters
above a support surface.
    (2) The hazardous secondary material management unit within which
the valve is located was in operation before January 13, 2015.
    (3) The owner or operator of the valve follows a written plan that
requires monitoring of the valve at least once per calendar year.

Sec.  261.1058  Standards: Pumps and valves in heavy liquid service,
pressure relief devices in light liquid or heavy liquid service, and
flanges and other connectors.

    (a) Pumps and valves in heavy liquid service, pressure relief
devices in light liquid or heavy liquid service, and flanges and other
connectors shall be monitored within five days by the method specified
in Sec.  261.1063(b) if evidence of a potential leak is found by
visual, audible, olfactory, or any other detection method.
    (b) If an instrument reading of 10,000 ppm or greater is measured,
a leak is detected.
    (c)(1) When a leak is detected, it shall be repaired as soon as
practicable, but not later than 15 calendar days after it is detected,
except as provided in Sec.  261.1059.
    (2) The first attempt at repair shall be made no later than 5
calendar days after each leak is detected.
    (d) First attempts at repair include, but are not limited to, the
best practices described under Sec.  261.1057(e).
    (e) Any connector that is inaccessible or is ceramic or ceramic-
lined (e.g., porcelain, glass, or glass-lined) is exempt from the
monitoring requirements of paragraph (a) of this section and from the
recordkeeping requirements of Sec.  261.1064 of this subpart.

Sec.  261.1059  Standards: Delay of repair.

    (a) Delay of repair of equipment for which leaks have been detected
will be allowed if the repair is technically infeasible without a
hazardous secondary material management unit shutdown. In such a case,
repair of this equipment shall occur before the end of the next
hazardous secondary material management unit shutdown.
    (b) Delay of repair of equipment for which leaks have been detected
will be allowed for equipment that is isolated from the hazardous
secondary material management unit and that does not continue to
contain or contact hazardous secondary material with organic
concentrations at least 10 percent by weight.
    (c) Delay of repair for valves will be allowed if:
    (1) The remanufacturer or other person that stores or treats the
hazardous secondary material determines that emissions of purged
material resulting from immediate repair are greater than the emissions
likely to result from delay of repair.
    (2) When repair procedures are effected, the purged material is
collected and destroyed or recovered in a control device complying with
Sec.  261.1060.
    (d) Delay of repair for pumps will be allowed if:
    (1) Repair requires the use of a dual mechanical seal system that
includes a barrier fluid system.
    (2) Repair is completed as soon as practicable, but not later than
6 months after the leak was detected.
    (e) Delay of repair beyond a hazardous secondary material
management unit shutdown will be allowed for a valve if valve assembly
replacement is necessary during the hazardous secondary material
management unit shutdown, valve assembly supplies have been depleted,
and valve assembly supplies had been sufficiently stocked before the
supplies were depleted. Delay of repair beyond the next hazardous
secondary material management unit shutdown will not be allowed unless
the next hazardous secondary material management unit shutdown occurs
sooner than 6 months after the first hazardous secondary material
management unit shutdown.

Sec.  261.1060  Standards: Closed-vent systems and control devices.

    (a) The remanufacturer or other person that stores or treats the
hazardous secondary material in a hazardous secondary material
management units using closed-vent systems and control devices subject
to this subpart shall comply with the provisions of Sec.  261.1033 of
this part.
    (b)(1) The remanufacturer or other person that stores or treats the
hazardous secondary material at an existing facility who cannot install
a closed-vent system and control device to comply with the provisions
of this subpart on the effective date that the facility becomes subject
to the provisions of this subpart must prepare an implementation
schedule that includes dates by which the closed-vent system and
control device will be installed and in operation. The controls must be
installed as soon as possible, but the implementation schedule may
allow up to 30 months after the effective date that the facility
becomes subject to this subpart for installation and startup.
    (2) Any unit that begins operation after July 13, 2015 and is
subject to the provisions of this subpart when operation begins, must
comply with the rules immediately (i.e., must have control devices
installed and operating on startup of the affected unit); the 30-month
implementation schedule does not apply.
    (3) The remanufacturer or other person that stores or treats the
hazardous secondary material at any facility in existence on the
effective date of a statutory or regulatory amendment that renders the
facility subject to this subpart shall comply with all requirements of
this subpart as soon as practicable but no later than 30 months after
the amendment's effective date. When control equipment required by this
subpart cannot be installed and begin operation by the effective date
of the amendment, the facility owner or operator shall prepare an
implementation schedule that includes the following information:
Specific calendar dates for award of contracts or issuance of purchase
orders for the control equipment, initiation of on-site installation of
the control equipment, completion of the control equipment
installation, and performance of any testing to demonstrate that the
installed equipment meets the applicable standards of this subpart. The
remanufacturer or other person that stores or treats the hazardous
secondary material shall keep a copy of the implementation schedule at
the facility.
    (4) Remanufacturers or other persons that store or treat the
hazardous secondary materials at facilities and units that become newly
subject to the requirements of this subpart after January 13, 2015, due
to an action other than those described in paragraph (b)(3) of this
section must comply with all applicable requirements immediately (i.e.,
must have control devices installed and operating on the date the
facility or unit becomes subject to this subpart; the 30-month
implementation schedule does not apply).

Sec.  261.1061  Alternative standards for valves in gas/vapor service
or in light liquid service: percentage of valves allowed to leak.

    (a) A remanufacturer or other person that stores or treats the
hazardous secondary material subject to the requirements of Sec.
261.1057 may elect to have all valves within a hazardous secondary
material management unit comply with an alternative standard that
allows no greater than 2 percent of the valves to leak.
    (b) The following requirements shall be met if a remanufacturer or
other person that stores or treats the hazardous secondary material
decides to comply with the alternative standard of allowing 2 percent
of valves to leak:
    (1) A performance test as specified in paragraph (c) of this
section shall be conducted initially upon designation, annually, and at
other times requested by the Regional Administrator.
    (2) If a valve leak is detected, it shall be repaired in accordance
with Sec.  261.1057(d) and (e).
    (c) Performance tests shall be conducted in the following manner:
    (1) All valves subject to the requirements in Sec.  261.1057 within
the

hazardous secondary material management unit shall be monitored within
1 week by the methods specified in Sec.  261.1063(b).
    (2) If an instrument reading of 10,000 ppm or greater is measured,
a leak is detected.
    (3) The leak percentage shall be determined by dividing the number
of valves subject to the requirements in Sec.  261.1057 for which leaks
are detected by the total number of valves subject to the requirements
in Sec.  261.1057 within the hazardous secondary material management
unit.

Sec.  261.1062  Alternative standards for valves in gas/vapor service
or in light liquid service: skip period leak detection and repair.

    (a) A remanufacturer or other person that stores or treats the
hazardous secondary material subject to the requirements of Sec.
261.1057 may elect for all valves within a hazardous secondary material
management unit to comply with one of the alternative work practices
specified in paragraphs (b)(2) and (3) of this section.
    (b)(1) A remanufacturer or other person that stores or treats the
hazardous secondary material shall comply with the requirements for
valves, as described in Sec.  261.1057, except as described in
paragraphs (b)(2) and (3) of this section.
    (2) After two consecutive quarterly leak detection periods with the
percentage of valves leaking equal to or less than two percent, a
remanufacturer or other person that stores or treats the hazardous
secondary material may begin to skip one of the quarterly leak
detection periods (i.e., monitor for leaks once every six months) for
the valves subject to the requirements in Sec.  261.1057 of this
subpart.
    (3) After five consecutive quarterly leak detection periods with
the percentage of valves leaking equal to or less than two percent, a
remanufacturer or other person that stores or treats the hazardous
secondary material may begin to skip three of the quarterly leak
detection periods (i.e., monitor for leaks once every year) for the
valves subject to the requirements in Sec.  261.1057 of this subpart.
    (4) If the percentage of valves leaking is greater than two
percent, the remanufacturer or other person that stores or treats the
hazardous secondary material shall monitor monthly in compliance with
the requirements in Sec.  261.1057, but may again elect to use this
section after meeting the requirements of Sec.  261.1057(c)(1).

Sec.  261.1063  Test methods and procedures.

    (a) Each remanufacturer or other person that stores or treats the
hazardous secondary material subject to the provisions of this subpart
shall comply with the test methods and procedures requirements provided
in this section.
    (b) Leak detection monitoring, as required in Sec. Sec.  261.1052-
261.1062, shall comply with the following requirements:
    (1) Monitoring shall comply with Reference Method 21 in 40 CFR part
60.
    (2) The detection instrument shall meet the performance criteria of
Reference Method 21.
    (3) The instrument shall be calibrated before use on each day of
its use by the procedures specified in Reference Method 21.
    (4) Calibration gases shall be:
    (i) Zero air (less than 10 ppm of hydrocarbon in air).
    (ii) A mixture of methane or n-hexane and air at a concentration of
approximately, but less than, 10,000 ppm methane or n-hexane.
    (5) The instrument probe shall be traversed around all potential
leak interfaces as close to the interface as possible as described in
Reference Method 21.
    (c) When equipment is tested for compliance with no detectable
emissions, as required in Sec. Sec.  261.1052(e), 261.1053(i),
261.1054, and 261.1057(f), the test shall comply with the following
requirements:
    (1) The requirements of paragraphs (b)(1) through (4) of this
section shall apply.
    (2) The background level shall be determined as set forth in
Reference Method 21.
    (3) The instrument probe shall be traversed around all potential
leak interfaces as close to the interface as possible as described in
Reference Method 21.
    (4) The arithmetic difference between the maximum concentration
indicated by the instrument and the background level is compared with
500 ppm for determining compliance.
    (d) A remanufacturer or other person that stores or treats the
hazardous secondary material must determine, for each piece of
equipment, whether the equipment contains or contacts a hazardous
secondary material with organic concentration that equals or exceeds 10
percent by weight using the following:
    (1) Methods described in ASTM Methods D 2267-88, E 169-87, E 168-
88, E 260-85 (incorporated by reference under Sec.  260.11);
    (2) Method 9060A (incorporated by reference under 40 CFR 260.11) of
``Test Methods for Evaluating Solid Waste,'' EPA Publication SW-846,
for computing total organic concentration of the sample, or analyzed
for its individual organic constituents; or
    (3) Application of the knowledge of the nature of the hazardous
secondary material stream or the process by which it was produced.
Documentation of a material determination by knowledge is required.
Examples of documentation that shall be used to support a determination
under this provision include production process information documenting
that no organic compounds are used, information that the material is
generated by a process that is identical to a process at the same or
another facility that has previously been demonstrated by direct
measurement to have a total organic content less than 10 percent, or
prior speciation analysis results on the same material stream where it
can also be documented that no process changes have occurred since that
analysis that could affect the material total organic concentration.
    (e) If a remanufacturer or other person that stores or treats the
hazardous secondary material determines that a piece of equipment
contains or contacts a hazardous secondary material with organic
concentrations at least 10 percent by weight, the determination can be
revised only after following the procedures in paragraph (d)(1) or (2)
of this section.
    (f) When a remanufacturer or other person that stores or treats the
hazardous secondary material and the Regional Administrator do not
agree on whether a piece of equipment contains or contacts a hazardous
secondary material with organic concentrations at least 10 percent by
weight, the procedures in paragraph (d)(1) or (2) of this section can
be used to resolve the dispute.
    (g) Samples used in determining the percent organic content shall
be representative of the highest total organic content hazardous
secondary material that is expected to be contained in or contact the
equipment.
    (h) To determine if pumps or valves are in light liquid service,
the vapor pressures of constituents may be obtained from standard
reference texts or may be determined by ASTM D-2879-86 (incorporated by
reference under Sec.  260.11).
    (i) Performance tests to determine if a control device achieves 95